Thursday, April 30, 2009

Occupiers Liability

Notwithstanding of anything contained in the policy, this insurance extended to cover for loss or damage to the tenant’s and guest’s property occuring at the insured premises, controlled by the insured security to which this policy applies as described in the schedule.
Subject to the term, conditions and exception of this policy.

Notification Clause

The present situation, manner of connection, construction, nature and interior of the buildings and also the trade carried on therein is known to the Insurer.

Non Invalidation Clause

It is hereby agreed that this insurance shall not be invalidated by : A. any change of occupancy or increase of risks taking place in the property insured without the Insured’s knowledge, provided that they shall, immediately on the same coming to their knowledge, advise the Insurers and pay any additional premium that may be required from the date of such increase of risk. B. workmen on the premises for the purpose of affecting repairs minor alterations or general maintenance purpose and the like.

Nominated Loss Adjuster Clause

It is hereby noted and agreed that in the event of a loss the following Loss Adjuster should be appointed. The Preliminary and/or final report should be forwarded to the Agent and/or broker concern. The Nominated Loss Adjuster :
PT. ………….
PT. ………….
PT. ………….

No Control Clause

“This insurance shall not be affected by failure of the Insured to comply with the provisions of this Policy in any portion of the property over which the Insured has no control”.

New Location Clause

Whereby the Insured having trade in another location not yt declared under the Policy, the Insurer hereby noted and agreed to hold cover such location for 30 days (Subject to additional premium) with limit IDR. _________ any one location with the same terms and conditions of the respective policy.

New Business Clause

For businesses which have not completed a full year working

Rate of Gross Profit:
Rate of Gross Profit earned on the Turnover during the period between the date of the commencement of the Business and the date of the incident

Annual Turnover:
The proportional equivalent, for a period of twelve months, of the Turnover released during the period between the commencement of the Business and the date of the Incident

Standard Turnover:
The proportional equivalent, for a period equal to the indemnity period, of the Turnover released during the period between the commencement of the Business, and the date of the incident

to which such adjustments shall be made as may be necessary to provide for the trend of the Business and for variations in or other circumstances affecting the business either before or after the incident which wold have been affecting the Business had the incident not occurred, so that the figure thus adjusted shall represent as nearly as may be reasonably practicable the results which but for the incident would have been obtained during the relative period after the incident.

Motor Cycling RIsk

It is hereby declared and agreed that this policy is extended to cover the Insured person whilst mounting, riding or dismounting from any motorcycle except for the purpose of racing pacemaking or speed testing.

Money in the premises Extension Cover

Money of the Insured or for which the Insured has assumed or wishes to assume responsibility in expectation of insurable interest is defined as :Cash Bank and Currency Note, Postal Orders and Money Cheques, Giro Cheques, Travellers Cheques, Postage Stamps VAT Purchase Invoice.

Money & Jewellry in safe Endorsement

Notwithstanding of anything contained in the policy to the contrary, this policy is extended to cover Money, Antique and Jewellery in safe.

Misdescription Clause

It is understood that this insurance shall not be prejudiced by any alteration or mis-description of occupancy provided the Insured shall notify the company immediately they become aware of the same and to pay additional premium if required from the date of the inception of the increased hazard.

Minor Alterations and Repairs Clause

Minor alterations, additions and repairs to building plant fixtures and fitting, and machinery and minor works in progress are allowed and the insurance by this Policy shall not be prejudiced by this.

Monday, April 27, 2009

Medical Expenses Clause

It is hereby declared and agreed that this policy is extended to cover the Insured person for any medical expenses (including operation fees cost of surgical appliances and nursing home charges) necessarily incurred in connection with any bodily injury which gives rise to a claim under this policy.

Wednesday, April 15, 2009

Material Damage Proviso Waiver

It shall not be a condition precedent to liability in respect of interruption or interference in consequence of destruction or damage (as within defined) that payment shall have been made or liability admitted under the insurance covering the interest of the Insured in the property at the premises against destruction or damage if no such payment shall have been made nor liability admitted solely owing to the operation of a proviso in such insurance excluding liability for losses below a specific amount of deductible.

Lubrication Oil & Refrigerant 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, the Insurers shall indemnify the Insured for loss of lubricating oil or refrigerant in the insured machineries contained in the specification of the Policy,
caused by an indemnifiable accident to the above items, subject to
- a separate sum insured being provided in the specification of the Policy for the lubricating oil or the refrigerant
- a deduction of proper depreciation according to the average life expectancy indicated by the manufacturer or otherwise to be determined at the time of the loss

Loss of Damaged Goods Clause

In case of damage to property bearing brands labels and trademarks the sale of which carries in any way a guarantee of the Insured, the salvage value of such damaged property shall be determined after the removal in the customary manner of all brands labels and trade marks which might be taken to indicate that the guarantee of the manufacturer or the Insured attached to said property. However notwithstanding anything to the contrary elsewhere herein, it is understood and agreed that in case of damage to goods insured under this Policy due to peril insured against, the Insured or their representatives are to retain control of all damaged goods. The Insured, however agrees wherever practicable to use recondition or sell such goods, the sale being made after removal of all brands labels or trademarks, with the Insurer being entitled to the proceeds of the sale. Where the use or disposal or sale of damage goods would be in the opinion of the Insured or their representative detrimental to their interest such damage shall be treated as a constructive total loss and the Insured shall destroy the damaged goods in the presence of a representative of the Insurer and the Insured.

Loss Notification Clause

Notwithstanding anything contained herein to the contrary it is agreed that this insurance will not be prejudiced by any inadvertent delays, errors or omission in notifying the Insurer or any circumstances or events giving rise or likely to give rise to a claim or to a claim under this Policy.

Lender's Interest CLause

It is hereby noted and agreed that the property Insured under this Policy has been pledged with “………….” and until such time as the said Bank shall have notified the Insurer, in the contrary, the Insurer/the Underwriters shall advice the said Bank :
a. If they propose to cancel or give notice of cancellation of any such insurance, at least 30 days before such cancellation is to take effects
b. of :
(a) any material alteration and/or
(b) termination of expiry
of any such insurance at least 30 days before such alteration, termination, of expiry
c. Promptly of any default in the payment of any premium or failure to renew any such insurance
d. Of any act or omission or of any event of which the Insurer has knowledge and which they consider might invalidate or render unenforceable in whole or in part of any such insurance.
e. Of any claim under the Policy exceeding US$. 10,000.00

It shall be further noted that in the event of loss, if any, payable under this Policy, any payment up to the amount to which the said bank is entitled for principal, interest accrued and costs shall be made to the said Bank without prejudice to the rights of the Insured for the difference and the said Bank shall act in its capacity as joint insured subject to the terms, conditions and restrictions contained in the policy.

Leased Property Clause

This Policy extends to indemnify any other party having an interest in the property insured by virtue of and in accordance with the terms of mortgage, Leasing, Hiring or Renting Agreement, provided such property is not more specifically insured.

Larceny Clause

The Insurance by this Policy is extended to include the risk of larceny which for the purpose of this extension shall mean theft of the property from the premises without forcible entry or exit.

Land Transit CLause

It is hereby declared and agreed that this Policy is extended to cover inventory belonging to the Insured and destined for use in the construction mentioned herein.

It is further declared and agreed that this Policy is also extended to cover the Insured’s store and work sites and risks of loading and unloading.

Provided further that this Insurance shall in no way insured directly or indirectly to the benefit of any carrier or other bailee.

INternal Removal Clause

It is understood and agreed that in the event of removal of property from one building to another at any of the situations covered by this Policy being inadvertently not advised to the Insurer, the insurance on such property shall follow removal, the necessary adjustments in sum insured and premium being made as from the date of removal as soon as the oversight is discovered. Provided however that the liability of the Insurer shall not exceed the Sum Insured hereunder.

Internal Fire Endorsement

It is agreed and understood that othewise 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 cover loss or damage due to fire or checmical explosion having originated within

items(s)
No(s)
contained in the specification of the Policy
or due to the extinguishing of such fire or to direct lightning.

Interest of Other Parties

The interest of parties supplying property or materials to the main Contractor or any sub-contractor under a hiring leasing or similar agreement is hereby noted but only to the extent that the main contractor or sub-contractor is required to include interest

Inkeeper's Liability

It is understood that this Policy is hereby amended as indicated below. All other terms of this policy remain unchanged.

To pay on behalf of the Insured all sums, which the Insured shall become legally, obligated to pay reason of liability for damages because of injury to, destruction of or loss of property of the guests/visitors while in such premises.

Special exclusions :
1. Occasioned by the negligence/misconduct of the guests/visitors
2. Arising out of the act of GOD and public enemy
3. Losses caused by loss of or damage to automobiles or property in
automobile

Indonesian Jurisdiction Clause

It is understood and agreed that the Insurers shall be under no liability in respect of :
1. Compensation for injury, loss or damage in respect of judgement delivered or obtained otherwise than through a court of competent jurisdiction within the Republic of Indonesia.
2. Cost and expenses of litigation recovered by any claimant from the Insured which are not incurred in and recoverable in the Republic of Indonesia.

Note : Subject otherwise to the terms, conditions and limitations of this Policy.

Indemnity to Principal

Where any contract or agreement entered into with any principal (named in the schedule hereto) and the company will indemnify the Principal within the Geographical Limit of this Policy for any claim resulting from injury, ill ness, loss or damage (as herein defined) where such injury, illness or damage occurs during the currency of the Policy and arises out of in the course of or by reason of the carrying of out by the Insured and/or his Subcontractors of work for which an indemnity is provided by this Policy.

Provided that :

the Insured shall have arranged with the Principal for the conduct and control of all claims for which the Company many be liable by virtue of the indemnity to be vested in the Company.

The Principal shall observe fulfil and be subject to the terms and conditions of the policy in so far as they can apply.

Claim made by the Principal shall be treated as though the Principal were not meaasured by this policy.

Increase in Business Clause

The undersigned hereby agreed to accept at the premium stated in policy, additions to the sum insured to maximum of in total 10% of the insured amount under this policy. However, that expire dates of the aforesaid additions not take place subsequent to the expire date of this policy such additions to the sum insured so accepted will be considered take effect from the date of the postmark of the written or the date of telegraphic instruction from the Insured.

Impact by Own Vehicles CLause

It is noted and agreed that the cover relating to impact of vehicles shall include vehicles owned or used by the Insured.

Hijacking Clause 2

It is agreed and noted that this policy includes the loss or damage due to hijacking means the acquisition or attemped acquisition of the conveyance and/or other insured goods whilst in transit by violence or threats of violence.

Hijacking Clause

HIJACKING CLAUSE
The Company will pay benefit at the rate of USD. 100.00 for each period of 24 hours or part thereof that the Insured person is prevented from reaching his Schedule destination through Hijack of any Aircraft in which such person is travelling as a fare paying passenger during the period of Insurance.

The Company will also pay reasonable expenses incurred as a result of Hijack provided that the total amount payable for each Insured person shall be limited in accordance with the following table.

Insured Persons Maximum Amountof Benefit Payable for Person
Each Insured Person over 16 years of age USD. 10,000.00
Each Insured Person under 16 years of age USD. 5,000.00

“Aircraft” shall mean any aircraft operated by a recognized Airline on a regular Scheduled Service over established air routes or any fully licensed standard type multiengined aircraft operated by a recognized Air Charted Company “Hijack” shall occur where threats of violence are made with the intention or diverting an Aircraft from its Scheduled routes.

Guest Effect Clause

To pay on behalf of the Insured all sums which the Insured shall become legally liable to pay by reason of liability for damage because of injury to destruction of, or loss of, property belonging to guests/visitors including car(s) and its (their) contents at the Insured premises while such property is within the premises, or in the possession of the Insured.

Goods in Storage

It is understood and agreed that this policy is extended to indemnify the insured against loss damage to materials (whether temporary or permanent) and any other goods or objects intended for incorporation into the works, whilst such materials goods or objects are stored in the insured premises other than when they are actually being worked upon. Provided always that the Insurer’s liability under this extension shall not exceed the Sum Insured.

General Interest Clause

Certain of the Property insured may be the subject of hire purchase lease or other agreements and the interest of the other parties to these arrangements is noted in this insurance, the nature and extent of such interest to be disclosed by the Insured in the event of damage.

Food & Drink Poisoning Endorsement

Notwithstanding anything herein contained to the contrary it is hereby understood and agreed that the Policy will subject to its term limitations and conditions extends to cover the Insured’s Legal Liability arising out of claims made in respect of poisoning of any kind arising from food and drinks or other goods sold or supplied or to the presence of deleterious matter in such food and drinks or other goods.

Provided always

that this Policy is issued on the expressed conditions that the Company shall not be liable thereunder unless the Insured shall at all times take every possible precaution to prevent the supply or sale of any articles or other goods which are not in good condition, free from contamination and fit for human consumption.

Food and Drink Poisoning Clause

This policy is extended to indemnify the Insured against all sums which the Insured shall become legally liable to pay as compensation in respect of death, bodily injury or illness caused by food poisoning or arising from poisoning of any kind of foreign deleterious matter in food or drink or other goods consumed within the Insured Premises.

Floor, Space, Ratio Index Clause

“Subject to the terms and conditions of this policy in the event of any building being damaged so as to constitute total loss or constructive total loss and as a result of the exercise of Statutory powers and/or authority by any Government Departments Local Government or any other Statutory Authorities reinstatement of such building as before is prohibited and reinstatement is only permissible subject to a reduced floor, space ration index.
The Insurers agree to pay in addition to any amount payable on reinstatement of such building the difference between:
a. the actual cost of reinstatement incurred in accordance with the reduced floor, space ratio index and
b. the cost of reinstatement which would have been incurred had a reduced floor space ratio index not been applied.

In arriving at the amount payable under (a) and (b) above any payments made by the Insurers shall include the extra cost of reinstatement including demolition or dismantling of the property Insured necessarily incurred to comply with the requirements of any act of Parliament or Regulation made thereunder or any Bye-law or Regulation of any Municipal or other Statutory Authority”

First Loss Under Insurance Clause

The Insurance by this policy is arranged on the basis of first loss up to an amount stated in the Schedule of this policy.
It is agreed that the Average Condition of this Policy is hereby deleted.

First Aid Clause

It is hereby declared and agreed that 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 arising out of provision of first aid facilities but excluding any act of negligence omission or neglect of any duly qualified member of the medical profession or any employee or volunteer of any hospital or ambulance organization

Fire Extinguisher Charges Clause

The insurer by this policy extends to cover loss of or damage to the fire extinguishing appliances caused by the Insured perils.
This extension is deemed to include the cost reasonably incurred of refilling the fire extinguishing appliances provided always that such cost is incurred as a direct result of the use of the fire extinguishing appliances for the extinguishment of fire endangering the safety of the insured property. The Company will not be liable for the first (Nil) for the loss in respect of the costs of refills.
Provided always that the liability of he company in respect of such wages and costs shall be limited to those necessarily and reasonably incurred in extinguishing fires at or adjoining the situation of the property insured by this policy or immediately threatening to involve such property.
Provided further that otherwise the insurance under this endorsement and the policy shall be subject to all terms, limitations, stipulations, exclusions, proviso and exceptions printed on, expressed in, endorse upon or attached to the policy and provided also that all of the conditions of the policy (except in so far as they may hereby varied) shall apply as if they had been incorporated herein.

Fire Brigade Charges Clause

It is hereby understood and agreed that the reasonable charges raised by any local authority for the provision of Fire Fighting Appliances called for the purpose of the protecting the premises shall be recoverable hereunder.

Fire & Explosion Endorsement Clause

Notwithstanding anything herein contained to the contrary it is hereby understood and agreed that the Policy will subject to the terms, limitations and conditions extended to cover the Insured’s Legal Liability for fire and for explosion damage.

Fines or Damages for Breach of Contract

The insurance under this item is limited to fines or damages for breach of contract and the amount payable as indemnity thereunder shall be such sums as the Insured shall be legally liable to pay and shall pay in discharge of fines or damages, incurred solely in consequence of the incident, for non-completion or late completion of orders.

Failure of Public Liabilities

In consideration of the payment of an additional premium which is included in the premium hereon it is hereby agreed declared that subject to the conditions of the policy loss as insured by this policy resulting from interruption of or interference with the business in consequence of damage (as within defined) to property at any electric power station or substation, gas works or water of the public supply undertaking from which the Insured obtains electric current, gas or water shall be deemed to be loss resulting from damage to property used by the Insured at the premises.

Extra Charges Clause

Notwithstanding anything contained herein to the contrary it is hereby declared and agreed that in the event of a claim the Insurers will also indemnify the Insured against the reasonable additional expenses incurred by the Insured.
a. in respect of overtime working and work carried out on Sundays, Holidays and at night
b. for transport costs at express carriage, air freight rates or replacement parts damaged machinery and/or property
for the sole purpose of effecting replacements of or expediting the repairs for the costs of which the Insurers are liable.

Provided always that the Insurer’s liability in respect of such additional expenses shall not exceed 100 per cent of the cost of the replacement or the repairs had such additional expenses not been incurred.

Extended to Include Demurrage Charges Clause


Subject to any special terms which may be agreed, it is agreed this policy extend to cover any costs or expenses incurred due to the detention of a ship, aircraft, land conveyance beyond the time allowed by the customs..

EXTENDED TO COVER WHILE THE GOODS IS BEING TRANSPORTED BY ANY KIND OF CARRIER BUT NOT LIMITED TO MARINE AND/OR LAND TRANSIT WITH ALL RISK COVER ...

EXTENDED TO COVER WHILE THE GOODS IS BEING TRANSPORTED BY ANY KIND OF CARRIER BUT NOT LIMITED TO MARINE AND/OR LAND TRANSIT WITH ALL RISK COVER INCLUDING HIJACKING.

"It is hereby agreed and noted that this policy extended to cover while the goods is being transported by any kind of carrier but not limited to Marine and/or land transit with all risk cover including hijacking"

Extended Maintenance Clause

Following the issue of a Certificate of Completion of permanent works of any part thereof insured under this Policy the insurers will indemnify the insured subject to the terms exceptions and conditions of this Section during the testing/maintenance period in the Schedule for loss of or damage to such works:
i. Arising or resulting from a cause occurring prior to the issue of a Certificate of
Completion, or
ii. Caused by the Contractors in the course of any operations carried out by them for the
purpose of complying with their obligations under Contract(s)

In the event that permanent works, plants or plant(s) thereof be out into commercial operation by the Employer before the issue to the Contractor(s) of a Certificate(s) of Completion or taking over in respect therefull cover shall be maintained thereon until the issue of the said Certificate(s) provided that the Insured shall as soon as possible give notice thereof to the Insurers in order that there may be assessed and agreed any additional premium reasonably required by Insurers in compensation for any increased hazard arising out of such use and operation.

Exposure Clause

It is hereby declared and agreed that subject to all terms limitations conditions and exclusions of this Policy except as specifically provided herein, this Policy covers claims arising out of bodily injury caused by exposure to the elements as a result of an accident covered hereunder provided that in the event of death of the Life Insured caused by exposure to the elements that his death is the subject of a properly constituted Judicial Body Enquiry by which it is found that the Life Insured died of exposure as a result of an accident.

Expediting Expenses 2

Subject to the Limit(s) of Liability stated in the Schedule, this Insurance extends to cover additional expenses necessarily incurred by or on behalf of the Insured in connection with or incidental to expediting the commencement, carrying out or completion of the repair reinstatement or replacement of the Property Insured consequent upon loss, destruction or damage insured against hereunder.

Thursday, April 9, 2009

Expediting Expenses

In the event of loss or damage to the property insured or any part hereof the cost of any repair replacement or rectification admitted under this policy shall include the additional costs not exceeding 100% of the repair costs overtime weekend and shift working bonus payments plants hire charges express delivery (including airfreight) and the like necessarily and reasonably incurred in expediting such repair replacement or rectification but excluding any such costs solely to expedite the completion of any construction erection or installation of property not lost or damaged.

SHIP REPAIRERS LIABILITY