This Section will indemnify the Insured against all Sums which the Insured shall become legally liable to pay as damages in respect of:
(1) Accidental bodily injury to any person happening in connection with the Business and occurring within the Territorial Limits during the Period of Insurance
(1) Accidental bodily injury to any person happening in connection with the Business and occurring within the Territorial Limits during the Period of Insurance
(2) Accidental loss of or damage to material property
In respect of a claim for damages to which the indemnity expressed in this Policy applies the Company will also indemnify the Insured against.
a) all costs and expenses of litigation recovered by any claimant from the Insured within the Republic of Indonesia.
In respect of a claim for damages to which the indemnity expressed in this Policy applies the Company will also indemnify the Insured against.
a) all costs and expenses of litigation recovered by any claimant from the Insured within the Republic of Indonesia.
b) all costs and expenses of litigation Incurred with the written consent of the Company within the republic of Indonesia.
c) the solicitor’s fee for representation at any coroner’s inquest or fatal enquiry or in any court of summary jurisdiction within the Republic of Indonesia.
In the event of the death of Insured the Company will in respect of the liability incurred by the Insured indemnify the Insured’s personal representatives in the term of and subject to the limitations of this Policy provided that such personal representatives shall as though they were the Insured observe fulfill and be subject to the terms exceptions and conditions of the Policy so far as they can apply.
EXCEPTIONS
This Policy does not cover..
(i) liability in respect of injury to any persons under a contract of service or apprenticeship with the Insured where the injury arises out of and in the courses of such person employment or service with the Insured.
(ii) damage which the insured intended or expected or reasonably could have expected.
(iii) Any obligation of the insured intended under a worker’s compensation, disability benefits or unemployment compensation law or any similar law.
(iv) liability in respect of loss of or damage to property.
(a) (1) belonging to the Insured
(2) in the charge or under the control of the Insured but this Exception shall not apply to property belonging to any servant of the Insured.
(b) caused by or through or in connection with the bursting of any economies used in conjunction with a steam boiler or any boiler vessel or other apparatus which is intended to operate under internal pressure due to steam and belonging to or in the charge or under the control of the Insured.
(v) liability in respect of injury loss or damage caused by through or in connection with
(a) any passenger lift passenger elevator or passenger escalator owned by or in the possession of the Insured. This Exception shall not apply in respect of the occasional carriage of passengers on any goods lift goods elevator or goods escalator.
(b) the ownership or possession or use by or on behalf of the Insured of
(1) any vehicle (or machine) which is capable of self-propulsion or attached to a self-propelled vehicle and is licensed for road us
(2) any vehicle (or machine) which is Insured for the benefit of the Insured under any form of Motor Insurance Policy or
(3) any vessel or craft not specified in the Schedule under the heading of Plant.
(c) remedial or professional or other advice or treatment ( other than medical first aid treatment ) given or administered or omitted by the Insured.
(d) any goods or any container thereof sold or supplied or repaired or renovated or let on hire or handled by the Insured and no longer in the Insured’s possess or control.
(e) the ownership or tenure by the Insured of any land or building not specified in the Schedule under the heading of the Premises.
(vi) liability assumed by the Insured by agreement unless such liability would have attached to the Insured not with standing such agreement.
(vii) the handling, treatment, use or possession of asbestos and/or formaldehyde containing material.
(viii) this policy excludes claims arising from any condition directly or indirectly caused by or associated with Human T-Cell Lymphatropic Virus type III (HTLV III) or Lymphadenopathy Associated Virus (LAV) or the mutants derivates or variation thereof or in any way related to Acquired Immune Deficiency Syndrome or any syndrome or condition of similar kind howsoever it maybe named.
(ix) any legal liability of what so ever nature directly caused by or contributed to by or arising from
(a) ionizing radiations or contamination by radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel
(b) the radio activity toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof
(x) liability for any consequence of war invasion act of foreign enemy hostilities (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power, riots, strike, lockout, civil commotion.
(xi) (vii) liability for :
(1) Personal Injury or Bodily Injury or loss of, damage to, or loss of use of property directly or indirectly by seepage, pollution or contamination, provided always that this paragraph (1) shall not apply to liability for Personal Injury or Bodily Injury or loss of physical damage to or construction of tangible property, or loss of use of such property damage or destroyed, where such seepage, pollution or contamination is caused by a sudden, unintended and unexpected happening during the period of this Insurance.
(2) The cost of removing, nullifying or cleaning up seeping, pollution or contamination substances unless the seepage, pollution or contamination is caused by sudden, unintended and unexpected happening during the period of this insurance.
(xii) Fines, penalties, punitive or exemplary damages or any other damages resulting from the multiplication of compensatory damages.
This Clause shall not extend this Agreement to cover any liability which would not have been covered under this Agreement had this Clause not been attached.
(xiii) This insurance does not apply to personal injury :
(1) arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity.
(2) arising out of oral or written, publication of material, whose first publication took place before the beginning of the policy period.
(3) arising out the willful violation of a penal statute or ordinance committed by or with the consent of the insured.
(4) for which the insured has assumed liability in contract or agreement. This exclusion (4) does not apply to liability for damages that the insured would have in absence of the contract or agreement.
(xiv) The insurance does not indemnify the Insured in respect of :
(a) loss of or damage to any property or land or building caused by vibration or by the removal or weakening of support.
(b) Injury to or illness of any person or loss of or damage to property occasional by or resulting from any such loss or damage aforesaid.
In these Exceptions the expression “vessel or craft” shall include any vessel craft or thing made intended to float on or in or travel on or through water or air.
SPECIAL CONDITIONS
1. Indonesian Jurisdiction Clause:
It is understood and agreed that the insurers will be under no liability in respect of
(i) Compensation for injury loss or damage in respect of judgments delivered or obtained other wise than through a Court or 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 defense of any claim outside the Republic of Indonesia.
2 Cross Liability Clause
It is agreed and understood that subject other wise to the terms, exclusions, provisions and condition contained here in 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 Insurers 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 could have been insured under Workmen’s Compensation and/or Employers’ Liability insurance.
3. 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 Principal (named in the Schedule hereto) and the Company will indemnify the Principal within the terms of this Policy for any claim resulting from injury, illness, loss or damage(as here in 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 Company may be liable by virtue of this indemnity to be vested in the Company
(b) the Principal shall observe fulfill 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.
4. Waiver of subrogation :
It is agreed and understood that other wise subject to the terms, exclusions, provisions and conditions contained in the Policy thereon the rights of subrogation against the Insured are waived. Further permission is expressly granted to the Principal Insurer’s rights of subrogation against any individual, film or corporation who or which is under contract or other wise performing work or rendering services, provided always such waiver is executed in writing prior to any one occurrence giving rise to claims for reimbursement here under and the loss or damage subject to said waiver arises out of or in connection with such work.
In the event of the death of Insured the Company will in respect of the liability incurred by the Insured indemnify the Insured’s personal representatives in the term of and subject to the limitations of this Policy provided that such personal representatives shall as though they were the Insured observe fulfill and be subject to the terms exceptions and conditions of the Policy so far as they can apply.
EXCEPTIONS
This Policy does not cover..
(i) liability in respect of injury to any persons under a contract of service or apprenticeship with the Insured where the injury arises out of and in the courses of such person employment or service with the Insured.
(ii) damage which the insured intended or expected or reasonably could have expected.
(iii) Any obligation of the insured intended under a worker’s compensation, disability benefits or unemployment compensation law or any similar law.
(iv) liability in respect of loss of or damage to property.
(a) (1) belonging to the Insured
(2) in the charge or under the control of the Insured but this Exception shall not apply to property belonging to any servant of the Insured.
(b) caused by or through or in connection with the bursting of any economies used in conjunction with a steam boiler or any boiler vessel or other apparatus which is intended to operate under internal pressure due to steam and belonging to or in the charge or under the control of the Insured.
(v) liability in respect of injury loss or damage caused by through or in connection with
(a) any passenger lift passenger elevator or passenger escalator owned by or in the possession of the Insured. This Exception shall not apply in respect of the occasional carriage of passengers on any goods lift goods elevator or goods escalator.
(b) the ownership or possession or use by or on behalf of the Insured of
(1) any vehicle (or machine) which is capable of self-propulsion or attached to a self-propelled vehicle and is licensed for road us
(2) any vehicle (or machine) which is Insured for the benefit of the Insured under any form of Motor Insurance Policy or
(3) any vessel or craft not specified in the Schedule under the heading of Plant.
(c) remedial or professional or other advice or treatment ( other than medical first aid treatment ) given or administered or omitted by the Insured.
(d) any goods or any container thereof sold or supplied or repaired or renovated or let on hire or handled by the Insured and no longer in the Insured’s possess or control.
(e) the ownership or tenure by the Insured of any land or building not specified in the Schedule under the heading of the Premises.
(vi) liability assumed by the Insured by agreement unless such liability would have attached to the Insured not with standing such agreement.
(vii) the handling, treatment, use or possession of asbestos and/or formaldehyde containing material.
(viii) this policy excludes claims arising from any condition directly or indirectly caused by or associated with Human T-Cell Lymphatropic Virus type III (HTLV III) or Lymphadenopathy Associated Virus (LAV) or the mutants derivates or variation thereof or in any way related to Acquired Immune Deficiency Syndrome or any syndrome or condition of similar kind howsoever it maybe named.
(ix) any legal liability of what so ever nature directly caused by or contributed to by or arising from
(a) ionizing radiations or contamination by radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel
(b) the radio activity toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof
(x) liability for any consequence of war invasion act of foreign enemy hostilities (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power, riots, strike, lockout, civil commotion.
(xi) (vii) liability for :
(1) Personal Injury or Bodily Injury or loss of, damage to, or loss of use of property directly or indirectly by seepage, pollution or contamination, provided always that this paragraph (1) shall not apply to liability for Personal Injury or Bodily Injury or loss of physical damage to or construction of tangible property, or loss of use of such property damage or destroyed, where such seepage, pollution or contamination is caused by a sudden, unintended and unexpected happening during the period of this Insurance.
(2) The cost of removing, nullifying or cleaning up seeping, pollution or contamination substances unless the seepage, pollution or contamination is caused by sudden, unintended and unexpected happening during the period of this insurance.
(xii) Fines, penalties, punitive or exemplary damages or any other damages resulting from the multiplication of compensatory damages.
This Clause shall not extend this Agreement to cover any liability which would not have been covered under this Agreement had this Clause not been attached.
(xiii) This insurance does not apply to personal injury :
(1) arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity.
(2) arising out of oral or written, publication of material, whose first publication took place before the beginning of the policy period.
(3) arising out the willful violation of a penal statute or ordinance committed by or with the consent of the insured.
(4) for which the insured has assumed liability in contract or agreement. This exclusion (4) does not apply to liability for damages that the insured would have in absence of the contract or agreement.
(xiv) The insurance does not indemnify the Insured in respect of :
(a) loss of or damage to any property or land or building caused by vibration or by the removal or weakening of support.
(b) Injury to or illness of any person or loss of or damage to property occasional by or resulting from any such loss or damage aforesaid.
In these Exceptions the expression “vessel or craft” shall include any vessel craft or thing made intended to float on or in or travel on or through water or air.
SPECIAL CONDITIONS
1. Indonesian Jurisdiction Clause:
It is understood and agreed that the insurers will be under no liability in respect of
(i) Compensation for injury loss or damage in respect of judgments delivered or obtained other wise than through a Court or 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 defense of any claim outside the Republic of Indonesia.
2 Cross Liability Clause
It is agreed and understood that subject other wise to the terms, exclusions, provisions and condition contained here in 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 Insurers 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 could have been insured under Workmen’s Compensation and/or Employers’ Liability insurance.
3. 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 Principal (named in the Schedule hereto) and the Company will indemnify the Principal within the terms of this Policy for any claim resulting from injury, illness, loss or damage(as here in 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 Company may be liable by virtue of this indemnity to be vested in the Company
(b) the Principal shall observe fulfill 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.
4. Waiver of subrogation :
It is agreed and understood that other wise subject to the terms, exclusions, provisions and conditions contained in the Policy thereon the rights of subrogation against the Insured are waived. Further permission is expressly granted to the Principal Insurer’s rights of subrogation against any individual, film or corporation who or which is under contract or other wise performing work or rendering services, provided always such waiver is executed in writing prior to any one occurrence giving rise to claims for reimbursement here under and the loss or damage subject to said waiver arises out of or in connection with such work.
SECTION II
EMPLOYERS LIABILITY
This Section will indemnify the Insured against legal liability for damages (including claimants costs and expenses) in respect of bodily injury of disease sustained by any person under a contract or device or apprenticeship with the Insured, arising out of and in the course of employment by the Insured in connection with the business and occurring within the Republic of Indonesia.
The Indemnity provided by Section II is only in respect of claims which are first made writing against the Insured during the period of this policy and which results from an accident which first commences after the inception date of this policy.
Provided always that the liability of the Insurer shall not exceed the limit of liability stated in the policy schedule.
IN ADDITION,
i. Insurers will also pay any legal expenses incurred with their consent for,
(c) representation at any Coroner’s Inquest or Fatal Accident inquiring the Republic of Indonesia.
(d) defending in any Court of Summary jurisdiction in the Republic of Indonesia any proceeding in respect of any act or omission causing or relating to any event which may be the subject of indemnity under this Insurance.
ii. This indemnity extends to include liability
1. assumed under contract or agreement by the Insured and/or any Principal of the Insured but only so far as concerns liability as defined in this Insurance to an employee of this Insured.
2. to any person arising out of and in the course of his employment or participation in the performance of a contract with the Insured, the primary purpose of which is the provision of labor only.
3. of Directors and/or Officials of the Insured to employees of the Insured in the temporary service of such Directors and/or Official in their private capacity.
PROVIDED ALWAYS that these extensions shall not apply to liability which is covered under any other existing Insurance.
EXCLUSIONS
1. The Indemnity provided by this Section II shall not apply to, not include any liability of the Insured, for any claim.
(a) Directly or indirectly occasioned by happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not) civil war, rebellion, revolution civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition.
(b) directly or indirectly caused by contributed to, or arising from ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste.
2. It is understood and agreed that the Insurers will be under no liability in respect of
(i) Compensation for injury loss or damage in respect of judgments delivered or obtained other wise than through a Court of competent jurisdiction within the Republic of Indonesia.
(ii) Costs and expenses of litigation recovered by any claimant from the Insured which are not incurred and recoverable in the Republic of Indonesia.
(iii) Costs and expense incurred by the Insured in the defense of any claim outside the Republic of Indonesia.
SECTION III
WORKMENTS COMPENSATION INSURANCE
If at any time during the Period of Insurance any employee in the Insured’s immediate service shall sustain personal injury by accident arising out of and in the course of his employment by the Insured in the Business and if the Insured shall be liable to pay compensation for such injury under the laws set out in the specification, then subject to the terms exception and conditions contained here in or endorsed here on the Company will indemnity the Insured against all sums for which the Insured shall be so liable but this Policy shall only pay one lump sum cash benefit as provided for in the Laws referred to in the specification as above. The Company shall in addition to the foregoing be responsible for all costs and expenses incurred with its consents in defending any claim for such compensation.
PROVIDED ALWAYS that in the event of any change in the Laws or the substitution of other legislation there for this Policy shall remain in force but unless other wise endorsed here on the liability of the Company shall be limited to such sum as the Company would have been liable to pay if the Laws had remained unaltered.
EXCEPTION
The Company shall not be liable under this Policy in respect of :
(a) Any injury by accident directly attributable to war, invasion act of foreign enemy, hostilities (whether war be declared or not), civil war, mutiny, insurrection, rebellion, revolution, military or usurped power, strikes, lock-outs, labor disturbances, riots, civil commotions, act of sabotage or terror, malicious or political acts, acts of revenge, acts in contravention of any act during the proper or improper execution of any measure or order of any Indonesia of foreign military, civil, judicial, police or political authority or body, such measures or orders having been taken in connection with one of the abovementioned circumstances or in connection with any danger arising from their occurrence, atomic or nuclear fission and/or fusion or other like reaction or radio-active force or matter;
(b) Any liability of the Insured which attaches by virtue of an agreement but which would not have attached in the absence of such agreement;
(c) Any sum which the Insured would have been entitled to recover from any party but for an agreement between the Insured and such party;
(d) Any disease as referred to in Article 1 paragraph 2 of the Law referred to here in after;
(e) Any temporary disablement during a period of up to 3 days subsequent to the accident;
(f) Costs of transportation and medical expenses as referred to in Article 10 of the law referred to here in after;
(g) Accidents occurring during travel by air other than as a passenger on a regular airline;
(h) Any employee who is not a “Workman” within the meaning of the law referred to here in after;
DEFINITIONS
1. Wages
For the purpose of premium computation under this Policy, wages is defined as total remuneration to employees including but not limited to basis salary, meals and/or food stuffs, room and board and/or accommodation, offshore allowances, overtime and other income where ever applicable.
2. Accident
An accident for the purpose of this policy is a work related injury, illness or death to an employee.
CONDITIONS
1. This Policy specification and Schedule shall be read together as one contract and any word or expression to which a specific meaning has been attached in any party of this Policy or of the specification or Schedule shall bear such specific meaning where ever it may appear.
2. Every notice or communication to be given or made by the Insured under this Policy shall be delivered in writing to the Company. The Insured shall advise the Company of any change in hiss address and the Insured may not rely on the defense of not having received communications which have sent to the most recent address given by him.
3. The Insured shall take reasonable precautions to prevent accidents and shall comply with all statutory obligations.
4. In the event of any occurrence which may given rise to a claim under this Policy the Insured shall as soon as possible give notice there of to the Company with full particulars. Every letter claim writing summons and process shall be notified or forwarded to the Company immediately on receipt. Notice shall also be given to the Company immediately the Insured shall have knowledge of any impending prosecution inquest or fatal enquiry in connection with any such occurrence as a for said.
5. No admission offer promise or payment shall be made by or on behalf of the Insured without the consent of the Company which shall be entitled if it so desires to take over and the defense or settlement of any claim or to prosecute in his name for its own benefit any claim for indemnity or damages or other wise and shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such information and assistance as the Company may require.
6. The first premium and all renewal premiums that may be accepted are to be regulated by the amount of wages and salaries and other earnings paid by the Insured to employees during each Period of Insurance. The name every employee together with the amount of wages salary and other earnings shall be properly recorded and the Insured shall at all times allow the Company to inspect such records and shall supply the Company with a correct amount of all such wages salaries and other earnings paid during any Period of Insurance within one month from the Expiry date of such Period of Insurance. If the amount so paid shall differ from the amount on which premium has been paid the difference in premium shall be met by a further proportionate payment to the Company or by refund by the Company as the case may be. If the Insured fails to supply the Company with such information as hereby provided within the prescribed period then the Company shall be entitled to 50% additional premium to be paid by the Insured for with upon demand.
7. The period of validity of this Insurance shall be interrupted as soon as the Insured refuses or fails to pay any premium without the Company being required to prove default and without prejudice to the obligation of this Insured to pay the premium overdue and becoming due. The Insured shall be deemed to be in default if he has not paid the premium within fifteen day after the Company accepted the premium. The Company may cancel this Policy by sending seven days notice by registered letter to the Insured at his last know address and in such event the premium shall be adjusted in accordance with condition 6.
8. All differences arising out of this Policy shall 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 Arbitrators one up appointed in writing by each of the parties within one calendar month after having been required in writing so to do by either of the parties or in case the Arbitrators do not agree of an Umpire appointed in writing by the Arbitrators before entering upon reference.
The Umpire shall sit with the Arbitrators and preside at their meetings and their making of an Award shall be a conditions precedent to any right of action against the Company. If the Company shall disclaim liability to the Insured for any claim here under and such claim shall not within twelve calendar months from the date of such disclaimer have been referred to arbitration under the provisions here in contained then the claim shall for all purposes be deemed to have been abandoned and shall not there after be recoverable here under.
9. Any claim shall be forfeited an actions for its recovery has not been brought before the arbitration Committee according to Condition 8 within ninety days after the day when the Company repudiated it wholly or in part. All moneys not claimed by the right full parties within one year after these moneys became due shall revert to the Company.
SPECIAL EXCLUSION
The Policy does not insure against death injury loss damage caused by or arising from diving activity.
SECTION IV
AUTOMOBILE LIABILITY INSURANCE
COVERAGE A – BODILY INJURY LIABILITY
COVERAGE B – PROPERTY DAMAGE LIABILITY
The Company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of
a. bodily injury or
b. property damage
to which this insurance applies, caused by an occurrence and arising out the township maintenance or use, including loading, of any automobile, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and many make such investigation and settlement of any claim or suit as if deems expedient, but the Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company’s liability has been exhausted by payment of judgments or settlements.
Exclusions
This insurance does not apply :
(a) to liability assumed by this insured under any contract or agreement ;
(b) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen’s compensation or disability benefits law, or under any similar law ;
(c) to bodily injury to any employee of the insured arising out of and in the course of this employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to any such injury arising out of and in the course of domestic employment by the insured unless benefits there for are in whole or in part either payable enquired to be provided under any workmen’s compensation law;
(d) to property damage to:
(1) property owned or being transported by the insured, or
(2) property rented to or in the case, custody or control of the insured, or to which the insured is for any purposes exercising physical control, other that property damage to a residence or private garage passenger automobile covered by this insurance;
(e) to bodily injury or property damage due to war, whether or not declared, civil war insurrections, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to expenses for first aid under the Supplementary Payments provisions;
(f) to bodily injury or property damage arising out of the discharge, dispersal, release, or escape of smoke, vapors, soot, lumes, acids, alkalis, toxic chemical, liquids or gases, waste materials or other imitates, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water, but this execution does not apply if such discharge, dispersal, release or escape is sudden and accidental.
PERSONS INSURED
Each of the following is an insured under this insurance to the extent set forth below :
(a) the named insured;
(b) any partner or executive officer there of, but with respect to a non-owned automobile only while such automobile is being used in the business of the named insured;
(c) any other person while using an owned automobile or a hired automobile with the permission of the named the insured, provided his actual operation or (if he is not operating) his other actual use there of is within the scope of such permission, but with respect to bodily injury or property damage arising out of the loading or unloading there of, such other person shall be an insured only if he is :
(1) a lessee or borrower of the automobile, or
(2) an employee of the named insured or of such lessee or borrower ;
(d) any other person or organization but only with respect to his or its liability because of acts or omissions of an insured under (a), (b), (c) above.
None of the following is an insured :
(i) any person while engaged in the business of his employer with respect to bodily Injury to any fellow employee of such person injured in there course or his employment;
(ii) the owner or lessee (of whom the named insured is a sub-lessee) of a hired automobile or any agent or employee of any such owner or lessee;
(iii) and executive offer with respect to an automobile owned by him or by a member of his house hold;
(iv) any person or organization, other than the named insured, with respect to :
(1) a motor vehicle while used with any trailer owned or hired by such person or organization and not covered by like insurance in the company (expect a trailer designed for use with a private passenger automobile and not being used for business purposes with another type motor vehicle), or
(3) a trailer while used with any motor vehicle owned or hired by such person or organization and not covered by like insurance in the company;
(v) any person while employed in or other wise engaged in duties in connection with an automobile business, other than an automobile business operated by named insured.
III. LIMITS OF LIABILITY
Regardless of the number of (1) insured’s under this policy. (2) persons or organizations who sustain bodily injury or property damage. (3) claims made or suits brought on account of bodily injured or property damage or. (4) automobile to which this policy applies, the company’s liability is limited as follows:
Coverage A. The limit or bodily injury liability stated in the schedule as applicable to “each person” is the limit of company’s liability for all damages, including damages for care and loss of services, because of bodily injury sustained by one person as that result as any one occurrence; but subject to the above proportion respecting “each person’. The total liability of the company for all damages, including damages for care and loss for service, because of bodily injury sustained by two or more persons as the result of ant occurrence shall not exceed that limit if bodily injury liability stated in that schedule as applicable to ‘each occurrence”
Coverage B. The total liability of the company for all damages because of all property damages sustained by one or more persons or organization as the result of any one occurrence shall not exceed the limit of property damage stated in the schedule as applicable “each occurrence”
Coverage C and D for the purposes of determining the limit of the company’s liability all bodily injury and property damage arising out continuous or repeated exposure to substantially the same general conditions shall by considered as arising out off one occurrence.
IV. POLICY TERRITORY
This insurance applies only to bodily injury or property damage which occurs within the territory described in paragraph (1) or (2) of the definition of policy territory.
V. ADDITIONAL DEFINITION
When used in reference to this insurance (including endorsement forming a part or the policy) :
“automobile business” : means the business or occupation of selling, repairing, servicing, storing or parking automobiles;
“hired automobile” : means an automobile not owned by the named insured which is used under contract in behalf of, or loaned to, the named insured, provide such automobile is not owned by or registered in the name each (a) a partner or executive officer of the named insured of (b) an employee or agent of the named of insured who is granted as operating allowance of any sort for the use of such automobile;
“non-owned automobile” : means an automobile owned by the named insured;
“private passenger automobile” : means a foul wheel private passenger or station wagon type automobile;
“trailer” : includes semi-trailer but not include mobile equipment.
IV. ADDITIONAL CONDITIONS
A. Excess Insurance-Hired and Owned Automobiles
With respect to a hired automobile, or a non-owned automobile, this insurance shall be excess insurance over valid any collectible insurance available to the insured
B. Out of State Insurance
If under the provisions of the motor vehicle financial responsibility law or the motor vehicle compulsory insurance law or any similar law of ant state or province. A non-resident is required into maintain insurance with respect to the operation or use of a motor vehicle in such state province and such insurances requirements are greater than the insurance provided by the policy. The limit of the company’s liability and kinds of coverage allowed by the policy shall be as set-lot in such law. In lieu of the insurance other wise provided by the policy but only to the extend required by such law and only with respect to the operation or use of motor vehicle in such state or province; provided that the insurance under this provision shall be reduced to the extended that there is other valid and collectible insurance under this or any other motor vehicle insurance policy. In no event shall any person be entitled to receive duplicate payments for the same elements of loss
GENERAL CONDITIONS
APPLICABLE TO ALL SECTIONS OF THIS POLICY
1. The Insured shall given written notice to the Company of any Injury loss or damage or claim proceedings immediately the same shall have come to the knowledge of the Insured or his representative.
2. The Insured shall not without the consent in writing of the Company repudiate liability negotiate or make may admission offer promise or payment in connection with any injury loss or damage or claim the Company shall be entitled if it so desires to take over and conduct in the name of the Insured the defense of any claim or to prosecute in the name of the Insured at its own expense and for its own benefit any claim for indemnity or damages or other wise against any persons and shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such information and assistance as the Company may require.
3. The Company may in the case of any injury loss or damage pay to the Insured the Limit of Indemnity for any one accident (but deducting there from in such case any sums already paid as damages in respect there of) or any lesser sum for which the claim arising there of can be settled and the Company shall there after be under no further liability in respect of such injury loss or damage expect for the payment of costs and expenses of litigation referred to in this Policy and specified in Items (a) and (b) there of incurred prior to the date of the payment of such Limit of Indemnity or such lesser sum
4. If the time of any claim arising under this insurance there shall be any other insurance covering the same risk or any part there of the Company shall not be liable for more than its rate able proportion there of
5. The Insured shall exercise reasonable care in the selection of competent employees and shall take all reasonable precautions to prevent injury loss or damage and shall comply with all statutory obligations.
6. If at any time or from time to time any change shall occur materially varying any of the facts existing at the date of the proposal the Insured shall within seven days give notice in writing to the Company and shall pay such additional premium as the company may required.
7. This Policy may be cancelled at any time by thirty days’ notice by registered letter from the Company to the Insured’s last know address and in the such event the Company will return a prorate portion of the premium (after adjustment in accordance with Condition 6 if necessary) for the un expired part of the Period of Insurance.
8. If the premium for this Policy has been calculated on any estimates furnished by the Insured shall keep an accurate record containing all particulars relative there to and shall at all times allow the Company to inspect such records. The Insured shall within one month from the expiry of each Period of Insurance furnish to the Company such particulars and information as the Company may require. The premium for such period shall there upon be adjusted and the difference paid by or allowed to the Insured as the case may be subject how ever to any minimum premium here on.
9. Where liability as here in defined attaches to any Principal of the Insured the indemnity under this Insurance shall be wholly dependent upon the said Principal being subject to the terms, exclusions and conditions there of.
10. The due observance and fulfillment of the terms conditions and endorsements of this Policy in so far as they relate to anything to be done or complied with by the Insured and the truth of the statements and answers in any proposal shall be conditions precedent to any liability of the Company to make any payment under this Policy.
MEMORANDUM NO I (ONE)
ATTACHING TO AND FORMING PART OF
COMBINED LIABILITY INSURANCE
POLICY NO.
Electronic Date Recognition Clause EDRC (A)
This Insurance does not cover any loss, damage, costs, claim or expense, whether preventative remedial or other wise, directly or indirectly arising out of relating to :
a) the calculation, comparison, differentiation, sequencing or processing of data involving the date change to year 2000, or any other date change including leap year calculations, by any computer system, hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the Insured or not; or
b) any change, alteration, or modification involving the date to year 2000 or any other date change including leap year calculations, to any such computer system hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the Insured or not.
This clause applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss, damage, costs, claim, expense.
(e) to bodily injury or property damage due to war, whether or not declared, civil war insurrections, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to expenses for first aid under the Supplementary Payments provisions;
(f) to bodily injury or property damage arising out of the discharge, dispersal, release, or escape of smoke, vapors, soot, lumes, acids, alkalis, toxic chemical, liquids or gases, waste materials or other imitates, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water, but this execution does not apply if such discharge, dispersal, release or escape is sudden and accidental.
PERSONS INSURED
Each of the following is an insured under this insurance to the extent set forth below :
(a) the named insured;
(b) any partner or executive officer there of, but with respect to a non-owned automobile only while such automobile is being used in the business of the named insured;
(c) any other person while using an owned automobile or a hired automobile with the permission of the named the insured, provided his actual operation or (if he is not operating) his other actual use there of is within the scope of such permission, but with respect to bodily injury or property damage arising out of the loading or unloading there of, such other person shall be an insured only if he is :
(1) a lessee or borrower of the automobile, or
(2) an employee of the named insured or of such lessee or borrower ;
(d) any other person or organization but only with respect to his or its liability because of acts or omissions of an insured under (a), (b), (c) above.
None of the following is an insured :
(i) any person while engaged in the business of his employer with respect to bodily Injury to any fellow employee of such person injured in there course or his employment;
(ii) the owner or lessee (of whom the named insured is a sub-lessee) of a hired automobile or any agent or employee of any such owner or lessee;
(iii) and executive offer with respect to an automobile owned by him or by a member of his house hold;
(iv) any person or organization, other than the named insured, with respect to :
(1) a motor vehicle while used with any trailer owned or hired by such person or organization and not covered by like insurance in the company (expect a trailer designed for use with a private passenger automobile and not being used for business purposes with another type motor vehicle), or
(3) a trailer while used with any motor vehicle owned or hired by such person or organization and not covered by like insurance in the company;
(v) any person while employed in or other wise engaged in duties in connection with an automobile business, other than an automobile business operated by named insured.
III. LIMITS OF LIABILITY
Regardless of the number of (1) insured’s under this policy. (2) persons or organizations who sustain bodily injury or property damage. (3) claims made or suits brought on account of bodily injured or property damage or. (4) automobile to which this policy applies, the company’s liability is limited as follows:
Coverage A. The limit or bodily injury liability stated in the schedule as applicable to “each person” is the limit of company’s liability for all damages, including damages for care and loss of services, because of bodily injury sustained by one person as that result as any one occurrence; but subject to the above proportion respecting “each person’. The total liability of the company for all damages, including damages for care and loss for service, because of bodily injury sustained by two or more persons as the result of ant occurrence shall not exceed that limit if bodily injury liability stated in that schedule as applicable to ‘each occurrence”
Coverage B. The total liability of the company for all damages because of all property damages sustained by one or more persons or organization as the result of any one occurrence shall not exceed the limit of property damage stated in the schedule as applicable “each occurrence”
Coverage C and D for the purposes of determining the limit of the company’s liability all bodily injury and property damage arising out continuous or repeated exposure to substantially the same general conditions shall by considered as arising out off one occurrence.
IV. POLICY TERRITORY
This insurance applies only to bodily injury or property damage which occurs within the territory described in paragraph (1) or (2) of the definition of policy territory.
V. ADDITIONAL DEFINITION
When used in reference to this insurance (including endorsement forming a part or the policy) :
“automobile business” : means the business or occupation of selling, repairing, servicing, storing or parking automobiles;
“hired automobile” : means an automobile not owned by the named insured which is used under contract in behalf of, or loaned to, the named insured, provide such automobile is not owned by or registered in the name each (a) a partner or executive officer of the named insured of (b) an employee or agent of the named of insured who is granted as operating allowance of any sort for the use of such automobile;
“non-owned automobile” : means an automobile owned by the named insured;
“private passenger automobile” : means a foul wheel private passenger or station wagon type automobile;
“trailer” : includes semi-trailer but not include mobile equipment.
IV. ADDITIONAL CONDITIONS
A. Excess Insurance-Hired and Owned Automobiles
With respect to a hired automobile, or a non-owned automobile, this insurance shall be excess insurance over valid any collectible insurance available to the insured
B. Out of State Insurance
If under the provisions of the motor vehicle financial responsibility law or the motor vehicle compulsory insurance law or any similar law of ant state or province. A non-resident is required into maintain insurance with respect to the operation or use of a motor vehicle in such state province and such insurances requirements are greater than the insurance provided by the policy. The limit of the company’s liability and kinds of coverage allowed by the policy shall be as set-lot in such law. In lieu of the insurance other wise provided by the policy but only to the extend required by such law and only with respect to the operation or use of motor vehicle in such state or province; provided that the insurance under this provision shall be reduced to the extended that there is other valid and collectible insurance under this or any other motor vehicle insurance policy. In no event shall any person be entitled to receive duplicate payments for the same elements of loss
GENERAL CONDITIONS
APPLICABLE TO ALL SECTIONS OF THIS POLICY
1. The Insured shall given written notice to the Company of any Injury loss or damage or claim proceedings immediately the same shall have come to the knowledge of the Insured or his representative.
2. The Insured shall not without the consent in writing of the Company repudiate liability negotiate or make may admission offer promise or payment in connection with any injury loss or damage or claim the Company shall be entitled if it so desires to take over and conduct in the name of the Insured the defense of any claim or to prosecute in the name of the Insured at its own expense and for its own benefit any claim for indemnity or damages or other wise against any persons and shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such information and assistance as the Company may require.
3. The Company may in the case of any injury loss or damage pay to the Insured the Limit of Indemnity for any one accident (but deducting there from in such case any sums already paid as damages in respect there of) or any lesser sum for which the claim arising there of can be settled and the Company shall there after be under no further liability in respect of such injury loss or damage expect for the payment of costs and expenses of litigation referred to in this Policy and specified in Items (a) and (b) there of incurred prior to the date of the payment of such Limit of Indemnity or such lesser sum
4. If the time of any claim arising under this insurance there shall be any other insurance covering the same risk or any part there of the Company shall not be liable for more than its rate able proportion there of
5. The Insured shall exercise reasonable care in the selection of competent employees and shall take all reasonable precautions to prevent injury loss or damage and shall comply with all statutory obligations.
6. If at any time or from time to time any change shall occur materially varying any of the facts existing at the date of the proposal the Insured shall within seven days give notice in writing to the Company and shall pay such additional premium as the company may required.
7. This Policy may be cancelled at any time by thirty days’ notice by registered letter from the Company to the Insured’s last know address and in the such event the Company will return a prorate portion of the premium (after adjustment in accordance with Condition 6 if necessary) for the un expired part of the Period of Insurance.
8. If the premium for this Policy has been calculated on any estimates furnished by the Insured shall keep an accurate record containing all particulars relative there to and shall at all times allow the Company to inspect such records. The Insured shall within one month from the expiry of each Period of Insurance furnish to the Company such particulars and information as the Company may require. The premium for such period shall there upon be adjusted and the difference paid by or allowed to the Insured as the case may be subject how ever to any minimum premium here on.
9. Where liability as here in defined attaches to any Principal of the Insured the indemnity under this Insurance shall be wholly dependent upon the said Principal being subject to the terms, exclusions and conditions there of.
10. The due observance and fulfillment of the terms conditions and endorsements of this Policy in so far as they relate to anything to be done or complied with by the Insured and the truth of the statements and answers in any proposal shall be conditions precedent to any liability of the Company to make any payment under this Policy.
MEMORANDUM NO I (ONE)
ATTACHING TO AND FORMING PART OF
COMBINED LIABILITY INSURANCE
POLICY NO.
Electronic Date Recognition Clause EDRC (A)
This Insurance does not cover any loss, damage, costs, claim or expense, whether preventative remedial or other wise, directly or indirectly arising out of relating to :
a) the calculation, comparison, differentiation, sequencing or processing of data involving the date change to year 2000, or any other date change including leap year calculations, by any computer system, hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the Insured or not; or
b) any change, alteration, or modification involving the date to year 2000 or any other date change including leap year calculations, to any such computer system hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the Insured or not.
This clause applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss, damage, costs, claim, expense.