ACE Seguros - ACE Mexican Insurance

ACE Seguros

TOURIST AUTO INSURANCE POLICY FOR MEXICO V.1.2 – 06/05 2

SECTION ONE COVERAGE PROVISIONS

CLAUSE 1ª. INSURED RISKS

By means of this clause, the insurer is obligated to indemnify the insured for damages suffered or caused in the Mexican Republic exclusively, the insured vehicle(s) described in the Declarations Page or Specification of Risks of the policy in conformance to the general and particular provisions of the policy and during the time the policy is in effect, in favor of the insured for the risks contracted and appear as covered in the Declarations Page or Specification of Risks page of the policy. This policy is not valid in any other jurisdiction other than the Republic of México and only governing laws and procedures of Mexico apply. The only valid claims are those that occur during the insured’s stay in the Republic of Mexico.

IMPORTANT:- THIS POLICY IS NOT AN “ALL RISKS” BUT A “NAMED RISK” POLICY AND IT ONLY COVERS THE SPECIFIC RISKS AND COVERAGES NAMED IN THE POLICY AND THAT APPEAR IN THE DECLARATIONS PAGE/ SPECIFICATION OF RISKS PAGE OF THE POLICY. - FOR COVERAGE TO BE IN EFFECT, ALL LOSSES MUST BE REPORTED BEFORE LEAVING THE REPUBLIC OF MEXICO. IF SUCH NOTIFICATION IS NOT GIVEN, THE INSURER MAY BE FREE OF ITS OBLIGATIONS UNDER THIS CONTRACT AND WILL NOT INDEMNIFY THE INSURED.

SECTION 1.1 COLLISION

Coverage for this section is granted if this section is shown on the Declarations page of the policy as covered and only up to the insured sums established within and such insured sums will function as the total maximum liability for the following risks.

A) COLLISION, OVERTURN, AND GLASS BREAKAGE Material damages to the insured vehicle as a result of collision, overturn, and/or glass breakage are covered.

B) FIRE, LIGHTNING AND/OR EXPLOSION Material damages to the insured vehicle as a result of fire, electrical storms and/or explosion.

C) NATURAL DISASTERS Material damage to the insured vehicle arising out of cyclones, hurricanes, hail, earthquakes, volcanic eruptions, avalanches, flooding, overflowing of rivers, lakes or inlets (WITH THE EXCEPTION OF SEA WATER), land and rock slides, the fall or collapse of constructions, buildings, structures or other similar objects, and falling trees or branches.

D) STRIKES & RIOTS Material damage to the insured vehicle caused by the direct actions of persons taking part in work stoppages, strikes, labor disturbances, meetings, riots or popular uprisings or persons with bad intentions, while committing such acts or acts taken by any government agency with the authority to quell such acts.

E) TRANSPORTATION Physical damage to the insured vehicle caused by: volcanic eruption, flood, fire, explosion, collision, overturn, from derailment or overturn while being transported on land, air, or water, the falling of the vehicle into the sea during loading or unloading of the ship, or the General Average of the insured’s property for which the Insured might be liable.

F) TOWING EXPENSES For occurrences covered under the terms of this policy, the Company will pay up to the sub-limit established in the Specification of Risks Page of the policy, and necessary towing costs to transport the insured vehicle within the limits of the Mexican Republic to a place designated by the Company for repairs, as well as labor costs incurred to prepare the insured vehicle to be transported.

IMPORTANT: All the costs of repair to the insured vehicle will be calculated based on the labor rate in México unless specified differently in the Specification of Risks page of the policy in case the insured wants to repair the vehicle in the US or Canada.

SECTION 1.1 – DEDUCTIBLES FOR COLLISION

The insured is responsible for the appropriate deductible for each loss. The amount of the deductible will be calculated by applying the appropriate percent of the stated value of the vehicle and considering the minimum deductibles established in the Specification of Risk page of the policy. The insurer will only pay for the damages that exceed the stipulated deductible in the Specification of Risks page of the policy, and the deductible will remain the responsibility of the insured. This deductible will apply for each accident and for each insured vehicle.

SECTION 1.2 TOTAL THEFT

Coverage for this section is granted if this section is shown on the Declarations page of the policy as covered the total theft of the insured vehicle as well as damages to parts or components of the insured vehicle as a direct and immediate consequence of the total theft in case the insurer recovers the vehicle and the insured maintains possession.

SECTION 1.2 – DEDUCTIBLES FOR TOTAL THEFT

The insured is responsible for the appropriate deductible for each loss. The amount of the deductible will be calculated by applying the appropriate percent of the stated value of the vehicle and considering the minimum deductibles established in the Specification of Risk page of the policy. This deductible will apply for each of the vehicles insured under this policy and the insurer will only pay the damages that exceed the deductible(s).

SECTION 1.3 MEDICAL PAYMENTS

When shown as covered on the Declarations Page of the policy, this coverage is extended to cover payment of medical expenses for the reasons listed below, arising out of injuries suffered by the Insured or any person occupying the vehicle, in traffic accidents or at the time of the theft or attempted theft of the vehicle, occurring while said persons are inside the passenger compartment or enclosed cab of the insured vehicle designed for the transportation of persons. In the event of a loss which affects this coverage, the limit per person is determined in the Declarations/Specification of Risks page of this policy. At the moment of loss, the per person limit multiplied by the number of occupants is higher than the total insured sum indicated in the Declarations/ Specification of Risks Page, the maximum limit of liability is the total sum insured and will distribute such amount in proportion to the number of occupants. In such a case, if there exists a portion remaining of the total sum, and there are additional expenses incurred by the occupants, or such as case where the burial expenses were exhausted, the remaining sum insured would be redistributed once again in proportion, to cover the other expenses but without exceeding the per person limit contracted in this policy. The obligation of the Company shall automatically cease when the effects of the injury have disappeared, either through recovery of the patient or the death of same. Grounds for medical payments for injuries to occupants of the insured vehicle covered by this policy are as follows:

A) HOSPITALIZATION Reasonable room and board at the hospital, physical therapy, related hospital expenses and in general, drugs and medicines prescribed by a physician.

B) MEDICAL TREATMENT The services of licensed medical doctors those are indispensable excluding Chiropractors.

C) NURSING CARE The cost of services for nurses with a nursing degree or a license to practice.

D) AMBULANCE SERVICE Reasonable expenses incurred for the use of an indispensable ambulance service.

E) FUNERAL EXPENSES Funeral expenses are included in this section subject to the sublimit established in the Specification of Risks Page of the policy and within the per person limit of liability established in accordance to the second paragraph of this section. Said expenses shall be paid upon submission of proof of such expenses.

F) LOSS OF LIMBS TO OCCUPANTS If during the term of this insurance policy and as a direct result of an automobile accident suffered by the insureds and/or driver, within 90 calendar days subsequent to same, the injury were to produce any of the losses listed below, the Company shall pay the following percentages of the insured sums established for this section.

INDEMNIFICATION TABLE

FOR LOSS OF:	% of Insured Sum
- Life	100%
- Both hands or both feet, or sight of both eyes	100%
- One hand and one foot	100%
- One hand o one foot and sight of one eye	100%
- One hand or one foot	50%
- Sight of one eye	30%
- The thumb of either hand	15%
- Index finger of either hand	10%

For the losses mentioned above, it is understood that:

• The loss of an arm is understood to mean the mutilation, ankylosis, or the loss of motor function of same from the Metacarpus or higher (from the wrist or higher).

• The loss of a leg is understood to mean the complete mutilation, amputation or the loss of the motor function of the same from the tibia-tarsus or above.

• The loss of a finger is understood to mean the mutilation, ankylosis, or total loss of motor function of the same from the metacarpal joint or metatarsus phalanx whichever the case, or above such point.
• The loss of an eye is understood to mean the complete or irreparable loss of function or sight in that eye.

SECTION 1.3 – MAXIMUM LIMIT OF LIABILITY – MEDICAL PAYMENTS

The Company's maximum limit of liability under this coverage is the insured sum per event that is stipulated in the Declarations page of the policy and applies as the sole and combined limit for the several risks covered herein.

SECTION 1.4 - CIVIL LIABILITY FOR DAMAGE TO PROPERTY OF THIRD PARTIES

When shown as covered on the Declarations Page of the policy, this sections covers:

A) PROPERTY Civil liability arising of the insured or any person operating the insured vehicle, for material damages to any property not owned by the Insured, the driver, their relatives or member of their households nor under his custody, or his employees or relatives, or property placed inside the vehicle. For purposes of this Section, property, which is in or on the insured vehicle, shall be considered property owned by the Insured.

B) PERSONS Civil Liability for damages caused by the Insured or any person operating the insured vehicle, for bodily injuries to or death of third parties excluding the occupants of the vehicle. Without exceeding the limits of the insured amount specified on the Declarations sheet of this policy for this Section, the company shall pay the Insured's Civil Liability for the following:

• Medical expenses incurred for first aid.

• Medical treatment and/or burial expenses, for third parties who are injured by the insured vehicle.

• The Insured’s Civil Liability for death, total or partial disability or temporary or permanent disability pursuant to applicable laws in force in the Republic of Mexico.

• The expenses and costs for damages to third parties for which the insured is held legally responsible by a suit brought against the insured in accordance to Mexican laws.

THE FOLLOWING ARE STRICTLY EXCLUDED: - LIABILITY ARISING OUT OF CIVIL, PUNITIVE DAMAGES OR CRIMINAL LIABILITY.

SECTION 1.4 – MAXIMUM LIMIT OF LIABILITY CIVIL LIABILITY FOR DAMAGE TO PROPERTY OF THIRD PARTIES

The maximum limit of responsibility of the company under this coverage is established in the declarations page of this policy / specification of risks page and operates as the total sum payable under the various coverages within this section.

SECTION 1.5 SPECIAL EQUIPMENT

When shown as covered on the Declarations Page of the policy, this section covers:

• Material damages suffered by the special equipment installed in the vehicle as a consequence of risks defined as damages under Section

1.1 - Collision.

• Theft, damage or the loss of such equipment, as a consequence of Total Theft of the vehicle, material damages or loss of equipment covered under Section 1.2- “Total Theft”. Special Equipment is defined as any part, accessory, or signs installed in the insured vehicle, by the owner or a third party including the dealer, in addition to the parts or accessories included by the manufacturer of the vehicle for each make and model in the marketplace. In no case will the indemnification exceed the real value of the property at the date of loss nor the insured sum stipulated for this section.

DAMAGES OR LOSS TO SOUND OR VIDEO EQUIPMENT OR VIDEO GAME CONSOLES FOUND INSIDE THE VEHICLE AND DAMAGES CAUSED WHILE BEING STOLEN OR THE INTENT OF SUCH REMAIN STRICTLY EXCLUDED FOR THE COVERAGES LISTED IN THIS SECTION.