CTPL Policy
CTPL Policy
Please examine this document and the schedule and if they do not meet your requirements, or if any information is not
correctly stated, kindly return them at once to the issuing office and ask for the corrections to be made.
Documentary Stamps to the value stated above have been properly affixed and cancelled on the duplicate of this Policy.
IMPORTANT NOTICE
The Insurance Commissioner with offices in Manila, Cebu and Davao is the Government Official in charge of the faithful
execution and enforcement of all laws relating to insurance and has supervision over Insurance Companies. He is already at
all times to render assistance in settling any controversy between an insurance Company and the Policyholder relating to
insurance matters.
WHEREAS THE INSURED, by his corresponding proposal and declaration that shall be the basis of this Contract and deemed
incorporated herein has applied to Fortune General Insurance Corporation. (herein referred to as “the Company”) for the insurance
hereinafter contained, subject to the payment of the Premium as consideration for such insurance.
IN WITNESS WHEREOF, the Company has caused this Policy to be signed by its duly authorized representative at the date the date
and place stated in the stated in the Schedule.
NOW THIS POLICY WITNESSETH, that in respect of events occurring during the Period of Insurance, and subject to the following
terms, exceptions and conditions contained therein or endorsed hereon (hereinafter collectively referred to as the Terms of this Policy):
AUTHORIZED DRIVER
Any of the following:
a. The insured; or
b. Any person driving on the Insured’s order or with his permission
Provided, that the person driving is permitted, in accordance with the licensing law or other regulations, to drive the Scheduled Vehicle
or has been permitted and is not disqualified by order of a Court of Law or by reason of any enactment or regulation in that behalf;
provided, further, that for Sections I and II, of this Policy only, Authorized Driver shall include a duly licensed driver.
LIMITATIONS AS TO USE
This Policy shall only cover use of the Scheduled Vehicle for social, domestic and pleasure purposes, and for the Insured’s business or
profession.
1. Use for the hauling and/or carrying of logs, lumber, sand, gravel, bottled beverages, gasoline products and/or other inflammable articles or materials or for hire
or reward;
2. Use for racing, pacemaking, reliability trial or speed testing;
3. Use for the carriage of PASSENGERS or for hire or reward;
4. Use for any purpose in connection with the Motor Trade.
Limitations (1) and (2) above may be deleted and the risks named therein covered by this Policy upon written agreement by, and
payment of 20% additional premium to, the Company.
1. The total indemnity in respect of any one THIRD PARTY shall not exceed Fifteen Thousand Pesos, subject to the Schedule of Indemnities provided for in this
Policy in case of death or physical injury without prejudice to the claimant from pursuing his claim further, in which case he shall not be required or compelled by
the Company to execute any Quit Claim or document releasing it from liability under the Policy of insurance.
2. The following proofs of loss, when submitted under oath, shall be sufficient evidence to substantiate the claim.-
a. Police report or accident or any evidence sufficient to establish the accident; and
b. Medical report and evidence of medical or hospital expenses; and/or
c. Death Certificate and evidence sufficient to establish the proper payee.
RATE OF DEPRECIATION
AGE OF THE VEHICLE
(SHARE OF THE INSURED)
Up to 3 years Nil
Batteries, Tires, Ball Joints, Tie Rods and Shock Absorbers (for vehicles over 3 years old) 50%
1. Loss or damage in respect of any claim or series of claims arising out of one event, the first amount of each and every loss for each and every vehicle Insured
by this Policy, such amount being equal to one percent (1.00%) of the Insured’s estimate of Fair Market Value as shown in the Policy Schedule with a minimum
deductible amount of P 500.
2. Consequential loss, depreciation, wear and tear, mechanical or electrical breakdowns, failures or breakages;
3. Damage to tires, unless the Scheduled Vehicle is damaged at the same time;
4. Any malicious damage caused by the Insured, any member of his family or by a person in the Insured’s service.
2. The Company will, subject to the Limits of Liability, pay all sums necessary to discharge liability of the Insured. In respect of damage to Third Party property in
an accident caused by and arising out of the use of the Scheduled Vehicle, or in connection with the loading or unloading of the Scheduled Vehicle, provided
that the Insured’s liability shall have first been determined either by final court judgement after actual trial, or by written agreement of the Insured, or held in trust
by, or in the custody or control of the Insured or any member of the Insured’s household, or being conveyed by the Schedule Vehicle.
For the purpose of this paragraph, Scheduled Vehicle shall include any Motorcycle while being personally driven by the Insured
not belonging to him and not hired to him under a hire purchase agreement.
General Exceptions
The company shall not be liable under any Section of this Policy in respect of:-
Definitions
1. MOTOR VEHICLE is any vehicle as defined in Section Three, Paragraph (A) of Republic Act – Numbered Four Thousand One Hundred Thirty Six, otherwise
known as the “Land Transformation and Traffic Code”.
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2. THIRD PARTY is any person other than a PASSENGER as defined in the law and shall also exclude a member of the household, or a member of the familyPage 3 of 5
within the second degree of consanguinity or affinity, of a motor vehicle owner of his employee in respect of death, bodily injury or damage to property arising
out of and in the course of employment.
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Conditions Applicable To All Sections
1. This Policy and the Schedule and any Endorsement thereon shall be read together, as one contract, and any word, or expression to which a specific meaning
has been attached in part of this Policy or of the Schedule shall bear such specific meaning wherever it may appear
2. Every notice or communication required by the Company under this Policy must be in writing addressed to the Branch of Agency of the Company from which
this Policy was issued and notice or knowledge of anything relating to this Policy or any claim hereunder shall not be deemed notice to or within the knowledge
of the Company unless so given. No alteration in the terms of this Policy or any endorsement hereon will be held valid unless the same is signed or initiated by
an authorized representative of the Company.
3. The insured shall take all reasonable steps to safeguard the Scheduled Vehicle from loss or damage to maintain the Scheduled Vehicle in efficient condition,
and the Company shall have at all times free and full access to examine the Scheduled Vehicle or any part thereof or any driver or employee of the Insured.
4. In the event of any accident or breakdown, the Scheduled Vehicle shall not be left unattended without prior precaution being taken to prevent further loss or
damage and, if the Scheduled Vehicle be driven before the necessary repairs are affected, any extension of the damage or any further damage to the
Scheduled Vehicle shall be excluded from the scope of the indemnity granted by this Policy
5. In the event of any accident which may give rise to claim under this Policy, the Insured shall, as soon as possible, give notice thereof to the Company with full
particulars. Every letter, claim, writ, summons and process shall be notified or forwarded to the Company immediately on receipt. Notice shall also be given to
the Company immediately as soon as the Insured shall have knowledge of any impending prosecution, inquest or fatal injury in connection with any such
occurrence. In case of theft or other criminal act which may give rise to a claim under this Policy, the insured shall give immediate notice to the Police and
cooperate with the Company in securing the conviction of the offender.
6. Without the prejudice to No. 2 of the General Exceptions, no admission, offer promise or payment shall be made by or on behalf of the Insured without the
written consent of the Company which shall be entitled to take over the conduct in his name of the defense or settlement of any claim, or to prosecute in his
name for its own benefit any claim for indemnity or damages or otherwise, but shall not exercise any discretion prejudicial to the interest of the Insured in the
conduct of any proceedings in the settlement of any claim, and the Insured shall give all such information and assistance as the Company may require. If the
Company shall with the consent of the Insured make any payment in settlement of any claim and such payment includes any amount not covered by this Policy,
the Insured shall repay the Company the amount not so covered.
7. At any time after the happening of any event giving rise to a claim or series of claims under this Policy, the Company may pay the Insured and the Third Party
claimant jointly the full amount of the Company’s liability and relinquish the conduct of any defense, settlement or proceedings, and the Company shall not be
responsible for any damaged alleged to have been caused to the Insured in consequence of any alleged action or omission of the Company in connection with
such defense, settlement or proceedings or of the Company relinquishing such conduct, nor shall the Company be liable for any costs or expenses whatsoever
incurred by the Insured or any claimant or other person after the Company shall have so relinquished.
8. The Company may cancel this Policy accordance with Sections 64, 65 and 380 of the Insurance Code , in which case the Company shall thereupon return to
the Insured premiums paid less than the prorate portion thereof for the period when the Policy has been in force. The insured may, at any time, cancel the Policy
by surrendering it to the Company and (provided no claim has arisen during the current period of insurance) the Insured shall be entitled to a return of the
premium at the Company’s Short Period Rates for the period when the Policy has been in force. However, in respect of Sections I and II, the cancellation made
by the Insured shall not be effective unless he has secured a similar Policy of Insurance or surety bond to replace the Policy to be cancelled or make a cash
deposit in sufficient amount with the Commissioner and without any gap file within five (5) working days from the date of cancellation the required documentation
with the Land Transportation Office accordance with section 381 of the Insurance Code.
9. If, at any time any claim arises under this Policy, there is any other insurance covering the same loss, damage or liability, the Company shall not be liable to pay
or contribute more than its ratable proportion of any loss, damage, compensation, costs or expenses. Provided always that nothing in this Condition shall
impose on the Company any liability from which, but for this Condition, it would have been relieved under provision (ii) of Section 1, Paragraph 2 of this Policy.
10. Except In case of claims arising under Sections I and II of this Policy, if any difference or dispute shall arise with respect to the amount of the Company’s Liability
under this Policy, the same shall be referred to the decisions of a single arbitrator, to be agreed upon by both parties or failing such agreement of a single
arbitrator, to the decision of two arbitrators, one to be appointed by writing by each of the parties within one calendar month after having been required in writing
so to do by either of the parties and, in case of disagreement between the arbitrators, to the decision of an umpire who shall have been appointed in writing by
the arbitrators, before entering on the reference, and the cost of expenses incidental to the reference shall be dealt with in the award. And it is hereby expressly
stipulated and declared that is shall be a condition precedent to any right of action or suit upon this Policy that the award by such arbitrators or umpire of the
amount of the Company’s liability hereunder, if disputed, shall be first obtained.
11. If a claim made and rejected, and an action or suit be not commended within twelve months after such rejection, or in case of an arbitration taking place as
provided herein, within twelve months after the arbitrator, or arbitrators or umpire shall have made their award, then the claim shall, for all purposes, be deemed
to have been abandoned and shall not thereafter be recoverable hereunder. Provided, however, that in case of any dispute in the enforcement of the provisions
of Section I and Section II of this Policy, the adjudication of such dispute shall be within the original and exclusive jurisdiction of the Insurance Commissioner,
subject to the limitations provided in Section 416 of the Insurance Code, as amended.
12. The due observance and fulfillment of the Terms of this Policy, insofar as they relate to anything to be done or not to be done by the Insured, and the truth of the
statements and answer in the proposal, shall be conditions precedent to any liability of the Company to make any payment under this Policy
13. In the event that the Company should pay or be held liable to pay any claim or claims under the “No Fault” provisions of the Insurance Code the Insured shall
reimburse the Company for all such sums, whenever the Insured or his authorized driver or representative has committed a breach of any warranties, clauses or
conditions of the Policy, or whenever the circumstances fall under any of the EXCEPTIONS listed in the Policy, for which the Company would not have been
liable were it not for the application of the “No-Fault” provision of the Insurance Code.
14. Except only in those specific cases where corresponding rules and regulations which now are or may hereafter be in force provided for the payment of the
stipulated premiums in periodic installments at fixed percentage, it is hereby agreed, declared and warranted that this Policy shall be deemed effective, valid and
binding upon the Company only when the premiums therefore have actually been paid in full acknowledge in a receipt by any authorized official or
representative/agent of the Company.
15. Unless the Company at least forty-five (45) days in advance of the end of the Policy period mails or delivers to the Insured at the address shown in the Policy,
notice of its intention, not to renew the Policy or to condition its renewal upon reduction of limits or elimination of coverages, the assured shall be entitled to
renew the Policy upon payment of the premium due on the effective date of renewal
“In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the
establishment of the obligation shall be the basis of payment …”
Shall not apply in determining the extent of liability under the provisions of this Policy.
Number of Months 1 2 3 4 5 6 7 8 9 10 11
Percentage 20 30 40 50 60 70 75 80 85 90 95
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