Archive for the ‘B-Clauses’ Category

It is agreed that the cost of scraping, grit and/of sand basting and/or other surface preparation or painting of vessel's bottom shall be charged to the Underwriters, including but not limited to supplying/applying of prime-coating, anti-corrosive and anti fouling, incurred as part of reasonable cost of repairs. Klausul Pengecatan Lunas Kapal Dengan ini disepakati bahwa ... Full story

Further to revisions of other clauses, the Joint Cargo Committee has now drafted a new set of Bulk Oil Clauses and Storage Clauses which, following broker consultation, are available for immediate use, as appropriate. CL433 Institute Bulk Oil Clauses/All Risks + Guaranteed Outturn 01/08/2019 CL434 Institute Bulk Oil Clauses - All Risks 01/08/2019 CL435 Liquid Cargo Storage Extension Clause 01/08/2019... Full story

Any particulars or details contained in the Insured's books of account or other business books or documents which may be required by the Insurer for the purpose of investigating or verifying any claim hereunder may be produced and certified by the Insured's auditors and their certificate shall be prima facie evidence of the particulars and details to which such certificate relates.... Full story

In the assessment of any claim for branded goods and/or merchandise covered by this Policy, it is hereby expressly declared and agreed that: Goods damaged or suspected of being damaged by any cause or event not herein excluded (hereinafter referred to as salvaged goods) shall not be disposed of by sale or otherwise without the written consent of ... Full story

If branded or labelled property insured by this policy is physically damaged and the insurer elects to salvage that property, the insured may remove or obliterate the brands or labels. If the insured determines to take such action then it must re-label so as to comply with any applicable regulation. Further, if such re-labelling or re-branding reduces the value of the ... Full story

In the event of a claim being brought by any Insured in respect of Loss resulting from any breach of professional duty by professional consultants, the Insurers will indemnify the Insured, However, the Insurers retain all rights of subrogation against the professional consultants in respect of such Loss. Full story

It is hereby understood and agreed that We will not pay for any Claim directly or indirectly arising out of, in consequence of, or contributed to by: (a)  payments, commissions, gratuities, benefits or any other favours to or for the benefit of any full or part-time domestic or foreign governmental or armed forces officials, agents, representatives, employees or any members of their family or any entity ... Full story

This Policy does not cover liability in respect of Personal Injury or Property Damage caused directly or indirectly by blasting Full story

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 Bridges Full story

It is agreed and declared that the Insured shall bear the first US$ 500.- of each and every loss   Full story

It is agreed and declared that 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 content of any advertising matter produced by or on behalf of the Insured. Full story

  It is agreed and declared that section 4.19.5 of EXCLUSION 4.19 is deleted and replaced by the following: - 4.19.5     Vehicles (not belonging to or used by or on behalf of the Insured) in the physical or legal control of the Insured where such Property Damage occurs whilst any such vehicles are in a car park owned or operated by the Insured. Cover under this section ... Full story

With effect from 01 May 2003 indemnity that is granted by this Policy in respect of any judgment, award or settlement made within countries which operate under the laws of the United States of America and/or Canada (or any order made anywhere in the world to enforce such judgment, award or settlement either in whole or in part) is subject to the following additional terms ... Full story

It is agreed and declared that EXCLUSION 4.2.2 of this Policy shall not apply to liability for Property Damage to property damage of guests or lodgers deposited with the Insured specifically for safe custody provided that Company’s Limit of Indemnity under this endorsement shall not exceed US$ 10,000.- any one occurrence and US$ 25,000.- in the aggregate any one period of insurance. Provided further that Company ... Full story

This insurance does not apply to: “Bodily injury”, “personal injury” or “advertising injury” arising out of, resulting from, caused or contributed to by: Black Lung Disease Pneumoconiosis; or Any other disease or pathology of the respiratory system, when such disease or pathology arises out of, results from or is caused or contributed to by coal, coal dust or other minerals transported with coal. The ... Full story

The Insured is not to be prejudiced by the presence of the negligence clause and/or latent defect clause in the Bills of Lading and/or Charter Party.  The seaworthiness of the vessel as between the Insured and the Insurer(s) is hereby admitted and the wrongful act or misconduct of the ship owner or his servants causing a loss is not to defeat the recovery ... Full story

In respect of goods purchased by the Assured on CIF or similar terms where the Seller is responsible for effecting insurance on conditions no more restrictive than ICC (A), this insurance is to indemnify the Assured in respect and to the extent of claims which they fail to recover from the insurance effected by the Seller. This insurance applies only to ... Full story

Notwithstanding anything contained herein to the contrary, the Insured shall additionally mean any welfare, social and/or sporting club, fire and ambulance service and first aid together with their office bearers and/or members, formed with the knowledge and consent of the Insured. Full story

Notwithstanding anything in this policy to the contrary, it is hereby understood and agreed that, in the event of the premium not having been paid by the Assured at the inception of the risk, or in case of installments, on the due date, PT. Willis Indonesia / Willis Limited, (hereinafter called the Brokers) are hereby authorized by the Assured to cancel ... Full story

It is hereby noted and agreed that the Policy extend to cover the Liability arising from the blasting activities related to the Insured project under this policy. Subject otherwise to terms, conditions and exceptions of the policy.   Full story

In case of damage to property bearing a brand or the sale of which in any way carries or implies a guarantee of the supplier or Assured, the salvage value of such damaged property shall be determined after removal of all brands and any trade marks (on containers on which brand cannot be removed, contents to be transferred to plain bulk ... Full story

Any breach of the within warranties without knowledge or consent of the Insured shall not prejudice this insurance provided notice in writing be given to the Company immediately upon such breach coming to their knowledge.   Full story

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 avoid the section only in respect of all the risks to which that breach applied and does not affect the section in respect of the other risks. Full story

It is agreed that this Insurance exclude loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with the actual or threatened malicious use of pathogenic or poisonous biological or chemical materials regardless of any other cause or event contributing concurrently or in any other sequence thereto. Full story

It is hereby noted and agreed that as from the effective date, the equipment insured under this Policy has been pledged with the following company : Bank Mandiri (Persero) Plaza Mandiri Jl. Gatot Subroto Kav. 36-38 Jakarta 12190 As a ... Full story

Any particulars or details contained in the Insured’s books of account or other business books or documents which may be required by the Insurer (s) for the purpose of investigating or verifying any claim hereunder may be produced and certified by the Insured’s auditors and their certified shall be prima facie evidence of the particulars and details to which such certificates ... Full story

In the event of loss or destruction or damage by any peril not excluded hereby to property hereunder, a salvage of branded goods and/or merchandise, the Insured’s own or held by them in trust or on commission and / or goods but not delivered, shall not be disposed or by sale without the consent of the Insured. If ... Full story

It is hereby noted and agreed that in case of loss destruction or damage to part of pair or set, the Insurer will pay the full amount of the pair or set provided the Insured agree to surrender the remaining article or articles of the pair or set to the Insurer. Full story

The insurance under the policy shall subject to the special conditions hereinafter contained, extend to include : Loss or damage to the property  insured, directly caused by bursting or overflowing  of water tanks, apparatus or  pipes but, excluding : Destruction or damage, caused by flood, subsidence or landslide Property in ... Full story

Breach of any warranty or warranties contained herein shall not prejudice this insurance but notice in writing shall be given to the Insurer (s) upon the same coming to the knowledge of the Insured’s Insurance officer and such additional premium as may be required by the rules and practice of the Insurer(s) be paid as from the day of the first ... Full story

If branded or labeled merchandise covered by this Policy is damaged, and the Insurer elects to take all or any of such merchandise at the agreed or appraised  value, the Insured may, at his own expense, stamp “salvage” on the merchandise or  its containers or may  remove the brands or labels, if such stamp or removal  of brand or label will ... Full story

The Insurers will Indemnify the Insured following an Event Insured by this policy during the Period of Insurance to the records of the accounts receivable kept at the Premises in respect of : All sums due to the Insured from customers, provided the Insured is unable to effect collections thereof as the direct result of such Insured ... Full story

It is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with the actual or threatened malicious use of pathogenic or poisonous biological or chemical materials regardless of any other cause or event contributing concurrently or in any other sequence thereto. Full story

This insurance is Extended to cover direct loss or damage due to Burglary or Theft accompanied by Actual Violent and Forcible Breaking into or out of the building or attempted violent and forcible breaking, BUT NOT theft: by tenant, family member of the Insured, employees; where the premises are left without an inhabitant for more than 30 consecutive days; of property whilst permanently contained in ... Full story

In the event of loss or destruction or damage by any peril not excluded hereby to property hereunder, and salvage of branded goods and/or merchandise, the Insured’s own or held by them in trust or on commission, and/or goods sold but not delivered, shall not be disposed or by sale without the consent of the Insured. If such ... Full story

It is a condition precedent to the Insurers liability under this policy that the burglary alarm system installed at the Insured Premises shall be maintained in efficient working order and shall be inspected by qualified Electrical engineers at frequent and regular intervals. Further such alarm system, apart from those devices designed to prevent armed ... Full story

The insurance under the Policy shall subject to the Special Condition herein-after contained, extend to include : Loss or damage to the property insured directly caused by Bursting or overflowing of water tanks, apparatus or pipes but excluding : Destruction or damage caused by Flood, Subsidence or Landslip Property in the open ... Full story

It is noted and agreed that the following properties insured under this Policy have been mortgaged with : and that in consequence thereof, it has been agreed with the said mortgagee and the insured, that in case of loss, if any payable under this policy any payment up to the amount to which the said mortgagee is entitled ... Full story

Explosion in this Policy is deemed to mean any sudden release of energy resulting from the expansion of gases or vapour. The bursting of a container (boiler, pipe etc.) is considered as an explosion if the walls of the container are torn open to such extent that a sudden equilibrium of the pressure inside and outside the container takes place. If an explosion occurs inside a container ... Full story

It is hereby understood and agreed, subject to the exceptions and conditions contained herein and of any endorsements hereon, notwithstanding what has been stated to the contrary, that: The Insurer will not indemnify the Insured in respect of loss of or damage to the Property Insured or liability directly or indirectly arising from any cause whatsoever occurring or ... Full story

Polis ini juga memberikan santunan biaya pemakaman Tertanggung akibat dari Kecelakaan yang dijamin dalam Polis ini sebesar 5% dari Harga Pertanggungan atau maksimum IDR5,000,000 jumlah mana yang lebih kecil Full story

Polis ini juga memberikan penggantian biaya ambulance untuk transportasi Tertanggung ke atau dari rumah sakit akibat dari Kecelakaan yang dijamin dalam Polis ini sebesar 5% dari Harga Pertanggungan atau maksimum IDR5,000,000 jumlah mana yang lebih kecil Full story

Polis ini juga memberikan penggantian biaya pengurusan Sertifikat Kematian Tertanggung akibat dari Kecelakaan yang dijamin dalam Polis ini maksimum sebesar IDR1,000,000 Full story

It is hereby declared and agreed that in consideration of the agreement to issue this Policy for a period longer than twelve (12) months subject to premium payable in accordance to the premium payment condition, the Insurers reserve the rights to review and amend the terms and conditions at each twelve (12) months anniversary date.  The Insurers and ... Full story

If branded or labelled merchandise covered by this Policy is damaged, and the Insurer elects to take all or any of such merchandise at the agreed or appraised value, the Insured may, at his own expense, stamp “salvage” on the merchandise or its containers or may remove the brands or labels, if such stamp or removal of brand or  label will ... Full story

It is noted and agreed that the property insured by this Policy has been mortgaged with bank ……………. and that in consequence there of, it has been agreed with the said mortgagee and the Insured, that in case of loss, if any, payable under this Policy any payment up to the amount to which the said mortgagee is entitled for principal, ... Full story

Any particulars or details contained in the Insured’s books of account or other business books or documents which may be required by the Insurer (s) for the purpose of investigating or verifying any claim hereunder may be produced and certified by the Insured’s auditors and their certified shall be prima facie evidence of the particulars and details to which such certificates ... Full story

This Policy does not cover liability in respect of Personal Injury or Property Damage caused directly or indirectly by blasting or the storage, handling, transport or use of explosives Full story

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 bridges Full story

It is agreed and understood that subject to the Insured having paid the agreed additional premium, this Policy shall be extended to cover the Insured's liability for claims made against the Insured for accidental bodily injury of and/ or property damage to any third party occurring at the premises resulting from the alterations, structural repairs, decorations and the like operations of ... Full story

Any breach of the within warranties without knowledge or consent of the Insured shall not prejudice this insurance provided notice in writing be given to the Company immediately upon such breach coming to their knowledge. Full story

Pencantuman klausul Non-Invalidation Clause, Breach of Warranty Clause telah membawa implikasi serius atas klaim pada suatu polis Warranty: - apa yang dimaksud dengan Warranty? MIA 1906: Nature of warranty (1)A warranty, in the following sections relating to warranties, means a promissory warranty, that is to say, a ... Full story

BURST OF PIPE ENDORSEMENT (COMBINED WITH BURSTING OR OVERFLOWING OF THE WATER TANKS CLAUSE) Full story

BRAND AND LABEL CLAUSE If branded or labelled merchandise covered by this Policy is damaged, and the Insurer elects to take all or any of such merchandise at the agreed Full story

BANKERS CLAUSE It is noted and agreed that the property insured by this Policy has been mortgaged with bank ……………. and that in consequence thereof, Full story