property insurance clauses
whole doc.
i. the property insured
the property insured shall refer to all properties and expenses spe-
cified in the schedule of this policy.
unless specifically agreed upon in writing between the insured and the
company and appraised and value-established by professionals or assessors,
the following articles and the expenses relevant thereto shall not be
covered under this policy:
1. gold, silver, pearls, diamonds, precious stones and jades;
2. antiques, articles of virtue, ancient coins, ancient books and
ancient paintings;
3. works of art or postage stamps;
4. advertisements, aerials, neon, pieces of solar energy apparatus
etc. on buildings;
5. computer system records or its making and copying costs.
under no circumstances shall the following articles relevant thereto
be covered hereunder:
1. guns, ammunition or explosives;
2. banknotes, securities, bills, documents, files, account books or
drawings;
3. animals, plants and agricultural crops;
4. mobile phones, portable computers, removable photograph apparatus
or other precious articles;
5. vehicles licensed for general transport use.
ii. scope of cover
the company shall indemnify the insured in respect of the physical
loss of or damage to the insured property stated in the schedule during
the period of insurance directly arising from the following perils:
1. fire;
2. explosion;
but not including explosion of a boiler or other pressure relief
devices;
3. lightning;
4. hurricane, typhoon and tornado;
5. storm, tempest and flood;
but not including loss or damage caused by change in normal water
level or inundation from sea water or water escape or leakage from the
normal confines of any natural water course, lake or reservoir, canal or
dam as well as loss of or damage to the insured property caused by storm,
tempest or flood while being stored in the open or covered by or under a
shed thatched with reeds, tarpaulins, straw, asphalt felt, plastic or
nylon sheet;
6. hailstorm;
7. landslide, rockslide, avalanche;
8. volcanic explosion;
9. subsidence of ground;
but not including loss or damage resulting from pile driving,
groundwork or excavation;
10. crashing aircraft and parts or articles falling from aircraft and
other flying objects;
11. bursting of water tank or pipe;
but not including bursting of water tank or pipe due to rust.
iii. exclusions
this company shall not be liable for:
1. loss of or damage to the insured property or expenses caused by
intentional act or gross negligence of the insured or his representative;
2. loss of or damage to the insured property caused and expenses
incurred by earthquake or tsunami;
3. depreciation, loss of market, loss of use and other consequential
losses of any description;
4. loss of or damage to the insured property or expenses incurred
arising from war, warlike operation, hostilities, armed conflicts,
terrorism, conspiracy insurrection, coup detat, strike, riot, and civil
commotion;
5. confiscation, requisition, destruction or damage by any action or
order of any government de jure or de facto or by any public authorities;
6. loss of or damage to insured property directly or indirectly caused
or expenses incurred by nuclear fission, nuclear fusion, nuclear weapon,
nuclear material, nuclear radiation and radioactive contamination;
7. loss or damage caused and expenses incurred by pollution of any
kind or description whatsoever such as atmosphere, land and water
pollutions but this does not include loss or damage caused by pollution
arising from perils specified in article ii the policy;
8. the deductibles stated in the schedule to be borne by the insured;
9. loss or damage arising from any other perils not listed in article
ii of this policy.
iv. treatment of claim
1. the company shall at its option, indemnify the insured in respect
of loss or damage falling within the scope of cover of the policy by
either:
1.1 paying the amount of the actual value of the property lost or
damaged or;
1.2 paying the necessary cost of repairing or restoring the damaged
property to its nearest condition immediately preceding the damage or;
1.3 repairing or restoring the damaged property to a condition near to
other property of like kind and quality.
2. indemnity under this policy shall be based upon the sound market
value of the property prevailing at the time of loss. if the sound market
value of the damaged property is lower than the sum insured of such
property, the claim shall be settled on its market value; if the sound
market value of the property is in excess of the sum insured, the company
shall only be liable for such proportion of the claim as the sum insured
of the damaged property bears to its sound market value. if the insured
property enumerated in the schedule is more than one item, the provision
of this clause shall apply to each thereof.
3. if a claim for loss of or damage to the insured item is settled on
a total loss basis, the salvage value of such item shall be deducted from
the indemnity payable by the company. the company may, at its option,
decline the abandonment of any damaged property by the insured.
4. in the event of loss of or damage to any equipment item insured
forming part of a pair or set, the company shall not be liable in respect
of each of such item lost or damaged for more than its proportionate part
of the sum insured on the complete pair or set.
5. in the event of any loss occurrence, the company shall also pay the
insured for the expenses reasonably incurred for taking necessary measures
to minimize loss or damage to the least extent, but in no case shall such
expenses referred hereto exceed the sum insured of the insured property.
6. upon settlement of a claim, an endorsement shall be issued by the
company to reduce the sum insured corresponding to the property lost or
damaged by the amount so settled from the date of loss, and no premium
shall be refunded for the amount so reduced. if reinstatement of the sum
insured is required by the insured upon settlement of the claim, an
additional premium for the reinstated amount shall be charged at an agreed
rate, and be calculated on pro rata daily basis from the date of loss to
the expiry of the insurance.
7. the time of validity of a claim under this insurance shall not
exceed a period of two year counting from the date of loss.
v. insureds obligations
the following obligations shall be strictly fulfilled by the insured
and his representative:
1. the insured and his representative, when applying for insurance
shall make true answers or descriptions to the questions in the proposal
and questionnaire or to any other questions raised by the company.
2. the insured and his representative shall pay to the company in due
course the agreed premium in the manner as provided in the schedule and
endorsements.
3. during the period of this insurance, the insured shall at his own
expense take all reasonable precautions, including paying sufficient
attention to and putting into practice the reasonable recommendations of
the company, prudently selecting the workmen and employees and complying
with all statutory regulations and safety operation procedures.
4. in the event of any occurrence which gives or might give rise to a
claim under this policy, the insured or his representative shall:
4.1 notify the company immediately and within seven (7) days or any
further period as may be agreed by the company in writing, furnish a
written report to indicate the course, probable reason and extent of loss
or damage;
4.2 take all necessary measures to avoid aggravation of the loss or
damage and minimize it to the least extent;
4.3 preserve the spot affected and defective parts before an
inspection is carried out by a representative or surveyor from the
company;
4.4 furnish all such information and documentary evidence as the
company may require for supporting the claim.
vi. general conditions
1. policy effect
the due observance and fulfilment of the terms and conditions of this
policy in so far as they relate to anything to be done or complied with by
the insured shall be a condition precedent to any liability of the company
under this policy.
2. policy voidance
this policy shall be voidable in the event of misrepresentation,
misdescription or non-disclosure made by the insured or his representative
in any material particular in respect of this insurance.
3. policy termination
unless its continuance be admitted by the company in writing, this
policy shall be automatically terminated if:
3.1 the insurable interest of the insured is lost;
3.2 the risk of loss or damage is increased.
after termination of the policy, the premium shall be refunded to the
insured calculated on pro rata daily basis for the period from the date of
termination to the date of expiry.
4. policy cancellation
this policy may be canceled at any time at the request of the insured
in writing or at the option of the company by giving a fifteen (15) days
prior notice to the insured. in the former case the company shall retain a
premium calculated on short term rate basis for the time the policy has
been in force while in the latter case such premium shall be calculated on
pro rata daily basis.
5. forfeit of benefit
if the claim is in any respect fraudulent, or if any fraudulent means
or devices are used by the insured or his representative to obtain any
benefit under this policy or if any loss or damage is occasioned by the
intentional act or in the connivance of the insured or his representative,
then in any of these cases, all the rights and benefits of the insured
under this policy shall be forfeited, and all consequent losses arising
therefrom including the amount of claim paid by the company shall be
indemnified by the insured.
6. reasonable inspection
the representative of the company shall at any suitable time be
entitled to attend the site and inspect or examine the risk explosure of
the property insured. for this purpose, the insured shall provide full
assistance and all details and&nbs
