GENERAL CONDITIONS AND LIMITATIONS APPLYING TO ALL SECTIONS

  1. NOTICE OF CLAIM
    Written notice of claim must be given to Accident & Health International within thirty (30) days after the occurrence of any circumstances giving rise to a claim or as soon thereafter as is reasonably possible.
  2. SUBROGATION
    In the event of any payment being made by Accident & Health International under this Plan, Accident & Health International shall be subrogated to all the Insured Person's right of recovery against any person or organisation. The Insured Person must not take any action to prejudice any such right of recovery and must co-operate with and do all things necessary to enable the recovery action to be prosecuted.
  3. CLAIM FORMS
    Upon receipt of a notice of claim, Accident & Health International shall submit Our usual claim form for completion.Accident & Health International shall not be liable to make any payment under this Plan unless the claim form is properly completed and all information reasonably required by Accident & Health International has been furnished.
  4. YOUR DUTY TO CO-OPERATE
    The benefits of this policy depend on You or any person covered by this policy giving Accident & Health International any reasonable information and help Accident & Health International require. This includes giving Accident & Health International written statements of documents Accident & Health International consider relevant. Accident & Health International may also require You or any person covered by this policy to attend Court to give evidence. You must help Accident & Health International even when Accident & Health International have paid Your claim. If You do not co-operate Your payments may be suspended.
  5. PHYSICAL EXAMINATION AND AUTOPSY
    Accident & Health International may at Our own expense conduct any medical examination or examinations of any Insured Person or arrange at Our own expense for an autopsy to be carried out.
  6. LEGAL ACTION
    No action at law or in equity shall be brought to recover on this Plan prior to the expiration of sixty (60) days after Our reasonable requirements in connection with a claim have been met. No such action shall be brought after the expiration of three (3) years after the time of the loss or damage or the time the liability was incurred (as the case may be).
    No action at law or equity shall be brought or maintainable unless and until the parties have first participated in a formal mediation process before a mediator appointed by agreement or failing that by the president of the law society of that state the claimant ordinarily resides. The costs of any mediator shall be borne equally by the parties.
  7. CANCELLATION
    1. This Plan may be cancelled by You at any time by giving Accident & Health International written notice, in which case Accident & Health International shall retain a proportion of the premium calculated at Our usual short-term rates for the time the Plan has been in force;
    2. Accident & Health International may cancel this Plan in accordance with the provisions of the Insurance Contracts Act. Upon cancellation by Accident & Health International , Accident & Health International shall refund a proportion of the premium paid calculated by reference to the unexpired Period of Insurance.
  8. AGE LIMITATION
    Accident & Health International shall not be liable to pay any money with respect to any Insured Person who has attained the age of eighty-five (85) years for Sections 1 – 9 and sixty-five (65) years for Section 10.
  9. LIMIT OF LIABILITY
    Our total liability for all claims arising under this Plan during any Period of Insurance shall not exceed the amount stated in the Schedule other than with respect to Section 2 – Medical Expenses and Section 8 - Personal Liability.
    In the event this limit is reached, the amount will be automatically reinstated with the appropriate additional premium plus charges being charged.
  10. CURRENCY
    Any claim or benefit paid under this policy will be paid in the same currency as premium quoted.
  11. GOVERNING LAW AND JURISDICTION
    This policy shall be governed and construed in accordance with the laws of Australia. Any dispute under this policy shall be resolved in accordance with the laws of Australia.