Whereas the Insured designated in the Schedule hereto carrying on the Trade or Business described in the Schedule and no other for the purposes of this indemnity has made to PT. ASURANSI UMUM ...............(hereinafter called “the Company”) a written proposal and declaration which it is hereby agreed shall be the basis of this contract and is deemed to be incorporated herein and has paid or agreed to pay the Premium stated in the Schedule as consideration for the indemnity against the liabilities hereinafter referred to.
Now This Policy Witnesseth that subject to the terms conditions and exceptions contained herein or endorsed or Otherwise expressed hereon the Company will grant the Insured the indemnity expressed in the Schedule in respect of liability arising from accidents occurring during the period of insurance stated in the Schedule or during any futher period for which the Company may accept payment for the renewal of this Policy.
Now This Policy Witnesseth that subject to the terms conditions and exceptions contained herein or endorsed or Otherwise expressed hereon the Company will grant the Insured the indemnity expressed in the Schedule in respect of liability arising from accidents occurring during the period of insurance stated in the Schedule or during any futher period for which the Company may accept payment for the renewal of this Policy.
EXCEPTIONS
Unless otherwise specially stated herein or endorsed hereon the indemnity expressed in this Policy shall not apply to or include :
1. Liability assumed by the insured by agreement unless such liability would have attached to the insured notwithstanding such agreement.
2. Liability in respect of injury to any person who at the time of sustaining such injury is engaged in the service of the insured or acting on behalf of the insured or of any sub-contractor to the insured or for compansation Workmen’s Compensation Legislation.
3. Liability in respect of damage to property :
(a). Belonging to or in the charge or under the control of the insured or of any servant or agent of the insured.
(b). Being that part of any goods or land or building or structure on which the insured or any servent or agent of the insured is or has been working.
4. Liability in respect of injury or damage caused by or in connection with or arising from :
(a). The ownership or possession or use by or on behalf of the insured of any animal, cycle, vehicle, locomotive, vessel of any kind, aircraft, lift, elevator, escalator, crane, hoist, or other lifting machinery not specified in the Schedule under the heading of Plant.
(b). Fire, earthquake, explosion, flood, fumes or water pollution.
(c). Defective sanitary installation or poisoning of any kind of foreign or deleterious matter in food or drink.
5. Liability in respect of or arising from damage to any land or property or building caused by vibration or by the removal or weakining of support.
6. Liability for any consequence whether direct or indirect of war invasion act of foreing enemy hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection or military or usurped power.
5. Liability in respect of or arising from damage to any land or property or building caused by vibration or by the removal or weakining of support.
6. Liability for any consequence whether direct or indirect of war invasion act of foreing enemy hostilities (whether war be declared or not) civil war, rebellion, revolution, insurrection or military or usurped power.
C O N D I T I O N S
1. This Policy with its Provisions, Exceptions, Conditions, Schedule and Endorsement shall be read as one contract and any word or expression to which a specific meaning has been attached in any part thereof shall bear such meaning wherever is may appear.
2. Every notice or communication to be given under this Policy shall be lodged in writing with the Company.
3. The Insured or his legal representatives shall give notice to the company as soon as possible after the occurrence of any accident and/or damage with full particulars thereof. Every letter claim writ summons or process shall be notified or forwarded to the Company immediately on receipt. Notice shall also be given in writing to the Company immediately the insured or his legal personal representatives shall have knowledge of any impending prosecution or inquest in connection with any accident for which there may be liability under this Policy. So far as reasonably practicable no alteration or repair shall without the consent of the Company be made to any buildings, dwellings, works, machinery, fences or plant after any accidents which have occurred in connection therewith until the Company shall have had the opportunity of examining the same.
4. Upon payment of any claim for loss under this policy the property in respect of which the payment is made shall belong to the Company.
5. If at the time of the happening or any loss or damage covered by this Policy the property insured shall be collectively of greater value the total sum insured then the insured shall be consedered as being his own insurer for the difference and shall bear a rateble share of the loss accordingly.
6. If at the time of the happening of any loss or damage covered by this Policy there shall be subsisting any other insurance of any nature whatsoever covering the same, whether effected by the insured or not, then the Company shall not be liable to pay or contribute more than its rateble proportion of any loss or damage.
7. All sums which may from time to time be paid by way of compensation to the insured under this Policy in any one year of insurance shall acoounted in diminuation of the sum insured so that in case of subsequent loss or damage during the same year the total amount payable by the Company shall not in any case exceed the Sum Insured, unless reinstatement of the Sum Insured shall have been arranged.
8. No admission offer promise payment or indemnity shall be made or given by or on behalf of the Insured without written consent of the Company which shall be entitled if is so desires to prosecute in the name of the Insured for its own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the Insured shall give all such information and assistance as the company may require.
9. The due observance and fulfilment of the terms, provisions, conditions by the Insured and the truth of the statements and answers in the Proposal shall be conditions precedent to any Liability of the company to make any payment under this Policy.
10. The Company shall not be bound to send any notice of the Renewal Premium becoming due, nor to renew this Policy, The Company shall at any time by giving notice in writing to the Insured by registered letter posted to the address of the Insured at last known to the Company, be at liberty to determine and cancel the Policy as from the date of such notice provided that the Company shall in that event on demand return to the insured a proportionate part of premium corresponding to the unexpired term of the Policy. If there shall be any mis-statement in or if a material fact be comitted from the proposal for this insurance, this Policy shall be null and void to all intents and any premium paid thereon shall be forfeited.
11. No alteration in the terms of this Policy and no endorsement hereon shall be valid unless signed or initialled by the attorney of the Company or by an authorised official of the Company.
12. All differences arising out of this Policy shall be referred to the arbitration of some person to be appointed by both parties, or if they cannot agree upon a single Arbitrator, to the decision of two Arbitrators, one to be appointed in writing by each party, and in case of disagreement between the Arbitrators, to the decision of an Umpire who shall have been appointed in writing by the Arbitrators before entering on the reference, and an Award shall be a condition precedent to any liability of the Company or any right of action against the Company. If the company shall disclaim liability to the insured for any claim hereunder and such claim shall not within 12 calendar months from the date of such disclaimer have been reffered to arbitration under the propisions herein contained then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder.
GENERAL EXCEPTION
The indemnity by this Policy shall not apply to or include loss, damage or legal liability directly or indirectly caused by or arising out of :
a. War, Invasion, Act of Foreign Enemy, Hostilities (whether war be declared or not), Civil War, Rebellion, Revolution, Insurrection, or Military or Usurped Power.
b. Confiscation Commandeering, Requisition or Destruction by order of the Government de jure or de facto or any Public, Miniciipal or local authority of the country or area in which the property is situated.
c. Nuclear Reaction, Radiation or Radioactive Contamination.
CLAUSES/ENDORSEMENTS ATTACHED TO AND FORMING
PART OF PUBLIC LIABILITY INSURANCE POLICY
1. LIFT ENDORSEMENT
It is hereby declared and agreed that the word ‘LIFT” is deemed to be deleted from Exception 4 (a) of this policy.
PROVIDED ALWAYS that :
(a). The Company shall not be liable for any bodily injury or loss of or damage to property occuring outside the premises specified on the Policy.
(b). The Company shall not be liable for any bodily injury or loss of or damage to property caused by or in connection with or arising from the ownership or possession or use of any lift insofar as such liability is covered by any other insurance.
(c). The liability of the company under this Policy and Endorsement in respect of any bodily injury or loss of or damage to property shall not in any case exceed the limit of indemnity specified in this Policy.
2. UNLICENSED VEHICLE CLAUSE
It is hereby declared and agreed that this Policy extends to indemnify the insured for claims in respect of bodily injury or damages to property arising out of the use of vehicles (not licensed for public road use) in and around the premises for the purpose of property maintenance and repair.
3. FIRE AND EXPLOSION ENDORSEMENT
It is hereby declared and agreed that the words “Fire and Explosion” are deemed to be deleted from Exception 4 (b) of this Policy.
(a). The Company 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 economiser or other vessel machine or apparatus wherein internal pressure is due to steam only.
(b). The liability of the Company under this Policy and Endorsement in respect of bodily injury of loss of or damage to property shall not in any case exceed the limits of liability specified in this Policy.
Subject otherwise to all other terms and conditions of this Policy.
4. TENANTS CLAUSE
It is hereby noted and agreed that notwithstanding anything contained in Exception 1 of the Policy to the contrary this Policy extends to include tenants/or occupiers of the premises as Assureds as though a separate Policy had been issued to each of them in the event of disputes or action arising between them, subject to the terms conditions exceptions and limitations of the Policy.
Provided always that the existence of this clause shall not be made known to tenants/or occupiers or prospective tenants/or occupiers without prior written approval from the Insurers.
5. FOOD POISONING ENDORSEMENT (EXCESS US$. 50.00)
Exception 7 shall not apply to the Insured’s liability as within defined attributable to foreign of deleterious matter in food or drink sold or supplied by the Insured at or from the premises specified in this Policy, provided always that the Company shall not indemnify the Insured for the first US$. 50.00 of each and every occurrence.
6. ADVERTISING SIGNS ENDORSEMENT
It is hereby declared and agreed that this Policy is extended to include liability as within defined from Advertising Signboards displayed at the premises specified in the Schedule of the Policy.
7. FIRST AID ENDORSEMENT
Notwithstanding anything contained herein to the contrary this Policy is extended to indemnify the insured is respect of injury or damages as within described due or alleged to be due to First Aid and other similar treatment made available at any of the insured’s premises provided always that any liability in respect of wrongful diagnosis is expressly excluded. Further the indemnity provided by this Memorandum shall extend to any member of the insured’s staff trained in First Aid or any qualified practitioner provided that such person :
(a). is not entitled to indemnity from any other source,
(b). shall as though he were the insured observe fulfil and be subject to the terms Exceptions and conditions of this Policy so far as they can apply.
Provided always that the liability of the company under this extension of the Policy shall not exceed the sum of US$. 1,000,000.00 in respect of any period of insurance in addition to costs and expenses as within defined and that the insured shall bear the first US$. 50.00 of each and every occurrence.
8. CAR PARK ENDORSEMENT
It is hereby declared and agreed that insurance by this Policy is extended to cover the legal liability of the insured in respect of loss of 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 liable for any such loss or damage insofar as such loss or damage is covered by any other insurance.
Provided always that the liability of the company under this extension of the Policy shall not exceed the sum of US$. 1,000,000.00 in respect of any period of insurance in addition to costs and expenses as within defined and that the insured shall bear the first US$. 50.00 of each and every occurrence.
8. CAR PARK ENDORSEMENT
It is hereby declared and agreed that insurance by this Policy is extended to cover the legal liability of the insured in respect of loss of 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 liable for any 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 in respect of any such loss or damage and under the Policy in respect of any bodily injury or damage to property shall not in any case exceed the limit of indemnity specified in the Policy.
9. CROSS LIABILITY CLAUSE
Each Assured hereunder to be protected as though a separate Policy has been issued to each in the event of disputes or action arising between such Assureds procived always that in providing such cover insurer’s liability in respect of anyone occurrence shall not thereby be increased.
10. JURISDICTION CLAUSE
Notwithstanding anything contained to the contrary it is agreed that the indemnity provided herein shall not apply to :
(a). Compensation for damages in respect of judgements delivered or obtained in the first instance otherwise than by a Court of Competent Jurisdiction within the Republic of Indonesia
9. CROSS LIABILITY CLAUSE
Each Assured hereunder to be protected as though a separate Policy has been issued to each in the event of disputes or action arising between such Assureds procived always that in providing such cover insurer’s liability in respect of anyone occurrence shall not thereby be increased.
10. JURISDICTION CLAUSE
Notwithstanding anything contained to the contrary it is agreed that the indemnity provided herein shall not apply to :
(a). Compensation for damages in respect of judgements delivered or obtained in the first instance otherwise than by a Court of Competent Jurisdiction within the Republic of Indonesia
(b). Cost and expenses of litigation recovered by any claimant from the Insured which are not incurred in and recoverable in the Republic of Indonesia.
Subject otherwise to the terms of the Policy.
11. CASUAL CONTRACTORS CLAUSE (EXCESS OF US$. 50.00)
It is hereby declared and agreed that the insurance by this Policy is extended to cover the insured’s legal liability for injuries, illness, loss or damage caused by any of the insured’s causal contractors and happening in connection with the carrying out of work by them for the insured.
Subject otherwise to the terms of the Policy.
11. CASUAL CONTRACTORS CLAUSE (EXCESS OF US$. 50.00)
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 causal 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 casual contractors are responsible, the Company will at the request of the insured treat these casual contractors as though they were also the insured under this Policy provided that the casual contractors shall observe, fulfil and be subject to the terms, limits, exceptions, provisions and conditions of this Policy insofar as they apply.