Monday, March 23, 2009

Escalation Clause

If during the period of insurance the actual contract price or the value of the insured property shall be in excess of the amount of the contract limit shown in the schedule, the insured shall have the right to request an increase in the amount of liability available hereunder in which event

a. the insurance provided by this policy will extend to include any such increase up to a maximum of 20 (twenty) per cent above the amount of liability specified herein or agreed additional value and the policy will be endorsed accordingly.

b. the Insured shall pay additional premium proportionate to the amount of the increase.

Saturday, March 14, 2009

Errors and omission

The Insured shall not be prejudiced by an unintentional and/or inadvertent, omissions, errors, incorrect valuation or incorrect description of the interest, risk, or property provided notice is given to the Company as soon as practicable upon discovery of such errors and omissions and subject to the Insured paying additional premium arising therefrom.

Errors and omission

The Insured shall not be prejudiced by an unintentional and/or inadvertent, omissions, errors, incorrect valuation or incorrect description of the interest, risk, or property provided notice is given to the Company as soon as practicable upon discovery of such errors and omissions and subject to the Insured paying additional premium arising therefrom.

Employee's Legal Liability

It is hereby declared and agreed that the Insurance by this Policy is extended to cover the Legal Liability of th Insured's employee in respect of any bodily injury or damage to propertyof Third Party, provided always that the liability shall not in any case exceed the limit of liability specified in th Policy.

Employee Personal Effects Clause

The indemnity granted by this Policy extends to include clothing and/or personal effects of the employees of the Insured for an amount not exceeding Rp. 2.500.000,- in respect of any one employee and for an amount not exceeding in the aggregate Rp.100.000.000,-

Employee Personal Effects Clause

The indemnity granted by this Policy extends to include clothing and/or personal effects of the employees of the Insured for an amount not exceeding Rp. 2.500.000,- in respect of any one employee and for an amount not exceeding in the aggregate Rp.100.000.000,-

Employee Sports and Social Club Facilities

The Insured’s business shall be understood to include the provisions of social, sports and welfare activities for the benefit of the Insured’s employee.
For the purpose of this endorsement the company will treat as though he were the Insurer for any employee whilst engaged in the above mentioned activities provided that :
Ø Such employee is not entitled to indemnify under any other Policy.
Ø Such employee shall observe the terms of this Policy insofar as they can apply
In respect of any claim or number of claims arising out of one cause the Company is liable to indemnify more than one party the total amount of indemnity to all parties shall not exceed the limit of liability.

EDRC Y2K

ELECTRONIC DATE RECOGNITION EXCLUSION CLAUSE (Y2K)
Words that appear in quotation marks in this endorsement have special meaning. Refer to Section B - Definitions.

A. Exclusion
Notwithstanding any other terms and conditions this Policy, including any other endorsements which may be attached to it, does not insure against any loss, damage, cost, claim or expense directly or indirectly arising out of or relating to:
1. The failure of any “system”, whether the property of the Insured or others, to “recognize” any “data” involving any “date change”, or
2. Any “modification” of any “system” whether the property of the Insured or others, to permit such “system” to “recognize” any “data” involving any “date change”

This exclusion shall apply regardless of any other cause or event that contributes concurrently or in any sequence to the loss, damage, cost, claim or expense.

However, if physical loss or damage not otherwise excluded by this Policy results, then subject to all its terms and conditions, this Policy shall be liable only for such resulting loss or damage. Each occurrence of resulting physical loss or damage shall be adjusted separately, and each occurrence shall be subject to the provisions regarding sublimits and deductibles specified elsewhere in this Policy.

In the event physical loss or damage not otherwise excluded by this Policy results to any “system”, this Policy including any other endorsement which may be attached to it, does not insure against any loss, damage, cost or claim or expense, whether preventative, remedial or otherwise, arising out of or relating to any “modification” of any “system”, whether the property of the Insured or others, to permit such “system” to “recognize” any “data” involving any “date change”.

B. Definitions
1. “System” means any computer system, hardware, firmware, program, or software or any microchip, integrated circuit, or similar device in computer equipment or non-computer equipment.
2. “Recognize” means to recognize, interpret, calculate, compare, differentiate, distinguish, accept, sequence or process.
3. “Data” means any data, instruction or information
4. “Date Change” means the date change to year 2000, the date change in any leap year or any other date change.
5. “Modification” means any modification, change, addition, alteration or correction.

Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms, condition, or limitations of the policy to which this endorsement is attached other than as above stated.

EDRC "B"

1. ELECTRONIC DATA EXCLUSION

Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows :

A.. This Policy does not insured loss, damage, destruction, erasure, corruption or alteration of ELECTRONIC DATA from any cause whatsoever (including but not limited to COMPUTER VIRUS) or loss of use, reduction in functionallity, cost, expense of wahtsoever nature resulting therefrom, regardless of any other caused or event contributing concurrently or in any other sequence to the loss.

ELECTRONIC DATA means facts, concepts and information converted to a form usable for communications interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmes, software and other coded instructions for the processing and manipulation of data or the direction and manipulation of such equipment.

COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorized instructions or code including a set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate themselves through a computer system or network of whatsoever nature. COMPUTER VIRUS includes but not limited to 'TROJAN HORSES", "WORMS" and 'TIME OR LOGIC BOMBS"

B. How ever, in the event that a perils listed below results from any of the matters described in paragraph A) above, this Policy, subject to all its terms, conditions and exclusions, will cover physical damage occurring during the Policy to property insured by this Policy directly caused by such listed perils.

Listed Peris :
Fire
Explosion


2. ELECTRONIC DATA PROCESSIONG MEDIA VALUATION

Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed as follows :

Should electronic data processing media insured by this Policy suffer physical loss or damage insured by this Policy, then the basis of valuation shall be the cost to repair, replace or restore such media to the condition that existed immediately prior to such loss or damage, including the cost of reproducing any ELECTRONIC DATA contained thereon, providing such media is repaired, replaced or restored. Such cost of reproductions shall include all reasonable and necessary amounts, not to exceed (response) any one loss, incurred by the Assured in recreating, gathering and assembling such ELECTRONIC DATA. If the media is not repaired, replaced or restored the basis of valuation shall be the cost of the blank media. However, this Policy does not insure any amount pertaining to the value of such ELECTRONIC DATA to the Assured or any other party, even if such ELECTRONIC DATA can not be recreated, gathered or assembled.

NMA 2915 (25.1.01)
Form approved by Lloyd's Underwriters' non Marine Association Limited.

Electrical short circuit clause

It is hereby expressly understood and agreed that this policy also covers loss or damaged as consequence of electrical short circuit

Electrical Service Interruption

Notwithstanding of anything in the policy to the contrary this policy shall extend to cover any loss or damages caused by any interruption of electrical supply and/or any electrical breakdown.

Dishonesty of Employee

Notwithstanding of anything in the Policy to the contrary, this Policy is extended to cover dishonesty by the Insured's Employees subject to being discovered within 72 hours.

Disappearance clause

Notwithstanding anything contained herein to the contrary it is agreed that if after a period of ONE YEAR has elapsed and the Underwriters having examined all evidence available shall have no reason to suppose other than that an accident has occurred, the disappearance of a Life Insured shall be considered to constitute a claim under this Certificate.

It is further agreed that if at any time after payment has been made a Life Insured if found to be living, any sums paid by the Underwriters in settlement of claim shall be refunded to them.

Designer's risk / Faulty Design

It is agreed and understood that otherwise subject to the terms, exclusions provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, exclusion c under “Special Exclusions to section I” is deleted and exclusion b is replaced by the following wording.
The cost of replacement, repair or rectification of loss of or damage to items due to defective materials and/or workmanship and/or faulty design, but this exclusion shall be limited to the items immediately affected and shall not be deemed to exclude loss of or damage to correctly executed items resulting from an accident due to such defective material and/or workmanship and/or faulty design.

Designation Clause

For the purpose of determining, where necessary, the definition of any property insured hereby the Insurer agree to accept the designation under which such property has been entered in the Insured’s book.

Description of Weekly Benefit

It is hereby declared and agreed that this Policy is extended to cover the wages in the event of the unattendance of the Insured person as the consequence of the accident.
Further advise that the Insurer will pay the weekly benefit up to maximum 52 weeks.

Description of Property Insured clause

For the purpose of determining, where necessary, the definition of any property insured hereby the Company agrees to accept the designation under which such property has been entered in to the Insured’s books.

Departmental clause

If the business be conducted in departments the independent trading results of which are ascertainable, the provisions of clauses (a) and (b) of the item on Gross Profit shall apply separately to each department affected by the incident [except that if the sum insured by the said item be less than the aggregate of the sums produced by applying the Rate of Gross Profit for each department of the Business (whether affected by the incident or not) to its relative Annual Turnover (or to a proportionately increased multiple thereof where the maximum indemnity period exceeds twelve months) the amount payable shall be proportionately reduced].

Note:For Insurances on the declaration-linked basis the words in square
brackets should be omitted

Defunct Spares

“It is noted and agreed that in the event of spares currently insured hereunder and represented within the total sum insured under the policy becoming obsolete following an indemnifiable loss to the unit and/or units to which they belong, such spares shall also be deemed a construction total loss. Provided always that such spares can not be used as spares for any other units within the premises of the insured. Insurers retain salvage rights over such spares”

Defective Sanitation Clause

The company will indemnify the Insured against all sums for which the Insured shall become legally liable consequent upon death, bodily injury, illness, loss or damage as within defined caused through defective drains, sewer or sanitary arrangements.

The liability of the Company in any one period of Insurance and caused by or resulting from defective shall not exceed the limit of liability which shall for the purpose of this Endorsement be the period limit referred to on hereof.

DAMAGE TO SAFE/DRAWERS/CABINETS/CASH REGISTERS/

It is hereby declared and agreed that this Policy shall extend to cover damage to safe / drawers / cabinets / cash registers / cash boxes containing articles insured in furtherance of burglary, housebreaking, or any attempt thereat, provided that the maximum liability of the company is not exceeding than the limit of liability any one loss / event.

DAMAGE TO SAFE/DRAWERS/CABINETS/CASH REGISTERS/

It is hereby declared and agreed that this Policy shall extend to cover damage to safe / drawers / cabinets / cash registers / cash boxes containing articles insured in furtherance of burglary, housebreaking, or any attempt thereat, provided that the maximum liability of the company is not exceeding than the limit of liability any one loss / event.

Cyber Non-aggregation clause

Losses arising, directly or indirectly, out of :

(I) loss or, alteration of, or damage to :

or

(ii) a reduction in the functionality, availability or operation of

a computer system, hardware, programme, software, data, information repository, microchip integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the policy of the policy holder of the reinsured or not, do not in and of themselves constitute an event unless arising out of one or more of the following perils :

fire, ligthning, explosion, aircraft or vehicle, falling objects, windstorm, hail, tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freeze or weight of snow.

Cut Through Clause

It is understood and agreed that if so required by the Original Assured, the Reinsurers shall pay directly to the Original Assured that proportion of any claim due to the Original Assured from the Reassured which represents the liability of the Reinsurers to the Reassured under the terms of the policy, whereby Reinsurers can act independently. It being agreed that such payment by the Reinsurers to the said Original Assured shall fully discharge and release the Reinsurers from any and all further liability in connection with such claim and providing any such payments are in full compliance with any legislation.

Thursday, March 12, 2009

Cross Liability Clause

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the Third Party Liability cover of the Policy shall apply to the insured parties named in the Schedule as if a separate Policy had been issued to each party, provided that the Insurers shall not indemnify the Insured under this Endorsement in respect of liability for :
- loss of or damage to items insured or insurable under section I of the Policy, even if not recoverable due to an excess or any limit
- fatal or non fatal injury or illness of employees or workmen who are or could have been insured under workmen’s compensation and/or employees liability insurance.

The Insurers’ total liability in respect of total liability of the insured parties shall not however exceed in the aggregate for any one accident or series of accidents arising out of one event the limit indemnity stated in the Schedule.

Cover of Valves and tubes

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended to include loss of or damage to valves and tubes. Indemnification shall be limited to the actual value of such items immediately prior to the occurrence of the loss or damage, including ordinary freight, erection costs and custom duties and dues, if any.

COVER OF MOBILE AND PORTABLE EQUIPMENT

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended to include loss of or damage to the mobile and/or portable equipment contained in the schedule of the Policy whilst stationary or in transit anywhere within the [……] territorial limits.

The Insurers shall not be liable under this Endorsement for
4 loss or damage occurring whilst the above items are unattended unless locked inside a building or vehicle
4 loss or damage from any cause whatsoever whilst the above items are installed or carried in or on aircraft or aerial devices or waterborne vessels or craft

COVER IN RESPECT OF LOSS OF RENTAL FOR LEASED EDP

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, cover shall be extended according to the following conditions:

SCOPE OF COVER (EEI)
The Insurers hereby agree with the Insured that if material damage indemnifiable under Section I of this Policy, however limited to occurrences for which the Insured is liable under the leasing contract, gives rise to a total or partial interruption of operation of the EDP equipment entered in the Schedule, the Insurers will indemnify the Insured, as hereinafter provided, for loss of rental for leased EDP equipment as a consequence of such loss or damage up to an amount not exceeding the agreed indemnification per day and not exceeding in all the sum insured in any one year of insurance, provided always that such interruption occurs during the period of insurance stated in the schedule or during any subsequent period for which the Insured pays and the Insurers may accept the premium for the renewal of this policy.

SPECIAL EXCLUSIONS TO THE ENDORSEMENT (EEI)
The Insurers shall, however, not be liable to for any loss of rental sustained as a result of ;
a. restrictions imposed by public authorities concerning the reconstruction or operation of the EDP equipment insured;
b. the necessary funds not being available to the Insured in time for repairing or replacing damaged or destroyed equipment;
c. delayed or impossible procurement of spare parts;
d. delay due to the employment of foreign experts

PROVISIONS APPLYING TO THE ENDORSEMENT (EEI)
Memo 1 – Sum Insured
It shall be a requirement of this insurance that the sum insured stated in the schedule is the amount of annual rental payable under the leasing contract. The sum insured shall be based on the amounts agreed per day and per month as specified in the schedule.

Memo 2 -- Basis of Indemnity
In the event of failure of the EDP equipment insured the Insurers shall be liable for the loss of rental that can be proved to have been sustained for the period during which the operation of the leased EDP equipment is interrupted or interfered with, but at the most for the indemnity period limit agreed.


The indemnity period shall commence with the occurrence of the accident. The Insured shall bear the proportion of each claim which corresponds to the time excess agreed.


If it is found following an interruption of the operation of the EDP equipment insured that the loss of rental sustained during the period of interruption is higher than the proportionate share of the annual sum insured applicable to this period, the Insurers shall be liable to indemnify the Insured only in respect of that proportion of the agreed annual sum insured which is applicable to the period of interruption, duly taking into account the indemnity period agreed.


Any savings in cost shall be taken into account when calculating the indemnity amount to be paid by the Insurers.


As from the date of an indemnifiable occurrence the sum insured shall be reduced for the remaining period of insurance by the amount of indemnity paid, unless the sum insured is reinstated.

Cover for Theft

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended to include the risk of theft of the insured items whilst on the premises provided, however, the Insured informs the police authorities immediately after any loss or damage due to theft is discovered.

Cover for Hurricane, Cyclone and Typhoon

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended to include the risk of hurricane, cyclone and typhoon.

Cover For full Replacement value Clause

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, where an insured item is totally destroyed or damaged beyond repair, the basis upon which the amount payable under the Policy is to be calculated shall be the full replacement value of the item destroyed or damaged.

Replacement Value shall mean the cost which would have to be incurred immediately before destruction of or damage to an insured item for replacing the destroyed or damaged item by a new item of a similar kind, capacity, size and quality.

Provided that
4 the replacement work shall be commenced and carried out with reasonable dispatch, otherwise no payment shall be made beyond the amount which would have been payable under the Policy if this Endorsement had not been incorporated therein;
4 no payment shall be made beyond the amount which would have been payable under the Policy if this Endorsement had not been incorporated therein, if at the time of destruction of or damage to the insured item such destruction or damage is covered by any other insurance effected by or on behalf of the Insured, which is not based on reimbursement of the full replacement value;
4 the item involved shall be no older than years at the time of the loss, calculated from the year of construction indicated in the list of machinery attached to the insured contract; but no payment shall be made beyond the amount which would have been payable under the Policy if this Endorsement had not been incorporated therein, if at the time of the destruction of or damage to the insured item the manufacturer has ceased production of the respective model or if such model is no longer available as a new item from the manufacturer’s or supplier’s stock;
4 the amount payable for the replacement of the destroyed or damaged item shall not exceed the sum insured set opposite to that item in the schedule of the Policy

Cover for Expenditure for the Restoration of EDP System

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, all additional repair costs that can be proved to have been incurred as a result of the loss event of Equipment and the restoration effected in this connection shall be indemnified.

This cover shall be applicable for a period of 12 (twelve) months as from the date the restoration is completed.

Cover for Earthquake

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended to include the risk of earthquake, volcanic eruption and tsunami.

Cost of Re-writing Records and Claim Preparation 2

On costs and expenses necessarily and reasonably incurred by the insured following loss or damage to the property insured.
I. to reconstruct and recompile records (but not for the value to the insured of the insured information contained therein)
II. to extract and compile information required by the Company from the insured’s own records for the purpose of preparing a claim under the Policy but excluding legal, investigation fees/expenses incurred for the purpose of contesting any issue over the Company’s Liability under the Policy.

cost of Re-writing Records and Claim Preparation

On costs and expenses necessarily and reasonably incurred by the insured following loss or damage to the property insured.
I. to reconstruct and recompile records (but not for the value to the insured of the insured information contained therein)
II. to extract and compile information required by the Company from the insured’s own records for the purpose of preparing a claim under the Policy but excluding legal, investigation fees/expenses incurred for the purpose of contesting any issue over the Company’s Liability under the Policy.
Provided always that no amount shall be recoverable under this endorsement if subsequent to the incurrence of any expenses, the Company shall deny liability for any claim in respect of which the expenses have been incurred (with or without the consent of the Company)

cost of Re-writing Records and Claim Preparation

On costs and expenses necessarily and reasonably incurred by the insured following loss or damage to the property insured.
I. to reconstruct and recompile records (but not for the value to the insured of the insured information contained therein)
II. to extract and compile information required by the Company from the insured’s own records for the purpose of preparing a claim under the Policy but excluding legal, investigation fees/expenses incurred for the purpose of contesting any issue over the Company’s Liability under the Policy.
Provided always that no amount shall be recoverable under this endorsement if subsequent to the incurrence of any expenses, the Company shall deny liability for any claim in respect of which the expenses have been incurred (with or without the consent of the Company)

Cost of Re-erection Clause

The insurance by this Policy extends to cover the cost of re-erecting, fitting and fixing machinery or plant destroyed or damaged by any perils hereby insured against providing always that the liability of the Insurer shall not exceed the sum insured of such machinery or plant under the Policy.

Contract Price Clause

In the event of goods insured by this Policy having been sold but not delivered for which the Insured is responsible and under the conditions of sales, the contract is cancelled by reason of non-delivery of such goods destroyed or damaged by fire or by any other perils insured hereby, the liability of the company in respect of such goods shall be based on the Contract Price.

Computer Records Clause

This insurance includes cover for computer system records but only for the value of the materials together with the cost of clerical labor and computer time expended in reproducing such records (excluding any expenses in connection with the production of information to be recorded therein) and not for the value to the Insured of the information contained therein.

Compulsory Clause

COMPULSORY CLAUSE
THEFT DURING FIRE EXCLUSION CLAUSE
Notwithstanding anything contained in article 291 of the Commercial Code (Kitab Undang-Undang Hukum Dagang) to the contrary, it is hereby expressly understood that, in case of fire missing by theft or otherwise shall not be covered under this Policy.

ELECTRICAL SHORT CIRCUIT CLAUSE
It is hereby expressly understood and agreed that this policy also covers loss or damage caused by fire as consequence of electrical short circuit.

REINSTATEMENT ADDITIONAL PREMIUM CLAUSE
It is hereby understood that in case of reinstatement of the sum insured referred to in Article XVII of the within policy, the additional premium shall be calculated on a prorata basis in accordance with the remaining period of cover.

Closure by Public Authorities

Notwithstanding anything contained in this policy to the contrary, loss as insured by the Policy resulting from interruption of or interference with the Business directly or indirectly arising from :

(a) closure or evacuation of the whole or part of the Premises by order of a competent
Public authoriity consequent upon :
(I) Human infectiious or contagious disease occuring at the Premises
(ii) vermin or pests or defects in the drains or other sanittary arrangements at the
Premises
(iii) the outbreak of a notifiable human infectious or contagious disease occuring in
the vicinity of the Premises
(b) Poisoning directly caused by the consumption of food or drink provided on the Premises.
(c) murder or suicide occuring in or at the premises
(d) threat of violent damage to the Premises and/or injury to persons therein.

Shall be deemed to be loss resulting from damage to property used by the Insured at the premises.