Loss of Profit Tariff
Loss of Profit Tariff
FOR
&
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Tariff Advisory Committee
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THE TARIFF ADVISORY COMMITTEE (HEREINAFTER
CALLED THE COMMITTEE) HAS LAID DOWN RULES,
REGULATIONS, ADVANTAGES, TERMS AND
CONDITIONS, AS CONTAINED HEREIN, FOR
TRANSACTION OF MACHINERY LOSS OF PROFITS
INSURANCE BUSINESS IN INDIA IN ACCORDANCE WITH
THE PROVISIONS OF PART II B OF THE INSURANCE ACT,
1938.
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LOSS OF PROFITS INSURANCE
INDEX
Contents Page
3. PROPOSAL FOR
MACHINERY LOSS OF PROFIT INSURANCE - 15-21
4. ENDORSEMENTS - 22
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MACHINERY LOSS OF PROFIT INSURANCE (MLOP) POLICY (OUTPUT BASIS)
Whereas the Insured named in the Schedule hereto has made to the …………………
CO. Ltd. (hereinafter called ‘the Company’) a written proposal by completing a
Proposal cum Questionnaire, which together with any other statements made in
writing by the Insured for the purpose of this Policy is deemed to be incorporated
herein.
Now this Policy witnesses that in consideration of the Insured having paid to the
Company the premium mentioned in the Schedule and also subject to the Terms,
Exclusions, Provisions, Definitions and Conditions contained herein or endorsed
hereon.
The Company hereby agrees with the Insured that if at any time during the period of
insurance stated in the Schedule, the business carried on by the Insured at the
premises specified in the Schedule be interrupted or interfered with in consequence
of an Accident which shall mean sudden and unforeseen physical damage, as
defined in the Machinery Insurance/Boiler and Pressure Plant Insurance Policy of any
machinery specified in the schedule of machinery then the Company shall in respect
of each item in the Schedule indemnify the Insured against the amount of loss as
hereinafter defined resulting from such interruption or interference.
PROVIDED THAT the liability of the Company during any one-year of Insurance shall in
no case exceed in the whole the total Sum Insured hereby or such other sum or sums
as may hereafter be substituted therefore by endorsement signed by or on behalf of
the Company.
PROVIDED ALSO that at the time of happening of an Accident there shall be in force
an insurance covering the machinery described in the Schedule from any accidental
cause indemnifiable under the Standard Machinery Insurance Policy and or Boiler &
Pressure Plant Insurance Policy and in respect of which liability shall have been
admitted or would have been admitted but for the operation of any Excess there
under.
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PROVIDED ALWAYS that 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 the Insured and
the truth of the statements and answer(s) in the proposal shall be conditions
precedent to any liability of the Company.
EXCLUSIONS -
The Company shall not be liable for any loss resulting from interruption of or
interference with the business directly or indirectly attributable to any of the following
causes --
i) Willful act or willful neglect or gross negligence of the insured or his responsible
representatives.
ii) Loss or damage to machinery or other items which are not listed in the list of
machinery insured even if the consequence of material damage to an item
indicated in the list of machinery insured is involved.
iii) Loss or damage caused by any faults or defects existing at the time of
commencement of this insurance within the knowledge of the insured or his
responsible representatives whether such faults or defects were known to the
Company or not.
vi) An extension of the normal repair period for more than 4 weeks on account of -
c) the prohibition to operate the machinery due to import and/or export customs
& other restrictions or by statutory regulations.
a) War, Invasion, Act of foreign enemy, hostilities or War like operations (whether
war be declared or not), Civil War, Rebellion, Revolution, Insurrection, Mutiny,
Riot, Strike, Lockout and Malicious Damage, Civil Commotion, Military or
usurped power, martial law, conspiracy, confiscation, commandeering a
group of malicious person or persons acting on behalf of or in connection with
any political organisation, requisition or destruction or damage by order of any
government de jure or de facto or by any public. Municipal or Local Authority,
an act of terrorism or the action of any lawfully constituted authority in
suppressing or attempting to suppress or minimise the consequences thereof.
CONDITIONS -
a) This Policy and the Schedule(s) shall be read together as one contract and any
word or expression to which a specific meaning has been attached in any part of
this Policy or of the Schedule(s) shall bear such meaning wherever it may appear.
d) The insured shall at his own expense take all reasonable precautions and comply
with all reasonable recommendations of the Company to prevent loss or damage
and comply with statutory requirements and manufacturers’ recommendations.
e) i) 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.
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ii) 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 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 cover provided under this Policy is
confirmed in writing by the Company.
f) The Insured shall be obliged to keep complete records. All records e.g. inventories,
production and balance sheets for the three preceding years shall be held in safe
keeping or as a precaution against their being simultaneously destroyed the
insured shall keep separate sets of such records.
g) In the event of any occurrence, which gives rise to or is likely to give rise to a claim
under this Policy the Insured shall -
ii) do and concur in doing and permit to be done all such things as may be
reasonably practicable to minimize or establish the extent of any interruption
of or interference with the business or to avoid or diminish the loss resulting
therefrom.
iii) as far as may be reasonably practicable without causing any increase in the
period of interruption or interference take precautions to preserve any things
which might prove necessary or useful by way of evidence in connection with
any claim
iv) discontinue the use of any damaged machinery unless the Company
authorize otherwise and the Company shall not be liable in respect of any
further interruption or interference arising out of the continued use of any
damaged machinery without their having given their consent to such use until
said machinery has been repaired to the satisfaction of the insurers
v) in the event of a claim being made under this Policy not later than thirty days
after the expiry of the indemnity period or within such further time as the
Company may allow in writing at his own expense deliver to the Company a
written statement setting forth particulars of his claim together with details of
all other policies covering the accident or any part of it or consequential loss
of any kind resulting therefrom and the insured shall at his own expense also
produce and furnish to the Company such books of accounts and other
business books e.g. invoices, balance sheets and other documents, proofs,
information, explanation and other evidence as may reasonably be required
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by the Company for the purpose of investigating or verifying the claim together
with if required - a statutory declaration of the truth of the claim and of any
matters connected therewith.
No claim under this Policy shall be payable unless the terms of this condition
have been complied with and in the event of non-compliance therewith in
any respect any payment already made on account of the claims shall be
repaid to the Company forthwith.
h) In the event of an accident to any insured machinery likely to give rise to a claim
under this Policy, the Company shall have the right to take over and control all
necessary repairs or replacements.
i) 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 reasonably
required by the Company for the purpose of enforcing any rights or remedies or
obtaining relief or indemnity from other parties to which the Company shall be or
would become entitled or subrogated upon its paying for or making good any loss
or damage under this Policy whether such acts and things are or become
necessary or required before or after his indemnification by the Company
k) If at the time of any accident resulting in a loss under this Policy there be any other
insurance covering the same loss or damage, the Company shall not be liable to
pay more than its rateable proportion of the loss.
l) This insurance may be terminated at the request of the insured in which case the
Company will retain 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 on 7 days notice to that effect being given to the insured, in which
case the Company shall be liable to repay on demand a rateable proportion of
the premium for the unexpired term from the date of cancellation less any
reasonable inspection charges the Company may have incurred.
‘If the sum insured is increased during the currency of the policy -
o) If any dispute or 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 sole Arbitrator, to be appointed
in writing by the parties to or, if they cannot agree upon a single arbitrator within
30 days of any party invoking Arbitration, the same shall be referred to a panel of
three Arbitrators comprising of two Arbitrators-one to be appointed by each of
the parties to the dispute / difference, and the third Arbitrator to be appointed by
such two Arbitrators and arbitration shall be conducted under and in accordance
with the provisions of the Arbitration and Conciliation Act 1996.
p) In no case whatever shall the Company be liable in respect of any claim under
this Policy after the expiry of -
ii) Three months from the date on which payment shall have been made or
liability admitted by the Company covering the Accident giving rise to the said
claim unless the claim is the subject of pending action or Arbitration
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q) Every notice and other communication required by these conditions must be
written or printed.
*****
SCHEDULE
Particular Function Relative Country of Is it under Are you Did the What spare parts or
s of (i.e. Nature Importance manufacture Manufacturer’s aware of Machinery suffer standby do you hold
Machine of work (See Note Name of guarantee? defects in any damage or for the machinery
or Vessel performed) (d)) manufacturer If so, upto what the breakdown in the (See note (b)
(Refer (See Note (c )) date? machiner last three years. If Imported/indigenous
Note (a)) y (If so, so, state the )
please nature of
state breakdown, time
details) taken for repairs
and who carried
out the repairs?
Notes: (a) The Particulars of the machine should be as informative as possible including description, year of
manufacture, type, performance, speed, number
of cylinders, transmission ratio of the gearings, voltage, pressure, temperature, heating surface
Auxiliary equipment such as gearings driving units
and switchgear etc. should be listed separately.
(b) Spare machines should be marked and their sphere of utility indicated.
(c) Any machine of foreign manufacture should be noted, unless their importance from the point of view
of production is negligible.
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(d) Relative importance is the maximum percentage effect which a breakdown of a particular machine
will have on the total gross profit disregarding any loss minimization measures.
(e) In the event of a breakdown state whether production can be maintained and to what extent by:
(f) State whether the machine is prototype or of latest design. Date of last inspection and any defects
noted should be mentioned. Also state whether any special operating media is used.
*****
1. The Insurers should not quote a rate lower than Rs.1.40 even provisionally when
they underwrite new proposals in respect of Fertilizer risks.
2. Policies are normally issued on turnover basis.The policies can be issued on `output'
basis for loss of profits cover following machinery breakdown and/or boiler
explosion only to manufacturers having single end products. For manufacturers
having multiple end products individual proposals must be submitted to Tariff
Advisory Committee for approval before granting LOP cover on `output' basis.
4. With regard to the issuance of MB (LOP) policies in the first year of operation such
proposals will be considered by the Committee on case to case basis and the
rates will be decided by the Committee.
a) At the option of the Insurer, a pro-rata refund of premium may be allowed for the
unexpired term on demand.
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b) At the Insured’s request, refund of premium may be allowed after charging
premium for the time insurance was in force on short period scale as defined in
the All India Fire Tariff subject to the retention of minimum premium by the Insurer.
If the risk is insured under short period scale, refund may be calculated at pro-rata of
the short period scale premium provided such cancellation is followed by an annual
policy for Sum Insured not less than the Sum Insured under cancelled policy.
Otherwise, retention of premium shall be on short period scale.
For the Sum Insured not replaced in the renewed policy after cancellation, refund
must be calculated after charging premium on such sum for the time insurance was
in force on short period scale subject to retention of minimum premium by the Insurer.
For the policy issued or renewed for periods shorter than 12 months, the premium rate
shall be charged as per the short period scales prescribed under CPM Tariff. The short
period scale of rates under CPM Tariff shall also be followed in respect of cancellation
of policies during the currency of the policy by the Insured.
i) 14 days for Power Plants (both captive and public), Fertilizer Plants, Petroleum
Refineries, Petrochemical Plants, Explosive Mfg. Plant.
Insurers may accept 7 days ‘Time Excess’ for all MLOP proposals
for Fertilizer Risks with adequate Reinsurance support.
Note - The Time Exclusion for Boiler will follow the industry in which it is installed.
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8. RATING
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SCHEDULE
(MACHINERY LOSS OF PROFITS INSURANCE)
The Business
The Premises
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Note: Relative importance means the percentage effect which a breakdown of the
particular machine will have on the total gross profit disregarding any loss
minimisation measures.
IN WITNESS WHEREOF the undersigned being duly authorised by the Direcors of the
Company and on behalf of the Company has/have hereunto set his/their hand on this
………….. day of ………… 200..
The cover provided under this Policy shall be limited to loss of gross profit due to (a)
reduction in output and (b) increase in cost of working and the amount payable as
indemnity thereunder shall be
a) In respect of Reduction in output the sum produced by applying the rate of gross profit
to the amount by which the output during the indemnity period shall in consequence
of the damage fall short of the standard output.
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Less any sum saved during the indemnity period in respect of such of the Insured standing
charges as may cease or be reduced in consequence of the damage.
Provided that if the sum insured by this item be less than the sum produced by applying
the date of gross profit to the annual output, the amount payable shall be
proportionately reduced.
DEFINITIONS -
1. GROSS PROFIT -
The sum produced by adding to the Net Profit the amount of the Insured standing
charges or if there be no Net Profit, the amount of the Insured Standing Charges less
such a proportion of any net trading loss as the amount of the Insured Standing
Charges bears to all the Standing Charges of the business.
2. NET PROFIT -
The Net Trading Profit (exclusive of all capital receipts and accretions and all outlay
properly chargeable to capital) resulting from the business of the Insured at the
Premises after due provision has been made for all Standing and Other Charges
including depreciation but before the deduction of any taxation chargeable on
profits.
3. OUTPUT -
The Period not exceeding the indemnity period limit stated in the list of machinery and
plant insured commencing with the occurrence of the accident during which the
results of the business are affected in consequence of such accident provided always
that the insurers are not liable for the amount equivalent to the rate of gross profit
applied to the standard output during the period of time excess (in terms of __ days)
stated in the policy.
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b) Standard Output: which would have affected the
Output during that period in 12 business had damage not occurred
months immediately before the so that the figures thus adjusted shall
date of damage which correspond represent as nearly as may be
to indemnity period. reasonably practicable. The results
which but for the damage would
c) Annual Output: have been obtained during the
The output during 12 months relative period after the accident.
immediately before the date of
damage.
PROVISIONS -
If during the indemnity period goods are sold or services are rendered elsewhere than
at the premises for the benefit of the business either by the Insured or by others acting
on his behalf, the money paid or payable in respect of such sales or services shall be
taken into account in arriving at the turnover during the indemnity period.
The term relative importance referred to in the list of machinery and plant insured shall
be the percentage effect which a breakdown of a particular machine will have on
the total gross profit, disregarding any loss minimizing measures.
If the Insured declares at the latest twelve months after the expiry of any Policy year
that the gross profit earned during the accounting period of twelve months most
nearly concurrent with any period of Insurance as certified by the Insured’s auditors
was less than the sum insured thereon, a pro-rata return of premium not exceeding
one half of the premium paid on such sum insured for such period of Insurance shall
be made in respect of the difference.
If any accident has occurred giving rise to a claim under this Policy, the amount of
such claim shall be added to the revised Gross Profit as certified by the insured’s
auditors before calculating the proportion of return of premium.
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4. MEMO 4 - OVERHAULS –
In calculating the loss, due allowance shall be made for the time spent on any
overhauls, inspections or modifications carried out during any period of interruption.
For the period following the occurrence of an accident up to the end of the Policy
period, the sum insured shall be reinstated by payment of an additional premium on
a pro-rata basis. Such additional premium shall be adjusted against the net claim
amount payable and such premium shall be calculated for that part of the sum
insured, which corresponds to the indemnity, paid. The agreed sum insured shall
remain unaltered.
*****
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PROPOSAL FOR LOSS OF PROFITS INSURANCE
(Following Machinery Breakdown and/or Boiler Explosion)
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4. Give description of the manufacturing __________________________________
process and utility supplies such as __________________________________
power, steam, air ,water etc. required for __________________________________
production. __________________________________
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9. State the estimated period of
interruption affecting resumption of __________________________________
normal production, on account of __________________________________
spoilage of materials in process following __________________________________
a breakdown or failure of utility supplies.
10. a) What are your normal working hours? a) _____ hrs. per day
28 days
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a) Interest on Debentures Motor Upkeep
and Licenses:
c) Water Charges
e) Remuneration
i) Insurance Premiums
k) Telephone Rentals
m) Traveling Expenses
n) Advertising Cost
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a) Gross Profit under the Loss of profits Policy Sum Insured – Indemnity
(The Gross Profit for the current financial Rs. ____ period -
year to be computed from the last _____ months
annual balance sheet being the Sum of
net profit and Standing Charges with
adjustment for upward or downward
trend of business for the period of
Insurance.)
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a) Name of the Insurer
b) Sum Insured
c) Policy No.
I/WE HEREBY DECLARE AND WARRANT that the above statements are true
and complete and that I/We have withheld no information whatsoever
which is material for the acceptance of this proposal.
I/We agree that this declaration and the answers given above shall be
the basis of the contract between me/us and the Company shall be
deemed to be incorporated in such contract. And that if any untrue
statement be contained therein the said contract shall be absolutely null
and void. I/We undertake to exercise all reasonable and ordinary
precaution for the safety of the machinery and I/We agree to accept
the policy in the form issued by the Company subject to the terms
exceptions and conditions prescribed therein or endorsed on the policy.
Place ________________
Date________________
Signature
Notes –
************
ENDORSEMENTS:
‘It is hereby declared and agreed that the Insured shall bear the amount of loss
as computed hereunder, of each and every admissible claim under the policy -
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ii) In respect of a policy insuring reduction in output, the amount equivalent to
the rate of Gross Profit applied to the Standard Output for ______ days (insert
no. of days excess opted).
First of all loss amount should be calculated and from this assessment of indemnity,
monetary value of the loss for the no. of days excess opted should be deducted’.
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