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Allianz Insurance Ireland
Allianz School Insurance Ireland

General Conditions

General Conditions

Applicable to all Sections of this Policy

1. Due Observance

The observance and fulfilment of the terms and Conditions of this Policy in so far as they relate to anything to be done or complied with by the Insured or any other indemnified party shall be conditions precedent to any liability of the Company to make any payment under this Policy

2. Non-Disclosure

The insurance will be voidable if there has been misrepresentation mis-description or non-disclosure of any material fact

3. Alterations to Risk

If at any time anything shall occur or be done materially affecting or varying any aspect of the subject matter of this insurance the Insured shall give immediate notice in writing to the Company

4. Reasonable Precautions

 The Insured shall at all times exercise reasonable care

 (a) to ensure that School Property is maintained in a good state of repair and protected from loss or damage
 (b) to comply with all statutory obligations and regulations imposed by any authority
 (c) to protect Employees and other persons from Bodily Injury and avoid loss or damage to property
 (d) in the selection employment hiring retention placement or training of Employees

5. Other Insurances

If any insurance under this Policy is also the subject (in whole or in part) of any other policy the liability of the Company shall apply in excess of and not as contributory with such other policy

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6. Claims Procedure

 

(a) Applicable to Sub Sections 5A and 5B only

The Insured shall give immediate written notice to the Company on receiving notification of a claim or after becoming aware of any circumstances which might reasonably be expected to result in a claim irrespective of the views of the Insured as to the validity or otherwise of such claim or prospective claim Any claim arising from any such circumstances shall be deemed to have been made in the Period of Insurance in which such notice has been given

 

(b) Applicable to all other Sections

In the event of an occurrence which may give rise to a claim under this Policy the Insured shall notify the Company in writing as soon as possible

 (c) Applicable to all Sections
  (i) In the event of an occurrence which may give rise to a claim under this Policy the Insured shall
   (1)if School Property is lost or if theft or malicious damage is suspected inform the police immediately and take all reasonable practical steps to recover the property lost
   (2)immediately send to the Company any communication received from any persons or organisations
   (3)supply at his/her own expense all reports certificates plans specifications information and assistance reasonably required by the Company
  (ii) No admission repudiation offer promise payment or indemnity shall be made or given by or on behalf of the Insured without the written consent of the Company
  (iii) No property may be abandoned to the Company
  (iv) The Company shall be entitled if it so desires to take over and conduct in the name of the Insured or any indemnified party the defence or settlement of any claim or to prosecute in the name of the Insured or any indemnified party for its own benefit any claim for indemnity or damages or otherwise The Company shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured or any indemnified party shall give all such information and assistance as the Company may require

7. Cancellation

The Company may cancel this Policy by giving 21 days notice by registered letter to the last known address of the Insured in which event the Insured shall be entitled to the return of a proportionate part of the premium in respect of the unexpired Period of Insurance subject to the retention by the Company of any minimum premium stated in the Schedule or as advised to the Insured

8. Arbitration

All differences arising out of this Policy shall be referred to the decision of an arbitrator to be appointed by the parties or failing agreement by the President for the time being of the Incorporated Law Society of Ireland Where any difference is referred to arbitration the making of an award shall be a condition precedent to any right of action against the Company Claims not referred to arbitration within 12 calendar months from the date of disclaimer of the liability shall be deemed to have been abandoned

9. Fraud

If any claim is in any respect fraudulent or if any fraudulent means or devices are used by the Insured or anyone acting on behalf of the Insured or if any damage is caused by the wilful act or with the connivance of the Insured all benefit under this Policy shall be forfeited

10. Insurance Act 1936

In accordance with Section 93 of the Insurance Act 1936 it is understood and agreed that all moneys which become or may become due and payable by the Company under this Policy shall be payable and paid in Ireland

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