LOSS OF LICENCE INSURANCE
POLICY NO.
Whereas the insured described in the schedule hereto (Hereinafter called the insured).
Whose occupation and employer are as stated in the said schedule and who on the commencing day (Stated in the schedule) of this insurance was the holder of the LICENCE (hereinafter called the LICENCE) stated in the said schedule together with a certificate of validity hereinafter called (“The certificate“) forming part thereof The insured being required by the law to hold such licence in connection with his said occupation by a proposal and declaration dated as stated in the said schedule (Which said proposal declaration shall be the basis of this contract and are deemed to be incorporated herein) has applied to the underwriters stated in the schedule (Hereinafter called “the underwriters“) for the insurance hereinafter provided and has paid the premium stated in the schedule as consideration for such insurance during the period of insurance stated in the said schedule.
Now it is hereby agreed that if the insured shall suffer bodily injury illness or classified illness and such bodily injury or illness of classified illness shall be the sole and direct cause whereby during the said period of insurance or after but not beyond a period of twelve months after the expiry of the said period of insurance.
1. The insured shall be disabled from carrying on this occupation pursuant to the licence and the certificate but neither the licence nor the certificate shall have been lost to him or:
2. There shall be imposed at any time whether by endorsement upon the licence or the certificate of otherwise any special limitations on or in connection with exercises of the privileges conferred by the licence and , or the certificate such imposition involving loss of income or :
3. The LICENCE and/ or the certificate shall be lost to the insured.
Then the insured shall subject to the terms, conditions, provisions and exclusions of this policy become entitled to the payment by the underwriters of such as maybe appropriate of the sums shown in the table of benefits hereinafter contained.
DEFINITION:
"Bodily injury" means bodily injury sustained by the insured during the said period of insurance caused directly, solely and independently of any other cause by violent, accidental, external and visible means and includes illness solely and directly caused by such bodily injury and the results of involuntary exposure to the elements after any accident or mishap during the said period of insurance but does not include any other illness.
"Illness" means any illness (Not falling within the aforesaid definition of bodily injury) which incepts during the said period of insurance and includes premature senile degenerative changes but not a classified illness as hereinafter defined.
A "classified illness" means an illness as hereinbefore but which (a) is of its nature or in origin directly or indirectly consequent upon or contributed to by drugs of any type (including alcohol) unless prescribed by a qualified medical practitioner in the treatment of a pre-exisiting illness not falling within this definition or (b) is of such a nature as to be incapable of diagnosis by such evidence has not been so diagnosed.
A "Loss" of a licence or certificate means a deprivation of such licence or certificate in such circumstances that the insured is unlikely by reason of bodily injury or illness(Whether or not a classified illness)to obtain a restoration of such licence or certificate and "Loss or any conjagation thereof" has a corresponding meaning.
A "Licence" or "certificate" means all licence and certificate held by the insured in connection with his occupation and loss as defined shall mean the loss of all such licence and certificates.
"Loss of income" means a loss of remuneration for performing the duties of occupation as stated in the schedule.
"The insured" shall where the context admits include the insured and his Legal personal representative.
TABLE OF BENEFS:
Section A:
A monthly benefit in the schedule in respect of any such disability or imposition caused as aforesaid by bodily injury or illness (Other than a classified illness), such monthly benefit to commence upon the expiration of one hundred and twenty consecutive days of disability or imposition and to continue until the cessation of such disability or imposition or the end of twelve calendar months from the expiration of the said period of one hundred and twenty consecutive days whichever shall first occur.
Section B:
A monthly benefit as stated ill the schedule ill respect of such disability or imposition caused as aforesaid by a classified illness such monthly benefit to commence and continue in like manner as is stated in section A above.
Section C:
If upon the completion of benefit paid under section A or section B it is not certain whether or not the insured will lose ills licence: A monthly benefit as stated in the schedule in respect of any such disability or imposition cause as aforesaid by bodily injury or illness or classified illness such monthly benefit to commence upon the expiration of benefit under section A or B and to continue until the cessation of such disability or imposition or the end of a further period of twenty four calendar months whichever shall first occur.
Section D:
A benefit as stated in the schedule in the case of the loss of the licence and / or the certificate caused as aforesaid by bodily injury or illness (other than a classified illness).
Section E:
A benefit as stated in the schedule in the case of the loss of the licence and/or the certificate caused as aforesaid by classified illness.
Section F:
Costs or other legal expenses or any other expenses such costs or expenses having been reasonably and properly incurred by the insured and with the consent to writing of the underwriters by reason of the insured having been called to attend any court of enquiry or legal or other proceedings ill connection with the happening of any event which has given rise or might give rise to a claim under this policy but so that the maxim u m payment under this section shall be £250 or currency equivalent ill respect of anyone such event.
PROVISOS:
Provided always that:
1. The underwriters shall not be liable to make payments under both section A or B hereof ill respect of anyone period of disablement or imposition but if the insured would (but for this proviso) have been entitled to claim under either of the said sections then he shall be entitled to elect under which one of the section he will make his claim.
2. If the underwriters shall have made any payment or payments of monthly benefit under any of section A, B and C hereof and the insured or his personal representative shall by reason of the event occasioning such a payment or payments of monthly benefit become entitled to any cash payment under either section D or E hereof the underwriters shall be entitled to deduct of any such the aggregate of any such payments of monthly benefit from any such cash payment.
3. The underwriters shall be liable to make payment under both section D or E hereof ill respect of the loss of the licence and/or the certificate but if the insured would but for this proviso have been entitled to claim under either of the same section then he shall be entitled to elect under which one of the same sections he will make his claim.
4. The monthly benefit payable ill consequence of an imposition as aforesaid shall not exceed the monthly loss of income consequent upon such imposition.
5. The underwriters shall not be obliged to effect settlement under either sections D or B hereof until a period of one hundred and twenty days has elapsed from the date on which the insured shall have given notice as required by the claim procedure hereinafter prescribed and no liability shall attach to the underwriters ill the event of the death of the insured prior to the expiration of the same period.
6. All monthly benefits payable hereunder shall be apportionable fro m days today.
7. Entitlement or payment of any monthly benefit shall cease immediately upon the death of the insured.
8. Without prejudice to any antecedent rights of the parties this policy shall ipso facto terminate and cease to have effect if:
a: The insured ceases to be habitually and gainfully employed as stated ill the said schedule under occupation and emp1oyer.
b: The insured dies
c: A payment is made by the underwriters under either section D or E .
d: The insured undertakes crop dusting, seeding or fertilization spraying fish sporting , cattle mustering or any other like form of flying involving abnormal hazards.
e: The insured voluntarily or involuntarily undertakes active duties with any armed force other than part time training on a noncombatant assignment.
f: The insured attains the age of 59 years.
EXCLUSIONS:
1. No benefit is payable under this policy in the case of bodily injury, illness or classified illness directly or indirectly resulting from:
a: War, invasion, acts of foreign enemies, hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection or military or usurped power.
b: Intentional act or intentional omission inducing self- injury or suicide attempted suicide assault provoked by the insured duelling or (except in \-, bona fide self-defence) fighting.
c: Intentional exposure of the insured to exceptional danger (except in an attempt to save human life or to prevent loss of substantial damage to aircraft, equipment or other property of substantial value).
d: Any criminal act of the insured for which the insured shall have been liable to imprisonment.
2. No benefit is payable under this policy:
a: In the case of illness(whether a classified illness or not)which is a venereal disease or
b: In the case of bodily injury resulting directly form venereal disease or
c: In the case of a sequel of venereal disease.
3. No benefit is payable under this policy in the case of bodily injury directly or indirectly sustained while the insured is in a state of permanent or temporary insanity.
5. No benefit is payable under this policy in respect of any imposition or the loss of the licence and/or the certificate as a result of stipulations imposed by the licence issuing authority relating to the requirement of age for eligibility to hold such a licence or certificate.
CONDTTIONS:
This policy is issued subject to the following conditions compliance with which by the insured shall so far as the nature of the conditions permits be deemed to be a condition precedent to the liability of the underwriters and so that nothing in these conditions shall in any way prejudice or diminish any rights of the underwriters implied by operation of law:
1- Any fraud or any concealment of or failure to disclose or misstatement of a material fact in the making of a claim hereunder shall render policy null and void and all right to make a claim there under shall be forfeited.
2- Notwithstanding anything to the contrary contained in this policy no liability shall attach to the underwriters to the extent to which the insured
is also entitled to benefit under any other policy of insurance insuring the insured against any of the risks hereby insured (other than any personal accident insurance) unless written notice of the existence of that other policy shall have been given to the underwriters and the underwriters acquiescence has been noted by endorsement hereon.
3- The insured shall advise the underwriters of the type and number of all additional licences obtained and of all changed in the type or number of the licences stated in the schedule.
4- The jnsured shall in all respect ob3erve and comply with the claims procedure hereinafter prescribed.
5- This policy shall in all respects be construed according to the law of Iran.
CLAIMS PROCEDURE:
1. In the event of disability or imposition as aforesaid or loss of the licence and/or certificate the insured shall within 28 days of the happening of such event give written notice therefore to Bimeh Iran (Iran Insurance Company) avenue Saadi Tehran.
And shall state the reason for such disability, imposition or loss as the case maybe so far as these are known to the insured, the date of notification shall be taken as the date upon which such notice was delivered to the above at the address state and all benefits payable hereunder shall be calculated upon the maximum sum insured at that dated.
The underwriters if they so desires shall be at liberty at their own expense to appeal against any such imposition or loss in the name of the insured and to employ its own solicitors counsel and medical advisors to conduct such appeal add the insured shall give all possible assistance and information in and about the preparation and conduct of such appeal.
2. The insured shall notify the underwriters forthwith upon becoming aware that any such court of enquiry of legal or other proceedings as are mentioned in section 5 of the aforesaid table of benefits is or are in contemplation or pending.
3. The insured shall if at any time required by the underwriters so to do submit to an independent medical examination at the expense of the underwriters and the insured hereby irrevocably authorises the underwriters and their representatives to obtain details of all medical reports and hospital record pertaining to the insured and to obtain information it considers necessary from any physicians & surgeons who have treated or been consulted by the insured and from the authorities to any hospitals at which the insured was treated. The insured will sign all authorities required by the underwriters for these purposes.