Archive for the ‘D-Clauses’ Category

Design and Advisory Endorsement

It is hereby understood and agreed that this Policy is limited to cover only design and advisory work carried out by You or on Your behalf only. Full story

Defamation Exclusion

It is hereby understood and agreed that notwithstanding Scope of Cover 3.3 Defamation, We will not pay for any Claim directly or indirectly arising out of, in consequence of, or contributed to by defamation made by You or at Your direction. Full story

DEWATERING EXPENSES EXCLUSION

It is agreed and understood that otherwise subject to the terms, exclusion, provisions and conditions contained in the policy or endorsed thereon, this insurance shall not indemnify the insured in respect of : additional dewatering expenses incurred due to the quantities of water exceeding those originally expected. expenses incurred for additional installations and facilities for the discharge of run-off and/or underground water. loss or damage ... Full story

DISCOVERY PERIOD

It is hereby declared and agreed that shall fraudulently embezzle or fraudulently misappropriate any money or negotiable instrument or goods belonging to the Employer or for which the Employer is legally liable and such fraudulent embezzlement or fraudulent misappropriation be discovered not later than 6 (six) months after the termination Policy or not later than 12 (twelve) months after the termination of the employment of ... Full story

DELIBERATE DAMAGE – POLLUTION HAZARD

This policy is extended to cover but only while the property insured is on board a waterborne conveyance, loss of or damage to said property directly caused by governmental authorities acting for the public welfare to prevent or mitigate a pollution hazard or threat thereof, provided that the accident or occurrence creating the situation which required such governmental action would have resulted in ... Full story

Dispute Clause C

The Insurer shall give the option to the Insured to elect either one of the following dispute and such choice could not be revoked. The Insured must notify his choice to the Insurer by registered letter, telegrams, telex, facsimile, E-mail or by courier. Settlement of Dispute (Arbitration) Clause It is hereby noted ... Full story

Dispute Clause A (Arbitration)

In the event of any dispute arising between the Insurer and the Insured in respect of the implementation and or interpretation of this Policy, the dispute shall be settled amicably within 60 (sixty) days since the dispute arises. The dispute arises since the Insured or the Insurer has expressed in writing his disagreement on the subject matter of the dispute.... Full story

Dewatering Clause

Notwithstanding the conditions, provisions and other endorsements of the Policy, it is agreed and understood that the Insurers shall not be liable to indemnify the Insured in respect of: additional dewatering expenses incurred because the quantities of Water originally expected are exceeded expenses incurred for additional installations and facilities for ... Full story

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 No.1 on Gross profit and item No.2 on Wages shall apply separately to each department affected by the damage, except that If the sum insured by item No.1 be less than the ... Full story

Denial Access Clause

Subject otherwise to the terms and conditions of this Section and of the Policy, loss resulting from interruption of or interference with the Business in consequence of Damage (as within defined) to property in the vicinity of the insured locations and at or around the jetty used by the Insured for import and export, including port blockage, which shall prevent or ... Full story

Deferred Premium Clause

Notwithstanding that this policy is issued as a contract for a period of twelve months. It is hereby understood and agreed that the premium shall be payable in the following installments:                              US$ 11,574.53 due at 12 June 2009                              US$ 49,770.46 due at 2 August 2009 Nevertheless ... Full story

Debris of Removal / Clearance of Debris (EAR Munich RE)

In the past, the question of the insurer's liability for the costs involved in clearance of debris has caused repeated difficulties. Is the cost of removal of wrecked material or clearance from the site of flood debris, mud, etc to be regarded as part of the cost of remedy­ing the material darnaqe or are these expenses covered under ... Full story

Debris of Removal / Clearance of Debris (CAR Munich RE)

In nearly all cases of material damage on construction sites, it is neces­sary for the area to be cleared and cleaned up before the actual repairs can be started. The question arises again and again as to whether the cost of removing wreckage or cleaning up the site, eg cleaning away flood debris, is to be included in the cost of ... Full story

Debris of Removal (Swiss RE)

Notwithstanding the conditions, provisions and other endorsements of the Policy, it is understood and agreed that this insurance shall be extended to indemnify the Insured for the costs and expenses necessarily and reasonably incurred in the removal, from the location of any accidental physical loss or accidental physical damage, and disposal of debris of any of the Property Insured.... Full story

Debris Removal Clause

In the event of a claim for physical loss or damage insured hereunder the Insurers shall also be liable for the cost of demolition and removal of debris formerly an insured part of the property and no longer useful for the purpose for which it was intended.  In respect of claims arising under this policy of insurance, the Insurers limit of ... Full story

Damage to Property When Contractor Not Negligent Clause

The Contractor shall maintain in the joint names of the Employer and Contractor such Insurances as may be specifically stated by way of Provisional Sum items in the Specification or other contract Documents in respect of any damage, expense, liability, loss, claim or proceedings which the employer may incur or sustain due to injury or damage of any kind to property ... Full story

DISCOVERY PERIOD

It is hereby declared and agreed that shall fraudulently embezzle or fraudulently misappropriate any money or negotiable instrument or goods belonging to the Employer or for which the Employer is legally liable and such fraudulent embezzlement or fraudulent misappropriation be discovered not later than 6 (six) months after the termination Policy or not later than 12 (twelve) months after the termination ... Full story

DEWATERING EXPENSES EXCLUSION

It is agreed and understood that otherwise subject to the terms, exclusion, provisions and conditions contained in the policy or endorsed thereon, this insurance shall not indemnify the insured in respect of : additional dewatering expenses incurred due to the quantities of water exceeding those originally expected. expenses incurred for additional installations and facilities for ... Full story

DAMAGE TO SAFES/DRAWERS/ CABINETS CLAUSE

It is hereby declared and agreed that this policy is extended to include damage to the safes/ drawers/ cabinets provided such damage would but for this insurance be the responsibility of the insured. Full story

DEPARTMENTAL CLAUSE

If the business be conducted in separate companies and/or departments, the independent trading results of are ascertainable, the provisions of Clauses (a) and (b) of Item 1 shall apply separately to each separate company and/or department affected  by the damage, except that if the sum insured by the said  item be less than the aggregate of the sum produced by applying ... Full story

DENIAL OF ACCESS CLAUSE

It is hereby agreed and declared that loss as insured, by this Policy resulting from interruption of or interference with the business in consequence of damage (as within defined) to property in the vicinity of the premises which shall prevent or hinder the use thereof or access thereto, whether the premises or property of the Insured therein shall be damaged or ... Full story

DEPARTMENTAL CLAUSE

If the business be conducted in separate companies and/or  departments, the independent trading results of which are ascertainable, the provisions of clause (a) and (b) of item 1 shall apply separately to each separate company and/or department affected by the damage, except that if the sum insured by the item No. 1 be less than the aggregate ... Full story

DUTIES AND TAXES CLAUSE

The insurer will also reimburse the Insured for customs and excise duties, import taxes, freight, insurance and similar changes in respect of the procurement of goods, materials and service for replacement, restoration or re-commissioning. Full story

DUTY CLAUSE

The Insurer will also reimburse the Insured for customs and excise duties, import taxes, freight, insurance and similar charges in respect of the procurement of goods, materials and services for replacement, restoration or decommissioning. Full story

DETERIORATION OF STOCK

Subject to the general exclusions and conditions, the insurance provided herein is extended to cover the contents of the insured's cold rooms, frozen food cabinet(s) and/or domestic refrigerators against deterioration and/or putrefaction due to a change in temperature following breakdown of the refrigeration machinery and/or failure of the public electricity and/or gas supply and/or action of refrigerant fumes escaping from the ... Full story

DELAYED INDEMNITY PERIOD CLAUSE

In the event of an interruption to the Business insured, arising out of a peril not excluded hereunder, which commences and/or recommences at a date later than that of the loss or damage to the property insured hereunder and which gives rise to such interruption, the Insurer agrees to extend the period during which indemnity is provided by this Policy.... Full story

DEPARTMENTAL CLAUSE

If the Business be conducted in departmental the independent trading results of which are ascertainable the provisions of clauses (a) and (b) of item no. 1 and 3 shall apply separately to each departmental affected by the Damage. Full story

DAMAGE TO EXISTING PROPERTY (LIMIT …………)

It is agreed and understood that otherwise subject to terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, the cover under Section I shall be extended according to the following provisions to cover sudden and unforeseen physical loss of or damage to the structures stated below caused ... Full story

DEFENSE AND RECOURSE CLAUSE

If the Insured and any member of this family taking part in the work of enterprise is accused or homicide or accidental wounding of any third party or employee of the contract the Insurer will agree to pay for legal defense cost arising therefrom. The Insurer also undertakes to pay for the defense of the Insured ... Full story

DENIAL OF ACCESS

It is hereby declared and agreed that subject to the conditions of this Policy covers loss as Insured by this policy resulting from interruption of or interference with the business in consequence of damage (as within defined) to property in the vicinity of the premises which shall prevent or hinder the use thereof or access thereto, whether the premises or property ... Full story

DUTY CLAUSE

The Insurer will also reimburse the Insured for customs and excise duties, import taxes, freight, insurance and similar charges in respect of the procurement of goods, materials and services for replacement, restoration or decommissioning. Full story

DEFUNCT SPARES CLAUSE

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 spare parts shall also be deemed a constructive total loss provided always that such parts cannot be used as spares for ... Full story

DETERIORATION OF UNDAMAGED STOCK CLAUSE

This Policy extends to include loss sustained by the Insured directly as a result of deterioration of undamaged stock which cannot be processed promptly due to interruption of or interference with the Business in consequence of Damage to Property Insured. Full story

DESIGNATION CLAUSE

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

DE WORDINGS (1995)

OUTRIGHT DEFECT EXCLUSION DE 1 (1995) This policy excludes loss of or damage to the Property Insured due to defective design plan specification materials or workmanship. EXTENDED DEFECTIVE CONDITION EXCLUSION DE2 (1995) This policy excludes loss of or damage to and the cost necessary to replace repair ... Full story

DECK SHIPMENT

For the purpose of this Policy “On Deck” shipments in containers shall be considered as “Under Deck” shipments. All other shipments carried “On Deck” and subject to On Deck Bill of lading are insured subject to ICC (A) condition. Full story

DEFERRED PREMIUMS CLAUSE (120 days)

It is hereby understood and agreed that the premium shall be paid in the following installments : 1st  installment - 25% of 100% premium due date 30th December 2004 2nd installment - 25% of 100% premium due date 30th January 2005 3rd installment – 25% of 100% premium due date 28th February ... Full story

DETERIORATION OF STOCK

Subject  to  the  general exclusions and conditions, the insurance provided herein  is  extended  to  cover  the  contents of the insured’s cold rooms, frozen  food cabinet(s) and/or domestic refrigerators against deterioration and/or  putrefaction  due to a change in temperature following breakdown of the refrigeration machinery and/or failure of the public electricity and/or gas  supply  and/or  action  of  refrigerant  fumes ... Full story

DEPRECIATION ADJUSTMENT FOR REWINDING OF ELECTRIC MACHINES CLAUSE

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the Policy or endorsed thereon, the following shall apply to this insurance; If – in the event of partial damage to electrical machines – the repair necessitates the rewinding of electric coils, the amount identifiable calculated subject to an annual rate ... Full story

DAMAGE TO HAUL ROAD, BRIDGES AND JETTIES IS SPECIFICALLY INCLUDED

It is Iunderstood and agreed that in this policy to cover all real and personal property of every kind and description, belonging to the insured or for which the insured is responsible or has assumed responsibility to insure prior to the occurrence of any damage/loss, especially extended to include Haul Road, Bridges, Jetties and the like. Full story

DUTIES CLAUSE

The Insurer will also reimburse the Insured for customs and excise duties, import taxes, freight, insurance and similar changes in respect of the procurement of goods, materials and service for replacement, restoration or recommissioning. Full story

DESTRUCTION OF SOUND PROPERTY CLAUSE

This Insurance extends to include the costs of destruction and subsequent replacement of undamaged property or undamaged portions of property and for this purpose “undamaged” shall mean not damaged physically and directly by an  event or peril not otherwise excluded by this Policy if such destruction is solely necessary in order to carry out repairs or  reinstatement of the property insured ... Full story

DEPRECIATION ADJUSTMENT FOR REWINDING OF ELECTRIC MACHINE CLAUSE

It is agreed and understood that otherwise subject to the terms, exclusion, provisions and conditions contained in the policy or endorsed thereon, the following shall apply to this insurance. If in the event of partial damage to electrical machine – the repair necessitates the rewinding of electric coils, the amount indemnifiable calculated subject to an annual rate of ... Full story

DAMAGE TO HAUL ROAD, BRIDGES AND JETTIES AND THE LIKE ARE SPECIFICALLY INCLUDED

It aid hereby understood and agreed that in this policy to cover all real and personal property of every kind and description, belonging to the insured or for which the insured is responsible or has assumed responsibility to insure prior to the occurrence of any damage/loss, expecially extended to include Haul Road, Bridges, Jetties and the like. Full story

DIRECTOR AND/OR EMPLOYEES PERSONAL EFFECT

The indemnity granted by this Policy extends to include clothing and/or personal effect of the employees and/or dirrector of the Insured for an amount not exceeding Rp. XXX.XXX,- in respect of any one employee and/or dirrector and for an amount not exceeding in the aggregate Rp. X.XXX.XXX,00. Full story

DEDUCTIBLE CLAUSE

It is hereby declared and agreed that the Insurer shall not be liable for  the first US$/IDR …  in respect  of each and every claim during the period of insurance. Full story

DESIGNATION CLAUSE

For the purpose of determining, where necessary, the definition of any property insured hereby the Insurer agrees to accept the designation under which such property has been entered in the Insured’s books. KLAUSUL PENAMAAN HARTA BENDA YANG DIPERTANGGUNGKAN Untuk menentukan, dimana perlu, definisi harta benda yang dipertanggungkan di sini, Penanggung setuju untuk menerima, ... Full story

DETERIORATION OF UNDAMAGED STOCKS

Deterioration of Undamaged Stocks The Policy extends to include loss sustained by the Insured as the result of deterioration of undamaged stock which cannot be processed promptly due to interruption of or interference with the Business in consequence of damage to Property Insured. Kerusakan persedian bahan baku yang tidak dapat diproses ... Full story

DEPARTMENTAL CLAUSE

If the business be conducted in by individual companies/divisions or departments the independent trading results of which are ascertainable, it is agreed that the provision hereof may at the option of insured apply separately to each such company/division or department affected by the loss, destruction or damage. With regard to agreements between individual companies relating to the lease ... Full story

DENIAL OF ACCESS CLAUSE

It is hereby declared and agreed that subject to the conditions of this Policy covers loss as Insured by this policy resulting from interruption of or interference with the business in consequence of damage (as within defined) to property in the vicinity of the premises which shall prevent or hinder the use thereof or access thereto, whether the premises or property ... Full story

DEMOLITION EXCLUSION CLAUSE

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly out of or caused by or in connection with the demolition of buildings or structures exceeding ten metres in height.           Full story

DEMONSTRATION AND EXHIBITIONS AND DISPLAY CLAUSE

It is hereby declared and agreed that the Insurance in this Policy is extended to include Insured’s legal liability in respect of accidental bodily injury to any person or accidental loss or damage to property happening whilst the Insured is holding demonstration and or exhibition and display sites anywhere within the Republic of Indonesia Full story

DIRECTORS AND PARTNERS CLAUSE

Any director, partner or Employee of the Insured while acting on behalf of or in the course of his employment or engagement by the Insured in respect of liability for which the insured would have been entitled to claim under this insurance if the claim had been made against the Insured. Full story

DELETERIOUS FOOD AND DRINK CLAUSE

This Policy extends to include liability in respect of accidental injury directly caused by or arising from anything harmful or defective in food or drink sold or supplied by the Insured or from poisoning of any kind caused by foreign or deleterious matter in food or drink sold or supplied by the Insured in the Business at the situation named in ... Full story

DEFECTIVE SANITARY INSTALLATIONS CLAUSE

It is hereby declared and agreed that this Policy extends to cover injury, loss or damage by air or water pollution caused by immediate discharge consequent upon an accident, or by defective drains, sewers or sanitary arrangement. Full story

DENTAL AMALGAM CLAUSE

This policy does not provide indemnity directly or indirectly for losses arising from dental amalgam Full story

Deterioration of Undamaged Stocks, etc

Deterioration of Undamaged Stocks The Policy extends to include loss sustained by the Insured as the result of deterioration of undamaged stock which cannot be processed promptly due to interruption of or interference with the Business in consequence of damage to Property Insured. Defunct Spare Parts Clause It is hereby noted and ... Full story

DESIGNATION CLAUSE

DESIGNATION CLAUSE For the purpose of determining, where necessary, the definition of any property insured hereby the Insurer agrees to accept the designation Full story
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