EFTA Document EFTA01808093

From: Dave Johnson < Sent: Monday, December 19, 2016 4:03 PM To: Allan Wilson Cc: Myla Baker US Subject: Re: Te Manu - Myla Trestiza - 16/237 Hi Allan, Good to hear from you, I hope all'= well in Yorkshire & Te Manu made it safely across to the Caribbean =nbsp; I received conformation from Myla that =he insurance form was completed & signed by her immediately prior =o disembarking from Te Manu (Barcelona) in September 2016 The completed forms were =igned & given to Capt James to scan & forward via email to =YM Myla =eceived assurance from Capt. J that the documents would be forwarded to =YM but she never received a copy of the email confirming that the =ompleted documents were sent. Please check with Capt James & =pdate Myla when the documents have been received. DAVE JOHNSON email: apialoggionias On Dec 19, 2016, at 8:51 AM, Allan Wilson <Allan@wilsonyachtmanagement.com> wrote: Best Regards Allan Wilson Wilson Yacht =anagement &nbs=; =nbsp; &n=sp; &nb=p; = &=bsp; UK Office Tel: +44 (0)1482 648322 Fax: +44 (0)1482 648277 E Fax +44 (0) 8701 358555 Gsm: +44 (0)7802 684438 USA =ffice &n=sp; &nbs=; Tel: +1 954 =24 9030 E fax +1 =75 806 9725 EFTA_R1_00156836 EFTA01808093 USA Cell +1 954 235 =377 Email: allan@wilsonyachtmanagement.com Web: www.wilsonyachtmanagement.com <http://www.wilsonyachtmanagement.com/> <image001.jpg> UK Office 116/18a Hull Road I Hessle I East Yorkshire I HU13 =AH USA Office I 2019 SW 20 Street I Suite 105 I Fort =auderdale I Florida 3331 cimage002.png> <https://twitter.com/wymnews> <image003.png> <image004.png> Copyright © =ilson Yacht Management CONFIDENTIALITY NOTICE: This email (including all =ttachments) is for the intended recipient only and may contain =onfidential information, some of which my be privileged. Please be =dvised that any disclosure, copying, distribution or use of any part of =he information contained is prohibited. If you received this email in =rror, please destroy the original email and its attachment and notify =e immediately. Thank you From: Allan Wilson Sent: 19 =ecember 2016 13:50 To: 'M la Trestiza' Cc: Subjec e • anu a res iza = Hi Myla ; =hili bake Please see below email from the =nsurance company regarding the claim and payment for the treatment you =eceived in order for the insurance to pay the outstanding invoice =irect please read the email and complete the attached form as requested = Many =hanks Best Regards Allan Wilson Wilson Yacht =anagement &nbs=; =nbsp; &n=sp; &nb=p; &=bsp; UK Office Tel: +44 (0)1482 648322 Fax: +44(0)1482 648277 E Fax +44 (0) 8701 358555 Gsm: +44 (0)7802 684438 USA =ffice &n=sp; &nbs=; Tel: +1 954 =24 9030 E fax +1 =75 806 9725 USA Cell +1 954 235 =377 Email: allan@wilsonyachtmanagement.com Web: www.wilsonyachtmanagement.com <http://www.wilsonyachtmanagement.com/> <image007.jpg> UK Office I 16/18a Hull Road I Hessle I East Yorkshire HU13 =AH USA Office I 2019 SW 20 Street I Suite 105 I Fort =auderdale I Florida 3331 <image008.png> <https://twitter.com/wymnews> <image009.png> <image010.png> Copyright © =ilson Yacht Management 2 EFTA_R1_00156837 EFTA01808094 CONFIDENTIALITY NOTICE: This email (including all =ttachments) is for the intended recipient only and may contain =onfidential information, some of which my be privileged. Please be =dvised that any disclosure, copying, distribution or use of any part of =he information contained is prohibited. If you received this email in =rror, please destroy the original email and its attachment and notify =e immediately. Thank you From: Clementine Kingstone Sent: 14 =ecember 2016 19:09 To: Allan Wilson <Allan@wilsonyachtmanagement.com> Cc: Burr =aylor <btaylor@sturgetaylor.com <mailto:btaylor@sturgetaylor.com» Subject: RE: Te Manu - Myla Trestiza = 16/237 Dear Allan Following =n from my email below, I have now received confirmation from CEGA that =he Makati Medical Centre is chasing for payment of an outstanding =nvoice totalling PHP 121,972.73. I understand that the clinic are now =hasing frequently for payment and therefore insurers are being pressed =or settlement as soon as possible. I understand that Myla has herself =ncurred some expenses directly and also covered some costs incurred at =his clinic, but the majority of the treatment costs at this clinic =emain unpaid. I understand from CEGA that there is mention of treatment =ithin the outstanding invoice for a condition which is possibly not =elated to the subject matter of this claim. CEGA have been trying to =btain further information from Myla directly to assess cover for this =dditional treatment but regrettably, I understand that information has =ot been forthcoming. Unless Myla can provide the additional information =o CEGA that is requested, it is likely that the costs associated for =his additional condition, totalling PHP 7,245.00 will not be able to be =onsidered by insurers and will therefore be for the Insured's / =yla's account. With this in mind, if the Insured would like the outstanding =linic costs to be settled directly by Insurers as part of this claim, I =ould be most grateful if you could please urgently arrange for the =nsured to completed and return the attached claim form. Unfortunately, =nderwriters cannot process any settlement under the policy until a =ompleted claim form has been received. I would also be most grateful if =yla could please respond to CEGA with the additional information =equested by them so that the secondary treatment can be assessed. If Myla / =he Insured have incurred additional medical expenses that they would =ike to submit for consideration, I look forward to receiving copies of =he expenses including the original invoices detailing the treatment in =uestion, in due course. Please note that the claim will be subject =nbsp;to the policy excess of the first USD 200.00. Conversely,=if the Insured no longer wish to pursue this matter as a claim under =he policy, please advise and I can arrange for the outstanding clinic =nvoice to be forwarded for the Insured to settle directly. I trust =hat you find this to be in order and await your advices as to how you =ish to proceed. Kind regards Clem Clementine Kingstone ACII Claims Handler Sturge=Taylor & Associates Ltd Notebeme =ouse, 84 High St, Southampton, 5O14 2NT, United Kingdom Te 3 EFTA_R1_00156838 EFTA01808095 Fax + 44 2380 051381 <image011.jpg> IMPORTANT NOTICE-THE (UK) INSURANCE ACT 2015 On the 12th August 2016 the new (UK) =nsurance Act came into force and we need to inform you of the following =hanger that we are highlighting to all of our clients. The Insurance Act =The Act) will apply to all new insurances, renewals and any changes to =nsurance requirements effective on or after the 12th August 2016. The Act =equires that a fair presentation of the risk is made as failure to do =o could result in avoidance of the policy and retention of the premium =if failure to make a fair presentation is deliberate or reckless), or =f different terms being adopted to consider how the risk would have =een underwritten had fair presentation been made, which could result in =nly partial payment of any relevant claim. As your Broker we have = key role in ensuring that you are aware of and comply with the updated =equirements. Insurance Law for contracts subject =o the laws of England & Wales has changed since your last renewal =nd, in order that you may comply with your obligations please be =dvised of the undernoted requirements, which differ to those previously =n place: Duty =f Disclosure You have a duty to make a fair =resentation of the risk to the insurer, via Sturge Taylor & Assoc, =f every material circumstance which you ( or a member of your =rganisation, employee, Captain, Crew, management team etc ) =now or ought to know in relation to the risk placed and this duty is =pplicable before the cover is placed, when it is renewed and at any =ime throughout the contract if the risk changes. A circumstance =s material if it would influence the judgement of an Insurer / =einsurer in determining whether to take the risk and, if so, on what =erms. If you are in any doubt whether a circumstance is material =e recommend that it should be disclosed. Disclosure will be considered fair =f it is made in a manner that is reasonably clear and accessible and =he facts represented are correct and made in good faith. Failure =o disclose a material circumstance may entitle an insurer to impose =ifferent terms on your cover or proportionately reduce the amount of =ny claim payable. In the event that non-disclosure was deliberate =r reckless an insurer will be entitled to avoid the policy from =nception and retain the premium paid. This would result in any claims =nder the policy not being paid. Conditions Precedent You must also take =articular note of any conditions precedent that appear in the =olicy. If a condition precedent to the validity of this policy or =0 the commencement of the risk is not complied with, the insurer will =ot come on risk. If a condition precedent to the Insurers =iability under this policy is not complied with, the insurer may not be =iable for the loss in question. A condition precedent may exist =n the policy using other terminology and without reference to the words =E240.condition precedent'. It is very important that you read =he full policy carefully when it is received and, if you are unsure of, =r are unable to comply with any provisions therein, please let Sturge =aylor & Assoc know immediately. Contracting Out Some Insurers have exercised their right to opt out of the =equirements of the new act. In the event that this effects the =nsurances we have placed for you we will advise you accordingly. We have =roduced a simple guide to help you through some of the changes within =he Insurance Act which, if not attached to this email it is available =n request. If you would like further information please contact =s and we will endeavour to help. Registered =ffice: Sturge Taylor & Associates Ltd., Highfield Court, Tollgate, =handlers Ford, Eastleigh, Hampshire 5O14 3TY 4 EFTA_R1_00156839 EFTA01808096 Registered in England No. =706480 Authorised and =egulated by the Financial Conduct Authority www.sturgeyachts.com IMPORTANT: This =-mail (including all attachments) is confidential and may be =rivileged. It may be read, copied and used only by the intended =ecipients, and must not be re-transmitted in an amended form without =ur consent. If you have received it in error, please contact us =mmediately by return e-mail or by telephone. Please then delete it and =o not disclose its contents to any other person. We operate anti-virus programmes but you must take full =esponsibility for virus checking. From: Clementine Kingstone Sent: 07 =ecember 2016 16:53 To: 'Allan Wilson' <Allan@wilsonyachtmanagement.com> Cc: Burr =aylor <btaylor@sturgetaylor.com <mailto:btaylor@sturgetaylor.com» Subject: RE: Te Manu - Myla Trestiza = 16/237 Dear Allan I hope =hat you are well. I refer =o the above claim and note that we have not yet received the completed =laim form and supporting expenses that the Insured wish to submit for =onsideration. I would therefore be most grateful if you could please =rrange for the attached claim form to be completed and returned as soon =s practicable, along with any supporting receipted accounts =ncurred. I understand that the treating hospital in the Philippines is =hasing for payment of an outstanding invoice for treatment which we are =urrently looking into with CEGA and will revert with further details as =oon as practicable. If the invoice is correctly outstanding and the =nsured would like this invoice to be settled directly be insurers, then =nderwriters will require sight of the completed claim form before any =ayment can be arranged. I now look forward to hearing from you. Kind =egards Clem Clementine Kingstone ACII Claims Handler Sturge=Taylor & Associates Ltd Notebeme =ouse 84 High St, Southampton, 5O14 2NT, United Kingdom Tel Fax + 44 2380 051381 <image011.jpg> IMPORTANT NOTICE-THE (UK) INSURANCE ACT 2015 5 EFTA_R1_00156840 EFTA01808097 On the 12th August 2016 the new (UK) =nsurance Act came into force and we need to inform you of the following =hanges that we are highlighting to all of our clients. The Insurance Act =The Act) will apply to all new insurances, renewals and any changes to =nsurance requirements effective on or after the 12th August 2016. The Act =equires that a fair presentation of the risk is made as failure to do =o could result in avoidance of the policy and retention of the premium =if failure to make a fair presentation is deliberate or reckless), or =f different terms being adopted to consider how the risk would have =een underwritten had fair presentation been made, which could result in =nly partial payment of any relevant claim. As your Broker we have = key role in ensuring that you are aware of and comply with the updated =equirements. Insurance Law for contracts subject =o the laws of England & Wales has changed since your last renewal =nd, in order that you may comply with your obligations please be =dvised of the undernoted requirements, which differ to those previously =n place: Duty =f Disclosure You have a duty to make a fair =resentation of the risk to the insurer, via Sturge Taylor & Assoc, =f every material circumstance which you ( or a member of your =rganisation, employee, Captain, Crew, management team etc ) =now or ought to know in relation to the risk placed and this duty is =pplicable before the cover is placed, when it is renewed and at any =ime throughout the contract if the risk changes. A circumstance =s material if it would influence the judgement of an Insurer / =einsurer in determining whether to take the risk and, if so, on what =erms. If you are in any doubt whether a circumstance is material =e recommend that it should be disclosed. Disclosure will be considered fair =f it is made in a manner that is reasonably clear and accessible and =he facts represented are correct and made in good faith. Failure =o disclose a material circumstance may entitle an insurer to impose =ifferent terms on your cover or proportionately reduce the amount of =ny claim payable. In the event that non-disclosure was deliberate =r reckless an insurer will be entitled to avoid the policy from =nception and retain the premium paid. This would result in any claims =nder the policy not being paid. Conditions Precedent You must also take =articular note of any conditions precedent that appear in the =olicy. If a condition precedent to the validity of this policy or =o the commencement of the risk is not complied with, the insurer will =ot come on risk. If a condition precedent to the Insurers =iability under this policy is not complied with, the insurer may not be =iable for the loss in question. A condition precedent may exist =n the policy using other terminology and without reference to the words =E244condition precedent'. It is very important that you read =he full policy carefully when it is received and, if you are unsure of, =r are unable to comply with any provisions therein, please let Sturge =aylor & Assoc know immediately. Contracting Out Some Insurers have exercised their right to opt out of the =equirements of the new act. In the event that this effects the =nsurances we have placed for you we will advise you accordingly. We have =roduced a simple guide to help you through some of the changes within =he Insurance Act which, if not attached to this email it is available =n request. If you would like further information please contact =s and we will endeavour to help. Registered =ffice: Sturge Taylor & Associates Ltd., Highfield Court, Tollgate, =handlers Ford, Eastleigh, Hampshire 5O14 3TY Registered in England No. =706480 Authorised and =egulated by the Financial Conduct Authority www.sturgeyachts.com IMPORTANT: This =-mail (including all attachments) is confidential and may be =rivileged. It may be read, copied and used only by the intended =ecipients, and must not be re-transmitted in an amended form without =ur consent. If 6 EFTA_R1_00156841 EFTA01808098 you have received it in error, please contact us =mmediately by return e-mail or by telephone. Please then delete it and =o not disclose its contents to any other person. We operate anti-virus programmes but you must take full =esponsibility for virus checking. From: Clementine Kingstone Sent: 26 =ctober 2016 15:47 To: Allan Wilson <Allan@wilsonyachtmanagement.com> Cc: Burr =aylor <btaylor@sturgetaylor.com <mailto:btaylor@sturgetaylor.com» Subject: RE: Te Manu - Myla Trestiza = 16/237 Dear Allan I refer =o my emails below and look forward to receiving the supporting claims =ocumentation in due course in order that I can proceed towards =inalising this claim. Kind regards Clem Clementine Kingstone ACII Claims Handler Sturge=Taylor & Associates Ltd Notebeme =ouse, 84 High St, Southampton, 5O14 2NT, United Kingdom Tel = 44 2380 213868 Fax + 44 2380 051381 <image011.jpg> IMPORTANT NOTICE-THE (UK) INSURANCE ACT 2015 On the 12th August 2016 the new (UK) =nsurance Act came into force and we need to inform you of the following =hanges that we are highlighting to all of our clients. The Insurance Act =The Act) will apply to all new insurances, renewals and any changes to =nsurance requirements effective on or after the 12th August 2016. The Act =equires that a fair presentation of the risk is made as failure to do =o could result in avoidance of the policy and retention of the premium =if failure to make a fair presentation is deliberate or reckless), or =f different terms being adopted to consider how the risk would have =een underwritten had fair presentation been made, which could result in =nly partial payment of any relevant claim. As your Broker we have = key role in ensuring that you are aware of and comply with the updated =equirements. Insurance Law for contracts subject =o the laws of England & Wales has changed since your last renewal =nd, in order that you may comply with your obligations please be =dvised of the undernoted requirements, which differ to those previously =n place: Duty =f Disclosure You have a duty to make a fair =resentation of the risk to the insurer, via Sturge Taylor & Assoc, =f every material circumstance which you ( or a member of your =rganisation, employee, Captain, Crew, management team etc ) =now or ought to know in relation to the risk placed and this duty is =pplicable before the cover is placed, when it is renewed and at any =ime throughout the contract if the risk changes. A circumstance =s material if it would influence 7 EFTA_R1_00156842 EFTA01808099 the judgement of an Insurer / =einsurer in determining whether to take the risk and, if so, on what =erms. If you are in any doubt whether a circumstance is material =e recommend that it should be disclosed. Disclosure will be considered fair =f it is made in a manner that is reasonably clear and accessible and =he facts represented are correct and made in good faith. Failure =o disclose a material circumstance may entitle an insurer to impose =ifferent terms on your cover or proportionately reduce the amount of =ny claim payable. In the event that non-disclosure was deliberate =r reckless an insurer will be entitled to avoid the polity from =nception and retain the premium paid. This would result in any claims =nder the policy not being paid. Conditions Precedent You must also take =articular note of any conditions precedent that appear in the =olicy. If a condition precedent to the validity of this policy or =o the commencement of the risk is not complied with, the insurer will =ot come on risk. If a condition precedent to the Insurers =iability under this policy is not complied with, the insurer may not be =iable for the loss in question. A condition precedent may exist =n the policy using other terminology and without reference to the words =E24>Qcondition precedent'. It is very important that you read =he full policy carefully when it is received and, if you are unsure of, =r are unable to comply with any provisions therein, please let Sturge =aylor & Assoc know immediately. Contracting Out Some Insurers have exercised their right to opt out of the =equirements of the new act. In the event that this effects the =nsurances we have placed for you we will advise you accordingly. We have =roduced a simple guide to help you through some of the changes within =he Insurance Act which, if not attached to this email it is available =n request. If you would like further information please contact =s and we will endeavour to help. Registered =ffice: Sturge Taylor & Associates Ltd., Highfield Court, Tollgate, =handlers Ford, Eastleigh, Hampshire 5O14 3TY Registered in England No. =706480 Authorised and =egulated by the Financial Conduct Authority www.sturgeyachts.com IMPORTANT: This "...mail (including all attachments) is confidential and may be =rivileged. It may be read, copied and used only by the intended =ecipients, and must not be re-transmitted in an amended form without =ur consent. If you have received it in error, please contact us =mmediately by return e-mail or by telephone. Please then delete it and =o not disclose its contents to any other person. We operate anti-virus programmes but you must take full =esponsibility for virus checking. From: Clementine Kingstone Sent: 12 =ctober 2016 09:31 To: 'Allan Wilson' <Allan@wilsonyachtmanagement.com> Cc: Burr =aylor <btaylor@sturgetaylor.com <mailto:btaylor@sturgetaylor.com» Subject: RE: Te Manu - Myla Trestiza = 16/237 Dear Allan I refer =o your email of 16th September 2016 below and =ook forward to receiving the supporting claims documentation in due =ourse. Kind regards 8 EFTA_R1_00156843 EFTA01808100 Clem Clementine Kingstone ACII Claims Handler Sturge=Taylor & Associates Ltd Notebeme =ouse, 84 High St, Southampton, 5O14 2NT, United Kingdom Tel = 44 2380 213868 Fax + 44 2380 051381 <image011.jpg> IMPORTANT NOTICE-THE (UK) INSURANCE ACT 2015 On the 12th August 2016 the new (UK) =nsurance Act came into force and we need to inform you of the following =hanger that we are highlighting to all of our clients. The Insurance Act =The Act) will apply to all new insurances, renewals and any changes to =nsurance requirements effective on or after the 12th August 2016. The Act =equires that a fair presentation of the risk is made as failure to do =o could result in avoidance of the policy and retention of the premium =if failure to make a fair presentation is deliberate or reckless), or =f different terms being adopted to consider how the risk would have =een underwritten had fair presentation been made, which could result in =nly partial payment of any relevant claim. As your Broker we have = key role in ensuring that you are aware of and comply with the updated =equirements. Insurance Law for contracts subject =o the laws of England & Wales has changed since your last renewal =nd, in order that you may comply with your obligations please be =dvised of the undernoted requirements, which differ to those previously =n place: Duty =f Disclosure You have a duty to make a fair =resentation of the risk to the insurer, via Sturge Taylor & Assoc, =f every material circumstance which you ( or a member of your =rganisation, employee, Captain, Crew, management team etc ) =now or ought to know in relation to the risk placed and this duty is =pplicable before the cover is placed, when it is renewed and at any =ime throughout the contract if the risk changes. A circumstance =s material if it would influence the judgement of an Insurer / =einsurer in determining whether to take the risk and, if so, on what =erms. If you are in any doubt whether a circumstance is material =e recommend that it should be disclosed. Disclosure will be considered fair =f it is made in a manner that is reasonably clear and accessible and =he facts represented are correct and made in good faith. Failure =o disclose a material circumstance may entitle an insurer to impose =ifferent terms on your cover or proportionately reduce the amount of =ny claim payable. In the event that non-disclosure was deliberate =r reckless an insurer will be entitled to avoid the policy from =nception and retain the premium paid. This would result in any claims =nder the policy not being paid. Conditions Precedent You must also take =articular note of any conditions precedent that appear in the =olicy. If a condition precedent to the validity of this policy or =o the commencement of the risk is not complied with, the insurer will =ot come on risk. If a condition precedent to the Insurers =iability under this policy is not complied with, the insurer may not be =iable for the loss in question. A condition precedent may exist =n the policy using other terminology and without reference to the words =E244condition precedent'. It is very important that you read =he full policy carefully when it is received and, if you are unsure of, =r are unable to comply with any provisions therein, please let Sturge =aylor & Assoc know immediately. Contracting Out 9 EFTA_R1_00156844 EFTA01808101 Some Insurers have exercised their right to opt out of the =equirements of the new act. In the event that this effects the =nsurances we have placed for you we will advise you accordingly. We have =roduced a simple guide to help you through some of the changes within =he Insurance Act which, if not attached to this email it is available =n request. If you would like further information please contact =s and we will endeavour to help. Registered =ffice: Sturge Taylor & Associates Ltd., Highfield Court, Tollgate, =handlers Ford, Eastleigh, Hampshire 5014 3TY Registered in England No. =706480 Authorised and =egulated by the Financial Conduct Authority www.sturgeyachts.com IMPORTANT: This It-mail (including all attachments) is confidential and may be =rivileged. It may be read, copied and used only by the intended =ecipients, and must not be re-transmitted in an amended form without =ur consent. If you have received it in error, please contact us =mmediately by return e-mail or by telephone. Please then delete it and =o not disclose its contents to any other person. We operate anti-virus programmes but you must take full =esponsibility for virus checking. From: Allan Wilson Imailto:Allan@wilsonyachtmanagement.com] Sent: 16 =eptember 2016 09:21 To: Clementine Kingstone <ckingstone@sturgetaylor.com> Cc: Burr =aylor <btaylor@sturgetaylor.com <mailto:btaylor@sturgetaylor.com» Subject: RE: Te Manu - Myla Trestiza = 16/237 Hi Clem I will be back in the office next week and will try =nd get this sorted Best Regards Allan Wilson Wilson Yacht =anagement &nbs=; =nbsp; &n=sp; &nb=p; &=bsp; UK Office Tel: +44 (0)1482 648322 Fax: +44 (0)1482 648277 E=Fax +44 (0) 8701 358555 Gsm: +44 (0)7802 =84438 USA =ffice &n=sp; &nbs=; Tel: =1 954 524 9030 E fax +1 775 806 =725 USA Cell +1 954 235 =377 Email: allan@wilsonyachtmanagement.com Web: www.wilsonyachtmanagement.com <http://www.wilsonyachtmanagement.com/> <image012.jpg> UK Office 16/18a Hull Road I Hessle East Yorkshire = HU13 OAH USA Office 12019 SW 20 Street I Suite 105 Fort =auderdale I Florida 3331 10 EFTA_R1_00156845 EFTA01808102 cimage008.png> <image009.png> <image010.png> Copyright =C2* Wilson Yacht Management CONFIDENTIALITY NOTICE: This =mail (including all attachments) is for the intended recipient only and =ay contain confidential information, some of which my be privileged. =lease be advised that any disclosure, copying, distribution or use of =ny part of the information contained is prohibited. If you received =his email in error, please destroy the original email and its =ttachment and notify me immediately. Thank you From: Clementine Kingstone [mailto:ckingstone@sturgetaylor.com] Sent: 15 =eptember 2016 17:01 To: Allan Wilson <Allan@wilsonyachtmanagement.com> Cc: Burr =aylor Subject: Te Manu • y a restiza • = Dear Allan I refer =o the above claim and understand from Underwriters medical assistance =ompany, CEGA that Myla resumed her duties on 23rd July=2016. I therefore look forward to receiving the completed claim =orm, supporting documentation and any costs incurred by the Insured, in =rder that I can proceed towards finalising this claim with insurers on =he Insured's behalf. Kind regards Clem Clementine Kingstone ACII Claims Handler Sturge=Taylor & Associates Ltd Notebeme =ouse, 84 High St, Southampton, 5O14 2NT, United Kingdom Tel = Fax + 44 2380 051381 <image013.jpg> <image014.jpg> IMPORTANT NOTICE-THE (UK) INSURANCE ACT 2015 On the 12th August 2016 the new (UK) =nsurance Act came into force and we need to inform you of the following =hanges that we are highlighting to all of our clients. The Insurance Act =The Act) will apply to all new insurances, renewals and any changes to =nsurance requirements effective on or after the 12th August 2016. The Act =equires that a fair presentation of the risk is made as failure to do =o could result in avoidance of the policy and retention of the premium =if failure to make a fair presentation is deliberate or reckless), or =f different terms being adopted to consider how the risk would have =een underwritten had fair presentation been made, which could result in =nly partial payment of any relevant claim. As your Broker we have = key role in ensuring that you are aware of and comply with the updated =equirements. 11 EFTA_R1_00156846 EFTA01808103 Insurance Law for contracts subject =o the laws of England & Wales has changed since your last renewal =nd, in order that you may comply with your obligations please be =dvised of the undernoted requirements, which differ to those previously =n place: Duty =f Disclosure You have a duty to make a fair =resentation of the risk to the insurer, via Sturge Taylor & Assoc, =f every material circumstance which you ( or a member of your =rganisation, employee, Captain, Crew, management team etc ) =now or ought to know in relation to the risk placed and this duty is =pplicable before the cover is placed, when it is renewed and at any =ime throughout the contract if the risk changes. A circumstance =s material if it would influence the judgement of an Insurer / =einsurer in determining whether to take the risk and, if so, on what =erms. If you are in any doubt whether a circumstance is material =e recommend that it should be disclosed. Disclosure will be considered fair =f it is made in a manner that is reasonably clear and accessible and =he facts represented are correct and made in good faith. Failure =o disclose a material circumstance may entitle an insurer to impose =ifferent terms on your cover or proportionately reduce the amount of =ny claim payable. In the event that non-disclosure was deliberate =r reckless an insurer will be entitled to avoid the policy from =nception and retain the premium paid. This would result in any claims =nder the policy not being paid. Conditions Precedent You must also take =articular note of any conditions precedent that appear in the =olicy. If a condition precedent to the validity of this policy or =o the commencement of the risk is not complied with, the insurer will =ot come on risk. If a condition precedent to the Insurers =iability under this policy is not complied with, the insurer may not be =iable for the loss in question. A condition precedent may exist =n the policy using other terminology and without reference to the words =E244condition precedent'. It is very important that you read =he full policy carefully when it is received and, if you are unsure of, =r are unable to comply with any provisions therein, please let Sturge =aylor & Assoc know immediately. Contracting Out Some Insurers have exercised their right to opt out of the =equirements of the new act. In the event that this effects the =nsurances we have placed for you we will advise you accordingly. We have =roduced a simple guide to help you through some of the changes within =he Insurance Act which, if not attached to this email it is available =n request. If you would like further information please contact =s and we will endeavour to help. Registered =ffice: Sturge Taylor & Associates Ltd., Highfield Court, Tollgate, =handlers Ford, Eastleigh, Hampshire SO14 3TY Registered in England No. =706480 Authorised and =egulated by the Financial Conduct Authority www.sturgeyachts.com IMPORTANT: This =-mail (including all attachments) is confidential and may be =rivileged. It may be read, copied and used only by the intended =ecipients, and must not be re-transmitted in an amended form without =ur consent. If you have received it in error, please contact us =mmediately by return e-mail or by telephone. Please then delete it and =o not disclose its contents to any other person. We operate anti-virus programmes but you must take full =esponsibility for virus checking. <NEW Soton =edical Claim Form.pdf> 12 EFTA_R1_00156847 EFTA01808104