Jumat, 25 Januari 2013

Klausul Asuransi Publik Liability

30 DAYS NOTICE OF CANCELLATION CLAUSE

It is hereby and agreed that this policy cannot be cancelled or suspended for, whatever reason without insurance Company giving Insured's broker 30 days written notice of such intention.

 

Advertising Sign and Neon Sign

This Policy is extended to include the Insured's legal liability directly arising from accidents in connection with the Insured's advertising and neon signs located anywhere in the Republic of Indonesia.

 

Fire and Full Explosion Clause

Notwithstanding anything herein contained to the contrary it is hereby understood and agreed that this Policy, subject to its terms, limitations and conditions, extends to cover the Insured's legal liability for Fire and Explosion Damage.

 

Loading and Unloading Clause

It is hereby declared and agreed that this Policy subject otherwise to its terms, exceptions and conditions is extended to indemnify the Insured against legal liability in respect of bodily injury and/or damage to property arising out of and in the course of loading and unloading operations from a stationary vehicle including delivery or collection of the load from or to the vehicle.

 

LOSS NOTIFICATION CLAUSE (30 Days)

Notwithstanding anything contained herein to the contrary it is agreed that this insurance will not be prejudiced by any inadvertent delays, errors or omission in notifying the Company of any circumstances or events giving rise or likely to give rise a claim under this policy.

 

PAYMENT OF PREMIUM WARRANTY (30 Days)

1.                 Notwithstanding the provisions of Article 257 of The Commercial Code ( Kitab Undang-Undang Hukum Dagang ) and notwithstanding anything herein contained to the contrary, and subject only and without prejudice to clause 2 hereinafter set out, it is hereby declared and agreed that it is a condition precedent to liability under this Policy, any Renewal Certificate, Endorsement or Cover Note that any premium due must be paid and actually received in full by the company :

a.                  When the period of insurance is 45 days or more, within thirty ( 30 ) days from the inception date of coverage under the Policy, Renewal Certificate, Endorsement or Cover Note.

b.                 When the period of insurance is LESS than forty thirty ( 30 ) days, within the period of Insurance specified in the Policy, Endorsement, Renewal Certificate or Cover Note.

2.                 In the even any of the above mentioned premium is not paid in full to and received by the Company, as described above in the manner and within the time stipulated above (the "premium warranty period"), the cover under this Policy, any Renewal Certificate, Endorsement or Cover Note shall be deemed to have terminated from the expiry of the premium warranty period and the company shall be discharged from all liability there from but without prejudice to any liability incurred before that date and the company will be entitled to a prorata time on risk premium subject to a minimum 25% the annual premium

ASBESTOS EXCLUSION CLAUSE

It is agreed that this policy shall not apply:

 

A.       To any liability for property damage, personal injury, sickness, disease, occupational disease, disability, shock, death, mental anguish or mental injury at any time arising out of the manufacture or, mining or, use of, sale of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust.

 

B.       To any obligation of the insured to indemnify any party because of damages arising out of such property damage, personal injury, sickness, disease, occupational disease, disability, shock, death, mental anguish or mental injury at any time as a result of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust.

 

C.       To any obligation to defend any suit or claim against the insured alleging personal injury, or property damage and seeking damages, if such suit or claim arises from personal injury or property damage resulting from or contributed to, by any and all manufacture of, mining of, use of, sales of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, asbestos fibers or asbestos dust.

 

Further, should the underlying limit's become impaired or exhausted for claim (s) payment (s) and/or loss adjustment expense (s) excluded by this endorsement, coverage provided by this policy will not drop down over the impaired or exhausted underlying limits, however, the policy will continue to respond for covered claims in excess of the limits stated in the declarations page as underlying.

employees covered and excluded by the declaration as soon as practical.

 

 

 

Fines & Penalties Exclusion

This Policy does not cover liability in respect of fines, penalties or liquidated damages.

 

Professional Liability Exclusion

This insurance does not apply nor do the Insurer has any duty to defend any claim or suit for any liability arising out of the rendering of or the failure to render any "professional services".

 

The term "professional services" as used in this Policy shall include but not be limited to, (1) Medical, surgical, dental, x-ray or nursing service or treatment, or the related; (2) Any other health service or treatment; (3) Any cosmetic or tonsorial service or treatment; or any legal, accounting, advertising, computer programming, testing, consulting, surveying, or architectural service; or (4) Acts or omissions of directors and officers.

 

Punitive & Exemplary Damage Exclusion

This Policy does not cover liability in respect of punitive damages and/or exemplary damages and/or aggravated damages and/or any additional damages resulting from the multiplication of compensatory damages.

 

Silica or Silica Mixed Dust Exclusion

This insurance does not apply to:

Silica or Silica Mixed Dust

 

A.     "Bodily injury", "Property Damage" or "personal and advertising injury" caused directly or indirectly, in whole or in part, by the actual, alleged or threatened inhalation, ingestion, absorption, exposure to, existence of or presence of "silica"; or

B.     Loss, costs or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any manner responding to or assessing the effects of "silica" by any insured or by any other person or entity.

C.     For the purposes of this exclusion, the following definition applies:

"Silica" means:

(1)    Any form of crystalline or non-crystalline (amorphous) silica, silica particles, silica compounds, silica dust or silica mixed or combined with dust or other particles; or

(2)    Synthetic silica, including precipitated silica, silica gel, pyrogenic or fumed silica or silica-flour.

 

WAR AND TERRORISM EXCLUSION ENDORSEMENT ( NMA 2918 )

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by resulting from in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss ;

 

1.     war, invasion, acts of foreign enemies, hostilities or warlike operations ( whether war be declared or not ), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power or

 

2.     any act terrorism .

For the purpose of this endorsement an act of terrorism means 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 organizations (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.

 

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to ( 1 ) and/or ( 2 ) above.

 

If the Underwriters allege by 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 Assured.

 

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

INDONESIAN JURISDICTION CLAUSE

Notwithstanding anything contained to the contrary it is agreed that the indemnity provided herein shall not apply to :

 

(1).

Damages, to which this insurance applies, awarded by judgements delivered or obtained in the first instance other wise than by a Court of Competent Jurisdiction within the Republic of Indonesia.

(2).

Costs and expenses of litigation recovered by any claimant from the Insured which are not incurred in and recoverable in the Republic of Indonesia.

 

Subject otherwise to the terms, conditions and exceptions of this Policy.

 

·          ELECTRONIC DATA RECOGNITION CLAUSE E.D.R.C (A)

This Insurance does not cover any loss, damage, cost, claim or expense, whether preventative remedial or otherwise, directly or Indirectly arising out of or relating to:

 

the calculation, comparison, differentiation, sequencing or processing of data involving the date change to the year 2000, or any other date change including leap year calculations, by any computer system, hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the Insured or not, or

Any change, alteration, or modification involving the date change to the year 2000 or any other date change including leap year calculations, to any such computer system hardware, program or software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or not.

 

This clause applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss, damage, cost claim or expense

 

·          PROPERTY DAMAGE CLARIFICATION CLAUSE

Property damage covered under this Agreement shall mean physical damage to the substance of property.

Physical damage to the substance of property shall not include damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure.

 

Consequently the following are excluded from this Agreement:

 

Loss of or damage to data or software, in particular any detrimental change in data, software or computer programs that is caused by a deletion, a corruption or a deformation of the original structure, and any business interruption losses resulting from such of loss or damage. Notwithstanding this exclusion, loss of or damage to data or software which is direct consequence of insured physical damage to the substance of property shall be recovered.

 

Loss or damage resulting from an impairment in the function, availability, range of use or accessibility of data, software or computer programs and any business interruption losses resulting from such loss or damage.

 

·          INFORMATION TECHNOLOGI HAZARDS CLARIFICATION CLAUSE ( N.M.A 2912 )

Losses arising, directly or indirectly, out of :

 

(a)    loss of, alteration of, or damage to

or

(b)   a reduction in the functionality, availability or operation of

 

A computer system, hardware, programmed, software, data, information repository, microchip, integrated circuit or similar device in computer equipment or non computer equipment, whether the property of the policyholder of the reinsured or not, do not in and of themselves constitute an event unless arising out of one or more of the following perils:

 

Fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freeze or weight of snow.

 

·          TERRORISM EXCLUSION ENDORSEMENT ( NMA 2920 )

Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by resulting from in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss;

 

For the purpose of this endorsement an act of terrorism means 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 organizations (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.

 

This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism.

 

If the Underwriters allege by 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 Assured.

 

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

 

 

 

·          ELECTRONIC DATA ENDORSEMENT B ( CYBER EXCLUSION CLAUSE )

1.     Electronic Data Exclusion

 

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 from 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

 

2.           Electronic Data Processing Media Valuation

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 cannot be recreated, gathered or assembled.

 

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