1. The policy does not cover any loss or liability:

a. while any insured vehicle is:

i. being driven outside the description of use or used for racing, pacemaking, reliability trial, hill climbing or speed tests, or being driven in preparation for any of these activities;
ii. being driven in an unsafe condition where the condition causes or contributes to the event which results in the loss or liability;

for the purpose of this Exclusion 1 (a) (ii), the term “unsafe condition” includes any permanent or temporary condition that may result in damage to the insured vehicle or any part of it;

iii. loaded or operated in excess of the manufacturer’s recommended specifications, but only where the excess loading causes or contributes to the event which results in the loss or liability.

Provided that Exceptions 1 (a) (ii) and 1 (a) (iii) will only apply if the Insured or the driver was aware or with reasonable diligence ought to have been aware of the unsafe condition or overloading.

iv. Being driven by any person who is not the holder of a licence for the appropriate class and use applicable to the operation of the insured vehicle or its components, or who is breaching any condition of their licence, provided this Exclusion will not apply if the driver had held, and is not disqualified from holding or obtaining, and actually obtains a licence, nor if the insured vehicle is being used for the purpose of teaching a learner to drive if all requirements of the law are being complied with;

v. being driven by any person who:

– is under the influence of any intoxicating substance or drug; or
– has a proportion of alcohol in the blood which exceeds the legal limit. This Exclusion will apply notwithstanding the driver may have died as a result of the accident; or
– has a proportion of alcohol in the breath which exceeds the legal limit; or
– fails to supply a blood or breath test as required by law; or
– fails to stop, or remain at the scene, following an accident as required by law;

A certificate of analysis of the driver’s blood or a reading from an evidential breath testing device of the driver’s breath may be used by the Company as sufficient evidence of the driver’s minimum blood or breath alcohol level at the time of the accident.

vi. being driven in breach of any enactment or regulations relating to work time or logbook rules. Provided that Exclusions 1 (a) (i) to 1 (a) (vi) will not apply in respect of loss or liability which results from theft or conversion.

b. arising out of a contract or agreement unless the Insured would have been liable even without such contract or agreement;
c. for death or injury which is recoverable under any statute or policy of insurance in substitution thereof;
d. for punitive, exemplary and aggravated damages;
e. which is directly or indirectly caused by:

i. war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, rebellion, revolution, insurrection, military or usurped power;
ii. confiscation, requisition, destruction of or damage to property by order of Government, Civil, Public or Local Authority unless the order is given for the purpose of preventing or controlling fire or any other event for which cover is provided by this policy;
iii. nuclear weapons material;
iv. ionising radiations or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this Exclusion 1 (d) (iii), combustion includes any self-sustaining process of nuclear fission.

f. arising from any intentional or reckless act or omission.

2. This policy does not cover any bodily injury, loss, damage, cost, expense or liability, of any nature whatsoever, directly or indirectly caused by, or in connection with an Act of Terrorism.

“Act of Terrorism” means: an act, including but not limited to the use of force or violence and/ or threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), which from its nature or context is done for, or in connection with, political, religious, ideological, ethnic or similar purposes or reasons, including the intention to influence any government and/or to put the public, or any section of the public, in fear.

3. This policy does not cover loss of or damage to Electronic Data, and any liability arising from this, directly or indirectly caused by, or in connection with a Computer Virus. This includes loss of use, reduction in functionality or any other associated loss or expense in connection with the Electronic Data.

However, this Exclusion does not apply to resultant damage to other insured property, which is not otherwise excluded.

“Electronic Data” means facts, concepts and information converted to a form useable for communications interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment. It includes programs, software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.
“Computer Virus” means a set of corrupting, harmful of otherwise unauthorised instructions or code including a set of maliciously introduced unauthorised instructions or code, programmatic or otherwise, which propagate themselves through a computer system or network of whatsoever nature. This includes but is not limited to “Trojan Horses”, “Worms” and “Time or Logic Bombs”.

4. This policy does not cover:

* liability for bodily injury which is covered by the Accident Compensation Act 2001 (‘Act’), and
* in particular, liability for bodily injury payable as reparation for any amounts which are covered by the Act, or would be covered but for:

i. a failure by the victim of offending to correctly notify a claim to the Accident Compensation Corporation within the time required under the Act,
ii. the victim’s decision, for whatever reason, not to claim any amount he or she would be entitled to claim under the Act,
iii. a decision by the Accident Compensation Corporation to decline a claim or limit its liability in whole or in part and for any reason whatsoever.