BMW Motorrad InsuranceExclusively for the BMW rider

BMW Insurance

BMW Motorrad Insurance

Contents

Welcome to BMW Motorrad Insurance 1

Information 2Making a claim 2Travelling abroad 2

Motorcycle Policy Definitions 3

Motorcycle Policy Cover 5Contract of Insurance 5

Section 1 Loss of or Damage to your Motorcycle 6 Excesses 6 Exceptions to Section 1 7

Section 2 Liability to Third Parties 8 Exceptions to Section 2 9

Section 3 Payments made under compulsory insurance regulations and rights of recovery 10

Section 4 Emergency treatment 10

Section 5 No Claim Discount 10

Section 6 Death benefit 11

Section 7 Clothing and personal belongings 11

Section 8 Track days 12

Section 9 Travelling Abroad – compulsory insurance requirements 12

Section 10 Test Ride motorcycle 13

Section 11 Courtesy motorcycle 13

General Exceptions applicable to All Sections 14

General Conditions applicable to All Sections 15

Important notice 18

Complaint Procedures, Regulation and Compensation 19

Legal Expenses 21

1

Welcome to BMW Motorrad InsuranceThe BMW Motorrad Insurance policy is designed to meet the needs of BMW motorcycle riders and is arranged by Devitt Insurance Services Limited, Insurance Brokers. Registered Office: North House, St Edwards Way, Romford, Essex RM1 3PP. Registered in England and Wales number 2438974. Devitt Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Our Financial Services Register number is 312328 and our permitted business is arranging contracts of General Insurance.

BMW Motorrad Insurance is underwritten by Equity Red Star.

Equity Red Star (Syndicate 218 at Lloyd’s) is managed by Equity Syndicate Management Limited, which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority. (Registered number 204851.)

Equity Syndicate Management Limited is registered in England and Wales number 426475. The registered office is Library House, New Road, Brentwood, Essex CM14 4GD.

The terms, exceptions and conditions of the policy are explained in the following pages.

As part of our service to customers Devitt Insurance Services Limited wish to ensure that you are fully aware of our Terms of Business. These will have been set out for you at the time that you took out the insurance and we undertake to advise you of any changes to the Terms of Business during the currency of the policy.

This policy forms part of your legal contract with your insurer and defines exactly what is provided with each level of cover. Please refer to your current policy schedule for confirmation of the level of cover you have chosen.

You should keep your policy documents in a safe place and make a note of your policy number so that it is available when you make any enquiries about your BMW Motorrad Insurance policy.

A Claims Helpline is provided to assist you if you have an accident and the contact number is:

Tel 0800 145 5738 (Please note that calls may be recorded)

Further details of ‘Making a Claim’ are also provided on page 2 of this policy. Please keep a note of this number.

If you have any queries about your insurance cover, please contact BMW Motorrad Insurance as follows:

Tel 0845 300 4504 (Please note that calls may be recorded)

Fax 0800 300 4723

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InformationMaking a claim

Legal procedures make it vital that you report any accident at once. Strict time scales have been set for dealing with claims, in particular those involving bodily injury. You should report any claim or incident likely to give rise to a claim as soon as possible. Failure to do so can affect Equity Red Star’s ability, as your insurer, to mount the best defence on your behalf. If the delay is extreme, Equity Red Star may refuse to cover you. In the event of an accident you must report it immediately. You can contact the Claims Helpline telephone number 0800 145 5738. Full details of the incident will be taken.

In case of an accident

If you have been involved in an accident and your motorcycle cannot be ridden, the Claims Helpline will look after your immediate needs, arranging:

■ for your motorcycle to be recovered to an authorised BMW Motorrad Dealer for repair or to an alternative approved repairer, if desired.

■ to deal with any immediate concerns you may have, such as contacting those who need to know that you have been involved in an accident.

Important

When telephoning the Claims Helpline, please have your policy number ready (as shown on your policy schedule and Certificate of Motor Insurance). This will enable the Helpline team to act quickly. The Claims Helpline number is:

Tel 0800 145 5738

Travelling abroadIf you take your motorcycle abroad

A ‘Green Card’ is an International Certificate of Motor Insurance, required as proof of motor insurance cover by countries outside of the policy Territorial Limits.

All countries within the policy’s Territorial Limits have agreed that a ‘Green Card’ is not necessary for cross border travel. Your Certificate of Motor Insurance therefore provides sufficient evidence that you are complying with the relevant laws on the compulsory insurance of motor vehicles in any of the countries within the policy’s Territorial Limits that you visit.

There is no cover for countries outside the Territorial Limits. Your insurer may, however, be prepared to cover countries outside the Territorial Limits on request, in which case an additional premium will be required by your Insurer for the extension of policy cover and we will provide you with a Green Card.

Please refer to Section 9 of the policy wording for further information.

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Motorcycle Policy DefinitionsTo save lengthy repetition, wherever the following words or phrases occur, they will have these meanings:

Accessories – Additional or supplementary parts of your motorcycle that have been fitted after its manufacture and are not directly related to its function as a motorcycle. These include radios that form an integral part of the motorcycle, top boxes, tank bags and other luggage carriers while fitted to your motorcycle.

Certificate of Motor Insurance – A document that you must have as evidence that you have the minimum motor insurance needed by law. It shows who can ride your motorcycle, what purposes it can be used for and whether you are permitted to ride other motorcycles.

Wherever the expression Certificate of Motor Insurance is used in this contract, it means the certificate that is currently in force and not one that has been withdrawn or has ceased to be valid.

Courtesy motorcycle – A BMW motorcycle loaned to you by an authorised BMW Motorrad Dealer for the purpose of service or repair.

Endorsement/Endorsements – Changes in the terms, exceptions and conditions of your policy which are printed on or attached to your current policy schedule.

Excess – The amount of any claim you will have to pay if your motorcycle is lost, stolen or damaged.

Fire – Fire, self-ignition, lightning and explosion.

Insurer/your insurer/their/them/they – Equity Red Star underwrites this policy.

Market value – The cost of replacing your motorcycle with one of a similar type and condition.

Motorcycle – A mechanically propelled two-wheeled vehicle, with or without a sidecar or trailer attached. A three-wheeled vehicle, having two wheels on one axle where the centres of the points of contact of such wheels and the road are less than 18 inches apart shall also be classed as a motorcycle.

Period of insurance – The normal period of time covered by this policy as shown in the policy schedule and any further period for which your insurer agrees to insure you.

Permitted riders – Any person permitted to ride as described under the section of your current Certificate of Motor Insurance headed ‘Persons or classes of persons entitled to drive’

Policy – The policy booklet, policy schedule, proposal form/statement of fact and Certificate of Motor Insurance, forming the Contract of Insurance.

Policy schedule – The details of you, your motorcycle and the insurance protection provided to you by the insurer.

Proposal form/Statement of fact – The document recording the statements made and information provided by or for you when you apply for cover.

Terms – All terms, exceptions, conditions and limitations which apply to the policy.

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Territorial Limits – Great Britain, Northern Ireland, the Isle of Man, the Channel Islands, the Republic of Ireland, Andorra, Austria, Belgium, Croatia, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, San Marino and the Vatican City, Serbia, Slovakia, Slovenia, Spain, Sweden and Switzerland.

Test Ride motorcycle – A BMW motorcycle loaned to you by an authorised BMW Motorrad Dealer for the purpose of test riding.

Theft – Theft or attempted theft.

The insured/you/policyholder – The person or persons described as the insured in the policy schedule.

Trailer – Any form of trailer which has been specifically built to be towed by a motorcycle.

We/us/BMW Motorrad Insurance – Devitt Insurance Services Limited, Insurance Brokers, who arrange BMW Motorrad Insurance. Devitt Insurance Services Limited are authorised and regulated by the Financial Conduct Authority.

Your motorcycle/insured motorcycle – Any motorcycle described in the policy schedule and any other motorcycle for which the details have been supplied to us and a Certificate of Motor Insurance bearing the registration mark of that motorcycle has been delivered to you and remains effective.

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Motorcycle Policy Cover

Comprehensive

Third Party Fire and Theft

Contract of insuranceThe policy is a contract between you and the insurer. This policy describes the insurance cover provided during the period of insurance you have paid for, or have agreed to pay for, and for which the insurer has accepted the premium. For the contract to be valid, all the information you have given must be true and complete to the best of your knowledge and belief, otherwise your policy may not protect you in the event of a claim.

This policy booklet, the proposal form/statement of fact, the policy schedule and the Certificate of Motor Insurance form your policy and should be read together. Your policy is proof of the contract between you and the insurer.

How to read your policyThis policy must be read as a whole. The General Exceptions and General Conditions appearing on pages 14-17 apply to each section of the policy.

Cooling off period – Rights of cancellationYou may cancel this policy within 14 days of the date you receive it, or the start date of the period of insurance, whichever is later. This is a statutory cooling off period. You can do this by returning all your documents to Devitt Insurance Services Limited, North House, St Edwards Way, Romford, Essex RM1 3PP (including the Certificate of Motor Insurance). We will return any premium paid less a pro rata charge for the number of days for which cover has been given. This charge will be at least £15 plus insurance premium tax (IPT). The full annual premium is due if a claim involving the total loss of your motorcycle has been made during that period.

If you do not exercise your right to cancel your policy within the statutory cooling off period, it will continue in force.

For your cancellation rights outside the statutory cooling off period, please refer to the General Conditions section of your policy.

Governing LawUnless the Insurer agrees otherwise:a) the language of the policy and all communications relating to it will be Englishb) English law will apply to this contract of insurance

Operative sectionsSections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and Legal Expenses are operative.

Section 1 is operative only in respect of loss or damage caused directly by fire or theft. Sections 2, 3, 4, 5, 6, 7, 8, 9 and Legal Expenses are operative.

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Section 1 – Loss of or damage to your motorcycle

Loss of or damage to your motorcycleIf your motorcycle is lost, stolen or damaged, your insurer will, at their option:

■ pay for your motorcycle to be repaired; or

■ replace your motorcycle; or

■ pay for the amount of the loss or damage.

The same cover also applies to accessories and spare parts relating to your motorcycle while these are on your motorcycle.

The maximum amount your insurer will pay will be the market value of your motorcycle.

If, to the knowledge of the insurer, your motorcycle is subject to a hire purchase or leasing agreement, any payment will be made to the owner described in that agreement whose receipt will be a full and final discharge to your insurer.

Accident recoveryIf your motorcycle is disabled through loss or damage insured under this policy, your insurer will pay:

■ the cost of protection and removal of your motorcycle to an authorised BMW Motorrad Dealer.

■ the cost of delivery to you after the repair but not exceeding the cost of transporting your motorcycle to your address in Great Britain, Northern Ireland, the Channel Islands and the Isle of Man.

ExcessesIf your motorcycle(s) (including the motorcycle’s accessories and spare parts) is/are lost, stolen or damaged, you will have to pay the first part of any claim.

Your policy schedule will indicate the compulsory excess(es) applicable to your motorcycle(s).

All excesses are cumulative and you should pay careful attention to the policy schedule and any additional endorsements to establish the amount you will need to contribute in the event of a claim.

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Section 1 – Loss of or damage to your motorcycle contd . . .

Exceptions to Section 1Your policy does not cover the following:

1. Depreciation, wear and tear and any mechanical, electrical, electronic or computer faults, failures, malfunctions or breakdowns.

2. Loss of use or other indirect loss.

3. Damage to tyres caused by braking or by punctures, cuts or bursts.

4. Loss of or damage to accessories and spare parts by theft if your motorcycle is not stolen at the same time.

5. Loss or damage directly occasioned by pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speed.

6. Loss or damage to helmets and protective clothing greater than the cover provided by Section 7 of this policy.

7. Loss of value following repair.

8. Loss or damage arising from theft whilst the ignition keys of your motorcycle have been left in or on your motorcycle.

9. Loss or damage if your motorcycle is confiscated or destroyed by, or under the order of, any government or public or local authority.

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Section 2 – Liability to Third Parties

Your liability to third partiesYour insurer will insure you in respect of all sums which you may be required to pay by law arising from death or injury to third parties and up to £20,000,000 for damage to their property as a result of an accident caused by:

■ your motorcycle;

■ any other motorcycle ridden by you in Great Britain, Northern Ireland, the Channel Islands and the Isle of Man which does not belong to you or is not hired to you under a hire purchase or leasing agreement, provided that your current Certificate of Motor Insurance indicates that you can ride such motorcycle, is not a motorcycle which has been seized by, or on behalf of, any government or public or local authority and there is a current and valid policy of insurance in force for the vehicle being driven under this section;

■ any trailer while it is being towed by your motorcycle, subject to:

– the trailer being properly secured to your motorcycle by towing equipment manufactured for the purpose; and/or

– the method of towing staying within the manufacturers recommended towing limits and any other relevant law.

Your insurer will also pay up to £5,000,000 for legal expenses and costs for any claim or series of claims caused by one event, and for any other expenses for which you have their written authority to claim.

Liability of other persons riding or using your motorcycleYour insurer will also insure the following persons under this section in respect of all sums which they may be required to pay by law arising from death or injury to third parties or damage to their property as a result of an accident:

■ any person you give permission to ride your motorcycle provided that your Certificate of Motor Insurance allows that person to ride;

■ any person you give permission to use (but not ride) your motorcycle but only whilst it is being used for social, domestic and pleasure purposes.

Indemnity to legal personal representativesIn the event of the death of anyone insured under this section, your insurer will protect his/her legal personal representatives against any liability of the deceased persons, if that liability is insured under this section.

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Section 2 – Liability to Third Parties contd . . .

Legal costsYour insurer will pay for:

■ solicitors fees if anyone they insure under this section is represented at a coroner’s inquest or fatal accident inquiry or is defending any proceedings in a court of summary jurisdiction;

■ legal services up to an amount not exceeding £1,000 to defend anyone they insure under this section in the event of proceedings being instigated for manslaughter or reckless or dangerous driving causing death, provided that at the time of the occurrences the person they insure is 21 years of age or more.

Your insurer will only pay these legal costs if they relate to an incident which is covered under this section.

Exceptions to Section 2The cover under this section will not apply:

1. If any person insured under this section fails to observe the terms, exceptions and conditions of this policy as far as they can apply.

2. If any person insured under this section has other insurance covering the same liability.

3. To death or injury to any employee of the person insured which arises out of or in the course of such employment except where such liability is required to be covered by the Road Traffic Acts.

4. To loss of or damage to property belonging to or in the care of anyone insured under this policy who claims under this section, nor to property being conveyed by your motorcycle.

5. In respect of damage to any motorcycle, trailer or property where cover in connection with the use or riding of that motorcycle is provided by this section.

6. To any liability caused by acts of terrorism as defined in the Terrorism Act 2000 except where such liability is required to be covered by the Road Traffic Acts.

7. To any liability for more than £20,000,000 for damage to property and £5,000,000 for legal expenses and costs for any claim or series of claims (including any indirect loss or damage) caused by one event.

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Section 3 – Payments made under compulsory insurance regulations and rights of recoveryIf the law of any country in which this policy operates requires your insurer to settle a claim which, if this law had not existed, they would not be obliged to pay, your insurer reserves the right to recover such payments from you or from the person who incurred the liability.

Section 4 – Emergency treatmentYour insurer will reimburse any person using any motorcycle which is covered under this policy for payments made under the Road Traffic Acts for emergency treatment. A payment under this section will not prejudice your No Claim Discount.

Section 5 – No Claim DiscountIf you do not make a claim under your policy, your renewal premium will be reduced in accordance with the scale applicable at such time with your insurer (BMW Motorrad Insurance can tell you what the current scale is).

The No Claim Discount is applied to the policy premium as a whole (excluding any flat rate premiums) and in the event of a claim, the discount will be reduced in accordance with the table shown below, regardless of the number of motorcycles insured under the policy and which motorcycle was involved.

If you have four or more years No Claim Discount it will not be reduced unless you have more than one claim in the period of insurance.

No Claim Discount is not earned under a policy issued and in force for less than 12 months. Please note that this is no guarantee that your premium will not rise.

Number of years No Claims Discount at the start of the period

of insurance

No Claim Discount entitlement at the next renewal date of following:

1 Claim 2 Claims 3 Claims

4 or more years No Reduction 2 years Nil

3 years 1 year Nil Nil

2 years Nil Nil Nil

1 year Nil Nil Nil

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Section 6 - Death benefitIf you or your husband, wife or civil partner are accidentally injured while travelling on or getting onto or off your motorcycle and this injury alone within three calendar months results in death, your insurer will pay you or your legal representative £5,000.

The most your insurer will pay in any one period of insurance is £5,000.

Exceptions to Section 6The cover under this section will not apply:

1. to any injury or death resulting from suicide or attempted suicide.

2. if at the time of an accident, you or your husband, wife or civil partner is driving under the influence of alcohol or drugs or any other substance and this is an offence under the driving laws of the country in which the accident happened.

Section 7 - Clothing and personal belongingsYour insurer will pay for loss of, or damage to, crash helmets, clothing and personal belongings if they are lost or damaged because of an incident for which you are making a claim under Section 1 - Loss of or Damage to your motorcycle.

The most your insurer will pay for any one incident is £2,000.

If you ask your insurer to pay someone else, they will have no further responsibility to you once they have done so.

Exceptions to Section 7The cover under this section will not apply:

1. to loss or damage to money, credit or debit cards, stamps, tickets, vouchers, documents, securities, or to goods or samples carried in connection with any trade or business.

2. to loss or damage to property insured under any other policy.

3. to theft, unless the motorcycle is stolen at the same time.

4. unless you take all reasonable steps to protect your crash helmet, clothes or personal belongings from loss or damage.

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Section 8 – Track daysUse on motor sport circuits is permitted whilst your motorcycle is being used in connection with any track day event arranged by BMW (UK) Limited, BMW AG (or any of its subsidiaries) or an authorised BMW Motorrad Dealer.

Section 9 - Travelling abroad – compulsory insurance requirementsIn compliance with EU directives this policy provides, as a minimum, the necessary cover to comply with the laws on compulsory insurance of motor vehicles in:

■ any country which is a member of the European Union;

■ any country where the United Kingdom have signed the Multilateral Agreement to provide the equivalent minimum Road Traffic Acts cover of that country relating to civil liabilities arising from the use of a motor vehicle.

NB: The relevant countries change from time to time. BMW Motorrad Insurance can tell you the current list of eligible countries.

In addition to this minimum cover, the policy provides the cover shown in the policy schedule in any country in the Territorial Limits, subject to:

■ your motorcycle being normally kept in Great Britain, Northern Ireland, the Channel Islands or the Isle of Man.

■ use of your motorcycle for visits to countries outside Great Britain, Northern Ireland, the Channel Islands and the Isle of Man being of a temporary nature.

Cover includes:

■ transit by sea, air or rail in or between countries within the Territorial Limits;

■ reimbursement of any customs duty you may have to pay after temporarily importing your motorcycle into any country within the Territorial Limits, subject to your liability arising as a direct result of a claim covered under this policy;

■ General Average contributions, Salvage charges and Sue and Labour charges whilst your motorcycle is being transported by sea within any countries within the Territorial Limits, provided that your motorcycle is covered for loss or damage under this policy.

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Section 10 - Test Ride motorcycleUnder Section 1 – Loss of or Damage to Your Motorcycle and Section 2 – Liability to Third Parties, your insurer will extend cover to include riding by you of a Test Ride motorcycle whilst this is loaned to you by an authorised BMW Motorrad Dealer.

You will be responsible for the first £300 of any claim under Section 1 of the policy.

Section 11 - Courtesy motorcycleUnder Section 1- Loss of or damage to Your Motorcycle and Section 2 – Liability to Third Parties – your insurer will extend cover to include riding by you of a courtesy motorcycle for a period of 2 days whilst this is loaned to you by an authorised BMW Motorrad Dealer as a result of the motorcycle described in your policy schedule being repaired or serviced.

You will be responsible for the first £300 of any claim under Section 1 of the policy.

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General Exceptions applicable to All SectionsYour policy does not cover the following:

1. Any accident, injury, loss or damage while any motorcycle insured under this policy is being:

■ used otherwise than for the purposes described under the ‘Limitations as to use’ section of your Certificate of Motor Insurance;

■ ridden by any person other than as described under the section of your Certificate of Motor Insurance headed ‘Persons or classes of persons entitled to drive’ except that cover will not be withdrawn:– if the injury, loss or damage was caused as a result of your motorcycle being stolen or having been taken without your consent or other lawful

authority;– if the person riding does not have a driving licence and you had no knowledge of such deficiency.

■ ridden by you unless you hold a licence to ride your motorcycle and are not disqualified from holding or obtaining such a licence;

■ ridden by anyone else with your general consent who, to your knowledge, does not have a licence to ride your motorcycle, or is disqualified from holding or obtaining such a licence;

■ ridden by, or is in the charge of for the purpose of being ridden by any person to whom your motorcycle has been hired.

2. Any liability you have accepted solely by virtue of an agreement but which would not attach if that agreement did not exist.

3. Any loss, damage, liability, expense or bodily injury which is directly or indirectly caused by, contributed to or arising from:– ionising radiations or contamination by radioactivity from any irradiated nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;– the radioactive, toxic, explosive or other hazardous properties of any nuclear equipment or its nuclear parts.

4. Any consequence of war, invasion, act of foreign enemy hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power except so far as is necessary to meet the requirements of the Road Traffic Acts.

5. Any accident, injury, loss or damage (except under Section 2) arising during or in consequence of:– earthquake;– riot or civil commotion occurring elsewhere than in Great Britain, the Isle of Man or the Channel Islands.This exception will not operate if you can prove

that an accident, injury, loss or damage was not caused by any of these events.

6. Any accident, injury, damage, loss or liability caused by pollution or contamination, unless the pollution or contamination is caused by a sudden, identifiable, unexpected and accidental incident which happens during the period of insurance.

7. To any loss, damage, injury or death occurring whilst your motorcycle is being used in the part of an aerodrome or airport provided for the take off or landing of aircraft on the surface, aircraft parking aprons including the associated service roads and ground equipment parking areas and those parts of passenger terminals which come within the Customs examination area except where such liability is required to be covered by the Road Traffic Acts.

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General Conditions applicable to All SectionsYou must comply with the following conditions to have the full protection of your policy. If you do not comply with them your insurer may cancel the policy or refuse to deal with your claim or reduce the amount of any claim payment.

Claims procedure1. As soon as reasonably possible after any accident, injury, loss or damage, you or your legal representatives must give your insurer full details of the

incident. Any communication you receive about the incident should be sent to your insurer immediately. You or your legal personal representatives must also let

your insurer know immediately if anyone insured under this policy is to be prosecuted as a result of the incident or if there is to be an inquest or there has been a fatal accident.

2. You, or anyone else claiming under this policy must not admit to any claim, promise any payment or refuse any claim without the written consent of your insurer. If your insurer wants to, they can take over and conduct in your name, or in the name of the person claiming under the policy, the defence or settlement of any claim or take proceedings for their own benefit to recover any payment your insurer has made under this policy. Your insurer shall have full discretion in the conduct of any proceedings or the settlement of any claim. The person who is seeking payment under this policy shall give your insurer all the information and assistance necessary for them to achieve a settlement.

Cancellation3. You may cancel this policy within 14 days of the date you receive it, or the start date of the period of insurance, whichever is later. This is a statutory

cooling off period. You can do this by returning all your documents (including the Certificate of Motor Insurance) to Devitt Insurance Services Limited, North House, St Edwards Way, Romford, Essex RM1 3PP. We will return any premium paid less a pro rata charge for the number of days for which cover has been given. The full annual premium is due if a total loss claim has been made during that period.

If you do not exercise your right to cancel your policy within the statutory cooling off period, it will continue in force.

If you wish to cancel your policy after the initial 14 day cooling off period you will receive a refund in premium, less a pro rata charge for the number of days for which cover has been provided. However, no refund will be due if you have made a claim on your policy during the current period of insurance.

NB: A cancellation will only become effective from the date BMW Motorrad Insurance receive the return of the current Certificate of Motor Insurance or a Statutory Declaration, if you have lost the Certificate of Motor Insurance.

Your insurer or BMW Motorrad Insurance may cancel this policy by sending 7 days notice to your last known address if:

■ you don’t pay the premium or an instalment when we have notified you that the outstanding amount is required by a specific date;

■ you or anyone else covered by this insurance hasn’t met the terms and conditions in this document of insurance including those shown on your schedule;

■ you have not provided the requested documentation, e.g. proof of bonus;

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General Conditions applicable to All Sections contd . . .■ a change in your circumstances means that we or your insurer can no longer provide cover;

■ we or your insurer identify misrepresentation or fraud or any attempt to gain an advantage under this insurance to which you’re not entitled, see General conditions;

■ you behave in a manner that makes it inappropriate for your insurer or BMW Motorrad Insurance to continue your insurance, e.g. if you harass or show abusive or threatening behaviour towards our staff;

The cancellation letter will be sent to your last known address and will confirm the reason for cancellation.

The insurance will end immediately when the 7 days’ notice runs out. But if you’ve just taken out the policy or renewed with us and the premium is unpaid, we’ll cancel your insurance from the start/renewal date. In all cases you must return the Certificate of Motor Insurance to BMW Motorrad Insurance.

We will refund the balance of your premium that applies to the remaining period of insurance unless fraud has been identified. If a refund is paid, a cancellation charge will be deducted from the refund.

If a claim has been made, your insurer will cancel your cover but may not refund any premium. If you’re paying by instalments, you must still pay BMW Motorrad Insurance the balance of the full annual premium.

Other Insurance4. If at the time of any claim arising under this policy there is any other insurance policy covering the same loss, damage or liability, your insurer will only pay

their share of the claim.

This provision will not place any obligation upon your insurer to accept any liability under Section 2 that they would otherwise be entitled to exclude under Exception 1 to Section 2.

Your duty to prevent loss or damage5. You shall at all times take all reasonable steps to safeguard your motorcycle from loss or damage. You shall maintain your motorcycle in efficient

condition and your insurer shall have, at all times, free access to examine such motorcycle.

Premiums payable by Instalments6. If you are paying your premium in instalments and you miss a payment, your insurer will cancel your cover. You will be given seven days’ notice prior to

cancellation. You must then return the Certificate of Motor Insurance.

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General Conditions applicable to All Sections contd . . .

Your duty to comply with policy conditions7. The provision of insurance under this policy is conditional upon you observing and fulfilling the terms, provisions, conditions and endorsements of this policy.

Fraud8. You or any person acting for you must not act in a fraudulent manner. If you or anyone acting for you:

■ makes any claim under the policy knowing the claim to be false or fraudulently exaggerated in any respect; or

■ makes any statement in support of any claim knowing the statement to be false in any respect; or

■ submits any document in support of any claim knowing the document to be forged or false in any respect; or

■ makes any claim in respect of any loss or damage caused by your willful act or with your connivance;

then your insurer:

■ will not pay the claim;

■ may at their option cancel the policy;

■ may recover from you the amount of any claim paid in relation to the incident;

■ will not make any return of premium;

■ may inform the police of the circumstances.

Parties to this contract9. The parties to this contract of insurance are you and the insurer. No one else has any rights they can enforce under this contract except those they have

under the Road Traffic Acts.

Data Protection Act10. Please refer to the Data Protection notice within your policy documentation, which contains important information about the use of your personal details.

Please make sure that you read the Data Protection notice carefully.

By taking out this insurance policy, you confirm that your personal details may be used in this way. As the terms of the Data Protection notice will also apply to anyone else insured under your policy, you should also show the Data Protection notice to anyone else whose name you have given us in connection with your policy.

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Important noticeYou must tell us immediately about any changes to the information you have already provided. Please contact us if you are not sure if information is relevant. If you don’t tell us about relevant changes, your insurance may not cover you fully, or at all.

Here are some of the changes you should tell us about.

■ A change of motorcycle (including extra motorcycles and any temporary additional motorcycles).

■ All changes you or anyone else make to your motorcycle if these make your motorcycle different from the manufacturer’s standard specification (whether the changes are mechanical or cosmetic).

■ A change of address.

■ A change of job, including any part-time work by you or other riders, a change in the type of business or having no work.

■ A change in the purpose which you use your motorcycle for.

■ A new main user of your motorcycle.

■ Details of any rider who you have not told us about before or is excluded by the Certificate of Motor Insurance or an endorsement but whose driving is now to be covered.

■ Details of any motoring conviction, disqualification or fixed penalty motoring offence of any person allowed to ride or of any future prosecutions for any motoring offence.

■ Details of any accident or loss (whether or not you make a claim) involving your motorcycle or that happens while you are riding anyone else’s motorcycle.

■ Details if you or any other person allowed to ride your motorcycle suffers from a notifiable condition not notified to DVLA or any condition for which DVLA have restricted the licence.

■ Details of any non-motor conviction or prosecution pending for any person allowed to ride.

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Complaint Procedures, Regulation & Compensation

Complaint ProceduresIt is intended that you receive a first class standard of service from both your insurer and BMW Motorrad Insurance. However, there may be occasions when you feel that this has not happened. Should you have a complaint regarding this insurance, please contact BMW Motorrad Insurance or your insurer.

If your complaint is about BMW Motorrad Insurance

To contact BMW Motorrad Insurance, you should ring 0800 032 0590 prior to taking out cover and 0845 300 4504 after you have taken out cover.

Alternatively write to us, giving details of your complaint to the address below.

Customer Satisfaction ManagerBMW Motorrad InsuranceDevitt Insurance Services LimitedNorth HouseSt Edwards WayRomfordEssex RM1 3PP

Please always quote your reference number and/or your policy number.

If your complaint is about your insurer

If your complaint is not about the sale of this policy, please contact the Chief Executive of your insurer at the following address. They will respond to you directly.

Equity Red StarLibrary HouseNew RoadBrentwoodEssex CM14 4GD

Please quote your policy number and/or claim number.

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If you are not satisfied after contacting your insurer, you can ask the Policyholder and Market Assistance team at Lloyd’s to review your case. The address is:

Policyholder & Market AssistanceLloyd’sFidentia HouseWalter Burke Way Chatham MaritimeKentME4 4RN

Phone: 020 7327 5693 Email: complaints@lloyds.com Fax: 020 7327 5225

If a final response letter has not been sent to you within eight weeks, or if you have received a final response letter and you are still not satisfied with the answer, you may approach the Financial Ombudsman Service (FOS). Their address and telephone number is:

Financial Ombudsman ServiceSouth Quay Plaza183 Marsh WallLondon E14 9SPTelephone 0300 123 9 123

Taking any of the above actions will not affect your right to take legal action.

Regulation and CompensationYour insurer and Devitt Insurance Services Limited are authorised and regulated by the Financial Conduct Authority. The Financial Conduct Authority website includes a register of all regulated firms and can be visited at www.fca.org.uk. Alternatively they can be contacted on 0800 111 6768.

If Devitt / Equity Red Star is unable to meet its liabilities you may be entitled to compensation under the Financial Services Compensation Scheme (FSCS). Further information about compensation scheme arrangements is available at www.fscs.org.uk, by emailing enquiries@fscs.org.uk or by phoning the FSCS on 0800 678 1100 or 0207 741 4100.

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Legal ExpensesWelcome to ULR Additions.

Set out below are the full details of the “before-the-event” legal expenses insurance policy to assist and protect you in the event that you need to make a claim.

We want you to obtain maximum benefit from this policy. Please take a few minutes to read through the details and familiarise yourself with the services it provides. If you have any queries, or do not understand any part of the policy, please call us or your insurance broker; we will be happy to assist.

This policy has been arranged by Motorplus Limited (trading as ULR Additions) and Qdos Broker & Underwriting Services Limited and is underwritten by UK General Insurance Limited on behalf of:

Ageas Insurance Limited, Registered in England No.354568. Registered Office: Ageas House, Hampshire Corporate Park, Templars Way, Eastleigh, Hampshire SO53 3YA.

Motorplus Limited, Qdos Broker & Underwriting Services Limited and UK General Insurance Limited are authorised and regulated by the Financial Conduct Authority. Ageas Insurance Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. This can be checked on the Financial Services Register at www.fca.org.uk/register or by contacting 0800 111 6768.

Subject to the appropriate premium having been paid we agree to cover you as set out in this policy.

Unless expressly stated nothing in this policy will create rights pursuant to the Contracts (Rights of Third Parties) Act 1999.

Demands and NeedsThis policy meets the demands and needs of customers who want to insure against the risk of costs in the event that they wish to bring a claim for uninsured losses against an opponent following an incident involving a motor vehicle which occurs after the inception of this policy. The policy will cover you and any named driver and passenger for up to £100,000 any one claim in respect of claims for insured incidents which are wholly or mainly the fault of a third party. This policy will pay the insured person’s legal representatives fees and expenses together with adverse costs as set out in this policy which the insured person may be ordered to pay by a court, or which they agree to pay with our permission. We do not make any personal recommendation as to whether this policy will suit your individual circumstances.

Cancellation RightWe hope that you are happy with the cover this policy provides. You have the right to cancel the policy at any time by sending us notice in writing. If you send notice in writing within 14 days of receiving the policy then we will return any premium paid for this insurance in full provided that you have not made a claim. This is called the “cooling off period”. If you cancel at any other time, there will be no refund of any premium paid.

We may cancel this policy at any time by giving you 21 days’ notice in writing. If we cancel this policy, we will provide a pro-rata refund of the premium you paid provided you have not made a claim during the cover period.

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Making a claim 24/7Claims are normally handled within our Claims Centre.

If an accident occurs:• write down the details of each vehicle and driver• take the names and addresses of any witnesses

Any insured person may make a claim under this policy. Please note that all claims must be reported to us within 180 days of the insured incident.

Call 0800 145 5738 Or email claims@ulr.co.uk

Or write to

MotorPlus ClaimsKircam House5 Whiffler RoadNorwich NR3 2AL

Please quote Motor Legal in all communications.

When the insured person reports a claim, we will wherever possible take full details by telephone so that we can then take further action to assist the insured person straight away. On some occasions we will need further information. Where this is the case, we will provide the insured person with a claim form which must be completed and returned to us without delay.

The insured person must also send us any information or documentation that we request in order fully to consider the claim and allow us to take the necessary action.

REMEMBER The claims line is open 24 hours a day, 365 days a year.

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DefinitionsThe following words or phrases have the same meaning wherever they appear in this document in bold.

■ Adverse costs

Any legal costs (including profit costs, disbursements, VAT and interest) which the insured person pays the opponent by order of the court or with our prior written agreement. These may include, for example, the opponent’s solicitor’s fees, barrister’s fees and/or expert’s fees.

■ Approval, Approve(d), Approving

The act of us agreeing in writing to provide indemnity in accordance with the terms of this policy.

■ Claim(s)

The pursuit, against an opponent, of:

– uninsured losses arising out of damage to the vehicle, but only if the vehicle belonged to you; or

– uninsured losses arising out of loss or damage to any personal belongings in or on the vehicle, but only if they belonged to you; or

– damages for death or bodily injury sustained by an insured person whilst travelling in or on, or getting into or out of or on or off the vehicle; or

– any other uninsured losses sustained by you

to which we have given our approval to proceed with the claim and providing always that such uninsured losses or damages arise solely out of the insured incident.

■ Consent

Our written agreement to a particular course of action (such as settling a claim).

■ Cover Period

The period of time beginning with the date of inception of this policy and ending either:

• onthedateonwhichyou cancel this policy; or

• onthedateonwhichyou cancel your motor insurance policy; or

• after12calendarmonths

whichever is less.

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■ Disbursements

Any sum spent by the legal representative on behalf of the insured person in respect of services supplied by a third party, providing that:

• theinsured person received the services;

• theinsured person was responsible for paying the third party for the services;

• the insured person knew that the services were being provided by a third party;

• theserviceswereinadditiontoanddistinctfromtheservicessuppliedbythe legal representative to the insured person on their own account; and

• we have agreed the amount to be paid in advance of the third party being instructed.

Disbursements may include, for example, barrister’s fees (provided that the barrister is not acting under a Conditional Fee Agreement) or expert’s report fees.

■ Excess

The sum payable by the insured person being £500 in respect of each and every claim which includes damages for death or bodily injury or £nil in respect of any other claim.

■ Fees and expenses

Any professional fees reasonably incurred by the legal representative in pursuit of the claim together with any disbursements that they incur or pay, including, where appropriate, Value Added Tax.

For the purposes of this definition, “reasonably incurred” shall mean costs that are deemed by a court to be reasonable upon an assessment on the standard basis. Under the “standard basis” of costs assessment the court will only allow costs which are proportionate to the matters in issue and will resolve any doubt it may have in favour of the party claiming those costs, as to whether costs have been reasonably incurred and/or that they are reasonable and proportionate.

■ Funding Agreement

Any arrangement with the legal representative under which the fees and expenses (or their amount) in some way depends on the claim being successful or on the amount recovered. Examples include Conditional Fee Agreements (where no fees are payable if the claim is lost) and Damages-Based Agreements (where the amount paid depends on the amount of damages recovered).

■ Insured incident

Shall mean an incident which occurs within the cover period and the territorial limits involving your vehicle and the vehicle of a third party (including collisions) and which causes:

• damagetoyour vehicle; or

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• damagetoanypersonalbelongingswithinoronthevehicle; or

• thedeathoforbodilyinjurytoaninsured person who was travelling in or on, or getting into or out of or on or off the vehicle; or

• you to sustain any other uninsured losses; and

being the fault of the third party allows the insured person to be able successfully to make a claim. The event must be covered by the motor insurance policy issued in respect of your vehicle.

■ Insurer

UK General Insurance Limited on behalf of Ageas Insurance Limited. UK General Insurance Limited is an insurers’ agent and in the matters of a claim act on behalf of Ageas Insurance Limited.

■ Legal representative

Any appropriately qualified person (or company or firm) who has been approved by us to represent an insured person in pursuit of a claim against an opponent.

“The legal representative” is a reference to the specific legal representative who acts in a particular claim.

■ Motor Insurance policy

The policy of motor insurance for your vehicle which has been issued in accordance with the requirements of the Road Traffic Act 1988, to which this policy is attached.

■ Opponent

The third party responsible for the accident or collision which has given rise to an insured event under this policy and against whom the insured person wishes to bring a claim. Proceedings may not be issued against us, the insurer or your insurance broker or agent, nor may proceedings be issued against an employer where you are the employer and the driver is your employee.

■ Part 36 Offer

Any offer made by an opponent to settle a claim which may or may not offer any admission of liability, which may be made by either party at any time during the duration of the claim and if it is to be accepted, must be agreed within 21 days of the offer being made. Such an offer has the potential to cause the insured person to pay part of their opponent’s costs should the insured person reject an offer, continue with the legal proceedings and subsequently fail to obtain more than they were offered by the opponent, or should they accept outside the 21 day period. This includes offers made under Part 36 of the Civil Procedure Rules 1998.

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■ Partial Costs Order

A costs order that is in favour of the insured person but (for reasons unrelated to any Part 36 Offer) is for only a part of their costs. For example, the costs arising from a particular application may be dealt with separately from the costs of the claim as a whole.

■ Policy

This before-the-event legal expenses policy providing cover for adverse costs and fees and expenses, together with the policy schedule and any endorsement which attaches to it.

■ Territorial Limits

The European Economic Area (the European Union plus Iceland, Liechtenstein and Norway) and in addition the Isle of Man, Jersey, Guernsey, Albania, Andorra, Bosnia Herzegovina, Croatia, FYR Macedonia, Monaco, Montenegro, San Marino, Serbia, Switzerland and the European part of Turkey.

■ Terrorism

An act including but not limited to the use of force or violence and/or the 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), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public in fear.

■ Uninsured Loss(es)

Any loss directly arising from the insured incident in question that is not covered by any other insurance policy.

■ Vehicle

The vehicle specified in the motor insurance policy issued with this policy, which was being driven or ridden by a person entitled to drive or ride under the motor insurance policy, together with any caravan or trailer attached to such vehicle at the time of the insured incident.

■ We, Our, Us

MotorPlus Limited, trading as ULR Additions, an insurance intermediary who is authorised to manage claims on behalf of the insurer.

■ You, Your, Yourself, insured person

The named holder of this policy who is domiciled in the United Kingdom together with any other person who is entitled to drive or ride the vehicle under the motor insurance policy (including any other person who is a passenger in the vehicle).

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This policy Will CoverSubject to the terms, conditions, exclusions and limitations in this policy, and to the payment of the excess, we will indemnify an insured person for adverse costs and fees and expenses to a maximum of £100,000 in respect of any one claim, where:

• the adverse costs and fees and expenses are payable as a result of the pursuit of a claim directly arising from one or more insured incidents, occurring within the territorial limits and during the cover period; and

• We have given our prior approval to the pursuit of the claim before any legal proceedings have commenced; and

• the premium has been paid.

Approval will be given if there are reasonable prospects that the claim will be successful and that it can be pursued in a proportionate manner. If this is not the case, we will decline cover.

‘Reasonable prospects’ means a 51% or greater chance that you will be successful in your pursuit of legal proceedings.

In determining whether a claim can be pursued in a ‘proportionate manner’ we will consider whether a person without legal expenses insurance, and with the funds available to finance their own legal costs, would be likely to find the costs in question reasonable. The factors we will take into account in assessing whether those costs are reasonable include:

– the prospects of success and the likely costs of pursuing the claim;

– the amount claimed and the amount that is likely to be recovered;

– the amount of adverse costs that we would be likely to pay if the claim was unsuccessful;

– the prospects of enforcing a judgment or agreement;

– the circumstances of the insured incident, including the conduct of the insured person; and

– any other relevant factor.

This policy Will Not CoverWe will not indemnify the insured person for any of the following:

a Any legal action brought against the insured person;

b Any claim arising out of an insured incident that was not covered by the motor insurance policy;

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c Any claim (or any part of any claim) in which the insured person intends to be a self-representing litigant (otherwise known as a ‘litigant in person’), except where:

• the claim is allocated to the Small Claims Track in England and Wales and has been accepted by us; or

• We have given our consent;

d Any adverse costs or fees and expenses incurred prior to us approving the claim;

e Any claim which is settled or discontinued without our written consent;

f Any claim which was not notified to us within 180 days of the insured incident;

g Any adverse costs or fees and expenses arising out of proceedings other than those that we have approved in writing;

h Any adverse costs or fees and expenses which were incurred after any breach of the terms and conditions of this policy;

i Any adverse costs or fees and expenses which were incurred as a result of the failure of an insured person to discharge their obligations under this policy;

j Any fines, penalties or damages which the insured person is ordered to pay by a court (or other such authority);

k Any claim arising out of an insured person’s alleged dishonesty or violent conduct;

l Any claim arising out of an insured person’s alleged use of drugs or alcohol;

m Disputes arising from or relating to:

i parking offences;

ii criminal prosecutions or family proceedings;

iii judicial review or applications for judicial review;

iv enforcement proceedings;

v the terms and conditions of this policy, including the alleged rights of a person other than you to enforce the terms of this policy. For the avoidance of doubt no person other than those defined under the definition of insured person above shall be entitled to claim against this policy;

n Any adverse costs or fees and expenses in any claim where those costs are covered by another insurance policy or similar scheme including cover arising by virtue of an insured person’s trade union membership;

o Any monies or costs other than adverse costs and fees and expenses;

p Any claim where the opponent (or would-be opponent) cannot be traced or identified, or is not insured for the risks of a claim;

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q Any legal liability directly or indirectly caused by or contributed to by or arising from:

i ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel;

ii the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;

r Any other costs that are directly or indirectly caused by the insured event, unless specifically stated in this policy;

s Any damage or liability directly or indirectly occasioned by, happening through, or in consequence of war, terrorism, piracy, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority;

t Any damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds;

u Claims in excess of the limit of indemnity of £100,000 for any one claim;

v Claims where in our opinion there are no reasonable prospects of success;

w Claims in respect of damage or losses arising from races, rallies or competitions, or claims where the vehicle has not been maintained in accordance with the manufacturer’s recommendations and/or instructions – including servicing and vehicle faults;

x Claims where the legal representative has refused to continue to represent the insured person, or where the legal representative has been instructed to cease acting on the insured person’s behalf by anyone other than us;

y Where the insured person has disregarded our advice to accept a Part 36 Offer to settle a claim;

z Where we have advised the insured person that their claim would be best settled by other means than the issue of legal proceedings in a court of law within the United Kingdom;

aa Any adverse costs awarded as a result of the unreasonable behaviour (as determined by the courts) of the insured person or their legal representative. Please refer to the General Conditions for details of what we expect of the insured person and legal representative in the event of a claim.

General ConditionsThe following conditions apply to this policy:

1 Your Responsibilities

Where you make a claim, you must comply with the “insured person’s Responsibilities” (General Condition 2).

If you fail to comply then no cover will be provided under this policy.

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2 insured person’s Responsibilities

The insured person must comply with the following conditions for cover to be provided under this policy.

a The insured person must give proper and careful consideration to any legal advice that either we or legal representative provide. Where that advice is to accept or make an offer to settle the claim or to discontinue it, and where the insured person rejects that advice, we may withdraw cover under this policy for any adverse costs or fees and expenses incurred after the date on which that advice was rejected. If the insured person fails to give instructions within 7 days of receiving the advice, then it will be deemed to have been rejected and (unless we agree otherwise) cover will cease thereafter.

b The insured person must:

i notify the claim to us within 180 days of the date of the insured incident;

ii promptly tell us (or the legal representative) about any matters that might affect the chances of success in the claim, the amount of damages that are likely to be recovered, or the amount of the costs of the claim;

iii keep us informed (or ask the legal representative to keep us informed) of the progress of the claim, and in particular, whether any offers have been made or are proposed;

iv obtain our written consent before any Part 36 Offer or other offer of settlement made by the opponent is rejected;

v co-operate with us and with the legal representative;

vi take all reasonable steps to keep any adverse costs and fees and expenses as low as possible (for example, by not involving the legal representative in unnecessary correspondence or telephone calls);

vii give the legal representative instructions that allow them to do their work properly (for example, by promptly supplying information to the legal representative when asked to do so);

viii not deliberately mislead us or the legal representative;

ix not exaggerate the claim or bring any false or contrived claim;

x attend court when asked to do so; and

xi go to any expert examination when asked to do so.

c Where the insured person fails to comply with responsibilities b)x or b)xi, then cover will cease in the sense that we will pay no adverse costs or fees and expenses incurred from the date on which the failure to comply took place. The same is true of responsibilities b)ii to b)iv, save that the date on which cover will cease will be the date upon which the insured person ought to have complied with those obligations. Where there has been a failure to comply with any of the responsibilities described at b)v to b)vii, then we will pay no more than the amount we would have paid had the insured person complied with those obligations. Where there has been a breach of responsibilities b)viii or b)ix, cover will cease entirely and with retrospective effect.

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d Where we have paid adverse costs or fees and expenses incurred during a period when cover had ceased or did not exist, then the insured person will be liable to repay those monies; for the avoidance of doubt, the insured person will be deemed to have received them notwithstanding the fact that they may have been paid directly to the opponent or the legal representative.

e Where appropriate, the insured person must act upon any order for costs promptly.

f The insured person must not do anything to impede any negotiations about costs or any assessment of costs.

g The insured person must pay any excess to us in respect of a claim pursued under this policy.

3 Legal Representation

a This policy provides cover for adverse costs and fees and expenses. Where a claim is made we will ordinarily recommend a legal representative which is a member of our panel. If the insured person is not happy with the legal representative we have recommended, they may advise us and we will generally suggest an alternative.

b The insured person has the right to choose their legal representative. In particular:

i where recourse is had to a lawyer (or other person having such qualifications as may be necessary) to represent or serve the interests of the insured person in any claim, the insured person shall be free to choose that lawyer (or other person). ‘In any claim’ means that proceedings have begun or are about to be begun; and

ii the insured person shall also be free to choose a lawyer (or other person having such qualifications as may be necessary) to serve their interests whenever a conflict of interests arises.

c If we believe that the legal representative lacks the skills to win the claim, we will be at liberty to decline to approve the claim on its merits, but only if we have told the insured person about our concerns and have given them the opportunity to choose a different legal representative.

d The insured person must give us direct access to the legal representative and must authorise them to tell us about the claim, its merits, its progress, and any other relevant matter.

e We will agree terms of business with the legal representative before they commence work. These terms will include the service standards we expect the legal representative to meet on your behalf. They may also limit the amount that will be paid in terms of the legal representative’s hourly charging rate. You may ask us for a copy of these agreed terms at any time. If the legal representative cannot agree to our terms of business then no indemnity will be provided under this policy.

4 Particular Circumstances

a Our consent is required in all circumstances where it is proposed:

i to discontinue a claim; or

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ii to take any course of action (including settling the claim) that would be likely to result in the insured person having to pay adverse costs; or

iii to have costs (including adverse costs) assessed by way of a detailed assessment (but not provisional assessment); or

iv to agree the amount of adverse costs.

Consent will not be refused without good reason, but if the proposed course of action is not one that can be pursued in a proportionate manner, then consent may be withheld.

In determining whether a claim can be pursued in a ‘proportionate manner’ we will consider whether a person would consider the costs reasonable, if they did not have legal expenses insurance and were financing their own legal costs. We will consider points including:

– the amount being claimed;

– the value and issues in question of your case;

– your location and that of the other party;

– the legal costs and expenses we would expect a legal representative appointed by us to charge.

Where consent was required but was not obtained, cover under this policy will cease with retrospective effect.

b Where the opponent has made a Part 36 Offer and where the insured person has been ordered to pay adverse costs (or agrees, with our prior written agreement, to pay adverse costs) as a result of them having failed to recover more than was offered, then:

i subject to the provisions in ii) below, we will pay the adverse costs regardless of whether they are (from the opponent’s point of view) to be set-off against damages or other costs; and

ii where the extent of cover has been limited by the operation of paragraph 2)c above, then if and to the extent that cover continues to apply, we will pay adverse costs only if and to the extent that the net sums payable (i.e., after any set-off by the opponent) exceed the amount of damages recovered.

c Where the court orders the insured person to pay (or where the insured person with our prior written agreement agrees to pay) adverse costs notwithstanding the fact that they are also to receive costs, then:

i subject to the provisions in ii) below, we will pay the adverse costs regardless of whether they are (from the opponent’s point of view) to be set-off against damages or other costs; we will also pay the fees and expenses; and

ii where the extent of cover has been limited by the operation of paragraph 2)c above, then if and to the extent that cover continues to apply, we will pay adverse costs and fees and expenses only if and to the extent that the net sums payable (i.e., after any set-off by the opponent) exceed the amount of damages recovered.

d Where, by agreement or by order, a partial costs order is made, and where this is a result of the court having reduced the amount payable to the insured person to take account of adverse costs payable by the insured person, then we will not be liable to pay those adverse costs unless the court has quantified those costs or made an order that will allow those costs easily to be quantified.

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5 Limits on Cover

a The maximum amount that we will pay in any single claim shall be £100,000.

b No payments made by us in respect of adverse costs or fees and expenses will exceed the amount that would be assessed as being reasonable upon an assessment of costs on the standard basis. Under the ‘standard basis’ of costs assessment the court will only allow costs which are proportionate to the matters in issue and will resolve any doubt it may have in favour of the party claiming those costs, as to whether costs have been reasonably incurred and/or that they are reasonable and proportionate.

6 Recovery and Quantification of Costs in the claim

Where we are liable to pay adverse costs, then the insured person agrees to allow us to conduct the detailed assessment of those costs in their name (but at our cost).

The legal representative will arrange with the party claiming adverse costs for them to supply a draft bill in a prescribed format, together with a copy of their papers. These will be considered by our Costs Lawyers, who will either negotiate an appropriate figure or agree to refer the matter to the Court for assessment of the costs by the Judge. Unless specifically asked for information, the insured person will not need to take any action themselves.

The procedure above will also take place where the legal representative sends their draft bill to us for consideration. Where we are liable to pay fees and expenses, then the insured person and the legal representative agree to allow us to have those costs assessed in our name, such assessment to take place on the standard basis.

7 Complaints Procedure

If you disagree with our decision as to whether and how to assist with a claim, please let us know and provide any further evidence or information you would like us to take into account. We will be happy to reconsider the decision at any point. If you remain unhappy, we and you can agree to refer the matter to an independent arbitrator agreed by both sides, who will make a decision. The arbitrator’s fees will usually be payable by the unsuccessful party, unless the arbitrator decides otherwise.

If you are unhappy with the service we have provided, or if you have any questions or concerns about this insurance or the handling of a claim, you should in the first instance contact:

The Chief Executive OfficerMotorplus Limited Kircam House Whiffler RoadNORWICHNR3 2ALTel: 01603 420 000Fax: 01603 420 010

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Please ensure your policy number is quoted in all correspondence to assist a quick and efficient response.

If it is not possible to reach an agreement, you have the right to make an appeal to the Financial Ombudsman Service. This also applies if you are insured in a business capacity and have an annual turnover of less than €2 million and fewer than ten staff. You may contact the Financial Ombudsman Service at:

The Financial Ombudsman ServiceSouth Quay Plaza183 Marsh WallDocklandsLondonE14 9SRTel: 0845 080 1800Email: complaint.info@financial-ombudsman.org.uk

The above complaints procedure is in addition to your statutory rights as a consumer. For further information about your statutory rights contact your local authority Trading Standards Service or Citizens Advice Bureau.

8 Financial Services Compensation Scheme

Ageas Insurance Limited is covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme in the event that Ageas Insurance Limited cannot meet their obligations. This depends on the type of business and the circumstances of the claim. Most insurance contracts are covered for 90% of the claim with no upper limit. You can obtain further information about compensation scheme arrangements from the FSCS at www.fscs.org.uk.

9 Data Protection Act 1998

Please note that any information provided to us will be processed by us and our agents in compliance with the provisions of the Data Protection Act 1998, for the purpose of providing insurance and handling claims, if any, which may necessitate providing such information to third parties. We may also send the information in confidence for process to other companies acting on their instructions including those located outside the European Economic Area, some of which may not have equivalent Data Protection laws.

We may obtain information about you from credit reference agencies, fraud prevention agencies and similar organisations to enable us to check your credit status and identity. These agencies will record our enquiries, which may be seen by other companies who make their own credit enquiries. We may also check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record our concerns. We and other organisations may use these records to help make decisions on insurance proposals and claims, prevent fraud, recover debt and check your identity to prevent money laundering. Under Data Protection legislation, you can ask us in writing for a copy of certain personal records held about you. A charge of £10 will be made.

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10 Consumer Insurance (Disclosure and Representations) Act 2012

You are required by the provisions of the Consumer Insurance (Disclosure and Representations) Act 2012 to take care to supply accurate and complete answers to all questions and to make sure that all information supplied to us is true and correct. You must tell us of any changes to the answers you have given as soon as possible. Failure to advise us of a change to your answers may mean that your policy is invalid and that it does not operate in the event of a claim.

You must contact us immediately in the event that there is a change to your circumstances, as follows:

– You change your address;

– You are convicted of a criminal offence or receive a police caution;

– You have insurance refused, declined, cancelled or terms applied by another insurance provider.

11 Notices

By accepting the benefits of this policy, the insured person agrees that they have been given notice of their right to choose a legal representative (see paragraph 3)b).

12 Miscellaneous

a This policy is written in English and all communications about it will be in English.

b Unless some other law is agreed in writing, this policy is governed by the laws of England and Wales. If there is a dispute, it will only be dealt with in the courts of England and Wales or of the country within the United Kingdom in which the insured person’s main residence is situated.

c In the event that any term, condition or provision of this policy is held to be prohibited by any applicable law, statute or regulation, the same shall (to that extent) be deemed to be struck from this policy as if it had not been included when this policy was first made.

d To be effective (and unless the court orders otherwise), any variation of or supplement to this policy must be made in writing.

e Apart from us, only an insured person may enforce all or any part of this policy, and the rights and interests arising from or connected with it. This means that the Contracts (Rights of Third Parties) Act 1999 does not apply to the policy in relation to any third party right or interest.

f If an insured person dies, we will insure their personal representatives to pursue disputes covered by this policy arising from the insured person’s death, providing those representatives keep to the terms of the policy.

g Any Act of Parliament mentioned in this policy includes equivalent laws in the relevant jurisdiction in which any claim arises.

h If any insured person makes any request for payment under this policy knowing it to be fraudulent or false in any respect or ought reasonably in the circumstances to know it to be fraudulent or false or where there is collusion between any parties to the dispute, this policy shall become void and any premiums paid hereunder shall be forfeited and we shall be entitled to recover any monies previously paid.

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Choosing a Solicitor If the insured person makes a claim under the policy, then ordinarily we will recommend use of a panel solicitor. If they are not happy with the solicitor we have recommended, then they should let us know why and we will try to find a different solicitor. The insured person has a right to choose their own legal representative. Details are set out at General Condition 3 of the policy.

We strongly recommend that the insured person uses one of the solicitors on our panel. We have a number of solicitors’ firms on our panel which are all experts in their particular fields. All are regularly checked and audited by us and are regulated by their governing bodies. We also ask our panel solicitors to sign up to our stringent Service Level Agreements to ensure that they deal with claims on behalf of our customers both quickly and efficiently. This allows us to be confident that the insured person will receive the highest level of service from them.

Motorplus Limited (trading as ULR Additions) is authorised and regulated by the Financial Conduct Authority.

Regulated by the Ministry Of Justice in respect of regulated claims management activities.

BMW Motorrad Insurance is arranged by Devitt Insurance Services Limited, Insurance Brokers. Registered Office: North House, St Edwards Way, Romford, Essex RM1 3PP. Registered in England and Wales number 2438974. Devitt Insurance Services Limited is authorised and regulated by the Financial Conduct Authority. Financial Services Register No. 312328.BMW Motorrad Insurance is underwritten by Equity Red Star. Registered office: Library House, New Road, Brentwood, Essex CM14 4GD. Equity Red Star (Syndicate 218 at Lloyd’s) is managed by Equity Syndicate Management Limited, which is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority. (Registered number 204851.) Equity Syndicate Management Limited is registered in England and Wales number 426475.

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BMW Motorrad Insurance