Northbound Insurance(Mexico Plates in the U.S.)
For all of the purposes of this Policy, the following words and phrases shall have the meaning indicated below, unless the context requires a different meaning
Any bodily injury suffered by the driver or occupants of the Insured Vehicle, as a direct consequence of an external, sudden, violent and fortuitous cause occurred during the term of the coverage under this policy.
Therefore, bodily injuries intentionally caused by the Insured and occupants shall not be considered accidents.
It is defined as the person whose name and address appear on the declaration page or any person driving the Insured Vehicle with the consent of the owner of the insured vehicle. For purposes of Section II. of this policy, an occupant or insured shall also mean anyone occupying the insured vehicle with the consent of the owner of the insured vehicle.
It refers to Chubb Seguros México, S.A.
This refers to the place or road where it is impossible to pass, generally due to bad conditions.
It means bodily harm, sickness, or disease, including death that result from an accident.
It means physical damage, destruction of, or loss of use of tangible property.
Trade or Activity, excluding transportation of goods or people with profit purposes and that requires, from a professional or worker to enter the United States of America or Canada.
It means any person inside of, getting into, and getting out of the insured vehicle with the insured’s permission.
It will not be considered as an occupant to any person riding on, getting on, or getting off of the outside of the insured vehicle, or riding in, getting in, or getting out of the open pickup bed of the insured vehicle.
It means this insurance contract, including its attachments, title page, specification, certificates and endorsements issued by the Insurer, as well as the insurance application and questionnaires, which constitute a proof of the insurance contract entered into and between the Insured and the Insurer.
Vehicle with a front and rear axle, with no propulsion means and intended to be pulled by a motor vehicle.
It is understood as a mobile boat, mobile, canvas, mobile home or motorcycle pulled by the Insured Vehicle, which in case it is covered, it must be stipulated in the Title Page and/or Specifications of the Policy.
It is the maximum amount for which the Insurer shall be obliged to pay in case a loss occurs.
It means the persons involved in an accident covered by this policy, excluding occupants and driver of the Insured vehicle at the moment of the accident.
It is defined as the acts of one or several individual, who by themselves, or in representation of any other or connection with any organization, to carry out activities either by applying force, violence and/or a threat thereof, or by the utilization of any other means, hazardous for human life or property, against any person, property or government, causing damage, injuries or death to one or several persons, with political, religious, ideological, economic, ethnical, racial or any other nature purposes, either these interests are declared or not.
It refers to four-wheel motor vehicles (cars or trucks) of private use and property not resident in the United States of America or Canada that have Mexican license plates or permits and that are not intended for commercial use, as well as their design must be appropriate to travel on public or conventional roads and for reasons of pleasure or business are interned in the territory of the United States of America or Canada for a period of time, returning to their country of origin.
The following units are considered:
Prick-up vans, with chassis, up to 3.5 tons for private use
Sport Utility Vehicle (SUV) vans
Crossover Utility Vehicle (CUV) vans
Private Trailers (only under an explicit agreement)
Trade Use: The use given to a Vehicle intended for transportation of people, goods or merchandise, for which an economic benefit is received.
Use of Vehicle: Condition indicating the operation and/or occupation given to the Insured Vehicle, which determines the type of risk assumed by the Insurer.
Private Use: The use given to the Insured Vehicle, specifically occupied for pleasure or business trips, which purpose is not to receive a monetary compensation.
THIRD PARTY LIABILITY
The Insurer is bound to pay for damages due to Civil Liability for third party personal and property damage caused by the Insured Vehicle described on the Title Page and/or Specification of the Policy in the territory of the United States of America, (except for Alaska and Hawaii) and Canada, and for which the Insured is legally liable as a consequence of an automobile accident, in accordance with the Particular and General Provisions of this Policy and during the term thereof, and which coverages appear as included on the Title Page and /or Specification of the Policy.
This coverage may be contracted under the option of separate Limits, “Assets and Persons” or Combined Single Limit (CSL)
The amount of the sum insured shall be equivalent to the minimum sum insured required by the government of the United States of America or Canada in the applicable legislation, unless the Insured requests a greater amount, in which case such amount shall be specified on the Title Page and/or Specification of the Policy. The limit of liability for Third Party Property Damage shall be the maximum limit of liability of the Insured for all damage to third party property as a consequence of an automobile accident.
The amount of the sum insured per person and occurrence shall be equivalent to the minimum sum insured required by the government of the United States of America or Canada in the applicable legislation, unless the Insured requests a greater amount, in which case such amount shall be specified on the Title Page and/or Specification of the Policy.
The limit of liability per person for the Third Party Personal Damage coverage is the maximum limit of liability of the Insurer for all damage including expenses to take care of the damaged person, Moral Damage or death, if it results from Third Party Personal Damage. The stipulated limit shall be applied for each person and in each automobile accident.
The limit of liability per occurrence for Third Party Personal Damage shall be the limit of the sum insured per occurrence or automobile accident, being the maximum liability of the Insurer for all resulting damages.
There shall be coverage for Civil Liability incurred in by the Insured or any person that, with the express or tacit consent of the Insured, uses the vehicle and that as a consequence of such use, he/she causes third party property damage and/or bodily injuries or death (other than the occupants), including moral damage indemnity that legally corresponds according to the case. The maximum limit of liability of the Insurer in this coverage shall be established on the Title Page and/or Specification of the Policy.
This coverage is effective without the application of a deductible.
In Addition to the Third Party Liability coverages includes:
The Insured shall defend or indemnify any claims or non-criminal proceedings as a consequence of the damages caused. Within the aforesaid, the Insurer shall cover payment for attorney fees due to legal advice, non-judicial procedures and judicial actions, as well as expenses inherent to the proceedings. The Sum Insured for this coverage shall be equivalent and in addition to the Sum Insured considered for the affected Third Party Damage Civil Liability coverage, with the Insurer’s liability rendered terminated when the corresponding Sum Insured is exhausted. In order to be able to proceed with a legal action, the Insurer shall have discretionary powers to consider intervention.
In addition to the limit of liability, the Insurer shall pay for each lost workday of the Insured, as a consequence of attending hearings or trials required during the proceedings, the amount indicated on the Title Page and/or Specification of the Policy, for the stipulated maximum number of days. The amount for this item is considered to be included in the Sum Insured indicated for this item, which may not be exceeded; the Insured shall be obliged to submit an attendance proof for any of these acts.
PARTICULAR EXCLUSIONS FOR THE CONTRACTED CIVIL LIABILITY COVERAGES
1. THIRD PARTY PERSONAL AND/OR PROPERTY DAMAGE CAUSED BY VEHICLES NOT COVERED UNDER THIS POLICY AND DESCRIBED ON THE TITLE PAGE AND/OR SPECIFICATION OF THE POLICY.
2. OCCUPANTS OF THE INSURED VEHICLE.
3. THE INSURED WHO INTENTIONALLY CAUSES THIRD PARTY PERSONAL OR PROPERTY DAMAGE.
4. MATERIAL DAMAGE TO ASSETS OWNED BY THE INSURED, THE DRIVER OR THEIR RELATIVES, OR THAT ARE UNDER CUSTODY OF THE INSURED OR THEIR EMPLOYEES OR REPRESENTATIVES OR THAT ARE PLACED INSIDE THE INSURED VEHICLE. IN THIS SECTION, ALL PROPERTY PLACED INSIDE OR BEING PULLED BY THE INSURED VEHICLE IS CONSIDERED THE INSURED’S PROPERTY.
5. THE PERSONS WHO ARE ON, GETTING INTO OR GETTING OFF ANY EXTERNAL PART OF THE INSURED VEHICLE.
6. THE PERSONS WHO ARE ON, GETTING INTO OR GETTING OFF THE OPEN BODY OF THE INSURED VEHICLE.
7. DAMAGES CAUSED TO THIRD PARTIES BY THE INSURED VEHICLE WHILE TRANSITING OUT OF CONVENTIONAL ROADS FOR VEHICLES, OR WHEN CONVENTIONAL ROADS ARE IN UNTRANSITABLE CONDITIONS.
8. LIABILITY FOR DEATH OR BODILY INJURIES SUFFERED BY THE DRIVER OF THE INSURED
VEHICLE OR ANY OTHER OCCUPANT THEREOF, EXCEPT FOR MEDICAL EXPENSES COVERED UNDER THE 2nd CLAUSE AS WELL AS MEDICAL EXPENSES COVERAGE FOR OCCUPANTS OF THE INSURED VEHICLE IN THE PARTICULAR PROVISIONS, NEITHER THE LIABILITY ARISING FROM INTENTIONAL CRIMES RESULTING FOR THE OWNER OR DRIVER OF THE INSURED VEHICLE.
In case this coverage is indicated as included on the Title Page and/or Specification of the Policy, by means of the payment for the corresponding premium, the medical expenses listed below shall be covered, when originated by bodily injuries suffered by the Insured or any occupant of the Insured Vehicle, in traffic accidents, while these people are inside the closed compartment, body or cabin intended for people transportation.
In the event there is an occurrence that affects this coverage, the limits of liability per person and per occurrence shall be those indicated on the Title Page and/or Specification of the Policy.
If at the moment an accident occurs, the limit of liability per insured person multiplied by the number of occupants exceeds the sum insured per occurrence, payment shall be made only to the exhaustion of the contracted sum insured per occurrence, distributing it on a proportional basis for the number of occupants. If there is any remainder of the sum insured to be distributed in virtue of the fact that the other injured people have been discharged from hospital with settled expenses or, as the case may be, funeral expenses indicated in item E) of this clause have been settled, such remainder may be taken and distributed on a proportional basis in order to cover the missing part of the other injured people, never exceeding the limit of liability per insured person.
The Insurer’s obligation corresponding to this coverage shall be automatically ceased when the effects of injuries disappear, either because the sick person has been cured or because of death as a consequence of the same occurrence that originated it.
Food and stay in the hospital, physiotherapy, expenses inherent to hospitalization and in general, drugs and medicines prescribed by a physician.
B) MEDICAL ATTENTION
Indispensable medical services provided by physicians legally authorized to practice their profession, not including chiropractors.
The cost for services provided by nurses whenever they are licensed for practice will be covered.
D) AMBULANCE SERVICE
Expenses incurred in for the use of land ambulances, when it is indispensable in the opinion of the treating physician.
E) FUNERAL EXPENSES
Expenses incurred in for this item are a sublimit of the occupant medical expenses coverage, up to the amount of the sum insured, per person and per occurrence, indicated on the Title Page and/or Specification of the Policy. The maximum limit per occurrence shall be distributed on a proportional basis for the number of dead occupants, not exceeding the limit per person mentioned above. Such expenses shall be reimbursed by means of the submittal of the relevant death certificates.
If at the moment an accident occurs, the limit of liability per insured person multiplied by the number of occupants exceeds the sum insured per occurrence, the limit of liability per person shall be reduced on a proportional basis.
In the event this coverage is indicated as contracted on the Title Page, and by means of payment for the corresponding additional premium, the Insurer shall be bound to cover the following:
When in the event of an occurrence, the third party is responsible for the accident and has no Automobile Insurance (specifically, a Third Party Damage Civil Liability coverage), the Insurer shall increase 100% the Maximum Limit of Liability contracted for the Occupant Medical Expenses coverage.
In order for this coverage to be admissible, it shall be an indispensable requirement that the loss is reported to the competent authorities in the United States of America or Canada, before leaving such territory, and that the Insured has a copy of the accident report.
The maximum limit of liability of the Insurer in this coverage is established on the Title Page and/or Specification of this Policy for each person due to physical injuries suffered by the occupants of the Insured Vehicle and for each occurrence or accident.
The indemnity corresponding to this coverage shall be made by means of a reimbursement.
This coverage is effective without the application of a deductible.
PARTICULAR EXCLUSIONS FOR THE CONTRACTED OCCUPANT MEDICAL EXPENSES COVERAGES
1. INJURIES, DAMAGES, ILLNESSES OR DEATH OF OCCUPANTS, CAUSED BY VEHICLES NOT INSURED UNDER THIS POLICY.
2. THE OCCUPANTS OF THE INSURED VEHICLE, WHEN IT IS USED AS A PLACE OF RESIDENCE OR ACCOMMODATION.
3. PEOPLE WHO OCCUPY ANY PRIVATE MOBILE HOME OR BOAT, EVEN IF IT IS COVERED UNDER THIS POLICY.
4. BODILY INJURIES, DAMAGES, ILLNESSES OR DEATH SUFFERED BY THE OCCUPANTS OF THE INSURED VEHICLE, WHEN THESE ARE CAUSED BY TRANSITING OUT OF CONVENTIONAL ROADS FOR VEHICLES OR WHEN CONVENTIONAL ROADS ARE IN UNTRANSITABLE CONDITIONS.
5. INJURIES SUFFERED OR CAUSED BY THE DRIVER OF THE INSURED VEHICLE, WHEN IT ISUTILIZED TO COMMIT SUICIDE OR ANY ATTEMPT THEREOF OR VOLUNTARY MUTILATION, EVEN IF THE DRIVER IS UNDER A MENTAL DERANGEMENT STATE, IF THESECIRCUMSTANCES DIRECTLY INFLUENCED ON THE ACCIDENT CAUSED BY THE DAMAGE, UNLESS THE DRIVER MAY NOT BE IMPUTED WITH GROSS GUILT, UNSKILLFULNESS ORNEGLIGENCE IN THE OCCURRENCE OF THE LOSS.
6. DISABILITY PAYMENT
7. INJURIES SUFFERED BY THE INSURED OR OCCUPANTS OF THE INSURED VEHICLE, AS ACONSEQUENCE OF A LOSS OCCURRED DUE TO GROSS GUILT OF THE DRIVER OF THEINSURED VEHICLE, BECAUSE HE/SHE WAS UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, STIMULANTS AND/OR SLEEPING PILLS NOT PRESCRIBED BY A PHYSICIAN, IF THESE CIRCUMSTANCES DIRECTLY INFLUENCED ON THE ACCIDENT CAUSED BY THE DAMAGE, UNLESS THE DRIVER MAY NOT BE IMPUTED WITH GROSS GUILT, UNSKILLFULNESS OR NEGLIGENCE IN THE OCCURRENCE OF THE LOSS.
In the event this coverage is indicated as contracted on the Title Page, and by means of payment for the corresponding additional premium, the Insurer shall be bound to cover the following:
The Insurer shall pay the contracted Sum Insured stipulated on the Title Page and/or Specification of the Policy to the Insured’s legal successor, if during the effective term of the policy, the Insured dies exclusively due to an injury caused by a covered accident, as a consequence of an occurrence of the Insured Vehicle, by external, violent and casual means, and when such death occurs within the following thirty (30) days after the date of the occurrence.
The Insurer shall pay the corresponding indemnity once the period of thirty (30) days mentioned in the prior paragraph has expired.
The indemnity established in this benefit shall be granted only if the Insurer is provided with proof to confirm that the injury or injuries that caused the death of the Insured resulted from a Covered Accident sustained by the Insured Vehicle, and that such accident has occurred during the effective term of the Policy.
The limits of acceptance fixed by the Insurer to contract this benefit are: 18 years old as the minimum, and 70 years old as the maximum.
As of the policy anniversary date immediately prior to the date when the Insured reaches the age of 70, this benefit shall be cancelled.
For the purposes of this insurance, the minimum age for the driver of the Insured Vehicle shall be 18 years old.
PARTICULAR EXCLUSIONS FOR ADDITIONAL INDEMNITY BENEFIT DUE TO DEATH DERIVED FROM A COVERED ACCIDENT SUSTAINED BY THE INSURED VEHICLE.
1. IF THE DEATH OF THE INSURED DRIVING THE INSURED VEHICLE IS DUE TO ILLNESSES, SICKNESSES OR SURGICAL OPERATIONS OF ANY NATURE, WHICH ARE NOT CAUSED BY INJURIES AS A CONSEQUENCE OF THE OCCURRENCE.
2. INHALATION OF GAS OR SMOKE OF ANY KIND, UNLESS IT IS CONFIRMED THAT IT WAS ACCIDENTAL AND AS A CONSEQUENCE OF THE OCCURRENCE TO THE INSURED VEHICLE.
3. DEATH AS A CONSEQUENCE OF A FIGHT DERIVED FROM THE OCCURRENCE TO THEINSURED VEHICLE, DUE TO GROSS GUILT OF THE INSURED, AS LONG AS THE INSUREDHAS BEEN THE ORIGINATOR OR IS UNDER THE INFLUENCE OF SOME TRANQUILIZERS,STIMULANTS OR SIMILAR DRUGS NOT PRESCRIBED BY A PHYSICIAN.
4. SUICIDE (CONSCIOUSLY OR UNCONSCIOUSLY) OR THE ATTEMPT THEREOF, WHICHEVER THE CAUSES OR CIRCUMSTANCES CAUSING IT.
5. DEATH AT THE MOMENT OF THE OCCURRENCE TO THE INSURED VEHICLE IN TIMES OF WAR, REVOLUTIONS, POPULAR RIOTS OR INSURRECTIONS.
A) THIRD PARTY DAMAGE CIVIL LIABILITY AND LEGAL EXPENSES COVERAGE EXTENSION.
In the event this coverage is indicated as contracted on the Title Page, and by means of payment for the corresponding additional premium, the Insurer shall be bound to cover the following:
By means of this coverage, the Insurer is committed to provide the Insured with the Civil Liability and Legal Expenses coverage, when the Insured drives a Tourism Vehicle other than the one indicated on the Title Page and/or Specification of the Policy, for which such Tourism Vehicle must have utilization characteristics and conditions equal to those established in this Policy.
This coverage shall cover third party property and/or bodily injuries or death (other than the occupants) as a consequence of an occurrence caused by the Insured when driving a Tourism Vehicle similar to that indicated in the Policy.
MAXIMUM LIMIT OF LIABILITY
The maximum limit for the Civil Liability and Legal Expenses extension shall be that indicated on the Title Page and/or Specification of the Policy.
This coverage is effective without the application of a deductible.
THIRD PARTY DAMAGE CIVIL LIABILITY AND LEGAL EXPENSES COVERAGE EXTENSION PARTICULAR EXCLUSIONS
ADDITIONALLY TO THE EXCLUSIONS CONSIDERED IN THE 4th CLAUSE. EXCLUSIONS, IN NO CASE
1. WHEN THE INSURED DRIVES A TOURISM VEHICLE WITH CHARACTERISTICS OR UTILIZATION DIFFERENT THAN THOSE OF THE INSURED VEHICLE.
2. BODILY INJURIES, DAMAGES, ILLNESSES, MEDICAL EXPENSES, DEATH, FUNERAL EXPENSESOR ANY OTHER EXPENSES INCURRED IN DUE TO ATTENTION FOR THE OCCUPANTS OF THE INSURED VEHICLE INDICATED ON THE TITLE PAGE AND/OR SPECIFICATION OF THE POLICY.
3. PROPERTY OR PERSONAL DAMAGE CAUSED BY THE INSURED TO THEIR RELATIVES OR PEOPLE UNDER THEIR ORDERS.
4. WHEN A TRAILER PULLING COVERAGE HAS BEEN CONTRACTED, THIS SHALL NOT BE APPLIED TO THIS COVERAGE.
5. FINES ARISING WHEN THE VEHICLE IS NOT IDENTIFIED IN THE POLICY.
In the event this coverage is indicated as included on the Title Page and/or Specification of the Policy, and by means of payment for the corresponding additional premium, the following assets additional to the Insured Vehicle shall be covered:
By means of this coverage, the Insured is committed to provide the Insured with a sum insured additional to that contracted for the Civil Liability and Legal Expenses coverage, which shall be 15 specified on the Title Page and/or Specification of the Policy and applied per occurrence.
The maximum limit for this coverage per occurrence shall be that indicated on the Title Page and/or Specification of the Policy.
This coverage is effective without the application of a deductible.
IN NO EVENT WILL THE VEHICLES THAT DRIVE MORE THAN THE TRAILERS ESTABLISHED IN THE CONTRACT BE COVERED.
Private Boat shall be understood as the watercraft described on the Title Page and/or Specification of the Policy, and the platform or trailer, when attached to the Insured Vehicle, pulling the boat as a sole unit and attached to the Insured Vehicle pulling them. Boats shall be covered only for the Third Party Damage Civil Liability coverage.
The Occupant Medical Expenses coverage does not apply to this item.
The Third Party Damage Civil Liability coverage shall not be applied if the boat is not attached to the private trailer transporting it.
For the Third Party Damage Civil Liability coverage, this shall not mean any increase in the sums insured, but only the extension of those covered under the Policy.
IN NO CASE THIS INSURANCE SHALL COVER:
1. VEHICLES RESIDING IN THE UNITED STATES OF AMERICA OR CANADA, WHICH LICENSE PLATES OR CIRCULATION PERMIT HAVE BEEN GRANTED IN SUCH COUNTRY OR COUNTRIES.
2. VEHICLES NOT INDICATED AS COVERED IN THIS POLICY, EVEN IF THEY ARE DRIVEN BY THE INSURED, UNLESS THE CORRESPONDING COVERAGE HAS BEEN CONTRACTED.
3. DAMAGE CAUSED BY THE INSURED VEHICLE AS A CONSEQUENCE OF ITS USE FOR PUBLICTRANSPORTATION, TRANSPORTATION OF GOODS, OR WHEN IT IS USED FOR A PURPOSE OTHER THAN THE ONE INDICATED ON THE TITLE PAGE AND/OR SPECIFICATION OF THE POLICY. THIS EXCLUSION DOES NOT APPLY TO THE USE OF THE INSURED VEHICLE FOR THE TRANSPORTATION OF PERSONS WHO SHARE EXPENSES FOR THE TRIP TO WORK, EITHER GOING TO OR COMING FROM.
4. MOTOR VEHICLES WITH LESS THAN 4 WHEELS OR MORE THAN 6 WHEELS.
5. MOTORCYCLES, FOUR-WHEEL MOTORCYCLES, MOBILE HOMES (MOTOR HOMES), PICK UPS INTENDED FOR LOADING OR TRADE USE AND TRUCKS
6. COMERCIAL USE VEHICLES
c) PRODUCT DELIVERY
d) COURIER SERVICES
e) LOADING USE
f) ANY OTHER TRADE USE
a) IT PARTICIPATES IN COMPETITIONS OR SAFETY TESTS, RESISTANCE OR SPEED COMPETITIONS.
b) IT IS USED WITH DRIVING OR OPERATION TEACHING OR INSTRUCTION PURPOSES.
9. WHEN THE VEHICLE THAT CAUSED OR RECEIVED THE COLLAPSE OR ACCIDENT TO OR FROM THE INSURED VEHICLE IS ALSO A PROPERTY OF THE INSURED, OR WHEN IT IS DRIVEN BY RELATIVE OF THE INSURED OR A PERSON UNDER THEIR SERVICE.
10. PERSONAL OR PROPERTY DAMAGE CAUSED BY THE INSURED 17 VEHICLE TO THEIR RELATIVES OR PEOPLE UNDER THEIR ORDERS.
a) UNLOADING OF NUCLEAR WEAPONS, EVEN IF IT IS ACCIDENTAL
b) NUCLEAR REACTION
d) RADIOACTIVE CONTAMINATION
e) WAR, DECLARED OR NOT
f) CIVIL WAR
h) REBELLION OR REVOLUTION
12. TERRORISM OR ACTS OF TERRORISM, GUERRILLA ACTS, REBELLION, SEDITION, UPRISING, STRIKE, WORK STOPPAGES, MALICIOUS ACTS OF THIRD PARTIES, POPULAR RIOT, WAR INVASION, ACTS OF FOREIGN ENEMIES, HOSTILITIES OR BELLIGERENT OR SIMILAR OPERATIONS (WITHOUT PREJUDICE TO THE FACT THAT WAR HAS BEEN DECLARED OR NOT),IN WHICH THE INSURED PARTICIPATES AS AN ACTIVE INDIVIDUAL.
13. EXPENSES AND FEES FOR THE LEGAL DEFENSE OF THE DRIVER, THE INSURED OR THE OWNER OF THE VEHICLE DESCRIBED, BECAUSE OF THE LEGAL PROCEEDINGS ORIGINATED BY ANY ACCIDENT, NEITHER THE COST OF BAILS, FINES OR JUDICIAL BONDS OF ANY KIND, NOR SANCTIONS, PUNITIVE OR EXEMPLARY DAMAGES, OR JUDGMENTS DERIVED FROM A LEGAL PROCEEDING OR ANY OTHER OBLIGATIONS OTHER THAN THE REPAIR OF DAMAGE.
14. BENEFITS TO BE BORNE BY THE INSURED DUE TO ACCIDENTS SUFFERED BY THE OCCUPANTS OF THE INSURED VEHICLE, FROM WHICH OBLIGATIONS ARE DERIVED REGARDING LEGAL OR PROFESSIONAL RISKS LIABILITIES.
15. DAMAGE CAUSED BY THE INSURED VEHICLE, BECAUSE IT HAS BEEN USED AS A TRAILER FOR VEHICLES, BODIES OR BOATS, UNLESS THE BODY, VEHICLE OR BOAT IS EXPRESSLY COVERED IN THIS POLICY.
16. DAMAGE CAUSED BY THE INSURED VEHICLE WHEN THE DRIVER HAS NO DRIVER’S LICENSE OR PERMIT OF THE KIND APPROPRIATE FOR THE INSURED VEHICLE, UNLESS NO RESPONSIBILITY, UNSKILLFULNESS OR GROSS NEGLIGENCE MAY BE IMPUTED TO THE DRIVER IN THE OCCURRENCE OF THE LOSS.
17. IN NO CASE THERE SHALL BE COVERAGE FOR LEGAL EXPENSES AND FINES INCURRED IN BY THE INSURED AS A CONSEQUENCE OF A LOSS OCCURRED WHEN THE INSURED IS UNDER THE INFLUENCE OF ALCOHOL, DRUGS, STIMULANTS AND/OR SLEEPING PILLS NOT PRESCRIBED BY A PHYSICIAN.
18. THERE SHALL BE NO COVERAGE FOR LOSS OR DAMAGE CAUSED BY THE INSURED VEHICLE WHEN IT IS USED FOR ANY MILITARY OR AUTHORITY SERVICE, WITH OR WITHOUT THE CONSENT OF THE INSURED.
19. DAMAGE CAUSED BY THE INSURED VEHICLE, BECAUSE IT HAS BEEN OVERLOADED OR SUBMITTED TO EXCESSIVE TRACTION IN RELATION TO ITS RESISTANCE OR CAPACITY. IN THESE CASES, THE INSURER SHALL NEITHER BE LIABLE FOR DAMAGE CAUSED TO VIADUCTS, BRIDGES, AVENUES OR ANY PUBLIC ROAD AND UNDERGROUND OBJECTS OR FACILITIES, EITHER DUE TO VIBRATION OR WEIGHT OF THE VEHICLE OR ITS LOAD.
20. THE OBLIGATIONS OF THE INSURER, STIPULATED IN THIS POLICY, SHALL AUTOMATICALLY BECOME INEFFECTIVE IF THE INSURED OR ANY OF THEIR REPRESENTATIVES ENTER INTO AN AGREEMENT OR DEAL WITH THOSE PEOPLE INVOLVED IN ANY ACCIDENT, WITHOUT CONSENT GRANTED IN WRITING BY THE INSURER.
It shall be the responsibility of the Insured to appoint and update the Sums Insured indicated on the cover of the Policy and which shall constitute the maximum liability that, in case of an event, shall be to the charge of the Company, having had to be appointed in common consent between the Insured and the Company.
Any indemnity to be paid by the Insurer shall reduce in equal amount the Sum Insured for any of the contracted coverages affected by the loss, though they will be automatically reinstated when they have been reduced by any payment made by the Insurer during the term of this Policy, in order to cover subsequent losses.
This contract is expressed in American Dollars, legal currency in the United States of America; however, all payments related thereto may be also made in National Currency, in accordance with the exchange rate to afford obligations denominated in foreign currency payable in the Mexican Republic, published by the Bank of Mexico in the Official Mexican Gazette of the Federation on the date of such payment.
This policy applies within the boundaries of Canada and the Unites States of America, except for Alaska and Hawaii.
In case of loss, the Insured shall be obliged to:
Upon occurrence of a loss, the Insured shall have the obligation to carry out all of the acts tending to avoid or minimize the damage. If there is no danger in the delay, they shall ask the Insurer for instructions, having to attach to whatever the Insurer indicates.
Any expenses incurred in by the Insured which are not excluded or inadmissible shall be covered by the Insured and, if the latter gives instructions, such expenses shall be paid in advance.
If the Insured does not comply with the obligations set forth in the preceding paragraph, the obligation of the Insurer shall be limited to indemnifying the Insured up to the value to which he would have been entitled if he had complied with said obligations.
Upon occurrence of a loss covered by this policy, the Insured shall have the obligation to notify the Insurer as soon as they know about the facts, and within a maximum period of 5 days, unless there are causes of force majeure or unforeseeable event, having to notify the Insured as soon as one or the other has ceased, and before leaving the covered territory where the loss has occurred; failure to comply with the period of time stipulated in this item shall cause the indemnity to be reduced to the amount originally corresponding to the loss, if the Insurer had been promptly notified thereof.
The Insurer shall have discretional powers to consider payment for the claim submitted by the Insured only if the Insured, in spite of having left the covered territory where the loss occurred, complies with the following requirements:
1. Report the accident to competent authorities in the covered territory where the loss occurred, before leaving such territory.
2. Report the loss to the Insurer within a maximum period of five days as of the date and time of the loss specified in the report to the competent authorities. The aforesaid is excepted in case that, as a consequence of such loss, the Insured has suffered from injuries that put his life at risk or prevent them from making such report to the Insurer, in which case they shall have (24) hours as of the time and date of hospital discharge, which must be submitted to the Insurer.
3. The Insured must have a copy of the accident report.
The claim shall not be admissible in case of failure to comply with any of the aforesaid requirements.
The Insurer has the power to accept or reject submitted proof. In case of a lack of any documents, the Insurer may deny payment of claimed indemnity.
The Insured is obliged to notify the Insurer, as soon as they get to know, on any claims or suits received by them or their representatives, for which purpose, the Insured shall submit the documents, or a copy that they may have received for the case.
Failure to comply with this obligation by the Insured shall release the Insurer from payment of the indemnity corresponding to the coverage affected by the loss.The Insurer shall not be obliged for recognition of debts, transactions or any other legal actions of similar nature, carried out or concerted without their consent. Confession of materiality of any facts may not be assumed as an acknowledgement of liability.
The Insured is obliged, for the account of the Insurer, in all civil proceedings that may be filed against them due to the liability covered by the insurance to:
– Provide the necessary information and evidence that may have been requested by the Insurer for their defense, for their account, in case it is necessary or when the Insured does not appear;
– Exercise and assert any actions and defense proceedings in accordance with the law;
– Appear in any civil proceedings;
– Grant powers in favor of the attorneys authorized by the Insurer to represent them in such civil proceedings, in case they cannot participate directly in all of the processes in such 20 proceedings.
e) In case the Insurer requests so, the Insured shall grant, as soon as possible, enough powers in favor of the Insurer or any persons authorized by the Insurer, in order to assume and manage on behalf of the Insured the defense or settlement of any claim, or to follow up on their behalf and for their own benefit the claim for indemnity of damage or any other against third parties.
The Insurer shall be fully free to manage the proceeding or settlement of any claims and the Insured shall provide them with all necessary information or support.
f) Any support provided by the Insurer or their representatives to the Insured or third parties may not be construed as an acceptance of admissibility of the claim.
The Insured has the obligation to immediately notify the Insurer in writing on the existence of other Insurance contracted with another Insurer for the Insured Vehicle, covering the same risk and for the same interest, indicating the Sum Insured and each of the names of the Insurers, in accordance with Article 100 of the Insurance Contract Law.
In accordance with Article 102 of the Insurance Contract Law, in case there are other Insurances covering the same insurable interest, executed in good faith, with the same or different dates and for a total sum greater than the value of the insured interest, they shall be valid and oblige each Insurance Institution up to the full value of the damage sustained within the insured limits of liability.
In case the Insured intentionally omits the notification referred to in the prior paragraph, or if they contracted several Insurances to obtain an illicit advantage, the Insurer shall become released from their obligations.
The premium of this Policy shall be the sum of those corresponding to each of the contracted coverages it shall expire at the moment the contract is entered into.
The premium agreed may be paid by the Contracting Party directly to the Insurer, the insurance agent, or through an automatic charge made by the Insurer to a credit card, debit card or bank account, when the policies contracted in the Internet.
Given the characteristics of this insurance, charge of the premium may be made in both: only one payment, or split payments.
If the Insured opts for split payments regarding the premium, installments shall be made for equal periods, not shorter than one month, and become due at the beginning of each period agreed, applying the effective financing rate at the moment the coverage term starts, which shall be informed to the Insured in writing.
The Insured shall be entitled to a grace period of 30 (thirty) calendar days to settle the total premium or first installment in the case of split payments; the effects of the contract shall automatically cease to be effective at twelve hours on the last day of such grace period in the event such premium is not paid.
In case of any occurrence, the Insurer will deduct from the indemnity the total outstanding premium, or premium split payments not yet paid, until the total premium corresponding to the contracted insurance period is complete.
The premium agreed may be paid by the Insured through payroll discounts or charges made by the Insurer to the Insured’s credit card, debit card or bank account, in accordance with the frequency selected by the Insured.
In case such charge is not applied according to the aforesaid frequency, due to causes imputable to the Insured, the latter shall be bound to make the corresponding payment of premium or split payment directly at the offices of the Insurer, or credit it to the bank account stipulated by the Insurer; the payment receipt or voucher shall prove such payment.
If the Insured fails to comply with this obligation, the insurance shall cease to be effective once the grace period has elapsed, or immediately after the day the second or subsequent payments must be made. In case the premium is paid by charging it to a credit or debit card, or a bank account, the statement of account indicating the relevant charge shall be full proof of premium payment until the Insurer submits the corresponding premium payment receipt.
In case the Insurer, in spite of having received the documents and information with the grounds of the claim submitted, fails to comply with the obligation to pay the indemnity, capital or income under the terms of Article 71 of the Insurance Contract Law, instead of the applicable legal interest, it will be obliged to pay the Insured, Beneficiary or third party damaged an indemnity for arrears in the terms set forth in Article 276 of the Law of Insurance and Bonds Institutions during the period in arrears. Such interest shall be calculated as from the day after which the obligation becomes due.
If an Insurance institution fails to meet its obligations in the contract of insurance within deadlines legally stablished for its compliance, the Institution shall pay interest in arrears in accordance with the following:
I. The obligations in national currency will be denominated in Investment Units, to their value at the date of expiry of the periods referred to in the first part of this article and its payment will be made in local currency, up to the value of Investment Units on the date on which payment is made, in accordance with the provisions of the second paragraph of the Section VIII of this article.
In addition, the Institution of Insurance will pay a penalty interest on the obligation denominated investment units as provided in the preceding paragraph, which will be capitalized monthly and whose rate is equal to the result of multiplying by 1.25 the cost of term deposits of liabilities denominated in investment units of commercial banks in the country, published by the Banco de Mexico in the Official Journal of the Federation, corresponding to each of the months in which there dwells;
II. When the principal obligation is denominated in foreign currency, in addition to the payment of this obligation, the Institution of Insurance shall be required to pay a penalty interest which will be capitalized monthly and calculated according to the amount of the obligation itself, the percentage obtained by multiplying by 1.25 the cost of term deposits liabilities denominated in dollars of the United States, the commercial banks in the country, published by the Banco de Mexico in the Official Journal of the Federation, corresponding to each of the months in which there dwells;
III. If the date on which the calculation is not published reference rates for the calculation of default interest allude to Sections I and II of this article is done, apply the the previous month and for the if such fees are not published, the default interest is computed by multiplying by 1.25 the replacement rate according to the relevant provisions;
IV. The default interest referred to in this article to be generated per day from the date of expiry of the periods referred to in the first part of this article and to the day the payment is made under the second paragraph of section VIII of this article.
For its calculation, the reference rates referred to this article should be divided between three hundred sixty five and multiply the result by the number of days for the months in further noncompliance;
V. In case of repair or replacement of the damaged object, the liquidated damages shall consist only in the payment of the interest on the currency in which it was called the principal obligation under Sections I and II of this article and calculated on the amount of the cost of repair or replacement;
VI. Are inalienable rights of the creditor to the compensatory benefits provided in this article. The pact that seeks to extinguish or reduce no legal effect whatsoever.
These rights arise by reason only during the period established by law for the payment of the principal obligation, need not be a paid at the time.
Once the amount of the principal obligation as agreed by the parties or the final determination made at trial before the judge or arbitrator fixed, the compensatory benefits provided for in this Article shall be covered by the Institution of Insurance on the amount of thus determined principal obligation;
VII. If the respective trial resulting from the complaint, even if it has not demanded payment of the liquidated damages provided for in this Article, the judge or arbitrator, in addition to the principal obligation, must condemn the debtor to also cover these benefits under the previous paragraphs;
VIII. The compensation in arrears damages consisting of the update system and interests referred to in sections I, II, III and IV of this Article shall apply to all types of insurance, except in the case of surety to guarantee claims related to non-payment of tax credits, in which case it shall be as provided by the Tax Code of the Federation.
The payment made by the Institution of Insurance will be made in one installment comprising the total balance for the following items:
a) The default interest;
b) Upgrading to the first paragraph of section I of this article, and
c) The principal obligation.
If the Institution of Insurance does not pay in a lump the entire amount of the obligations assumed under the insurance contract and compensation for late payments you make to the items listed in the order shall apply provisions of above, so that the compensation in arrears damages will continue to generate in terms of this article, on the amount of the principal obligation not paid, pending a fully covered.
When the institution stands a defense to suspend the enforcement proceedings under this Act, and final judgment for the remaining contested measures, the corresponding payment or collection is issued shall include liquidated damages until then any generated the principal obligation, and
IX. If the institution of Insurance, within the deadlines and legal terms, not making the payment of payments in arrears damages, the judge or the National Commission for the Protection and Defense of Users of Financial Services, as appropriate, shall impose a fine of 1000-15000 days of Minimum Wage.
In the case of the administrative enforcement procedure provided for in article 278 of this Law, if the Insurance Institution, within the terms or legal terms, do not pay the compensation for late payments, the Commission will impose the fine indicated in this fraction, at the request of the executing authority that corresponds according to section II of related article.
When the Insurer pays, for the account of the Insured, the indemnity that the Insured owes to a third party as a consequence of a damage stipulated in the contract, and they prove the contracting party has incurred in omissions or inaccurate statements of the facts referred to in Articles 8, 9, 10 and 70 of the Insurance Contract Law, or in a material aggravation of the risk in the terms of Articles 52 and 53 of the same law, they shall be entitled to request a reimbursement of such payment directly from the contracting party.
The obligations of the Insurer shall become extinct:
– If it is shown that the Insured, the Beneficiary or their representatives, in order to make the Insurer commit a mistake, dissimulate or state inexact facts that exclude or might restrict such obligations.
– If in the loss there is deceit or bad faith of the Insured, the Beneficiary or their respective assignees.
– If it is shown that the Insured, the Beneficiary or their representatives, with the aim to make the Insurer commit a mistake, fail to timely provide information requested by the Insurer on the facts related to the loss and through which they may determine the circumstances of its occurrence and the consequences thereof.
The parties expressly agree that this contract may be rendered terminated in advance:
When the Insured renders it terminated, they shall do it by means of a notification in writing to the Insurer. If such cancellation is made before twenty (20) days upon the inception of the policy term, the Insurer shall have the right to the premium corresponding to the number of days in the period during which the policy was in force, in accordance with the rate per day recorded before the National Commission of Insurance and Bonds for this contract, and they shall return the remainder of the premium to the Insured. Due to the characteristics of this insurance, after the twenty days mentioned above have elapsed, the Insurer shall automatically accrue the total premium and they shall not return any amount to the Insured.
If the policy is cancelled before the inception of the term, the Insurer shall return the total premium without considering the policy issuance expenses.
In these cases, the Insurer will refund the premium corresponding to the Insured within 10 (ten) business days following the request for cancellation, by check or bank transfer, as requested by the Insured.
The Insurer will not be able to refuse or delay the process of early termination of the contract provided that it has corroborated the identity of the Insured and there is no legal reason preventing such early termination.
When the Insurer renders it terminated, they shall do it through a written notification to the Insured, with termination of the insurance becoming effective after 15 days of having submitted the corresponding notification. The Insured must return the non-accrued premium, proportional to the period of time not elapsed regarding the term of the Policy, no later than the moment such notification is made; if such premium is not returned upon termination of the contract, it shall be considered as not made.
All actions derived from this Insurance contract shall expire in two years from the date of the event that originated them, in accordance with the provisions in Article 81 of the Insurance Contract Law, but for the exception cases stipulated in Article 82 of the same law.
Expiration shall be interrupted not only due to ordinary causes, but also because of the appointment of experts or the beginning of the conciliatory proceeding indicated in Article 68 of the Law of Protection and Defense of Financial Service Users.
Likewise, expiration shall be suspended through submittal of the claim to the Insurer’s Special Consultation and Claims Unit.
In case of any disputes, the claimant may assert their rights before the Special Consultation and Claims Unit of the Insurer or the National Commission for Protection and Defense of Financial Service Users (CONDUSEF, by its abbreviation in Spanish), and at their discretion, determine the jurisdiction per territory, with respect to the address of any of their branches, in terms of Articles 50-Bis and 68 of the Law of Protection and Defense of Financial Service Users, and Article 277 of the Law of Insurance and Bonds Institutions and Companies. All of the aforesaid within a two-year period as of the occurrence originating such dispute, or as the case may be, as of the moment the Financial Institution denies satisfaction to the user’s pretentions.
In the event the parties fail to submit to arbitration by CONDUSEF, or anyone assigned by the latter, the claimant rights shall be held harmless in order for such claimant to assert them before a judge within the jurisdiction for such branches. In any case, turning to the said entities or directly to the said judge shall be at the claimant’s discretion.
Any declaration or communication in relation to the present contract must be communicated to the insurer in writing, precisely to its headquarters. In such case where the address of the headquarters changes, the new address within the Mexican Republic will be communicated to the insured to send any and all correspondence and for any other legal matter.
The requirements and communications that the company must make to the insured or its trustees, will be made by using the last known address by the company and such notification will be deemed valid.
These coverages are not valid in any jurisdiction other than a court of law in the United States of America (USA) or Canada in which a covered accident occurs and only those current laws and procedures of law in those territories will apply.
In the event of a dispute between the Insured and the Company, all parties to this contract submit themselves to the Mexico City, D.F. laws and judicial process, forfeiting all other judicial systems involved or that may arise because a change of residency in the future.
The Insurer shall subrogate up to the amount paid, regarding all of the rights and actions against third parties that correspond to the Insured as a consequence of the damage sustained. Should the Insurer request it at its own expense, the Insured shall prove subrogation by means of a notarial instrument.
The Insurer may become totally or partially released from their obligations if subrogation is prevented by facts or omissions coming from the Insured.
If the damage has been indemnified only partially, the Insured and the Insurer shall appear to enforce their rights according to the corresponding proportion.
The right to subrogation shall not proceed in case the Insured has a marital relationship or blood kinship or affinity up to the second degree or by marriage with the person that has caused them the damage, or if they are legally liable therefor.
The Insurer shall not be liable for custody and releasing expenses related to the vehicle, with such expenses being borne by the Insured. At the Insured’s discretion, the Insurer may pay these expenses and discount them from indemnity.
In any legal proceedings conducted in the United States of America (USA) or Canada, the English text will apply.
In any legal proceedings conducted in the Mexican Republic, the Spanish text will apply.
If the content of the Policy or any modifications thereto fail to match with the offer, the Insured may request the corresponding amendment within the following 30 days upon the Policy is received. After this period of time, all stipulations in the Policy or its modifications shall be deemed accepted.
During the term of the policy, the contracting party may request the Insurer in writing to inform on the premium percentage that, on account of direct commission or compensation, corresponds to the broker or corporation for their participation in entering into this contract. The Insurer shall provide such information in writing or electronic means, within a period no longer than ten business days after the date the request has been received.
In compliance with the order of the National Insurance and Surety Commission in chapter 4.11 of the Sole Insurance and Bonding Circular issued on December 19, 2014, CHUBB SEGUROS MEXICO, S.A. is bound, in the adhesion contracts that it celebrates under commercialization through telephone or through a service provider referred to in articles 102 and 103 of the Law of Insurance and Bonding Institutions, whose premium collection is made with charge to a credit card or bank account, to inform the contracting party or insured how to obtain the corresponding contractual documentation, as well as the mechanism to cancel the policy or, where appropriate, the form to request that it is not automatically renewed, based on the following assumptions:
a. Chubb Seguros México, S.A. is obliged to deliver to the Insured or Contracting Party of the Policy, the documents in which the rights and obligations deriving from the insurance contract are established through any of the following media:
i. Personally, when hiring the Insurance;
ii. Home delivery, by the means that the Insurer uses for such purposes;
iii. Through email.
For this purpose, the Insured or Contracting Party shall choose the form in which they wish to deliver the contractual documentation referred to.
In the event that for any reason the delivery of the contractual documentation can not be made at the time of contracting the insurance, the alternative means for delivery will be the delivery to your home, by the means that the Insurer uses for such purposes.
b. If the Insured does not receive, within thirty (30) days after having contracted the Insurance, the documents referred to in the previous paragraph, must be communicated to 01800 223 2001 in Mexico City or the rest of the Republic, in order that , through the use of the means that the Insurer has available, obtain such documentation.
In case the last day for the delivery of the documentation is non-working, it will be understood that the term referred to in the previous paragraph will expire on the next working day.
c. To cancel this policy or request that it not be renewed, the Insured and / or Contracting Party must follow the following steps:
i. Call 01800 223 2001 in Mexico City or the rest of the Republic;
ii. Provide the data that is requested by the operator, so that the operator can verify the policy and existence of the client;
iii. Send the signed cancellation request accompanied by a copy of an official identification with signature to the fax number and / or email address that will be provided during your call;
iv. Once you have sent the information of the previous step, the Insured and / or Contracting party may call 01800 223 2001 in Mexico City or the rest of the Republic, to confirm receipt of the documents and request the folio number of the cancellation.
Coverages covered by this Policy may be contracted through the use of equipment, electronic, optical or any other technology, automated data processing systems and telecommunications networks, whether private or public, in accordance with the provisions of Article 214 of the Law of Insurance and Bonding Institutions.
The means of identification through which the Insured may acquire these coverages for the purpose of entering into this Contract shall be those in which the Insured corroborates that they have provided the Insurer with the following information: full name, date of birth, federal taxpayer registration, telephone, full address (street and number, colony, zip code, municipality, city and state), name and relationship of the Beneficiaries and the percentage that corresponds to each one of them, as well as the authorization of the corresponding collection form . The Insured is responsible for providing the information described, and for the purposes for which such information is used.
Likewise, the Insured confirms that he was informed of the Benefits that make up the insurance plan hired, the Sum Insured, the corresponding Premium, the term of insurance, the start and end date of Validity, and that it was known to the Benefits are limited by the exclusions indicated in these general conditions.
The media by which the creation, transmission, modification or termination of rights and obligations inherent to the Contract are recorded, may be done through any of the following:
e) Any other electronic means where the acceptance is recorded.
Likewise, it is made known to the Insured, that the medium in which all statements are recorded, depending on the form of hiring used, will be available for further consultation at the offices of the Insurer
The products that are contracted through any of the aforementioned media, are in substitution to the autograph signature and also by that same media, the Insured may manage modifications or the extinction of rights and obligations in question, according to the applicable legislation.
This Contract will be in force during the agreed period of insurance that appears on the Title Page and / or Specification of the Policy.
The General and Particular Conditions of the Policy and the respective endorsements may only be modified by agreement between the Insured and the Insurer. Such modifications must be in writing. Consequently, any other person not authorized by the Insurer, lacks the faculties to make modifications or concessions.
The obligations of the Insurer shall cease as of right due to the essential aggravations of the risk during the course of the insurance in accordance with the provisions of Articles 52 and 53, section I of the Law on the Insurance Contract.
“The insured must communicate to the insurance company the essential aggravations that the risk has during the course of the insurance, within twenty-four hours following the moment in which he knows them. If the insured omits the notice or if he causes an essential aggravation of the risk, the obligations of the company will cease as of right in the future.” (Article 52 of the Law on the Insurance Contract).
“For the purposes of the previous article, it will always be presumed:
I.- That the aggravation is essential, when referring to an important event for the appreciation of a risk in such a way that the company would have contracted under different conditions if upon concluding the contract it had known a similar aggravation
II.- That the insured knows or must know any aggravation arising from acts or omissions of his tenants, spouse, descendants or any other person who, with the consent of the insured, lives in the building or has in his possession the piece of furniture that is the subject of insurance.” (Article 53 of the Law on the Insurance Contract).
“In the cases of fraud or bad faith in the aggravation of risk, the insured will lose the anticipated premiums” (Article 60 of the Law on the Insurance Contract).
The obligations of the Insurer shall be extinguished if it shows that the Insured, the Beneficiary or the representatives of both, in order to make it incur in error, disguise or inaccurately declare facts that would exclude or could restrict said obligations.
The same shall be observed in the event that, for the same purpose, the documentation on the events related to the incident is not sent to you in time. (Article 70 of the Law on the Insurance Contract).
In the event that, in the present or in the future, the Contracting Party(ies), Insured(s) or Beneficiary(ies) perform or are related with illicit activities, it will be considered an aggravation essential risk in terms of law.
Therefore, the obligations of the Insurer will cease as of right, if the Contracting Party(ies), Insured(s) or Beneficiary(ies), in the terms of Article 492 of the Law of Insurance and Bonding Institutions and its general provisions, were convicted by a final judgment that caused state, for any offense related or derived from the provisions of Articles 139 to 139 quinquies, 193 to 199, 400 and 400 Bis of the Federal Criminal Code and / or any article related to organized crime in national territory; Such judgment may be issued by any competent authority of the local or federal jurisdiction, or if the name of the Contracting Party(ies), Insured(s) or Beneficiary(ies), their activities, goods covered by the policy or their nationalities are published in any official list related to the offenses linked to the provisions of the aforementioned articles, whether of a national or foreign character from a government with which the Mexican Government has concluded any of the international treaties on the subject aforementioned, this in terms of fraction X Twenty-ninth provision, fraction V Thirty fourth provision or Fifty sixth provision of the resolution by issuing the Dispositions of a General Nature referred to the article 140 of the General Law of Institutions and Mutual Insurance Companies.
Where applicable, the obligations of the contract will be restored once the Insurer becomes aware that the name of the Contracting Party(ies), Insured(s) or Beneficiary(ies) ceases to be on the lists before mentioned.
The Insurer shall consign before the competent jurisdictional authority, any amount derived from this Insurance Contract, which may be in favor of the person or persons referred to in the preceding paragraph, with the purpose that said authority determines the destination of the means. Any amount paid not accrued that is paid after the completion of the conditions previously indicated, will be consigned in favor of the corresponding authority.
Chubb Seguros México, S.A. will provide Roadside Assistance services to its policyholders through the Assistance Company contracted for such purposes under the terms and conditions set forth below:
To apply for assistance, the Insured must contact to our assistance call center to international phone 1 877 730 86 22 (Obligatory program) and 1 877 730 86 23 (Voluntary program), toll free from the United States or Canada, as applicable. You must identify as an Insured of Chubb Seguros México, S.A. and provide the following information:
1. Full name of the Insured.
2. Policy number and term of your automobile insurance.
3. Indicate the place you are in, and the phone number where you can be reached or all the data needed to locate and facilitate location to the operator.
4. Describe in detail the problem and the type of assistance required.
Any claim arising out of an event and/or relative to a situation of attendance must be submitted before leaving the United States of America or Canada by calling toll free and immediately to the number indicated in the policy. All documentation should be submitted in writing within 90 calendar days of the date on which the event occur. The Assistance Company will make payments and allowances referred to this policy, provided that it does not generate profit for policyholders.
Assistance Services will be provided outside of Mexican territory to the vehicle insured, according to the following, with a maximum of 2 events a year according to the next:
1 Event by term, for those Policies contracted with a term of 1 to 30 days.
2 Events by term, for those Policies contracted with a term of 31 to 365 days.
The Insured and / or occupant (s) of the vehicle are required to perform all acts that tend to prevent or reduce assistance situations, and refrain from making arrangements or fees without consulting the Assistance Company previously.
Under the terms and conditions of the Policy, the Insured advise and deliver as soon to the person or persons designated by the Assistance Company subpoenas, demands, experiments, court orders, notices and any other correspondence or documentation legal received from the administrative or judicial authorities that relate directly or indirectly to the events covered in this contract form.
a) When the Assistance Company did not provide the requested service within the established time, 60 minutes for services in major cities.
b) When the Company does not have support available in the locality in which the Insured is requesting the service.
c) When the Insured has tried to contact Call Center Assistance of the Company, and no phone call has been answered.
d) When the Insured is unable to report the service request because it is an emergency. In all cases the Insured and/or occupant (s) of the vehicle must give notice of the expenses incurred and concepts later than 10 calendar days after the occurrence of the event that led to the Assistance Service. Under no circumstances air medical transport expenses will be reimbursed. Where appropriate, the reimbursement shall be authorized, will be done under the following guidelines.
a) The invoice or bill submitted by the Insured Policyholder to process the refund must be original, contain the name of the service and the name of the Insured Policyholder shall be valid only refund vouchers, containing fiscal marking requirements in Article 29 of the fiscal Code of the Federation, as follows:
• Name and address of the service provider
• Official Address of service provider
• Folio pre – printed
• Place and date of issue
• That the voucher is issued on behalf of the insured policyholder
• Description of service
• Unit value with number and total value with number and letter
b) Letter made directed to the Assistance Company in which the refund is claimed, stating:
• Copy of bank statement where the account number to the owner (CLABE18 digits and name of bank), which will deposit the refund to appear.
• Copy of official identification
• Copy of the policy of Chubb Seguros México
• Telephone and email of the sender to give acknowledgment and communications required. If applicable refund, this will be paid based on the coverage of the account at the time of hire, for any reason increased this amount to be paid. Refund will be given according to the prevailing exchange rate at the bank on the date the payment is generated. Fees and taxes are paid by the Insured and / or occupant (s) of the vehicle receiving the transfer.
Deadline to process refunds: The Assistance Company will have a period of 15 working days to make the deposit in the account number indicated. After this period the Insured shall be informed by an email, which authorized the deposit amount has been made in the designated account and shall serve a copy of the voucher.
a) When the Insured and/or occupant of the vehicle do not provide accurate and timely information, which by its nature does not allow properly address the situation.
b) When the Insured and/or occupant of the vehicle not prove their personality as beneficiary of the assistance service.
c) When the Insured and/or occupant of the vehicle breach any of the obligations contained in this policy.
d) When the driver of the vehicle is not identified as the Insured or occupant.
e) When the Insured is not in the scene.
f) When the covered vehicle has been brought into the country illegally.
g) When the situation arising attendance has been derived from any fraud or bad faith by the Insured or the driver of the vehicle or intentional accident.
h) Misuse or improper use of the vehicle without the consent of the Insured, as in the case of theft, breach of trust, etc.
i) Vehicles with various modifications to the original production, if they directly influenced the accident or composure.
j) Assistance and/or expenses occupants transported free of charge, as a result of so-called “hitchhikers “,” rides” or “hitchhiking“.
k) The Assistance Company will not be liable for delays or defaults due to force majeure or administrative features or policies in place the services to be provided.
l) It is not considered for towing lock alarm , maintenance, revisions to the car, major repairs and composure parties performed directly by the user or any third party , whether they influenced by the accident.
m) Maneuver Vehicle (rollover jams in puddles and/or sand, etc.).
n) The vehicle is loaded or transporting injured persons, nor maneuvers if jammed or stuck in ruts or gullies.
o) User leaves the scene
p) Direct traffic regulations in force and applicable in the country and/or federal entity and/or the General Means of Communication Law applicable and in force in the place violations.
a) Assistance situations occurred during trips made by the Insured and/or occupant (s) of the vehicle against the prescription of a doctor.
b) For suicide and/or injury or the consequences caused by the attempt thereof.
c) Diseases or conditions caused by the voluntary ingestion of alcohol, drugs, toxic substances, narcotics or prescription medications, nor the assistance will be provided for mental illness derived situations;
d) On the facts relating to the acquisition or use of prosthesis, eyeglasses or during pregnancy.
e) No medical transportation service to pregnant women will be given during the last ninety days before the date of delivery.
f) During phenomena of extraordinary nature, such as floods, earthquakes, volcanic eruptions or cyclonic storms
g) During events and/or actions arising from terrorism, riot or civil commotions;
h) On the facts and/or actions of forces or armed forces or security forces, even if they are made in peacetime;
i) As a result of events related to radioactive energy, or any other force majeure. All matters not covered by these special conditions shall be governed by the provisions of the General Conditions of the policy from which such service is.
The Insurer grants the following benefits to its Insured, through “The Tourist Service Provider” contracted for such purposes, under the terms and conditions set forth below.
To activate the travel benefits it is necessary to have your current insurance policy and to communicate to the following telephone numbers:
From Abroad (USA and Canada) 1 855 255 3165
From Mexico (Interior of the Republic) 01 800 700 8252
From Mexico City and Metropolitan area (01 55) 5584 6850
Hours of operation are from 9:00 am to 6:00 pm from Monday to Friday. Schedule of the Mexico City (Central Time).
The “Insured” will receive attention by an adviser by phone in the numbers mentioned or if you prefer via email to: reservaciones@wtravelco
The “Insured” will obtain preferential rates in Mexico and International level in the following services:
• Accommodation (Hotel reservations in plans that the selected Hotel provides, such as European Plan, Breakfast Plan, All Inclusive Plan, etc.).
• Travel Packages (reservations that include Hotel and Airplane).
• Travel Circuits (reservations that include Hotel, Airplane and Ground transportation / package denominated circuit).
• Cruise Reservations.
• Airplane Ticket Reservations
• Car Rental Reservations
The low-cost holiday week will allow the “Insured” to enjoy a week of accommodation in Resorts / Hotels in Mexico (prices will be expressed in US Dollars), and the Insured must proceed as mentioned as follows:
• The maximum period of the holiday week is 7 consecutive nights.
• The holiday week applies for a maximum of 6 people of any age, (counting from babies 0 years old to senior citizens).
• With a minimum of 30 days in advance request the provider the availability of the destinations, tentative date of the trip and the exact number of people traveling.
– Destinations: City to be traveled, preferably 3 options.
– Tentative date: Take into account that the days of entry to the Resorts / Hotels are usually on the weekend.
• Have a VISA or MASTER CARD credit card for the corresponding charge, providing:
– Cardholder’s name
– Full credit card number
– Expiration date
– CVC, ie the last 3 digits of the back of your card in the signature panel
– Address where the statement arrives
– Telephone contact.
• When accepting your charge to the credit card and confirming your reservation, it is important to send by email:
– Letter signed authorizing the charge to your credit card.
– Copy of IFE or valid passport in case of foreigners (I.D.).
• Have an email address to receive confirmation of your reservation.
The low cost holiday week does not apply in high season depending on the destination, country or city where you want to travel.
To know the seasons and destinations that apply for this benefit, it is necessary to please contact the “provider” to the mentioned telephones.
The term of the benefits to the Insured is granted during the time that the Tourist Automobile Insurance Policy is current and paid at the time of requesting this service.
All reservations must be requested from the above telephone numbers or by e-mail: email@example.com
Reservations received via email will be answered within 24 hours of receipt by the travel agency.
The Travel Agency reserves the right to accept reservations that are requested less than 72 hours before the start of the services requested.
All services must be 100% paid at the time of confirmation by bank deposit or credit card or debit card, following the requirements established by the Travel Agency:
• Letter signed authorizing the charge to your credit or debit card
• Copy of IFE or valid passport in case of foreigners (I.D.)
• The previous documents must agree on the name and signature of the “Insured”
The “Insured” must present confirmation Voucher of contracted services (Hotel and Packages) of the “Company or Agency” that confirmed its services, for identification and granting thereof.
All trips are subject to program modifications if necessary for your operation. If for some reason the Travel Agency considers it necessary to replace a hotel with another one of the same price and same category to guarantee the service, it can do so after notifying the “Insured”.
Any reservation of air tickets made through the Travel Agency shall be subject to the prior airing of such tickets, as well as to the other terms and conditions applied in the issue of Tickets by the line or airlines in question. Consequently, the Travel Agency can not guarantee the issuance of air tickets until such emissions are confirmed by airlines and paid by the customer.
Within 24 hours of receiving the payment by the “Insured” to the Travel Agency and once confirmed by the airline or airlines in question, the issue of the tickets, the “Insured” will receive electronic way, all the tickets and confirmation Voucher related to the reservation.
The travels requires an optimal state of health, so the Insurer and the “provider” are not responsible for personal accidents or health mishaps of the “Insured” that occur during the trip or the stay at the hotels, or the preexisting diseases and those sufferings suffered. Regular trips are family activities that have no age restrictions, except for adventure trips.
Any Hotel reservation that is canceled within 24 hours before the arrival date of the “Insured” will be considered No Show which means that a charge will be made to the credit card of the “Insured” for the payment of one night’s stay.
Any travel reservation that is canceled within 48 hours prior to the arrival date of the “Insured” will incur a charge of 25% of the travel value for administrative expenses.
On plane tickets will apply cancellation or extra charge depending on the type of flight requested and paid in due course.
During the course of the year, some hotels may change their name or trademark, which can not be interpreted as a change of hotel or modification of the reservation.
Any formalized reservation supposes the express acceptance of these General Conditions by the “Insured”, customer of the services and the “provider”.
If the trip is suspended due to weather conditions before the departure of the “Insured”, the first option will be to change the date of the trip, in case the “Insured” does not have the availability of time for such change, it applies the 100% refund of the paid value.
Luggage and other personal effects of the “Insured” travel at his risk, reason why the Insurer neither the “Provider” are not responsible for the total or partial loss of the luggage.
Pets are not accepted in most developments. Consult the development before booking.
The Insured must be provided with a passport or identity card in case of being a national tourist according to the itinerary requested. If applicable, you must have the necessary health permissions.
In case of failure to comply with the aforementioned by the “Insured” this will cause loss of service and the right to any refund.
All prices are quoted in Mexican Pesos or in United States Dollars (USD), and are subject to change without notice, only in case the Travel Agency has not received the full payment of services. Consequently, the “Insured” agrees to pay any price difference that occurs, prior to the payment of the entire price.
In the event of reasonable suspicion by the “Provider” that fraud or unauthorized use of the credit or debit card by third parties exists, the “Provider” reserves the right to cancel the reservation and to inform the “Insured” of such situation.
• To make use of your holiday week, it is important to bear in mind that “Provider” is subject to availability of both Destination and Resort / Hotel.
• On account deposit is not guarantee the Availability if this is reflected outside the time limit and / or the Resort / Hotel cancel the system for their own interest the previous reservation.
• It is considered a confirmed reservation at the moment of receiving by email Voucher of reservation and confirmation number, still made the charge to your credit card and / or bank deposit, does not receive the aforementioned information via email is considered only as a quote which does not guarantee their availability to stay.
• The low cost holiday week does not apply in Easter, Christmas, New Year, Bridges and Holidays (Mexico), in the case of other countries the client must verify via telephone if there is availability for the aforementioned dates.
• The rates are expressed in US dollars and will be payable at the exchange rate of the day the Travel Agency designates at the time of the transaction.
• In your account statement you will be see reflected in the charge to your credit card in two amounts, which when added will give the total amount established.
• You must request in advance your quote and reservation. We reserve the right to grant a reservation and quote with less than 48 hours of request for the date of your trip.
The “Provider” and Related Services Company reserves the right to make changes in rates and benefits without prior notice and to apply restrictions. As long as the Insured has not received their written confirmation from the “Provider”.
LEGISLATION INDICATED in the Insurance Contract
The articles mentioned in these general conditions can be consulted in the following websites:
LAW OF INSTITUTIONS OF INSURANCE AND BONDS
LAW ON THE INSURANCE CONTRACT
LAY OF PROTECTION AND DEFENSE OF THE USER OF FINANCIAL SERVICES
FEDERAL PENAL CODE
Specialized Unit of Attention to Queries and Claims of CHUBB Seguros México, S.A. (UNE):
Ave. Paseo de la Reforma No. 250,
Torre Niza, Piso 15,
Colonia Juárez, Delegación Cuauhtémoc,
C.P. 06600, Ciudad de México.
01800 223 2001
Monday-Thursday from 9:00 to 17:30 hrs.
Friday from 9:00 to 14:00 hrs.
National Commission for the Protection and Defense of Financial Services Users (CONDUSEF)
Av. Insurgentes Sur #762,
Col. Del Valle, C.P. 03100,
Ciudad de México.
You can find the service offices in the rest of the country on the following website:
Mexico City: (55) 5340 0999
Mexican Republic: 01 800 999 8080
You can access this Policy through the RECAS (Register of Insurance Adherence Contracts) of the National Commission for the Protection and Defense of Financial Services Users (CONDUSEF), which you can access through the following electronic address: www.condusef.gob.mx
In compliance with the provisions of article 202 of the Law on Insurance and Bonding Institutions, the contractual documentation and the technical note that make up this insurance product were registered with the National Insurance and Bonding Commission, as of day 30 October 2017, with the number CNSF-S0039-0537-2017 / CONDUSEF-002909-02.