Contractual insurance conditions for individuals
I. DEFINITIONS
For the purposes of these Conditions of Insurance, the following terms and expressions shall have the following meanings:
Insured: the natural entity, named in the insurance policy, who has an insurable interest and who, in return for payment of the insurance premium, takes out insurance against the risks set out in the insurance contract.
Insurer: S.C. Allianz-Tiriac Asigurări S.A., registered in the register of insurers, reinsurers and insurance intermediaries under RA-017.
Beneficiary: the person designated by the Insured and named in the insurance contract as entitled to receive compensation in the event of the insured risk occurring.
Policyholder: the natural or legal entity who concludes the insurance contract for the insurance of a risk concerning the Insured and who is liable to the Insurer for the payment of the insurance premium.
Compensation: the amount that the Insurer owes to the person entitled under the insurance contract for damage resulting from the occurrence of insured risks.
Total loss: the total destruction of the insured property or its disappearance (total theft), without any remains that can be used or recovered, or destruction in such a way that, although there are remains that can be used or recovered, restoration by way of repair is no longer possible or the cost of repair is equal to or exceeds the amount insured under the policy.
Partial loss: the destruction, disappearance (in the case of theft), damage or depreciation of parts of the insured property from covered risks so that they can be restored to their condition prior to the occurrence of the covered risk or recovered in the case of depreciated property, and the cost of repair (parts, labour, etc.) does not exceed the amount insured under the policy.
Franchise: the part of the amount of the loss or damage borne by the Insured for each event, as stated in the policy/questionnaire/insurance specification or the contractual terms of insurance. The franchise is deducted from each compensation.
Dwelling: in the case of urban or rural households, this means the house, villa, cottage or other building intended for permanent or temporary habitation (holiday home), with the necessary facilities for this purpose, and in the case of blocks of flats, it means the apartment, including the share of the common parts.
Holiday home: Dwelling occupied temporarily as a secondary residence for rest and recreation.
Insurance policy/Insurance certificate: document evidencing the conclusion of the insurance contract, containing the identification data of the Insurer and the Insured, the subject matter of the insurance, the insured amounts/limits of liability, the insurance premium, the terms of payment of the insurance premium and other elements specific to the insurance contract.
Representatives of the Insured: legal or natural entities, elected or appointed in accordance with the legal provisions and who are authorised to represent the Insured.
Covered (insured) risk: the sudden, unforeseen, possible but uncertain future event mentioned in the insurance contract, upon the occurrence of which the Insurer assumes the obligation to pay compensation.
Insured amount/limit of liability/limit of indemnity: the maximum amount stated in the insurance contract, within which the Insurer pays compensation on the occurrence of the covered risk.
Insurance supplement: addendum concluded between the Insurer and the Insured, which amends or supplements the insurance contract.
Replacement (new) value: means the cost of constructing, producing or procuring anew the constituent parts of the building in question as shown in estimates, invoices, contracts or other procurement documents.
Market value: the local market price that can be obtained by the owner for that building, following a real estate transaction, under normal, balanced market conditions.
Terms not expressly defined in these insurance conditions are understood and agreed by the contracting parties to have the common, usual definition.
II. INSURANCE CONTRACT
1. Under the insurance contract, the Insurer undertakes to indemnify the Insured or the beneficiary of the insurance, as the case may be, for the damage suffered, provided that the Insured has paid the insurance premium in the amount and within the time limits laid down in the contract.
2. All communications between the parties shall be in writing or confirmed in writing unless another form of communication is used. Communications to the Insurer shall be made to the Insured’s address stated in the insurance policy or to another address communicated by the Insured.
3. Strict compliance by the Insured with the obligations incumbent upon him and the presumption that the Insured’s declarations are true shall be conditions precedent to any liability incumbent upon the Insurer.
4. The provisions of the insurance contract shall apply in all cases of damage arising prior to termination until final settlement.
5. In any action, suit or dispute in which the Insurer claims that an event is not covered by the insurance contract, the burden of proving coverage shall be on the Insured.
6. The insured natural entity has the right of access to the personal data he/she provides, the right to intervene on the data and the right to object, as regulated by the provisions of Articles 13, 14, respectively 15 of Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data. The insured natural entity may exercise his/her rights by submitting a written request to Allianz-Tiriac Asigurari S.A., dated and signed. In the application, the applicant may indicate whether he/she wishes the information to be communicated to a specific address, which may be an e-mail address or a courier service that ensures that delivery will be made only in person.
2. All communications between the parties shall be in writing or confirmed in writing unless another form of communication is used. Communications to the Insurer shall be made to the Insured’s address stated in the insurance policy or to another address communicated by the Insured.
3. Strict compliance by the Insured with the obligations incumbent upon him and the presumption that the Insured’s declarations are true shall be conditions precedent to any liability incumbent upon the Insurer.
4. The provisions of the insurance contract shall apply in all cases of damage arising prior to termination until final settlement.
5. In any action, suit or dispute in which the Insurer claims that an event is not covered by the insurance contract, the burden of proving coverage shall be on the Insured.
6. The insured natural entity has the right of access to the personal data he/she provides, the right to intervene on the data and the right to object, as regulated by the provisions of Articles 13, 14, respectively 15 of Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data. The insured natural entity may exercise his/her rights by submitting a written request to Allianz-Tiriac Asigurari S.A., dated and signed. In the application, the applicant may indicate whether he/she wishes the information to be communicated to a specific address, which may be an e-mail address or a courier service that ensures that delivery will be made only in person.
III. THE OBJECT OF INSURANCE
7. The following categories of insurable property/interests located at the address stated in the policy are insured under these conditions of insurance for the risks referred to in item 15 as follows:
7.1. Buildings and other constructions intended as dwellings, which are insured in their entirety, including annexes in the Insured’s household connected to the dwelling and common parts within the limit of the undivided quota (roof, stairs, installations, etc.), as well as the constructional improvements. Together with the building (or, where applicable, the household annex), the fixed installations (interior and exterior) ensuring the general functionality of the building (electrical, water supply, sewerage, gas, air conditioning, heating, etc.) located on the premises of the insured property are insured as part of the building. The “outbuildings” in the Insured’s household related to the dwelling means: enclosures, shed, stable, garage, sauna, swimming pool, etc., and in the case of a block of flats means: lodge, garage, utility room. Throughout these conditions of insurance both buildings and outbuildings (including common parts) shall be referred to as “buildings”.
7.2. Expenses required after the insured risk has occurred:
a) for design, the cost of the project on the basis of an invoice issued by the designer;
b) for site clearance, the cost of removal of debris and rubble, on the basis of an invoice issued by the contractor or, in the case of self-performed works, by negotiation within the limit approved in advance by the Insurer;
c) for the intervention of the fire brigade, the costs on the basis of a document issued by the unit which intervened to extinguish the fire;
d) for carrying out an expert’s report/assessment of the damage, the cost of the same resulting from the expert’s report/assessment contract; e) for damage limitation.
7.1. Buildings and other constructions intended as dwellings, which are insured in their entirety, including annexes in the Insured’s household connected to the dwelling and common parts within the limit of the undivided quota (roof, stairs, installations, etc.), as well as the constructional improvements. Together with the building (or, where applicable, the household annex), the fixed installations (interior and exterior) ensuring the general functionality of the building (electrical, water supply, sewerage, gas, air conditioning, heating, etc.) located on the premises of the insured property are insured as part of the building. The “outbuildings” in the Insured’s household related to the dwelling means: enclosures, shed, stable, garage, sauna, swimming pool, etc., and in the case of a block of flats means: lodge, garage, utility room. Throughout these conditions of insurance both buildings and outbuildings (including common parts) shall be referred to as “buildings”.
7.2. Expenses required after the insured risk has occurred:
a) for design, the cost of the project on the basis of an invoice issued by the designer;
b) for site clearance, the cost of removal of debris and rubble, on the basis of an invoice issued by the contractor or, in the case of self-performed works, by negotiation within the limit approved in advance by the Insurer;
c) for the intervention of the fire brigade, the costs on the basis of a document issued by the unit which intervened to extinguish the fire;
d) for carrying out an expert’s report/assessment of the damage, the cost of the same resulting from the expert’s report/assessment contract; e) for damage limitation.
IV. CONCLUSION OF INSURANCE
8. The insurance policy shall be concluded on the basis of the information provided by the Policyholder and after the Insured is informed in writing of the Insurer.
V. COMMENCEMENT AND TERMINATION OF THE INSURER’S LIABILITY
9. Unless otherwise agreed, subject to the payment of insurance premiums in the amount and within the time limits specified in the insurance contract, the Insurer’s liability shall commence on the date and for the duration stated in the insurance policy or certificate of insurance;
10. For insurance supplements issued and attached to the policy, the Insurer’s liability shall commence on the day following the date of issue of the supplement and shall cease with the policy to which it is attached or on the last day of validity of the supplement, if it has extended the validity of the policy originally issued.
10. For insurance supplements issued and attached to the policy, the Insurer’s liability shall commence on the day following the date of issue of the supplement and shall cease with the policy to which it is attached or on the last day of validity of the supplement, if it has extended the validity of the policy originally issued.
VI. INSURANCE PREMIUM
11. The insurance premium is paid in full or in installments. The number and amount of the premium installments are as stated in the insurance policy.
12. If the insurance contract is amended by agreement of the parties, it shall be terminated and the difference in premium to be refunded or collected shall be determined as follows:
a) for refund: The insurer retains the insurance premiums for the lapsed period, per insurance days, in the proportion of 1/365 of the annual premium, and refunds the remainder;
b) for cash: the insurance premiums for the remaining period until expiry/cancellation are calculated per insurance days, in the proportion of 1/365 of the annual premium.
12. If the insurance contract is amended by agreement of the parties, it shall be terminated and the difference in premium to be refunded or collected shall be determined as follows:
a) for refund: The insurer retains the insurance premiums for the lapsed period, per insurance days, in the proportion of 1/365 of the annual premium, and refunds the remainder;
b) for cash: the insurance premiums for the remaining period until expiry/cancellation are calculated per insurance days, in the proportion of 1/365 of the annual premium.
VII. AMOUTS INSURED / LIMITS OF INDEMNITY / FRANCHISES
13. The amounts insured specified in the policy are:
13.1 For buildings insured under 7.1:
a) replacement value (as new) or
b) market value, but not less than replacement value.
13.2. The amount insured provided for above includes the value of the annexes to the building. The maximum limit of indemnity per event, which may be granted in the case of annexes is set at 20% of the amount insured under 13.1. 13.3. For the expenditure referred to in point 7.2.: up to a combined limit of RON 5,000 per event 14. The franchise applied to catastrophic risks, as provided by Law No. 260/2008, is EUR 20,000 of the amount insured of the building, for other risks it is 0.
13.1 For buildings insured under 7.1:
a) replacement value (as new) or
b) market value, but not less than replacement value.
13.2. The amount insured provided for above includes the value of the annexes to the building. The maximum limit of indemnity per event, which may be granted in the case of annexes is set at 20% of the amount insured under 13.1. 13.3. For the expenditure referred to in point 7.2.: up to a combined limit of RON 5,000 per event 14. The franchise applied to catastrophic risks, as provided by Law No. 260/2008, is EUR 20,000 of the amount insured of the building, for other risks it is 0.
VIII. COVERED RISKS
15. The insurance policy covers the following risks:
15.1. fire, including direct property damage to property insured by fire through: – total or partial charring and melting with or without flames; – fire damage to electrical, water, sewage or central heating installations in buildings; – release of smoke, gas or vapours as a result of the fire; The effects of fire caused as a result of an earthquake are considered as earthquake risk damage (point 15.13.1).
15.2. lightning;
15.3. explosion (whether or not followed by fire, even if outside the building), which means the detonation or deflagration produced by the physico-chemical reaction, decomposition and violent expansion of a solid, liquid or gaseous compound or mixture; The effects of explosion produced as a result of earthquake are considered as earthquake risk damage (item 15.13.1). Allianz – Tiriac Asigurari S.A 3 PRIMERA 02.2018 15.4. fall of flying machines (aircraft and space vehicles), parts thereof or objects carried or impact with them;
15.5. storm, hurricane, gale, tornado;
15.6. hail;
15.7. heavy rainfall caused in conjunction with the atmospheric phenomena listed in items 15.5 and 15.6 by the penetration of water through cracks and tears in the roof, walls, doors and windows;
15.8. the weight of snow and/or ice;
15.9. avalanche of snow;
15.10. theft of insured property: theft by burglary and/or robbery of the building components of the building, under the conditions laid down in the criminal code, including attempted theft;
15.11. collision from the outside by motor vehicles other than those belonging to the Insured or given into his use, of the insured building;
15.12. accidental fall of bodies from the outside onto the insured building;
15.13. catastrophic risks:
15.13.1. earthquake and its aftermath (including fire and explosion);
15.13.2. flooding and siltation from overflowing surface water (flowing or standing) and/or atmospheric precipitation, including melting snow or ice;
15.13.3 collapse and/or landslide caused by natural causes;
15.14. socio-political events (strikes, civil unrest and actions by groups);
15.15. shock wave caused by aircraft (sonic boom). 16. The “72 hours” clause:
16.1. Any loss caused by the risks referred to in 15.5 or 15.13.1 shall constitute one and the same loss if two or more similar events/risks occur within 72 hours during the policy period;
16.2. Floods and alluvium referred to in 15.13.2 constitute one and the same damage if they occur between the beginning of the overflow of a river or watercourse and its end, when the water level falls to its normal level; 16.3. If an event referred to above occurred during the policy period and is still in effect after the expiry of the policy, the Insurer shall indemnify the Insured for any such event occurring within 72 hours as if the loss had occurred entirely within the policy period;
16.4. The insurer shall not cover damage caused by an event referred to above occurring before the policy comes into force or after its expiry date; 16.5. In all of the above cases, the start of the 72-hour interval will be determined by the Insured.
17. Clause “Flooding from pipe water” the Insurer shall cover, per event, up to the limit stated in the insurance policy, flooding caused by water to the insured building as follows: – as a result of the accidental bursting of water pipes, tanks or damage to taps and other fittings of water installations in the building/construction; – flooding due to the spillage of sewage water as a result of the accidental bursting of pipes or backflow of sewage water, regardless of its origin, from indoor or outdoor installations, owned by the Insured or belonging to other legal or natural persons; – flooding caused by water supply or drainage installations from neighbouring premises; – negligence on the part of the Insured or of those who permanently live and live with him.
15.1. fire, including direct property damage to property insured by fire through: – total or partial charring and melting with or without flames; – fire damage to electrical, water, sewage or central heating installations in buildings; – release of smoke, gas or vapours as a result of the fire; The effects of fire caused as a result of an earthquake are considered as earthquake risk damage (point 15.13.1).
15.2. lightning;
15.3. explosion (whether or not followed by fire, even if outside the building), which means the detonation or deflagration produced by the physico-chemical reaction, decomposition and violent expansion of a solid, liquid or gaseous compound or mixture; The effects of explosion produced as a result of earthquake are considered as earthquake risk damage (item 15.13.1). Allianz – Tiriac Asigurari S.A 3 PRIMERA 02.2018 15.4. fall of flying machines (aircraft and space vehicles), parts thereof or objects carried or impact with them;
15.5. storm, hurricane, gale, tornado;
15.6. hail;
15.7. heavy rainfall caused in conjunction with the atmospheric phenomena listed in items 15.5 and 15.6 by the penetration of water through cracks and tears in the roof, walls, doors and windows;
15.8. the weight of snow and/or ice;
15.9. avalanche of snow;
15.10. theft of insured property: theft by burglary and/or robbery of the building components of the building, under the conditions laid down in the criminal code, including attempted theft;
15.11. collision from the outside by motor vehicles other than those belonging to the Insured or given into his use, of the insured building;
15.12. accidental fall of bodies from the outside onto the insured building;
15.13. catastrophic risks:
15.13.1. earthquake and its aftermath (including fire and explosion);
15.13.2. flooding and siltation from overflowing surface water (flowing or standing) and/or atmospheric precipitation, including melting snow or ice;
15.13.3 collapse and/or landslide caused by natural causes;
15.14. socio-political events (strikes, civil unrest and actions by groups);
15.15. shock wave caused by aircraft (sonic boom). 16. The “72 hours” clause:
16.1. Any loss caused by the risks referred to in 15.5 or 15.13.1 shall constitute one and the same loss if two or more similar events/risks occur within 72 hours during the policy period;
16.2. Floods and alluvium referred to in 15.13.2 constitute one and the same damage if they occur between the beginning of the overflow of a river or watercourse and its end, when the water level falls to its normal level; 16.3. If an event referred to above occurred during the policy period and is still in effect after the expiry of the policy, the Insurer shall indemnify the Insured for any such event occurring within 72 hours as if the loss had occurred entirely within the policy period;
16.4. The insurer shall not cover damage caused by an event referred to above occurring before the policy comes into force or after its expiry date; 16.5. In all of the above cases, the start of the 72-hour interval will be determined by the Insured.
17. Clause “Flooding from pipe water” the Insurer shall cover, per event, up to the limit stated in the insurance policy, flooding caused by water to the insured building as follows: – as a result of the accidental bursting of water pipes, tanks or damage to taps and other fittings of water installations in the building/construction; – flooding due to the spillage of sewage water as a result of the accidental bursting of pipes or backflow of sewage water, regardless of its origin, from indoor or outdoor installations, owned by the Insured or belonging to other legal or natural persons; – flooding caused by water supply or drainage installations from neighbouring premises; – negligence on the part of the Insured or of those who permanently live and live with him.
