COMPREHENSIVE GENERAL LIABILITY CLAUSES

COMPREHENSIVE GENERAL LIABILITY CLAUSES

Indonesian Jurisdiction Clause :

It is understood and agreed that the Insurer will be under no liability in respect of

(i) Compensation for injury loss or damage in respect of judgements delivered or obtained otherwise than through a Court of competent jurisdiction within the Republic of Indonesia.

(ii) Costs of expenses of litigation recovered by any claimant from the Insured which are not incurred and recoverable in the Republic of Indonesia.

(iii) Costs and expenses incurred by the Insured in the defence of any claims outside the Republic of Indonesia.

Contractual Liability Clause :

Subject to the terms exceptions limits and conditions of this Policy the Insurer will indemnify the Insured in respect of liability assumed by the Insured under any contract or agreement entered into with any Principal but only in respect of bodily injury to any person and/or loss of or damage to property happening in connection with any work or contract carried out by the Insured in connection with the Business for such Principal.

Provided always that the Insurer shall have the conduct and control of all claims for which the Insurer may be liable by virtue of this Endorsement and that this extension shall not in any event apply to Liability in respect of liquidated damages or under any penalty clause.

Subject otherwise to other Terms, Conditions and Exception of this Policy.

Cross Liability Clause :

It is agreed and understood that subject otherwise to the terms, exclusions, provisions and conditions contained herein the Policy shall apply to the insured parties named in the Schedule as if a separate policy had been issued to each party, provided that the Insurer shall not indemnify the Insured under this Endorsement in respect of liability for fatal or non-fatal injury or illness of  employees or workmen who are or could have been insured under Workmen’s Compensation and/or Employers’ Liability insurance.

Subject otherwise to other Terms, Conditions and Exception of this Policy.

Indemnity to Principals :

Where any contract or agreement entered into with any Principal so requires the benefits of this Policy shall apply jointly to the Insured and the Principal (named in the Schedule hereto) and the Insurer will indemnify the Principal within the terms of this Policy for any claim resulting from injury, illness, loss or damage (as herein defined) where such injury, illness, loss or damage occurs during the currency of the Policy and arises out of, in the course of or by reason of the carrying out by the Insured and/or his Subcontractors of work for which an indemnity is provided by this Policy.

Provided that 

(a)   the Insured shall have arranged with the Principal for the conduct and control of all claims for which the Insurer may be liable by virtue of this indemnity to be vested in the Insurer.

(b)   the Principal shall observe fulfil and be subject to the terms and conditions of this Policy in so far as they can apply.

(c)    claims made by the Principal shall be treated as though the Principal were not insured by this Policy.

Subject otherwise to other Terms, Conditions and Exception of this Policy.

Automobile Liability including Passenger Legal Liability – sub limit USD 1,000,000 any one occurrence for Sedan, Jeep & Minibus only with deductible USD 1,000 any one occurrence

The Insurer will pay on behalf of the Insured all sums which the Insured shall become legally liable to pay as damages because of Bodily Injury and/or Property Damage arising out of the ownership maintenance, or use, including loading, of any automobile and the Insurer shall have the right and duty to defend any suit against the Insured seeking damages on account of such bodily injury and/or property damage, even if any of the allegations of the suit are groundless, false or fraudulent and may make such investigation and settlement of any claim or suit as it deemed expedient but the Insurer shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Insurer’s liability has been exhausted by payment of judgments or settlements.

Product and Completed Operation Liability

It is noted and agreed that the insurance is extended to cover the Insured’s legal liability arising out of the nature, condition or quality of any of the Insured’s Product and Completed Operation.

Damage to Principal’s Existing Property or Damage to Third Party or Principal’s Property under care, custody and control of the Insured – sub limit USD 10,000,000 in aggregate

It is hereby noted and agreed that this policy is extended to cover loss of or Damage to Principal’s Existing Property or Damage to Third Party or Principal’s Property under care, custody and control of the Insured caused by or arising out of the performance of the Insured’s Scope of Work subject to negligence of the Insured as onus of proof.

Diving Activities

It is hereby noted and agreed that this policy extends to cover the Insured’s legal liability arising from diving activities, subject to certificate for diving, schedule and procedure of diving activities.

First Aid Facilities

The indemnity afforded by this Policy extends to include the legal liability of the Insured arising out of the provision by the Insured 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 voluntary worker of any hospital or ambulance organization.

Fire & Full Explosion (Sub Limit USD 1,000,000 in aggregate)

It is hereby understood and agreed that this policy will, subject to its terms, limitation and conditions extend to cover the insured’s third party legal liability in respect of injury or damage caused by or in connection with or arising from fire & full explosion provided that the Insured properly maintain their security alarm and keep exit doors lighted and accessible.

Provided always that,

(a) the Insurer shall not under this endorsement be liable for any liability in respect of bodily injury or loss of or damage to property caused by or in connection with or arising from the bursting of a boiler economizer or other vessel machine or apparatus wherein internal pressure is due to steam only.

(b) the liability of the Insurer under this policy and endorsement in respect of bodily injury or loss of or damage to property shall not in any case exceed the limit of liability specified in this policy

Loading & Unloading (Sub Limit USD 1,000,000 in aggregate)

It is hereby declared and agreed that this policy shall extend to cover the legal liability of the Insured  in respect of injury illness or damage caused by or in connection with or arising out of and in the course of loading or unloading operations from vehicle/plant.

It is further noted and agreed that the coverage provided under this extension shall be excess insurance over any other valid and collectible insurance available to the Insured.

Loss of Notification (30 days)

This Insurance will not be prejudiced by any inadvertent delays, errors or omissions in notifying the Insurers of any circumstances or events giving rise or likely to give rise to a claim under this Policy.

Notice of Cancellation (30 days) with notification addressed also to PT………… Indonesia Company

It is hereby understood and agreed that this policy cannot be suspended or cancelled without the insurance company advising in writing of such intended cancellation or suspension and notifying the Insured by giving 30 days written notice.

Plant & Machinery (Sub Limit USD 1,000,000 in aggregate)

It is hereby declared and agreed that this policy extends to cover legal liability of the Insured in respect of injury illness or damage caused by or in connection with or arising from the use of Plant and Machinery equipment including lifts, elevators, escalators, hoists, cranes and unregistered vehicles, owned and/or under the control of the Insured and not licensed for road used.

Deferred Premium Payment Warranty

It is hereby declared and agreed that it is a condition precedent to liability under this Policy that any premium due must be paid and actually received in full by the Insurer.  Warranted first installment to be paid at 60th days and second and subsequent installments are due on 90th and 120th days from issuance date of this policy.

Breach of the above condition, the cover under this policy shall be deemed to have terminated from the expiry of the premium warranty period and the Insurer shall be discharged from all liability there from but without prejudice to any liability incurred before that date and the Insurer will be entitled to a prorata  time on risk premium.

Sudden & Accidental Pollution (72 hours)

 This insurance does not apply to Bodily Injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acid, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water, but this exclusion does not apply if such discharge, dispersal release or escape meets all five of the following conditions :

 (1)  The discharge, dispersal, release or escape must be neither expected or intended by the Insured and,

(2)  The beginning of the discharge, dispersal, release or escape must take place during the policy period and,

(3)  The discharge, dispersal, release or escape must be physically evident to the Insured or other parties within 72 hours of the beginning of the discharge, dispersal, release or escape and,

(4)  Bodily Injury or Property Damage caused by the discharge, dispersal, release or escape must ensue within 72 hours of the beginning of the discharge, dispersal, release or escape.

(5)  Notwitstanding anything to the contrary in condition 4 Insured’s duties in the event of occurrence, claim or suit, all claims made against the Insured under the endorsement must be reported to the Insurer as soon as practicable but not later than 30 days after the termination of the policy.

The term release includes, but is not limited to any spilling, leaking, pumping, pouring, emitting, emptying, injection, dumping or disposing.

If the Insured and the Insurer should disagree with regard to when a discharge , dispersal, release or escape begins or becomes evident, the burden of proving that all 5 enumerated conditions are met rests with the Insured, at the Insured’s own expense. Until such proof is accepted by the Insurer, the Insurer may, but is not obligated, to defend any claim.

Removal of sunken objects or wreckage – sub limit USD 1,000,000 in aggregate:

This policy is endorsed to cover Insured’s legal liability for cost or expenses of operations in respect of raising and removal of sunken objects or craft, wreckage or debris in connection with the performance of the Contract.

Cover provided under this clause shall always subject to negligence of the Insured as onus of proof.

• Additional Insured :

–     PT Pertamina …….., ………. (North West Java) Ltd, ……….. ONWJ B.V, SKK MIGAS,

–     PT. ………… Indah’s subcontractors,

its subsidiaries and affiliated companies, co-owners or joint ventures and their employees, officers agents, and affiliated parties shall be named as additional insureds under this insurance. However, such extention of coverage shall only apply to the extent of the liabilities specifically assumed by the Insured under said contract.

• Waiver of right of recovery or subrogation :

This policy is endorsed to provide that underwriters and insurance companies shall not have any right of recovery or subrogation against:

–     PT Pertamina …….., ………. (North West Java) Ltd, ……….. ONWJ B.V, SKK MIGAS,

–     PT. ………… Indah’s subcontractors,

its subsidiaries and affiliated companies, co-owners or joint ventures and their employees, officers agents, invitees, servants, contractors, subcontractors, underwriters and insurance companies, to the extent of the imdemnities given or liability owed by PT. ………….. Indah.

• Primary Insurance :

This policy is primary insurance and shall not be considered contributory, concurrent, double insurance or otherwise with any insurance policies of

–     PT Pertamina …….., ………. (North West Java) Ltd, ……….. ONWJ B.V, SKK MIGAS,

–     PT. ………… Indah’s subcontractors,

its subsidiaries and affiliated companies, co-owners or joint ventures and their employees, officers agents, and affiliated parties.

• Notice of Cancellation or Modification

30 days written notice to be given to and approved by PT Pertamina ………………… (PT. PHE ONWJ) prior to cancellation or material change in the policy(ies)

AUTOMATIC ADDITIONS AND DELETIONS CLAUSE

It is hereby declared and agreed that additions and deletions to the schedule will be automatically held covered without prior notice subject to the insured’s submitting such additions and deletion within thirty days.

BENEFICIARY CLAUSE

It is hereby declared and agreed that in the event of the death of the insured person by accident all compensation due under the within policy shall payable to :

Whose receipt shall be a full and final discharge to the company is such compensation.

BLASTING THE OPERATION

Notwithstanding anything herein contained to the contrary, it is agreed that this policy extends to include liabilities arising out the plant (not more specifically insured under the heavy equipment all risk policy ) : blasting and the operation of the quarries operated by the insured but excluding those liabilities arising out of the plant.

BREACH OF POLICY CONDITIONS CLAUSE

The conditions and warranties of this policy shall apply individually to each of the risks insured and not collectively to them. Thus a breach in any condition or warranty shall void the section only in respect of all the risks to which that breach applied and does not affect the sections in respect of the other risks.

CAR PARK CLAUSE

The company shall indemnify the Insured’s liability for loss of or damage to vehicles or the contents thereof.

The insured shall display in a prominent position in the car park the following notice :

“the proprietor does not accept responsibilities for any safe custody of any vehicles or articles therein or for any damage to the vehicles or articles howsoever caused. All vehicle being left in all respect entirely at the owner’s risk.”

The liability of the company under this policy in respect of the extension for all sums payable as damage consequent upon the loss of or damage to vehicles (including accessories and luggage therein or thereon) is limited to as per schedule in all in any one year of insurance.

Limit as per Schedule any one occurrence and in the aggregate)

CAR PARK LIABILITY CLAUSE

It is agreed and declared that this policy extends to indemnify the insured for claims in respect of bodily injury or damage to property arising directly or indirect out of or caused by or in connection with any vehicle in the physical or legal control of the insured where such bodily injury or damage to property occurs while such vehicle is in car park owned or operated by the insured.

Provided that the indemnity granted by this endorsement does not apply in respect of :

(A)   any liability in connection with

(i)             any vehicle belonging to the insured.

(ii)            Any vehicle used by or on behalf of the insured independently of his operations as a park owner or operator.

(B)   any liability arising directly or indirectly out of or caused by or in connection with the servicing repairing and/or maintenance of any vehicle

provided further that notwithstanding anything to the contrary contained in this or any other policy the insured shall not be entitled to indemnity by virtue of this endorsement if entitled to indemnity under any other policy.

Limit as per Schedule any one occurrence and in the aggregate)

CAR PARK LIABILITY CLAUSE

This section is extended to cover the legal liability of the insured in respect of loss or damage to vehicles under the control of the insured or the Insured’s parking attendants whilst in the car park of the insured.

Provided always that :

(A)   the company shall not be liable for any such loss or damage insofar as such loss or damage insofar as such loss or damage is covered by any other insurance.

(B)   The liability of the company under this endorsement shall be limited to as per schedule in respect of any one vehicle and unlimited during any one period of insurance.

Limit as per Schedule any one occurrence and in the aggregate)

CROSS LIABILITY CLAUSE

Where more than one party is comparised by the term ‘ The Insured” each of the parties shall for the purpose of this section be considered as a separate and distinct unit and the words “The Insured” shall be considered as applying to each party in the name manner as if a separate policy had been issued to each subrogation or action which they may have or acquire against any of the afore hereunder provided nevertheless that nothing in this clause shall be deemed to increase the limit of the company’s liability in respect of any one accident series of accident as stated on the policy hereof.

CASUAL CONTRACTORS CLAUSE

It is hereby declared and agreed that the insurance by this policy is extended to cover the insured’s legal liability for injuries, illness, loss or damage cause by any of the insured’s contractors and subcontractors and happening in connection with the carrying out of work by them for the insured.

It is further declared and agreed that in respect of such injuries, illness, loss or damage caused as aforementioned for which the said contractors and sub contractor are responsible, the company will at the request of the insured treat these contractors and sub contractors as though they were also the insured under this policy provided that the contractors and sub contractors shall observe, fulfill and be subject to the terms, limits, exceptions, provisions and conditions of this policy insofar as they apply.

COMMERCIAL VISIT 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 commercial visits by directors or non manual staff normally resident in or traveling from the countries specified in the schedule.

Subject to otherwise to the terms of this policy.

CONTRACTORS AND SUB CONTRACTORS CLAUSE

It is hereby declared and agreed that the insurance by this policy is extended to cover the insured’s legal liability for injuries, illness, loss or damage caused by any of the insured’s contractors and sub contractors and happening in connection with the carrying out of work by them for the insured. It is further declared and agreed that in respect of such injuries, illness, loss or damage caused as aforementioned for which the said contractors and sub contractors are responsible, the company will at the request of the insured treat these contractors and sub contractors as though they were also shall observe, fulfill and be subject to the terms, limits, exceptions, provisions and conditions of this policy in so far as they apply. All other terms and conditions remain unchanged.

CUSTODY AND CONTROLL CLAUSE

Notwithstanding the wording of exceptions this policy shall extend to included the insured’s legal liability for property on which the insured is working excluding property owned or rented by the insured.

Risk assumed under this insurers standard product’s liability and professional liability insurance policies are expressly excluded.

DEFENSIVE SANITATION CLAUSE

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

The liability of the company in any one period of insurance and caused by or resulting from defective sanitary arrangements shall not exceed ……………….. which shall for the purpose of this endorsement be the period limit referred to on …………. Hereof

DEFECTIVE WORKMANSHIP CLAUSE

Notwithstanding the wording of exception…….. of this policy, the policy shall be extended to included claims for legal liability arising as a consequence of defective workmenship or design, but not for loss or damage to the actual work being undertaken at the time.

DIRECTORS/EXECUTIVE CLAUSE

It is hereby declared and agreed that the company will indemnify directors and executives of the insured against all sums for which they shall become legally liable consequent upon death bodily injury illness loss or damage as within defined.

EMPLOYEES LIABILITY ENDORSEMENT

It is hereby declared and agreed that notwithstanding anything herein contained to the contrary, the insurance by this policy extends to included the employers liability to employees at common law for death or injury sustained as a result of negligent acts or omissions by the employer or any employee from whom hw is vicariously liable arising out of and in the course of employment by the insured in the business. The indemnity provided by this policy shall only apply to those persons whose wages are declared to the insurers, on which the premium is based. In pursuance of this conditions, the insured shall submit a wages declarations annually, upon expire of this policy. In the event of a claim under this insurance it is understood and agreed that shall ultimately be the Indonesian courts, but such referral shall only be deemed necessary should a dispute arise.

Limit of indemnity :……………….

FIRE & FULL EXPLOSION CLAUSE

Notwithstanding anything herein contained to the contrary it is hereby understood and agreed that the within policy will subject to its Terms, Limitations and Conditions extend to cover the Insured’s legal liability for fire and for explosion damage.

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 provisions 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 of volunteer of any hospital or ambulance organization.

FOOD AND DRINK CLAUSE

The insurance by this policy extends to indemnify the insured in respect of legal liability for accidental bodily injury (including illness) and accidental loss of or damage to property caused by or attributable to food and drink sold or supplied or provided by the insured. Subject otherwise to the terms and conditions.

Limit as per Schedule any one occurrence and in the aggregate)

GUEST EFFECT CLAUSE

Notwithstanding anything to the contrary contained in exception this policy is extended to cover the legal liability of the insured of loss of or damage to property belonging to or the responsibility of guest and customers of the insured occurring in on or about the insured’s premises:

(A)   the insured maintains in proper working order the lock of every bedroom door and provides every guest or customer occupying a room with a key to the lock on the door of the room.

(B)   If a charge is made for cloakroom facilities a suitably worded notice disclaiming liability for all loss or damage howsoever cause is conspicuously displayed at the reception point of such facilities and each cloakroom shall be attended by an authorized person at all times when property is deposited or left therein.

Automatic admitted liability facility of as per schedule to apply subject to approval of the general or resident manager and full discharge obtained.

Limit as per Schedule any one occurrence and in the aggregate)

GUEST EFFECT CLAUSE

It is herby declared and agreed that the  company will indemnify the insured against legal liability arising out of loss or damage to the personal effects of the insured’s guest occurring at the place or places at which the policy applies. The amount of indemnity under this extension being limited to as per schedule in respect of any one event.

Limit as per Schedule any one occurrence and in the aggregate)

LOADING AND UNLOADING CLAUSE

Notwithstanding the wording of exception as schedule of this policy, cover shall extend during loading and unloading of vehicle at job site.

LOADING AND UNLOADING CLAUSE

It is hereby declared and agreed that this policy is extended to indemnify the insured against legal liability in respect of bodily injury and/or damage to property arising out of the course of the loading or unloading operation from a stationery vehicle including delivery or collection of the load from or to the vehicle.

Limit as per Schedule any one occurrence and in the aggregate)

LOSS NOTIFICATION CLASUE

It is hereby declared and agreed that notwithstanding anything contained herein to the contrary this insurance will not be prejudiced by any inadvertent delays errors or omissions in notifying the company of any circumstances or events giving rise or likely to give rise to a claim under this policy. Subject otherwise to the terms of this policy.

NEON LIGHT & ADVERTISING SIGNS CLAUSE

It is hereby declared and agreed that this policy is extended to include liability as within defined from advertising signboards displayed at various locations as specified below.

At anywhere in Indonesia

PLANT OPERATION CLAUSE

Cover hereunder extends to include, but is not limited to, liability in respect of :

1. Passenger & goods lifts, hoists, building installations of plant and machinery of each and every descriptions.

2. Vehicles not licensed for public roads, used in and around the premises for the purpose among other things of property maintenance and repair.

SPORT ACTIVITIES CLAUSE (as per schedule)

Notwithstanding anything contained herein to the contrary this policy is social activities who causes any accidental bodily injury to and any other member or person or accidental damage to property theof while taking part in any activity organized by the insured.

Provided that :

(1)   such member is not entitled to indemnity from any other surce.

(2)   Such member shall as though he were the insured observe fulfill and be subject to the term exceptions and conditions of this policy so far as they can apply.

WATER AND FLOOD CLAUSE

The indemnity granted by this policy is extended to cover legal liability arising from water and flood damage.

INKEEPER’S LIABILITY CLAUSE

It is understood that this policy is hereby amended as indicated bellow. 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 while in such premises.

Special exclusions :

1.  Occasioned by the negligence / misconduct of the guest.

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.

4. Property in the custody of the insured for cleaning, merchandise for exhibition, sale or delivery by guest.

DEMONSTRATION / EXHIBITIONS / PROMOTION CLAUSE

This policy is extended to cover legal liability of the Insured arising cut of any demonstrations, exhibitions or promotions organized by the Insured, held at the Insured’s premises or elsewhere within the Geographical Area, for which they may be responsible.

PLANT AND MANCHINERY

It is hereby declared and agreed that this policy is extended to included insured’s liability arises from the use of plant and machinery.

SPORT FACILITIES CLAUSE (EXCLUDING WATER SPORT ACTIVITIES)

It is herby declared and agree that this policy is extended to indemnify the insured in respect of the Insured’s legal liability for bodily injury and property damage as a

 

EXCLUSIONS

Absolute Asbestos & Silica

It is agreed that this policy shall not apply :

A.    To any liability for property damage, personal injury, sickness, disease, occupational disease, disability, shock, death, mental anguish or mental injury at any time arising out of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos product, asbestos fibers or asbestos dust and silica products, silica fibers, silica dust or silica in any form;

B.    To any obligation of the Insured to indemnify any party because of damages arising out of such property damage, personal injury, sickness, disease, occupational disease, disability, shock, death, mental anguish or mental injury at any time as a result

Absolute Lead

This insurance does not apply to any bodily injury, property damage, personal and advertising injury or any other loss, cost or expenses arising out of the presence, ingestion, inhalation or absorption of or exposure to lead in any form or products containing lead

Professional Liability / Error & Omission / Design

It is agreed that, the insurance does not apply to bodily injury or property damage arising out of the rendering of or the failure to render any Professional Services, any act of negligence, error, mistake or omission by or for the named Insured, including :

1.     The preparation or approval of maps, plans, opinions, reports, surveys, designs or specifications and ;

2.     Supervisory, inspection or engineering service.

Pure Financial Loss / Consequential Loss

It is hereby understood and agreed that this policy excludes all liability for financial loss where such loss is not consequent upon personal injury and/or property damage and shall not apply to any liability arising out of consequential loss or loss of use arising out damage to or destruction of any property belonging to any Principal or contractor for whom work is being performed by or on behalf of the named Insured.

Fines, Penalties, Punitive or Exemplary Damages

This insurance does not apply to any expenses incurred by the Insured of whatsoever nature directly or indirectly involving fines, penalties, punitive or exemplary damages

Underground Activities

It is noted and agreed that the insurance does not apply to any claims arising out of underground activities

Oil Industries Limitation Endorsement

It is understood and agreed that this Insurance shall not apply to :-

1. Injury to or destruction of property located on or above the surface of the earth or ocean floor arising out of the blowout or cratering of any well 

2. Any cost or expense incurred by or at the request of the Insured or any co-owner of the working interest in bringing under control any oil, gas or water well which becomes out of control. A well shall be deemed “out of control” only so long as there is a continuous flow of drilling fluid, oil, gas or water above the surface of the ground or ocean floor which is uncontrollable

3. Loss of or damage to any property directly or indirectly resulting from subsidence caused by subsurface operations of the Insured, including any consequential loss or loss of use arising therefrom;

 4. Loss of hole or loss of in-hole equipment, including fishing costs or other costs of recovery, or to any consequential loss or loss of use arising therefrom;

 5. Removal of debris or wreck;

 6. Injury to or destruction of property arising out of the “Underground Resources and Equipment Hazard” as defined below, or any consequential loss or loss of use arising therefrom;

 7. The cost of reducing any property included within the “Underground Resources and  Equipment Hazard” to physical possession above the surface of the earth or above the surface of any body of the water, or to expense incurred or rendered necessary to prevent or minimize property damage to other property resulting from acts or omission causing property damage included within the “Underground Resources and Equipment Hazard” 

 8. Injury to or destruction of property arising out of the “Saline Substance Contamination Hazard” as define below;

 9. Injury to or destruction of marine life, material, resources or vegetation

“Underground Resources and Equipment Hazard” includes property damage to any of the following:

a) Oil, Gas water or other mineral substances which have not been reduced to physical possession above the surface of the earth or above the surface of any body of water;

b) Any well, hole, formation, strata or area in or trough which exploration for or production of any substance is carried on;

c) Any casing, pipe, bit, tool, pump or other drilling or well servicing machinery or equipment located beneath the surface of the earth in any such well or hole or beneath the surface of any body of water

“Saline Substances Contamination Hazard” includes property damage to any of the following:

 a) Oil, Gas water or other mineral substances, if the property damage is caused directly or indirectly by a saline substance;

 b) Any other property, if the property damage arises out of the property damage described in subvision (A) of this hazard. 

Marine Liability

It is understood and agreed that coverage afforded by this policy shall not apply to any claims direct or consequential arising out of any marine liability which include but not limited to the following list:

Charterers’ Liability                                            Terminal Operation Liability

Safe Berth Legal Liability                                                Wharfingers Liability                  

Stevedores Liability                                                        Protection and Indemnity including Collision        

Towers Liability                                                  Ship Builders Liability

Jones Act Coverage                                                       U.S. Longshoreman and Harbor Workers

It is further agreed that this policy shall not apply to :

1. Liability arising out of maintenance, fueling, loading or unloading of any watercraft or for any watercraft in the insured’s care, custody or control;

 2. Personal injury to passengers;

 3. Damage to or destruction of any dock, pier, harbor, bridge, buoy, lighthouse, breakwater structure, beacon, cable or to any fixed or movable object or property for which the insured may be held liable;

 4. Liability for cost or expenses of, or incidental to, the removal of the weak of any vessel

War & Terrorism

This policy does not cover liability directly or indirectly caused by, arising out of or in any way connection with War whether or not declared or any act or condition incident to war. War includes civil war, insurrection, invasion, act of foreign enemy, civil commotion, military or usurped power, rebellion or revolution and exclusion arising directly or indirectly as a result of or in connection with Terrorism including but not limited to, any contemporaneous or ensuing ‘bodily injury’ or ‘property damage’ caused by fire, looting or theft 

Sanctions, Embargo and Prohibited Transactions

The Company is not liable to make any payments for liability under any coverage sections of this policy or make any payments under any extension :

For any loss or claim arising in, or where the Insured or any beneficiary under the policy is a citizen or instrumentality of the government of, any country(ies) against which any laws and/or regulations governing this policy and/or the insurer, its parent company or its ultimate controlling entity have established an embargo or other form of economic sanction which have the effect of prohibiting the insurer to provide insurance coverage, transacting business with or otherwise offering economic benefits to the insured or any other beneficiary under the policy.

It is further understood and agreed that no benefits or payments will be made to any benefiacy(ies) who is/are declared unable to receive economic benefits under the laws and/or regulations governing this policy and/or the insurer, its parent company or its ultimate controlling entity.

 

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3 Comments on “COMPREHENSIVE GENERAL LIABILITY CLAUSES”

  • PIpit wrote on 29 September, 2015, 16:19

    Dear Pak Imam,

    mau tanya maksud dr klausula indemnity to director and executive dong.
    apakah maksud dr klausula tsb adalah jika direktur/executive dr suatu pperusahaan yg mrp Tertanggung dlm polis liability terbukti melakukan kesalahan yg mengakibatkan timbulnya tuntutan dr pihak ketiga akibat bodily injury atau property damage, maka polis liability tsb akan bekerja?

    bener gak pemahaman saya?

    BETUL, dalam kapasitas mereka sebagai Directors and Executives tentunya

    Dalam wording polis CGL QBE Pool, Direktur & Executive Officer sudah otomatis termasuk kedalam definisi Tertanggung. Direktur & Executive officer dan pihak2 yang termasuk kedalam definisi tertanggung dicover oleh polis terhadap klaim yang diajukan pihak ketiga terhadap mereka secara individu, asalkan tindakan yang dilakukan oleh direktur dan eksekutif yang menimbulkan klaim tersebut dilakukan dalam rangka menjalankan tugasnya sesuai fungsi didalam perusahaan. Perusahaan memiliki vicarious liability atas tindakan directur dan eksekutif tersebut

    Sedangkan menurut ahli asuransi.com wording klausul sbb :

    INDEMNITY DIRECTORS AND EXECUTIVE CLAUSE
    If any claim is made upon any Director and/or Executives of the Insured and the claim is such that if made; upon the Insured the Insured would be entitled to indemnity under this Policy, the company will in the terms of and subject to the limitations of this Policy, indemnify the said Directors and/or Executives of the Insured in respect of such claim.
    Provided That:
    1. Such Director and/or Executives is not entitled to indemnity under any other policy or policies.
    2. the extension by this endorsement shall not apply to or include liability in respect of injury   to   any   person   under   a   contract   of   service   or apprenticeship  with the Director and/or Executive where the injury arises out of and in the course of such person’s employment or service with the Director and/or Executive.
    3. such Director and/or   Executive   shall   as  though  he were the Insured observes,   fulfil   and   be   subject   to  the terms, exceptions, limits and conditions of this Policy so  far  as   they can apply. The extension by this endorsement shall not operate to increase the Company’s liability as set forth in the Schedule, under the heading of limit of indemnity beyond the amount or amounts for which   the Company would be liable if the Policy were not so extended.

    Interpretasi Bebas :

    Jika klaim muncul atas direktur atau eksekutif dari Tertanggung atas tindakan yang dilakukan oleh direktur / eksekutif untuk tertanggung, dan polis menjamin klaim tersebut maka perusahaan asuransi akan memberikan penggantian kerugian atas klaim tersebut, sesuai dengan syarat dan kondisi polis, asalkan
    1. Tidak dicover dalam polis lain
    2. Perluasan jaminan ini tidak berlaku untuk luka badan pihak yang terlibat dalam kontrak kerja dengan direktur / eksekutif tsb, dimana luka badan tersebut timbul dari kegiatan kerja nya dengan direktur / eksekutif
    3. Direktur / eksekutif dianggap sebagai tertangung dan tunduk pada syarat, pengecualian, batasan dan pengecualian polis. perluasan ini tidak akan meningkatkan kewajiban perusahaan asuransi melebihin limit liability jika perlusan ini tidak diberikan.

    Namun dalam meresponsnya sebuah polis liability atas tuntutan klaim, kembali merujuk pada hal2 beriku :
    1. Ada Duty to take care
    2. Ada pelanggaran / kelalaian atas duty to take care
    3. Kelalaian tersebut menimbulkan luka badan dan atau kerugian finansial dari pihak ketiga / penuntut
    4. Pelanggaran kewajiban tersebut merupakan penyebab langsung dari kerugian yang diderita pihak ketiga/penuntu

    Best Regards,

    Rini Setiawati
    Underwriting Assistant Manager – Liability
    Underwriting
    PT Asuransi QBE Pool Indonesia

    Direct: +6221 5723737 ext 213; Fax: +6221 5710547/48
    Email: rini.setiawati@qbe.co.id
    Visit us on the web at http://www.qbe.co.id

  • iwan wrote on 22 October, 2015, 17:00

    Product and Completed Operation Liability
    It is noted and agreed that the insurance is extended to cover the Insured’s legal liability arising out of the nature, condition or quality of any of the Insured’s Product and Completed Operation.

    dear pak imam, apa yang dijamin dalam amandemen ini..apakah product liability juga dijamin?

    YES sesuai namanya Pak menjamin “Product and Completed Operation Liability”

  • hana wrote on 28 April, 2016, 14:32

    Pak Imam

    , apakah dalam wording Comprehensive General Liability/Public Liability, Gross Negligence atau Willful act dikecualikan?

    Terima kasih.

    Willful act – selalu dikecualikan dalam setiap polis

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