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
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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.
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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.
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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.
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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.
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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.
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b) Fire, Lightning and/or Explosion. - Material damage that the vehicle may
suffer as a consequence of fire, lightning and/or explosion.
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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.
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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,
buildings, structures or other similar objects, including falling trees and branches.
Deductible. - The coverage’s 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:
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:
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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.
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b) Medical Attention - The medical services required that are provided by
professionals legally authorized to practice their profession.
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c) Nurses - The cost of the services of nurses that are legally authorized to
practice their profession for a maximum period of 30 days.
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d) Ambulance Service - The expense incurred for ambulance service, when
this is considered indispensable.
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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:
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a) The payment of expenses incurred abroad for hospitalization, medical
attention, nurses and ambulance service.
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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 joins the plan
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c) The difference in the diagnostic services, laboratory tests and X-rays that
were performed abroad.
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d) Expense for a hospital room when it is different from the standard room,
as well as meals for the room companion.
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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:
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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:
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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 dollars US.
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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 dollars US.
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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 dollars.
In every instance, the Insured agrees to comply with the requirements that for this
purpose the Company needs.
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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 dollars and the Estado de México to a maximum amount
equivalent to 8,700 dollars.
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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
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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.
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4. In the event of a loss, the Insured agrees to comply with the following requirements:
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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.
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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.
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c) The insured agrees to attend all proceedings of a penal, civil and administrative
nature that require his presence
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5. The Company shall not be obligated to make any payment under this coverage, in the
following cases:
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a) The Company shall not pay any expense made as a result of civil liability.
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b) If in the opinion of the Judicial Authorities, the accident was caused by the
Insured in an intentional manner.
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c) When the traffic accident occurs' the premium has to have been paid.
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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.
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6. The terms, conditions and exclusion 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.
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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 are 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
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a) Medical expenses of the passenger for injuries suffered or for death that occurs within
the trailer or boat.
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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.
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2) To use the vehicle for purposes other than those specified in the policy.
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3) To participate either directly or indirectly with the vehicle in races or in safety,
endurance or speed tests.
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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:
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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, liabilities resulting from
intentional felonious acts in which the owner or the driver participates are not
covered.
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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.
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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.
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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.
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e) When the vehicle is participating in safety, endurance or speed competitions or
tests, unless otherwise agreed to.
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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
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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.
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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.
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i) Theft of parts and accessories, unless it is as a direct consequence of the total
theft of the vehicle that is insured.
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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.
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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
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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.
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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.
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n) Loss or damage to the insured automobile when exposed to the normal action
of the tide, including when a flood occurs.
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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.
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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.
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q) Malicious mischief, vandalism and theft of contents and/or partial theft of any
accessory belonging to the automobile, boat or trailer.
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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
occupant 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.
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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.
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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.
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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 coverage’s in force
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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.
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e) Notification of Claims.
The Insured is obligated to inform the Company as soon as it has knowledge of any suit,
trial, subpoena, and 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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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.
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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 other 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.