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YOUR FRIENDLY MEXICAN
INSURANCE COMPANY
Is pleased to protect you within the limits of the Mexican
Republic.
SPECIAL
PRECAUTIONS
Remember that you are in another Country.
The laws and traffic regulations are different from those at
home.
If your car is un-drivable and you need to leave the country,
please work with your Mapfre Tepeyac adjuster to obtain a
special government permit.
FOR ANY
CLAIM REPORT, PLEASE HAVE YOUR POLICY AVAILABLE
In case of any insurance need please contact your nearest Mapfre
Tepeyac office.
Take all precautions advisable in order to prevent further
damages.
Do not make any arrangements with third parties. Do not admit
responsibility or make offers of payment without previous
consent from the adjuster or the company.
Any accident must be reported to our adjuster or to the Mexican
authorities while your insurance policy is in force and before
re-crossing the border, otherwise your claim may not be honored.
Our adjuster is your best friend. In case of an accident let him
give you valuable aid and assistance.
NOTICE: IN CASE OF CANCELLATION MINIMUM RETENTION OF PREMIUM BY
THE COMPANY IS $7.50 M/A.
NOTICE: PILFERAGE AND VANDALISM EXCLUDED. THEFT IS FOR THEFT OF
ENTIRE CAR.
Mapfre Tepeyac, S. A., (hereinafter called the company)
insures within limits of the Mexican republic, in favor of the
person (hereinafter called the insured) whose name and address
are herein indicated, in accordance with the conditions of the
policy and during the policy period, against such of the risks
that may be suffered or caused by the vehicle described, as are
specifically designated of the insertion of a sum insured
or the word covered in the specification of the risks
appearing on the reverse side hereof.
The maximum sum to which the coverage afforded by these policy
amounts is established in the specification of risks hereof, so
that no payment to be made by the company on account of one or
several losses arising from the materialization of any of the
various risks covered by this insurance shall exceed the sum
stipulated in each section of the said specification of the
risks.
The company’s maximum liability by connection with the coverage
afforded hereunder is equal to the sum of the specific amounts
assigned to each of the various risks covered by the policy, and
is indicated to the corresponding space as under sum insured.
The company agrees that within the terms, exceptions and general
conditions of this policy, the payment of such indemnities as
may become payable hereunder to the insured shall be effected
once the damage suffered or caused by the vehicle described has
been proven and adjusted.
In witness whereof Mapfre Tepeyac, S.A., signed these presents
in the City of Mexico,D.F.
NOTICE:
No representation or warranty is made by any person to the
insured, the purchaser, or to any other person as to the
enforcement of this policy or the terms hereof in any
jurisdiction other than Mexico, or as to the applicability of
any law or procedure other then the law or procedure of Mexico
in or to any accident covered hereby, or any action or
proceeding affecting this policy. No representation, warranty or
guarantee is made that this insurance policy affords protection
to the insured, or to any other person against any punitive
action including detention or incarceration, by the police or
other law authorities of Mexico.
ALL
CLAIMS MUST BE REPORTED IN MEXICO BEFORE RE-CROSSING THE BORDER
AND DURING THE TERM OF COVERAGE, OTHERWISE YOUR CLAIM CAN BE
REJECTED
Please consider the
following preface carefully:
DEFINITIONS
1.- As used in the policy, insured means any person driving
the insured vehicle with the consent of the owner.
2.- Insured vehicle.- The vehicle that is named in the face
of the policy and which is specified by its Vehicle
Identification Number.
3.- Driver.- Means any person driving the insured vehicle
with the consent of the owner.
4.- Occupant.- The person, persons riding the insured vehicle
and in the designed place for passengers.
5.- Insured amount.- Is the maximum liability of the company
for each insurance coverage specified on the face of the policy,
but not exceeding the real value of the damages caused, and in
no case shall it exceed the insured value of the vehicle.
6.- Deductible.- Is the amount that the insured must pay in
each accident indemnifiable by any of the risks covered in the
policy.
7.- Collision.- Means the impact between two or more objects.
8.- Trailer.- Means a vehicle designed to be pulled by a:
I. Private passenger auto
II. Pick up or Van
III. Motor home.
IV. Tractor
9.- Accident.- Means an unexpected event which is
unintentional.
10.- In order to constitute a loss which the company is
obligated to indemnify under the policy, the loss incurred must
arise out of an occurrence in the Republic of Mexico, involving
the insured vehicle, and occurring within the inclusive dates
and times of the policy coverage.
11.- this policy applies only to civil liability and provides
no coverage with respect to criminal penalties.
12.- This policy does not cover
liability for bodily injury to or death of persons occupying the
insured vehicle at the time of the occurrence.
13.- Medical expenses covered under section 5 apply to the
occupants of the insured vehicle.
14.- In order to present a claim under the present policy,
the loss must be reported to a company adjuster or
representative before leaving the Republic of Mexico.
15.- The policy does not offer a legal defense to the
policyholder when the policy holder is sued.
16.- Claims for damage to the insured vehicle under section 1
and section 2 are subject to the deductible indicated on the
face of the policy.
17.- In case of Total Loss due to collision or upset,
Mapfre Tepeyac, S.A., (the Mexican Insurance Company) will
require the following documents in order to settle a claim.
a) Original Title of the vehicle, duly endorsed.
b) Entry permit form (if required).
c) If the vehicle is financed or leased, a copy of the
contract and a letter from the financial or leasing corporation
to the Mexican Insurance Company containing the actual balance
and stating that upon receiving the corresponding payment from
the Company, they will send to Mapfre Tepeyac, S.A. the original
title of the vehicle duly released.
d) The Company shall accept or refuse liability within 30
days from receiving all documents.
18.- In the case of Total Theft of the insured vehicle,
Mapfre Tepeyac will require the following documents in order to
settle a claim.
a) A stolen vehicle report from the Minesterio
Público (local D.A. office) stamped by the local police Dept.
b) A stolen vehicle report from the Policia Federal de
Caminos (Mexican Federal Highway Police).
c) A "courtesy stolen vehicle report" from your local Highway
Patrol or Police Dept.. (where the vehicle is registered).
d) Original title of the vehicle, duly endorsed.
e) If the vehicle is financed or leased, a copy of the
contract and a letter from the financial or leasing corporation
to the Mexican Insurance Company containing the actual balance
and stating that upon receiving the corresponding payment from
the Company, they will send to Mapfre Tepeyac, S.A., the
original title of the vehicle duly released.
f) Temporary Permission Entry.
g) The Company shall accept or refuse liability within 30
days from receiving all documents.
19.- These notes are an integral part of this policy.
GENERAL CONDITIONS
SPECIFICATION OF RISKS
SECTION 1
a)
COLLISION, UPSET AND GLASS BREAKAGE
(WITH DEDUCTIBLE).- The material loss or damage suffered by the
vehicle herein described as a consequence of collision or upset
or the breakage of glass forming part of said vehicle described
herein and covered under this item a), The Company shall pay
only for such damages in excess of the deductible stated on the
face hereof, which amount shall always be borne by the insured.
Such deductible shall be applicable on each and every accident
indemnifiable and replacement parts shall be settled in
accordance with the current costs in the Mexican Republic.
b)
TRANSPORTATION.-
The material damages to the vehicle herein described caused by
stranding, sinking, burning, explosion, collision or upset or
derailment of the carrying vehicle whether by land, air or
water; sling loss during loading, transshipment or unloading and
the contribution of the insured in general average and salvage
charges for which he would be liable.
c)
TOWING CHARGES.-
In the event of any loss covered hereunder, the Company agrees
pay the towing expenses within the Mexican Republic to the place
designated by the Company for the repairs, as well as any
necessary expenses incurred in the maneuvers and operations to
put the vehicle in a condition to be towed.
The
deductible for this section is a 2% of insured amount with a
minimum of $500.00 DLLS. for cars and $1,000.00 DLLS. for other
vehicles (pickups, vans recreational vehicle, etc.).
SECTION 2
a)
FIRE, LIGHTING AND EXPLOSION.-
Damages suffered by the vehicle herein described caused by fire,
lighting and explosion, with deductible.
b)
THEFT OF VEHICLE.-
The total theft of the entire vehicle with deductible, (as
opposed to theft of a part, e.g. a spare tire).
c)
STRIKES AND RIOTS.-
Damages caused to the vehicle during strikes or riots, labor
disturbances, civil commotion, or damages caused in the course
of repressing such actions, with deductible.
d)
METEOROLOGICAL PHENOMENA AND OTHERS.-
Damages caused to the vehicle by tornado, hurricane, hail,
earthquake, volcanic eruption, floods (overflowing of rivers,
lakes or inlets), landslides, fall or collapse of constructions,
buildings, structures or similar objects, fallen trees or
branches thereof, with deductible.
Under Sections 1 and 2, special equipment installed in or
upon the vehicle is also covered. For the purposes hereof,
special equipment shall be construed to include lettering,
advertisements, radio, clock, fog and spot lights, outside
mirrors, visors and other accessories.
The deductible for this section is a 5%
of insured amount with a minimum of $500.00 DLLS. for cars and
$1000.00 DLLS. for other vehicles (pickups, vans, recreational
vehicles, etc.).
SECTION 3
PROPERTY DAMAGE LIABILITY.-
Civil liability of the insured arising out of the use of the
described vehicle by the insured or any person driving it with
his consent, for material damages to any property not owned by
the insured, the driver or members of their households, nor
which property is under the custody of the Insured or the
Insured’s employees or agents, nor which property is in or upon
the Insured vehicle. In no event does this section cover
prejudice.
SECTION 4
BODILY INJURY LIABILITY.-
Civil liability of the Insured arising out of death or injuries
caused by the use of the described vehicle, as follows:
a) The legal indemnity payable
by the Insured for death or total or partial permanent
disability or temporary disability in accordance with the
Mexican Laws.
b) Medical and burial expenses,
as the case may be, of persons injured by the described vehicle,
as well as the expenses incurred for first aid.
c) Expenses and costs which the
Insured or the driver may be sentenced to pay in the event of
suit
brought against either or
both in accordance with the Mexican Laws.
LIABILITY FOR BODILY INJURIES TO OCCUPANTS OF THE INSURED
VEHICLE IS NOT COVERED.
SECTION 5
MEDICAL EXPENSES.-
Expenses incurred by the Insured or an occupant of the Insured
vehicle by reason of bodily injuries sustained while riding in
the cab and in the designed area for passengers caused by f,
collision or upset of the vehicle described herein.
The Company shall pay for the actual cost of services herein
below specified, up to maximum sum insured for each occupant, it
being understood, however, that the Company’s liability shall
automatically cease upon the disappearance of the effects of the
injury, either through recovery of the injured person or upon
his or her death or, otherwise, after a maximum period of e year
has elapsed, counted from the date of the accident.
In the event that the number of occupants at the time of the
accident is more than the maximum capacity of the insured
vehicle, the liability of the Company will be proportionally to
the insured amount agreed.
a)
HOSPITALIZATION.-
Room and board at the hospital and miscellaneous supplies,
including drugs, medicines and physiotherapy and other expenses
inherent to hospitalization.
b)
MEDICAL CARE.-
The services of legally authorized physicians surgeons,
osteopaths and physiotherapists, excluding specifically
chiropractic treatments.
c)
NURSES.- The
services of legally authorized nurses.
d)
AMBULANCE SERVICE.-
The expenses incurred in the use of an ambulance, when
indispensable.
e)
BURIAL EXPENSES.-
Burial expenses of up to 25% of the insured amount per person.
1.-EXCLUSIONS.-
This
Insurance shall not cover, in any event:
I.- Damages suffered
or caused by the vehicle when used in driving or operation
instruction.
II.- Damages
suffered or caused by the vehicle while being driven by any
person lacking a driver’s license issued by competent
authorities or whenever being driven by a person that at that
moment is under the influence of alcohol or drugs.
III.- Legal costs for the defense of the driver of the insured
vehicle in any suits arising from the accident or the cost of
bonds of any kind, as well as fines or any other obligations
other than the reparation of the damage.
IV - Theft of parts,
components or accessories, unless as a direct result of the
total theft of the insured vehicle.
V - Loss or damage
to the described vehicle as a consequence of war-like
operations, whether arising from foreign or civil war,
insurrection, rebellion, expropriation, confiscation, seizure or
detention by authorities or any other similar cause. Likewise,
the insurance does not cover loss or damage caused to the
described vehicle when being used for any military service, with
or without the consent of the insured.
VI - Civil liability
for injuries to any person of the household of the insured or
employed by him.
VII-
CIVIL LIABILITY FOR DEATH OR BODILY INJURIES TO THE DRIVER OR
ANY OCCUPANT OF THE DESCRIBED VEHICLE,
except for medical expenses, whenever cover under Section 5 of
the Specification of Risks; likewise, the insurance does not
cover liability arising from intentional misconduct by the owner
or the driver of the described vehicle.
VIII - Any indirect
loss suffered by the insured, including the loss of use of the
described vehicle.
IX - Brakeage or
mechanical breakdown or lack of strength of any part of the
described vehicle, unless directly caused by any of the risks
covered hereunder.
X - Loss or damage
due to the natural wear and tear of the insured vehicle and
components thereof, no depreciation in value
XI - Losses or
damages caused to the insured vehicle while driving on roads in
poor condition or through trails, forests, beaches, or any other
off-the-road places, and the effects of the sea shore unless
such damages are caused by any of the risks covered hereunder.
XII - Loss or
damages suffered or caused by the insured vehicle or civil
liability for damages or bodily injuries, while taking part
directly or indirectly in races or safety, endurance or speed
trials.
XIII - Damages
suffered or caused by the insured vehicle due to overloading or
by operations in conditions exceeding the rated or specified
capacity. Likewise, the Company shall not be liable for any
damages to causeways, bridges, scales or to any roadway or
underground installations, whether due to vibrations or the
weight of the vehicle and its load.
XIV - Damages
suffered or caused by the vehicle when used for purposes other
than those it is intended for and herein specified, such as
towing trailers or boats, unless such trailer or boat are
specifically covered hereunder, by express agreement.
XV - The damages to
the insured vehicle or damages caused to third parties, when the
vehicle is driven withough the consent of the owner or insured.
XVI - Pilferage or
vandalism to the insured vehicle or breach of trust.
2-TRAILERS AND BOATS-For
the purposes hereof, "trailer" shall be construed to mean a
house trailer, but excluding household goods and facilities and
personal belongings. "Boat" shall be construed to mean the
vessel specified in the face hereof and the platform or trailer
it may be mounted on, as a single unit.
Trailers and boats are
covered under sections 1,2,3, and 4 of the Specifications of
Risks, subject to the General Conditions hereof, only while
coupled to the insured vehicle.
Trailers and boats are
subject to a deductible, applicable to Section 1 and 2 of the
specification of risks.
The boat shall be
covered only while being ashore the liability of the Company
ceasing the moment it is uncoupled from the vehicle. Damages
suffered or caused by the boat while being loaded or unloaded
from its trailer or platform, are hereby excluded.
Liability (Section 3
and 4) shall not be construed to imply an increase in the
insured amount; but only an extension of the amounts covered by
the policy.
3.-PRIOR TERMINATION OF THE CONTRACT.-
The term of this insurance notwithstanding, the parties agree
that either may terminate it before the expiration date, in
which case the Company shall refund the unearned premium within
15days from the effective date of such termination, with
exception to policies which have paid a claim in which case the
company will make no refund of premiums.
4-
PRECAUTIONS IN CASE OF LOSS.
- Upon the occurrence of
an accident or loss the insured shall take all precautions
advisable under the circumstances to prevent further damages;
therefore, the insured shall not abandon the vehicle unless in
cases of force majors.
Failure to the insured to comply with the foregoing
provision, shall result in the refection of the indemnity to the
sum to which the original damage would have amounted if the
insured had complied with such obligation.
5-
LOSSES.- Upon
the occurrence of an accident or loss, covered hereunder, the
insured is obliged to immediately notify the Company as soon as
practicable except in cases of force major. Failure by the
insured to comply with foregoing provision, shall result in the
reduction of the indemnity to the sum to which the original
damage would have amounted if the insured had complied with such
obligation.
After notice of loss has been given the Company, it shall
make the appraisal and adjustment of damages within 72 hours
counted from the moment the vehicle is placed at disposal of the
Company. Upon making the adjustment and acceptance of the
liability, the Company shall either pay the insured the
appraised amount of indemnity or shall repair the damages.
Should the Company decide to repair the damages, such repairs
shall be make to the satisfaction of the insured. If the repairs
are not made to the satisfaction of the insured, the decision of
an umpire shall be requested as provided for in Clause 7.
In the even the vehicle does suffer damages the repair of
which requires the replacement of parts not available in the
market, the obligation of the Company shall be to pay the
insured the current list price of such parts as published by
authorized automobile dealerships in Mexico, plus the labor for
the installation of such parts, mutually agreed upon by the
Company and the insured or determined by a knowledgeable person.
In the even the Company does not begin the adjustment of
damages within 72 hours as provided for above, the insured shall
proceed with the repairs to the vehicle and shall demand payment
in cash thereof from the Company, as herein provided.
The Company shall not be liable for the damages suffered or
caused by the vehicle if the repairs were initiated without its
previous written consent, as this would prevent the Company from
knowing the extent of the loss and the facts and circumstances
which caused or influenced the occurrence, unless the Company
has not make the adjustment within the period of 72 hours
provided for above.
In the even of total theft of the vehicle, the Company shall
have the option of replacing it to the satisfaction of the
insured or to effect cash settlement for the actual cash value
of the vehicle, not exceeding the insured amount in force. Upon
payment of the indemnity as provided, the Company shall have no
other obligation, the insurance shall be automatically
terminated and the insured shall surrender the policy to the
Company.
The insured is required to cooperate with the Company by
attending court for all proceedings in connection with the
events which caused a claim against the Company. Failure of the
insured to comply with this obligation shall release the Company
from payment of any liability claim, in the event that this
failure may cause the insured to be declared liable, who
otherwise would have not.
In the event the insured has any claim or suit brought
against him for damages covered hereunder, he shall immediately
notify the Company and, if necessary, shall forward to the
Company every demand, notice, summons or other process received
by him.
The insured shall not admit any liability no shall incur any
expenses not authorized hereunder, not shall enter upon any
arrangements or transactions, without previous written consent
from the Company. Admission of liability by the insured shall
not be construed as the acceptance of such liability by the
Company.
In the event of theft or any other criminal act constituting
a claim hereunder, the insured shall immediately notify
competent authorities and shall cooperate with the Company in
the recovery of the vehicle or in the collection of the amount
of damages suffered.
When so requested and with a reasonable period of time, at
the earliest convenience, the insured shall issue a Power of
Attorney in favor of the Company or its appointee, who will on
behalf of the insured conduct all the proceedings, for the
defense and settlement of any claim or to conduct on its own or
the insured’s behalf any actions for the recovery of indemnity
of damages from third parties. The Company shall be at liberty
to conduct the proceedings or to make the settlements of any
claims and the Insured shall furnish all necessary information
or assistance.
Any assistance rendered to the Insured by the Company shall
not be construed as the acceptance of liability.
6.-
ADJUSTMENT AND ACCEPTANCE OF LIABILITY.-
For the purpose of adjusting the damages suffered by the Insured
vehicle, the Company shall, jointly with the Insured, appraise
such damages. Failure of the Insured to attend shall forfeit his
right to intervene, without prejudice of appointing an
arbitrator in the even of disagreement.
The intervention of the Company in the appraisal shall no be
construed to mean acceptance of any liability whatsoever with
regard to the loss.
In any event, the Company shall accept or refuse liability
within 30 days from receiving all necessary documents and
information.
7.-
ARBITRATION.-
In the event of any difference between the Insured and the
Company regarding the amount of any damage or loss, the matter
shall be submitted to arbitration by an arbitrator appointed in
writing by both parties. In the even the parties do not agree
with the decision issued by the arbitrator, each party shall
appoint its won arbitrator, within one month from the date one
of the parties does so require the other to do so in writing.
The two arbitrators, before beginning their work shall appoint
an umpire in case of disagreement.
In the event that one of the parties refuses to appoint an
arbitrator or has not done it within the above expressed term
or, if the arbitrators do not agree as to the appointment of the
umpire, the courts shall, at the request of any of the parties
appoint the arbitrators, the umpire or all. However, the
Comision Nacional de Seguros y Fianzas may appoint the
arbitrator and the umpire, if so requested in mutual agreement
by both parties. Death of one of the parties or dissolution if a
corporation, while the arbitration is being carried out, shall
not annul or affect the appointment of arbitrators or their
actions. In the event any the arbitrators may die before a
report has been given, a substitute shall be appointed as
hereinabove provided. Each party shall bear the expenses of its
own arbitrator. The fees and expenses of the umpire shall be
borne jointly.
The arbitration referred to in this Clause does not imply
acceptance of liability by the Company; arbitration shall only
determine the eventual amounts of loss to be paid. Parties
hereto are free to exercise all pertinent legal actions.
8.-
SALVAGE- It is
expressly agreed that in the event the Company does pay the
insured amount in force or in lieu thereof replaces the vehicle,
any salvage or recovery shall become Company property in the
corresponding proportion.
9.-
LOSS OF RIGHT TO INDEMNITY.-
In the event of any misrepresentation what so ever in the claim
presented by the insured, the insured shall lose all rights what
so ever to indemnity hereunder.
10.-
LIMIT OF LIABILITY.-
Liability of the Company shall not exceed the actual value of
the damages caused, on the date of the accident to the
components of the insured vehicle plus the reasonable cost of
installation thereof and under no circumstances shall it exceed
the insured amount of said vehicle, as provided in Clause 11.
11.-
REDUCTION AND REINSTATEMENT OF INSURED AMOUNT.-
All indemnizations paid by the Company shall reduce the insured
amount by the same sum, but it may be reinstated at the request
of the insured and by payment of the additional premium.
In the event the Policy has several items, reduction and
reinstatement shall be applicable to each.
12.-SUBROGATION.-
In the event of any payment under this Policy, the Company is to
be subrogated to all insured’s rights of recovery therefore
against any parties responsible for the loss. If the Company so
requires, subrogation, shall be by means of a notarized
instrument. When due to any act or failure to act of the
insured, subrogation or its effects are hindered, the Company
shall be released of any obligation hereunder.
13.-OTHER INSURANCE.-
The insured shall immediately notify the Company in writing of
any other insurance in force with other Companies covering the
same property, stating the name of the Underwriter and the
insured amount.
The Company in not liable for a greater proportion of such
loss than the applicable limit of liability of the policy bears
to the total applicable limit of liability of all valid and
collectible insurance against such loss.
14.-COMPETENCE.-
In the event of controversy, the complainant shall carry through
the conciliation procedure set forth in Article 135 of the
General law of Insurance Institutions and in the event that the
Comisio’n Nacional de Seguros y Fianzas does not appoint an
arbitrator, the courts of Mexico City shall be competent.
15.-
PRESCRIPTION.-
Rights hereunder shall prescribe within two years from the date
of the occurrence giving rise thereto and any claim against the
Company must be submitted within that term. In the event of
misrepresentation as to the loss, the term referred to shall
begin to count from the date the Company has had a knowledge
thereof and in the event of loss of which parties were ignorant,
from the day such loss is brought to their knowledge, proof of
such ignorance to be produced by the parties.
Prescription shall be interrupted not only by ordinary cause
but also by the appointment of arbitrators or by the
commencements of the proceedings provided for in Article 135 of
the General Law of Insurance Institutions.
16.-
LANGUAGE.-This
translation into English, was prepared only for the insured’s
convenience, therefore must be noticed that only the Spanish
version is binding and also that Mexican Laws will apply.
17.-
PREMIUM.-
Premium is due and payable upon the issuance hereof and shall be
paid against a premium receipt issued by the Company.
INSURANCE CONTRACT LAW
Article 25.-If
the contents of the policy or its modifications do not agree
with the offer, the insured may request the necessary amendments
within 30 days from the receipt of the policy. After that
period, the contents of the policy and modifications thereto,
shall be construed as having been accepted in full by the
insured.
Article 91.-
The Company shall not be liable for any sum other than the
Actual Cash Value of the property at the time of the loss.
Article 92.-
Except as otherwise agreed, the Company shall not be liable for
a greater proportion that the sum hereby insured bears to the
Actual Cash Value.
Article 93.-Parties
hereto may determine in the contract the estimated value of the
insured property, for the purposes of indemnity.
Article 100.-If
there is other insurance carried by the insured against the same
risks and covering the same property, the insured shall give
written notice to other Companies of the existence of such other
insurance. Said notice must be in writing and shall state the
names of the other Companies as well as the insured amounts.
Article 101.-
In the event the insured does intentionally omit the notice
required by article 100 or if the other insurance is carried
with the purpose of obtaining an illicit profit the insuring
companies shall be released of any obligation there under.
Article 102.-Insurance
contracts referred to in Article 100, entered upon in bona fide,
on the same or different dates for an insured amount higher than
the actual value of the insured property, shall be valid and
shall be enforceable with each of the insuring companies for and
amount equal to the value of losses suffered, within the limits
of the insured amount.
LEGAL
AID
CLAUSE 1.-Regardless
of the provisions under Clause Once Paragraph III in General
Conditions, this Policy is hereby extended to cover the legal
defense of insured or insured’s authorized driver ("driver"),
when the involvement of the insured vehicle in a traffic
accident leads to criminal and/or administrative action.
Legal defense covered by Company shall include:
1.1 Legal defense of insured or Driver up to the
conclusion of any action, including filing of bail or guaranty
without the public attorney or court with jurisdiction to secure
temporary release or conditional sentence, if any.
1.2 Counseling of insured or insured’s agent or
Driver for the purpose of filing a report of total theft of the
vehicle.
1.3 Counseling and actions intended to release
the vehicle if retained by the authorities on account of a
traffic accident or total theft.
CLAUSE 2.-In
the event that the insured retains an attorney to provide the
aforementioned service, Company shall reimburse insured
reasonable legal fees and, if any, bail premiums, guaranties,
and evidenced legal expenses up to the following limits:
INSURANCE LIMITS:
2.1 Attorney’s feed: up to $1,000 USD.
2.2 Legal expenses inherent to actions resulting from a
single traffic accident: up to $500 USD, attorneys expenses,
experts fees, notary expenses, etc., according to the receipts
and invoices.
2.3 The total premium for any bail filed to secure temporary
release or conditional sentence of Driver.
2.4 The total premium for any bail filed to secure repair of
direct damages caused by the accident: up to Liability insurance
limit covering persons and property specified on the cover page
of the policy. This benefit shall be applicable while the court
determines Driver’s liability or bail to secure release of
Driver or the vehicle.
2.5 Cash guaranty to secure temporary release or conditional
sentence of Driver: up to $6,000 USD.
CLAUSE 3.- The
limits under Clause 2 shall be extended as a whole up to $30,000
USD, provided, however, that the attorney (s) who defend or
counsel Driver are designated and retained by Company.
CLAUSE 4-
Company’s obligations relative to providing the service covered
hereunder or disbursing legal fees, expenses, bails and
guaranties shall be reinstated automatically.
CLAUSE 5- In
order to have the above insurance available, insured shall:
5.1 Report the occurrence of any traffic accident covered
hereunder to Company within 24 hours thereof at Company’s
headquarters or any of its branch offices.
5.2 Cause the driver to be present at every penal or
administrative action where Driver’s presence is required as a
result of a traffic accident.
5.3 Provide Company or the attorney designated thereby any
original or notarized copies of powers-of-attorney and documents
that will serve as evidence of the legal capacity of Company and
its agents, ownership of the vehicle, and legal stay of the
vehicle and Driver in Mexican territory, if this be the case.
Failure to meet of the above requirements shall cause Company
to refuse to provide the above service or reimburse insured.
CLAUSE 6.- Upon
filing of a bail or guaranty, insured or the Driver shall be
bound to meet each and every provision in the Mexican penal
legislation in order to prevent revocation of release.
In the event that bail or guaranty is cashed for causes
imputable to Insured or Driver, Insured hereby undertakes to
reimburse Company the value of any bail or guaranty it pays for
this purpose.
CLAUSE 7.- In
the event that more than one vehicle involved in the traffic
accident is covered by Company, and there is conflict of
interest, Company shall advise the respective insured parties
and take emergency actions, as required.
The Insured parties shall henceforth retain their own
attorneys, and Company shall pay legal fees, expenses, bails,
and guaranties up to the insurance limit stated under Clause 2
above.
CLAUSE 8.-Company
shall not be bound to provide the services or make the
reimbursements listed below:
8.1 Liability payable by insured, repairs, traffic fines,
penalties, or towing and storage of Vehicle.
8.2 The cost of bail or any other form of guaranty ruled by
the authorities to secure repair of indirect damage.
8.3 Bail premiums, guaranties, attorney’s fees and expenses
incurred as a result of offenses other than those normally
related to vehicle traffic.
8.4 Bail premiums, guaranties, attorney’s fees and expenses
payable under Clause 2 above, if Insured or Driver.
8.4.1 Cause the accident deliberately or notoriously
intentionally in the opinion of the judicial or administrative
authorities, as applicable.
8.4.2 Are drunk (DWI) or under the influence of drugs at the
time of the accident, unless the drugs are prescribed by a
licensed physician.
8.4.3 Fail to respond to summons or citations issued by the
authorities with jurisdiction.
8.5 Company shall not pay damage, expenses or fees other than
those provided above.
CLAUSE 9.- The
insurance shall be subject to the terms under the General
Conditions of the Policy. Except for the provision under Clause
one paragraph III.
IMPORTANT DISCLAIMER.
This
translation into English, was prepared only for the insured’s
convenience, therefore must be noticed that only the Spanish
version is binding and also that Mexican Laws will apply.
TRAVEL ASSISTANCE COVERAGE
CLAUSES
FIRST.- The
insurance referred to this policy covers the following persons
as insured:
A) The owner of the vehicle to
which this automobile insurance policy is issued, as long as it
specifically includes the travel assistance coverage;
B) If the said vehicle is owned
by a corporation, association or any other collective entity,
the insured status will be granted to the driver expressly or
tacitly authorized by such owner;
C) The occupants of the said
vehicle, as long as their number does not exceed the authorized
seating capacity limit, as specified by the manufacturer.
All the persons above mentioned will be considered as an
insured and will be entitled to the benefits of this coverage.
SECOND.- The
vehicle entitled to the benefits of road technical assistance,
will be exclusively the one shown in the face of the policy.
THIRD.- The
insurance referred to in the policy, will only be valid within
the territorial limits of the Mexican Republic.
FOURTH.-
Insured, as described in the first Clause of this policy, will
be entitled to the following assistance services and guarantees:
A)
MEDICAL TRANSPORTATION AND/OR REPATRIATION.-
When the Company’s physician determines it is medically
advisable to bring the insured to the nearest and most adequate
medical facility within the Mexican Republic, in order to
receive the proper medical care that his/her condition requires,
the Company will provide the necessary specialized medical
transportation.
Once in the hospital and in stable condition, if the
Company’s physician determines that it is medically advisable to
repatriate the insured to his permanent address or to the
medical facility closest to it, in the United States of America,
the Company will arrange and pay for this repatriation under
medical supervision.
B)
SENDING OF SPECIALIST.-
If while the insured is in hospital care or due to his/her
transportation or repatriation, the Company’s physician and the
physician in charge jointly determine the need for the services
of a specialist, and such qualified physician is not available
in the locality, the Company will arrange and pay up to the
amount of $1,000 USD, for the dispatch of a physician or
specialist in order to cooperate with the treating physician and
evaluate the need for evacuation.
C)
SENDING OF MEDICINES.-
The Company will send prescribed medication which is urgently
needed and cannot be found in the locality where the insured is
hospitalized or under medical treatment. The Company will send
such medicines and pay for the dispatch via air freight or
express courier services when such medicines are available and
currently sold in Mexican drugstores and when their
transportation is legally permitted. In all cases, the cost of
such medicines will be paid in full by the insured.
D)
MEDICAL UPDATES.-
The Company will provide the insured’s family with medical
updates of his/her condition as well as with information
concerning diagnosis and treatment, while hospitalized in the
Mexican Republic.
E)
MEDICAL REFERRAL.-
The insured will have access, 24 hours a day to a medical
referral hot line service providing information on physicians
and hospitals throughout the Mexican Republic. This service will
be available prior to and during the length of his/her trip.
F)
HOSPITAL DEPOSIT GUARANTEE.-
In case the insured requires emergency hospitalization and does
not have available economic means (cash, check, credit card) to
guarantee his/her admission to hospital, the Company will make a
down payment to the medical institution in his/her behalf, up to
the amount of $1,000 USD. Such deposited must be reimbursed by
the insured to the Company, interest free within 30 days
following the date when such deposit was made.
G)
TRANSPORTATION AND ACCOMMODATION EXPENSES TO JOIN DISABLED
INSURED.- If an
insured is traveling alone and has to be hospitalized for a
period longer than five days the Company will pay for the
following.
a)
Round trip economic fare, to be used by a relative to the
location where the insured is hospitalized.
b)
Up to $60 USD per day for hotel accommodations, for a maximum of
10 days and $600 USD in total.
H)
UNANTICIPATED RETURN OF INSURED DUE TO DEATH A FAMILY MEMBER.-
The Company will provide the insured with a single economic fare
ticket when he or she has to unexpectedly cancel his/her trip
and in immediately return home, due to the death, in the United
States of America, of his/her spouse, parents or children and
only if the original means of transportation cannot be used for
this purpose.
I)
MEDICAL ASSISTANCE DUE TO AUTOMOBILE ACCIDENT OF INSURED WHILE
IN THE MEXICAN REPUBLIC.-
If while traveling in the insured vehicle, the insured has an
automobile accident in the Mexican Republic the Company will pay
for the hospital, surgery, medicines and professional medical
expenses in excess of $2,000 USD per person and $10,000 USD per
accident. The limit of such medical expenses will be for $2,000
USD per person and up to $10,000 USD per accident. The expenses
refer only to medical treatment provided while in the Mexican
Republic.
J)
EXTENSION OF TRIP DUE TO UNEXPECTED ILLNESS OR ACCIDENT.-
The Company will pay for the hotel expenses of an insured when,
due to his/her unexpected illness or accident and to the
specific joint medical prescription of the Company’s physician
and the physician in charge, he or she has to extend to $60 USD
per day, with a maximum $600 USD in total.
K)
RETURN OF MORTAL REMAINS.-
In the event of the death of any of the insured while traveling
in the Mexican Republic, the Company will provide all necessary
arrangements and pay for the repatriation of the mortal remains
of the insured to his/her permanent address within the United
States of America. The maximum limit for all expenses incurred
will be $5,000 USD.
L)
RETURN OF DEPENDENT CHILDREN.-
If the insured, being a parent or guardian of children under 18
years of age traveling with him or her, has either had to be
hospitalized or died during the trip, the Company will provide
these minors with a one way economic fare ticket for their
return to the United States of America. If these minors have to
travel alone, the Company will provide a responsible adult to
escort them during their return trip.
M)
EMERGENCY MESSAGE TRANSMISSION.-
The Company will transmit, at its own expense, emergency
messages concerning any event covered by this policy, between
the insured and his/her family members.
N)
TOURIST INFORMATION.-
The insured will have
access to a 24 hour hot line to obtain tourist information on
Mexican highways, hotels and official procedures (passports,
vaccines, custom duties, exchange rates, etc.).
In no case whatsoever will the Company assume any
responsibility concerning the quality or outcome of services
rendered by referred individuals or institutions. All services
thus requested by the insured will be at his/her own expense and
risk.
Ñ)
ADMINISTRATIVE ASSISTANCE.-
The Company will assist the insured, by providing information
and advise on procedures to be carried out in case of loss
and/or theft of documents and personal items.
FIFTH.- The
Company will not be responsible for any costs or expenses
arising from;
1)
Natural disasters
such as floods, earthquakes, volcanic eruptions, cyclones and
hurricanes;
2)
Actions and their consequences resulting from terrorism, or
mutiny;
3)
Actions and their
consequences resulting from military or public security officers
in the performance of their duties;
4)
Damages caused by radioactive nuclear energy;
5)
Damages sustained or caused by the insured vehicle while being
driven by a third party, without the express consent of the
owner or insured, or in the event of theft of the insured
vehicle.
6)
Services rendered that are not directly claimed from and through
the Company, except in extreme cases where the insured has been
unable to make first contact and can provide evidence and proof
of such circumstances.
7)
Medical expenses outside the Mexican Republic; nor fees and
treatment prescribed by chiropractors, or herbalists not
endorsed by the legally acknowledged Mexican professional and
sanitary authorities under the title of Medico Cirujano.
8)
Any illness or accident related to chronic afflictions,
preexisting medical conditions or those diagnosed prior to the
trip.
9)
Death related to suicide or any attempt thereof and its sequels.
10)
Death or injuries which are a direct consequence of the
insured’s intentional, unlawful or fraudulent actions.
11)
Assistance or any medical expense arising from pathological
conditions induced by the voluntary intake of alcohol, drugs,
toxic substances, narcotics or any medicine not prescribed by a
physician; nor the assistance or related expenses arising from
mental illness.
12)
The acquisition and
use of prosthesis, eye glasses or assistance related to
pregnancy and its complications.
13)
Injuries while
participating in professional sports or competitions.
14)
Assistance and
expenses or transient passengers picked up by the driver in
response to "rides" or (hitchhiking) requests.
15)
Meals, beverages,
telephone calls and any other additional expense other than the
regular hotel fee per room per night.
16)
Expenses or costs incurred when the original or ancillary
purpose of the insured’s trip is to receive medical advise or
treatment.
17)
Minor or sight
illnesses or illnesses which can be treated by local doctors or
which do not prevent the insured from continuing his/her travel
or returning home.
18)
Rescue of insured on mountains, summits, deserts, oceans or
seas.
19)
Assistance to insured over 75 years old.
SIXTH.- The
insurance referred to in this policy covers the insured vehicle
in the following events:
A)
TOWING OF VEHICLE.-
In the event of the immobilization of the insured vehicle due to
mechanical failure or breakdown, the Company will make the
necessary arrangements and pay for the towing of such vehicle to
the nearest town, to the garage specifically chosen by the
insured. Expenses payable under this provision shall be subject
to a limit of $250 USD.
In all cases the insured will be responsible for all
expenses, spare parts, and fuel needed to repair his/her
vehicle. In no case whatsoever will the Company assume any
responsibility concerning the quality or outcome of such
repairs.
B)
TRANSPORTATION OF PASSENGERS.-
If at the time of the vehicle’s breakdown, there are two or more
passengers, the Company will provide suitable means to transport
them to the nearest town where the vehicle is being towed.
C)
EXCLUSIONS.- THE
COMPANY WILL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES
ARISING FROM
1)
VEHICLES EXPRESSLY USED FOR FREIGHT TRANSPORTATION, PUBLIC
PASSENGER TRANSPORTATION OF VEHICLES WEIGHING IN EXCESS OF 3.5
TONS., SUCH AS TRUCKS, PASSENGER BUSES, MOTOR-HOMES AND TRUCK
TRACTORS.
2)
VEHICLES 12 YEARS OLD OR OLDER
SEVENTH.- Upon the
occurrence of any event covered by this insurance policy, the
insured must immediately notify the Company by calling the
following telephone numbers; 01-800-001-8900 or (5) 611-0900,
and request assistance by providing his/her name, policy number
and license plate number of his/her vehicle, location and
service (s) requested. Assistance will be provided by bilingual
people and all telephone calls will be paid by the Company.
EIGHTH.- All
services and guarantees covered by this insurance policy will be
provided subject to the following limitations:
Medical considerations, the nature of the emergency the
insured’s condition and ability to travel, as well as the other
relevant circumstances including airport availability, weather
conditions and distance to be covered will determine whether the
transportation will be performed, how it will be performed, to
where and under what conditions. All evacuations and/or
repatriations are carried out under constant medical
supervision.
ANY OF
THE FOLLOWING MEANS OF EMERGENCY TRANSPORTATION MAY BE USED;
AIR
AMBULANCE
SCHEDULED
AIRLINE
GROUND
AMBULANCE
NINTH.- The
insured agrees, as of this moment, that in the event of any
payment under this policy, the Company shall be subrogated, up
to the amount paid, to the insured’s rights of recovery thereof
against any parties responsible for the loss , as well as to
provide any document that the Company may request for this
purpose.
TENTH.- The
Company will pay and reimburse all expenses covered in this
policy, except those claimed by the insured in bad faith,
intended for his unlawful profit or made under false pretense.
ELEVENTH.- All
services referred to in this policy will be provided:
A)
Directly by the Company or by third parties contracted by the
Company under its responsibility;
B)
Unless force major or exceptional causes beyond of the Company
under prevail;
C)
In interference to the insured vehicle, only when said vehicle
is driven by any of the insured or with their express consent
and permission.
TWELFTH.- All
events and circumstances not contemplated within the scope of
this policy will be regulated in accordance to the conditions of
the risk 1 to 5. This contract shall be governed by and
construed in accordance with the Mexican legislation and venue
for any action under this contact shall lie in Mexico City, in
the Mexican Republic.
This
translation into English, was prepared only for the insured
convenience, therefore must be noticed that only the Spanish
version is binding and also that Mexican Laws will apply.
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