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Terms and Conditions for SpectraLife Subscribers


DEFINITIONS

DEATH: shall mean the death of the insured caused by accidental, violent, external and visible means.

PERMANENT DISABILITY: shall means total paralysis or injuries which might arise following an accident, resulting into the Insured being permanently bedridden or other injuries causing permanent disablement from engaging in or giving attention to his or her professional duty of any kind.

CONDITIONS
  1. This Policy does not apply to bodily injury whether fatal or non-fatal or blindness directly or indirectly caused by or resulting from or traceable to:-

    1. An accident happening when the insured is under the influence of intoxicating liquor or of a drug (unless administered under the order of a hospital or a qualified medical practitioner) or is in a state of insanity;
    2. The Member being affected (temporarily or otherwise) by alcohol, drug or insanity;
    3. Suicide or attempted suicide, war, invasion, act of foreign enemy hostilities (whether war be declared or not) civil war, rebellion, riot, civil commotion, revolution, insurrection or military or usurped power;
    4. The Member playing football for professional clubs, or polo or motorcycling (whether as driver or passenger) or mountaineering (with the use of rope or guides) skiing, skijoring, tobogganing, bob-sleighing hunting or participating in speed or duration tests or races of any kind (other than athletics);
    5. Childbearing or other physical causes peculiar to the female sex; e.g surgery or
    6. Air-travel (other than as a fare-paying passenger by a regular schedule Air-line service).

  2. The Insured shall within Thirty (30) days give notice to the Company of any change of address, or of any change in occupation or pursuits, or of any disease, physical defect or infirmity by which anMember has become affected.

  3. No alteration in the terms of this Policy and no endorsement hereon shall be valid unless signed or initialed by the attorney of the Company or by an authorized official of the Company.

  4. The Company shall not be affected by notice of any trust, charge, lien, assignment or other dealing with this Policy and the receipt of the Insured or of his personal representatives for any compensation hereunder shall in all cases be an effectual discharge to the Company.

  5. If a Member shall sustain any injury in respect of which a claim is or may be made under this Policy was written notice thereof shall be given to the Company as soon as possible and in any event within three calendar months after the date of the injury. If the said Member shall die notice of death shall be given forthwith. The Insured with the assistance of the Member or his personal representatives shall at his or their expense furnish to the Company such certificates, information and evidence as the Company may from time to time reasonably require in the form and of the nature prescribed by the Company. The Company shall be allowed at its own expense upon reasonable notice to the Insured to have a medical Examination of that Member from time to time or in the case of death upon reasonable notice to the said Member's personal representatives to have a post mortem examination of the body. No claim under this Policy shall be payable unless the Insured or his personal representative have complied with the terms of this condition.

  6. As soon as possible after the occurrence of an accident which may be the subject of a claim under this Policy the Member must obtain and follow the advice of a registered Medical Practitioner. The Company shall not be liable for any consequences arising from failure by the Member to obtain and follow such advice.

  7. All differences arising out of this Policy shall be referred to the arbitration of the person to be appointed by both parties, or, if they cannot agree upon a single Arbitrator, to the decision of two Arbitrators one to be appointed in writing by each party, and in case of disagreement between the Arbitrators, to the decision of an Umpire who shall have been appointed in writing by the Arbitrators before entering on the reference, and an Award shall be a condition precedent to any liability of the Company or any right of action against the Company.

    If the Company shall disclaim liability to the Insured or his personal representatives for any claim hereunder, and if such claim is not (within 12 calendar months from the date of such disclaimer) referred to arbitration under the provisions herein contained then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder.

  8. 8. The Company may cancel this Policy by sending thirty days' notice by registered letter to the Insured at his last known address and in such event the premium shall be adjusted accordingly.

MEMORANDA ATTACHING TO AND FORMING PART OFGROUP PERSONAL ACCIDENT INSURANCEPOLICY NO.: GPA/01/2/000XX/22 INSURED: SPECTRANET LIMITED & HER CUSTOMERS
  1. MEMO 1: DISAPPEARANCE CLAUSE

    1. Notwithstanding anything contain herein to the contrary, it is hereby declared and agreed that after twelve (12) months have elapsed, the company having examined all evidences available shall have reason to suppose that an accident has occurred and that the disappearance of life shall be considered to constitute a claim under this Policy
  2. MEMO 2: JURISDICTION CLAUSE

      Notwithstanding anything contained herein to the contrary, it is hereby understood and agreed that this Policy is subject to a Jurisdiction Clause as follows:

    1. Compensation for damages in respect of judgments delivered or obtained in the first instance in a Court of competent jurisdiction outside the geographical area.
    2. Cost and Expenses of all litigation recovered by any Claimant from Insured which are not incurred in and recoverable in the geographical area.
    3. For purpose of this clause the geographical area shall mean the Federal Republic of Nigeria.
  3. MEMO 3: EXPOSURE CLAUSE

    1. It is hereby agreed that subject otherwise to its terms, limitations, and condition, this insurance covers claims arising out of bodily injury caused by exposure to the elements as a result of an accident covered by this Policy.
  4. MEMO 4: ONUS OF PROOF CLAUSE

    1. It is a condition that the insured shall prove to the satisfaction of the company that any accident happening shall not have been occasioned by or through or in consequence directly or indirectly of any of the events excluded from this insurance by exceptions of this policy.
  5. MEMO 5: AGE LIMIT CLAUSE

    1. It is hereby understood and agreed that no liability shall attach to the Company under this Policy in respect of any insured person who is less than 16 years or more than 65 years of age at the time of accident. Subject otherwise to the terms conditions and exceptions of the Policy.

PROVISIONS

Forming part of and relating to items in the Schedule

  1. No compensation shall be payable in respect of any one Member:

    1. Under Item 1 unless the death takes place within twelve calendar months after the date of the injury.
    2. Under Item 2(A) except on proof satisfactory to the Company that the disablement has continued for a period of 100 weeks from the date of the injury and in all probability will continue for the remainder of the Insured's life.

  2. The Insured shall be entitled to compensation under more than one Item in respect of the same injury to one Member subject to the following restrictions:

    1. Compensation shall not be payable under more than one Item of Items 1, 2(A)

  3. Upon payment of any claim under Item 1 or Item 2(A) for which compensation as stated in the Scale forming part of the Schedule is 30% (thirty per cent) or more of the basic Sum Insured under Items 2(A) all further liability of the Company hereunder shall cease in respect of the Member concerned.


  4. In the event of a Member being accepted for insurance whilst already suffering from a permanent disablement, or if the insurance be continued after such disablement in accordance with the terms of Proviso 3 above, it is hereby understood that should such Member sustain any further disablement compensation as provided by this policy for such further disablement under items 2(A) shall be calculated as that which would have been payable had the previous disability not existed.


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