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GENERAL CONDITIONS FOR THE
TOURIST AUTOMOBILE POLICY
SPECIFICATIONS, TERMS, CONDITIONS
AND EXCLUSIONS under Master
General Agreement with Qualitas Compania de Seguros
S.A. de C.V.
INTRODUCTION
Qualitas Compañía de Seguros,
S.A. de C.V, hereinafter known as the "Company" and the policyholder,
hereinafter known as the "Insured", have agreed on the
coverage and sums insured that appear on the face of the policy as
being contracted, it being understood that one or several of the
basic coverage may be selected and in addition if it is so desired,
one or several of the additional coverage may be contracted.
For the purpose of the present contract, the
interested parties agree on the following definitions:
Insured:
It is any person whomsoever who drives the vehicle described
on the face of the policy with the expressed or tacit consent of the
owner.
Vehicle:
It is an automotive unit described on the face of this policy,
including its special equipment such as signs, advertisements, radio,
clock, fog and search lights, exterior mirrors, visors and other
accessories that are different than those that the manufacturer
installs as original equipment.
Trailer: It is a house trailer that
includes equipment that is attached to the same, excluding household
belongings and personal items.
Boat: It
is the boat specified on the face of the policy and the platform or
trailer on which the boat is mounted as if it were a single unit.
CLAUSE 1ª. SPECIFICATIONS OF RISKS
RISK1. Material Damage
a). Collision,
turnover and plate glass - Loss or material damage that the insured automobile
may suffer as a result of a collision, turnover and plate glass breakage
are covered by this item a) shall be paid by the
Company only in excess of the
deductible mentioned on the face of the policy and for which the
Insured shall always be liable
for the amount of the deductible. The before mentioned deductible
shall be applied to each accident that is to be indemnified in accordance with the terms
and conditions of this section.
b) Transportation. Material damage to the insured
vehicle caused by grounding,
sinking, fire, explosion, collision, turnover or derailment of the
means of
transportation used when being transported by land, air or water, as
well as by the insured
vehicle falling into the sea during loading, unloading
maneuvers or transshipment,
including the contribution of the Insured to general or particular average,
including the salvage charges for which the Insured may be held
liable.
c) Towing
Expenses: In the event of
an accident that is to be indemnified under the terms of this policy, the Company shall
pay the towing expenses necessary
to tow the insured vehicle anywhere within the limits of the Republic
of Mexico,
and to the place where the Company decides the vehicle is to be repaired, as well as pay for the expenses up to a limit
of $500.00 UScy that are necessary
to put the
vehicle into condition to be towed.
d) Deductible. The coverage for Section 1,
Physical Damage, is contracted with
the invariable application to each accident of an amount to be paid by the Insured known
as a deductible. The
amount of this deductible is determined by applying the percentage that
appears on the face of the policy to the sum insured that
is in force, subject to the minimum amounts specified thereon.
RISK 2.
TOTAL THEFT AND MATERIAL DAMAGE.
a) Total
Theft of the Vehicle - Total theft of the insured vehicle, as well as
the loss or damage that may
occur as a result of such total loss.
b) Fire,
Lightning and/or Explosion.- Material damage that the
vehicle may suffer
as a consequence of fire, lightning and/or explosion.
c) Strikes
and Civil Commotion - Material damage that the vehicle may suffer by the acts
of third parties involved in work stoppages, strikes, labor disturbances,
political meetings, mutiny or popular uprisings; or by malicious mischief
committed during the time such acts are being carried out; or
material damage
caused by measures of suppression taken by legally constituted Authorities
in the performance of their duties. Damage resulting from
vandalism is
excluded.
d)
Natural
phenomena - Material damage that the insured vehicle may suffer as
a result of cyclone, hurricane, hail, earthquake or volcanic
eruption, avalanches,
flood (caused by the overflow of rivers, lakes or inlets, with the exception
of salt water), land or rock slides, the fall or collapse of
constructions, uildings, structures or other similar objects,
including falling trees and branches.
Deductible. - The coverages
for Section 2, are contracted with the invariable application of an amount to
be paid by the Insured known as a deductible. The amount of this deductible
is determined by applying the percentage that appears on the
face of the policy to the sum insured that is in force, subject to
the minimum amounts specified thereon.
In connection with Risks
1 and 2, coverage is also included for the special equipment that is
installed in the insured automobile by adding the cost of said
special equipment to the value of the automobile and thus it forms
part of the sum insured. It is hereby understood that for the effects
of this contract, special equipment consists of lettering, signs,
radio, clocks, fog and spot lights, outside mirrors, visors and other
similar accessories.
RISK 3. CIVIL
LIABILITY FOR PROPERTY DAMAGE AND BODILY INJURY TO THIRD PARTIES.
Coverage is in effect, for property damage and/or
bodily injury, in accordance with the current legislation applicable
in the Republic of Mexico on the subject of legal civil liability of
the Insured or of any person that is driving the vehicle with the
expressed or tacit consent and as a consequence of said use, may
cause damage to property that does not belong to the Insured or to
persons related to the Insured and/or bodily injury or death to third
parties.
Without exceeding the sums insured that are shown
on the face of the policy, the payments that the Insured makes shall
be subject to the following concepts:
a) Damage
to property belonging to third parties.
b) Medical
expenses incurred while administering first aid.
c) Medical
and/or burial expenses, as the case may be to third parties that are
injured
by the vehicle insured.
d) The
legal indemnity that has to be paid for death, total or partial disability, be it permanent or temporary.
e) The
expenses and court expenses that the Insured or the driver es sentenced to pay arising out of a suit fo civil liability brought against the Insured.
f) In
any case liability for Bodily injuries to the occupants of the
vehicle is not covered.
Punitive damages are
specifically excluded.
RISK 4. MEDICAL
EXPENSES FOR OCCUPANTS
The payment of medical expenses that are incurred
within the Republic of Mexico for the concept of hospitalization,
medical attention, nurses, ambulance service and funeral expenses as
a result of bodily injury suffered by the Insured or by any of the
occupants of the vehicle insured in a traffic accident or by fire,
explosion, or meteorological phenomena while traveling in a
compartment, cover or cabin designed for the purpose of
transporting passengers.
Medical expenses covered under this policy are:
a) Hospitalization.- Room and board in the hospital, physiotherapy,
expenses inherent to hospitalization, drugs and medicines in general
that are prescribed by a Doctor that is legally authorized to
practice medicine.
b) Medical
Attention - The medical services required that are provided by
professionals legally authorized to practice their profession.
c) Nurses -
The cost of the services of nurses that are legally authorized to
practice their profession for a maximum period of 30 days.
d) Ambulance
Service - The expense incurred for ambulance service, when this is
considered indispensable.
e) Funeral
expenses - The expenses incurred for this concept are covered up to a maximum
amount of 50% of the sum insured per passenger and shall be
reimbursed upon the presentation of the corresponding documents.
In the event that at the time of the accident, the
number of passengers injured is in excess of the number of persons
insured, the limit of liability per person shall be paid in a
proportional manner.
The Company shall pay the above mentioned expenses
up to the time as the sum insured for each person is exhausted. The obligation of the Company
shall automatically cease when the effects of the injury disappear or
when the doctor releases the patient or when the medical or funeral
expenses incurred have been paid.
Specific exclusions for Medical Expenses for
Occupants.
This insurance in no way covers:
a) The
payment of expenses incurred abroad for hospitalization, medical
attention, nurses and ambulance service.
b) Expenses
incurred for general physical exams for the purpose of determining
the state of health known as a "CHECKUP" and that are
performed after the Insured insured joins
the plan
c) The
difference in the diagnostic services, laboratory tests and X-rays
that were performed abroad.
d) Expense
for a hospital room when it is different from the standard room, as
well as meals for the room companion.
e) Orthodontic
treatments and plastic surgery.
RISK
5. LEGAL EXPENSES
The Company agrees with the Insured that by means
of the obligation to pay the corresponding premiums, it agrees to
cover the lega1 fees of lawyers, expenses inherent to a criminal trial
as well as the immediate issuance of a bond through a Surety company
in order to obtain the temporary freedom of the driver and the
release of the vehicle involved and/or cover the amount of the bond
for the same purposes when so required at the time that the Insured
is requested to cover as a result of an accident in which the vehicle
property of the Insured is involved in an accident covered in this
policy.
The coverage that is issued is subject to the
following:
1. The Company agrees to cover the legal expenses
that the Insured has to pay as a result of an automobile accident The
Insured shall have the right to request that the Company pay the
expenses that are hereinafter described up to the limits that are
mentioned herein:
I. The
professional services received of a judicial nature by the Insured in
dealing with the penal or administrative problem that occurred.
The Company shall pay for
the professional services as a maximum an amount equivalent to 2,000 Dlls.
II. The expenses inherent
to the criminal trail as a direct result of the accident. For the
expenses incurred in the penal process of the accident as a whole,
the Company shall pay as a maximum an amount equivalent to 750 Dlls.
III. In the
event that the Judicial Authority were to establish an amount for the
provisional freedom of the driver and the release of the automotive
unit, the Company agrees to submit a surety bond for a combined
single limit per event up to a maximum amount of 25,000 Dlls.
In every instance, the Insured
agrees to comply with the requirements that for this purpose the
Company needs.
IV. In the event that the
Judicial Authority establishes an amount for obtaining the
provisiona1 freedom of the driver and the release a the vehicle, the
Company shal1 cover the amount of premium for said bond, up to a
maximum amount equivalent to 6,000 Dlls and
the Estado de México to a maximum amount equivalent to 8,700 Dlls.
2. The
obligation of the Company to pay the legal fees is circumscribed to
the limits of the amounts that appear in item 1 of this coverage.
Said limits of the amounts issued shall be automatically reinstated
when they are reduced due to any payment made by the Company during
the term of the policy
3. Once
the bond has been issued, the Insured agrees to comply with each and
every one of the provisions that are established in the Pena1 Code in
order to avoid the cancellation of the provisions freedom of the
driver that is under indictment and to avoid that the Judicial
Authority may call in the bond or guarantee.
In the event that the bond or guarantee is called
in for reasons that are imputable to the 1tria1 or to the Insured,
the latter shall reimburse the Company the amount of the premium of
the bond or guarantee that for this reason had been paid.
4. In the event of a loss, the Insured agrees to comply
with the following requirements:
a) At
the time of the accident the insured shall give immediate notice
within the 24 hours following the accident be it by the insured or by
a third party; this notification shall be given to the offices of the
Company that are close to the scene of the accident or to the Head
Office.
b) The Insured shall
select amongst the lawyers that are included in the list that for
this purpose the adjuster of the Company shall provide; the lawyers
selected shall represent the Insured and will handle all of the legal
matters that arise as a result of the traffic accidents that may
occur.
c) The insured agrees to
attend all proceedings of a penal, civil and administrative nature
that require his presence
5. The Company shall not be obligated to make any
payment under this coverage, in the following cases:
a) The Company shall not
pay any expense made as a result of civil liability.
b) If in the opinion of
the Judicial Authorities, the accident was caused by the Insured in
an intentional manner.
c) When the traffic
accident occurs' the premium has to have been paid.
d) The Company shall not
pay or reimburse under any circumstance, bribes,
gratification’s, expenses incurred for copies or for any other
concept that is not contemplated in the terms and conditions stated
herein.
6. The
terms, conditions and exlusion listed on
the policy are ratified only if not opposed to the above described
terms.
CLAUSE 2ª. RISKS THAT ARE NOT
COVERED BY THE CONTRACT BUT THAT CAN BE COVERED BY SPECIFIC
AGREEMENT.
1.- Trailers
and Boats:
Trailers and boats shall be insured if they are
specifically included on the face of the policy, along with the
description, sum insured and with the corresponding premium for the
same.
The trailers and boats are covered against the
same risks that appear in Section 1 (Risk 1) and/or Section 2 (Risk
2) that were have contracted in the policy for the vehicle that hauls
them and for the same period of time, provided that the trailer is
attached to the main unit. The trailers and boats are subject to a
deductible per unit and is applicable only
to Section 1 and/or Section 2 (Risk 2).
In Section 3 (Risk 3) for the trailers or boats,
those are covered within the sum insured that is contracted for the
vehicle.
Exclusions
a) Medical
expenses of the passenger for injuries suffered or for death that
occurs within the trailer or boat.
b) The
liability of the Company shall cease at the moment that the trailer
is separated from the vehicle, as well as the damage to the boat may
suffer or cause during loading and unloading maneuvers onto or off
the trailer or platform.
2) To
use the vehicle for purposes other than those specified in the
policy.
3) To
participate either directly or indirectly with the vehicle in races
or in safety, endurance or speed tests.
4) Utilize
the vehicle for the purpose of teaching or for giving instructions as
to the way it handles or as to how it functions.
CLAUSE 3ª. RISKS THAT ARE NOT
COVERED BY THE CONTRACT.
This insurance will in no event cover:
a) Civil liability resulting from
death or bodily injury that the driver of the car insured or any
other occupant of said car may suffer, unless medical expenses are
covered in the section for medical expenses. In addition, liability resulting from intentional felonious
acts in which the owner or the driver participate, are not covered.
b) Civil liability as a result of
having run over persons that are relatives of the Insured or persons
that are in the employment of the Insured.
c) Expenses and fees incurred in
the legal defense of the driver, the Insured or owner of the vehicle
that is described resulting from criminal proceedings as a
consequence of any accident, nor does this coverage contemplate the
cost of
bonds, fines or bonds of any type, as well as any
penalty or any other obligation that is different to the
reimbursement of the loss.
d) Loss or material damage to the
insured vehicle resulting from being driven off conventional roads
used for vehicles (including beaches) or when these are found not
suitable for driving.
e) When the vehicle is
participating in safety, endurance or speed competitions or tests,
unless otherwise agreed to.
f) Damage that the
insured vehicle may suffer or cause during the time it is being used
for the purpose of giving driving lessons or instructions as to its
operation, unless otherwise agreed to
g) Damage that the insured
vehicle may suffer or cause during the time it is being used to haul
trailers or boats, unless otherwise agreed to.
h) Damage that the insured
vehicle may suffer or cause during the time it is being driven by a
person that does not have a valid license of the type
that is required for driving and issued by the corresponding
authorities in accordance with the law or when the vehicle is being
driven by a person who is under the influence of alcohol or drugs
that were not prescribed, if these circumstances had a direct
influence in the accident that caused the damage.
i) Theft of parts and
accessories, unless it is as a direct consequence of the total theft
of the vehicle that is insured.
j) Any consequential loss
suffered by the Insured and/or by any occupant of the vehicle, as
well expenses that are incurred as a result of the accident, such
as: hotel room and board,
transportation, telephone calls, car rental or by not being able to
use the insured vehicle.
k) The rupture or mechanical
breakdown or failure of any part of the insured vehicle as result of
use, unless it was caused as a direct result of any of the risks
covered in this policy
l) Material damage that the
insured vehicle may suffer due to normal wear and tear of the
automobile or of its parts, as well as the
depreciation value
wise.
m) Loss or damage that the
insured vehicle suffers as a consequence of acts of war, be they the
result of a foreign invasion or civil war that is declared,
confiscation, insurrection, rebellion, expropriation, requisition,
confiscation, seizure or detention by legally constituted Authorities
in the performance of their duties or for any other similar
reason. Loss or damage to
the insured vehicle is also not covered when it is being used for any
military purpose, with or without the consent of the Insured.
n) Loss or damage to the insured
automobile when exposed to the normal action of the tide, including
when a flood occurs.
o) Loss or damage to the insured
vehicle caused from being overloaded or when being subjected to
excessive traction in relation to its resistance or capacity.
p) In addition, the Company shall
not be liable for any damage caused to viaducts, bridges, scales, or
to any public thoroughfare and to objects and installations below the
level of the ground, be they caused by vibrations or due to the
weight of the vehicle or of the load it is hauling.
q) Malicious mischief, vandalism
and theft of contents and/or partial theft of any accessory belonging
to the automobile, boat or trailer.
r) Any general damages,
including pain and suffering, any economic or incidental losses
(other than “Medical Expenses” as defined in section 4
herein), or any damages arising out of loss of use of the insured
vehicle by the insured or any accupant or
other passengers of the insured vehicle; for losses related to other
damages to any persons arising out of injuries sustained by another
person.
CLAUSE 4ª. PAYMENT OF PREMIUMS.
The premium is due on the date the policy is put
into effect and payment shall be made with the Company providing a signed
receipt or a stamp as proof of having received the
money. There shall be a
US $10.00 minimum issuing fee charged.
CLAUSE 5ª. SUMS INSURED AND LIMITS
OF LIABILITY.
The liability of the Company shall not exceed the
actual cash value of the damage that was caused on the date of the
loss to the parts of the vehicle insured, plus the cost of
installation. Under no
circumstances shall the amount exceed the value insured of said
vehicle. For this
purpose, the following clause shall be taken into account:
CLAUSE 6ª. REDUCTION AND
REINSTATEMENT OF SUM INSURED.
Any indemnity paid by the Company
shall reduce the amount of the sum insured by the same amount and
this can be reinstated at the request of the Insured, who shall pay
the corresponding additional premium.
If the policy were to cover several vehicles, the
reduction or reinstallation shall only be applied to the vehicle or
vehicles that suffered a loss.
CLAUSE 7ª. OBLIGATIONS OF THE
INSURED.
a) Precautions.
At the time of a loss, the Insured should take all
of the necessary precautions in accordance with the circumstances
surrounding the accident in order to avoid that the loss becomes
greater and consequently, the Insured should not abandon the vehicle,
unless it is a result of an unforeseen circumstance or force majeure.
If the Insured does not comply with the
obligations indicated in the above mentioned paragraph, the Company
shall have the right to limit the indemnity to be paid to the Insured
for the damage it suffered up to the value to which the damage would
have been increased if
the Insured would have complied with said obligations.
b) Notice of Loss.
At the time of an accident that is covered under
the present policy, the Insured shall have the obligation to notify
the Company as soon as it has knowledge of the accident, with the
exception of unforeseen circumstances or force majeure
and then, it should be given as soon as possible and provide the
cost of one or the other
before leaving the Republic
of Mexico. The delay in providing
prompt notice, could
result in the indemnity being for less than it would have been if the
Company would have been given prompt notice of the same.
c)Notification of the
Existence of any other Insurance. The Insured shall have the
obligation to immediately notify the Company in writing of any
insurance that is being contracted or that has been contracted with
another Company insuring the same vehicle, risks and exposures as
appear in the present policy, providing the name of the Company and coverages in force
d) Cooperation and Assistance.
The Insured shall cooperate with the Company and
shall attend all of the administrative and judicial hearings to which
it has been subpoenaed by the authorities in connection with any loss
that was the reason for the suit against the. Company.
e) Notification of Claims.
The Insured is obligated to inform the Company as
soon as it has knowledge of any suit, trial, subpoena, requisitions in regards to any suit due a possible
liability that is covered by insurance.
The
Company shall not be obligated to pay any debt, transactions or any
other legal acts of a similar nature, deeds or agreements that were
arrived at without its consent.
The material confession of an act cannot be accepted as the
recognition of a liability for the Company.
f) For the purposes of payment of any damages
and/or the insured shall have the vehicle released from any charge
imposed by any and all authorities.
CLAUSE 8ª. CLAIMS
a) Once
the Insured has given notified the Company about the loss, the latter
shall have the obligation to commence with the valuation of the
damage within a period of time that does not exceed 72 hours, counted
as of the moment the Insured placed the vehicle in the care of the Company
and that it be totally released by the authorities, if the latter
were the case.
b) The
fact that the Company does not initiate the valuation of the loss
within the period of time mentioned in the previous paragraph, shall
empower the Insured to proceed with the repair of the vehicle and it
shall have the right to demand payment from the Company in accordance
with the terms of this policy, unless for causes imputable to the
Insured, the valuation could not be carried out.
c) Once
the valuation of the damage to the vehicle is finished and its
liability accepted, the Company shall proceed to liquidate the
Insured in cash for the amount of the indemnity for the loss or
damage that is to be repaired.
In
the event of total loss or theft of the vehicle, the Company has the
option to substitute it to the satisfaction of the Insured or to pay
in cash the actual value of the vehicle on
the date of the loss, but
without exceeding the sum insured in force. Once the indemnity is
paid, the Company shall not have any further obligation and the
insurance shall be considered automatically canceled.
In
the event that the vehicle suffers damage and the repair requires
parts that are not available in the market, at the moment the
indemnity is paid for in cash, the liability of the Company shall be
limited to paying the Insured for the value of said parts in
accordance with what is determined between the Company and the Insured or, if
the parties would not agree, the value shall be established by an
arbiter.
d) With
exception being made in the event that the Company does not commence
with the valuation within the term of 72 hours that is referred to in
item a) of this clause, the Company shall not accept the damage
suffered or caused if the repair process has begun without the
written authorization of the Company, inasmuch as this keeps the
latter from knowing the existence or magnitude of the loss and the
circumstances that caused or had an influence in the loss taking
place.
e) In the event of theft or other felonies that
can be the basis for presenting a claim under this policy, the
Insured shall notify the corresponding Authorities immediately and
shall cooperate with the Company in obtaining the release of the
vehicle or of the amount of the damage that it suffered. In any case,
the Company shall accept or deny its liability within 30 days
following the date in which it received all of the documents that are
required.
f) If
it is so required by the Company, the Insured shall grant as soon as
possible a power of attorney to the Company or to the representative
it may select, in order to permit it to proceed and to negotiate for
its account in the name of the Insured, the defense or agreement for
any claim or lawsuit, and to continue in the name of the Insured and
for its own account to follow any claim for the indemnity of a loss
or for any other reason against third parties.
g) The
Company shall have the right to proceed with the trail or with the
negotiations of any claim and the Insured shall provide all of the
information and assistance that is necessary.
h) Any
assistance that the Company gives the Insured or third parties shall
not be construed as an acceptance of the origin of the claim.
CLAUSE 9ª. ADJUSTMENT AND ACCEPTANCE
OF LIABILITY.
The Company, in order to proceed with the
adjustment of the losses suffered by the vehicle that is insured,
should call the Insured in order that with its participation the
value of the damage can be determined. If the Insured were not to
participate, it shall loose its right to participate, without
prejudicing its right to name an arbiter in the event of controversy.
The participation of the Company in the claim
shall not imply the acceptance of any liability in regards to the
claim. In any event, the Company shall either accept or deny the
claim within 30 days following the date it has received the documents
and information that is required.
CLAUSE 10ª. ARBITRATION
In the event of disagreement between the Insured
or beneficiary and the Company concerning the amount of any loss or
damage, the dispute shall be submitted to an arbiter that has been
named in writing with the consent of both parties, but if there is no
agreement in the naming of only one arbiter, two shall be named, one
for each party. This
shall be done within a period of 10 days as of the date in which one
of the parties concerned has so been requested by the other in
writing. Before undertaking the assignment, the two arbiters shall
name a third arbiter in the event of disagreement.
If one of the parties concerned were to refuse
naming an arbiter or simply would not do it when so requested by the
other, or if the arbiters could not reach an agreement as to the
naming of the third arbiter, it shall be up to the Judicial
Authority, acting at the request of either of the parties, to name
the arbiter, the third arbiter, or both if necessary; however, the
National Commission for Insurance and Bonds could designate the
arbiter, or the third arbiter if so requested by the parties in
question.
The death or one of the parties if a person or the
dissolution in case of a company, were to occur during the period of
arbitration, shall not nullify or affect the power or attributions of
the arbitrator or of the arbitrators of the parties concerned, or if
one of the arbiters or the third arbiter were to die before the
report was rendered, another one shall be designated as a substitute
by the party concerned (the parties, the arbitrators, the Judicial
Authority or the National Commission for Insurance and Bond). The expenses and fees that are
incurred because of the arbitration, shall be for the account of the
Company and
the Insured in equal parts, but each party shall cover
the fees of its own arbiter.
The arbitration referred to in this clause does
not signify the acceptance of the claim on the part of the Company,
it shall only determine the amount of the loss that the Company shall
be eventually obligated to pay, thus leaving the parties at liberty
to exercise their right to take the necessary actions that may be
deemed necessary and make known its opposition.
CLAUSE 11ª. SALVAGE.
It is hereby specifically agreed that in the event
that the Company does pay the real value of the vehicle on the date
of the loss, but without exceeding the sum insured, the salvage or
any other recovery shall become its property in the proportion that
corresponds to it.
CLAUSE 12ª. LOSS OF THE RIGHT TO BE
INDEMNIFIED.
The obligation of the Company shall be canceled:
1. If it is determined that the Insured, the
driver, beneficiary or its representatives, for the purpose of making
the Company incur in an error, disguises or declares inaccurate facts
in an attempt to exclude or restrict said obligations.
2. If in the loss it was found that a fraud was committed
or bad faith were shown on the part of the Insured, the beneficiary
or its respective successors.
3. If it is determined that the Insured, the
driver, beneficiary or its representatives, for the purpose of making
the Company incur in an error, does not provide on time the
information that the Company requests about the facts related to the
loss and from which the circumstances that led to the loss and to the
consequences thereof can be determined.
CLAUSE 13ª. SUBROGATION.
The Company shall have the right of subrogation up
to the amount paid, as well as to the corresponding actions, against
the perpetrators or parties responsible for the loss. If the Company so requests and
at its own expense, the Insured shall officially put the right of
subrogation in writing If
through errors or omissions, the Insured were to impede the right of
subrogation, the Company shall be released of all or part of its
obligation.
If damage were only partially indemnified, the
Insured and the Company shall agree to participate proportionally in
the corresponding actions.
CLAUSE 14ª. ANTICIPATED
CANCELLATION OF CONTRACT.
The parties specifically agree that this contract
may be canceled in advance by means of prior notification in writing
and the Company will have the obligation to return that proportion of
the unearned premium.
Annual Tourist Policies with Multiple Entry
Provisions.
If the policy is canceled at the request of the
Insured within the first 34 days of its term,
the Company shall return the net premium based on the short rate
tariff that is registered for this purpose with the National
Commission of Insurance and Bonds.
In the event of a request for cancellation on the
part of the Insured after the period of 34 days, the factor that is used by the
Company for return premium is 0 (zero) as provided for in the tariff.
This is due to the fact that the premium for the multiple-entry
provisions was determined based on the maximum average stay mentioned
before; in spite of this, the contract shall remain in force for the
period of time mentioned on the face of the policy, unless there is
an order to the contrary.
CLAUSE 15ª. JURISDICTION.
In the event of controversy, the complainant
should present its case to the head office or subsidiary offices of
the National Commission for Insurance and Bonds as specified in
Article 135 of the General Law for Insurance Institutions and Mutual
Societies, and if said Institution is not named arbiter, it can go to
the courts corresponding to the address of the Company.
No statement shall be made to guarantee the
Insured or buyer, or to any othr person
with reference to the validity of this policy of its terms, in any
legal jurisdiction other than México, or with reference to the
application of any law or process in México, for one or any
accident covered by this policy, or any action or process that
affects this policy.
No statement shall be made to guarantee that this
policy offers protection to the Insured or to any other person
against punitive actions taken by any legal Authority in
México.
CLAUSE 16ª. STATUTE OF LIMITATIONS.
All the actions that emanate from this insurance
contract shall expire in two years, computed in the terms of Article
81 of the Law of the Insurance Contract.
The period of time to which this clause refers
shall not be taken into account in the event that omissions or
inexact information on the loss was given, but shall commence as of
the date the Company was informed of such loss, and if we are dealing
with the time of the loss, as of the date in which information was
received by the interested parties, who should be able to prove that
up to that time they had no knowledge of said loss. When dealing with
third parties who are the beneficiaries, it will be required that in addition, these have full knowledge of the right
that was constituted in their favor. The statute of limitations can
be interrupted not only by common causes, but also by the naming an
arbiter or by the initiation of proceedings as mentioned in Article
135 of the General Law for Insurance Institutions and Mutual
Societies.
CLAUSE 17ª. ACCEPTANCE OF
THE CONTRACT
Article 25 of the Insurance contract Law. If the contents of the Policy
or its modifications do not agree with what was offered, the Insured
may request the corresponding changes within thirty (30) days
following the day it receives Policy. Once this period of time has
expired, the stipulations as well as the modifications to the policy
shall be considered as accepted.
For the interpretation of the conditions of this
policy, the text in Spanish shall prevail.
CLAUSE 18ª. GEOGRAPHICAL
LIMITS.
The coverage insured under this policy, shall
apply only to accidents that occur within the Republic of Mexico.
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