AVN_1C_21_12_98_LONDON_AIRCRAFT_INSURANCE_POLICY_(Hull,_Third_Party_and_Passenger_Liability)-1

 

	LONDON AIRCRAFT INSURANCE POLICY
	Headings and marginal captions are inserted for the purpose of convenient reference only and are not to be deemed part of this Policy.   Certain words and phrases used in this Policy have special meanings which can be found in Section IV(D) Definitions.   The Insurers agree to insure against loss, damage or liability, arising out of an Accident occurring during the Period of Insurance to the extent and in the manner provided in this Policy.
	SECTION I LOSS OF OR DAMAGE TO AIRCRAFT
	1.      Coverage
	(a)     The Insurers will at their option pay for, replace or repair, accidental loss of or damage to the Aircraft described in the Schedule arising from the risks covered, including disappearance if the Aircraft is unreported for sixty days after the commencement of Flight, but not exceeding the Amount Insured as specified in Part 2(5) of the Schedule and subject to the amounts to be deducted specified in Condition 3(c).   (b)     If the Aircraft is insured hereby for the risks of Flight, the Insurers will, in addition, pay reasonable emergency expenses necessarily incurred by the Insured for the immediate safety of the Aircraft consequent upon damage or forced landing, up to 10 per cent of the Amount Insured as specified in Part 2(5) of the Schedule.
	2.      Exclusions applicable to this Section only
	The Insurers shall not be liable for
Wear and Tear, Breakdown	(a)     wear and tear, deterioration, breakdown, defect or failure howsoever caused in any Unit of the Aircraft and the consequences thereof within such Unit;   (b)     damage to any Unit by anything which has a progressive or cumulative effect but damage attributable to a single recorded incident is covered under paragraph 1(a) above.   HOWEVER accidental loss of or damage to the Aircraft consequent upon 2(a) or (b) above is covered under paragraph 1(a) above.
	3.      Conditions applicable to this Section only
Dismantling Transport and Repairs	(a)     If the Aircraft is damaged            (i)  no dismantling or repairs shall be commenced without the consent of the Insurers except whatever is necessary in the interests of safety, or to prevent further damage, or to comply with orders issued by the appropriate authority;            (ii) the Insurers will pay only for repairs and transport of labour and materials by the most economical method unless the Insurers agree otherwise with the Insured.
AVN 1C  21.12.98

 

Payment or                   If the Insurers exercise their option to pay for or replace the Aircraft Replacement	(b)     If the Insurers exercise their option to pay for or replace the Aircraft
	(i)     the Insurers may take the Aircraft (together with all documents of record, registration and title thereto) as salvage;   (ii)   the cover afforded by this Section is terminated in respect of the Aircraft even if the Aircraft is retained by the Insured for valuable consideration or otherwise;   (iii)  the replacement aircraft shall be of the same make and type and in reasonably like condition unless otherwise agreed with the Insured.
Amounts to be Deducted from the Claim	(c)     Except where the Insurers exercise their option to pay for or replace the Aircraft, there shall be deducted from the claim under paragraph 1(a) of this the Section          (i)  the amount specified in Part 6(B) of the Schedule and            (ii) such proportion of the Overhaul Cost of any Unit repaired or replaced as the used time bears to the Overhaul Life of the Unit.
No Abandonment	(d)    Unless the Insurers elect to take the Aircraft as salvage the Aircraft shall at all times remain the property of the Insured who shall have no right of abandonment to the Insurers.
Other Insurance	(e)        (No claim shall be payable under this Section if other insurance which is payable in consequence of loss or damage covered under this Section has been or shall be effected by or on behalf of the Insured without the knowledge or consent of the Insurers.   See also Section IV
	SECTION II  LEGAL LIABILITY TO THIRD PARTIES (OTHER THAN PASSENGERS)
	1.      Coverage
	The Insurers will indemnify the Insured for all sums which the Insured shall become legally liable to pay, and shall pay, as compensatory damages (including costs awarded against the Insured) in respect of accidental bodily injury (fatal or otherwise) and accidental damage to property caused by the Aircraft or by any person or object falling therefrom.
	2.      Exclusions applicable to this Section only
	The Insurers shall not be liable for
Employees and Others	(a)     injury (fatal or otherwise) or loss sustained by any director or employee of the Insured or partner in the Insured's business whilst acting in the course of his employment with or duties for the Insured
Operational Crew	(b)    injury (fatal or otherwise) or loss sustained by any member of the flight,          cabin or other crew whilst engaged in the operation of the Aircraft;
Passengers	(c)    injury (fatal or otherwise) or loss sustained by any passenger whilst         entering, on board, or alighting from the Aircraft;
Property	(d)     loss of or damage to any property belonging to or in the care, custody or control of the Insured;
Noise and Pollution and Other Perils	(e)        claims excluded by the attached Noise and Pollution and Other Perils Pollution and Exclusion Clause.
	3.       Limit of Indemnity applicable to this Section
	The liability of the Insurers under this Section shall not exceed the amount stated in Part 6(C) of the Schedule, less any amounts under Part 6(B).  The Insurers will defray in addition any legal costs and expenses incurred with their written consent in defending any action which may be brought against the Insured in respect of any claim for compensatory damages covered by this Section, but should the amount paid or awarded in settlement of such claim exceed the Limit of Indemnity then the liability of the Insurers in respect of such legal costs and expenses shall be limited to such proportion of the said legal costs and expenses as the Limit of Indemnity bears to the amount paid for compensatory damages.   See also Section IV
	SECTION III LEGAL LIABILITY TO PASSENGERS
	1.      Coverage
	The Insurers will indemnify the Insured in respect of all sums which the Insured shall become legally liable to pay, and shall pay, as compensatory damages (including costs awarded against the Insured) in respect of   (a)     accidental bodily injury (fatal or otherwise) to passengers whilst entering, on board, or alighting from the Aircraft and   (b)     loss of or damage to baggage and personal articles of passengers arising out of an Accident to the Aircraft.   Provided always that
Documentary Precautions	(i)      before a passenger boards the Aircraft the Insured shall take such measures as are necessary to exclude or limit liability for claims under (a) and (b) above to the extent permitted by law;   (ii)     if the measures referred to in proviso (i) above include the issue of a passenger ticket/baggage check, the same shall be delivered correctly completed to the passenger a reasonable time before the passenger boards the Aircraft.
Effect of Non- Compliance	In the event of failure to comply with proviso (i) or (ii) the liability of the Insurers under this Section shall not exceed the amount of the legal liability, if any, that would have existed had the proviso been complied with.
	2.       Exclusions applicable to this Section
	The Insurers shall not be liable for injury (fatal or otherwise) or loss sustained by any
Employees and Others	(a)      director or employee of the Insured or partner in the Insured's business whilst acting in the course of his employment with or duties for the Insured;
Operational Crew	(b)        member of the flight, cabin or other crew whilst engaged in the operation of the Aircraft.

 

 

	3.      Limits of Indemnity applicable to this Section
	The liability of the Insurers under this Section shall not exceed the amounts stated in Part 6(C) of the Schedule, less any amounts under Part 6(B).  The Insurers will defray in addition any legal costs and expenses incurred with their written consent in defending any action which may be brought against the Insured in respect of any claim for compensatory damages covered by this Section, but should the amount paid or awarded in settlement of such claim exceed the Limit of Indemnity then the liability of the Insurers in respect of such legal costs and expenses shall be limited to such proportion of the said legal costs and expenses as the Limit of Indemnity bears to the amount paid for compensatory damages.   See also Section IV
	SECTION IV
	(A)      GENERAL EXCLUSIONS APPLICABLE TO ALL SECTIONS
	This Policy does not apply:-
Illegal Uses	1.      Whilst the Aircraft is being used for any illegal purpose or for any purpose other than those stated in Part 3 of the Schedule and as defined in the   Definitions.
Geographical Limits	2.      Whilst the Aircraft is outside the geographical limits stated in Part 5 of the Limits Schedule unless due to force majeure
Pilots	3.      Whilst the Aircraft is being piloted by any person other than as stated in Part 4 of the Schedule except that the Aircraft may be operated on         the ground by any person competent for that purpose.
Transportation by Other Conveyance	4.      Whilst the Aircraft is being transported by any means of conveyance except by Other as the result of an Accident giving rise to a claim under Section I of this Policy.
Landing and Take-off Areas	5.      Whilst the Aircraft is landing on or taking off or attempting to do so from a place which does not comply with the recommendations laid down by the manufacturer of the Aircraft except as a result of force majeure.
Contractual Liability	6.      To liability assumed or rights waived by the Insured under any agreement (other than a passenger ticket/baggage check issued under Section III hereof) except to the extent that such liability would have attached to the Insured in the absence of such agreement.
Number of Passengers	7.      Whilst the total number of passengers being carried in the Aircraft exceeds the declared maximum number of passengers stated in Part 2(4) of the Schedule.
Non- Contribution	8.      To claims which are payable under any other policy or policies except in respect of any excess beyond the amount which would have been payable under such other policy or policies had this Policy not been effected.
Nuclear Risks	9.     To claims excluded by the attached Nuclear Risks Exclusion Clause.

 

 

War, Hijacking And Other Perils	10.     To claims caused by   (a)      War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power.   (b)     Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.   (c)     Strikes, riots, civil commotions or labour disturbances.   (d)     Any act of one or more persons, whether or not agents of a sovereign Power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional.   (e)     Any malicious act or act of sabotage.   (f)      Confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any Government (whether civil military or de facto) or public or local authority.   (g)     Hi-jacking or any unlawful seizure or wrongful exercise of control of the Aircraft or crew in Flight (including any attempt at such seizure or control) made by any person or persons on board the Aircraft acting without the consent of the Insured.   Furthermore this Policy does not cover claims arising whilst the Aircraft is outside the control of the Insured by reason of any of the above perils.   The Aircraft shall be deemed to have been restored to the control of the Insured on the safe return of the Aircraft to the Insured at an airfield not excluded by the geographical limits of this Policy, and entirely suitable for the operation of the Aircraft (such safe return shall require that the Aircraft be parked with engines shut down and under no duress).
	(B)    CONDITIONS PRECEDENT APPLICABLE TO ALL SECTIONS
	It is necessary that the Insured observes and fulfils the following Conditions before the Insurers have any liability to make any payment under this Policy.
Due Diligence	1.       The Insured shall at all times use due diligence and do and concur in doing everything reasonably practicable to avoid accidents and to avoid or diminish any loss hereon.
Compliance with Air Navigation Orders, etc.	2.       The Insured shall comply with all air navigation and airworthiness orders and requirements issued by any competent authority affecting the safe operation of the Aircraft and shall ensure that   (a)     the Aircraft is airworthy at the commencement of each Flight;   (b)     all Log Books and other records in connection with the Aircraft which are required by any official regulations in force from time to time shall be kept up to date and shall be produced to the Insurers or their agents on request;   (c)     the employees and agents of the Insured comply with such orders and requirements.
Claims Procedure	3.     Immediate notice of any event likely to give rise to a claim under this Policy shall be given as stated in Part 8 of the Schedule.  In all cases the Insured shall   (a)   furnish full particulars in writing of such event and forward immediately notice of any claim with any letters or documents relating thereto;   (b)   give notice of any impending prosecution;   (c)    render such further information and assistance as the Insurers may reasonably require;   (d)   not act in any way to the detriment or prejudice of the interest of the Insurers.   The Insured shall not make any admission of liability or payment or offer or promise of payment without the written consent of the Insurers.
	(C)   GENERAL CONDITIONS APPLICABLE TO ALL SECTIONS
Claims Control	1.     The Insurers shall be entitled (if they so elect) at any time and for so long as they desire to take absolute control of all negotiations and proceedings and in the name of the Insured to settle, defend or pursue any claim.
Subrogation	2.     Upon an indemnity being given or a payment being made by the Insurers under this Policy, they shall be subrogated to the rights and remedies of the Insured who shall co-operate with and do all things necessary to assist the Insurers to exercise such rights and remedies.
Variation in Risk	3.     Should there be any change in the circumstances or nature of the risks which Risk are the basis of this contract the Insured shall give immediate notice thereof to the Insurers and no claim arising subsequent to such change shall be recoverable hereunder unless such change has been accepted by the Insurers.
Cancellation	4.     This Policy may be cancelled by either the Insurers or the Insured giving 10 days notice in writing of such cancellation.  If cancelled by the Insurers they will return a pro rata portion of the premium in respect of the unexpired period of the Policy.  If cancelled by the Insured a return of premium shall be at the discretion of the Insurers.  There will be no return of premium in respect of any Aircraft on which a loss is paid or is payable under this Policy.
Assignment	5.     This Policy shall not be assigned in whole or in part except with the consent of the Insurers verified by endorsement hereon.
Not Marine Insurance	6.    This Policy is not and the parties hereto expressly agree that it shall not be construed as a policy of marine insurance.
Arbitration	7.     This Policy shall be construed in accordance with English Law and any dispute or difference between the Insured and the Insurers shall be submitted to arbitration in London in accordance with the Statutory provision for arbitration for the time being in force.
Two or More Aircraft	8.     When two or more Aircraft are insured hereunder the terms of this Policy apply separately to each.
Limit(s) of Indemnity	9.       Notwithstanding the inclusion herein of more than one Insured, whether by endorsement or otherwise, the total liability of the Insurers in respect of any or all Insureds shall not exceed the Limit(s) of Indemnity stated in this Policy.
False and Fraudulent Claims	10.     If the Insured shall make any claim knowing the same to be false or fraudulent as regards amount or otherwise this Policy shall become void and all claims hereunder shall be forfeited.
	(D)    DEFINITIONS
	1.       "ACCIDENT" means any one accident or series of accidents arising out of one event.   2.       "UNIT" means a part or an assembly of parts (including any sub-assemblies) of the Aircraft which has been assigned an Overhaul Life as a part or an assembly.  Nevertheless, an engine complete with all parts normally attached when removed for the purpose of overhaul or replacement shall together constitute a single Unit.   3.       "OVERHAUL LIFE" means the amount of use, or operational and/or calendar time which, according to the Airworthiness Authority, determines when overhaul or replacement of a Unit is required.   4.       “OVERHAUL COST" means the costs of labour and materials which are or would be incurred in overhaul or replacement (whichever is necessary) at the end of the Overhaul Life of the damaged or a similar Unit.   5.       "PRIVATE PLEASURE" means use for private and pleasure purposes but NOT use for any business or profession nor for hire or reward.   6.       "BUSINESS" means the uses stated in Private Pleasure and use for business or professional purposes but NOT use for hire or reward.   7.       "COMMERCIAL" means the uses stated in Private Pleasure and Business and use for the carriage by the Insured of passengers, baggage accompanying passengers and cargo for hire or reward.   8.       "RENTAL" means rental, lease, charter or hire by the Insured to any person, company or organisation for Private Pleasure and Business uses only, where the operation of the Aircraft is not under the control of the Insured.  Rental for any other purpose is NOT insured under this Policy unless specifically declared to Insurers and the detail of such use(s) stated in Part 3 of the Schedule under SPECIAL RENTAL USES.   Definitions 5, 6, 7 and 8 constitute Standard Uses and do not include instruction, aerobatics, hunting, patrol, fire-fighting, the intentional dropping, spraying or release of anything, any form of experimental or competitive flying, and any other use involving abnormal hazard, but when cover is provided details of such use(s) are stated in Part 3 of the Schedule under SPECIAL USES.   9.       "FLIGHT" means from the time the Aircraft moves forward in taking off or attempting to take off, whilst in the air, and until the Aircraft completes its landing run.  A rotary-wing aircraft shall be deemed to be in Flight when the rotors are in motion as a result of engine power, the momentum generated therefrom, or autorotation.   10.     "TAXIING" means movement of the Aircraft under its own power other than in Flight as defined above.  Taxiing shall not be deemed to cease merely by reason of a temporary halting of the Aircraft.   11.     "MOORED" means, in the case of aircraft designed to land on water, whilst the Aircraft is afloat and is not in Flight or Taxiing as defined above, and includes the risks of launching and hauling up.   12.     "GROUND" means whilst the Aircraft is not in Flight or Taxiing or Moored as defined above.

 

AVN 1C  21.12.98

 

 

SCHEDULE

 

PART 1	Policy No.				Proposal dated
	Name of Insured     Address
	Period of Insurance                             From                                                           To				both days inclusive
PART 2	Particulars of Aircraft   (1) Make & Type (Insert ‘’Land’’, ‘‘Sea’’, ‘‘Amphibian’’ or ‘‘Rotary-wing’’  as applicable)	(2) Year of Manu- facture	(3) Registration Marks	(4) Declared Max. No. of Passengers at any one time			(5) Amount Insured	(6) Risks covered (Insert ‘‘Flight’’, ‘‘Taxiing’’, ‘‘Moored’’ , ‘‘Ground’’ , ‘‘Rotors in Motion’’, ‘‘Rotors not in Motion’’ as applicable)
PART 3	Purpose of Use Standard Uses (Insert ‘‘Private Pleasure’’, ‘‘Business’’, ‘‘Commercial’’, ‘‘Rental for Private Pleasure and Business only’’ as applicable)	Special Uses				Special Rental Uses
PART 4	Pilots
PART 5	Geographical Limits

 

AVN 1C  21.12.98

 

 

SCHEDULE - continued

 

PART 6	Limits and Deductibles (Appropriate boxes to be completed - others to be marked ‘‘not applicable’’)
	(A) Policy Section & Risk	(B) Amounts to be deducted	(C) Limit of Indemnity from which must be deducted the amount in column (B)
	I   Loss of or damage to Aircraft listed in Part 2 above	each Accident	See Part 2 Column (5)
	II   Liability to Third Parties	Bodily Injury                                          NIL   Damage to Property each Accident	Bodily Injury and Damage to Property - Combined   each Accident
	III   Liability to Passengers	Bodily Injury                                          NIL   Baggage and Personal Articles each person	Bodily Injury each person   each Aircraft/Accident   Baggage and Personal Articles each person   each Aircraft/Accident
	II/III Combined   Liability to Third Parties and Passengers - Combined	Bodily Injury                                          NIL   Damage to Property each Accident   Baggage and Personal Articles   each person	Bodily Injury and Damage to Property - Combined   each Accident including Baggage and Personal Articles limited to each person   each Aircraft/Accident
PART 7	Premium			Section I   Section II   Section III                    ------------------------------ TOTAL                 ------------------------------
PART 8	Immediate notice of any claim pursuant to General Condition 4 to be given to:

 

 

 

Dated in London, the

 

APPORTIONMENT OF RECOVERIES CLAUSE

APPORTIONMENT OF RECOVERIES CLAUSE

Marine cargo

It is hereby understood and agreed that where recovery is obtained form a carrier or other third party such recovery shall be apportioned between the Assured and the Underwriters in the same proportion as the respective parties hereto borned the loss

AIRCRAFT PRODUCT EXCLUSION CLAUSE

AIRCRAFT PRODUCT EXCLUSION CLAUSE

This policy does not cover liability arising directly or indirectly out of, caused by or in connection with 

aircraft products. For the purposes of this clause the term "aircraft" shall include but not be limited to 

missiles & spacecraft and the term "aircraft products" shall include but not be limited to: 

Aircraft and any ground support or control equipment used in connection therewith 

any product provided by the insured and installed or used in connection with an aircraft 

any tooling used in respect to aircraft products 

training and navigational aids, instructions, manuals, blueprints, engineering or other data 

any advice, service or labor supplied in connection therewith

AIRCRAFT LANDING AREA EXCLUSION

AIRCRAFT LANDING AREA EXCLUSION

This policy does not cover liability arising directly or indirectly out of, caused by or in connection with ownership, occupation or control by the Insured of any property or structure used as a Landing Area for 

aircraft unless: 

the Landing Area is an aerodrome as defined by applicable aviation regulations 

the Insured has received specific or general instruments of authorisation under applicable aviation regulations and such instruments do not authorise Regular Public Transportation Services 

flight movements do not exceed 1000 per year

The term Landing Area includes any area on which aircraft land, take off or are housed, maintained or operated.

Additional Cost of Working / Increased Cost of Working -

  Additional Cost of Working / Increased Cost of Working - The increased costs incurred after a property damage loss, to limit any reduction in turnover or revenue, and to maintain normal business operations. These expenses could include such items as hiring alternate premises, temporary staff, additional freight or storage etc. (Most policies limit the amount they will pay for these costs to the amount that is being saved in turnover or revenue - i.e. you cannot spend more than a dollar to save a dollar). 

  Additional Increased Cost of Working - The increased costs incurred after a property damage loss, above those payable under the standard cover for Increased Cost of Working. These will generally include any reasonable costs irrespective of whether they limit any reduction in turnover or revenue. These additional increased costs are often expended to keep or regain market share, and to maintain normal business operations.

ADDITIONAL INCREASED IN COST OF WORKING

ADDITIONAL INCREASED IN COST OF WORKING

“The insurance under this item is limited to increase in cost of working (not otherwise recoverable hereunder) necessarily and reasonably incurred during the Indemnity Period in consequence of the damage for the purpose of avoiding or diminishing reduction in Turnover and/or resuming and/or maintaining normal business operations and/or services.”

EPI 56 Excluding Overtopping of Cofferdam

EPI 56 Excluding Overtopping of Cofferdam

It is agreed that in Section 1, Material Damage the following is added to Exclusions to Section 1:

Insurers will not indemnify the Insured in respect of any loss or damage arising directly or indirectly from the overtopping of a cofferdam caused by a flood with a return period of less than the period stated below.

The burden will be on the Insured to demonstrate that this exclusion shall not apply.

Return period: 25 years.

EPI 53 Normal Action of the Sea

EPI 53 Normal Action of the Sea

It is agreed that in Section 1, Material Damage the following is added to Exclusions to Section 1:
Insurers will not indemnify the Insured in respect of any loss or damage totally or partially resulting from adverse sea conditions unless according to the records available the return period of such sea conditions at the Project Site is higher than the return period stated below.
Sea conditions shall mean waves caused by storm including but not limited to tropical cyclone, typhoon, hurricane. The parameter to be used shall be recorded heights of the significant wave measured by the observation station(s) stated below.
The burden will be on the Insured to demonstrate that this exclusion shall not apply.
Return period: ………. years
Observation station(s): …………………………………………………………………………………………………………..

EPI 48 Piling

EPI 48 Piling

It is agreed that in Section 1, Material Damage the following is added to Exclusions to Section 1:

Insurers will not indemnify the Insured in respect of:

(a) any loss or damage arising directly or indirectly to foundation piles and/or casings and/or sheet pile constructions which are:

(i) misplaced and/or misaligned;

(ii) lost during driving and/or extraction;

(iii) the subject of individual or block disconnection or declutching;

(b) the cost of repair, replacement, or rectification of piling work necessitated by leakage or infiltration of fluids or material at seams, joints, connections and/or beneath sheet pile constructions or into casings, unless such leakage or infiltration is a direct consequence of other Loss for which indemnity is provided by this Policy;

c) any abandoned piling work, unless such abandonment is a direct consequence of other Loss for which indemnity is provided by this Policy;

(d) piles which have failed to pass a load test or attain the required bearing load, unless such failure is a direct consequence of other Loss for which indemnity is provided by this Policy.

Discontinuance of business clause endorsement

Discontinuance of business clause endorsement

If the business insured is discontinued after the occurrence of the insured event, the indemnity shall be paid for the period (up to the maximum indemnity period) which would normally have been required to bring the business insured back to normal. In the event that the insured controls the circumstances because of which the business insured is discontinued, the said indemnity, shall not be payable in full. The insurer shall only indemnify the insured for that part of the said indemnity which equals unavoidable insured expenses actually incurred.

Contingent business interruption endorsement

Contingent business interruption endorsement

This extension is subject to the exclusions, conditions and limitations of this policy to which this extension is attached.

In consideration of the premium paid this policy is extended to cover the actual loss sustained by the insured during the period of insurance as a direct result of actual loss or damage sustained from a peril named under section 1 of this policy to property owned or controlled by the following direct suppliers or direct receivers:

Enter names of direct suppliers or direct receivers.

The insurer shall not be liable under this extension for more than the sublimit specified under the schedule of this policy for contingent business interruption, which shall apply to all loss arising out of any one occurrence.

All other terms and conditions of this policy remain unchanged.

Civil authority interruption endorsement

Civil authority interruption endorsement

This policy is extended to cover the actual loss sustained by the insured during the period of time, not exceeding fourteen (14) consecutive calendar days, when access to covered locations is specifically prohibited by order of civil authority, provided such order is a direct result of actual loss or damage sustained from a peril covered under section 1 of this policy to property insured against under section 1 of this policy which is located within one (1) statute mile of the covered locations to which access is prohibited.

The insurer shall not be liable under this extension for more than the sublimit specified under the schedule for civil authority interruption, which shall apply to all loss arising out of any one occurrence.

All other terms and conditions of this policy remain unchanged.

LIMITATION OF LIABILITY CLAUSE (JOINT INSUREDS)

Notwithstanding the inclusion herein of more than one Insured, whether by endorsement or otherwise, the total liability of the Insurers in respect of any or all Insureds shall not exceed the limit(s) of liability stated in this Policy.

AVN 14

1.10.96

Heavy Equipment Special Risks Insurance Policy - Standard Wording

HEAVY EQUIPMENT SPECIAL RISKS POLICY

The Insured described in the Schedule hereto has applied to

PT ………………

(hereinafter called “the Insurer”)

by a proposal and declaration which the Insured has agreed shall be deemed to be of a promissory nature and effect and the basis of this Contract and is deemed to be incorporated herein and has paid or agreed to pay the premium as consideration  for such insurance.

That the Insurer shall, subject to the terms, exceptions and conditions  contained herein or endorsed indemnify the Insured against loss of or damage to the property described in the Schedule hereto, caused  by ALL PERILS except provided herein.

GENERAL EXCEPTIONS   PENGECUALIAN UMUM

The Insurer shall not be liable in respect of :        

1. Any accident, loss, damage,  expense occasioned by or through or in consequence either directly or indirectly of :

1.1.         War, invasion, act of foreign enemy, hostilities warlike operations (whether war be declared or not), civil war

1.2.         Mutiny,   civil   commotion   assuming   the proportions of or amounting to a popular

rising, military rising, insurrection, rebellion, revolution, military or usurped power

1.3.         Earthquake, volcanic eruption, landslide, flood, tsunami, typhoon or another symptom of geology or meteorology and Excluded Perils

In any action, suit or other proceeding where the Insurer alleges that by reason of the provisions of this General Exception any accident, loss, damage, expense is not covered by this insurance, the burden of proving that such accident, loss, damage, expense is covered shall be upon the Insured.

2.            Any accident, loss, damage or expense occasioned by or through or in consequence, directly or indirectly of confiscation, commandeering, requisition or destruction of or damage to the property by order of the Government de jure or de facto or any public, municipal or local authority of the country  or area in which the property is located.

3.            Any accident, loss, damage or expense directly or indirectly caused by or arising from or in consequence of or contributed to by :

3.1.         nuclear weapon material             

3.2.         ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel and, solely for the purpose of this  General Exception, combustion shall include  any  self  sustaining  process  of nuclear fission.

4.            Consequential loss or damage of any kind.

EXCLUDED PERILS           

Unless expressly stated to the contrary, the Insurer shall not be liable for :

1.   Loss or damage caused by wear and tear or gradual deterioration.

2.            Loss or damage caused by faulty manufacture, installation, repairing or occasioned by inherent character of the insured property

3.            Loss or damage caused by breakage during installation, repairing or dismantling, nor breakage during transportation unless caused by fire, lightning, collision, derailment or overturning vehicles.

4.            Loss or damage caused by neglect of the Insured to use all reasonable means to save and preserve the property at and after any disaster insured against.

5.            Loss  or  damage  caused  by  dampness  or atmosphere or extreme of temperature

6.            Loss or damage to the canopy unless such loss or damage is caused by the equipment overturning.

7.            Loss or damage to tyres or tubes due and confined to blow out, bruises, cuts or other causes inherent in the use of equipment, unless such damage is the result of other loss covered by this Policy.

8.            Loss  or  damage  to  equipment  licensed  for highway use, aircraft or watercraft.

9.            If the property hereby insured shall on the happening of any loss or damage be collectively of greater value than the sum insured thereon, then the Insured shall be considered as being his own insurer for the difference, and shall bear a rateable proportion of the loss  accordingly. Every item, if more than one, of the Policy shall be separately subject to the condition.

10.          Loss  or  damage  caused  by  or  resulted  from Third Party or General Public Liability.

11.          In the case of loss or damage from perils insured against to any part of machine, consisting when complete for sale or use of several parts, the Insurer shall be liable only for the insured value of the part lost or damaged.

12.          Loss or damage to electrical appliances, devices, apparatus or machinery of any kind, including wiring caused by electrical currents artificially generated unless fire ensues and then only for this Insurer‚s proportion of loss caused by such ensuing fire.

13.          Loss or damage occasioned by the weight of a load exceeding the registered lifting or supporting capacity of the machine.

It is also agreed that no claim shall be made under this Policy unless the loss or damage caused exceeds the deductibles stated in the Schedule and then this Insurer shall only be liable for the amount of loss in excess of deductible stated in the Schedule not exceeding, however, the amount of this Policy.

Subject otherwise to the General Exceptions and Conditions of this Policy

CONDITIONS

1. NOTICE AND PROOF OF LOSS. The Insured shall as soon as practicable report to this Insurer or its agent every loss or damage which may become a claim under this Policy and shall also file with the Insurer or its agent within ninety (90) days from date of loss a detailed sworn proof of loss. Failure by the Insured to report the said loss or damage and file such as herein before provided shall invalidate any claim under this Policy for such loss.

The Insured shall, if required by the Insurer produce or give access to any property alleged to be damaged and the Insured shall be bound to satisfy the Insurer by such reasonable evidence as the Insurer may require that the loss or damage in respect of which a claim is made has actually arisen from one of the risks insured against.

 2.           ARBITRATION. If any difference arises as to the amount of any loss or damage, such difference shall independently of all other questions be referred to the decision of an arbitrator, to be appointed in writing by the parties in difference or if they cannot agree upon a single arbitrator, to the decision of two disinterested persons as arbitrators, of whom one shall be appointed in writing by each of the parties within two calendar months after having been required so to do in writing by the other party.

In case either party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other party shall be at liberty to appoint a sole arbitrator and in case of disagreement between the arbitrators the difference shall be referred to the decision of an Umpire who shall have been appointed by them in writing before entering on the reference, and who shall sit with the arbitrators and preside at their meetings. The death of any party shall not revoke of effect the authority or powers of the arbitrator, arbitrators or umpire respectively and in the event of death of an arbitrator or umpire, another shall in each case be appointed in his stead by the party or arbitrators (as the case may be) by whom the arbitrator or umpire so dying was appointed. The costs of the reference and of the award shall be at the discretion of the arbitrator, arbitrators or umpire making the award. And it is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such arbitrator, arbitrators or umpire of the amount of the loss or damage if disputed shall be first obtained.

 3.           OTHER INSURANCE. It is a condition of this Policy that it shall not cover any property to the extent that it is directly covered by other insurance (whether Fire, Marine or other Policy or policies) whether prior or subsequent hereto or simultaneous herewith in date and by whomsoever effected, and this Insurer shall be liable for loss or damage covered  hereunder only for the excess value beyond the amount collectible from such other insurance, but not exceeding the limits of liability set forth herein.

 4.           BENEFIT OF INSURANCE. It is warranted, that this insurance shall in no case inure directly or indirectly to the benefit of any carrier, bailee or other party by stipulation in bill of lading or otherwise and any breach of this warranty shall render this Policy null and void.

 5.           EXEMPTING OTHERS FROM LIABILITY. Any act or agreement by the Insured prior or subsequent hereto or simultaneous herewith in date, whereby any right of the Insured to recover in full value of or amount of damage to any property lost or injured and insured hereunder, against any carrier, bailee or other party liable therefore, is released, impaired or lost, shall render this Policy null and void, but the right to retain or recover the premium shall not be affected. This Insurer is not liable for any loss or damage which, without its consent, has been settled or compromised by the Insured. The Insured may however, accept the ordinary bills of lading issued by carries without prejudice to this insurance but the Insured agrees not to enter into special agreement with the carriers releasing them  from  their common law or statutory liability.

6.            SUBROGATION OF RIGHTS. The Insured shall at the expense of the Insurer, do and concur in doing and permit to be done, all such acts and things as may be necessary or required by the Insurer for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the Insurer shall be or would become entitled or subrogated, upon its paying for or making good any loss or damage under this Policy, whether such acts and things shall be or become necessary or required before or after his indemnification by the Insurer.

7.            REDUCING CLAUSE. Loss incurred hereunder shall reduce the amount of insurance on the property lost or damaged by the amount of the loss until the said amount be made good by additional insurance with pro rata additional premium paid therefore.

8.            MACHINERY. In case of loss or damage from perils insured against to any part of a machine, consisting when complete for sale or use of several parts, this Insurer shall be liable only for the insured Value of the part lost or damaged.

9.            VALUATION. Unless otherwise specifically stated herein, this Insurer shall not be liable beyond the actual cash value of the property at any time any loss or damage occurs, and in no event for an amount in excess of that specified in the Policy, and the loss or damage shall be ascertained or estimated according to such actual cash value with proper deduction for depreciation, however caused and shall in no event exceed what would then cost the Insured to repair or replace the same with material of like kind and quality said ascertainment or estimate shall be made by the Insured and this Insurer, or, if they differ, then by arbitrators. As herein provided, it shall be optional, however, with this Insurer to take all or any part of the articles as such ascertained or appraised value and also to repair or replace the property lost or damaged with other of like kind and quality within a reasonable time on giving notice within thirty days after receipt of the proof herein required, of its intention so to do, but there can be no abandonment to this Insurer of the property described.

10.          AVERAGE (CO-INSURANCE). If the property hereby insured shall, on the happening of any loss or damage be collectively of greater value than the sum insured thereon, then the Insured shall be considered as being his own Insurer for the difference, and shall bear a rateable proportion of the loss accordingly. Every item, if more than one, of the Policy shall be separately subject to this condition.

 11.         ASSIGNMENT. The assignment of this Policy, or this subrogation of any right hereunder to any party without the written consent of the Insurer, shall render this insurance null and void.

 12.         CANCELLATION OF THE INSURANCE. The insurance may be terminated at any time at the request of the Insured, in which case the Insurer will retain the customary short period rate for the time the Policy has been in force. The insurance may also at any time be terminated at the option of the Insurer or notice to that effect being given to the Insured in which case the Insurer shall be liable to repay on demand a rateable proportion of the premium for the unexpired term from the date of the cancellation.

13.          MISDESCRIPTION. This Policy shall be void if the Insured has concealed or misrepresented any material fact or circumstances concerning this insurance or the subject thereof or in any case of any fraud, attempted fraud or false swearing by the Insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.

14.          TIME LIMIT FOR INSURERS LIABILITY. In no case whatever shall the Insurer be liable for any loss or damage after the expiration of twelve months from the happening of the loss or damage unless the claim is the subject of pending action or arbitration.

15.          NOTICES. Every notice and other communication to the Insurer required by these conditions must be written or printed.

Complete Wording klik this LINK

Perbedaan Jaminan Asuransi Pengangkutan Barang ICC "A", ICC "B" dan ICC "C"

Perbedaan Jaminan Asuransi Pengangkutan Barang ICC "A", ICC "B" dan ICC "C"

ICC "A", Menjamin
1. Kebakaran atau Peledakan
2. Kapal Kandas, terdampar, tenggelam atau terbalik
3. Alat angkut darat tabrakan, terbalik atau keluar rel
4. Tabrakan kapal atau benturan kapal dengan benda-benda lain kecuali air
5. Pembongkaran barang di pelabuhan darurat
6. Gempa bumi, letusan gunung berapi atau sambaran petir
7. Pengorbanan kerugian umum (general average/sacrifice)
8. Jettison (pembuangan kargo keluar dari kapal laut)
9. Barang tersapu ombak ke laut (washing over board)
10. Masuknya air laut, air danau atau air sungai ke dalam kapal, palka kapal, kontainer atau tempat penyimpanan
11. Kerugian total per kolo karena terlempar atau jatuh ke laut selama pemuatan atau pembongkaran barang ke atau dari kapal (sling lost)
12. General Average contribution – kontribusi kerugian GA
13. Both to blame collision : kontribusi tubrukan kapal vs kapal
14. Banjir, angin topan, tanah longsor, pergerakan tanah, tsunami
15. Pencurian, perampokan dan bajing loncat
16. Terjatuh, tersodok forklift, risiko bongkar muat lainnya
17. Kerusakan akibat kecelakaan lainnya (Accidental damage) yang tidak disebut diatas

ICC "B" Menjamin :

1. Kebakaran atau Peledakan
2. Kapal Kandas, terdampar, tenggelam atau terbalik
3. Alat angkut darat tabrakan, terbalik atau keluar rel
4. Tabrakan kapal atau benturan kapal dengan benda-benda lain kecuali air
5. Pembongkaran barang di pelabuhan darurat
6. Gempa bumi, letusan gunung berapi atau sambaran petir
7. Pengorbanan kerugian umum (general average/sacrifice)
8. Jettison (pembuangan kargo keluar dari kapal laut)
9. Barang tersapu ombak ke laut (washing over board)
10. Masuknya air laut, air danau atau air sungai ke dalam kapal, palka kapal, kontainer atau tempat penyimpanan
11. Kerugian total per kolo karena terlempar atau jatuh ke laut selama pemuatan atau pembongkaran barang ke atau dari kapal (sling lost)
12. General Average contribution – kontribusi kerugian GA
13. Both to blame collision : kontribusi tubrukan kapal vs kapal

ICC "C" Menjamin

1. Kebakaran atau Peledakan
2. Kapal Kandas, terdampar, tenggelam atau terbalik
3. Alat angkut darat tabrakan, terbalik atau keluar rel
4. Tabrakan kapal atau benturan kapal dengan benda-benda lain kecuali air
5. Pembongkaran barang di pelabuhan darurat
6. 7. Pengorbanan kerugian umum (general average/sacrifice)
8. Jettison (pembuangan kargo keluar dari kapal laut)
9. 12. General Average contribution – kontribusi kerugian GA
13. Both to blame collision : kontribusi tubrukan kapal vs kapal

secara lebih sederhana bisa dilihat seperti dalam gambar di  bawah ini :

Mau Mudik Lebaran ? Perjalanan Anda terlindungi Asuransi Kecelakaan loh!

Dalam musim Pulang Kampung atau mudik Lebaran, seluruh Masyarakat sibuk mempersiakan diri untuk melakukan perjalanan jauh keluar kota. Baik menggunakan kendaraan sendiri, umum, baik melalui darat laut dan udara.

Sebenarnya bagi Masyarakat Awam Asuransi, kita ini sudah ada Jaminan Asuransi Sosial yang disediakan pemerintah selama ini.

Kira-kira apa saja sih jaminanya ?

Ada AKDP, yaitu Asuransi Kecelakaan Diri Pengemudi, rinciannya bisa dicek langsung ke link berikut : http://carakamulia.com/asuransi-jiwa-saat-buat-sim/

Trus ada lagi yang istilah singkatannya : SWDKLLJ, Asuransi kecelakaan juga nih, tapi dari fasilitas pemilik kendaraan yang iuran preminya sudah wajib masuk saat STNK diterbitkan atau diperpanjang, rinciannya ? coba cek link berikut : http://carakamulia.com/berkendara-wajib-mengenal-manfaat-swdkllj/

Nggak cuma itu, ternyata ada juga Jaminan untuk Tanggung Jawab Hukum pihak ketiganya loh.
Nama produknya ATJHK rincian manfaatnya ada di link berikut : http://carakamulia.com/manfaat-akdp-atjhk-asuransi-bhakti-bhayangkara/

coba deh, sebelum atau saat mudik, sambil menunggu perjalanan tiba cek aja situs yang paling lengkap memberikan tips dan artikel tentang perlindungan kita di http://www.carakamulia.com dijamin, semua informasi yang ingin diketahui tentang asuransi ada disana, atau bisa langsung kontak petugasnya dari aplikasi WhatsApp yang tersedia di Web tsb.

Ini Asuransi beneran atau bohongan ? Ya bener lah, Caraka Mulia itu Pialang dan Konsultan Asuransi yang memiliki Izin dari OJK, juga anggota Asosiasi Perusahaan Pialang Asuransi dan Reasuransi Indonesia, Terlebih lagi Pialang Asuransi itu, bertindak untuk dan atas nama tertanggung. Jadi pasti aman lah, dengan layanan terpadu dan memberikan konsultasi gratis ! untuk seluruh Masyarakat Indonesia. Bahkan ada pelatihan Asuransi gratis juga kok.

Coba Deh Silahkan di cek yah.

Peringkat Asuransi Umum Tahun 2018 versi InfoBank

Asuransi Terbaik Versi InfoBank Edisi Juni 2018

Majalah keuangan terkemuka di Indonesia, InfoBank, telah menerbitkan Majalah Edisi Juni 2018, yang memuat Rating 128 Perusahaan Asuransi Indonesia, dengan topik, siapa yang mampu bertahan dimasa sulit ?

Seperti dilansir dari infobanknews.com melalui url : [http://infobanknews.com/rating-128-asuransi-siapa-bertahan-di-masa-sulit/] yaitu :

Biro Riset Infobank (birI) mencatat, secara industri pendapatan premi bruto industri umum naik tipis tahun lalu, yakni hanya 3,53% menjadi Rp55,17 triliun. Jumlah perusahaan asuransi umum pun berkurang menjadi 73 perusahaan, setelah tiga perusahaan, yaitu Asuransi Recapital terkena pembatasan kegiatan usaha dan Fairfax Insurance Indonesia bersama Asuransi Raya dicabut izinnya tahun lalu. Dari 73 perusahaan asuransi yang aktif, 25 di antaranya mengalami penurunan premi.

Selain ketatnya kompetisi dalam merebut pasar premi, perusahaan-perusahaan asuransi terus terperangkap dalam perang tarif dalam pemberian komisi broker yang membuat biaya akuisisi sulit terkendali sehingga menekan keuntungan. Ada 34 perusahaan yang labanya anjlok dan 12 di antaranya merugi. Secara total, laba industri asuransi umum tahun lalu menurun 4% menjadi Rp69,72 triliun.

Terlepas dari segala pergolakan perkembangan di Industri Perasuransian, Rating Perusahaan Asuransi tetap berjalan, dan salah satu media terkemuka telah rilis seluruh daftar Rating 128 Perusahaan Asuransi di Indonesia sekaligus mengkonfirmasi data siapa saja Asuransi Terbaik Versi InfoBank Edisi Juni 2018. [Artikel : http://tim-agen-asuransi.com/asuransi-terbaik-versi-infobank-edisi-juni-2018/]

Dari berita yang dilansir media tersebut dinyatakan

Asuransi Terbaik Versi InfoBank Edisi Juni 2018 :

Di kelompok perusahaan asuransi jiwa dengan premi bruto di bawah Rp1 triliun hanya lima perusahaan yang meraih predikat “sangat bagus”, yaitu Reliance Life, Asuransi Jiwa Taspen, Heksa Solution Insurance, Asuransi Jiwa Tugu Mandiri, dan Asuransi Jiwa Mega Indonesia.

Sedangkan, di industri asuransi umum yang dihuni 73 perusahaan, ada 35 perusahaan yang berhasil meraih predikat “sangat bagus” atas kinerja keuangan 2017. Perusahaan asuransi umum yang berhasil meraih predikat “sangat bagus” tersebut mampu memanfaatkan ruang sempit di tengah perekonomian yang belum kuat tahun lalu dengan mempertahankan pertumbuhan bisnis dan mempertahankan rasio-rasio di atas standar regulasi maupun industri serta mencatat skor penilaian minimum 81%.

Di kelas asuransi umum, perusahaan yang meraih predikat “sangat bagus” di kelas premi bruto Rp1 triliun ke atas adalah Asuransi Sinar Mas, BRINS General Insurance, Asuransi MSIG Indonesia, Asuransi Astra Buana, Asuransi Bina Dana Arta, Asuransi Multi Artha Guna, Asuransi Wahana Tata, Asuransi Kredit Indonesia, Asuransi Jasa Indonesia, Asuransi Tokio Marine Indonesia, Tugu Pratama Indonesia, dan Asuransi Bangun Askrida.

Di kelas premi bruto Rp250 miliar sampai dengan di bawah Rp1 triliun, perusahaan asuransi umum yang mencetak predikat “sangat bagus” adalah Asuransi Sumit Oto, Asuransi Umum BCA, Asuransi Mitra Pelindung Mustika, Jasaraharja Putera, Asuransi Dayin Mitra, Asuransi Umum Mega, Asuransi Reliance Indonesia, Asuransi FPG Indonesia, Asuransi Kresna Mitra, Asuransi Tri Pakarta, AIG Insurance Indonesia, Asuransi Raksa Pratikara, Asuransi Cakrawala Proteksi, dan Asuransi Samsung Tugu.

Sedangkan, di kelompok perusahaan asuransi umum berpremi bruto di bawah Rp250 miliar yang meraih predikat “sangat bagus” adalah Arthagraha General Insurance, Asuransi Mega Pratama, Asuransi Binagriya Upakara, Asuransi Jasa Tania, Asuransi Buana Independent, Asuransi Tugu Kresna Pratama, Asuransi Artarindo, Meritz Korindo Insurance, dan Asuransi Simas Net.