Policy Wordings
Policy Wordings
Introduction
Thank you for placing your business with Tokio Marine & Nichido Fire Insurance (the Company).
This policy is a legal contract and it is important that this document is checked to make sure that all the details stated in the Schedule (which are
attached to and form an integral part of the Policy Wording) are correct and reflect the cover requested.
You (the Policyholder) must notify us or your Insurance Advisor as soon as is reasonably practicable:
1 if there is a discrepancy or omission in the insurance provided or if your insurance requirements change
2 of any fact(s) or change(s) that we would take into account in our assessment or acceptance of this insurance as failure to disclose all
relevant facts or changes may invalidate the Policy or result in the Policy not operating fully.
The Policyholder should comply with all procedures stated in the Policy as failure to do so may be a bar to any claim.
Policy Contract
In consideration of the Policyholder having paid or agreed to pay the premium stated in the schedule the Company agrees to indemnify the
Policyholder or otherwise to pay the benefits and compensations stated to the extent and in the manner specified in this policy provided that:
1 the Policyholder shall be subject to all the terms, conditions, limitations and/or exclusions contained in this Policy or by additional
endorsements
2 the Company’s liability shall not exceed the Sums Insured or the Limits of Liability expressed herein
3 the Schedule, General Claims Conditions, General Conditions, General Definitions, General Exclusions, General Protection Maintenance
Conditions and Active Covers shall be read together as part of one contract and any word or expression to which a specific meaning has
been attached shall have that meaning as indicated in the Policy.
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General Claims Conditions
The following General Claims Conditions shall apply to all Sections of the Policy other than where specifically provided elsewhere in the Policy.
Admission of Liability No admission of Liability or negotiation or settlement of any claim shall be made without the Company’s
written consent
Arbitration If any difference shall arise as to the amount to be paid under any Section of this Policy (Liability being
otherwise admitted) such difference shall be referred to an arbitrator to be appointed by the parties in
accordance with the relevant statutory provisions and the making of an award shall be a condition
precedent to any right of action against the Company.
Claims – Rights of the Company The Company shall be entitled whether before or after indemnification of the Policyholder to conduct in the
Policyholder’s name the defence or settlement of any claim or to take action to seek recovery or secure
indemnity from any third party in respect of any claim covered by this policy and shall have full discretion in
the conduct of any such proceedings.
The Policyholder shall allow the Company to access any Premises where Damage has occurred and to take
and keep possession of or to deal with property in any reasonable manner. No property may be abandoned to
the Company.
Discharge of liability The Company may pay to the Policyholder in the event of any one claim or series of claims arising out of
one occurrence the specified Limit of liability or Sum Insured after deducting any sums already paid or
any lesser amount for which the claim(s) can be settled and then be under no further liability in respect of
such claim or series of claims except for the amount of any costs and expenses incurred prior to the date of the
payment
Electronic data processing Where electronic data processing media insured by this Policy suffer Damage then the basis of valuation
media valuation shall be the cost of the blank media plus the costs of copying the electronic data from back up or from
originals of a previous generation. These costs will not include research and engineering nor any costs of
recreating gathering or assembly of such electronic data. If the media is not repaired replaced or restored
the basis of valuation shall be the cost of the blank media.
However this Policy does not cover any amount excluded by the Electronic data exclusion contained in the
General Exclusions of this Policy or any amount pertaining to the value of such electronic data to the
Policyholder or any other party even if such electronic data cannot be recreated gathered or assembled.
Information and assistance All particulars information and assistance as may be reasonably required by the Company must be supplied
by the Policyholder at their own expense.
Mitigation Following Damage immediate action must be taken by the Policyholder to minimise such Damage and
avoid interruption or interference with the Business.
Following notification of a Loss immediate action must be taken by the Policyholder to minimize further
Damage or bodily injury.
Notification to the Company The Policyholder shall in the event of any Damage or bodily injury immediately notify the Company in
writing and where the Company receives notification of any Loss this must be reported in writing as soon as
reasonably possible to the Company.
A detailed statement of any claim must be submitted 3 months of the discovery of any act or acts of
fraud or dishonesty or such further time as the Company may in writing allow
The Policyholder must forward to the Company a claim form and/or any other relevant
correspondence/documents and/or any writ summons or other court or legal document issued against
the Policyholder in consequence of the Loss.
Notification to the Police If theft or attempted theft or Damage by malicious persons (including arson) occurs or is suspected
notice must be given immediately upon discovery to the police and all practical steps taken to recover
property lost or stolen.
Terms of settlement If the Company elects to repair reinstate or replace any property it shall only do so in a reasonably
sufficient manner as circumstances permit and shall not be bound to expend more than the relevant sum
insured.
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General Conditions
The following General Conditions shall apply to all Sections of the Policy other than where specifically provided elsewhere in the Policy.
Adjustment If any part of the premium is shown in the Schedule as being adjustable the Policyholder shall
within one month of the expiry of each Period of Insurance or such further periods as the Company
may allow furnish such details as the Company may require and the premium for such period
shall be adjusted accordingly subject to any minimum premium(s) that may be required.
If any part of the premium is calculated on estimates provided by the Policyholder the Policyholder
shall keep accurate records containing all particulars relating thereto and shall permit the
Company or its representatives to inspect such records at any time.
Applicable law In the absence of any written agreement to the contrary the law applicable to this contract will
be United Arab Emirates law.
Cancellation The Company may cancel this Policy or any Section thereof by giving 30 days' notice by
registered letter to the Policyholder at their last known address in which event the Policyholder at
the discretion of the Company may receive a pro rata return of premium for the unexpired Period of
Insurance.
Changes in facts This Policy shall be avoided with respect to any Item or Section if in regard to which after the
commencement of this insurance
unless the Policyholder immediately they become aware shall give written notice to the Company
and the Company agrees to continue this Insurance. The Policyholder shall pay an additional
premium if required.
Condition precedent to liability Each and every condition applied to this Policy whether as a General or Section Condition shall
apply from the time the Condition attaches and continue to be in force during the whole currency of
this Policy. Failure to comply with any such Condition shall be a bar to any claim.
Fraud All benefit under this Policy shall be forfeited if any claim be in any respect fraudulent or
intentionally exaggerated or if any Damage be occasioned by the wilful act or with the connivance
of the Policyholder.
Non-disclosure This Policy shall be voidable in the event of misrepresentation misdescription or non-disclosure of
any material fact.
Non-invalidation The insurance provided by this Policy shall not be prejudiced by any act or omission unknown to
or beyond the control of the Policyholder whereby the risk of Damage or bodily injury is
increased provided that the Policyholder immediately they become aware shall give notice in
writing to the Company and pay an additional premium if required.
Personal representatives In the event of the Policyholder’s death the Company will pay such sums to the Policyholder’s
personal representatives as would have been payable under this Policy to the Policyholder but for
the death provided that they comply with the terms and Conditions of this Policy in so far as they
apply.
Premium payment warranty It is a condition precedent to liability that the Policyholder undertakes to pay in full to the
Company the premium amount within 60 days of inception of this Policy
If the premium amount has not been paid to the Company within the specified time limits the
Company shall have the right to cancel this Policy by notifying the Policyholder in writing.
It is agreed that the Company shall give no less than 5 days prior notice of cancellation to
the Policyholder.
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General Definitions
The following General Definitions shall apply to this Policy and wherever these words appear within the wording starting with a capital letter shall
have the same meaning throughout the Policy other than where specifically amended
Business As stated in the schedule and no other for the purpose of this Policy.
Company Tokio Marine & Nichido Fire Insurance Company and/or other Insurers as stated in the schedule for their ind
their indicated proportion.
Computer virus a set of corrupting harmful or otherwise unauthorised instructions or code including a set of
maliciously introduced unauthorised or code programmatic or otherwise that propagate themselves
through a computer system or network of whatsoever nature. Computer virus includes but is not
limited to “Trojan horses” “worms” and “time logic bombs”
Damage accidental physical loss or destruction and/or damage
Deductible(s) the first amount (stated in the specifications) of each and every valid claim for which the
Policyholder is responsible
Electronic data facts concepts and information converted to a form useable for communications
interpretation or processing by electronic and electromechanical data processing or electronically
controlled equipment and includes programmes software and other coded instructions for
the processing and manipulation of data or the direction and manipulation of such equipment
Money cash bank and currency notes cheques (other than blank or partly completed cheques) travellers
cheques bankers drafts postal orders money orders current postage and revenue stamps
unexpired units in franking machines trading stamps (whether affixed to cards or otherwise)
holiday with pay stamps gift tokens and bills of exchange luncheon vouchers and travel tickets
travel warrants phone cards credit and charge cards
all belonging to the Policyholder or for which the Policyholder has accepted responsibility.
Period of Insurance The dates stated in the Schedule and shall start from one minute past midnight (00:01am)
and end at midnight (00:00pm)
Policy The wordings schedule and specifications that form this document
Policyholder the person (s) or corporate body named in the Schedule
Premises those premises stated in the Schedule
Schedule/Specification(s) those parts of the Policy that detail information provided to the Company that forms the basis of
this contract showing the coverage and limits selected.
Section(s) the part(s) of the Policy that detail(s) the insurance cover provided.
Terrorism an act including but not limited to the use of force or violence and/or the threat thereof of any person
or group(s) of persons whether acting alone or on behalf of or in connection with any organization(s)
or government(s) committed for political religious ideological or similar purposes including the
intention to influence any government and/or to put the public or any section of the public in fear.
Unoccupied any premises or part of any premises which is empty or not in use by the Policyholder or any tenant
of the Policyholder during normal business hours.
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General Exclusions
The following General Exclusions shall apply to all Sections of the Policy other than where indicated under relevant headings below or where
specifically provided otherwise elsewhere in the Policy.
Date Recognition The Company shall not be liable under this Policy for any
1 claim resulting from Damage directly or indirectly caused by or consisting of or arising
from the failure of any computer or data processing equipment or media or microchip or
integrated circuit or similar device or any computer software whether the property of
the Policyholder or not to
(a) correctly recognise any date as its true calendar date
(b) capture save or retain and/or correctly to manipulate interpret or process any data or
information or command or instruction as a result of treating any date otherwise than as its
true calendar date
(c) capture save or retain and/or correctly to process the data as a result of the operation of
any command which has been programmed into any computer software being a command
which causes the loss of data or the inability to capture save or retain and/or correctly to
process such data on or after any date
but this shall not exclude (other than in respect of liability and/or proceedings as stated above)
claims resulting from subsequent Damage not otherwise excluded which itself results from a
Defined peril as stated in relevant Sections.
Deductible The company shall not be liable for the amounts stated in the relevant Schedule in respect of
each and every claim as ascertained after the application of all other terms and conditions of the
Section including any condition of Average.
The Policyholder shall effect no insurance in respect of any amount specified as a Deductible herein.
Electronic data This Policy does not cover Damage distortion erasure corruption or alteration of Electronic data
from any cause whatsoever (including but not limited to Computer virus) or loss of use reduction
in functionality cost expense of whatsoever nature resulting therefrom regardless of any other
cause or event contributing concurrently or in any other sequence to the claim
Radioactivity: This Policy does not cover Damage to any property whatsoever or any claim or expense resulting
or arising from any consequential loss or from any legal liability directly or indirectly caused by or
contributed to by or arising from
1 ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear
waste from the combustion of nuclear fuel
2 the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly
or nuclear component thereof
Terrorism 1 This Policy does not cover
(a) Damage to property
(b) any business interruption loss
(c) any liability
(d) any bodily injury of whatsoever nature cost or expense resulting from or arising directly
or indirectly from Terrorism.
2 If the Company alleges that by reason of this exclusion any loss damage cost expense or
liability is not covered by this insurance the burden of proving the contrary shall be upon
the Policyholder.
War & kindred risks This Policy does not cover Damage or bodily injury directly or indirectly occasioned by or in
consequence of or arising out of war invasion act of foreign enemy hostilities or warlike operations
(whether war be declared or not) civil war rebellion revolution insurrection or military or usurped
power or nationalisation confiscation requisition seizure or destruction by order of the Government
or any Public Authority except destruction by the order of any Public Authority at the time of and
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for the purpose of preventing the spread of fire or explosion.
2 any work specified on such certificate to ensure that the electrical installation meets
Civil Defense requirements shall be undertaken within 60 days of the issue of
the certificate
3 a copy of each completion and inspection certificate is retained by the Policyholder and
available to the Company at the Company’s request
4 the electrical installation shall be further inspected and tested within the timescale
recommended on the completion and inspection certificate
5 all electrical appliances at the Policyholder’s Premises shall be checked and inspected
by a member of the Civil Defense at least once a year to ascertain their condition and
safety and suitable “Tested for Electrical Safety” notice (bearing the date of such
inspection) attached to all such appliances.
Minimum security standards It is a condition precedent to liability that the Policyholder must ensure that the following
(applicable in respect of theft or malicious minimum security standards shall be provided at the Premises and shall be in full and proper
damage cover only) operation whenever the Premises are left unattended: -
1 all external doors and all internal doors allowing access into shared or common areas of the
building are fitted with: -
(a) a mortice deadlock or a 5 lever or 6 pinned hardened steel close shackle padlock in
conjunction with a matching boxed striking plate or locking bar and staple
(b) two hinge bolts to be installed at the top and bottom of any outward opening door
2 all ground floor level and basement opening windows/ skylights and other opening windows or
skylights accessible from roof deck or balcony areas fire escapes canopies or down pipes are
fitted with key operated window locks unless such windows or skylights are protected by solid
steel bars grilles lockable gates expanded metal or weld-mesh
3 any additional security measures imposed by the Company shall be fitted in accordance with
the Company’s requirements
Any door or window officially designated as a fire exit is exempted from the above requirements.
Reasonable precautions It is a condition precedent to liability that the Policyholder shall take all reasonable precautions to
prevent or reduce all losses under this Policy
The Insured shall take all reasonable care
1 to prevent accidents and any injury or Damage
2 to observe and comply with statutory or local authority laws obligations and requirements
4 to maintain the Premises machinery and equipment and everything used in the Business in
efficient and safe working order
5 to make good or remedy any defect or danger which becomes apparent and take such
additional precautions as the circumstances may require.
Security and alarm requirements definitions Intruder Alarm Installation:
shall mean all the component parts detailed in the alarm specification and include the devices used
to transmit or receive signals
Keyholder:
shall mean the Policyholder or any person or key holding company authorised by the Policyholder
who
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1. is available at all times to
(a) accept notification of faults or alarm signals relating to the Intruder Alarm Installation
2. has been fully trained in the operation of the Intruder Alarm Installation including but not
Responsible Person:
shall mean a person authorised by the Policyholder to be responsible for the security of the
Premises
Security and alarm Requirements It is a condition precedent to liability that the Policyholder or other Responsible Person must
ensure that all security protections in force as required by the Company shall be in full operation
securing the Premises whenever the Premises are left Unoccupied unattended or closed for
Business
and
where the Premises or part of the Premises are protected by an Intruder Alarm Installation that
1 such Intruder Alarm Installation
(a) must not be altered or amended in any way unless such alteration or amendment has been
approved by the Company
(b) must be maintained under contract with the Company approved installers or as otherwise
agreed in writing by the Company
2 all keys to such Intruder Alarm Installation including duplicate keys relative to the
security (and to any safe or strong room within the Premises) must by removed from the
Premises when the Premises are left Unoccupied unattended or closed for Business
4 in the event of
(a) notification of any alarm fault
(c) interruption of the means to transmit or receive signals to or from the Intruder Alarm
Installation
during any period that the Intruder Alarm Installation is set a Keyholder must attend the
Premises as soon as possible
5 the Premises must not be left without at least one Responsible Person in attendance
without the agreement of the Company
(a) unless the Intruder Alarm Installation is set in its entirety and with the means to transmit
or receive signals (including the signalling path or paths) in full and effective operation
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Workmen’s Compensation Insurance
Whereas the Insured carrying on the Business described in the Schedule and no other for the purpose of this
insurance by a proposal and declaration which shall be the basis of this contract and is deemed to be
incorporated herein has applied to the Company for the insurance hereinafter contained and has paid or
agreed to pay the Premium as consideration for such insurance.
Now this Policy Witnesseth that if at any time during the Period of Insurance any employee in the Insured’s
immediate service shall sustain personal injury by accident or disease arising out of and in course of his
employment by the Insured in the Business and if the Insured shall be liable to pay compensation for such
injury
In accordance with both the Federal Labour Law and Clause 5.2.3 and 9.13 of the Free Zone
Rules as applicable
set out in the schedule then subject to the terms, exceptions and conditions contained herein or endorsed
hereon the Company will indemnify the Insured against all sums for which the Insured shall be so liable and
will in addition be responsible for all costs and expenses incurred with its consent in defending any claim for
such compensation.
PROVIDED ALWAYS that in the event of any change in the Law(s) or the substitution of other legislation
therefore this Policy shall remain in force but the liability of the Company shall be limited to such sum as
the Company would have been liable to pay if the Law(s) had remained unaltered.
EXCEPTIONS
In any action, suit or other proceeding in which the Company alleges that by reason of these provisions,
any loss or damage or expense is not covered by this insurance, the burden of proving that such loss or
damage or expenses is covered shall be upon the Insured.
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** Clarifying comments: “TERRORISM EXCLUSION”
Terrorism means any act or use or threat of force which including (but not limited to):
(a) endangers the life of a person or persons or involves serious violence against a person or
persons.
(b) Involves damage to property;
(c) creates a serious risk to the health and safety of public or to any member of the public;
(d) creates a serious risk to the health and safety of public or to any member of the public;
(e) interferes with or disturbs any electronic or satellite system; or
(f) involves the use of firearms, explosives, biological, chemical, nuclear, or other means;
(g) and which is committed by a person or any group of people, religious or ideological
purposes and/or to influence any government or to put any member of the public in fear.
-
If the Company allege that by reason of this exclusion, any loss, damage, cost or expense is not covered
by this insurance, the burden of proving the contrary shall be upon the Insured.
In the event of any portion of this endorsement is found to be invalid or unenforceable, the remainder
shall remain in full force and effect.
(f) Institute Chemical, Biological, Biochemical, Electromagnetic Weapons and Cyber Attack
Exclusion Clause
This clause shall be paramount and shall override anything contained in this Insurance inconsistent
therewith
1. In no case shall this insurance cover loss, damage, liability or expense directly or indirectly
caused by or contributed to by or arising from:
a. Any chemical, biological, bio-chemical, or electromagnetic weapon
b. The use or operation, as a means for inflicting harm of any computer, computer system,
computer software program, computer virus or process or any other electronic system
For the purpose of this exclusion, GMO’s shall mean and include:
Organisms or micro-organisms or cells or the organisms or micro-organisms, cells or cell organelles,
from which they have been derived, which have been subject to a genetic engineering process which
resulted in their genetic change
In the event that the definition of GMO under the applicable laws and/or official regulations relating
to genetic engineering or modification in any State, territory or jurisdiction in which a claim is made
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is wider than the foregoing then such wider definition shall be incorporated into this definition in
addition to the foregoing.
Every letter, claim, writ summons and process including knowledge of any impending prosecution,
inquest or fatal inquiry in connection with any such occurrence as aforesaid, shall be promptly
informed, notified or forwarded to the Company immediately and the Insured shall give all such
information and assistance as the Company may require.
No admission, offer, promise or payment shall be made by or on behalf of the Insured without the
written consent of the Company as detailed in the policy condition no. 5.
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EMPLOYER’S LIABILITY
Notwithstanding anything herein to the contrary it is hereby understood and agreed that the indemnity
granted by this Policy shall extend to include the Insured’s liability at Common Law.
1. The Company shall only be liable for accidental bodily injury or death arising out of and in course
of employment (in the occupation stated) by the Insured in the Business and caused through:
(a) the fault or negligence of the Insured or fellow employees while engaged in the Business of
the Insured
(i) All costs and expenses recoverable by any claimant from the Insured
(ii) All costs and expenses incurred with the prior written consent of the Company in respect of
any claim for compensation to which the indemnity expressed in this Policy applies.
3. (a) The total amount payable by the Company for compensation and all costs and expenses in
respect of any and all claims out of one sudden occurrence or series of sudden occurrences
consequent on or attributable to one source or original cause shall not exceed the limit
specified in the schedule irrespective of the number of employees who may sustain injury
consequent on or attributable to the same source or original cause.
(b) For the purpose of establishing the total amount payable by the Company in respect of one
period of insurance it is understood that for any one claim where injury is caused over a period
which extends outside such period of insurance the amount of compensation, costs and
expenses indemnifiable arising out of such claim shall be limited to no more than the
proportion of the total amount of compensation costs and expenses for the claim as the length
of such period of insurance (or part thereof as applicable) bears to the total length of the period
during which such injury is caused.
4. If at the time of any claim there shall be any other policy of indemnity or insurance in favour
of or effected by or on behalf of the Insured applicable to such claims, the Company shall only
be liable under this Policy for any excess beyond the amount which would be payable under
such other indemnity or insurance.
The Company shall not be liable under this endorsement in respect of:
(a)
Recovery from other parties and policies
(i) any sum which the Insured would have been entitled to recover from any party but for an
agreement between the Insured and such party
(ii) any amount payable or due under any Workmen’s Compensation laws, decree, regulations
and similar enactments
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(b)
Sickness and/or Disease
(c)
Compensation for damage in respect of judgments delivered or obtained otherwise than by a
court of competent jurisdiction within the U.A.E.
(d)
Costs and expenses of litigation recovered by an original claimant from the Company which
are not incurred in and recoverable in the U.A.E.
ADDITIONAL EXTENSIONS
Notwithstanding anything contained to the contrary in the within mentioned Policy, it is hereby declared and
agreed that the cover granted by this Policy is deemed to apply on a 24 hours basis in respect of bodily
injury arising out of non-work related accidents for persons under the Sponsorship of the Insured - whose
wages are declared to the Company and whilst employed anywhere in UAE.
It is understood and agreed that the extension of cover is not applicable whilst the Insured persons are on
vacation / annual leave.
For the purpose of this endorsement bodily injury means accidental bodily injury - including drowning,
gassing or poisoning - resulting in death or disablement.
2) Medical Expenses:
It is noted and agreed that this insurance is deemed to include coverage for Medical Expenses (incurred in
respect of accidents or occupational illness) provided such expenses are incurred in the UAE only. The limit
as specified in the schedule per accident per employee insured under the policy.
3) Repatriation Expenses:
It is hereby declared and agreed that the cover by the policy is extended to include actual expenses incurred
by the insured by not exceeding the limit as specified in the schedule per accident per person for repatriation
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of the body of the deceased employee(s) and/or seriously injured and/or occupationally ill/deceased
employee(s) on the advice of Medical Authority and including the cost of Escort.
It is hereby declared and agreed that the Insurers shall treat as though he was the Insured any employee of
the Insured in respect of actions brought against the employee personally had the action been brought
against the Insured and an indemnity would have been provided by this policy.
The terms common law shall be deemed to include actions brought in the Criminal Courts specified in the
Policy Schedule in respect of accidental death of or bodily injury to employee.
IUA 09 065
The (re)insurer will not provide cover, be liable to pay any claim or provide any benefit if to do so would
expose the (re)insurer (or any parent company, direct or indirect holding company of the (re)insurer) to any
penalty or restriction [including extraterritorial penalties or restrictions so far as such do not contradict laws
applicable to the (re)insurer], arising out of any trade and economic sanctions laws or regulations which are
applicable
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Public Liability Section
Additional Definitions
The following Additional Definitions shall apply to the whole of this Section and that wherever these words appear within this Section starting with a
capital letter shall bear the same meaning throughout this section.
Bodily injury physical psychiatric injury illness or disease including resulting death wrongful arrest detention or
imprisonment.
Employee any of the following whilst working for and under the direct control and supervision of the
Policyholder in connection with the Business
1 any person under a contract of service or apprenticeship with
(a) the Policyholder
(b) any other party who is supplied or hired to the Policyholder
2 any labour master or labour only sub-contractor or any person supplied by them
4 any person supplied to the Policyholder under a contract or agreement stipulating that such
person shall be deemed to be in the employment of the Policyholder for the period of such
contract or agreement
5 any person participating in any government or otherwise authorised work experience training
study exchange or similar scheme
Cover
The Company agrees to indemnify the Policyholder in respect of all sums that the Policyholder shall become legally liable to pay as damages and
claimant’s costs and expenses arising out of accidental
1 Bodily injury to any person except to any Employee where such injury arises out of and in the course of their employment
2 Damage to material property not belonging to or in the custody or under the control of the Policyholder or any Employee
3 obstruction trespass nuisance or interference with any easement right of air light water or way
occurring during the Period of Insurance in connection with the Business within the Geographical limits.
Provided that the Company’s limit of liability shall not exceed the sums stated in the Schedule
(b) the payment of solicitors’ fees incurred with the Company’s written consent for representation of the Policyholder at proceedings in any
court arising out of any alleged act or omission resulting in a claim which may be the subject of indemnity hereunder or at any Coroner’s
Inquest or Fatal Accident Inquiry
subject to the terms Additional Exclusions and Additional Conditions of this Section and the General Exclusions and General Conditions of the
Policy.
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Additional Exclusions
This section shall not apply to liability or indemnity
Advice and professional negligence arising out of the provision of or failure to provide instruction advice information or professional
service whether or not a fee is involved. This exclusion shall not apply in respect of instruction
advice or information which is provided or which should be provided in connection with a Product
Asbestos arising out of or related in any way to asbestos or asbestos containing materials from any loss
demand claim or suit The Company shall have no duty or any kind with respect to any such loss
demand claim or suit
Contractual liability that has been assumed under a contract or agreement and would not have attached in the absence of
such contract or agreement
Defective workmanship arising from the cost of rectifying defective work carried out by or on behalf of the Policyholder.
Fines penalties and other damages in respect of
1 the payment of any fines penalties or liquidated damages
2 punitive or exemplary damages.
Offshore Work in respect of a visit to or work at or on any offshore rig offshore platform or offshore installation or
arising from transit by sea or by air to or from including embarkation and disembarkation
Products Liability exclusion This Section shall not apply to liability caused by or arising from Products other than food or drink
sold or supplied for consumption on the premises of the Policyholder.
Toxic mould in respect of Bodily injury or Damage to material property arising from any mould or fungi or its
spores bacteria yeasts mildew algae mycotoxins or any other metabolic products enzymes or
protein secreted whether toxic or otherwise.
Vehicles vessels or craft in respect of Bodily injury or Damage to material property arising from the ownership possession
or use by or on behalf of the Policyholder of
any mechanically propelled vehicle used in circumstances where insurance or security is required
by law or where indemnity is provided under any motor policy or other more specific
insurance provided that this Exclusion shall not apply to
(a) the loading or unloading of any vehicle or trailer or delivery or collection of goods in
connection with any vehicle or trailer
(b) such vehicle whilst the same is being used as a tool of trade
any vessel or craft or oil rig made or intended to float on or in or travel through water or air or
space or the loading or unloading of such vessel or craft other than
(a) any watercraft owned by others and used by the Policyholder for business entertainment
(b) non powered watercraft
(c) barges not exceeding seventy-five tons capacity
(d) motor launches not exceeding twenty feet in length
whilst on inland waterways.
Additional Conditions
Property damage deductible The amount payable under this Section in respect of each and every claim arising from Damage
to material property shall be reduced by the amount shown in the Schedule as the Deductible.
Worldwide jurisdiction The indemnity provided by this Section of the Policy shall apply to judgements of first instance
(Excluding USA/Canada) against the Policyholder in any court in the world excluding judgements obtained in the Courts
of the United States of America its territories or possessions or Canada or orders obtained in the
said Courts for the endorsement of foreign judgements whether by way of reciprocal agreements
or otherwise.
The premium for this insurance has been calculated accordingly and no consideration has been
paid in respect of liabilities arising under any other law or the jurisdiction of any other courts.
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Additional Coverages
The following Additional Coverages shall be subject otherwise to the terms Additional Exclusions and Conditions of this Section and the General
Exclusions limitations and Conditions of the Policy.
Compensation for court attendance any director partner or Employee attending court as a witness at the request of the Company in
connection with a claim in respect of which the Policyholder is entitled to indemnity under this
Section the Company will provide compensation to the Policyholder up to following rates per day
on which attendance is required
1 any director or partner of the Policyholder AED 500
2 any employee AED 250
Cross liabilities where more than one party is named as the Policyholder each party as though they were
individually insured
Provided that this Additional Coverage shall not apply to liability arising directly or indirectly in
connection with Damage to premises (including contents) the occupancy of which is shared
between two or more parties named as insured.
Custody or control the Policyholder’s liability for Damage to material property in the custody of or under the control
of the Policyholder but solely in respect of
1. directors’ Employees’ or visitors’ personal effects (including motor vehicles)
2. property at premises not owned leased hired or rented by the Policyholder but in their
temporary occupation or possession for the purpose of work therein or thereon except
for the specific part of the premises or for material property which is being worked on
3. premises leased or rented to the Policyholder provided that liability for such Damage is
not assumed by the Policyholder under agreement which would not have attached in the
absence of such agreement
Death of the Policyholder in the event of death of the Policyholder the Policyholder’s personal representatives in respect of
legal liability incurred by the Policyholder provided that such representative shall act as though
they were the Policyholder.
Indemnity to principals any principal as though they were also the Policyholder in respect of liability arising out of Bodily
injury or Damage to material property resulting from the performance of work by the
Policyholder but solely insofar as is necessary to meet the requirements of any contract or
agreement entered into for the performance of such work
Provided that the principal shall observe fulfil and be subject to the terms exclusions and
conditions of this Section and the General Conditions of the Policy
Motor vehicle contingent liability the Policyholder for Bodily injury or Damage to material property arising from the
ownership possession or use of mechanically propelled vehicles used in connection with the
Business of the Policyholder and that are neither the property of or provided by the Policyholder
nor being driven by the Policyholder but only to the extent where there is no entitlement to
indemnity under any motor policy or other more specific insurance
Provided that
the Company shall not be liable in respect of Damage to such vehicle or to goods conveyed therein
or thereon and shall indemnify the Policyholder and no other person hereunder
the Company shall not be liable whilst such vehicle is being driven by any person who to the
knowledge of the Policyholder does not hold a licence to drive such vehicle unless such person
has held and is not disqualified from holding or obtaining such a licence.
Overseas personal liability the personal liability of any director or Employee or any member of the family of such director or
Employee during temporary visits anywhere in the world in connection with the Business of the
Policyholder
Page 16 of 47
Provided that
1 this Additional Coverage shall not apply to legal liability arising directly from
a. (i) any agreement or contract unless liability would have existed otherwise
(ii) the ownership or occupation of land or buildings
(iii) the carrying on of any trade or profession
(iv) the ownership possession or use of fire arms (other than sporting guns) mechanically
propelled vehicles craft designed to travel through air or space hovercraft watercraft or
animals of dangerous species
(v) Damage to material property owned or held in trust by any director or Employee or any
member of the family of such director or Employee
c. to legal liability for Bodily injury to any member of the family of any director or Employee or
to any Employee of any director or Employee or any member of the family of such Employee
2 any person indemnified under this Additional Coverage shall act as though they were the
Policyholder and observe fulfil and be subject to the terms provisions and conditions of this
Section
3 the Company shall not be liable for such Additional Coverage unless the Company has the
sole conduct and control of all claims.
Endorsements
The following shall be applicable if stated in the Schedule as operative and shall be subject otherwise to the terms Additional Exclusions and
Conditions of this Section and the General Exclusions and Conditions of the Policy.
Inclusion of United States of The insurance by this Section extends to indemnify occurrences happening in or claims or legal
America/Canada proceedings brought or originating in the United States of America/Canada or in any territory
within their jurisdiction provided that
1 the liability of the Company in respect of all damages payable together with
(a) costs and expenses recoverable by any claimant from the Policyholder
(b) costs and expenses incurred by the Company or by the Policyholder with the written
consent of the Company
(c) the Solicitors’ fees incurred with the written consent of the Company for representation
at any Coroner’s inquest or fatal accident inquiry or for defending any proceeding in any
court of summary jurisdiction
shall not exceed the Limit of liability shown in the Schedule
2 the amount payable under this Endorsement in respect of each and every claim shall be reduced
by the amount shown in the Schedule as the Deductible
3 the Company shall not be liable for any punitive or exemplary damages
4 the Company shall not be liable for
(a) any liability arising out of the discharge dispersal release or escape of smoke vapours
soot fumes acids alkalis toxic chemicals liquids or gases waste materials or other irritants
contaminants or pollutants into or upon land atmosphere or any water course or body of
water
(b) any cost or expense arising out of any governmental demand or request that a
Policyholder test for assess monitor clean up remove contain treat detoxify or neutralise any
irritants contaminants or pollutants
And the Company shall not have the duty to defend any claim or suit seeking to impose such costs
expense liability for such damages or any other relief
Page 17 of 47
The Company and the Policyholder also agree that the premium for this inclusion will be calculated
accordingly.
Property owners’ Liability restriction The insurance by this Section shall only indemnify the Policyholder against all sums which the
Policyholder shall be legally liable to pay as damages in respect of Bodily injury or Damage to
material property happening during the Period of Insurance and caused by any defect in the
Premises or arising from the maintenance repair or decoration of the Premises
Provided that
the Policyholder shall at all times ensure that all Premises to which this insurance applies are kept
in good repair and if any defects be discovered by complaints from tenants or otherwise the
Policyholder shall forthwith cause such defects to be made good and in the meantime cause such
temporary precautions to be taken as the circumstances may require
so far as is reasonably practicable no alteration or repair shall without the consent of the Company
be made to Premises after any accident has occurred in connection therewith until the Company
shall have had an opportunity of inspecting such Premises.
Page 18 of 47
Property Damage “All Risks” Section
Additional Definitions
The following Additional Definitions shall apply to the whole of this Section and that wherever these words appear within this Section starting with a
capital letter shall bear the same meaning throughout this section.
Computer equipment all equipment and related software used by the Policyholder in connection with their data
processing operations
Contents machinery plant and all other contents (other than Stock and landlord’s fixtures and fittings)
including tenant’s improvements alterations and decorations the property of the Policyholder or
held by them in trust for which they are responsible situate at the Premises.
Property insured Buildings Contents Stock and other Items shown and/or described in the Schedule
Rent the amount of Rent payable by the Policyholder in respect of the lease of the Premises.
Stock Stock and materials in trade including work in progress the property of the Policyholder or held by
them in trust or on commission and for which they are responsible situate at the Premises.
Cover
The Company agrees that if any of the Property insured suffers Damage other than by an Excluded cause during the Period of Insurance the
Company will pay to the Policyholder the value of the Property insured at the time of any Damage or at the Company’s option reinstate or replace
such Property insured or any part of the Property insured subject to the terms Additional Conditions and Exclusions of this Section and the General
Conditions limitations and Exclusions of the Policy.
Additional Exclusions
(b) (i) corrosion rust change in temperature dampness dryness wet or dry rot shrinkage
(c) evaporation loss of weight change in colour flavour texture or finish vermin
(d) insects marring or scratching
(ii) cracking fracturing collapse or overheating of boilers economisers vessels tubes
or pipes nipple leakage and or the failure of welds of boilers
(iii) theft or attempted theft of Property insured
(1) from any garden yard or outbuilding
(2) that does not involve forcible or violent entry to or exit from the
insured Premises
(3) comprising vending amusement and gaming machines
(iv) mechanical or electrical breakdown including self-ignition and or derangement
of machinery or equipment
(v) faulty or defective workmanship or operational error or omission on the part of
the Policyholder or any employee of the Policyholder
but this shall not exclude
(1) such Damage not otherwise excluded which itself results from a
Defined peril or from any other accidental loss destruction or damage
(2) subsequent Damage which itself results from a cause not otherwise
excluded
Page 19 of 47
(c) disappearance unexplained or inventory shortage misfiling or misplacing of
information clerical error book keeping accounting or billing errors or omissions
(d) escape of water from any water tanks apparatus or pipes when the Building(s) is
Unoccupied and not being used for any of the Business activities of the Policyholder
or any tenant
2 Damage by wind rain hail sleet snow flood or dust to fences and gates and/or moveable
property in the open or in open-sided Buildings
3 consequential loss of any kind or description except loss of Rent when such loss of Rent is
included in the Schedule to this Section
(b) disfiguration or Damage other than fracture extending through the entire thickness
of the fixed glass
(c) any attempt to remove any fixed glass change its position or carry out any work on it
or its framework beadings or other fittings
2 fixed glass that is etched or stained or neon or other electrical light fittings signs or tubes
3 vehicles licensed for road use (including accessories thereon) caravans trailers railway
locomotives and or rolling stock watercraft or aircraft
7 livestock and/or growing crops and/or plants and/or trees and/or landscaping
10 property which at the time of the happening of such Damage is insured by any marine
policy or policies
Page 20 of 47
Additional Conditions
All other contents restrictions It is understood that the Company’s liability in respect of
1 documents manuscripts business books patterns models moulds plans and designs shall be
limited to the value of the materials together with the cost of rewriting or reproducing the same
and not for their value to the Policyholder
2 directors' employees' and visitors' clothing personal effects tools and cycles (other than motor
cycles) not otherwise insured shall be subject to the limit stated in the Schedule
3 jewellery precious stones precious metals bullion furs curiosities rare books or works of art
other than paintings etchings prints and the like shall be for Defined perils only and be subject
to the limit as stated in the Schedule
4 Computer equipment shall be for Defined perils only and be subject to the limit as stated in the
Schedule. Further computer systems records /data shall be limited to the value of the
materials together with the cost of rewriting or reproducing the same and not for their value to
the Policyholder
5 Money shall be for Defined perils only and be subject to the limit as stated in the Schedule
6 paintings etchings prints and the like shall be subject to the limit as stated in the Schedule
7 glass (other than fixed glass) china earthenware marble or other fragile or brittle objects shall
be subject to the limit stated in the Schedule
Automatic reinstatement The Sum Insured shall not be reduced by the amount of any payment provided that the
Policyholder pays the premium from the date of Damage to the date of expiry of the Period of
Insurance and agrees to comply with any risk improvements or other measures the Company may
require to mitigate any claim.
Composite panels It is a condition precedent to any liability of the Company that where any of the Premises owned
by the Policyholder that include Buildings constructed wholly or in part of
1 composite construction panels (which term includes but is not limited to sandwich panels
insulation panels and composite panels) comprising two sheets of metal either side of a
core of combustible insulation material or
(ii) the sides or edges of any panel which expose the panel core are closed off with
steel or other appropriate metal cappings or facings
(iii) there is no internal storage of combustible waste within three metres of the
panels
(v) which have hot flues or extraction ducting running through such panels non-
combustible insulating collars or sleeves of a minimum thickness of four
centimetres must be fitted around the flue or ducting to prevent the flue or
ducting coming directly into contact with the combustible core.
Any gap between the collar or sleeve and panel core must be filled with material
fibre or other suitable non-combustible material.
Page 21 of 47
(vi) any heater flue extraction ducting for hot processes and the like in close
proximity to the panels must be positioned a distance equivalent to at least three
(vii) times the diameter of the flue and the like from the panel and no repairs to such
panels shall be made which involves welding grinding cutting or other ignition
sources
(viii) all heat sources must be kept well away from such panels or panels within two
metres of any heat source must be replaced by panels with non-combustible
insulating materials
(ix) no smoking rules apply and are in force and prominent notices are displayed to
this effect
(b) where work of any nature or value whatsoever is undertaken at the Premises owned by the
Policyholder that involves the application of heat the Policyholder must
(i) issue the Company’s hot work permit (or other such permits accepted and
agreed by the Company) to any workmen or contractors undertaking the work
(ii) enforce compliance with such permit upon any workmen or contractors
undertaking the work
(iii) otherwise take such precautions as may be necessary to ensure a safe working
environment having regard to the risk of fire
(c) (i) the electrical installation at the Premises owned by the Policyholder is inspected
and tested by a member of a qualified and recognised body in accordance with
local wiring regulations for electrical installations and an inspection certificate
issued
(ii) any work specified on such certificate to ensure the electrical installation meets
necessary wiring regulations shall be carried out within thirty days of the
inspection or such other period agreed in writing by the Company
(iii) the electrical installation shall be further inspected and tested annually.
Company’s liability The liability of the Company in respect of any one loss or in the aggregate in any one Period of
Insurance shall in no case exceed
such other sum or sums as may be substituted by endorsement signed by or on behalf of the
Company.
Contracting purchasers Without prejudice to the rights and liabilities of the Company or the Policyholder if at the time of
Damage the Policyholder has contracted to sell their interest in any Premises and the purchase has
not been but shall afterwards be completed then such purchaser shall be entitled to benefit under
this Section until completion except insofar as such Premises are more specifically insured by or
on behalf of the purchaser.
Designation For the purpose of determining where necessary the Item or heading under which any of the
property is insured the Company agrees to accept the designation under which such property has
been entered in the Policyholder's records.
Other interests Where various parties are interested in the insurance by this Section the Policyholder undertakes to
declare the names nature and extent of the interest of any such parties at the time of Damage.
Reinstatement Reinstatement may be given at the Company’s option as a basis of settlement to a claim that has
occurred under this Section other than in respect of Stock directors’ employees’ and visitors’
clothing personal effects tool and cycles.
Page 22 of 47
Where Reinstatement is implemented by the Company the amount payable shall be calculated in
accordance with the following and shall be subject to the special provisions stated below:
1 where Property insured is destroyed:
(a) if a Building - the rebuilding of the property
(b) if other property - its replacement by similar property
in either case in a condition equal to or substantially the same as but not better or
Special provisions
(a) The work of Reinstatement which may be carried out upon another site and in
any manner suitable to the requirements of the Policyholder subject to the
liability of the Company not being thereby increased must be commenced and
carried out with reasonable despatch otherwise no payment beyond the amount
which would have been payable under this Policy if this condition had not been
incorporated therein shall be made
(b) The liability of the Company shall not exceed the Sum Insured or the limit of
liability stated in the Schedule
(c) When any Property insured suffers Damage in part only the liability of the
Company shall not exceed the sum representing the cost that the Company could
have been called upon to pay for Reinstatement if such Property insured had
been wholly destroyed
(d) No payment beyond the amount which would have been payable in the absence
of this Condition shall be made
(i) unless Reinstatement commences and proceeds without unreasonable
delay
(ii) until the cost of Reinstatement shall have been actually incurred
(iii) if the Property insured at the time of its Damage is insured by any other
insurance effected by or on behalf of the Policyholder which is not upon the
same basis of Reinstatement
(e) Each Item under this Condition is declared to be separately insured subject to
the following Condition of Average namely:
If at the time of Reinstatement the sum representing eighty-five per cent of the
cost that would have been incurred in Reinstatement if the whole of the property
covered by such Item had been destroyed exceeds the Sum Insured thereon shall
at the commencement of any Damage be less than the value of the property
covered within such Sum Insured the amount payable by the Company in
respect of such Damage shall be proportionately reduced.
(f) All the terms and Conditions of this Section and the general terms Conditions
and Exclusions of this Policy shall apply
(i) to any claim payable under the provisions of this Condition other than where
they are expressly varied by the terms of this Condition
(ii) where claims are payable as if this Condition had not been incorporated
Workman’s clause Workmen are allowed on the Premises for the purpose of making structural and other alterations
from time to time without prejudice to this insurance.
Page 23 of 47
Additional Coverages
The following Additional Coverages shall be subject otherwise to the terms Additional Exclusions and Conditions of this Section and the General
Exclusions limitations and Conditions of the Policy.
Architects’ surveyors’ engineers’ legal fees Architects’ surveyors’ legal and consulting engineers’ fees necessarily and reasonably incurred in
the Reinstatement of the Property insured consequent upon Damage but not for preparing any claim
it being understood that the amount payable for such Damage and fees shall not exceed in the
aggregate the Sum Insured by each item
Capital additions In respect of Buildings and Contents Items anywhere in the United Arab Emirates insofar as the
same are not otherwise insured
1 newly acquired or newly erected Buildings and Contents
2 alterations additions and improvements of Buildings and Contents
Provided that
(a) the liability of the Company shall not exceed an amount of AED 2,000,000 any one Premises
nor AED 10,000,000 during any one Period of Insurance
(b) the Policyholder undertakes to advise the Company on the last day of each quarter of all such
acquisitions additions and extensions and to pay the appropriate additional premium on the
amount of all increases so advised such additional premium to be calculated pro rata from
the date of such addition so declared
this Additional Coverage shall not include any appreciation in value in excess of the Sums
Insured under the said Items.
Customers' goods Customers’ goods at the Policyholder’s Premises subject to the Policyholder having agreed with
their customers’ that they will accept responsibility for Damage to goods belonging to such
customers or for which those customers may be legally responsible which may be left in the
Policyholder's care for storage or despatch or otherwise temporarily in the Policyholder's custody
It is agreed that all such goods shall be held to be insured by this Section as Stock except in so far
as they shall be more specifically insured under any other policy.
Fire extinguishing expenses Reasonable costs incurred by the Policyholder as a consequence of Damage in
1 refilling fire extinguishing appliances
2 replacing used sprinkler heads
3 refilling sprinkler tanks
4 recharging gaseous flooding systems
5 resetting fire alarms
The amount payable in respect of any one Premises is limited to such excess water charges
demanded by the Water Authority resulting from the escape of water from pipes apparatus or tanks
in consequence of Damage and shall in no case exceed AED5,000 in respect of any one
occurrence.
Public Authorities
Such additional cost of Reinstatement for Buildings and Contents which is incurred solely by
reason of the necessity to comply with building or other regulations under or framed in pursuance
of any Act of Parliament with bye-laws of any Public Authority in consequence of Damage
excluding
Page 24 of 47
(a) the cost incurred in complying with such regulations bye-laws or stipulations
(i) in respect of Damage occurring prior to the granting of this Additional
Coverage
(ii) in respect of Damage not insured by this Section
(iii) under which notice has been served upon the Policyholder prior to the
happening of the Damage
(iv) for which there is an existing requirement which has not yet been implemented
(v) in respect of undamaged property or undamaged portions of property other than
foundations (unless specifically excluded) of that portion of the damaged property
(b) the additional cost that would have been required to make good the damaged property to
a condition equal to its condition when new had the necessity to comply with such
regulations bye-laws and stipulations not arisen
(c) the amount of any rate tax duty development or other charge or assessment arising out
of capital appreciation which may be payable in respect of the property by reason of
compliance with any of the aforesaid Stipulations
The work of Reinstatement must be commenced and carried out with reasonable despatch and in
any case must be completed within twelve months after the Damage or within such further time as
the Company may allow in writing and may be carried out wholly or partially upon another site
subject to the liability of the Company under this Additional Coverage not being increased
If the liability of the Company apart from this Additional Coverage shall be reduced by the
application of any of the terms and conditions of this Section or of the Policy (other than as a
result of this clause) then the liability of the Company under this Additional Coverage shall be
reduced in proportion
The total amount recoverable shall not exceed the Sum Insured shown in the Specification
Removal of debris Costs and expenses necessarily incurred by the Policyholder with the consent of the Company in
1 removing debris
2 dismantling and/or demolishing
3 shoring up or propping
4 boarding up
The liability of the Company for this Additional Coverage shall be limited to and not in any way
increase the relevant Item’s Sum Insured provided that the amount payable relating to Stock for
any such costs and expenses shall not exceed 10% of the sum insured
2 arising from Pollution of property and/or land not insured by this Section.
Replacement of locks and keys The insurance by this Section extends to cover the costs incurred as a result of the necessary
replacement of all locks at the Premises following theft of the keys from the Premises or from the
home of any director partner or employee authorised to hold such keys provided that the
Company’s liability for such Additional Coverage shall not exceed AED5,000 in respect of any
one Period of Insurance.
Temporary removal Contents whilst temporarily removed for cleaning renovation repair testing, servicing or other
similar purposes anywhere within the United Arab Emirates including whilst in transit provided
that the Company’s liability for such Additional Coverage in respect of Damage occurring
elsewhere than in the Premises shall not exceed 10% of the Sum Insured by each Item or
AED500,000 whichever is less
Documents manuscripts business books and plans are covered whilst temporarily removed
anywhere within the United Arab Emirates provided that the Company’s liability for such
Additional Coverage shall not exceed 10% of the Sum Insured by each Item or AED500,000
whichever is less
Page 25 of 47
This Additional Coverage does not apply to
1 property more specifically insured
2 motor vehicles and motor chassis licensed for normal road use
3 property held by the Policyholder in trust other than machinery and plant.
Damage caused by theft or attempted theft to Building(s) which is/are not insured by this Section
Theft damage to building(s) provided the Policyholder is the owner of the Building(s) or is legally liable for such Damage
Trace and access Costs necessarily and reasonably incurred by the Policyholder in locating the source of the escape
of water from any tank apparatus or pipe and the subsequent making good of Damage provided
that the Company’s liability for such Additional Coverage shall not exceed AED5,000 in respect of
any one Period of Insurance.
Transit extension Damage of Stock whilst in transit by road rail vehicle or post (including loading and unloading and
whilst being temporarily housed in course of transit) anywhere within the United Arab Emirates
The liability of the Company under this Additional Coverage shall not exceed AED5,000 for any
one loss being the maximum sum payable for any claim or series of claims arising out of any one
cause.
(a) all doors have been securely locked all windows and other openings securely and
adequately fastened and any immobiliser and any alarm fitted to the said vehicle correctly set
to operate and all keys removed or
2 livestock treasury notes bullion cash bonds deeds stamps securities and documents jewellery
gold platinum and silver articles precious stones and furs
3 any claim arising from delay loss of market or any other consequential loss
4 any personal property which is not connected with the Policyholder’s Business
It is a Condition of this Additional Coverage that the Policyholder shall take all reasonable
measures to
1 maintain in efficient condition any vehicle in the Policyholder’s ownership or control in or
upon which the Property insured is carried
3 ensure that any vehicle in the Policyholder’s ownership or control is suitable for the purpose fo
is to be used.
If the Rental Value of the said building/warehouse shall at the time of any fire or at commencement of any destruction of
or damage to any such property by any other peril hereby insured against be collectively more than the Sum Insured on
Rent, then the Insured shall be considered as being their own Insurers for the difference and shall bear a rateable share of
the loss accordingly.
Page 26 of 47
Tenants Liability
The Insurance by this Policy extends to include the legal liability of the Insured as Tenants of the Premises mentioned in
the Schedule by reason of damage or destruction by fire and/or perils covered by this Policy for which the Insured is
liable to the Owners.
The aggregate limit of liability of the Insured by virtue of the insurance shall not exceed the Sum Insured specified in the
schedule.
Page 27 of 47
Business Interruption Section
Additional Definitions
The following Additional Definitions shall apply to the whole of this Section and that wherever these words appear within this Section starting with a
capital letter shall bear the same meaning throughout this section.
Annual turnover the Turnover during the twelve months immediately before the date of any Contingency
Estimated gross profit the amount declared by the Policyholder as representing not less than the Gross profit which it is
anticipated will be earned by the Business during the financial year most nearly concurrent
with the Period of Insurance or a proportionately increased multiple where the Maximum
indemnity period exceeds twelve months
Gross profit the amount by which
the sum of the amount of the Turnover and the amounts of the closing stock and work in progress
shall exceed
the sum of the amounts of the opening stock and work in progress and the amount of the
uninsured working expenses.
The amounts of the opening and closing stocks and work in progress shall be arrived at in
accordance with the Policyholder’s normal accountancy methods due provision being made for
depreciation.
Indemnity period the period beginning with the occurrence of any of the Contingencies and ending not later than the
Maximum indemnity period thereafter during which the results of the Business shall be affected
in consequence of any of the Contingencies.
Infectious disease illness sustained by any person resulting from any human infection or human contagious disease
(excluding Acquired Immune Deficiency Syndrome (AIDS) or an AIDS related condition) an
outbreak of which the competent local authority has stipulated shall be notified to them.
Maximum indemnity period the number of months stated in the Schedule.
Rate of gross profit the Rate of Gross profit earned on the Turnover during the financial year immediately before the
date of any of the Contingencies
Standard turnover the Turnover during that period corresponding with the Indemnity period in the twelve months
immediately before the date of any of the Contingencies appropriately adjusted where the
Indemnity period exceeds twelve months
Turnover the money paid or payable to the Policyholder for goods sold and delivered and for services
rendered in the course of the Business at the Premises.
Uninsured working expenses carriage packing and freight purchases (less discounts received) and bad debts.
The words and expressions used in this Definition shall have the meaning usually attached to
them in the books and accounts of the Policyholder.
Cover
The Company agrees that in the event of the Business carried on by the Policyholder at the Premises being interrupted or interfered with as a
consequence of any of the Contingencies during the Period of Insurance then the Company will indemnify the Policyholder in accordance with the
provisions stated subject to the terms limitations Additional Conditions and Exclusions of this Section and the General Conditions Limitations and
Exclusions of the Policy.
Contingencies
1 Any Damage as insured by the Property Damage “All Risks” Section of this Policy
3 Any Damage occasioned in the course of theft but excluding loss due to the theft of property
Page 28 of 47
Basis of Settlement
The amount payable as indemnity shall be
Additional cost of working The additional expenditure necessarily and reasonably incurred by the Policyholder in
consequence of any of the Contingencies in order to prevent or minimise the interruption of or
interference with the Business during the Indemnity period (including the cost of removal to
and from temporary premises and expenses incidental thereto increase in rent rates and taxes
salaries of additional staff and overtime payments).
Gross profit 1 (a) In respect of reduction in Turnover:
The sum produced by applying the Rate of gross profit to the amount by which the
Turnover during the Indemnity period shall in consequence of any of the Contingencies
fall short of the Standard turnover
less any sum saved during the Indemnity period in respect of such charges and expenses of the
Business payable out of Gross profit as may cease or be reduced in consequence of any of the
Contingencies.
Provided that if the Sum Insured be less than the sum produced by applying the Rate of gross
profit to the Annual turnover (or to a proportionately increased multiple where the Maximum
indemnity period exceeds twelve months) the amount payable shall be proportionately reduced.
2 This Insurance is limited to the additional increase in cost of working (in excess of the
amount payable under 1(b) relating to Gross profit) necessarily incurred during the
Indemnity period in consequence of any of the Contingencies for the sole purpose of
avoiding or diminishing a reduction in Turnover or resuming or maintaining normal
Business operations but not exceeding the Sum Insured stated in the Specification.
Trends and Variations Adjustments shall be made to Gross profit Rate of Gross Profit Standard turnover and Annual
Turnover as may be necessary to provide for the trend of the Business and for variations in or
other circumstances affecting the Business either before or after any of the Contingencies or
which would have affected the Business had the Contingencies not occurred so that the adjusted
figures shall represent as nearly as may be reasonably practicable the results which but for the
Contingencies would have been obtained during the relative period after the Contingencies.
Current cost accounting For the purpose of these definitions any adjustment implemented in current cost accounting shall
be disregarded.
Additional Conditions
Alternative trading If during the Indemnity period goods shall be sold or services shall be rendered elsewhere than at
the Premises for the benefit of the Business either by the Policyholder or by others on their behalf
the money paid or payable in respect of such sales or services shall be brought into account in
arriving at the Turnover during the Indemnity period.
Automatic reinstatement The liability of the Company shall not be reduced by the amount of any of the Contingencies
provided that the Policyholder pays the appropriate additional premium calculated from the date of
Damage to the date of expiry of the Period of Insurance.
Accumulated stocks In adjusting any claim account shall be taken and an equitable allowance made if any reduction in
Turnover due to any of the Contingencies is postponed by reason of the Turnover being
temporarily maintained from any stocks of finished goods at the Policyholder’s Premises.
Cessation of cover This Section shall be avoided if the Business is wound up or carried on by a liquidator or receiver
or permanently discontinued at any time after the commencement of this Insurance unless accepted
by the Company in writing.
Company’s liability The liability of the Company shall in no case exceed in respect of the insurance provided by this
Section the Sum Insured or limit of liability or such other sums expressed in the Specification in
any one Period of Insurance or any other sum or sums that may be substituted by Endorsement
signed by or on behalf of the Company.
Departmental If the Business is conducted in departments the independent trading results of which are
ascertainable the Basis of Settlement for Gross profit shall apply separately to each department
affected by the Contingencies
Page 29 of 47
Material damage proviso Waiver At the commencement of the Contingencies there shall be in force an insurance covering the
interest of the Policyholder in the property at the Premises against Contingencies 1 2 and 3 and
that payment shall have been made or liability admitted under such insurance or would have been
made or admitted but for the operation of a proviso excluding liability for losses below a specified
amount.
Payments on account Payments on account may on application by the Policyholder and at the Company’s discretion be
made to the Policyholder during the Indemnity period.
Premium adjustment The Policyholder shall furnish to the Company within thirty days after the expiry of each Period of
Insurance a declaration confirmed by the Policyholder’s auditors (“accountants” may be
substituted for “auditors” in respect of companies exempt from audit requirements) of the Gross
profit earned or expenses paid during the financial year most nearly concurrent with the Period of
Insurance
If any Contingency shall have occurred giving rise to a claim for loss of Gross profit the above
mentioned declaration shall be increased by the Company for the purpose of premium adjustment
by the amount by which the Gross profit was reduced during the financial year solely in
consequence of such Contingency
If the declaration (adjusted as provided for above and proportionately increased where the
Maximum indemnity period exceeds twelve months)
1 is less than the Gross profit for the relative Period of Insurance the Company will allow a pro-
rata return of the premium payable on the Gross profit but the return premium shall not exceed
33.33% of the 75% deposit premium paid.
2 is greater than the Gross profit for the relative Period of Insurance the Policyholder shall pay a
pro-rata additional premium (in excess of an additional 25% being the balance due to the Company
in accordance with the provisional premium paid) payable on Gross profit.
Professional accountants Any particulars or details contained in the Policyholder’s books of account or other business books
or records which may be required by the Company under the General Claims Conditions for the
purpose of investigating or verifying any claim under this Section may be produced by
professional accountants if at the time they are regularly acting as such for the Policyholder and
their report shall be prima facie evidence of the particulars and details to which such report relates
the Company will pay to the Policyholder the reasonable charges payable by the Policyholder to
their Professional accountants for producing such particulars or details
Provided that the sum of the amount payable and the amount otherwise payable under this Section
shall in no case exceed the Sum Insured stated in the Specification.
Salvage sales If following the Contingencies under this Section the Policyholder shall hold a salvage sale during
the Indemnity period clause 1(a) of Gross profit shall for the purpose of such claim read as follows:
Additional Coverages
The following Additional Coverages shall be subject otherwise to the terms limitations and Additional Conditions of this Section and the General
Exclusions limitations and Conditions of the Policy
The Insurance by this Section extends to cover interruption of or interference to property used by the Policyholder for the Business at the Premises in
consequence of:-
1 any of the Contingencies 1 2 and 3 at the location(s) of or to property of specified customers or specified suppliers as stated in the Schedule
Page 30 of 47
(b) land based premises of the public gas supply undertaking or natural gas producer linked directly therewith
(c) water works or pumping station of the public water supply undertaking
(d) land based premises of the public telecommunications services (other than satellite services)
from which the Policyholder obtains electricity gas water or telecommunication services
Provided that
1 the Company’s liability
(a) under paragraph 1 of this Additional Coverage in respect of any one occurrence shall not exceed the percentage(s) or
limit(s) as stated in the Specification
(b) under paragraphs 2 of this Additional Coverage in respect of any one occurrence shall not exceed the Sum Insured
stated in the Specification
2 in respect of the cover provided by paragraph 2 the Company shall not be liable for any Contingency
(a) to lines cables or pipes conveying the said supplies
(b) that does not involve a cessation of supply for at least three consecutive hours
Endorsements
In consideration of the payment of an additional premium the following shall be applicable if stated in the Specification as operative and shall be
subject otherwise to the terms limitations and Additional Conditions of this Section and the General Exclusions limitations and Conditions of the
Policy.
Group interdependency The Insurance by this Section extends to cover interruption of or interference with the Business at
the Policyholder’s Premises where no Contingency has occurred but suffers in consequence of a
Contingency happening at a different Premises of the Policyholder provided that the Company’s
liability for this Endorsement shall in no case exceed the Sum Insured by the Item on Gross profit.
Page 31 of 47
Electronic Equipment Insurance Policy
This Policy shall apply to the Insured items only after successful completion of their performance/acceptance test
whether they are at work or at rest or being dismantled for the purpose of cleaning or overhauling or in the course of
aforesaid operations themselves or when being shifted within the premises or during subsequent re-erection.
The liability of the Company for any one item of the Insured property shall not exceed in aggregate in any one period of
Insurance the sum insured set against such items in the attached Schedule (s) unless the sum insured under such item is
reinstated after occurrence of a claim for balance period.
GENERAL EXCLUSIONS:
The Company will not indemnify the Insured in respect of loss, damage or liability directly caused by or arising out of or
aggravated by :-
a) War, Invasion, Act of Foreign Enemy, Hostilities or War Like Operations (whether war be declared or not),
Civil War, Rebellion, Revolution, Insurrection, Mutiny, Civil Commotion, Confiscation, Commandeering a
Group of Malicious Person (s) acting on behalf of or in connection with any political organization requisition
or destruction or damage by order of any Govt. dejure or de facto or by, any public, municipal or local
authority, terrorism.
b) Nuclear Reaction, Nuclear Radiation or Radioactive Contamination.
c) Willful act or willful negligence of the Insured or his representative.
d) Cessation of work whether total or partial.
e) Cost incurred / time involved in the movement of machinery and/or any other property and/or personnel
outside the territorial limits of UAE other than cost of replacements, for machinery lost or damaged.
f) Derangement of the Insured property not accompanied by damage otherwise covered by this policy.
g) Loss of or damage to the property covered under this policy falling under the terms of the Maintenance
Agreement.
h) Loss, destruction or damage occasioned by pressure wave caused by aircraft and other aerial devices traveling
at sonic or Supersonic speeds.
In any action suit or other proceedings where the Company allege that by reason of the provisions of the above
exclusions, any loss, destruction, damage or liability is not covered by this insurance, the burden of proving that such
loss, damage or liability is covered shall be upon the Insured.
GENERAL CONDITIONS :
1. The due observance and fulfillment of the terms of this Policy in so far as they relate to anything to be done or
complied with by Insured and the truth of the statements and answers in the questionnaire and proposal made
by the Insured shall be a condition precedent to any liability of the Company.
2. The Schedule and the Section(s) shall be deemed to be incorporated in and form part of this policy and the
expression “this Policy” wherever used in this contract shall be read as including the Schedule and the
Section(s). Any word or expression to which a specific meaning has been attached in any part of this Policy or
of the Section(s) shall bear such meaning wherever it may appear.
3. The Insured shall at his own expenses take all reasonable precautions and comply with all reasonable
recommendations of the Company to prevent loss, damage or liability and comply with statutory requirements
and manufacturers recommendations.
4. a) Representatives of the Company shall at any reasonable time have the right to inspect and
examine the risk and the Insured shall provide the representatives of the Company with all
details and information necessary for the assessment of the risk.
b) The Insured shall immediately notify the Company in writing of any material change in the risk
and cause at his own expense such additional precautions to be taken as circumstances may
require to ensure safe operation of the Insured items and the scope of cover and/or premium
shall, if necessary, be adjusted accordingly.
No material alteration shall be made or admitted by the Insured whereby the risk is increased unless the
continuance of the Insurance be confirmed in writing by the Company
In the event of any occurrence which might give rise to a claim under this policy, the Insured shall -
a) Immediately notify the Company by telephone as well as in writing giving an indication as to the
nature, cause and extent of loss or damage.
b) Take all steps within his power to minimize the extent of the loss or damage.
Page 32 of 47
c) Preserve the parts affected and make them available for inspection by a representative or
surveyor of the Company.
d) Furnish all such information and documentary evidence as the Company may require.
e) Inform the policy authorities in case of loss or damage due to theft or burglary
The Company shall not in any case be liable for loss, damage or liability of which no notice has been received
by the Company within 14 days of its occurrence.
5. Upon notification being given to the Company under this condition, the Insured may carry out the repair or
replacement of any minor damage not exceeding Dhs.500 / To be agreed provided that the carrying out of such
repairs without prejudice to any question of liability of the company and that any damaged part requiring
replacement kept for inspection by the Company, but in all other cases a representative shall have the
opportunity of inspecting the loss or damage before any repairs or alterations are effected.
The liability of the Company under this Policy in respect of any item sustaining damage shall cease if the said
item is kept in operation after a claim without being repaired in the satisfaction of the Company or if
temporary repairs are carried out without the Company’s consent.
6. The Insured shall at the expense of the Company do and concur in doing and permit to be done all such acts
and things as may be necessary or required by the Company in the interest of any rights or remedies , or of
obtaining relief or indemnity from parties (other than those insured under this policy) to which the Company
shall be or would become entitled or subrogated upon their paying for or making good any loss or damage
under this Policy, whether such acts and things shall be or become necessary or required before or after
Insured’s indemnification by the Company.
7. If any difference shall arise as to the quantum to be paid under this Policy, (liability being otherwise admitted)
such difference shall independently of all other questions be referred to the decision of a single 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 disinterested persons as arbitrators of whom one shall be appointed in writing by each of the parties
within two calendar months after having been required so to do in writing by the other party. In case either
party shall refuse or fail to appoint arbitrator within two calendar months after receipt of notice in writing
requiring an appointment, the other party shall be at liberty to appoint sole arbitrator; and in case of
disagreement between the arbitrators, the difference shall be referred to the decision of an umpire who shall
have been appointed by them in writing before entering on the reference and who shall sit with the arbitrators
and preside at their meetings.
It is clearly agreed and understood that no difference or dispute shall be referable to arbitration as hereinbefore
provided, if the Company has disputed or not accepted liability under or in respect of this policy.
It is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit
upon this policy that the award by such arbitrator, arbitrators or umpire of the loss or damage shall be first
obtained.
It is also hereby further expressly agreed and declared that if the Company shall disclaim liability to the
Insured for any claim hereunder and such claim shall not, within 3 calendar months from the date of such
disclaimer have been made the subject matter of a suit in a court of law, then the claim shall for all purpose be
deemed to have been abandoned and shall not thereafter be recoverable hereunder.
8. If a claim is in any respect fraudulent, or if any false declaration is made or used in support thereof, or if any
fraudulent means or devices are used by the Insured or anyone acting on his behalf to obtain any benefit under
this Policy, or if a claim is made and rejected and no action or suit is commenced within three months after
such rejection, or, in case of arbitration taking place as provided therein, within three months after the
Arbitrator or Arbitrators or Umpire have made their award, all benefit under this Policy shall be forfeited.
9. Upon settlement of any claim, the Company shall have right to take over the salvage and be subrogated by the
Insured of his legal rights and remedies available against any negligent known third party(ies).
10. If at the time any claim arises under this Policy there be any other insurance covering the same loss, damage or
liability, the Company shall not be liable to pay or contribute more than their rateable proportion of any claim
for such loss, damage or liability.
11. This insurance may be terminated at any time at the request of the Insured, in which case the Company will
retain the premium calculated at the customary short period rate for the time the Policy has been in force. This
insurance may also at any time be terminated at the option of the Company by 15 days notice to that effect
being given to the insured, in which case the Company shall be liable to repay on a rateable proportion of the
premium for the unexpired term from the date of the cancellation.
Page 33 of 47
SECTION I - EQUIPMENT
SCOPE OF COVER:
The Company hereby agrees with the insured (subject to the exclusions and conditions contained herein or endorsed
hereon) that if at any time during the period of insurance stated in the Schedule or during any subsequent period for
which the insured pays and the Company may accept the premium for the renewal of this Policy, the items or any part
thereof entered in the Schedule shall suffer any unforeseen and sudden physical replacement, the Company will
indemnify the insured in respect of such loss or damage as hereinafter provided by payment in cash, replacement or
repair (at their own option) upto an amount not exceeding in any one year of insurance in respect of each of the items in
the Schedule the sum set opposite thereto and not exceeding in all the total sum expressed in the Schedule as insured
hereby.
In respect of the parts mentioned under i) and j) above the Company shall be liable to provide compensation in the event
that such parts are affected by an indemnifiable loss of or damage to the insured items.
1. SUM INSURED :
It is a requirement of this insurance that the Sum Insured on the property insured reflects the replacement or
reinstatement cost of the property of the same kind and capacity including freight, dues and custom duties, if any, and
erection costs
2. BASIS OF INDEMNITY :
a) In cases where damage to an insured item can be repaired the Company will pay expenses
necessarily incurred to restore the damaged machine to its former state of serviceability plus the
cost of dismantling and re-erection incurred for the purpose of effecting the repairs as well as
ordinary freight to an from a repair-shop, customs duties and dues, if any, to the extent such
expenses have been included in the Sum Insured. If the repairs are executed at a workshop owned
by the Insured, the Company will pay the cost of materials and wages incurred for the purpose of
the repairs plus a reasonable percentage to cover overhead charges.
No deduction shall be made for depreciation in respect of parts replaced, except those with
limited life but the value of any salvage will be taken into account. If the cost of repairs as
detailed hereinabove equals or exceeds the actual value of the machinery insured immediately
before the occurrence of the damage, the settlement shall be made on the basis provided for in (b)
below.
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In case where an insured item is destroyed the Company will pay the actual value of the item
immediately before the occurrence of the loss, including costs for ordinary freight, erection and
customs duties , if any, provided such expenses have been included in the sum insured, such
b) actual value to be calculated by deducting proper depreciation from the replacement value of the
item. The Company will also pay any normal charges for the dismantling of the machinery
destroyed, but the salvage will be taken into account.
Any extra charges incurred for overtime, night-work, work on public holidays, express freight,
are covered by this insurance only if especially agreed to in writing. In the event of the Maker’s
drawings, patterns and core boxes necessary for the execution of a repair not being available, the
Company shall not be liable for the cost of making any such drawings, patters and core boxes.
The cost of any alterations, improvements or overhauls shall not be recoverable under this policy.
The cost of any provisional repairs will be borne by the Company if such repairs constitute part of
the final repairs, and do not increase the total repair expenses.
Condition of Average
If the sum insured is less than the amount required to be insured as per Provision –1
hereinabove, the Company will pay only in such proportion as the sum insured bears to the
amount required to be insured. Every item, if more than one, shall be subject to this condition
separately.
The Company will make payments only after being satisfied, by production of the necessary bills
and documents, that the repairs have been effected or replacements have take place, as the case
may be.
3. WARRANTY :
It is warranted that the maintenance agreement in force at the inception of this policy is maintained during the currency
of this policy and no variation in the terms of the agreement shall be made without the written consent of the Company
being obtained.
For the purpose of this warranty, the word “Maintenance” shall mean the following :
a. Safety checks,
b. Preventive maintenance,
c. Rectification of loss or damage or faults arising from normal operation as well as from ageing.
Page 35 of 47
EXCLUSIONS
Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed
as follows:-
a) This policy does not insure loss, damage, destruction, distortion, erasure, corruption or alteration of ELECTRONIC
DATA from any cause whatsoever (including but not limited to COMPUTER VIRUS) or loss of use, reduction in
functionality, cost, expense of whatsoever nature resulting therefrom, regardless of any other cause or event
contributing concurrently or in any other sequence to the loss.
ELECTRONIC DATA means facts, concepts and information converted to a form useable for communications,
interpretation or processing by electronic and electromechanical data processing or electronically controlled
equipment and includes programmes, software and other coded instructions for the processing and manipulation of
data or the direction and manipulation of such equipment.
COMPUTER VIRUS means a set of corrupting, harmful or otherwise unauthorized instructions or code including a
set of maliciously introduced unauthorized instructions or code, programmatic or otherwise, that propagate
themselves through a computer system or network of whatsoever nature. COMPUTER VIRUS includes but is not
limited to “Trojan Horses”, “worms” and “time or logic bombs”.
b) However, in the event that a peril listed below results from any of the matters described in paragraph a) above, this
Policy, subject to all its terms, conditions and exclusions, will cover physical damage occurring during the Policy
period to property insured by this Policy directly caused by such listed peril.
Listed Perils
Fire
Explosion
Notwithstanding any provision to the contrary within the Policy or any endorsement thereto, it is understood and agreed
as follows:-
Should electronic data processing media insured by this Policy suffer physical loss or damage insured by this Policy,
then the basis of valuation shall be the cost of the blank media plus the costs of copying the ELECTRONIC DATA from
back-up or from originals of a previous generation. These costs will not include research and engineering nor any costs
of recreating, gathering or assembling such ELECTRONIC DATA. If the media is not repaired, replaced or restored the
basis of valuation shall be the cost of the blank media. However this Policy does not insure any amount pertaining to the
value of such ELECTRONIC DATA to the Assured or any other party, even if such ELECTRONIC DATA cannot be
recreated, gathered or assembled.
Page 36 of 47
Personal Accident Section
Additional Definitions
The following Additional Definitions shall apply to the whole of this Section and that wherever these words appear within this Section starting with a
capital letter shall bear the same meaning throughout this section.
Accumulation limit the maximum liability of the Company stated in the Schedule in respect of one or more
Insured persons for all Compensation payable arising out of any one accident or series of
accidents consequent upon one original cause and the individual benefits shall be reduced
proportionately until the total does not exceed this limit.
Annual salary salary at the time of the accident added to the average bonus and overtime payments received
during the previous twelve months.
Bodily injury physical injury including death occasioned by violent external and visible means.
Business journey any trip in connection with the Business of the Policyholder which start from the time of leaving
home or normal place of Business (whichever is left last) and continue until arrival back at home
or normal place of Business (whichever is reached first) but not last for longer than six months.
A Business journey may include non-business activities for up to ten consecutive days when
incidental to a business trip. A Business journey does not include any trip within the
United Arab Emirates for an Insured Person who is a United Arab Emirates resident unless
the Insured person has pre-booked paid accommodation on a Business journey for at least one
night or a flight on a commercial airline.
Compensation the amount shown in the Schedule in respect of each Insured event.
Excluded activities big game hunting BMX stunt riding bob sleighing boxing bungee jumping mountain climbing
canyoning gliding go karting gymnastics hang gliding heli-sking high diving (other than from a
purpose built diving board over a man made swimming pool) horse riding hot air ballooning
jousting kite surfing martial arts micro-lighting motorcycling motor rallies or competitions outdoor
endurance outward bound courses racing of any kind paragliding para-sailing parascending safaris
(with guns) potholing or other underground activities racing of any kind (except for racing on foot)
sailing offshore scuba/snuba diving (below 30 metres) show jumping skydiving/parachuting sky
surfing snowboarding (without a leash) speed or endurance contests of any kind stunt events water
ski jumping white water rafting winter sports wrestling.
Insured events 1 Death
2 Total and permanent loss of or loss of use of one or more limb(s)
3 Total and irrecoverable loss of sight in one or both eyes or permanent total loss of
hearing in one or both ears or permanent loss of speech
4 Permanent total disablement occurring within twenty four months of the happening of
the accidental Bodily injury
5 Temporary total disablement.
Insured person(s) those persons shown in the Schedule aged between 18 and 70.
Loss of hearing Permanent and total loss of hearing in one or both ears
Loss of limbs in the case of a lower limb loss by physical severance of each and every toe through or above the
metatarso phalangeal joints or permanent total loss of use of an entire leg or foot
1 in the case of an upper limb loss by physical severance of the entire four fingers through or
above the metacarpo phalangeal joints or permanent total loss of use of an entire arm or hand.
Loss of sight permanent and total loss of sight having occurred
(a) in both eyes if the Insured person’s name is added to the Register of Blind Persons on the
authority of a fully qualified ophthalmic specialist
(b) in one eye if the degree of sight remaining after correction is 3/60 or less on the Snellen
Scale (meaning seeing at 32 feet what the Insured person should see at 60 feet)
Loss of speech permanent and total loss of the power of speech.
Medical expenses expenses necessarily incurred by the Insured person for medical hospital surgical manipulative
massage therapeutic X-ray or nursing treatment including the cost of medical supplies and
ambulance hire following accidental Bodily injury.
Operative time either 1 or 2 below as stated in the Schedule:
1 at any time
2 whilst on a Business journey.
Permanent lasting not less than one year and then being beyond hope of improvement or disablement lasting
less than one year which at the Company’s discretion is beyond hope of improvement.
Permanent total disablement disablement that entirely prevents the Insured person from attending to their usual business or
occupation.
Temporary total disablement disablement that temporarily prevents the Insured person from attending to their usual business or
occupation.
Page 37 of 47
Cover
In the event of the Insured person sustaining accidental Bodily injury which occurs within the Operative time during the Period of Insurance and
which independently of any other cause results in Insured events 1, 2, 3 or 4 as stated in the Schedule the Company shall pay to the Policyholder
the amount stated in the Schedule as Compensation. In addition the Company will pay Medical expenses incurred in connection with the accidental
Bodily injury up to:
(a) a limit of 15% of the total amount of any claim admitted under Insured events 1, 2, 3 and 4 but not exceeding a maximum amount of
AED 15,000 in respect of any one Insured person
(b) a limit of 15% of the total amount of any claim admitted under Insured event 5
subject to the terms Additional Exclusion and Conditions of this Section and the General Exclusions limitations and Conditions of the Policy.
Additional Exclusions
This Section does not cover:
2. Compensation in respect of Insured event 5 for the initial period of disablement stated in the Schedule
3. sickness (physical or mental) disease or any naturally occurring condition or degenerative process
4. Bodily injury directly or indirectly caused by pregnancy or childbirth.
Additional Conditions
Compensation Compensation as payable by the Company under Insured event 5 shall not exceed the average
weekly wage/salary (including where applicable average bonuses and overtime payments) of the
Insured person.
Further liability Other than as mentioned in paragraph 1 of the Compensation condition no further liability to make
any payment shall fall on the Company after a claim under any of Insured events 1 to 4 has been
paid.
Information All necessary information certificates and evidence required by the Company must be supplied at
the Policyholder’s expense and shall be in such form and of such nature as the Company shall
prescribe.
Medical examinations The Insured person must submit to medical examination at the Company’s expense as required. In
the event of the Insured person’s death the Company will be entitled if it so desires to have a
post-mortem examination at it’s own expense.
Weekly benefits Weekly benefits shall not be payable for more than fifty two weeks from the date of
commencement of disablement in respect of any one accident.
Additional Coverages
Additional Coverages shall be subject otherwise to the terms Additional Exclusions and Conditions of this Section and the General Exclusions
limitations and Conditions of the Policy.
Disappearance If an Insured person has been missing for a period of 180 consecutive days and there is sufficient
evidence to support the conclusion that death has been caused by accidental Bodily injury that
Insured person will be presumed to have died. In the event that the Insured person is
subsequently found to be alive any Compensation already paid shall be repaid to the Company
Exposure The Definition of Bodily injury is extended to include physical injury including death as a result of
unavoidable exposure to the elements following an accident to a conveyance in which the Insured
person is travelling.
Page 38 of 47
Endorsements
The following shall be applicable if stated in the Schedule as operative and shall be subject otherwise to the terms Additional Exclusions and
Conditions of this Section and the General Exclusions limitations and Conditions of the Policy.
Permanent partial Disablement The Compensation amount relating to Insured events – 2, 3 & 4 shall be subject to the following Scale of
Permanent partial disablement – Continental Scale
For forms of Permanent partial disablement not specified below the degree of disability will be assessed by
comparison with the percentage shown in the Scale without taking into account the Insured person’s
occupation
Head
Loss of osseous substance of the skull in all its thickness
Surface of at least 6 sq. cm 40%
Surface of 3 to 6 sq. cm 20%
Surface of less than 3 sq. cm 10%
Partial removal of the lower jaw rising section in its entirety or half of the
maxillary bone 40%
Loss of one eye 40%
Complete deafness in one ear 30%
Upper limbs
See Note 1 (The following benefits are
to be reversed if the Insured
person is left handed)
Right Left
Loss of one arm or one hand 60% 50%
Considerable loss of osseous substance of the arm (definite and 50% 40%
incurable lesion)
Total paralysis of the upper limb (incurable lesion of the nerves) 65% 55%
Total paralysis of the circumflex nerve 20% 15%
Shoulder anchylosis 40% 30%
Elbow anchylosis
In favourable position (15 degrees round the right angle)
25% 20%
In unfavourable position 40% 35%
Extensive loss of osseous substance of the two bones of the forearm
(definite and incurable lesion)
40% 30%
Total paralysis of the median nerve 45% 35%
Total paralysis of the radial nerve at the torsion cradle
40% 35%
Total paralysis of the forearm radial nerve 30% 25%
Total paralysis of the cubital nerve 30% 25%
Total paralysis of the hand radical nerve 20% 15%
Total paralysis of the cubital nerve 30% 25%
Anchylosis of the wrist in favourable position (flexion or strained
extension or supine position)
30% 25%
Total loss of thumb 20% 15%
Partial loss of the thumb (ungula phalanx) 10% 5%
Total anchylosis of the thumb 20% 15%
Total amputation of a forefinger 15% 10%
Amputation of two phalanges of the forefinger 10% 8%
Simultaneous amputation of the thumb and the forefinger
15% 25%
Amputation of the thumb and a finger other than the forefinger
25% 20%
Amputation of two fingers other than the thumb and the forefinger
12% 8%
Amputation of three fingers other than the thumb and the forefinger
20% 15%
Amputation of four fingers including the thumb
40% 35%
Page 39 of 47
Amputation of median finger 10% 8%
Amputation of a finger other than the thumb the forefinger and
median 7% 3%
Lower limbs
Amputation of thigh (upper half) 60%
Amputation of thigh (lower half) and leg 50%
Total loss of foot (tibio-tarsal disarticulation) 45%
Partial loss of foot (sub-ankle-bone disarticulation)
40%
Partial loss of foot (medio-tarsal disarticulation)
35%
Partial loss of foot (tarso-metatarsal disarticulation)
30%
Total paralysis of lower limb (incurable nerve lesion)
60%
Complete paralysis of the external poplitic sciatic nerve
30%
Complete paralysis of the internal poplitic sciatic nerve
20%
Complete paralysis of two nerves (internal and external poplitic
sciatic nerve) 40%
Anchylosis of the hip 40%
Anchylosis of the knee 20%
Loss of osseous substance from the thigh or both bones of the leg
(incurable condition) 60%
Loss of osseous substance of the knee-pan with considerable
separation of the fragments and considerable difficulty of
movements in stretching the leg
40%
Loss of osseous substance of the knee-pan while the movements are
preserved 20%
Shortening of the lower limb by at least 5 cm 30%
Shortening of the lower limb by 3 to 5 cm 20%
Shortening of the lower limb by 1 to 3 cm 10%
Total amputation of all the toes 25%
Amputation of four toes including the big toe 20%
Amputation of four toes 10%
Anchylosis of the big toe 10%
Amputation of two toes 5%
Amputation of one toe other than the big toe 3%
Anchylosis of the fingers (other than the thumb and the forefinger) and of the toes (other than the big
toe) shall only entitle the Insured person to 50% of the Compensation which would be due for the
loss of the said members.
NOTE 1. If the Insured Person is left-handed AND PRIOR TO ANY ACCIDENT COVERED
HEREUNDER HAS SPECIFICALLY MENTIONED THIS ON A WRITTEN DECLARATION ON
FILE WITH UNDERWRITER OR THEIR REPRESENTATIVE, the percentages set out
above for the various disabilities of the right upper limb and left upper limb will be transposed.
Terrorism Notwithstanding anything contained within the General Exclusions to the contrary it is understood and
agreed that the insurance hereby extends to cover accidental Bodily injury caused by Terrorism as stated in
the General Definitions provided that the Company’s limit of Compensation under this Section and the Limit
of liability under the Business Travel Section (if insured) shall not exceed the amount stated in the
Schedule for any one occurrence and in the aggregate during any one Period of Insurance in respect of
this Section and the Business Travel Section (if insured) combined.
Page 40 of 47
Money Section
Additional Definitions
The following Additional Definitions shall apply to the whole of this Section and that wherever these words appear within this Section starting with a
capital letter shall bear the same meaning throughout this section.
2 the Policyholder or any partner director or employee of the Policyholder entrusted with
Money is in the Policyholder’s Premises or at the contract sites.
Situation 1 in transit
2 in bank night safes and subsequently within the bank premises until at bank’s risk
4 in the homes of the Policyholder or any partner director or employee of the Policyholder
Cover
The Company agrees to indemnify the Policyholder during the Period of Insurance against
1 Damage to Money
2 Damage to
(a) any safe strongroom or franking machine
(b) any container or waistcoat whilst being used for carrying Money
as a result of theft or attempted theft of Money unless such cost is more specifically insured
(c) clothing personal effects and personal Money belonging to the Policyholder or any partner director or employee of
Policyholder resulting from an assault in an attempt to steal Money
occurring in the Situation subject to the terms Additional Exclusions and Conditions of this Section and the General Exclusions limitations and
Conditions of the Policy.
Additional Exclusions
Excluded causes:
1 loss resulting from the use of any form of payment which proves to be counterfeit false fraudulent invalid uncollectable or irrecoverable for any
reason
2 loss or shortage arising from fraud or dishonesty of any employee of the Policyholder
(a) unless discovered within seven working days after its occurrence
3 loss resulting directly or indirectly from forgery fraudulent alteration substitution fraudulent use of a computer or electronic transfer
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4 loss arising from fraudulent use of Business credit or charge cards
5 loss resulting from a safe or strongroom being opened by a key left on the Premises out of Business hours
6 loss or shortage due to errors or omissions in receipts payments or accountancy depreciation or currency fluctuations
8 loss resulting from an unattended vehicle (being a vehicle with no person in charge keeping it under observation and able to observe any attempt
by anyone to interfere with it with a reasonable prospect of preventing any unauthorised interference)
Additional Conditions
Carryings condition It is a condition precedent to Cover that when Money (other than crossed cheques crossed
girocheques crossed bankers drafts crossed giro drafts crossed postal and crossed money orders
national savings certificates premium bonds unexpired units in franking machines stamped national
insurance cards credit card sales vouchers debit card sales vouchers bills of exchange VAT
purchase invoices) is in transit
1 by the Policyholder’s own employees
(a) up to AED 200,000 it shall be accompanied at all times by at least one responsible
able bodied employee
(b) up to AED 500,000 but in excess of AED 200,000 it shall be accompanied at all
times by at least two responsible able bodied employees
(c) up to AED 2,000,000 but in excess of AED 500,000 it shall be accompanied at all
times by at least three responsible able bodied employees
Company’s liability The liability of the Company in respect of any single loss of crossed cheques crossed bankers
drafts crossed postal and crossed money orders unexpired units in franking machines stamped
national insurance cards credit card sales vouchers debit card sales vouchers bills of exchange shall
not exceed AED 50,000
(c) any other single loss of such Money shall not exceed the amount stated in the
Schedule
3 (a) any safe strongroom or franking machine shall be the cost of repair or replacement
(b) any container or waistcoat being used for carrying Money shall be the cost of repair
or replacement
4 clothing personal effects and personal Money shall not exceed AED 500 any one loss per
person
Contract with security company In the event of the Policyholder entering into a contract with a professional security company for
transport of Money and the security company under the terms of the contract is liable for any
losses if any losses occur for which the Policyholder is unable to recover from the security
company for any reason either in part or in full then the Company will indemnify the Policyholder
for any unrecoverable amount subject to the terms Exclusions limitations and Conditions of this
Section and of the Policy.
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Precautions The Policyholder shall take all reasonable measures for the safety of the Money including the
selection and supervision of employees.
Records The Policyholder shall keep a complete record of Money in the Situations and such record shall be
kept in a place other than in a safe or strongroom containing Money.
Additional Coverages
Business credit or charge cards Notwithstanding anything contained in Excluded cause 4 the Insurance by this section extends to
cover loss arising from fraudulent use of Business credit or charge cards for an amount not
exceeding AED 500 in respect of any one incident or series of incidents arising from the use of one card
Provided that the terms and conditions under which the said card is issued are observed.
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Fidelity Guarantee Section
Additional Definitions
The following Additional Definitions shall apply to the whole of this Section and that wherever these words appear within this Section starting with a
capital letter shall bear the same meaning throughout this section.
Employees those persons stated in the Schedule who are under a contract of service and are in
uninterrupted regular employment with the Policyholder within the United Arab Emirates.
Loss direct pecuniary loss of money securities or other property owned by the Policyholder or for
which they are legally responsible.
Cover
The Company agrees to indemnify the Policyholder against Loss sustained by the Policyholder during the continuance of this
Section of the Policy by reason of any act of fraud or dishonesty by any Employee (with the clear intent of obtaining an improper
financial gain for themselves or any other person intended by them) committed on or after the commencement of this Section of
the Policy subject to the terms Additional Exclusions and Conditions of this Section and the General Exclusions limitations and
Conditions of the Policy.
Additional Exclusions
This Section does not cover:
4. any change in the nature of the Business unless such change is agreed in writing by the Company
5. any Loss committed by a partner of the Policyholder whether acting alone or in collusion with others
6. any Loss where the defaulting Employee can not be identified by name
7. any Loss resulting directly or indirectly from trading or other dealings in securities commodities futures options
currencies foreign exchanges and the like
8. the cost of reproducing any information contained in any lost or damaged manuscripts records accounts microfilms
tapes or other records
9. any expenses incurred by the Policyholder in establishing the existence or the amount of any Loss covered under
this Section
10. unexplained shortages of money securities or other property which cannot be attributed to an employee
11. any Loss brought about by any Employee who to the knowledge of the Policyholder has committed any dishonest
or fraudulent act provided that this Additional Exclusion shall not be deemed to relieve the Company of liability for
Loss occurring prior to the Policyholder obtaining such knowledge.
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Additional Conditions
Accumulation If this Section is continued in force for more than one year the liability of the Company in
respect of any one claim hereunder shall not be accumulated or increased thereby and the
aggregate liability of the Company during any number of years and for any number of losses
forming the basis of any one claim whether under this Section or any similar section or policy
issued in substitution for this Section shall not exceed the aggregate Limit of indemnity.
Alterations Unless the Company shall consent in writing to any alteration the Company shall not be liable to
make any payment hereunder if the nature of the Business of the Policyholder shall be changed or
the precautions and checks for securing accuracy of accounts and stocks are not duly observed.
Automatic reinstatement In the event of the aggregate Limit of indemnity being reduced by any sum or sums paid or
payable as a result of a claim under this Section the Company will reinstate the aggregate limit of
indemnity for Employees not the subject of such claim. Each reinstated amount shall apply only to
acts of fraud or dishonesty committed subsequent to the date of the notification of such claim.
Provided that the Policyholder will pay an additional premium based on the amount by which the
Limit of indemnity would otherwise be reduced.
Cessation of cover on the part of any Immediately following the discovery of an act of fraud or dishonesty on the part of any Employee
Employee the indemnity hereby granted shall be at an end so far as any further act of fraud or dishonesty on
the part of such Employee is concerned
Cessation of the Section This Section shall terminate in its entirety:
1 upon the voluntary liquidation or dissolution of the Policyholder
2 upon the appointment of a receiver trustee or other fiduciary of the property of the Policyholder
or a committee for the dissolution of the Policyholder
whichever first occurs
Company’s liability The liability of the Company in respect of any one Loss shall not exceed:
1 in respect of any Employee the Limit of indemnity stated in the Schedule nor
2 in respect of all Employees the aggregate Limit of indemnity stated in the Schedule.
Deduction Any sum of money which but for the fraud or dishonesty of an Employee would become payable
to the Employee shall be deducted from the amount of the Loss before a claim is made under this
Section.
Discovery period Any Loss must be discovered during the continuance of this Section of the Policy or within twelve
calendar months of the expiration thereof and in the case of death dismissal or retirement of
the Employee within twelve calendar months of such death dismissal or retirement whichever
of these events shall first happen.
Non-Contribution – Legal Liability If at the time of loss of money or goods for which the Insured is legally responsible or at the time a
Claim for such property arises the Insured is or would but for the existence of this Insurance be
entitled to indemnity under any other insurance or to recovery under any guarantee or indemnity
fund the Company shall not be liable except in respect of any excess beyond the amount which
would have been payable under such other insurance guarantee or fund had this insurance not been
effected.
Reduction of Limit Any sum or sums paid or payable to the Policyholder in any Period of Insurance shall reduce the
Limit of indemnity so that the amount in respect of any or all such sum or sums shall not exceed
the Limit of indemnity stated in the Schedule.
System of Check Where a declaration of “System of Check” has been signed by the Policyholder and submitted to
and agreed by the Company the Insurance provided under this Section of the Policy shall be based
on the declared procedures which shall form part of the Policy.
Further the operation and maintenance of the “System of Check” by the Policyholder will be a
precedent to the acceptance of any claim and any material alterations should be reported to the
Company for approval.
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Additional Coverages
Additional Coverages shall be subject otherwise to the terms Additional Exclusions and Conditions of this Section and the General Exclusions
limitations and Conditions of the Policy..
Auditors fees The Company will also indemnify the Policyholder in respect of Auditors' fees incurred with its’
written consent solely to substantiate the amount of Loss up to the limit for Auditors fees shown in
the Schedule.
Replacement If this guarantee is a replacement of a Policy (details of which are stated in the Schedule)
hereinafter called the superseded guarantee expiring at the same time as the commencement of this
Section the Company will pay any loss which would have been recoverable under such superseded
guarantee subject to its terms conditions and limitations but which is not recoverable thereunder
solely by reason of the expiration of the period allowed following expiry in which to discover
losses
Provided always that this Additional Coverage shall not increase the liability of the Company
beyond the Limit of indemnity under this Section or the Limit(s) of indemnity under the
superseded guarantee whichever is the less.
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EXCLUSION APPLICABLE TO ALL SECTIONS
in respect of (ii) to (iv) any fear or threat thereof (whether actual or perceived).
If we allege that by reason of this exclusion, any loss is not covered by this insurance the
burden of proving the contrary shall be upon the Insured
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