Sompo Motor: Explanatory Notes How To Read This Document
Sompo Motor: Explanatory Notes How To Read This Document
EXPLANATORY NOTES
 How to read this document
 Please note that your Private Car Policy only starts from page 4 onwards. To help you read and understand your policy better
 we provide some explanatory notes together with comments and examples (written in italic). These are not meant to be part of
 your policy and should not be used to interpret your insurance contract in the event of any dispute.
 Words in bold
 You will notice that some words in the policy are printed in bold letters. This is because they have been given specific meaning
 in your Private Car Policy. Please refer to Section F on page 11 to 13 for the meaning of these words.
 What makes up your insurance contract?
 Your insurance contract with us is made up of the following:
    • insurance policy in pages 4 to 13 (excluding the italic texts);
    • the information you provided us when you applied for this insurance;
    • the Schedule;
    • the Endorsements attached to the policy; and
    • the Certificate of Insurance (CI).
 All these must be read together as they form your insurance contract.
 Duty of Disclosure
 A. Consumer Insurance Contract
    Where you have applied for this insurance wholly for purposes unrelated to your trade, business or profession, you had a
    duty to take reasonable care not to make a misrepresentation in answering the questions in the Proposal Form (or when
    you applied for this insurance) i.e. you should have answered the questions fully and accurately. Failure to have taken
    reasonable care in answering the questions may result in avoidance of your contract of insurance, refusal or reduction of
    your claim(s), change of terms or termination of your contract of insurance in accordance with Schedule 9 of the Financial
    Services Act 2013. You were also required to disclose any other matter that you knew to be relevant to our decision in
    accepting the risks and determining the rates and terms to be applied.
    You also have a duty to tell us immediately if at any time after your contract of insurance has been entered into, varied or
    renewed with us, any of the information given in the Proposal Form (or when you applied for this insurance) is inaccurate or
    has changed.
 B. Non-Consumer Insurance Contract
    Where you have applied for this insurance for purposes related to your trade, business or profession, you had a duty to
    disclose any matter that you know to be relevant to our decision in accepting the risks and determining the rates and terms
    to be applied, and any matter a reasonable person in the circumstances could be expected to know to be relevant, otherwise
    it may result in avoidance of your contract of insurance, refusal or reduction of your claim(s), change of term(s) or termination
    of your contract of insurance.
    You also have a duty to tell us immediately if at any time after your contract of insurance has been entered into, varied or
    renewed with us, any of the information given in the Proposal Form (or when you applied for this insurance) is inaccurate or
    has changed.
    If you misrepresented any facts to us before the policy is entered into, examples of the actions that may be taken by us
    against you include the following:
    • declare your policy void from inception (which means treating it as invalid), and we may not return any premium;
    • cancel this policy and return any premium less our cancellation charge or recover any unpaid premium;
    • recover any shortfall in premium;
    • not pay any claim that has been or will be made under the policy; or
    • be entitled to recover from you the total amount of any claim already paid under the policy or any claim we have to pay
        because of any relevant road traffic legislation, plus any recovery cost.
(SMotor/PW 180918)                                               1
What is covered?
Your insurance policy provides a Comprehensive coverage for your car but it may not cover you against everything. Check out
the Schedule that we issued to you to know the type of cover you bought. The main types of cover are:
    Page                                                       COVERAGE                                        CHECKLIST
    4 to 6   Section A: Loss or Damage to Your Own Car
      4       1 (a) Events We Cover                                                                                 
                   (i)    accidental collision or overturning                                                       
                   (ii)   collision or overturning caused by mechanical breakdown                                   
                   (iii) collision or overturning caused by wear and tear                                           
                   (iv) impact damage caused by falling objects subject to certain exclusions                       
                   (v)    fire, explosion or lightning                                                              
                   (vi) breakage of windscreen, windows or sunroof including lamination / tinting film              
                   (vii) burglary, housebreaking or theft                                                           
                   (viii) malicious act                                                                             
                   (ix) while in transit (limited cover)                                                            
                   (x)    loss or damage caused by Convulsion of Nature such as flood, storm and landslip
                                                                                                                    
                          (subject to stated limit)
      4       1 (b) Events We Do Not Cover                                                                          
      5       2. Basis of Settlement (how we will settle your claim)                                                
      6       3. Towing Costs (to a repairer or safe place of choice)                                               
    6 to 7   Section B: Liability to Third Parties
      6       1 (a) What is Covered (by this section)                                                               
                   (i)    death or bodily injury to third parties;                                                  
                   (ii) third party property damage.                                                                
      6       1 (b) What is Not Covered (by this section)                                                           
      7       2. Limits of Our Liability (the maximum that we pay)                                                  
      7       3. Cover for Legal Personal Representatives (if you are dead)                                         
      7       4. Maximum Legal Costs (if approved)                                                                  
      7       5. Rights of Recovery                                                                                 
    8 to 8   Section C: No Claim Discount (NCD)                                                                     
    8 to 9    Section D: General Exceptions (what is not covered by the policy)                                     
   9 to 11    Section E: Conditions (terms that you must comply with)                                               
  11 to 13 Section F: Definitions (explains the words in bold)                                                      
              Section G: Endorsements (additional terms that we may impose on you or additional covers
  13 to 19                                                                                                      Optional
                             if you have paid additional premium)
Key:        = Applicable
What this policy does not cover?
These are referred to as ‘Exceptions’ in your policy and there are three sections where you can find them:
  • Section A1b – see ‘Events We Do Not Cover’ (pages 4 to 5): applicable to Comprehensive policy only.
  • Section B1b – see ‘What is Not Covered’ (pages 6 to 7): applicable to Comprehensive
  • Section D – see ‘General Exceptions’ (pages 8 to 9): applicable to Comprehensive
There are generally three reasons why we put these exceptions in your basic Private Car Policy:
1. Cover is not provided for the exceptions. We have to charge additional premium if you want to cover any of these exceptions.
   Some examples of the exceptions which are not covered by your basic Private Car Policy but which can be covered if you
   pay additional premium are:
   • full cover for flood, storm {see Section A1b – ‘Events We Do Not Cover’ (page 5)};
   • strike, riot, civil commotion {see Section D – ‘General Exception 8b’ (page 9)}; and
   • use outside Malaysia, Singapore or Brunei {see Section D – ‘General Exception 6’ (page 8)}.
2. There are other risks which are not covered by the basic Private Car Policy or by any of its extensions. We would have to
   issue a different policy if you want these types of cover. For example, the following are not covered by your Private Car
   Policy but can be covered under a different type of policy:
   • carriage of goods must be covered under a Commercial Vehicle Policy; and
   • hire or reward must be covered by taxi or hired car policy.
3. We cannot and do not cover certain risks at all. Some examples of these can be seen in Section D – ‘General Exceptions’
   (pages 8 to 9) such as:
   • war, nuclear fission or fusion;
   • risks that are against public policy or against the law; and
   • drunk driving.
How can your car be used?
Since this is a Private Car Policy, your policy only covers you if your car is used for “social, domestic and pleasure purposes
and for the policyholder's business”. This is clearly stated in the Certificate of Insurance under the heading “Limitation as to
Use”.
The following are some examples of how your car can be used:
   • to visit relatives and friends, for shopping etc.; and
   • for some limited business use such as getting to and from work, and meeting customers.
                                                              2
However, we will not cover you, for example, if you use your car in the following manner:
   • as a private taxi or private hire car (e-hailing) by charging fares to carry passengers;
    For an additional premium Your Policy can be extended to cover Private Hire if You or Your Authorised Driver is using
    Your car for the purpose of licensed e-hailing (Endorsement A008: Private Hire Car Endorsement, page 17)
   • as a hire car by charging rental to use your car;
   • to carry any goods in connection with any trade or business other than samples. You must buy a Commercial Vehicle
      Policy to cover for this use;
   • for motor trade (use for showroom display and for test-drive);
   • to practice for or to take part in any race, rally, pacemaking, reliability trial or speed test; and
   • use on any racetrack.
Who can drive your car?
• Practically anyone can drive your car as long as the driver:
      • has a valid licence of the relevant class to drive and is not disqualified to drive by law or for some other reason {(see
        exclusion on Unlicensed Drivers in Section D – ‘General Exception 1’ (page 8)};
      • has your permission to drive (see definition of Authorised Driver in page 11); and
      • complies with all the terms and conditions of this policy.
• Although anyone complying with the above conditions can drive your car, you may have to pay a Compulsory Excess
  depending on the age of the driver or the type of license the driver possesses (see explanation on excess in page 12).
• If you or your authorised driver is not qualified to drive or breach any of the terms and conditions, your claim may be rejected.
  If we are compelled by law to pay, we can recover any sum(s) paid and any expenses incurred from you or your authorised
  driver.
In which territory is your car covered?
This insurance you have purchased only covers you in Malaysia, Singapore and Brunei in accordance to the laws of Malaysia.
Additionally, note that if you intend to drive your car into Singapore, you are required by Singapore’s law to have cover against
Legal Liability to Passengers (LLP). Since LLP is not covered by the basic Private Car Policy, you will need to purchase
Endorsement 100 (see page 15), which provides a limited cover for your liability for death or bodily injury of passengers.
When is your cover effective?
This insurance is effective from the time of purchase of cover or at the agreed time of commencement, until the expiry date. The
period of insurance will be printed in the Policy Schedule and related documents. If there is any change to these dates, it will be
officially shown in an Endorsement issued by us.
How much should you insure your car for?
To be safe, you should insure your car at its current market value (see definition in page 12). In simple terms, this is the current
cost to replace your car with another car of the same make, model, age and general condition. The amount that you choose to
insure is called the sum insured. Please note that you could be penalised if your car is under-insured (see Section A2e – ‘Under-
Insurance’ in page 6).
For example, if the market value of your car is RM100,000 but you only insured it for RM80,000 then you could be penalised for
under-insurance. Assuming the loss is assessed at RM5,000, instead of we paying the full amount, you could be made to bear
a portion of the loss in proportion to the under-insurance as follows:
    Sum Insured                                RM80,000
                          x   Loss       =                     x     RM5,000      =      RM4,000
    Market Value                               RM100,000
Therefore we will pay RM4,000 while the balance of RM1,000 will be borne by you.
You would be penalised as shown above if the market value of your car exceeds the sum insured by 10%. On the other hand,
it would be a waste of money to over-insure as your insurer would not pay more than the market value. One way to protect
yourself from being under-insured or over-insured is to opt for the sum insured determined by a market valuation system
approved by Persatuan Insurans Am Malaysia (PIAM).
What is No Claim Discount (“NCD”)?
This is a form of premium discount for not having made a claim during the preceding period of your insurance (provided the
period of insurance exceeds one year). The scale of NCD applied is specifically mentioned in the policy.
The     applicable  NCD    can    be   checked     with    us   or    the    Central    NCD             Database     (“CND”)     at
https://www.mycarinfo.com.my/ncdcheck/online before the purchase of your Private Car Policy.
What is an Excess?
This is the first amount that you have to bear yourself for each and every claim that we approve, even if the incident is not your
fault. Please check your Policy Schedule to find out the amount that you are liable to pay. This is usually referred to as Voluntary
Excess identified either as Endorsement 1: Voluntary Excess All Claims or Endorsement 2: Voluntary Excess Damage Claim in
your policy. Note that there is also the Compulsory Excess (see page 6) where you have to bear an additional excess of RM400
if you or the person driving your car:
• is under 21 years old;
• holds a Provisional (P) or Learner (L) driver’s license.
     You are not required to provide name(s) of your authorised driver(s). All authorised drivers are not subject to the
     Compulsory Excess unless they fall within the category of person who is under 21 years old or holds a provisional or
     learner driver licence.
As an example, if we assess the claim payable to be RM10,000 but your policy carries a voluntary excess of RM500, you will
have to bear the first RM500 yourself and we will pay the balance of RM9,500. However, if the driver is below 21 years old, you
have to bear an additional excess of RM400. Using the same example, you now have to bear RM900 (i.e. 500 + 400) and we
will pay RM9,100.
                                                                3
Do’s and Don’ts – after you have had an accident, breakdown or theft
• Do:
   Call Accident Assist Call Centre (AACC) 24 hours nationwide insurance road accident Helpline number: 1-300-22-1188
    or
  • Call Our Rakan Auto 24-hour Call Centre at 1800 18 8033
  for immediate road assistance or tow service, or to make an enquiry on claims procedure;
   inform us as soon as possible about any incident which may give rise to a claim;
   report all accidents to the police within 24 hours as required by law;
   submit immediately to us all letters, claims, writs and summons which you have received from third parties as a result of the
    incident;
   remove your car to our approved panel repairer for repairs or windscreen repairs or replacement;
   fully fill up the relevant sections of your claim form – do not put “refer to police report”; and
   if you have a Comprehensive cover and the third party that knocked your car is clearly at fault, you are advised to submit
    own damage Knock-for-Knock (KfK) claim to us in order to expedite claims processing. Your NCD entitlement will not be
    affected and you can claim the excess that you had paid from the insurer of the third party.
• Don’t:
   negotiate, admit or repudiate any claim without our consent (see Condition 2 in page 10); and
   authorise repair without our consent (see Condition 2f in page 10).
(Condition 2 of your policy (see page 10) spells out the Do’s and the Don’ts after an accident or theft in more detail.)
PRIVATE CAR POLICY
Our agreement with You
A. Where Your Car is used for any purpose that is not related          B. Where Your Car is used for purposes related to Your
    to Your trade, business or profession, the following applies           trade, business or profession, the following applies:
Consumer Insurance Contract                                            Non-Consumer Insurance Contract
This Policy is issued in consideration of the payment of               This Policy is issued in consideration of the payment of
premium as specified in the Policy Schedule and pursuant to            premium as specified in the Policy Schedule and pursuant to
the answers given in Your Proposal Form (or when You                   the answers given in Your Proposal Form (or when You
applied for this insurance) and any other disclosures made by          applied for this insurance) and any other disclosures made by
You between the time of submission of Your Proposal Form               You between the time of submission of Your Proposal Form
(or when You applied for this insurance) and the time this             (or when You applied for this insurance) and the time this
contract is entered into. The answers and any other                    contract is entered into. The answers and any other
disclosures given by You shall form part of this contract of           disclosures given by You shall form part of this contract of
insurance between You and Us. However, in the event of any             insurance between You and Us. In the event of any pre-
pre-contractual misrepresentation made in relation to Your             contractual misrepresentation made in relation to Your
answers or in any disclosures given by You, only the remedies          answers or in any disclosures made by You, it may result in
in Schedule 9 of the Financial Services Act 2013 will apply.           avoidance of Your contract of insurance, refusal or reduction
This Policy reflects the terms and conditions of the contract of       of Your claim(s), change of terms or termination of Your
insurance as agreed between You and Us.                                contract of insurance.
                                                                       This Policy reflects the terms and conditions of the contract of
                                                                       insurance as agreed between You and Us.
                                                                   4
      a. Road;                                                           (v)    Damage to Tyre (s)
      b. rail;                                                                  Any damage to the tyre(s) of Your Car unless other parts
      c. inland waterway i.e. across a river or canal etc.;                     of Your Car are also damaged at the same time.
         or                                                              (vi) Convulsions of Nature
      d. across the sea by ferry or ship or any sea faring vessels              Any loss or damage to Your Car caused by flood,
         etc. between the island of Penang and the mainland                     typhoon, hurricane, storm, tempest, volcanic eruption,
         only.                                                                  earthquake, landslide, landslip, subsidence or sinking of
                                                                                the soil / earth or other convulsions of nature, where the
       For an additional premium, Your Policy can be
                                                                                claim amount exceeds RM10,000 or 20% of Sum
       extended to cover for ferry transit between Sabah and
                                                                                Insured, whichever is lower.
       Labuan (Endorsement 109: Extension of Cover for
       Ferry Transit to and / or from Sabah and the Federal                       For an additional premium, Your Policy can be
       Territory of Labuan).                                                      extended with a Top-Up Full Cover Convulsions of
                                                                                  Nature (Endorsement A009: Top Up for Full
(x)    loss or damage caused by any form of convulsions of
                                                                                  Convulsion of Nature Cover, Page 19.)
       nature as specified in Section A, 1(b) (vi), where claim
       amount is limited only to RM10,000 or 20% of policy Sum           (vii) Excess
       Insured, whichever is the lower.                                         The amount of Excess stated in the Schedule. This is
                                                                                the first amount that You have to bear in respect of each
                                                                                and every claim under the Policy. Excess is divided into
                                                                                Voluntary and Compulsory.
                                                                         (viii) Loss of Electronic Data
                                                                                Loss of electronic data and any consequences arising
                                                                                from it, directly or indirectly caused by or in connection
                                                                                with a computer virus. This includes loss of use, reduced
                                                                                functionality, or any other associated loss or expense in
                                                                                connection with the electronic data.
                                                                         (ix) Cheating or Criminal Breach of Trust
                                                                                Any loss or damage, including theft, caused by or
                                                                                attributed to the act of Cheating or Criminal Breach of
                                                                                Trust by any person.
2. Basis of Settlement
This section explains how We will settle Your claim once We accept that it is payable under Section A. If Your Car is damaged
as a result of any Incident, We have the option of doing the following:
a. If Your Car is Repairable
   If in Our opinion Your Car is economical to repair, We have the option to:
   • arrange for Your Car to be repaired at Our approved Repairer and pay the cost of repairing Your Car to the condition
      which is as near as possible to the condition it was in before the loss happened;
        For repairs We will provide a Repairs Warranty against defects on both new parts replaced and workmanship carried
        out by Our Panel of Repairers. This warranty is for a duration of 12 months which will commence immediately upon
        delivery of the repairs. This warranty will cease upon the expiry of the 12 months period or immediately within the 12
        months period if:
        1) any alteration is done on the said new parts without referring to Our Panel of Repairers; or
        2) the vehicle is sold; or
        3) the Policy has lapsed or not renewed with Us;
        whichever occurs first.
   • pay You in cash the amount We estimate it would cost to repair Your Car; or
   • reinstate or replace Your Car with one of the same make, model, age and general condition.
b. If Your Car is not Repairable
   If in Our opinion, the damage to Your Car is so great that it would not be safe or economical to repair, We will declare Your
   Car “Beyond Economic Repair” (“BER”) and We will pay You up to the maximum amount as stated in (d) below or offer You
   a settlement sum equivalent to the Market Value. We may also opt to replace Your Car with one of the same make, model,
   age and general condition. If We take any of these actions, this Policy shall be automatically terminated once We make
   payment.
        In cases where the valuation of the franchise-holder vary from Market Value by more than 10%, We would also have
        the option to offer a settlement value which is equal to the cost of purchasing a replacement car of the same make,
        model and age of the Car at the time of loss. It is Our option to offer You a replacement of the Car, should You not
        agree with the offer.
c. Replacement Parts
   If the spare parts or Accessories required to repair Your Car are not available in Malaysia, or if We choose to pay for the
   loss or damage in cash, We will settle Your claim on the following basis:
   • the last known parts price list issued in Malaysia by the manufacturer or their agent. If the price list in Malaysia does not
      exist, We will use the price at the manufacturer’s production plant and include reasonable cost of transportation to Malaysia
      (but not the cost of air freight); and
   • the reasonable labour cost of fitting such spare parts or Accessories in Malaysia.
d. The Maximum Amount We will Pay You
   If Your Car is BER or stolen and not recovered, the amount payable under the Policy will be the Market Value at the time
   of the loss or the Sum Insured as shown in the Schedule, whichever sum is the lesser. Upon Our payment of the said
   amount, this Policy shall be automatically terminated. The Market Value is to be determined according to clauses 14 and
   15 of Section F.
                                                                     5
e. Under-Insurance
   If the Sum Insured of Your Car is less than the Market Value at the time of the loss, You would have to bear part of the
   loss in proportion to the difference between the Market Value and the Sum Insured as shown in the formula below:
          Market Value - Sum Insured
                                                  x    Assessed Loss
                 Market Value
   However, this will only apply if the under-insured amount is more than 10% of the Market Value.
f.   Betterment
     If new original parts are used to repair Your Car and as a result of which Your Car is in a better condition than it was before
     the damage, You would be required to contribute to its betterment, a proportion of the costs of such new original parts. Your
     contribution would be according to the following scale:
         Age of Your Car (Years)          Rate of Betterment
                less than 5                        0
                      5                          15%
                      6                          20%
                      7                          25%
                      8                          30%
                      9                          35%
               10 and above                      40%
     To determine the rate of betterment to be applied, the age of Your Car will be calculated based on when it was originally
     registered in Malaysia:
       a.    as a locally assembled car                                       Date of Original Registration
       b.    as a new imported Completely Built Unit (CBU) car                Year of Manufacture
       c.    as an imported second-hand / used / reconditioned car            Year of Manufacture
g. Compulsory Excess
   In addition to the Voluntary Excess shown in the Schedule, We have the right to deduct another RM400 as Compulsory
   Excess if at the time of the Incident, You or the person driving Your Car with Your consent:
   • is under 21 years old;
   • holds a Provisional (P) or Learner (L) driver’s licence.
   We will not deduct this additional RM400 Compulsory Excess if the loss or damage is caused solely by fire, explosion,
   lightning, burglary, housebreaking, theft, or where this relates to third party property damage and bodily injury claims.
   (please see page 5 for explanation)
3. Towing Costs
If Your Car cannot be driven as a result of any damage to it that is covered by this Policy or in the event of a breakdown as
provided in Your Rakan Auto programme, We will pay up to a maximum of RM300 for the necessary and reasonable costs to
remove Your Car to the nearest approved Repairer or to a safe place of storage while awaiting repair or disposal. Cost of parts,
toll charges and levy fee charged by Customs for cross border towing are excluded.
                                                                  6
                                                                          You or Your Authorised Driver and / or his / her
                                                                          employer;
                                                                        In pursuance of the contract of employment – The
                                                                        passenger is required to be carried to a destination in
                                                                        order to carry out the job as spelt out in his/her contract of
                                                                        employment.
                                                              7
                                                 Section C: No Claim Discount
This section spells out the reward system known as the “No Claim Discount”.
1. No Claim Discount (NCD) Entitlement
    If You have insured Your Car for a continuous period of 12 months and You or anyone else did not make any claim under
    this Policy during that time, a NCD will be applied at each renewal. The applicable NCD will increase with each renewal if
    You continue to have claim free years as follows:
         Claim Free Year of Insurance                        NCD Entitlement
        After 1 continuous claim free year                           25%
        After 2 continuous claim free years                          30%
        After 3 continuous claim free years                        38 1/3%
        After 4 continuous claim free years                          45%
        After 5 continuous claim free years and beyond               55%
2. One Claim and Your NCD is Down to Zero
   If You or anybody else meet with an Incident which will give rise to a claim on this Policy, the NCD entitlement that You
   have accumulated would drop to zero at the next renewal and Your NCD will start all over again. If a claim is received
   after the NCD has been applied, We shall be entitled to recover the NCD given from You.
3. Exception to this Rule
   Your NCD will not be affected even if a claim is made if:
   • We are of the opinion that You are not at fault for causing the loss or this policy has specifically provided for NCD to be
     unaffected in certain loss incident
   • the offending vehicle is identifiable and is not a vehicle used for carriage of passengers for hire or reward (for example
     taxis, hire cars, public buses, stage buses, school buses and factory buses for hire);
   • the offending vehicle is insured by a Malaysian licensed insurer; and
   • there is no death or personal injury claim involved.
4. Your NCD is not Transferable
   The NCD is personal to You which mean that if You were to sell Your Car and We agree to transfer this Policy to the
   new owner, Your NCD cannot be transferred for the benefit of the new owner.
5. Non-utilisation of NCD
   For every year that the NCD is not utilised by You, the NCD accumulated and applicable for this Policy will be reversed in
   accordance with the scale set out in the table in clause C1 above.
                                Section D: General Exceptions - these apply to the whole Policy
This section lists down circumstances under which this Policy does not provide cover at the time of happening of the Incident.
This is in addition to those already listed in Sections A1(b) (see pages 4 and 5) and B1(b) (see pages 6 and 7).
1. Unlicensed Drivers
    There is no cover under this Policy if You or Your Authorised Driver do not have a valid driving licence to drive Your Car.
    This will not apply if You or Your Authorised Driver has an expired licence but are not disqualified from holding or obtaining
    such driving licence under any existing laws, by-laws and regulations.
2. Alcohol, Drugs and Other Intoxicating Substances
   There is no cover under this Policy if You or Your Authorised Driver is under the influence of alcohol or intoxicating liquor,
   narcotics, dangerous drugs or any other deleterious drugs or intoxicating substance to such an extent that You or Your
   Authorised Driver are incapable of having proper control of Your Car.
    You or Your Authorised Driver shall be deemed as incapable of having proper control of Your Car if after a toxicology
    or equivalent test, it is shown that the alcohol level in the breath, blood or urine of You or Your Authorised Driver is higher
    than the prescribed limit pursuant to Section 45G(1) of the Road Transport Act 1987 of 80mg of alcohol in 100ml of blood
    (or equivalent in respect of breath or urine) or other equivalent legislation that is in force at the material time.
3. Fraud and Exaggerated Claims
   If any claim is in any part fraudulent or exaggerated, or if You or anyone acting on Your behalf, uses fraudulent means to
   get any benefit under this Policy, the entire claim will not be paid or payable. If We are required to make payment of any
   such claim to a third party, We shall be entitled to recover the sum paid and any costs incurred from You.
4. Unlawful Purpose
   There is no cover under this Policy if You or Your Authorised Driver use Your Car for an unlawful purpose or to attempt an
   unlawful purpose i.e. in violation of the criminal law or a recognised law of the country where Your Car was being used.
5. Use for Racing, etc.
   There is no cover under this Policy if You use or You allow Your Authorised Driver to use Your Car:
   a. to practise for or to take part in any motor sport, competition (other than treasure hunt), rally, pacemaking, reliability trial
       or speed test; or
   b. on any racetrack.
    For an additional premium, Your Policy can be extended to cover the use of Your Car for reliability trial or competition
    if You purchase the prescribed extension cover {Endorsement 24(c): Reliability Trials, Competitions etc., Page 14}.
6. Use Outside Malaysia
   Unless We provide otherwise, this insurance does not cover You in respect of claims arising whilst Your Car was being
   used or driven outside Malaysia, the Republic of Singapore and Negara Brunei Darussalam. In Malaysia, Our liability under
   this Policy is governed by the Road Transport Act 1987 and the terms and conditions of this Policy, and Our liability outside
   Malaysia is governed by the terms and conditions of this Policy only.
                                                                 8
     For an additional premium, Your Policy can be extended to cover the use of Your Car in Thailand or Kalimantan only if
     You purchase the prescribed extension cover (Endorsement 101: Extension of Cover to the Kingdom of Thailand
     and Endorsement 102: Extension of Cover to West Kalimantan).
7. Failure to take Precaution
   We will not pay for any additional damages if after an Incident or breakdown You:
   a. left Your Car unattended or failed to take proper precaution to prevent further loss or damage; or
   b. continue to drive Your Car in an unroadworthy condition before any repair is done.
   We will also not pay for claims that arise if, when using Your Car, You do not take reasonable precaution to keep Your Car
   secured. This includes but is not limited to leaving Your Car unattended while unlocked or with ignition key left in or on Your
   Car.
8. War Risk
   There is no cover under this Policy for any loss or liability (including any cost of defending any action) connected in any
   way directly or indirectly to:
   a. war, invasion, acts of foreign enemies, hostilities or warlike operation (whether war is declared or not), civil war, Act of
      Terrorism, mutiny, rebellion or revolution; or
   b. strike, riots or civil commotion assuming the proportion of or amounting to an uprising, insurrection or military or usurped
      power.
    For an additional premium, Your Policy can be extended to cover strikes, riots and civil commotion
    (Endorsement 25: Strike, Riot and Civil Commotion, Page 14).
9. Nuclear Risk
   There is no cover under this Policy for any accident, loss or damage to any property or any loss or liability arising therefrom
   (including consequential losses and costs of defending any actions) connected in any way with operations using the nuclear
   fission or fusion process, or handling of radioactive material. This includes, but is not limited to:
    a. the use of nuclear reactors such as atomic piles, particle accelerators or generators and similar devices;
    b. the use, handling or transportation of radioactive material in relation to any Act of Terrorism;
    c. the use, handling or transportation of any weapon or explosive device employing nuclear fission or fusion; or
    d. the use, handling or transportation of radioactive material.
10. Contractual Liability
    We will not pay for any liability that arises by virtue of an agreement but for which We would not have been liable in the
    absence of such agreement.
11. Unauthorised Driver
    We will not pay for any Incident, loss, damage or liability caused, sustained or incurred whilst Your Car, in respect of which
    indemnity is provided by this Policy, is being driven by any person other than an Authorised Driver or person driving on
    Your order or with Your permission.
                                  Section E: Conditions - These apply to the whole Policy
This section spells out the terms and conditions that You must observe to ensure this insurance remains effective. Basically
these conditions are of three types:
 • What You must do
 • What You must not do
 • What We can do
Conditions Precedent to Policy Liability
The following conditions are conditions precedent to Our liability to indemnify You under this Policy and have to be observed
by You strictly. We can repudiate this Policy and / or will not pay claims under the Policy if You breach any of the relevant
conditions. These conditions also apply to Your Authorised Driver and any legal representative who seek indemnity under this
Policy.
1. Duty of Disclosure
   The duty of disclosure is different for a Consumer Insurance Contract and for a Non-Consumer Insurance Contract. They
   are separately outlined below:
    A. Consumer Insurance Contract
       Where You have applied for this insurance wholly for purposes unrelated to Your trade, business or profession, You
       had a duty to take reasonable care not to make a misrepresentation in answering the questions in the Proposal Form
       (or when You applied for this insurance) i.e. You should have answered the questions fully and accurately. Failure to
       have taken reasonable care in answering the questions may result in avoidance of Your contract of insurance, refusal
       or reduction of Your claim(s), change of terms or termination of Your contract of insurance in accordance with Schedule
       9 of the Financial Services Act 2013. You were also required to disclose any other matter that You knew to be relevant
       to Our decision in accepting the risks and determining the rates and terms to be applied.
       You also have a duty to tell Us immediately if at any time after Your contract of insurance has been entered into, varied
       or renewed with Us, any of the information given in the Proposal Form (or when You applied for this insurance) is
       inaccurate or has changed.
    B. Non-Consumer Insurance Contract
       Where You have applied for this insurance for purposes related to Your trade, business or profession, You had a duty
       to disclose any matter that You know to be relevant to Our decision in accepting the risks and determining the rates and
       terms to be applied, and any matter a reasonable person in the circumstances could be expected to know to be relevant,
       otherwise it may result in avoidance of Your contract of insurance, refusal or reduction of Your claim(s), change of terms
       or termination of Your contract of insurance.
                                                               9
       You also have a duty to tell Us immediately if at any time after Your contract of insurance has been entered into, varied
       or renewed with Us, any of the information given in the Proposal Form (or when You applied for this insurance) is
       inaccurate or has changed.
2. Accidents and Claims Procedures
   If Your Car is involved in any Incident that could lead to a claim under this Policy, You must do the following:
   a. Notify Our claims department of the Incident and get a Claim Form. You must notify Us of the Incident as soon as
        possible but in any event:
        • Within seven (7) days if You are not physically disabled or hospitalised following the Incident; or
        • Within thirty (30) days or as soon as practicable if You are physically disabled and hospitalised as a result of the
          Incident.
        We may allow a longer notification period if You can provide specific proof and justification for the delay.
   b. Report the Incident to the police as required by law and do all that is required to assist the police authorities to secure
        a conviction against the offender.
   c. Complete the Claim Form in full and return it to Us within twenty-one (21) days from the date of Your notification as per
        (a) above. You are required to answer all the questions in detail in all applicable sections and provide Us with all the
        necessary documents to support Your claim. We will not be held responsible if there is any delay on Your part to submit
        the Claim Form duly completed together with all the necessary documents.
        A longer claims submission period may be allowed by Us subject to specific proof and justification by You for the delay.
   d. If there are any claims made against You by a third party, You must immediately notify Us of the same and You must
        send to Us any notification of claim, notice of impending prosecution or inquest, summons, writ or any letters from the
        solicitors of the third party as soon as You receive such documents, but in any event within fourteen (14) days from the
        date of receipt of any of the documents.
   e. Send Your Car to any of Our approved Repairer so that We can inspect Your Car before We give approval to proceed
        with repairs or take reasonable action to safeguard Your Car from further loss or damage. We can refuse to pay any
        claim under Section A of this Policy if You breach this condition.
   f. You must obtain Our consent in writing before You repair Your Car or incur any expenses in connection with a claim
        under this Policy.
          You must not do any of the following:
        • Admit any responsibility for any Incident; or
        • Negotiate or settle any claims made against You by a third party, unless We write and inform You that You can.
   We will decide whether to negotiate, defend or settle, in Your name, Your Authorised Driver’s name and / or on Your
   behalf, any claims made against You or Your Authorised Driver by a third party. If in Our assessment the third party claim
   made against You or Your Authorised Driver for property damage will exceed the limit of liability of RM3 million, We will
   pay the full amount of Our liability to You or the third party and hand over the further conduct of any defence, settlement or
   proceeding to You completely. After doing so We will not be liable under this Policy to make any more payments to You or
   any claimant or any other person arising from the same Incident.
      The conditions above also apply to anyone else who wishes to claim under the terms and conditions of this Policy.
      “Anyone else” may refer to personal representative or administrator / estate of the policyholder.
3. Cancellation
   Either You or We may cancel this Policy at any time during the Period of Insurance.
   a. Cancellation by You:
       • You can cancel this Policy at any time by returning the Certificate of Insurance (CI) to Us or, if the CI has been lost or
         destroyed, You must provide Us with a duly certified Statutory Declaration (SD) to confirm this.
       • After returning the CI or SD You will be entitled to a refund of premium if no claim was incurred prior to cancellation.
         Your refund will be the difference between the total premium and Our customary short-period rates calculated for the
         time We were on risk until the date We received the CI or SD:
           Period of Insurance               Refund of Premium
           Not exceeding 1 week              87.5% of the total premium
           Not exceeding 1 month             75.0% of the total premium
           Not exceeding 2 months            62.5% of the total premium
           Not exceeding 3 months            50.0% of the total premium
           Not exceeding 4 months            37.5% of the total premium
           Not exceeding 6 months            25.0% of the total premium
           Not exceeding 8 months            12.5% of the total premium
           Exceeding 8 months                No refund of premium allowed
       • The Policy will automatically lapse once You sell or dispose off Your Car because Your insurable interest in the Car
         will cease. If You want to transfer the Policy to the new buyer, You have to get Our prior consent.
    b. Cancellation by Us:
       • We may also cancel this Policy by giving You fourteen (14) days’ notice in writing by registered post to Your last
         address known to Us.
       • After returning the CI or SD You will be entitled to a refund premium for the unexpired period calculated on a pro-rata
         basis from the date We receive the CI or SD from You to the expiry date of the Policy.
    There will not be any refund of premium for any cancellation of Policy (either by You or by Us) if You have paid the Minimum
    Premium only or if a claim has been made on this Policy.
4. If there is More Than One Insurance Covering the Same Car
   a. You must inform Us in writing if You have taken out any other insurance in respect of Your Car during the Period of
        Insurance.
                                                               10
    b. If a claim arises under this Policy and such a loss is also claimable under the other insurance policy (ies) taken by You,
       We will only contribute Our rateable proportion of the whole loss. We will not be liable to pay the claim first and then seek
       recovery from the other co-insurers who is / are also liable for the loss.
5. Subrogation
   We are entitled to take over all rights and remedies that You may have against any third party who caused the loss. We
   shall have the absolute discretion in the conduct of any proceedings, at Our own costs, against the third party and in the
   settlement of any such claim and You shall give Us such information and assistance as We may require from time to time
   including assigning all rights to take action in Your name. You must however give Us Your full cooperation to protect these
   rights and provide all assistance and take such steps as We require.
6. Dispute Resolution
   If there are differences or disputes on any matters relating to this Policy involving amounts exceeding RM250,000, an
   Arbitrator shall be jointly appointed by You and Us in writing to resolve the differences or disputes. If no agreement is
   reached on who is to be the Arbitrator within one month of being required to do so then You and We shall be entitled to
   appoint an Arbitrator each. Both Arbitrators shall then proceed to hear the difference or dispute together with an Umpire to
   be jointly appointed by them. If the Arbitrators cannot agree on an Umpire within thirty (30) days, then the Kuala Lumpur
   Regional Centre for Arbitration shall appoint an Umpire.
   If the disputed sum is less than RM250,000, You may refer the matter to the Ombudsman for Financial Services to resolve
   the dispute.
7. Other Matters
   We will only be liable to indemnify You under this Policy if You:
   a. Comply with all the terms and conditions of this Policy. These conditions are also applicable to Your Authorised Driver
      and any legal representative who seek protection under this Policy;
   b. Maintain Your Car in a reasonably efficient and roadworthy condition. You must get Our consent if You make any
      modification that will enhance or in any way affect the performance of Your Car;
   c. Take reasonable care to avoid any situation that could result in a claim. This Policy will not cover You if You or Your
      Authorised Driver are reckless i.e. where You recognise a serious risk but deliberately do not take steps to prevent it.
      This includes but is not limited to leaving Your Car unattended while unlocked or with ignition keys left in or on Your
      Car; and
   d. Make Your Car available to Us for inspection at all reasonable times upon request.
8. Prevalent Policy Wording
   For avoidance of doubt, the English version of this Policy wording will prevail over the Bahasa Malaysia version at all times.
                                   Section F: Definitions of words highlighted in the Policy
This section explains what We mean by the words printed in bold in this Policy.
In this Policy, Schedule and Certificate of Insurance, unless the context otherwise requires, the following words shall have
the meanings as defined below.
1. Accessories
     This refers to the standard factory-fitted tools of the Car including air-conditioners and spare tyres and may include radio /
     cassette player / compact disc player and the like if specified in the Schedule.
2. Act of Terrorism
   This refers to an act by any person(s) or group that uses force or violence and / or the threat of force or violence, whether
   they are acting alone or on behalf of or in connection with any organisation(s) or government(s) and done for political,
   religious, ideological, ethnic or similar purposes or reasons, including the intention to influence any government and / or to
   put the public, or any section of the public, in fear.
3. Adjuster
   This refers to a person or entity registered under the Financial Services Act 2013 who is appointed by Us to investigate the
   cause and circumstances of a loss and to determine the amount of loss.
4. Authorised Driver
   This refers to any person who drives Your Car with Your consent or permission provided he or she holds a valid driving
   licence of the relevant type and is not disqualified to drive by law or for any other reason.
5. Car
   This refers to the motor vehicle described in the Schedule and includes the manufacturer’s standard options and
   Accessories fitted to it and any other non-standard options or descriptions that are specifically listed in the Schedule.
6. Certificate of Insurance (CI)
   This certificate is a prescribed form that We are required to issue to You under the Road Transport Act 1987 and it outlines
   the particulars of any conditions subject to which the Policy is issued.
7. Cheating
   This follows the meaning as defined under Section 415 of the Penal Code which is as follows:
   Whoever by deceiving any person, whether or not such deception was the sole or main inducement:
   a. fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any
      person shall retain any property; or
   b. intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were
      not so deceived and which act or omission causes or is likely to cause damage or harm to any person in body, mind,
      reputation, or property, is said to “cheat”.
                                                                11
8. Criminal Breach of Trust
   This follows the meaning as defined under Section 405 of the Penal Code which is as follows:
   Whoever, being in any manner entrusted with property, or with any dominion over property either solely or jointly with any
   other person, dishonestly misappropriates, or converts to his own use, that property, or dishonestly uses or disposes of that
   property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal
   contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person
   so to do, commits “criminal breach of trust”.
9. Endorsement
   This refers to the document that We issue to You to confirm any changes or extensions of the coverage to the basic Policy.
10. Excess
    This refers to the amount that must be borne by You first for each claim. The amount of the excess is shown in the Schedule.
    You have to pay the excess irrespective of who is at fault in the Incident. There are two types of Excess mentioned in this
    policy – Voluntary Excess and Compulsory Excess.
    Voluntary Excess, if any is imposed as part of the premium calculation in Your policy and Compulsory Excess is imposed
    at time of a claim where the driver is under 21 years old and or holds a Provisional (P) or Learner (L) driver’s licence.
11. Household
    This refers to all members of Your or Your Authorised Driver’s immediate family i.e. spouse, children including legally
    adopted children, parents, brother(s) and sister(s) staying under one roof with You in the case of Your immediate family, or
    with Your Authorised Driver, in the case of his immediate family.
12. Incident
    Any event which could lead to a claim under this Policy.
13. Limitations as to Use
    According to Your Certificate of Insurance (CI), Your Car can only be used for “Social, domestic and pleasure purposes
    and for the policyholder's business”. This CI is further extended to include Your authorised driver’s business. The CI also
    states that “The Policy does not cover use for hire or reward, racing, pacemaking, reliability, trial speed-testing, the carriage
    of goods other than samples in connection with any trade or business”. However Your policy shall be extended to insure
    whilst Your Vehicle is in the custody or control of a member of the Motor Trade for the purpose of overhaul, upkeep or
    repair of Your Vehicle.
14. Market Value
    This refers to the reasonable cost to buy another car of the same make, model, age and general condition similar to Your
    Car at the time of loss. The Market Value of Your Car at the time of loss would be determined according to the terms of the
    option that You had chosen at the time You purchased this Policy. If You had opted for a Market Valuation System to
    determine Your Sum Insured then the Market Value would be based on that valuation system as described in clause 15
    below. However, if You had not opted for a Market Valuation System then the Market Value of Your Car in the event of
    dispute would be determined by the Head Office of the Car franchise-holder and this value should be equal to the cost of
    purchasing a replacement car of the same make, model and age of Your Car at the time of loss. If this valuation is not
    available or appears in Our opinion to be unduly low or high then valuation will be determined by an Adjuster registered
    under the Financial Services Act 2013, agreed by both You and Us.
15. Market Valuation System
    This refers to the motor vehicle Market Valuation System approved by Persatuan Insurans Am Malaysia (PIAM) to
    determine the Market Value of Your Car at the time You purchased / renewed this Policy as well as at the time of the loss.
    You can opt to use the valuation recommended by this system as the Sum Insured to avoid the consequences of under-
    insurance as described in Section A2e. Alternatively, You may choose to determine the Sum Insured Yourself but You
    would be subject to Section A2e if You are under-insured.
16. Minimum Premium
    The minimal premium described in the Schedule.
17. Ombudsman for Financial Services (OFS)
    This is an independent body that provides a free and efficient avenue to help settle financial disputes between You and Us
    under this Policy as an alternative to the courts.
18. Period of Insurance
    The period shown in the Schedule when the cover provided by this Policy is operative. Cover is only valid from the actual
    time of purchase of the insurance Policy or from when You and We agree that cover should commence.
19. Policy
    Policy includes the Schedule, the Certificate of Insurance and all Endorsements specifically listed in the Schedule.
20. Rakan Auto
    This is a 24-hour emergency roadside assistance programme. You are required to contact Our Rakan Auto 24-hour Call
    Centre at 1800 18 8033 for any emergency roadside assistance. This programme provides for emergency towing services
    following an accident, emergency breakdown and minor roadside repair services (up to a limit of RM300 per incident). Other
    services within the programme also include assistance with car rental, arrangement for hotel accommodation, providing
    referral to doctor and hospital or for legal assistance.
21. Repairer
    This refers to motor repair workshops approved by Us under our approved panel of workshops or any repairer that We have
    given You a special permission to use, for a claim.
                                                                12
22. Road
    Section 2 of the Road Transport Act 1987 defines “Road” as “any public road and any other road to which the public has
    access and includes bridges, tunnels, lay-bys, ferry facilities, interchanges, roundabouts, traffic islands, road dividers, all
    traffic lanes, side-tables, median strips, overpasses, underpasses, approaches, entrance and exit ramps, toll plazas, service
    areas, and other structures and fixtures to fully effect its use”.
23. Schedule
    This document shows Your name and address, the Period of Insurance, the sections of this Policy which apply, the premium
    You have paid, the Car which is insured, the Sum Insured and details of any extensions or Endorsements.
24. Sum Insured
    This is the maximum that We will pay You for a claim under Section A. This amount is shown in the Schedule. The Sum
    Insured must be sufficient to cover the cost to replace Your Car in the event of an Incident that completely destroys it.
25. We, Our, Us
    This refers to the licensed Insurance Company that is issuing You this Policy.
26. You, Your, Yourself
    This refers to the policyholder or person described in the Schedule as “the Insured”.
            Section G: Endorsements - applicable only if the Endorsement number is printed in the Schedule
The following is a list of additional terms and conditions (known as Endorsements) that We may impose on You or optional
covers available that You may want to add to Your basic Policy by paying additional premium. Note that only Endorsements
with their numbers specifically printed in the Schedule shall apply to this Policy.
Endorsement 1: Voluntary Excess All Claims
(Please see page 5 for explanation and page 12 for definition)
The Excess amount shown in the Schedule is the amount that You have to pay for each and every claim under Section A
arising out of one Incident. This means that We have the right to deduct the Excess from the amount that We would otherwise
have to pay. If We are not able to deduct the Excess, We have the right to demand that You pay Us the Excess first, before
We make any payment.
We will not deduct this Excess for loss or damage in respect of third party claims.
Endorsement 2: Voluntary Excess Damage Claim
(Please see page 5 for explanation and page 12 for definition)
The Excess amount shown in the Schedule is the amount that You have to pay for each and every claim under Section A
arising out of one Incident. This means that We have the right to deduct the Excess from the amount that We would otherwise
have to pay. If We cannot deduct the Excess, We have the right to demand that You pay Us the Excess first, before We make
any payment.
We will not deduct this Excess if the loss or damage is caused by fire, explosion, lightning, burglary, housebreaking, theft, third
party property damage or bodily injury claims.
Endorsement 14 :Transfer of Interest
In consideration of the additional premium that You paid Us for this endorsement, We agree to transfer the interest in this Policy
on [state date] to [state name of transferee and NRIC No. / Business Registration No.] of [state address] carrying on or engaging
in the business or profession of whose proposal and declaration dated [state date] shall be the basis of this contract.
Subject otherwise to the terms and conditions of this Policy.
Endorsement 15 :Hire Purchase
We note that Your Car is under a Hire Purchase agreement with the Hire Purchase company named in the Schedule as the
Owners. You unconditionally agree that the payment of any claim under Section A by Us by way of a cash payment shall be
made to the Owners as long as they remain as the Owner of Your Car at the time of the Incident. The receipt from the Owners
will fully discharge Us from any further claims or liability in respect of such loss or damage. For all other purposes You are the
principal party under this Policy and not an agent or trustee for the Owners and that You have not assigned Your rights, benefits
and claims under this Policy to the Owners. You cannot assign Your rights, benefits and claims under this Policy to anybody
without Our written consent.
Endorsement 15(a) : Employer’s Loan
We note that Your Car was bought under an Employer’s Loan agreement. You unconditionally agree that the payment of any
claim under Section A by Us by way of a cash payment shall be made to the Employer named in the Schedule as long as the
loan remains outstanding at the time of the Incident giving rise to a claim. The receipt from the Employer will fully discharge Us
from any further claims or liability in respect of the Incident.
Other than the above, Our / Your rights and liabilities under this Policy are not affected.
Endorsement 22: Caravan / Luggage / Boat Trailers
In consideration of the additional premium that You paid Us for this endorsement, We agree to cover Caravan or Luggage or
Boat Trailer that is specified in the Schedule under the heading ‘Endorsement 22’ while it is being used together with Your
Car.
This endorsement does not cover:
 a. legal liability for death or bodily injury to any passenger in the specified Caravan / Luggage / Boat Trailer unless such
     person is being carried by reason of or in pursuance of a contract of employment;
 b. loss or damage to the contents of or anything being carried in the specified Caravan / Luggage / Boat Trailer; and
 c. loss or damage to the Boat being carried by the specified Trailer.
The maximum amount that We will pay for loss or damage to the specified Caravan / Luggage / Boat Trailer under Section A for
this endorsement is the amount mentioned in the Schedule under the heading ‘Endorsement 22’.
                                                               13
Endorsement 24(c): Reliability Trials, Competitions etc.
In consideration of the additional premium that You paid Us for this endorsement, We agree that the insurance provided under
this Policy shall cover Your Car while it is being used for [state either reliability trials, competition] to be held at [state place /
location] on [state date] organized by [state name of organizer] including officially conducted practice for the event.
Endorsement 25: Strike, Riot and Civil Commotion
In consideration of the additional premium that You paid Us for this endorsement, We agree that the insurance provided under
Section A of this Policy shall cover loss or damage to Your Car caused by:
 a. the wilful act of any striker or locked out worker to further a strike or to resist a lock out;
 b. the act of any person taking part together with others in disturbance of the public peace (whether in connection with a strike
     or lockout or not); and
 c. the action of any lawfully constituted authority in preventing, suppressing or attempting to prevent or suppress any of these
     acts or in minimising the consequences of them.
This endorsement does not cover:
 a. civil war, war, invasion or acts of foreign enemy hostilities or warlike operations (whether war is declared or not);
 b. revolution, rebellion or civil disturbance amounting to a popular uprising; and
 c. Act of Terrorism.
It also does not cover any loss, damage or liability directly or indirectly, proximately or remotely caused by or contributed to or
traceable to or arising out of or in connection with the above stated exceptions.
Endorsement 72: Legal Liability of Passengers for Negligent Acts
In consideration of the additional premium that You paid Us for this endorsement, We agree that the insurance provided under
Section B of this Policy will include legal liability incurred by any passenger in Your Car on condition that the passenger:
 a. is not driving Your Car;
 b. is not entitled to indemnity under any other policy of insurance; and
 c. complies with all the terms and conditions of this Policy as though he was You.
This endorsement does not cover:
 a. death or bodily injury to any person who is employed by You or the passenger, and who dies or is injured in the course of
    such employment;
 b. damage to any property that belongs to or is held in trust or in the custody or control of You or the passenger or which is
    being carried in Your Car; and / or
 c. death or bodily injury to the driver or any other passenger travelling in Your Car at the same time.
Endorsement 87: Agreed Value Clause
The Agreed Value shown in the Schedule is the maximum amount that We will pay for Your Car, less any Excess (if applicable)
if Your Car is stolen or totally destroyed.
We and You have agreed at the commencement of this Policy to use this value as the basis of settlement provided We are
liable to pay for such loss or destruction under the terms and conditions of this Policy. The Market Value of Your Car at the
time of the loss will not be taken into account.
Endorsement 89: Cover for Windscreens, Windows and Sunroof
In consideration of the additional premium that You paid Us for this endorsement, We agree that the insurance provided under
Section A of this Policy will cover the cost to replace or repair any glass in the windscreen, window or sunroof of Your Car that
is accidentally damaged including the cost of lamination / tinting film (if any) provided no other claim is submitted for this Incident.
The maximum amount that We will pay under this endorsement is the amount mentioned in the Schedule under the heading
‘Endorsement 89’.
If Your claim is for the damaged glass only and no other damage, We will not deduct any Excess, and You will not lose Your
No Claim Discount entitlement.
If the damaged glass is replaced, the cover provided by this endorsement comes to an end as soon as the glass is replaced. If
You wish to enjoy continued coverage You must buy a new endorsement cover and pay the additional premium to Us.
Alternatively if the damaged glass is repaired this cover will continue but the limit of the amount payable will be reduced by the
amount of the repair cost. To restore the cover to the original limit You must pay the additional premium to Us for the increased
cover.
We have the final say on whether to repair or to replace the damaged glass.
Endorsement 95: Leasing Agreement
We note that Your Car is under a Leasing Agreement with the Leasing company named in the Schedule as the Lessors. You
unconditionally agree that the payment of any claim under Section A by Us by way of a cash payment shall be made to the
Lessors as long as the Leasing Agreement remains valid at the time of the Incident. The receipt from the Lessors will fully
discharge Us from any further claims or liability in respect of such loss or damage. For all other purposes, You are the principal
party under this Policy and not as an agent or trustee for the Lessors and You have not assigned Your rights, benefits and
claims under this Policy to the Lessors. You cannot assign Your rights, benefits and claims under this Policy without Our
written consent.
Endorsement 97: Separate Cover for Accessories fixed to Your Car
In consideration of the additional premium that You paid Us for this endorsement, We agree that the insurance provided under
Section A of this Policy shall cover the non-standard Accessories specified in the Schedule. The maximum amount that We
will pay under this endorsement is the amount mentioned in the said Schedule under the heading ‘Endorsement 97’.
If Your claim is for the Accessories only and no other damages, We will not deduct any Excess and You will not lose Your No
Claim Discount entitlement.
This cover is terminated on the date Your claim is settled under this endorsement. To restore this cover You must pay the
additional premium to Us for the renewed cover.
                                                                  14
Endorsement 97(a): Gas Conversion Kit and Tank
In consideration of the additional premium that You paid Us for this endorsement, We agree that the insurance provided under
Section A of this Policy shall cover loss or damage to the Gas Conversion Kit and Tank of Your Car as a separate item provided
it is installed by a qualified installer. The maximum amount that We will pay under this endorsement is the amount mentioned in
the Schedule under the heading ‘Endorsement 97(a)’.
If Your claim is for the Gas Conversion Kit and Tank only and no other damage, We will not deduct any Excess and You will
not lose Your No Claim Discount entitlement.
This cover is terminated on the date Your claim is settled under this endorsement. To restore this cover You must pay the
additional premium to Us for the renewed cover.
Endorsement 100: Legal Liability to Passengers
In consideration of the additional premium that You paid Us for this endorsement, We shall pay towards You or Your Authorised
Driver’s liability to any person being carried in or upon or entering or getting into or onto or alighting from Your Car except for:
a. death or bodily injury to any passenger being carried for hire or reward;
b. death or bodily injury to any person where such death or injury arises out of and in the course of the employment of such
    person by You or by Your Authorised Driver;
c. damage to property belonging to or in the custody of or control of or held in trust by You or Your Authorised Driver and /
    or any member of Your or Your Authorised Driver’s Household;
d. liability to any person who is a member of Your and / or Your Authorised Driver’s Household who is a passenger in Your
    Car unless he / she is required to be carried in or on Your Car by reason of or in pursuance of his / her contract of
    employment with You or Your Authorised Driver and / or his / her employer;
e. liability caused by a passenger travelling in or alighting from Your Car;
f. any claims brought against You by any driver of Your Car, whether authorised or not;
g. any claims brought against any person in any country in courts outside Malaysia, the Republic of Singapore or Negara
    Brunei Darussalam; and / or
h. all legal costs and expenses which are not incurred in or recoverable in Malaysia, the Republic of Singapore and Negara
    Brunei Darussalam.
Condition of Cover
If at the time of Incident giving rise to a claim under this endorsement, Your Car is carrying passengers in excess of the stated
maximum number permitted by law, Our liability shall be limited to the number of passengers specified for the vehicle as
registered at the Road Transport Department.
If the number of passengers carried at the time of the happening of an Incident is more than the maximum number permitted in
the vehicle by law, We will not pay their claim in full. Any payment We make to any claimant under this endorsement will be
rateably reduced in the proportion of the legally permitted maximum number of lawful passengers over the actual number of
passengers carried, at the time of the Incident. The difference between the sum paid by Us and the claim to be paid to each
passenger claimant shall be borne by You or Your Authorised Driver. The proportion We pay shall be calculated in accordance
with the following formula:
              Number of passengers permitted by law
                                                                    X     Total Claim Awarded
    Actual number of passengers carried at time of Incident
Endorsement 101: Extension of Cover to the Kingdom of Thailand
In consideration of the additional premium that You paid Us for this endorsement, We agree that the insurance provided under
Section A and Section B1a(ii) of this Policy shall cover Your Car while it is being used in the Kingdom of Thailand from the time
of purchase on [state date] to midnight (Malaysian Standard Time) on [state date]. The limit of liability that We provide under
Section B1a(ii) will be up to a maximum of RM100,000 only.
This endorsement does not cover legal liability under Section B1a(i) while Your Car is being used in the Kingdom of Thailand.
Endorsement 102: Extension of Cover to West Kalimantan
In consideration of the payment of additional premium by You to Us, the geographical area of this Policy is extended to include
West Kalimantan with effect from ______ a.m. / p.m. on [state date] to midnight (Malaysian Standard Time) on [state date]
subject to the limit of liability of RM50,000 under Section B1a(i) and B1b(ii).
Subject otherwise to the terms and conditions of this Policy.
Endorsement 105: Limits of Liability for Third Party Property Damage (TPPD)
In consideration of the additional premium that You paid Us for this endorsement, We agree to increase the limit of liability
provided under Section B2(ii) of this Policy to RM [state new limit] with effect from [state date].
Limits of liability in excess of RM3 million up to RM20 million is allowed subject to additional premium stated as below:
                                                                15
Endorsement 111: Current Year “NCD” Relief (only applicable to Comprehensive Private Car Policy)
In consideration of the additional premium that You paid Us for this endorsement, We agree to compensate you the No Claim
Discount that You may forfeit due to a claim being made under this Policy. The amount is equal to Your No Claim Discount
entitlement shown in the Schedule of this Policy for the current Period of Insurance.
The cover provided under this endorsement is terminated automatically when:
a. We make a payment for a claim under this endorsement;
b. the ownership of this Policy is transferred to another party; or
c. You withdraw Your No Claim Discount entitlement from this Policy.
We will not refund any portion of the additional premium that You paid to Us if the cover under this endorsement is terminated
as mentioned above or if You cancel this endorsement at any time.
Endorsement 112: Compensation for Assessed Repair Time (CART)
In consideration of the additional premium that You paid Us for this endorsement, We will pay compensation for the number of
days assessed by Us as required to repair Your Car under Section A of this Policy (‘the assessed repair time’). We agree that
payment will be based on the assessed repair time by the Adjuster or the maximum amount provided in the Schedule whichever
is the lesser.
The maximum rate per day and the maximum number of days that We will pay under this endorsement is limited to the amounts
mentioned in the Schedule under the heading ‘Endorsement 112’.
For any claim that We agree to pay under this endorsement We will not deduct any Excess and You will not lose Your No Claim
Discount entitlement.
We will not pay:
a. if Your claim is only for breakage of glass that is payable under Endorsement 89;
b. for any delay in the time taken to repair Your Car (beyond the assessed repair time) due to any reason at all. The final
     decision on the time required to repair Your Car will be decided by Us irrespective of whether Your claim is lodged directly
     with Us or against a third party;
c. if Your claim is for theft or total loss of Your Car; or
d. if Your claim is under a BER process.
We will not refund any portion of the additional premium that You paid Us if You cancel this endorsement at any time.
Endorsement 113: Reference to Motor Vehicle Market Valuation System
This refers to the motor vehicle Market Valuation System approved by Persatuan Insurans Am Malaysia (PIAM) to determine
the Sum Insured of Your Car at the time You purchased / renewed this Policy as well as the Market Value at the time of the
loss.
When a claim is made, the Market Value of Your Car would be determined by the (name of motor vehicle Market Valuation
System) and this value would be accepted as the cost of purchasing a replacement car of the same make, model and age of
Your Car at the time of loss.
If no Market Value is available from the (name of motor vehicle Market Valuation System) for Your Car, the Market Value of
the Car would be determined by an Adjuster, agreed to by both You and Us.
The valuation done by the (name of motor vehicle Market Valuation System) or Adjuster will be conclusive evidence in respect
of the Market Value of Your Car in any legal proceedings against Us.
Subject otherwise to the terms and conditions of this Policy.
Endorsement A003: Personal Accident Add-on
In consideration of the additional premium You paid Us for this endorsement, We agree that this Policy extends cover to You
or Your Authorised Driver and/or Passengers arising out of an accident covered under Section A of this Policy. This
endorsement shall cover for death or bodily injury sustained in direct connection with the usage of Your Vehicle within twelve
calendar months of the occurrence of such accident. The following is the table of Coverage and Compensation:
Number of seats refers to the driver seat and permissible number of passenger seats within Your Vehicle.
                                                               16
      If the number of passengers carried at the time of the happening of an Incident is more than the maximum number
      permitted in the vehicle by law, We will not pay their claim in full. Any payment We make to any claimant under this
      endorsement shall be rateably reduced in the proportion of the legally permitted maximum number of lawful passengers
      over the actual number of passengers carried, at the time of the Incident. The proportion We pay shall be calculated in
      accordance with the following formula:
                   Number of passengers permitted by law
                                                                              X     Total Claim Awarded
           Actual number of passengers carried at time of Incident
4. Proceeds payable as stated under Coverage and Compensation shall be made directly to the injured person(s) or the estate
   of the life assured, or the legal personal representative whose receipt shall constitute a full discharge in respect of the claim.
5. This endorsement cover shall expire when a claim is successfully made by anyone of the life assureds.
Specific exclusions to Endorsement A003
This endorsement does not provide coverage under the following circumstances:-
a. insanity, suicide (whether sane or insane), intentional self-inflicted injury or any attempt threat.
b. pre-existing physical or mental defect or infirmity.
c. HIV (Human Immunodeficiency Virus) and/or HIV related illnesses including AIDS and/or any mutant derivatives or
    variations thereof.
d. childbirth, miscarriage, pregnancy or any complications thereof.
e. where any of the General Exceptions of this Policy shall apply.
The existing terms and conditions of this Policy shall continue to apply for this endorsement.
We will not refund any premium that You paid Us for the cancellation of this endorsement at any time unless the cancellation is
effected together with the Policy where no claim has been made for both the Policy and this endorsement.
Endorsement A004: Compensation for Loss of Use of Vehicle - e-Ride/hailing (fee reimbursement) add-on
In consideration of the additional premium that You paid Us for this endorsement, We will reimburse the fees incurred for utilising
approved e-ride/hailing services, up to the limits specified in Your Plan as mentioned in the Schedule, while Your Car is being
repaired by Our Approved Repairers. For any claim that We agree to pay under this add-on endorsement, We will not deduct
any Excess and You will not lose Your No Claim Discount entitlement.
We will not pay:
1. if the repair to Your Car is not claimable under Your Policy.
2. if You have incurred the fees beyond the period of use agreed by Us.
3. if the claim on Your Policy is only for breakage of windscreen glass, whether payable under Endorsement 89 or otherwise.
4. if You have a claim for theft loss of Your Car.
We will not refund any premium that You paid Us for the cancellation of this endorsement at any time unless the cancellation is
effected together with the Policy where no claim has been made for both the Policy and this endorsement.
Endorsement A008: Private Hire Car Endorsement
In consideration of the additional premium that You paid Us for this endorsement, We agree that the policy terms have been
amended as stated below.
‘Limitation as to Use’ as defined under the CI and explained under Section F: Definitions of words highlighted in the Policy
is amended to include use of the Car for the carriage of passengers for hire and reward under an e-hailing service license for
the period the Car is driven by that Authorised Private Hire Driver who is assigned to this vehicle, in the following manner:-
TIME OF COVER :
Effective date of Private Hire Cover Endorsement : dd-mm-yyyy
Expiry date of Private Hire Cover Endorsement : dd-mm-yyyy
CONDITION UNDER WHICH THIS ENDORSEMENT APPLIES :
Cover under this Policy is extended by this endorsement on condition that the Car is fully licensed by SPAD and/or CVLB in
accordance with their licensing provision for e-hailing services for private cars (i.e. ‘private hire’), and where all regulatory or
administrative provisions for use for ‘private hire’ are fully complied with.
Any restrictions to cover with regards to ‘private hire’ as mentioned in this Policy are therefore cancelled when this endorsement
is in force.
This cover is confined only to the geographical boundary of Malaysia, as well as any geographical limits of operation that are or
may be imposed by any administrative or licensing Authority.
I) EVENTS WE COVER UNDER THIS ENDORSEMENT :
Every coverage already taken under this Policy will apply during the time the Car is On Call while providing a legitimate e-
hailing service. In addition the insurance covers required by SPAD and/or CVLB are specially provided by this endorsement
for the duration that the Car is On Call. The extent of these coverages are fully explained under Section III ‘Additional Extended
Cover’ below :-
    (i) Loss or Damage to Your Own Car (as expressed under Section A of the Policy)
    (ii) Liability to Third Parties (as expressed under Section B of the Policy)
    (iii) Legal Liability to Fare Paying Passengers
    (iv) Personal Accident cover of RM 10,000 due to accidental injury or death of the Authorised e-Hailing Driver in the course
          of driving the Car
    (v) Legal Liability of Fare Paying Passengers for Negligent Acts
II) ADDITIONAL DEFINITION OF TERMS :
Authorised e-hailing Driver – Any driver who is registered and licensed with SPAD and/or CVLB and is authorised by an e-
hailing service provider for the purpose of performing e-hailing services using this Car and with the Policyholder’s permission
to do so.
CVLB – refers to the licensing authority in East Malaysia for public service vehicles i.e. Commercial Vehicle Licensing Board.
E-hailing app – refers to the electronic mobile application provided by an intermediation business
                                                                17
E-hailing services – the legitimate business as licensed by SPAD and/or CVLB of carrying passengers in a private car for a
fee organised through an e-hailing app. The description ‘”e-hailing services” and “private hire” are synonymous and applies in
context.
Fare-paying passenger(s) – Passenger(s) who pay a fare to be transported in the Car pursuant to an e-hailing service call
together with every person who accompanies them in the same ride.
On Call - The period between the point the authorised e-hailing driver logs on to the e-hailing app, until:
(i) the last fare-paying passenger of the last trip has fully disembarked or alighted from the e-hailing car, or
(ii) when the last trip on the e-hailing app has ended or has been cancelled through the e-hailing app, or
(iii) when the e-hailing driver logs off the e-hailing app (i.e. the authorised e-hailing driver is no longer available for private
hire or to accept any trips for e-hailing, whichever occurs later.
Private Hire – the licence granted by SPAD and/or CVLB which permits a private car to be used for the business of carriage of
passengers for a fee under an e-hailing service.
SPAD – refers to the licensing authority for public service vehicles i.e. Land Public Transport Commission (also known as
Suruhanjaya Pengangkutan Awam Darat).
III) ADDITIONAL EXTENDED COVER :
(i) Loss of Damage to Your Own Car
      Coverage for Loss or Damage to Own Car will follow the terms and conditions provided under Section (A) Loss or Damage
      to your Own Car, under the main policy in accordance with the terms and conditions for which it has been issued, with the
      exception that cover now applies when the Car is On Call.
(ii) Liability to Third Parties
      Coverage for Liability to Third Parties will follow the terms and conditions provided under Section (B) Liability to Third
      Parties, under the main policy in accordance with the terms and conditions for which it has been issued, with the exception
      that cover now applies when the Car is On Call.
(iii) Legal Liability to Fare-Paying Passengers
      We shall pay towards You or Your Authorised E-Hailing Driver’s liability to any Fare-paying Passengers being carried
      in or upon or entering or getting into or onto or alighting from the Car except for:
      a. damage to property belonging to or in the custody of or control of or held in trust by You or Your Authorised e-Hailing
           Driver and / or any member of Your or Your Authorised e-Hailing Driver’s Household unless these are being carried
           for hire or reward during the e-hailing service;
      b. any claims brought against any person in any country in courts outside Malaysia, the Republic of Singapore or Negara
           Brunei Darussalam; and
      c. all legal costs and expenses which are not incurred in or recoverable in Malaysia, the Republic of Singapore and Negara
           Brunei Darussalam; and
      d. all liability arising from any assault, battery, robbery, medical assistance rendered in an emergency and /or any delay
           caused by or contributed to by You or Your Authorised e-Hailing Driver; and
      e. all liability caused by or contributed to by the e-hailing service provider and/or failure of the e-hailing app; and
      f. consequential loss of any kind arising from any of the above.
(iv) Personal Accident Cover for Authorised e-Hailing Driver
      It is hereby understood and agreed that the Company will pay the following compensation for bodily injury sustained by the
      Authorised e-Hailing Driver only when On Call on condition that (1) the bodily injury is solely and independently caused by
      violent accidental external and visible means (excluding consequential medical or surgical treatment due to such injury),
      and (2) where the bodily injury results in the following Payable Injury within three calendar months of the occurrence of the
      Incident:-
        PAYABLE INJURY                                                                         Scale of Compensation (RM)
     1    Death                                                                            10,000
     2    Total and irrecoverable loss of sight in both eyes                               10,000
          Total loss by physical severance at or above the wrist or ankle of both hands
     3                                                                                     10,000
          or both feet or of one hand together with one foot
          Total loss by physical severance at or above the wrist or ankle of one hand
     4                                                                                     10,000
          or one foot together with the total and irrecoverable loss of sight in one eye
     5    Total and irrecoverable loss of sight in one eye                                 10,000
          Total loss by physical severance at or above the wrist or ankle of one hand
     6                                                                                     10,000
          or one foot
                                                                                           RM50 per week for a period
          Total disablement from engaging in or giving any attention to such person’s
     7                                                                                     not      exceeding      26
          occupation
                                                                                           consecutive weeks.
    Provided always that:
    a. Compensation shall be payable under one of the Payable Injury only in respect of any one person arising out of any
        one occurrence. The total liability of the Company shall not in the aggregate exceed the sum of RM10,000 during any
        one period of insurance.
    b. No weekly compensation shall become payable until the total amount have been ascertained and agreed.
    c. No compensation shall be payable in respect of death or injury directly or indirectly wholly or in part arising or resulting
        from or traceable to (1) intentional self-injury, suicide (whether felonious or not) or attempted suicide, physical defect
        or infirmity or (2) an accident happening whilst such person is under the influence of intoxicating liquor or drugs.
    d. No compensation shall be payable if the Authorised e-Hailing Driver is not authorised by the car owner and the e-
        hailing service provider at the time of the Incident giving rise to the injury.
    Subject otherwise to the Terms of this Policy.
                                                               18
(v) Legal Liability of Fare-Paying Passengers for Negligent Acts
     We agree that the insurance provided under Section B of this Policy will include legal liability for any accident to a third
     party which is caused by a passenger of Your Car during his ride as a Fare Paying Passenger in Your Car on condition
     that the passenger:
     a. is not driving Your Car;
     b. is not entitled to indemnity under any other policy of insurance; and
     c. complies with all the terms and conditions of this Policy as though he were You.
     This endorsement does not cover:
     a. death or bodily injury to any person who is employed by You or the passenger, and who dies or is injured in the course
          of such employment;
     b. damage to any property that belongs to or is held in trust or in the custody, care or control of You or the passenger
          or which is being carried in Your Car; and / or
     c. death or bodily injury to the driver or any passenger travelling in Your Car at the same time.
IV) PREMIUM REFUND:
No refund shall be allowed for the cancellation of this endorsement.
V) GENERAL APPLICATION OF POLICY TERMS AND CONDITIONS:
All other terms and conditions provided under this Policy is otherwise unchanged.
Endorsement A009: Top Up for Full Convulsion of Nature Cover
In consideration of an additional premium that You paid Us for this endorsement, notwithstanding anything to the contrary in
Section A1(x), We agree that the insurance provided under Section A of this Policy will provide cover up to the Sum Insured
specified in your Policy Schedule for loss or damage to Your Car caused by flood, typhoon, hurricane, storm, tempest, volcanic
eruption, earthquake, landslide, landslip, subsidence or sinking of the soil / earth or other convulsions of nature.
Endorsement A010: Waiver of Betterment (vehicle age up to 15 years)
In consideration of an additional premium that You paid Us for this endorsement We agree to waive all claim related Betterment
costs as mentioned under 2. Basis of Settlement (f) Betterment, provided always the age of your car not more than 15 years.
Endorsement A011: Unlimited Towing Costs
In consideration of an additional premium that You paid Us for this endorsement and that Your Car does not exceed 15 years
in age, We agree to extend Section A.3: Towing Costs to cover unlimited towing services in respect of any single towing trip
from the location of the accident or breakdown to Our panel repairer of choice or a safe place of storage within Malaysia while
awaiting repair or disposal. Cost of parts, toll charges and levy fee charged by Customs for cross border towing are excluded.
In the event of Your vehicle breakdown and the cost incurred is only for such towing services, We will not deduct any Excess
and You will not lose Your No Claim Discount entitlement.
19