Whereas the Insured described in the
Schedule hereto (hereinafter called "the Insured") has delivered to
MASTER ASURANSI INDONESIA
(Herein after called "the Company")
a Proposal and Declaration in writing
dated as stated in the Schedule (which Proposal and Declaration are to be the
basis of and to form part of this contract) for the insurance hereinafter
expressed.
This Policy With nessth, in consideration
of the Insured having paid to the Company the first premium stated in the
Schedule, that if at any time during the period of insurance
a. any of the property
described and included in the schedule shall be lost by Theft consequent on and
connected with visible violent forcible entry to the premises described in the
Schedule or
b. any damage shall be
done to such property or any part thereof or any damage falling to be borne by
the Insured shall be done to the said premises caused by Theft consequent on
and connected with visible violent forcible entry to such premises
The Company agrees to pay to the Insured
the amount of or to make good all such loss or damage up to the Total Sum
Insured stated in the Schedule hereto, but not exceeding in the aggregate the
Total Sum Insured in any one period of insurance.
Provided that the insurance by this
Policy is subject to the terms, exceptions and conditions contained herein and
in any endorsements made hereon and that the observance and fulfilment by the
Insured of such terms and conditions shall be a condition precedent to any
liability of the Company hereunder.
Exceptions
1. Unless
otherwise expressly stated in the Policy, this Insurance does not cover:
a. 1. Property held in trust or on
commission.
2. Bullion or unset precious stones.
3. Any curiosity or work of art.
4. Manuscripts, plans, drawings, or
design patterns, models or moulds.
5. Securities, obligations, or
documents of any kind, stamps, coined or paper money, cheques, books of account
or other business books.
6. Gold or silver articles, watches,
or jewellery.
7. Motor Vehicles and accessories.
8. Livestock.
b. Loss or damage whilst the premises
are lent, let or sublet.
c. Loss or damage to Plate Glass,
which can be insured under a Plate Glass insurance policy.
d. Loss or damage where any of the
Insured's family, business staff (whether employed on a salary or on
commission, or as a part-time servant), or domestic servants, or any person
lawfully on the premises, is concerned as principal or accessory.
e. Consequential Loss of any kind
whatsoever.
2. This
insurance does not cover any loss or damage which either in origin or extent is
directly or indirectly, proximately or remotely, occasioned by or contributed
to by any of the following occurrences, or which, either in origin or extent
directly or indirectly, proximately or remotely, arises out of or in connection
with any of such occurrences namely :
a. Fire or explosion of any kind
whatsoever.
b. Earthquake (whether from mining
operations or otherwise), volcanic eruption or other convulsion of nature.
c. Typhoon, hurricane, tornado,
cyclone, or other atmospheric disturbance.
d. War, invasion, act of foreign
enemy, hostilities or warlike operations (whether war be declared or not),
civil war.
e. Mutiny, riot, military or popular
rising, insurrection, rebellion, revolution, military or usurped, martial law
or stage of siege, or any of the events or causes which determine the
proclamation or maintenance of martial law or state of siege, or any of the
events or causes which determine the proclamation or maintenance of martial law
or state of siege, or loot, sack or pillage in connection therewith, or
sabotage.
f. Confiscation, nationalization,
requisition or wilful destruction by any Government, Public, Municipal, Local
or Customs Authority.
g. Atomic nuclear reaction.
Any loss or damage happening during the existence of
abnormal conditions (whether physical or otherwise) directly or indirectly,
proximately or remotely, occasioned by or contributed to by or arising out of
or in connection with any of the said occurrences shall be deemed to be loss or
damage which is not covered by this insurance, except to the extent that the
Insured shall prove that such loss or damage happened independently of the
existence of such abnormal conditions. In any action, suit or other proceeding
where the Company alleges that by reason of the provisions of this exception
any loss or damage is not covered by this insurance, the burden of proving that
such loss or damage is covered shall be upon the Insured.
Conditions
1. This
Policy and the Schedule 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 shall bear such specific meaning wherever it may
appear.
2. If
in the Proposal or Declaration, or any statement made for the renewal of this
Insurance, or in connection with a claim here-under, there be any material miss-description
of any of the property hereby insured, or of any building or place in which such
property is contained, or any misrepresentation as to any fact material to be
known for estimating the risk, or any omission to state such fact, the Company
shall not be liable under this Policy.
3. The
Insured shall at all times take all reasonable precautions for the safety of
the property hereby insured as regards the selection and supervision of
business staff, or servants, and securing of doors and windows and other means
of entrance to the premises and otherwise.
4. No
payment in respect of any premium shall be deemed to be payment to the Company
unless a printed form of receipt for the same signed by an Official or duly
appointed Agent of the Company shall have been given to the Insured.
5. The
Insured shall give notice to the Company of any insurance or insurances already
effected, or which may subsequently be effected, covering any of the property
hereby insured, and unless such notice be given and the particulars of such
insurance or insurances be stated in or endorsed on this Policy by or on behalf
of the Company before the occurrence of any loss or damage, all benefit under
this Policy shall be forfeited.
6. Under
any of the following circumstances, the Insurance ceases to attach :
a. 1. As to any Bullion, unset Precious
Stones, Curiosity, Work of Art, Gold or Silver Articles, Jewellery, Watches and
other Valuables specifically insured under this Policy, if the within mentioned
building containing the property insured become unoccupied and so remain for a
period of more than six consecutive days and nights at any time.
2. As to
(i) any Household Goods and Personal
Effects of every description insured by the Policy.
(ii) the Premises.
if the within-mentioned building containing the
property insured become unoccupied and so remain for a period of more than
thirty consecutive days and nights or periods amounting in all to more than
sixty days and nights in any calender year.
b. 1. As to any property insured other
than that described under sub (a)1 and (a)2 above, if the within mentioned
building containing the property insured become unoccupied and so remain for a
period of more than six consecutive days and nights, for as long as the said
building be left unoccupied in excess of the period stated above;
2. As to any property insured which
shall be removed to any building or place other than the premises described in
the Schedule;
3. If at any time during the currency
of this Policy any change shall occur materially varying any of the facts
existing at the date of the proposal or otherwise materially affecting the risk
assumed by the Company hereunder;
4. If the interest in the property
insured pass from the Insured otherwise than by Will or Operation of Law;
Unless the Insured, before the occurrence of any loss
or damage, obtains the sanction of the Company signified in writing or by
endorsement upon the Policy by or on behalf of the Company and has, where
required, paid the additional premium.
7. This
insurance may be terminated at any time 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
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. The Insured shall conclusively be
deemed to have received notice from the Company as a foresaid, if such notice
is contained letter addressed to the Insured at his last known address, which
letter, if sent by post, shall conclusively be deemed to have been delivered at
the time when such letter should have reached the said address in due course of
post.
8. On
the happening of any loss or damage the Insured shall forthwith give notice
thereof to the Company, detailing the circumstances of the case, and shall
within seven days after the loss or damage shall come to his knowledge, or such
further time as the Company may in writing allow in that behalf, and at his own
expense deliver to the Company.
a. a claim in writing for the loss and damage containing
as particular an account as may be reasonably practicable of all the several
articles or items of property loss or damaged, and of the amount of the loss or
damage thereto respectively, having regard to their value at the time of the
loss or damage, not including profit of any kind, and also of the damage (if
any) to the premises.
b. particulars of all other insurance, if any. The
Insured shall also at all time and at his own expense produce, procure and give
to the Company all such further particulars, plans, specifications, books of
account, vouchers, invoices, duplicates or copies thereof, documents, proof and
information with respect to the claim and the circumstances under which the
loss or damage occurred, and any matter touching the liability or the amount of
the liability of the Company as may be reasonably required by or on behalf of
the Company and he shall be bound to satisfy the Company by such reasonable
evidences as it may require that the loss or damage claimed for has actually
arisen from the causes insured against and that the property in respect of
which a claim is made, is not merely mislaid or missing. Unless expressly
accepted by the Company, the evidence of the Insured himself, uncorroborated by
other material evidence support of any claim, shall not be sufficient proof to
the Company of any loss or damage under this Policy.
9. The
Insured, upon becoming aware of any loss or damage in respect of which a claim
is or may be made, shall immediately report such loss or damage to the nearest
Police station and shall, at his own expense, take all practicable steps to
discover the person or persons by whom the property was damaged or stolen or the
premises were damaged, and to prosecute him or them and to obtain his or their
conviction for the offence or to have him or them prosecuted and his or their
conviction for the offence obtained and shall endeavour to trace and recover
the property stolen.
10. If
the claim be in any respect fraudulent, or if any false declaration be 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 the loss or damage be occasioned by the wilful act, or with the
connivance of the Insured; or if the claim be made and rejected and an
action or suit be not commenced within
three months after such rejection, or (in the case of an arbitration taking
place in pursuance of the 15th Condition of this Policy) within three months
after the Arbitrator or Arbitrators or Umpire shall have made their award, all
benefit under this policy shall be forfeited.
11. The
Company may at any time instead of paying the amount of the loss or damage
replace or make good any of the property lost or damaged or the premises
damaged, but in so doing shall not be bound to replace or reinstate any of such
property or premises exactly and completely; but only to do so substantially as nearly as circumstances permit, and the
Company may join with other insurers, if any in replacing or reinstating the
same. Upon payment for or replacing any property lost, the property lost, if
recovered, shall belong to the Company, subject to the Insured's right to
reclaim it upon repayment to the Company of the amount paid by the Company in
respect of such property.
12. The
Insured and any claimant under this Policy shall, at the expense of the
Company, do and concur in doing and permit to be done all such facts and things
as may be necessary or reasonably required by the Company for the purpose of
enforcing any rights and remedies or of 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 shall be or become necessary or required before or
after his indemnification by the Company.
13. If
at the time of any loss or damage happening to any property hereby insured,
there be any other subsisting insurance or insurances, whether effected by the
Insured or by any other person or persons, covering the same property, this
Company shall not be liable to pay or contribute more than its rateable
proportion of such loss or damage.
14. If
the property hereby insured shall, at the time of any loss or damage, be
collectively of greater value than the sum insured thereon, then the Insured
shall be considered as being his own insurer for the difference and shall bear
a rateable proportion of the loss accordingly. Every item, if more than one, of
the policy shall be separately subject to this Condition.
15. If
any difference arises as to the amount of any loss or damage, such difference
shall be independently of all other questions be reterred to the decision of an
Arbitrator, to be appointed in writing by the parties in difference, or, if
they cannot agree upon a single Arbitrator, to the decision of two
disinterested persons as Arbitrators, of whom one shall be appointed in writing
by each of the parties within two calender months after having been required so
to do in writing by other party. In case either party shall refuse or fail to
appoint an Arbitrator within two calender months after receipt of notice in
writing requiring an appointment, the other party shall be at liberty to appoint a sole Arbitrator; and in case of
disagreement between the Arbitrators, the difference shall be reffered 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.
The death of any party shall not revoke of affect the
authority or powers of the Arbitrator, Arbitrators or Umpire respectively, and
in the event of the death of an Arbitrator or Umpire, another shall in each
case be appointed in his stead by the party or Arbitrators (as the case may be)
by whom the arbitrator or Umpire so dying was appointed. The costs of the
reference and of the award shall be in the discreation of the Arbitrator,
Arbitrators or Umpire making the award. And 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 amount of the loss or damage, if disputed shall be first obtained.
16. In
no case whatever shall the Company be liable for any loss or damage after the
expiration of twelve months from the happening of the loss or damage, unless
the claim is the subject of pending action or arbitration.
17. In
all cases where this Policy is or becomes void, or has caused to be in force,
under any of the foregoing Conditions, all moneys paid to the Company in
respect thereof will be forfeited, except as provided for in the 7th Condition.
18. Every
notice and other communication to the Company required by these Conditions must
be written or printed.
BURGLARY INSURANCE POLICY - Polis asuransi Kebongkaran
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