international information pack 1.1.pdf · we are berkshire hathaway specialty insurance company –...

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International Complete Posting CoverOverseas Property + Personal Accident + Personal Liability

Product Disclosure Statement

Complete Posting CoverOverseas Property + Personal Accident + Personal Liability

Product Disclosure Statement and Policy Wording

www.bhspecialty.com

Please read this Product Disclosure Statement (PDS) carefully to ensure You understand what insurance cover is provided. If You have any questions or if You would like more information, please contact SIRVA.

ABOUT USWe are Berkshire Hathaway Specialty Insurance Company – Australia Branch (Incorporated in Nebraska, USA. Liability is limited.) ABN 84 600 643 034, AFS Licence No. 466713. We are the issuer of this product. We are authorised by the Australian Prudential Regulation Authority to carry on general insurance business in Australia. You can reach Us by email at [email protected] or You can write to Us at GPO Box 650, Sydney NSW 2001.

ABOUT SIRVASIRVA Pty Ltd trading as Allied Pickfords (SIRVA) is an Australian Financial Services Licensee (AFS License No. 294595) that is licensed to provide general financial product advice in relation to, and to deal in, general insurance products. SIRVA is licensed to provide those financial services to retail and wholesale clients. SIRVA’s role is to assist You in applying for, acquiring, varying or disposing of this Policy. SIRVA is not the issuer of the insurance cover referred to in this document. SIRVA does not guarantee and is not liable to make any payments under any of the insurance covers referred to in this document.

You can reach SIRVA at [email protected] or You can write to SIRVA at 202-228 Greens Road, Dandenong VIC 3175.

ASSOCIATION BETWEEN US AND SIRVASIRVA distributes this product by agreement with Us. This is relevant to how SIRVA deals in this product. SIRVA does not act as Our agent when dealing in this product and in providing any financial services in relation to this product SIRVA does so under SIRVA’s own AFSL.

Product Disclosure Statement

ABOUT THIS PDSThis PDS, which includes the Policy Wording, contains important information about the Policy. It aims to help You:

• decide whether the cover provided will meet Your needs; and

• compare it with other products You may be considering.

Other documents may comprise the PDS and We will tell You if this is the case in the relevant document.

The Policy contains a number of covers which may or may not be provided to You as a retail client under the Corporations Act 2001 (Cth) depending on Your circumstances. Only the parts of the Policy document relevant to cover provided to You as a retail client and any other documents which We tell You are included, make up the PDS for the purposes of the Corporations Act 2001 (Cth).

We do not provide any advice in this PDS about this product and have not considered Your objectives, financial situation or needs. You should carefully consider the information provided having regard to Your personal circumstances to decide if it is right for You.

UPDATING THIS PDS

This PDS was prepared on 18 November 2016.

We may update the information contained in this PDS when necessary. We will issue the Policyholder with a new PDS or a Supplementary PDS, except in limited circumstances. Where the information is not something that would be materially adverse from the point of view of a reasonable person deciding whether to acquire this insurance We may issue the Policyholder with a copy of any updated information in other forms. You can get a paper copy free of charge by contacting Us.

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ENTITLEMENT TO RECEIVE PDS BEFORE ELECTING TO BE COVERED

The Policyholder and SIRVA will ensure that You are provided with a copy of this PDS before You make an election to be covered by the Policy. You can also request a copy of the PDS from Us.

The Policyholder and SIRVA will also ensure that You are provided with any new or Supplementary PDS that may be issued.

ABOUT YOUR POLICYThis contract of insurance is a group policy between the Policyholder and Us. The contract is based upon the information the Policyholder gave Us when the Policyholder applied for the insurance, and any subsequent information which the Policyholder and You have supplied.

The Policyholder must pay the Premium, including government taxes and charges, for the relevant Period of Insurance. The Policyholder and You must comply with all the Policy terms and conditions.

If You are added as a Covered Person under this Policy then the Policyholder or SIRVA will issue You with the following Policy documents:

• This document which sets out information on the insurance and the standard terms and conditions (including any limits and exclusions) that apply;

• Your relevant Certificate of Insurance. The Certificate of Insurance sets out the covers, excess(es), sums insured and sublimits relevant to You and should be read together with the Policy Wording. The Certificate of Insurance may include additional terms and conditions (including any limits and exclusions) that amend the standard terms of this document;

• Any other change to the terms of Your Policy otherwise advised by Us in writing (such as an endorsement or Supplementary PDS).

These are all important documents and should be carefully read together to ensure the cover provided is accurate. They form the Policyholder’s legal contract with Us. Please keep them in a safe place for future reference.

APPLYING FOR YOUR POLICYAn Insured Person can be added to the Policy when they commence an Overseas Posting. The following procedure must be completed before an Insured Person is added to the Policy:

• the Policyholder must ask Us to add the Insured Person to the Policy;

• the Insured Person must provide SIRVA with written consent to be added to the Policy; and

• the Insured Person must provide SIRVA with such information as SIRVA may require about the nature and value of the Personal Property to be insured;

• We will issue the Insured Person with a Certificate of Insurance confirming they have been added to the Policy. The Certificate of Insurance will be issued to the Insured Person within 5 business days after We have added that Insured Person to the Policy.

A Spouse or Partner and Dependent Child(ren) of an Insured Person are entitled to certain insurance cover under this Policy in the circumstances specified in the Policy. Insured Persons and their associated covered Spouse or Partner or Dependent Child(ren) are collectively referred to in this Policy as Covered Persons. The Certificate of Insurance issued to an Insured Person will apply to all Covered Persons who are Covered Persons because they are a Spouse or Partner and Dependent Child(ren) of an Insured Person.

THE COST OF YOUR POLICYThe Premium payable for the Policy is determined by Our assessment of the risk to be insured as well as the taxes and government charges that are applicable.

When calculating the Premium, We take a number of factors into account including: the occupations of proposed Insured Persons, the number of estimated Overseas Postings, activities being undertaken, the foreign countries involved, the value of Personal Property insured, and the Policyholder’s claims history.

The Premium also includes amounts that take into account Our obligations in relation to any relevant compulsory government charges, taxes or levies (e.g. Stamp Duty, GST) in relation to the Policy. These amounts will be set out separately in the Policy Schedule as part of the total amount payable.

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RENEWING THE POLICYBefore the Policy expires We will advise the Policyholder whether We intend to offer renewal and if so on what terms.

This PDS also applies for any offer of renewal, unless We tell You otherwise.

It is important that You check the terms of any renewal offer before renewing to ensure that the details are correct. In particular, check the sums insured and any applicable Excess(es) to ensure the levels of cover are appropriate for You.

Please note that the Policyholder needs to comply with the Duty of Disclosure before each renewal.

COVERED PERSONS ACCESS TO BENEFITS UNDER THE POLICYThe Policyholder may only make a claim under this Policy where cover is available in accordance with the Policy terms and conditions, limitations and exclusions.

Effective Period of Cover – Insured Person

An Insured Person’s Effective Period of Cover begins on the date all of the following events have occurred:

• the Insured Person is added to the Policy by Us at request of the Policyholder; and

• the Insured Person’s Overseas Posting commences.

An Insured Person’s Effective Period of Cover ends on the earlier of:

• the time they cease to be an Insured Person;

• the time the Policyholder requests that such Insured Person no longer has access to benefits under the Policy;

• the date the Insured Person’s Overseas Posting concludes;

• the date the Insured Person returns to Australia;

• the date the Policy ends in accordance with the Policy or law (for example, when the Period of Insurance ends, the Policy is not renewed or is cancelled).

Effective Period of Cover – Spouse or Partner and Dependent Child(ren)

The Effective Period of Cover for a Covered Person who is a Covered Person by reason that they are a Spouse or Partner or Dependent Child(ren) of an Insured Person will commence on the date insurance cover in respect of the applicable Insured Person commences in accordance with the above.

The Effective Period of Cover for a Covered Person who is a Covered Person by reason that they are a Spouse or Partner and/or Dependent Child(ren) of an Insured Person will end on the earlier of:

• the date insurance cover in respect of the applicable Insured Person is terminated in accordance with the above;

• the date such Spouse or Partner or Dependent Child(ren) ceases to be a Spouse or Partner or Dependent Child(ren) of the Insured Person;

• the date such Spouse or Partner or Dependent Child(ren) ceases to ordinarily reside with the Insured Person on an Overseas Posting;

• the date such Spouse or Partner and/or Dependent Child(ren) returns to Australia.

When the Policyholder applies for this insurance, We will advise the Policyholder of the total Premium amount payable, when it needs to be paid and how it can be paid. This amount will be set out in the Policy Schedule, which will be sent to the Policyholder after the entry into the Policy. If the Policyholder fails to pay We may reduce any claim payment by the amount of Premium owing and/or cancel the Policy.

PAYING YOUR PREMIUMThe Policyholder must pay the Premium by the due date. If We do not receive the Premium by this date or the payment is dishonoured, We may be entitled to reduce or refuse to pay a claim and cancel the Policy.

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Effective Period of Cover – Dependent Child(ren) remaining in Australia (Section 1, Clause E)

The Effective Period of Cover for a Covered Person who is Covered Person, for the purposes of Clause E under the heading “Extra coverages” in Section 1, by reason that they are a Dependent Child(ren) of an Insured Person will commence on the date all the following events have occurred:

• insurance cover in respect of the applicable Insured Person commences in accordance with the above; and

• the Dependent Child(ren) commences a course of study in Australia;

The Effective Period of Cover for a Covered Person who is Covered Person, for the purposes of Clause E under the heading “Extra coverages” in Section 1, by reason that they are a Dependent Child(ren) of an Insured Person will end on the earlier of:

• the date insurance cover in respect of the applicable Insured Person is terminated in accordance with the above;

• the date such Dependent Child(ren) ceases to be a Dependent Child(ren) of the Insured Person;

• the date such Dependent Child(ren) ceases to reside in Australia;

• the date such Dependent Child(ren) ceases a course of study in Australia.

Effective Period of Cover – Personal Representatives (Section 1, Clause L)

The Effective Period of Cover for a Covered Person who is Covered Person for the purposes of Clause L under the heading “Extra coverages” in Section 1 by reason that they are the temporary legal representative of a person who was a Covered Person at the time of their death, will commence on the date the Covered Person dies.

The Effective Period of Cover for a Covered Person who is Covered Person for the purposes of Clause L under the heading “Extra coverages” in Section 1 by reason that they are the temporary legal representative of a person who was a Covered Person at the time of their death will end on the earlier of:

• the date insurance cover in respect of the deceased Covered Person is terminated in accordance with the above;

• the date a legal representative is appointed and qualified in respect of the deceased Covered Person.

We are not obliged to notify a Covered Person of termination of the Policy.

AUTHORISATION AND NOTIFICATIONSBy acceptance of the Policy, the Policyholder agrees to act on behalf of Covered Persons as well as itself with respect to:

• the giving and receiving of notice of claim or cancellation;

• the payment of Premiums and the receiving of any return Premium due under the Policy;

• the negotiation, agreement to and acceptance of endorsements;

• the giving and receiving of any notice provided in the Policy;

• the facilitation of and co-operation with Us in the handling of claims made You under the Policy; and

• the receipt and distribution of any amounts paid by Us in respect of claims made under the Policy.

You agree that the Policyholder shall act on Your behalf with respect to the abovementioned matters.Neither We nor the Policyholder hold anything on trust for, or for the benefit of or on behalf of aCovered Person under this insurance arrangement. The Policyholder:

• does not act on behalf of Us or an eligible person in relation to the insurance;

• is not authorised to provide any financial product advice, recommendations or opinions about the insurance; and

• does not receive any remuneration or other benefits from Us.

Covered Persons have a right to claim under the Policy by operation of section 48 of the Insurance Contracts Act 1984 (Cth). They can make a claim but do not enter into any agreement with Us and are not charged by Us for the right to make a claim for those benefits.

Any person who may be insured under the Policy should consider obtaining advice as to whether the benefits are appropriate or useful for their personal needs from a person who is licensed to give such advice. No

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advice is provided by Us that the insurance provided by this Policy is appropriate or useful for any person’s needs. Nothing prevents such persons from entering into other arrangements regarding insurance.

We will send all notices in relation to the Policy to:

• the Policyholder’s nominated insurance intermediary until We receive written notice to the contrary from the Policyholder; or

• if there is no nominated intermediary, the Policyholder, acting on the behalf of Covered Persons.

Any notice We give the Policyholder will be in writing, and it will be effective:

• if it is delivered to the Policyholder or their agent personally; or

• if it is delivered or posted to the Policyholder’s address (including an electronic address) or the Policyholder’s intermediary’s address last known to Us.

It is important for the Policyholder to tell Us of any change of address as soon as possible.

CLAIMS MADE AND NOTIFIED COVERThe cover provided in Clause F in Section 3 (tax audit expenses) is written on a claims made and notified basis, so it will only respond to audits notified by the Australian Taxation Office to the Covered Person and notified to Us during the Period of Insurance and a Covered Person’s Effective Period of Cover.

The effect of section 40(3) of the Insurance Contracts Act 1984 (Cth) is that if You give notice in writing to Us of facts that might give rise to a claim against You under Clause D in Section 3 as soon as is reasonably practicable after You become aware of those facts but before the insurance cover provided by this Policy expires, We will not be relieved of liability under this Policy in respect of the claim, when made, by reason only that it was made after the expiration of the period of the insurance cover provided by this Policy.

ELECTRONIC DELIVERY OF POLICY DOCUMENTSPolicy documents and any notices will be provided to You by email unless You tell Us or SIRVA otherwise. If however You wish to receive Your Policy documents in hard copy, please tell the Policyholder or SIRVA.

YOUR COOLING OFF RIGHTSIf the Policyholder wants to cancel the Policy after buying it, the Policyholder may do so and receive a full refund of Your Premium. To do this, please notify Us in writing within twenty one (21) days from the date the Policy commenced.

This cooling off right does not apply if You have made or are entitled to make a claim under the Policy.

Even after the cooling off period ends, the Policyholder still has cancellation rights however We may deduct certain amounts from any refund that may be due for administration costs or any non-refundable government charges and taxes.

YOUR DUTY OF DISCLOSUREBefore You enter into an insurance contract, You have a duty under the Insurance Contracts Act 1984 (Cth) and the Marine Insurance Act 1909 (Cth) (as applicable) to tell Us anything that You know, or could reasonably be expected to know, may affect Our decision to insure You and on what terms. You have this duty until We agree to insure You. You have the same duty before You renew, extend, vary or reinstate an insurance contract.

You do not need to tell Us anything that: • reduces the risk We insure You for; or• is common knowledge; or• We know or should know as an insurer; or• We waive Your duty to tell Us about.

IF YOU DO NOT TELL US SOMETHING

If You do not tell Us anything You are required to, We may cancel Your contract or reduce the amount We will pay You if You make a claim, or both.

If Your failure to tell Us is fraudulent, We may refuse to pay a claim and treat the contract as if it never existed.

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PRIVACY NOTICEWe are covered by the Privacy Act 1988 (Cth) and its Australian Privacy Principles (APPs), which set out standards for the collection, use, disclosure and handling of personal information. In this Privacy Notice We, Our and Us means Berkshire Hathaway Specialty Insurance Company ABN 84 600 643 034 along with all companies in the Berkshire Hathaway group of insurance companies and third parties who provide services to Us or on Our behalf.

Personal information is essentially information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether recorded in a material form or not. See the Privacy Act 1988 (Cth) for full details.

This privacy notice applies from 18 November 2016 and details how We collect, disclose and handle Your personal information.

What are the purposes for which We collect Your personal information?

We, and entities acting on Our behalf, only collect personal information (including sensitive information) from or about You for the purposes of assessing Your application for insurance and administering Your insurance policy, including managing and administering any claim made by You.

What happens if You don’t give Us Your personal information?

Without Your personal information, We may not be able to provide You with Our services or products, issue insurance cover, administer Your insurance or process Your claim.

How do We collect Your personal information?

Collection can take place through websites (from data You input directly or through cookies and other web analytic tools), email, by telephone or in writing.

We collect it directly from You unless You have consented to collection from someone other than You, it is unreasonable or impracticable for Us to do so or the law permits Us to.

If You provide Us with personal information about another person You must only do so with their consent and agree to make them aware of this privacy notice.

We will only use Your personal information in accordance with the Privacy Act 1988 (Cth) and for the purposes outlined above.

Who do We disclose Your personal information to?

We will disclose Your personal information to SIRVA, the Policyholder and Covered Persons for the purposes explained above.

We may disclose Your personal information to other companies in the Berkshire Hathaway group and other third party service providers for the purposes outlined above or where disclosure is permitted by law. These entities may be located in Australia or overseas, including in India, Singapore, Hong Kong, New Zealand, Germany, the United Kingdom, Canada and the United States of America or countries where overseas medical or assistance services are provided. These details may change from time to time. You can contact Us for further information. Where such disclosure is made, We make all reasonable efforts to ensure that the arrangements We have in place with overseas parties impose appropriate privacy and confidentiality obligations on those parties to ensure that imparted personal information is kept secure and that such information is only used for the purposes noted above.

How do You contact Us and what are Your opt out rights?

By providing Us with personal information You and any other person You provide personal information for, consent to these uses and disclosures unless You tell us otherwise. If You wish to withdraw your consent, please contact Us. If your refuse consent, we may not be able to provide You with cover under the Policy.

If You wish to obtain details of the personal information We hold about You (including to correct or update the personal information We hold about You), or if You have a complaint about a breach of Your privacy, please refer to Our Privacy Policy available at http://www.bhspecialty.com/privacy-policy.html, or contact Our Privacy Officer by email at [email protected].

We reserve the right to refuse access under the grounds permitted by the Privacy Act 1988 (Cth) and if You are seeking information on another person’s behalf, We will require written authorisation from that individual.

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COMPLAINTSWe will do everything possible to provide a quality service to You. However, We recognise that occasionally there may be some aspect of Our service or a decision We have made that You wish to query or draw Our attention to. We have a complaints and dispute resolution procedure which undertakes to deal with Your complaint promptly. It is important to follow the complaint handling process so We are able to resolve Your concern effectively. INDEPENDENT INTERNAL REVIEW

If You are dissatisfied with how Your complaint has been resolved, You can escalate Your complaint to Our Internal Dispute Resolution (IDR) department who will review the decision independently. You may be asked to put Your complaint in writing to Us.

You can contact Our IDR department by:

Email: [email protected]

Post: Berkshire Hathaway Specialty Insurance GPO Box 650, Sydney NSW 2001

The IDR department will contact You with a decision within fifteen (15) business days of receiving Your complaint.

REVIEW BY THE FINANCIAL OMBUDSMAN SERVICE

In most cases We can resolve any problems Our customers have but if You remain dissatisfied with how We have resolved Your concern You can contact the Financial Ombudsman Service (FOS) for an independent external review at no cost to You, subject to its terms of reference. We are bound by any determination by FOS but the decision is not binding on You.

FOS can be contacted by:

Phone: 1800 367 287

Email: [email protected]

Post: Financial Ombudsman Service GPO Box 3, Melbourne VIC 3001

Web: www.fos.org.au

If the complaint is not covered by the FOS scheme, We will advise You of other options for resolution that may be available to You.

GENERAL INSURANCE CODE OF PRACTICEWe are a signatory to the General Insurance Code of Practice. The Code aims to:

• promote more informed relations between insurers and their customers;

• maintain and promote trust and confidence in the general insurance industry;

• provide fair and effective mechanisms for the resolution of complaints and disputes between insurers and their customers; and

• commit insurers and the professionals they rely upon to higher standards of customer service.

You can download a copy of the Code from http://codeofpractice.com.au.

FINANCIAL CLAIMS SCHEMEThis Policy may be a protected Policy under the Financial Claims Scheme (FCS) which protects certain insureds and claimants in the event of an insurer becoming insolvent. In the unlikely event of Us becoming insolvent You may be entitled to access the FCS, provided You meet the eligibility criteria.

More information about the FCS may be obtained from http://www.fcs.gov.au and the APRA hotline on 1300 55 88 49.

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WORDS WITH SPECIAL MEANINGWords that appear in italics in the Policy have special meaning, as provided in the General Definitions section. In some cases, certain words may be given a special meaning in a particular section of the Policy or when used or in the other documents making up the Policy.

Headings are provided for reference only and do not form part of the Policy for interpretation purposes.

YOUR OBLIGATION TO COMPLY WITH THE POLICY TERMS AND CONDITIONSYou are required to comply with the terms and conditions of the Policy. Please remember that if You do not comply with any term or condition, We may (to the extent permitted by law) decline or reduce any claim payment and/or cancel Your Policy.

If more than one person is insured under the Policy, a failure or wrongful action by one of those persons may adversely affect the rights of any other person insured under the Policy.

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Summary of Coverage - Significant BenefitsPlease note that this is a limited summary of some aspects of the insurance only and does not form part of the terms of the insurance. The Policy provides only those covers that are specified in Your Certificate of Insurance. Those covers are subject to the various terms, limitations, conditions and exclusions of the Policy that are not all listed in the summary.

Section 1. Overseas Personal PropertyWe will pay the Covered Person for the loss, theft or damage to an Insured Person’s Personal Property anywhere in the world in specified circumstances.

Section 2. Personal Accident and Compassionate TravelWe will pay the Covered Person an agreed lump sum if an Insured Person suffers an Accident that results in a Bodily Injury during the Period of Insurance and the Insured Person’s Effective Period of Cover that results in an event outlined in the Table of Events.

We will pay the Covered Person for expenses reasonably and necessarily incurred by a Covered Person to return from an Overseas Posting to Australia or another approved destination due to the unexpected death or Serious Injury or Sickness of a Relative who is under eighty years old.

Section 3. Personal LiabilityWe will indemnify the Insured Person against specified damages, compensation or expenses for which they become legally liable in respect of either Bodily Injury to another person or loss of or damage to property where the Bodily Injury or damage is caused by an Accident occurring while the Insured Person is on an Overseas Posting during the Period of Insurance and the Insured Person’s Effective Period of Cover. Claims paid under Section 3 will be paid to the Policyholder.

We will also indemnify the Insured Person for specified reasonable costs and expenses incurred as a victim of Identity Theft occurring while the Insured Person is on an Overseas Posting during the Period of Insurance and the Insured Person’s Effective Period of Cover.

Section 4. Marine Transit We will insure the Covered Person for loss or damage to a Covered Person’s Personal Property that occurs during transit to and from the Overseas Posting in specified circumstances.

The maximum amount We will pay under each Section of this Policy will be stated in Your Certificate of Insurance.

Some claims are subject to sub-limits. The applicable sub-limits are explained in each Section of this Policy.

Any excess(es) applicable to claims will be stated in Your Certificate of Insurance.

We will make payment of all claims under Sections 1, 2 and 4 of this Policy to the Australian bank account of the Covered Person.

We will make payment of all claims under Section 3 of this Policy to the Policyholder.

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Some of the insurance cover provided under this Policy may constitute “travel insurance” to which the standard minimum cover provisions set out in Division 1 of Part 5 of the Insurance Contracts Act 1984 (Cth) applies. This Policy is not intended to, and does not, provide cover that meets the prescribed minimum cover for travel insurance. In summary, this Policy does not provide the following prescribed minimum cover for travel insurance in the following ways:

• does not cover financial loss on account of fares for any form of transport to be used or accommodation to be used

• does not cover the death of the insured person or a member of the insured’s travelling party while on a specified journey (except for accidental death cover provided in Section 2);

• does not cover the insured person or a member of the insured’s travelling party contracting a sickness or disease or sustaining an injury while on a specified journey;

• the amount of cover provided may be less than the prescribed minimum amounts; and

• it contains exclusions that may be broader in scope than the prescribed exclusions.

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The following general definitions apply for the purpose of all Sections of the Policy. Accident means a single physical event that occurs by chance and is caused by sudden, external and identifiable means that could not have been expected by the Insured Person. An Accident must occur both during the Period of Insurance and the Insured Person’s Effective Period of Cover.

Accidental Death means the death of an Insured Person as a result of an Accident.

Bodily Injury means an identifiable physical injury resulting solely and directly from an Accident and which occurs independently of any Sickness or any other cause, where the Bodily Injury and Accident both occur during the Period of Insurance and the Insured Person’s Effective Period of Cover.

Certificate of Insurance means the relevant and current Certificate of Insurance issued by Us to each Insured Person.

Civil War means any armed opposition, insurrection, revolution, armed rebellion or sedition between two or more parties belonging to the same country or state where the opposing parties are of different ethnic, religious or idealistic groups.

Covered Person means:

i. an Insured Person; and

ii. any Spouse or Partner or Dependent Child(ren) of an Insured Person who ordinarily resides with that Insured Person during an Overseas Posting;

iii. in respect of the cover provided by Clause E under the heading “Extra Coverages” in Section 1 (Contents of dependent children remaining in Australia), Dependent Child(ren) of an Insured Person who remain in Australia to undertake study while the Insured Person is on an Overseas Posting; and

iv. in respect of the cover provided by Clause L under the heading “Extra Coverages” in Section 1, the temporary personal representative of a deceased Covered Person.

Dependent Child(ren) means the Insured Person’s and their Spouse or Partner’s unmarried children (including step or legally adopted children) who are under twenty five (25) years of age and living with the Insured Person or a full-time student at an accredited institution of higher learning and in either case, are primarily dependent upon the Insured Person for their maintenance and support.

This definition is also extended to include an Insured Person’s unmarried children of any age whom permanently live with the Insured Person and are physically or mentally incapable of self-support.

Doctor means a Doctor or Specialist who is registered or licensed to practice medicine under the laws of the country in which they practice, other than:

i. an Insured Person;

ii. a Covered Person;

iii. a relative of the Covered Person; or

iv. an employee of the Policyholder.

Effective Period of Cover means the specified period for which a Covered Person has access to benefits under the Policy as provided under “Covered Persons Access to Benefits under the Policy” on page 4 of this document.

Excess means the amount We will not pay of each and every claim which the Policyholder or Insured Person is required to bear themselves. This relevant amount will be stated in the Certificate of Insurance pertaining to each event.

Insured Person means any officer of the Policyholder who undertakes an Overseas Posting and is added to the Policy in accordance with the requirements of the “Applying for this Policy” section.

General Definitions

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Money means currency, coins, bullion, gold, silver, platinum, bank notes, cheques, travellers cheques, postal orders and money orders, stored value cards, letters of credit, withdrawal order, order upon public treasuries, draft, acceptance, and any similar instruments of value serving the same purpose.

Non-Scheduled Flight(s) means travel in an aircraft whose flights are not conducted in accordance with fixed flying schedules, over specific air routes, to and from fixed terminals.

Overseas Posting means the posting of a Commonwealth officer to a foreign country on a temporary basis in the course of employment and on official Commonwealth business.

Period of Insurance means the period declared on the Policy Schedule or such shorter time if the Policy ends earlier in accordance with its terms or law. Each renewal results in a new contract and new Period of Insurance.

Policy means Our contract with the Policyholder and includes this Policy wording, the current Policy Schedule and any Endorsement or other document We may tell You forms part of the terms and conditions of the Policy.

Policy Schedule means the relevant and current Policy Schedule issued to You or the Policyholder by Us.

A new Policy Schedule is issued on each renewal.

Policyholder means the named entity or person(s) listed as the Policyholder in the Policy Schedule. The Policyholder is the contracting insured.

Premium means the amount shown in the Policy Schedule that is payable in respect of the Policy by the Policyholder.

Professional Sport means any sport for which an Insured Person receives any fee, monetary reward or sponsorship as a result of their participation.

Specialist means a Doctor referred to or recognised by another Doctor as a specialist in their field of medicine to whom they have referred the Covered Person to for treatment.

Spouse or Partner means an Insured Person’s husband or wife and includes a de-facto and/or life partner of any sex with whom the Insured Person has continuously cohabited for a period of three (3) months or more.

Travel Documents means the Insured Person’s passports, visas, entry permits, travel tickets or other similar documents in the possession or control of the Insured Person.

War means a conflict carried out by armed forces, whether declared or not, between different nations, states or groups to achieve economic, geographic, nationalistic, political, racial, religious or other ends.

We/Our/Us means the Berkshire Hathaway Specialty Insurance Company (ABN 84 600 643 034, AFS Licence 466713) who is the Insurer and issuer of this Policy.

You/Your means the Policyholder listed in the Policy Schedule and Covered Persons.

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Section 1 – Overseas Personal Property Personal Property

If, during the Period of Insurance and a Covered Person’s Effective Period of Cover, a Covered Person is on an Overseas Posting and suffers damage to, loss of, or theft of their Personal Property, We will pay the Covered Person in respect of such damage, loss or theft up to the maximum amount shown in the Policy Schedule –Personal Property.

Basis of claim paymentsWe will pay covered claims under Section 1 of the Policy on the following basis:

I. the full cost to replace the Personal Property without deduction for depreciation;

II. the cost of repairing or reinstating the Personal Property to a condition equal to but no better or more extensive than its condition immediately prior to the loss or damage;

III. the difference between the market value of the Personal Property before and after the loss, whichever amount is less.

The amount we will pay for claims made under Section 1 of this Policy will be:

I. subject to the maximum amount(s) shown in the Certificate of Insurance;

II. reduced to account for any applicable excess(es); and

III. subject to the “Limits on cover” provisions below.

Definition of Personal PropertyPersonal Property

Means a Covered Person’s property that:

I. the Covered Person owns or is responsible for; and

II. is used wholly or predominantly by the Covered Person for personal, domestic or household purposes; and

III. the Covered Person transports from Australia to the Overseas Posting or acquires during the Overseas Posting; or

IV. in the case of Clause E under the heading “Extra coverages” (Contents of dependent children remaining in Australia), are kept by a Dependent Child(ren) at their ordinary residence in Australia.

Personal Property does not include:

V. property left in Australia (except in the case of Clause E under the heading “Extra coverages”);

VI. property left overseas when the Overseas Posting concludes;

VII. buildings;

VIII. land;

IX. property that is permanently attached to land or a building;

X. motor vehicles;

XI. caravans, mobile homes and on-site mobile homes;

XII. animals and pets;

XIII. drugs, medication and chemicals;

XIV. food or wine (except as provided for in Clause C (Food spoilage) below);

XV. contact or corneal lenses, hearing aids, dental fittings and prostheses;

XVI. illegal items (including illegally downloaded digital media).

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Extra Coverages

A. Data replacement or recreation

If, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting, a Covered Person’s personal data stored on computer software which the Covered Person owns or possesses is lost or damaged due to a covered loss or computer virus, We will indemnify the Covered Person for the cost of the replacement or recreation of that personal data by an external professional person.

B. Food spoilage

Food or wine is covered while contained in a refrigerator or freezer which spoils due to changes in, or extremes of, temperature caused by:

I. interruption to power supply at the Covered Person’s ordinary residence for the Overseas Posting;

II. interruption to power elsewhere;

III. mechanical or electrical breakdown of refrigeration equipment.

This coverage only applies to spoilage which occurs at the Covered Person’s ordinary residence for the Overseas Posting. These payments do not increase the sum insured for Personal Property. We will not pay more than $10,000 for a covered loss of wine.

C. Account funds

If, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting, a Covered Person’s funds in a financial institution are lost or stolen due to the Unauthorised Use of the Covered Person’s bank card, debit card, credit card or account, We will indemnify the Covered Person the amount lost or stolen.

In this clause Unauthorised Use means the use of a Covered Person’s credit card, bank card, debit card or account number:

I. by a person who is not a Covered Person or a person who ordinarily resides with the Covered Person on an Overseas Posting; and

II. without the Covered Person’s permission,

but does not mean the use of a Covered Person’s credit card, bank card, debit card or account number:

III. in excess of the amount authorised by the Covered Person; or

IV. by a person with unlimited use of the credit card, bank card, debit card or account number.

We will only provide cover under this clause where the Covered Person has complied with the terms and conditions of use applicable to the credit card, bank card, debit card or account concerned.

The amount We will pay under this clause is limited to a maximum of $25,000.

D. Contents of dependent children remaining in Australia

If, during the Period of Insurance and an Insured Person’s Effective Period of Cover:

I. a Dependent Child(ren) of an Insured Person remains in Australia to undertake a course of study; and

II. that Dependent Child(ren) suffers damage to, loss of, or theft of their Personal Property,

We will indemnify the Covered Person in respect of such damage, loss or theft up to a maximum amount of $10,000.

E. Guest property

We cover personal property of the Covered Person’s guests or relatives while it is at the Covered Person’s ordinary residence for the Overseas Posting. These payments do not increase the sum insured for Personal Property shown in the Certificate of Insurance.

F. Additional living expense

If, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting, a Covered Person’s usual residence is rendered uninhabitable, We will cover the reasonable increase in the Covered Person’s household’s usual standard of living.

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We will only provide cover under this clause for the lesser of the following periods:

I. the reasonable amount of time it should take to restore the residence to a habitable condition; and

II. the shortest amount of time required to take up residence at an alternative location.

G. Forced evacuation

If, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting, a Covered Person is forced to evacuate from their ordinary residence, We will cover the reasonable increase in the Covered Person’s household’s usual standard of living.

We will only provide cover under this clause for a maximum period of 90 days.

H. Lock replacement

If, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting, keys to the Covered Person’s ordinary residence are lost or stolen, We will cover the cost of replacing the locks.

I. Debris removal

In the event of damage to a Covered Person’s Personal Property that is covered under Section 1, we will cover the reasonable expenses incurred by a Covered Person to demolish the damaged Personal Property and, if necessary, to remove the said property and any associated debris.

The amount We will pay under this clause is limited to a maximum of 30% of the sum insured shown in the Certificate of Insurance.

J. Mitigation costs cover

We will indemnify the Covered Person for any costs or expenses reasonably and necessarily incurred by a Covered Person in taking action during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting to protect the Covered Person’s Personal Property while situated in the Covered Person’s ordinary residence and thereby avoid or reduce a loss of a type which would have been covered under Section 1 of this Policy.

These payments do not increase the sum insured for Personal Property shown in the Certificate of Insurance.

K. Emergency clothing and essential purchases

If, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person is on an Overseas Posting, a Covered Person is unable to access their ordinary residence then we will pay for the Covered Person’s essential replacement clothing and toiletries purchased as a result.

The amount We will pay under this clause is limited to a maximum of $5,000.

L. Personal representative temporary custody

If, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person is on an Overseas Posting, a Covered Person dies, then the temporary legal representative of the deceased Covered Person will become a Covered Person for the purposes of the cover provided under Section 1 until a legal representative is appointed and qualified in respect of the deceased Covered Person.

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Limits on CoverFor a covered loss to each category of Personal Property listed below, we will not pay more than the amounts shown in the table. The limits on cover do not increase the maximum sum insured shown in the Policy Schedule.

CategoryLimit on cover

(AUD$)

1. Money $2,500

2. Travel Documents securities, accounts, manuscripts and tickets $5,000

3. watercraft, boats, vessels, canoes, rafts and jetskis and their furnishings, equipment and outboard motors $5,000

4. jewelry, watches, precious and semi-precious stones (whether set or un set), furs, items of precious metals including silverware, tableware, trays, trophies and similar items

$5,000 per item up to 40% of the con

tents sum insured in total per occurrence

5. collectible stamps, coins and medals $5,000

6. guns $5,000

7. data replacement or recreation $10,000

8. wine, alcohol and tobacco $10,000

9. electronic locking devices $5,000

10. Account funds $25,000

11. Contents of dependent children remaining in Australia $10,000

12. Debris removal 30% of the sum insured shown in the Certificate

of Insurance

ConditionsIn addition to the “General Conditions Applicable to all Sections of the Policy”:

I. the Covered Person must take all reasonable precautions for the safety and supervision of Personal Property;

II. the Covered Person must report all loss or damage caused by theft or vandalism to the local police or appropriate authorities as soon as possible after the discovery of the loss, damage or theft and obtain a written report of such notification;

III. the Covered Person must, when requested to do so, and at the Covered Person’s expense, provide Us with all proofs of ownership and value, information, co-operation and assistance in relation to a claim (including giving evidence in court) as we may reasonably require;

IV. the Covered Person must, when requested to do so, provide Us with written authority to obtain from the police confirmation that the Covered Person reported the incident and details of any investigations the police undertook.

V. when We pay a claim under this Policy the Covered Person must, upon request, assign their salvage rights in any damaged Personal Property to Us.

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Exclusions applicable to Section 1In addition to the “General Exclusions Applicable to all Sections of the Policy”, We will not be liable to pay damage, loss, cost or expense directly or indirectly caused by, arising from or attributable to:

I. electrical or mechanical breakdown of any item;

II. wear and tear, deterioration, mould or fungus, insects, rodents, vermin, atmospheric or climatic conditions, or any process of cleaning, ironing, pressing, repairing, restoring or alteration;

III. depreciation or devaluation of currency;

IV. confiscation or destruction by Customs or any other government authorities;

V. amounts recoverable by the Covered Person from any other source (with the exception of other insurance);

VI. theft or attempted theft which occurs while Personal Property is unattended other than when securely locked inside a building or securely locked out of sight inside a motor vehicle;

VII. which occurs whilst Personal Property is carried in or on any aircraft, aerial device, bus or watercraft, unless accompanied by a Covered Person;

VIII. theft, attempted theft, vandalism or malicious damage by you or someone who ordinarily resides with you on the Overseas Posting, however this exclusion will not apply to any theft, attempted theft, vandalism or malicious damage by the Covered Person’s domestic workers, guests or tenants which the Covered Person is not complicit in;

IX. theft, attempted theft, vandalism or malicious damage by someone who enters your residence with your consent, or the consent of someone who lives there, however this exclusion will not apply to any theft, attempted theft, vandalism or malicious damage by the Covered Person’s domestic workers, guests or tenants which the Covered Person is not complicit in;

X. repairs, restorations or renovations to Personal Property; and

XI. damage to, loss of, or theft of any of the items that are excluded from the definition of Personal Property (listed above under the heading Definition of Personal Property).

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Section 2 – Personal Accident and Compassionate Travel A. Personal Accident

If, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst on a Overseas Posting, a Covered Person suffers an Accident which directly results in Bodily Injury within 12 months of the Accident, We will pay the Covered Person the corresponding amounts shown in the Table of Events below.

TABLE OF EVENTS

ACCIDENTAL DEATH AND DISABLEMENTCover for an Event only applies if an amount is shown in the Policy Schedule – Accidental Death and Disablement.

The Events The following Event(s) must occur within 12 months of the

date of the Accident.

Benefit Amounts The amounts shown below are a

percentage of the amount shown in the Policy Schedule for Section 2 cover

1. Accidental Death 100%

2. Permanent Total Disablement 100%

3. Permanent Paraplegia or Quadriplegia 100%

4. Permanent and incurable paralysis of all limbs 100%

5. Permanent loss of sight of one or both eyes 100%

6. Permanent loss of use of one or more Limbs 100%

7. Permanent and incurable insanity 100%

8. Permanent loss of the lens of:(a) both eyes(b) one eye

100% 60%

9. Permanent loss of hearing of: (a) both ears(b) one ear

80% 30%

10. Burns:(a) third degree burns and/or resultant disfigurement

which covers more than forty percent (40%) of the entire external body

(b) second degree burns and/or resultant disfigurement which covers more than forty percent (40%) of the entire external body

50%

25%

11. Permanent loss of use of four fingers and thumb of either hand 80%

12. Permanent loss of use of four fingers of either hand 50%

13. Permanent loss of use of the thumb of either hand:(a) both joints(b) one joint

30% 15%

14. Permanent loss of use of fingers of either hand:(a) three joints(b) two joints(c) one joint

10% 7% 5%

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The Events The following Event(s) must occur within 12 months of the

date of the Accident.

Benefit Amounts The amounts shown below are a

percentage of the amount shown in the Policy Schedule for Section 2 cover

15. Permanent loss of use of toes of either foot:(a) all – one foot(b) great – both joints(c) great – one joint(d) other than great – each toe

15% 5% 3% 1%

16. Fractured leg or kneecap with established non-union 10%

17. Loss of at least fifty percent (50%) of all Teeth 1% to a maximum of $10,000 in total

18. Shortening of leg by at least five centimetres (5 cm) 7%

19. Permanent Partial Disablement not otherwise provided for under Events 8 to 18.

Such percentage of the amount shown in the Policy Schedule for Section 2 cover as We at Our absolute discretion determine being not inconsistent with the Benefit Amount provided under Events 8 to18. The maximum amount payable under Event 19 (Permanent Partial Disablement) is $50,000.

20. Broken bones:(a) Neck or spine (full break)(b) Hip, pelvis(c) Skull, shoulder blade(d) Collar bone, upper leg(e) Upper arm, kneecap, forearm, elbow(f) Lower leg, jaw, wrist, cheek, ankle, hand foot(g) Ribs (per rib)(h) Thumb, finger, toe (per thumb, finger, toe)up to a maximum for any one Accident

$600 $2,000 $600 $500 $500 $200 $200 $150 $5,000

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B. Compassionate Travel

If, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst on an Overseas Posting, a Covered Person has to undertake Compassionate Travel then we will indemnify the Covered Person for the costs and expenses reasonably and necessarily incurred by the Covered Person as a result of Compassionate Travel subject to the terms and conditions set out below.

The amount we will pay the Covered Person under this Clause B will be calculated on the following basis:

I. We will only pay one claim per event per Policy Period;

II. We will pay for the Covered Person’s return airfare from the Overseas Posting to Australia or the other approved destination and back to the Overseas Posting only if the Policyholder pays for that return airfare and we will only pay for a return airfare of the same class and ticket as the return airfare that the Policyholder paid for;

III. We will deduct from the amount paid all costs and expenses that were, at the time of the unexpected death, Serious Injury or Sickness of the Relative, already budgeted for or were likely to be incurred in the absence of the need to undertake Compassionate Travel and any refund that the Policyholder or Covered Person receives, or is entitled to receive, on unused prepaid travel and accommodation arrangements.

We will not make any payment under this Clause B in respect of any costs or expenses that arise directly or indirectly out of:

I. Cancellation, curtailment or diversion of scheduled public transport services, including by reason of strikes or other industrial action or any other common carrier caused delays;

II. Any business or financial or contractual obligations of the Covered Person or of any other person or any change of plans or disinclination, on the part of the Covered Person or of any other person, to commence compassionate travel;

III. The inability of any tour operator or wholesaler to complete arrangements for any tour due to a deficiency in the required number of persons to commence any tour;

IV. The Covered Person undertaking compassionate travel against the advice of a Doctor or when the Covered Person is unfit to undertake compassionate travel;

V. Any detention attributable to the Covered Person breaking the law of any Country or State; or

VI. Any travel undertaken by the Covered Person relating to circumstances that, prior to the commencement of that Covered Person’s Effective Period of Insurance , the Covered Person knew or ought to have known may necessitate their return to Australia or the other authorised destination.

DefinitionsCompassionate Travel means travel undertaken by a Covered Person during the Period of Insurance and a Covered Person’s Effective Period of Cover to return from an Overseas Posting to Australia or some other destination approved by Us and back to the Overseas Posting due solely to the unexpected death, Serious Injury or Sickness of a Relative who is under eighty years old.

Event(s) means the event(s) described in the Table of Events set out under Section 2 of the Policy.

Limb means the entire limb between the shoulder and the wrist or between the hip and the ankle.

Paraplegia means the Permanent loss of use of both legs and the Permanent loss of use of the whole of or part of the lower half of the body.

Permanent means having lasted twelve (12) consecutive months and at the expiry of that time being without hope of improvement.

Permanent Partial Disablement means disablement as a result of an Accident which continues for twelve (12) consecutive months and at that time is certified by a Doctor as being beyond hope of improvement and preventing the Insured Person forever from engaging in a substantial part of any business, profession, occupation or employment for which they are reasonably qualified by training, education or experience;

Permanent Total Disablement means total disablement as a result of an Accident which continues for twelve (12) consecutive months and at that time is certified by a Doctor as being beyond hope of improvement and entirely preventing the Insured Person forever from engaging in any business, profession, occupation or employment for which they are reasonably qualified by training, education or experience.

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Quadriplegia means the Permanent loss of use of both arms and both legs.

Relative means the Insured Persons Spouse or Partner, fiancé (e), child, step-child, parent, parent-in-law, step parent, brother, sister, brother-in-law, sister-in-law, daughter-in-law, son-in-law, half-brother, half-sister, niece, nephew, uncle, aunt, grandparent or grandchild.

Serious Injury or Sickness means a condition other than pregnancy for which a Relative has not received regular treatment or advice for treatment at the date of the commencement of the Overseas Posting, and for which a Doctor certifies that the attendance of the Covered Person is necessary for the health of or treatment of that person.

Tooth or Teeth means a sound and natural permanent tooth, including capped or crowned teeth, but does not include first teeth, dentures, implants and dental fillings.


I. Except as provided below, Our total liability for all claims arising under Section 2 of the Policy, in respect of any one Accident or series of Accidents arising out of any one occurrence during the Period of Insurance, shall not exceed the amount shown in the Policy Schedule – Aggregate Limit of Liability Any One Accident or Occurrence;

II. Our total liability for all claims arising under Section 2 of the Policy, in respect of any one Accident or series of Accidents arising out of any one occurrence during the Period of Insurance, relating to air travel on Non-Scheduled Flights, shall not exceed the amount shown in the Policy Schedule – Aggregate Limit of Liability Non-Scheduled Flights;

III. where a Covered Person is exposed to the elements as a result of an Accident and suffers from any of the Events stated in the Table of Events as a direct result of that exposure within twelve (12) months of the Accident, the Covered Person will be deemed for the purposes of this Policy to have suffered a Bodily Injury on the date of the Accident;

IV. after payment of a benefit as a result of the occurrence of any of the Events 2 to 8(a) all cover with respect to that Covered Person under Section 2 of this Policy will cease;

Exclusions applicable to Section 2In addition to the General Exclusions Applicable to all Sections of the Policy, We will not be liable to pay loss, cost or expense directly or indirectly caused by, arising from or attributable to:

I. any claim payable for Event 2 Permanent Total Disablement for Insured Person(s) who have attained the age of eighty five (85).

II. treatment or services covered by:

• Medicare;

• any workers’ compensation legislation;

• any transport accident legislation;

• any government sponsored fund, plan or medical benefit scheme; or

• any other insurance policy required to be effected by or under law;

III. professional or medical services rendered in Australia for which Medicare benefits are or would be payable in accordance with the Health Insurance Act 1973 (Cth), National Health Act 1953 (Cth) or the Private Health Insurance Act 2007 (Cth) or any succeeding legislation to those Acts, or other claims which would result in Us contravening those Acts;

IV. a Covered Person engaging in or taking part in:

• training for or participating in Professional Sport of any kind; or

• flying in an aircraft or aerial device other than as a passenger in any aircraft licensed to carry passengers;

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V. intentional self-inflicted Bodily Injury, suicide or any illegal or criminal act committed by the Policyholder or a Covered Person;

VI. any claim that would result in Us contravening any workers compensation legislation and or transport accident legislation; and

VII. any loss under any section of this Policy as a direct or indirect result of a pre-existing condition.

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Section 3 – Personal Liability A. Personal Liability

If a Covered Person becomes legally liable to pay damages, compensation or legal expenses as a result of causing:

I. Bodily Injury, including death, to any other person; or

II. loss of or damage to physical property belonging to any other person;

and such Bodily Injury or loss/damage is as a result of an Accident occurring during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting, We will pay the Policyholder the cost of such damages, compensation or legal expenses.

With respect to claims for which indemnity is available under this Clause We will defend in the Covered Person’s name and on the Covered Person’s behalf at our cost and with counsel of our choice any claim or suit against the Covered Person alleging such Bodily Injury or loss of or damage to physical property.

When defending the Covered Person under this Clause the defence costs We will pay shall include:

I. earnings lost by a Covered Person up to a maximum of $250 a day and a total of $10,000; and

II. other reasonable expenses incurred by a Covered Person, suffered or incurred at Our request.

The amount We will pay under this clause is limited to the amount shown in the Certificate of Insurance inclusive of any defence costs paid by Us under clause C below.

B. Credit Cards, Forgery and Counterfeiting

If a Covered Person becomes legally liable to pay damages, compensation or legal expenses:

I. to a financial service provider as a result of loss, theft or Unauthorised Use of the Covered Person’s credit card, bank card, debit card or account number; or

II. as a result of forgery or alteration of any cheque or negotiable instrument; or

as a result of an occurrence happening during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting, We will pay the Policyholder the cost of such damages, compensation or legal expenses, up to the limit stated in the Policy Schedule – Personal Liability.

In this clause Unauthorised Use means the use of a Covered Person’s credit card, bank card, debit card or account number:

III. by a person who is not a Covered Person or a person who ordinarily resides with the Covered Person on an Overseas Posting; and

IV. without the Covered Person’s permission,

but does not mean the use of a Covered Person’s credit card, bank card, debit card or account number:

V. in excess of the amount authorised by the Covered Person; or

VI. by a person with unlimited use of the credit card, bank card, debit card or account number.

We will only provide cover under this clause where the Covered Person has complied with the terms and conditions of use applicable to the credit card, bank card, debit card or account concerned.

The amount We will pay under this clause is limited to a maximum of $30,000 inclusive of any defence costs paid by Us under clause C below.

C. Defence Costs

In respect of the indemnity provided under Clauses A and B above, we will defend, at our cost, the covered claim or suit against the Covered Person.

The amount We will pay under this clause is subject to the limits stated in Clauses A and B.

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D. Damage to Property of Others

If a Covered Person, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting, unintentionally damages or destroys another person’s Personal Property, and that other person claims against the Covered Person in respect of the said property damage, then We will pay the Policyholder in respect of that property damage, irrespective of whether the Covered Person has a legal liability to that other person in respect of the property damage.

In this clause Personal Property means the personal property of a person who is not a Covered Person but does not include:

I. buildings;

II. land;

III. property that is permanently attached to land or a building;

IV. motor vehicles;

V. caravans, mobile homes and on-site mobile homes;

VI. animals and pets;

VII. food (except wine and alcohol);

VIII. drugs, medication and chemicals;

IX. contact or corneal lenses, hearing aids, dental fittings and prostheses;

X. illegal items (including illegally downloaded digital media).

We will pay covered claims under this clause on the following basis:




The amount We will pay under this clause is limited to a maximum of $15,000 for each occurrence.

E. Golfing Cover

If a Covered Person, during the Period of Insurance and a Covered Person’s Effective Period of Cover, unintentionally damages or destroys another person’s property whilst playing golf or participating in any activity at a golf club, and that other person claims against the Covered Person in respect of the said property damage, then We will pay the Policyholder in respect of that property damage, irrespective of whether the Covered Person has a legal liability to that other person in respect of the property damage.

We will pay covered claims under this clause on the following basis:

I. the full cost to replace the property without deduction for depreciation;

II. the cost of repairing or reinstating the property to a condition equal to but no better or more extensive than its condition immediately prior to the loss or damage;


F. Tax Audit Expenses

We will pay the Policyholder for any Tax Audit Costs incurred by a Covered Person resulting from a Tax Audit Notice served on the Covered Person, and reported to Us, during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting.

In this clause Tax Audit Costs means all reasonable fees, charges or disbursements of an accountant or registered tax agent who is engaged by the Covered Person work undertaken in response to a Tax Audit Notice.

In this clause Tax Audit Notice means a formal notice or process from the Australian Taxation Office to a Covered Person relating to a specific return filed by the Covered Person as to the Covered Person’s liability to pay tax.

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We do not cover any Tax Audit Costs in connection with:

I. any fraudulent act, error, omission or misrepresentation committed by or on behalf of a Covered Person;

II. any improper, unwarranted or unjustified delay, refusal or failure to comply with any request made by or on behalf of the Australian Taxation Office for the production of documents or the provision of information by the Covered Person;

III. matters arising under customs legislation;

IV. the imposition of, or seeking to impose, any tax, penalty tax, costs, interest, fine or any fees or expenses in connection with any criminal prosecution; and

V. any audit conducted in relation to any facts or circumstances of which the Covered Person was aware or ought to have been aware prior to the commencement of this Policy which were likely to lead to a Tax Audit Notice being issued to the Covered Person.


I. no admission of fault or liability may be made without Our prior written consent;

II. We will be permitted to take over the settlement of any claim or conduct the defence in the Covered Person’s name;

III. We will have full discretion in the handling of all proceedings.

Exclusions applicable to Section 3In addition to the “General Exclusions Applicable to all Sections of the Policy”, We will not be liable to pay any damages, loss, cost or expense directly or indirectly caused by, arising from or attributable to:

I. Bodily Injury to the Covered Person or any member of the Covered Person’s family ordinarily residing with them on the Overseas Posting;

II. Bodily Injury to any person which occurs in the course of their employment, service contract or apprenticeship with You or the Covered Person, but this exclusion shall not apply where the Covered Person is undertaking volunteer work for an organized and registered charitable, religious or community group or an incidental business away from the home;

III. loss of or damage to property owned by or in the control of You or the Covered Person or any member of the Covered Person’s family ordinarily residing with them;

IV. Bodily Injury, loss of or damage to property through or in connection with Your or the Covered Person’s business or trade, or from professional advice given by You or the Covered Person;

V. liability assumed under contract unless such liability would have arisen in the absence of such contract;

VI. punitive, exemplary or aggravated damages, any penalty or fine or any multiple portion of any multiplied damages award;

VII. losses or expenses incurred due to any actual or attempted fraudulent, dishonest or criminal act by You or a Covered Person or any person acting with You or a Covered Person, or by any authorised representative of You or a Covered Person, whether acting alone or in collusion with others;

VIII. exemplary damages;

IX. the ownership, use or possession of any motorized land vehicles, including trailers;

X. the ownership, use or possession of any aircraft;

XI. the ownership, use or possession of any watercraft eight metres or longer or with more than 50 horsepower;

XII. the participation or practice for competitive racing of any motorized land vehicle, watercraft or aircraft;

XIII. a Covered Person permitting the use of any motorized land vehicle, watercraft or aircraft by any person;

XIV. the ownership, maintenance, use, or possession of any premises other than the Covered Person’s ordinary residence for the Overseas Posting;

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XV. the discharge, dispersal, seepage, migration or release or escape of pollutants;

XVI. damages or compensation payable to a domestic employee of the Covered Person;

XVII. any Covered Person’s acts or omissions in their capacity as a director or officer;

XVIII. unlawful or allegedly unlawful discrimination;

XIX. actual, alleged or threatened sexual molestation, sexual misconduct, harassment or abuse;

XX. acts intended by the Covered Person to cause Bodily Injury or loss or damage;

XXI. a Covered Person’s business pursuits, investment or other profit seeking activities, but this exclusion shall not apply where the Covered Person is undertaking volunteer work for an organized and registered charitable, religious or community group or an incidental business away from the home;

XXII. a Covered Person’s pursuit or holding of an elected public office;

XXIII. the supply of professional services;

XXIV. any illness, sickness or disease transmitted by a Covered Person to another person.

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Section 4 – Marine Transit Marine Transit

We will insure Covered Persons for loss or damage to a Covered Person’s Personal Property that occurs during:

I. a Period of Insurance; and

II. a Covered Person’s Effective Period of Cover,

in accordance with the Institute Clause as amended in this Section of the Policy.

For the purposes of this Clause all references to in the Institute Clause to “the Assured” shall be read as a reference to a Covered Person.

The amount we will pay under Section 4 of this Policy:

I. is subject to the maximum amount shown in the Policy Schedule;

II. will be reduced to account for any applicable excess;

III. will be calculated in accordance with the “Basis of claim payments” provisions below; and

IV. is subject to the “Limits on cover” provisions below.

Basis of Claim Payments

We will pay covered claims under Section 4 of the Policy on the following basis:




Definition of Personal PropertyPersonal Property

Means a Covered Person’s property that:

I. the Covered Person owns or is responsible for; and

II. is used wholly or predominantly by the Covered Person for personal, domestic or household purposes; and

III. the Covered Person transports from Australia to the Overseas Posting, acquires during the Overseas Posting.

Personal Property does not include:

IV. property left in Australia;

V. property left overseas when the Overseas Posting concludes;

VI. buildings;

VII. land;

VIII. property that is permanently attached to land or a building;

IX. motor vehicles;

X. caravans, mobile homes and on-site mobile homes;

XI. animals and pets;

XII. food (except wine and alcohol);

XIII. drugs, medication and chemicals;

XIV. contact or corneal lenses, hearing aids, dental fittings and prostheses;

XV. illegal items (including illegally downloaded digital media).

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DefinitionsInstitute Clause means Institute Cargo Clause (A) (1/1/09) prepared by the Lloyd’s Market Association and International Underwriting Agency Association of London, as reproduced below.

Limits on coverFor a covered loss to each category of Personal Property listed below, we will not pay more than the amounts shown in the table. The limits on cover do not increase the maximum sum insured shown in the Policy Schedule.

CategoriesLimit on cover

(AUD$)

1. Money $2,500

2. Travel Documents, securities, accounts, manuscripts and tickets $5,000

3. watercraft, boats, vessels, canoes, rafts and jetskis and their furnishings, equipment and outboard motors $5,000

4. jewelry, watches, precious and semi-precious stones (whether set or un set), furs, items of precious metals including silverware, tableware, trays, trophies and similar items

$5,000 per item up to 40% of the contents

sum insured in total per occurrence

5. collectible stamps, coins and medals $5,000

6. guns $5,000

7. data replacement or recreation $10,000

8. wine, alcohol and tobacco $10,000

9. electronic locking devices $5,000

Exclusions applicable to Section 4The “General Exclusions Applicable to all Sections of the Policy” and the Exclusions set out in this Section apply to the cover provided under this Section and take precedence over the provisions of the Institute Clause to the extent of any inconsistency.

In addition to the “General Exclusions Applicable to all Sections of the Policy”, We will not be liable to pay damage, loss, cost or expense directly or indirectly caused by, arising from or attributable to:

I. Loss or damage which has not occurred during transit (as defined under the Institute Clause);

II. The exclusions listed in the Institute Clause below.

Institute ClauseRISKS COVERED

Risks

1. This insurance covers all risks of loss of or damage to the subject-matter insured except as excluded by the provisions of Clauses 4, 5, 6 and 7 below.

General Average

2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 below.

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“Both to Blame Collision Clause”

3. This insurance indemnifies the Assured, in respect of any risk insured herein, against liability incurred under any Both to Blame Collision Clause in the contract of carriage. In the event of any claim by carriers under the said Clause, the Assured agree to notify the Insurers who shall have the right, at their own cost and expense, to defend the Assured against such claim.

EXCLUSIONS

4. In no case shall this insurance cover

4.1 loss damage or expense attributable to wilful misconduct of the Assured

4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured

4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)

4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured

4.5 loss damage or expense caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)

4.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.

4.7 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

5.1 In no case shall this insurance cover loss damage or expense arising from

5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein

5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.

5.2 Exclusion 5.1.1 above shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.

5.3 The Insurers waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination.

6. In no case shall this insurance cover loss damage or expense caused by

6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power

6.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat

6.3 derelict mines torpedoes bombs or other derelict weapons of war.

7. In no case shall this insurance cover loss damage or expense

7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions

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7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions

7.3 caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted

7.4 caused by any person acting from a political, ideological or religious motive.

DURATION

Transit Clause

8.1 Subject to Clause 11 below, this insurance attaches from the time the subject-matter insured is first moved in the warehouse or at the place of storage (at the place named in the contract of insurance) for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit, continues during the ordinary course of transit and terminates either

8.1.1 on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in the contract of insurance,

8.1.2 on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or

8.1.3 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit or

8.1.4 on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge, whichever shall first occur.

8.2 If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in Clauses 8.1.1 to 8.1.4, shall not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.

8.3 This insurance shall remain in force (subject to termination as provided for in Clauses 8.1.1 to 8.1.4 above and to the provisions of Clause 9 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to carriers under the contract of carriage.

Termination of Contract of Carriage

9. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before unloading of the subject-matter insured as provided for in Clause 8 above, then this insurance shall also terminate unless prompt notice is given to the Insurers and continuation of cover is requested when this insurance shall remain in force, subject to an additional premium if required by the Insurers, either

9.1 until the subject-matter insured is sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after arrival of the subject-matter insured at such port or place, whichever shall first occur, or

9.2 if the subject-matter insured is forwarded within the said period of 60 days (or any agreed extension thereof) to the destination named in the contract of insurance or to any other destination, until terminated in accordance with the provisions of Clause 8 above.

Change of Voyage

10.1 Where, after attachment of this insurance, the destination is changed by the Assured, this must be notified promptly to Insurers for rates and terms to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable market terms.

10.2 Where the subject-matter insured commences the transit contemplated by this insurance (in accordance with Clause 8.1), but, without the knowledge of the Assured or their employees the ship sails for another destination, this insurance will nevertheless be deemed to have attached at commencement of such transit.

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CLAIMS

Insurable Interest

11.1 In order to recover under this insurance the Assured must have an insurable interest in the subject matter insured at the time of the loss.

11.2 Subject to Clause 11.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Insurers were not.

Forwarding Charges

12. Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a port or place other than that to which the subject-matter insured is covered under this insurance, the Insurers will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter insured to the destination to which it is insured.

This Clause 12, which does not apply to general average or salvage charges, shall be subject to the exclusions contained in Clauses 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their employees.

Constructive Total Loss

13. No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-matter insured to the destination to which it is insured would exceed its value on arrival.

Increased Value

14.1 If any Increased Value insurance is effected by the Assured on the subject-matter insured under this insurance the agreed value of the subject-matter insured shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.

In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

14.2 Where this insurance is on Increased Value the following clause shall apply:

The agreed value of the subject-matter insured shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the subject-matter insured by the Assured, and liability under this insurance shall be in such proportion as the sum insured under this insurance bears to such total amount insured.

In the event of claim the Assured shall provide the Insurers with evidence of the amounts insured under all other insurances.

BENEFIT OF INSURANCE

15. This insurance

15.1 covers the Assured which includes the person claiming indemnity either as the person by or on whose behalf the contract of insurance was effected or as an assignee,

15.2 shall not extend to or otherwise benefit the carrier or other bailee.

MINIMISING LOSSES

Duty of Assured

16. It is the duty of the Assured and their employees and agents in respect of loss recoverable hereunder

16.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss, and

16.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised and the Insurers will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.

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Waiver

17. Measures taken by the Assured or the Insurers with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

AVOIDANCE OF DELAY

18. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

LAW AND PRACTICE

19. This insurance is subject to Australian law and practice.

NOTE: Where a continuation of cover is requested under Clause 9, or a change of destination is notified under Clause 10, there is an obligation to give prompt notice to the Insurers and the right to such cover is dependent upon compliance with this obligation.

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General Conditions Applicable to all Sections of the PolicyAlteration of Risk

You must tell Us as soon as possible if circumstances occur, or if changes or alterations are intended or made which increase the risk of damage, injury, liability, loss or Sickness. If We agree to the change, We will do so in writing and the Policyholder must pay Us any additional Premium We may require.

Assignment

You must not assign the Policy, or any rights under the Policy, without Our prior written consent by way of endorsement to the Policy.

Cancellation

The Policyholder may cancel this Policy at any time by notifying Us in writing. The cancellation will take effect from 4:00pm on the day We receive the Policyholder’s written notice of cancellation or such time as may be otherwise agreed.

We may cancel the Policy or any Section thereof, for any of the reasons set out in Section 60 of the Insurance Contracts Act 1984 (Cth) by issuing a notice in writing in accordance with Section 59 of the Insurance Contracts Act 1984 (Cth).

If the Policy is cancelled by either the Policyholder or Us, We will refund the Premium for the Policy less a pro-rata proportion of the Premium to cover the period for which insurance applied less any government fees, taxes and duties We cannot recover. However We will not refund any Premium if We have paid a claim or benefit to You or an Insured Person under the Policy.

Claims Notifications

All Claims under this Policy must be reported immediately by email to [email protected]. Alternatively You can contact SIRVA as detailed in the “About SIRVA” section of the PDS.

Claims Proof of Loss

The Covered Person must keep documents they will need in case of a claim. These proofs may include, but not be limited to, substantiation of the Covered Person’s earnings, receipts, statements or medical certificates relating to a claim, injury reports, claim forms and any other relevant documentation which comes into Your or a Covered Person’s possession.

Claims Requirements

The Covered Person must, when requested to do so, and at the Covered Person’s expense, provide Us with all proofs of ownership and value, information, co-operation and assistance in relation to a claim (including giving evidence in court) as we may reasonably require;

Currency

All amounts shown are in Australian dollars. If expenses are incurred in a foreign currency, then the rate of currency exchange used to calculate the amount to be paid will be the rate of exchange published in the Australian Financial Review on the date the expense is incurred or loss is sustained. All claims will be paid in Australian dollars.

Entire Contract/Alteration

This Policy will not be modified except by written amendment or endorsement attached hereto and signed by a person authorised on our behalf.

Governing Law and Jurisdiction

The Policy is governed by the laws of New South Wales. Any dispute relating to the Policy shall be submitted to the exclusive jurisdiction of an Australian Court.

Medical Examination or Post Mortem

At Our expense, We will be entitled to have any Covered Person medically examined or in the event of death, a post mortem examination carried out. We will give the Insured Person or their legal representative fair and reasonable notice of the medical examination or post mortem.

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Other Insurance

In the event of a claim, the Policyholder and/or Covered Person must advise Us as to any other insurance policies that may be available to pay or partially pay that claim.

Reasonable Precautions

The Policyholder and/or Covered Person must take all reasonable care to prevent or minimise damage, injury, liability, loss, Accident or Sickness, including complying with any law, by-law, ordinance or regulation that concerns the safety of persons or property.

Subrogation

If We make any payment under this Policy, then to the extent of that payment, We may exercise any rights of recovery held by the Policyholder or the Covered Person. The Policyholder and the Covered Person must not do anything which reduces any such rights and must provide reasonable assistance to Us in pursuing any such rights.

To the extent permitted by law, We may reduce Our liability for Your claim where You have agreed to exclude or limit Your rights to recover damages from another person in respect of a loss You suffer. We will have full discretion in the conduct, settlement or defence of any claim in the Policyholder or the Covered Person’s name.

The amount recovered will be applied first to reducing the amount by which the Policyholder’s or the Covered Person’s loss exceeds the payment made by Us. Any balance remaining after the Policyholder or the Covered Person has been fully compensated for the loss, up to the amount We have paid to settle the claim (including Our legal fees for recovery), will be retained by Us.

In relation to any claim under the Policy, the Policyholder and/or the Covered Person must not admit fault and must not offer or promise to pay any Money or become involved in litigation without Our approval.

War or Civil War

In respect of all claims arising out of War or Civil War in any and all of Afghanistan, Syria, and Iraq Our limit of liability shall be:

I. the lesser of the sum insured stated in the Policy Schedule or one hundred thousand dollars ($100,000) in respect of any one event; and

II. five hundred thousand dollars ($500,000) in the aggregate during the Period of Insurance; with Our liability to cease at the end of the Period of Insurance, irrespective of whether a Journey has been completed.

Payment to Policyholder

When we pay a claim made under this Policy, we will make the payments as follows:

I. Payment will be made to the Australian bank account of the Covered Person for claims made under Sections 1, 2 or 4; and

II. Payment will be made to the Policyholder for claims made under section 3.

Any payments made by us to the Policyholder will fully release and discharge us from all liabilities under the Policy to all Covered Persons in respect of the claim.

No duplication of cover between Sections

If a loss is covered under more than one Section of this Policy, We will pay the Policyholder under the Section giving the most coverage. We will not make duplicate payments.

Liberalisation

We can extend or broaden the coverage provided by this Policy without increasing the premium. If we extend or broaden the coverage in accordance with this clause then we can decide:

I. the date from which the broadened or extended coverage is to apply;

II. the occurrences and claims to which the broadened or extended coverage is to apply; and

III. the occurrences and claims which are excluded from the broadened or extended coverage.

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General Exclusions Applicable to all Sections of the Policy We will not pay benefits, loss, costs or expense under any Section of the Policy directly or indirectly caused by, arising from or attributable to:

I. any occurrence that does not happen during the Period of Insurance and a Covered Person’s Effective Period of Cover and whilst the Covered Person was on an Overseas Posting;

II. any consequential loss or loss of enjoyment;

III. a Covered Person’s failure to take reasonable care:

a. to safeguard their Personal Property;

b. avoid an Accident; or

c. minimise their loss;

IV. radioactivity, or the use, existence or escape of any nuclear fuel, nuclear material or nuclear waste;

V. war or warlike activities;

VI. expropriation of any thing;

VII. any claim to the extent that trade or economic sanctions or other laws or regulations prohibit the Insurer, its parent company or its ultimate controlling entity from providing the insurance including, but not limited to, any sanctions administered and enforced by the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) or any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of Australia, the European Union, United Kingdom or United States of America;

VIII. amounts recoverable by the Policyholder and/or the Covered Person from any other source (with the exception of other insurance);

IX. any dishonest, fraudulent, criminal, reckless, malicious or deliberate act or omission of the Covered Person;

X. any wilful breach of statute; or

XI. a Covered Person being under the influence of intoxicating liquor or a drug, except a drug taken in accordance with the advice of a registered medical practitioner.

We will not pay benefits, loss, costs or expense under any Section of the Policy where the Policyholder or the Covered Person is entitled to be indemnified out of the Comcover Fund in respect of the loss, cost or expense.

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BHSI-AUS-CPS-PDS-11/2016

GPO Box 650, Sydney NSW [email protected]