Terms and Conditions personnel stationed abroad (URA) 2022

These Terms and Conditions of insurances entered into force 1 January 2022.

Document information

Type of document: Terms and Conditions

Valid from: 01/01/2022

Sender: Insurance Department

Pages in print: 19

2 Insurance cover

2.1 Personal injury cover

In the event of personal injury due to an accident suffered by the insured party during the insurance period, reimbursementfor personal injury is paid in accordance with chapter 5, sections 1, 2 and 5 of the Swedish Tort Liability Act (1972:207) as if liability to pay damages had existed. In questions of reimbursement for loss of earnings, the rules on calculation of the annuity base in chapter 41, sections 8-18 of the Swedish Social Insurance Code (2010:110) apply. These rules relating to loss of earnings do not apply to sick leave that is shorter than 31 days.

Reimbursement for personal injury according to chapter 5, sections 1 and 2 of the Swedish Damages Act includes, among other things, healthcare costs, loss of income, pain and suffering and disfigurement or other permanent injury. Reimbursement according to point 2 of the above mentioned act also covers funeral costs, loss of maintenance and personal injury for the next of kin of the deceased.

Personal injury in connection with assault is compensated to the extent that the insured does not, within a reasonable time in consideration of the nature of the injury and the need for reimbursement, receive damages from the perpetrator, the perpetrator’s insurance company or another, although no later than three years after Kammarkollegiet has been notified. If the insured party has been negligent, the reimbursement may be adjusted.

Necessary and reasonable costs for dental care are reimbursed in the event of damage to teeth caused by an accident. For implant treatment and dental veneers, reimbursement is only paid on condition that the treatment is of such a kind as is covered by the general dental insurance policy. Before treatment is given, the insured party must contact Kammarkollegiet for an assessment of whether the treatment is reasonable. The insurance policy only provides reimbursement for one (1) permanent treatment. Reimbursement is not paid for damage caused by chewing or biting, as this is not considered to be an accident under this clause.

If a dental injury is an occupational injury, the Swedish Social Insurance Agency can reimburse the costs of dental care.

Provisions

An assault must be reported immediately to the local police. The insured party must produce evidence that a police report has been made. If Kammarkollegiet so requires, the insured party must bring legal action for damages against the perpetrator. Kammarkollegiet will then cover all the insured party’s costs that are not otherwise covered.

The insured party must observe normal caution, i.e. if possible avoid dangerous areas and situations and otherwise do what may reasonably be expected in order to avoid being the victim of assault or other injury. In the event of negligence, the reimbursement is normally halved, unless the circumstances are such that the negligence was very minor or had little significance for the insurance claim. In the event of gross negligence, the right to reimbursement may be lost completely. The same applies if the insured was under the influence of alcohol, sleeping pills, narcotics or other intoxicant or committed a deliberate act that could lead to at least a fine under Swedish law.

Exceptions

Personal injury cover under this insurance policy only applies to the extent that corresponding reimbursement cannot be given through a collective agreement on reimbursement for occupational injuries or through another corresponding insurance policy, through motor vehicle insurance or according to the rules of liability for the operator of rail or air travel or other facility for which the rules for injury are specifically regulated by law.

In cases where there is a right to annuity according to the Social insurance Code (2010:110), the occupational injury annuity is coordinated with reimbursement under this insurance policy.

This insurance policy covers damages/injuries or expenses only to the extent that reimbursement cannot be obtained according to the Swedish Social Insurance Code (2010:110), other legislation or other insurance policy.

The insurance policy does not cover injuries that have not been documented in the form of medical records, certification, etc. within the healthcare service in connection with the event.

The insurance policy does not cover victimisation or abusive behaviour.

2.2 Disability and death benefits

In the event of an accident that results in medical disability, a lump sum is paid pro rata to the degree of medical disability. In the event of a medical disability of one hundred per cent, the lump sum is 22 base amounts. This calculation uses the base amount for the year in which the disability is confirmed. The amount is paid as soon as it has been possible to confirm the definitive degree of disability. If this has not been possible within one year of the accident, a provisional amount is paid in relation to the lowest permanent degree of disability the accident is deemed to give rise to. Final settlement then takes place as soon as the definitive degree of disability has been confirmed. If this has not been possible within three years of the accident, a final settlement is made in accordance with the definitive degree of disability assessed at this time. Any surplus due from the provisional amount will not be reclaimed.

If an accident results in death within three years, a lump sum payment is made upon death. If the insured party has not drawn up a special beneficiary provision for the insurance policy, the spouse or cohabitant and children under the age of 20 or - if there are no such relatives - the legal heirs shall be the beneficiaries.

If one of the surviving dependents is a spouse or cohabitant or if at least one of the surviving dependents is the insured party’s child under the age of twenty, the sum is 11 base amounts.

If there is both a spouse or cohabitant and children under the age of 20 among the surviving dependents, the sum is 22 base amounts.

In other cases, it is 6 base amounts.

When performing the calculation, the base amount in the year of death is used. Where appropriate, what has been paid as a lump sum for disability is deducted from the lump sum in the event of death.

If a spouse or cohabitant and children are beneficiaries, half of the insurance sum shall be paid to the spouse or cohabitant and the remainder to the insured party’s children.

If a divorce case was in progress at the time of death, the spouse is not the beneficiary.

If the person who may be covered by the insurance policy wants beneficiaries other than those stated above, a special beneficiary provision must be drawn up. The amounts stated above, depending on the group of surviving dependents, can be distributed in the manner specified by the insured party himself/herself in the beneficiary provision. A form for this is available from Kammarkollegiet. Once drawn up, a provision must be submitted immediately to Kammarkollegiet for storage.

2.3 Visits by close relatives

In the event of a life-threatening medical condition or death of the insured party, reasonable costs of travel and accommodation are reimbursed for a maximum of three close relatives in connection with visits. The same applies in connection with a funeral abroad. If the close relative is in a country other than Sweden, the insurance policy can reimburse travel costs corresponding to what a trip from Sweden would have cost. The illness or death must be confirmed by means of a doctor’s certificate or death certificate.

2.4 Travel to a close relative

The insurance policy reimburses reasonable additional costs for a return trip to Sweden in the event of the life-threatening medical condition or death of a close relative. The insurance cover is limited to one (1) trip per life-threatening illness and/or death of a relative. Travel to and from the airport in the country of service can be reimbursed if the trip is made by public transport. Costs incurred in Sweden are not reimbursed.

If the close relative is in a country other than Sweden, the insurance policy can reimburse travel costs corresponding to what a trip to Sweden would have cost. Costs incurred in third countries are not reimbursed.

The illness or death must be confirmed by means of a doctor’s certificate or death certificate.

2.5 Medical care, dental care and home transport cover

2.5.1 Medical care

Reimbursement is paid for necessary, reasonable and documented costs of emergency medical care abroad. For each event, such costs are reimbursed for a maximum period of 90 days from the first contact with the care provider.

Any additional costs (e.g. board and lodging, rebooking of ticket) are not reimbursed.

The insurance policy does not reimburse costs of medical check-ups, vaccinations or other planned medical care.

2.5.2 Maternity care and childbirth

In connection with pregnancy, necessary and reasonable costs are paid for maternity care and childbirth. Reimbursement is also paid for follow-up on the mother and checks on the child until it reaches the age of one.

If it may be considered unsuitable to proceed with a birth at the posting location, for medical or other reasons, the reasonable cost of travel is reimbursed to Sweden or another country where the insured party has their domicile/citizenship before the birth, and subsequently for travel back to the posting location.

Costs incurred during a stay in Sweden or the country where the insured has their domicile/citizenship are not reimbursed.

The insurance policy also reimburses additional costs for a return trip to Sweden in connection with the birth for other family members covered by the insurance policy.

Provisions

A person who becomes pregnant should contact Kammarkollegiet and Falck Global Assistance at an early stage for a decision on maternity care, a doctor and/or a maternity clinic. In connection with Kammarkollegiet receiving a notification of pregnancy, more detailed information is sent out to the pregnant woman.

If adequate maternity care and childbirth care comparable to general Swedish healthcare in accordance with the guidelines in Region Stockholm are available in the country of posting, in the first instance any costs of such medical care services are reimbursed.

If Falck Global Assistance advises against giving birth in a particular country, costs of childbirth in that country will not be reimbursed.

Anyone planning to fly to Sweden to give birth to their child must check with the airline to find out rules the company has for pregnant passengers. According to IATA’s rules, there is a maximum time limit for flying, but many companies also require a recently-issued doctor’s certificate for flights after week 28 (27 + 6). Any costs incurred due to a person not following the airline’s rules are not covered by the insurance policy.

2.5.3 Dental care

Reimbursement is paid for necessary, reasonable and documented costs of emergency dental care abroad. For each event, such ecosts are reimbursed for a maximum period of 90 days from the first contact with the care provider.

Any additional costs (e.g. board and lodging, rebooking of ticket) are not reimbursed.

If damage to teeth has arisen as a result of an accident, any necessary and reasonable costs for treatment of the damage in Sweden are also reimbursed, if the cost cannot be reimbursed by any other party. Both treatment and the cost must be approved in advance by Kammarkollegiet.

If damage to teeth is an occupational injury, the Swedish Social Insurance Agency must consider the question of compensation in the first instance. Kammarkollegiet then decides whether the damage can be reimbursed in accordance with this clause.

Limitation

In the event of damage to teeth caused by chewing or biting, reimbursement is only paid for the emergency treatment that is performed abroad.

Permanent crowns, bridges or implants are not reimbursed.

2.5.4 Home transport cover

The insurance policy reimburses necessary and reasonable additional costs of home transport to Sweden by the insured party due to the fact that he/she has suffered a serious illness or major personal injury abroad. The insurance policy also reimburses a return trip to the country of posting. The insurance policy also reimburses the cost of repatriation to Sweden of a deceased person. The insurance policy does not reimburse costs in Sweden.

If the insured party’s domicile is in a country other than Sweden, the insurance policy can reimburse repatriation there, on the condition that the costs do not exceed the cost of a corresponding repatriation to Sweden.

Comment re. clause 2.5

Sweden currently has agreements on healthcare benefits with the Nordic countries, with other countries in the EU and with some convention countries. In these countries, the public healthcare system must be used in the first instance.

Anyone travelling to a country within the EU or to another convention country should take with them a certificate from the Swedish Social Insurance Agency showing that he/she belongs to it, so that he/she can safely receive medical care in accordance with the EU rules and in accordance with the convention, i.e. at no other cost than a patient fee, if applicable.

Anyone travelling to a non-convention country should take with them a personal insurance certificate. Documentation for such a certificate is provided by Kammarkollegiet and issued by the relevant government agency. The purpose of the certificate is to ensure that the insured party has quick access to emergency medical care by enabling the healthcare institution to immediately establish that there is an insurance policy that will cover the costs.

Regulation re. clause 2.5

In the event of a serious illness, major personal injury, hospitalisation, pregnancy, need for repatriation or other active assistance with injury abroad, Falck Global Assistance or Kammarkollegiet must be contacted before medical care or repatriation commences.

Tel: +46 8 587 717 49Fax: +46 8 587 717 62Email: fga@se.falck.com

If Falck Global Assistance recommends home transport to Sweden or evacuation to a third country and the insured party does not agree with this, Kammarkollegiet may decline to pay reimbursement for continuing care abroad for the illness/injury in question.

The insurance policy does not cover emergency medical care in the country where the insured party is a citizen or domiciled. If the insured party does not have access to healthcare benefits in that country, the insurance policy applies. If the country of posting is the same as the country where the insured party is a citizen or is domiciled, no costs for maternity care or childbirth are reimbursed if the insured party has access to healthcare benefits.

Anyone who falls ill during a temporary stay in another EU/EEA country, Switzerland or another convention country must submit an application to the Swedish Social Insurance Agency, which will examine whether the care provided can be reimbursed. Receipts and other documentation about the care provided must be attached to the application. Kammarkollegiet has the right to request a power of attorney from the insured party, which includes applying for compensation afterwards for healthcare costs in another EU/EEA country, Switzerland or another convention country and to receive such compensation on behalf of the insured party.

2.6 Baggage delay

If baggage that has been checked in for an outbound journey is delayed for more than two hours, any necessary and reasonable costs will be reimbursed to a maximum of SEK 5,000. An outbound journey for the employee and accompanying family members refers to travel from the country of posting. Outbound journey also refers to the posting journey from Sweden.

Provisions

The insured must party present a certificate of delay from the transport company. As a first step, the transport company’s liability, obligations or offers must be requested and used.

2.7 Liability cover

2.7.1 Scope

Liability cover with the insurance applies to:

  • Claims for damages against the insured as a private individual

  • Claims for damages that are directed against the insured in the relationship between the insured as tenant and a landlord

The insurance covers damage that occurs during the insurance period caused by the insured due to negligence or for which the insured is strictly liable according to pre-contractual right to compensatory damages.

2.7.2 Exceptions

The insurance does not cover:

  • Damage caused to some extent intentionally or due to gross negligence by the insured

  • Claims for damages against the insured as an entrepreneur

  • Family disputes such as divorce, custody dispute, inheritance dispute etc.

  • Undertakings by the insured that exceed the prevailing right to damages

  • Claims for damages against the insured as the owner, user or driver of a motor vehicle, boat or aircraft,

  • Claims that are covered by an employer’s principal liability.

  • Claims that arise as a result of the insured committing an offence for which, under Swedish law, imprisonment is a possible sanction and

  • damage claims against the insured or accompanying family member that pertain to some form of damage through wear or neglect of a rented or borrowed home (in the terms of condition as of 1 August 2023).

The insurance does, however, apply to claims for damages from someone other than the vehicle owner or hirer against the insured as the driver of a hired or borrowed vehicle, to the extent that the claim is not covered by applicable motor vehicle or corresponding insurance.

NoteThe insurance only provides reimbursement for damages. As such, it does not cover fines or penalties.

2.7.3 Claims regulation

If the insured receives a claim for damages because of an incident that has occurred during the insurance period, Kammarkollegiet undertakes to do the following for the insured:

  • investigate whether liability exists,

  • negotiate with the other party,

  • represent the insured party in legal or arbitration proceedings and thereby pay the legal or arbitration costs that the insured party incurs or is liable to pay and that cannot be obtained from the counter party or other party and

  • pay the damages the insured party is liable to pay in accordance with applicable liability law, although only up to a maximum of SEK 5,000,000.

2.7.4 Provisions

Kammarkollegiet is not bound by the insured having undertaken in advance to reimburse for any damage, admit liability for damages or approve claims for reimbursement. If any claim is made, the insured must refer to the insurance with Kammarkollegiet. The insured should note the names, addresses and telephone numbers of witnesses and others who can provide information about what has occurred.

2.8 Legal costs

If the insured, as a private individual, claims damages from anyone because of an event that has occurred during the insurance period, the insured’s reasonable legal costs will be covered if these cannot be paid by the other party or another. As appropriate, reimbursement is paid for any legal costs that the insured is ordered by a court to pay to the other party.

2.8.1 Scope

The insurance policy covers legal costs:

  • If the insured party, as a private individual, makes a claim for damages against another person due to an event that occurred in the country of posting

  • If the insured party, as a tenant, makes a claim for damages against another person relating to the accommodation rented during the rental period in the country of posting

  • This only applies to disputes that can be heard before a general court.

2.8.2 Exceptions

The insurance policy does not cover the following disputes:

  • Between the insured party and the policyholder (the government agency).

  • Where the value is less than one half price base amount (small claims).

  • Relating to professional or service-related practice or labour law disputes

  • Related to family or inheritance law, such as divorces, custody disputes, distribution of estate or inheritance disputes. Disputes within registered partnership or cohabitation according to the Cohabitees Act (2003:376) are not covered.

  • Relating to pledges, guarantee obligations, similar obligations or other agreements entered into by the insured and benefiting a legal person or other private person.

  • Relating to the insured as a property owner or owner of an apartment or with tenant-owner rights

  • Relating to the insured as owner, user or driver of a motor vehicle, trailer, boat or aircraft*

  • Relating to transferred claims

  • Relating to personal injury regulation, provided that reimbursement for the costs of representation cannot be obtained via traffic insurance

* The insurance does apply, however, when the insured is the driver of a hired vehicle and is, according to an agreement with the hire company, the registered driver, in disputes with another party than the hire company/car owner, to the extent that the claim is not covered by prevailing traffic insurance or other corresponding insurance.

2.8.3 Reimbursement amount and deductible

The maximum reimbursement amount is SEK 200,000 per contract period. The deductible is 20% of the total cost of damages, although with a minimum of SEK 1,500 and a maximum of SEK 6,000.

2.8.4 Provisions

The insured shall as a first resource make use of legal aid and accept compensation from public funds.

The insured shall as a first resource engage a Swedish lawyer as legal representative. In the case of a dispute abroad, the insured shall engage a legal representative approved by Kammarkollegiet.

The insurance does not cover the costs incurred when the insured waives the right to legal aid from public funds, or costs incurred when the insured waives the right to compensation for costs from the counter party.

The insurance does not cover costs or value of own work, loss of income, travel and board and lodging or other costs for the insured.

Compensation may be paid when the parties have reached a settlement or for other reasons do not take the case to court

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