- If there by any material misdescription 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 Corporation/Company shall not be liable upon this policy so far as it relates to property affected by any such misdescription, misrepresentation or omission.
- No payment in respect of any premium shall be deemed to be payment to the insurer unless a printed form of receipt for the same signed by an Official or duly authorized person of the insurer shall have been given to the insured.
- The insured shall give notice to the Corporation/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 Corporation/Company before the occurrence of any loss or damage, all benefit under this policy shall be forfeited.
- All insurance under this Policy
(1) on any building or part of any building,
(2) on any property contained in any building,
3) on rent or other subject matter of insurance in respect of or in connection with any building or any property contained in any building, [shall cease immediately upon any fall or displacement]
(a) of such building or of any part thereof,
(b) of the whole or any part of any range of buildings or of any structure of which such building forms part.
PROVIDED that such fall or’ displacement is of the whole or a substantial or important part of such building or impairs the usefulness of such building or any part thereof or leaves such building or any part thereof or any property contained therein subject to increased risk of fire or is otherwise material.
AND PROVIDED that such fall or displacement is not caused by fire, loss or damage by which is covered by this policy or would be covered if such building, range of buildings or structure were insured under this policy.
In any action, suit or other proceeding, the burden of proving that any fall or displacement is caused by fire as aforesaid shall be upon the Insured.
- (i) This insurance does not cover :-
(a) Loss by theft during or after the occurrence of a fire.
(b) Loss or damage to property occasioned by its own fermentation, natural heating or spontaneous combustion (except as may be provided in accordance with Condition 7 ‘f’) or by its undergoing any heating or drying process.
(c) Loss or damage occasioned by or through or in consequence of
(1) The burning of property by order of any public authority
(2) Subterranean Fire
(d) Loss or damage directly or indirectly caused by or arising from or in consequence of or contributed to by nuclear weapons material.
(ii) This insurance does not cover loss or damage directly or indirectly caused by or arising from or in consequence of or contributed to by ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purposes of the Condition 5 (ii) only combustion shall include any self-sustaining process of nuclear fission.
- This insurance does not cover any loss or damage occasioned by or through or in consequence, directly or indirectly, of any of the following occurrences, namely:-
(a) Earthquake, volcanic eruption or other convulsion of nature.
(b) Typhoon, hurricane, tornado, cyclone or other atmospheric disturbance.
(c) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war.
(d) Mutiny, riot, military or popular rising, insurrection, rebellion, revolution, military or usurped powers, 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.
Any loss or damage happening during the existence of abnormal conditions (whether physical or otherwise) which are occasioned by or through or in consequence, directly or indirectly, of 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 Corporation/ Company alleges that by reason of the provisions of this condition 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.
- Unless otherwise expressly stated in the Policy this insurance does not cover: –
(a) Goods held in trust or on commission.
(b) Bullion or unset precious stones.
(c) Any curiosity or work of art for an amount exceeding Tk.2500/-
(d) Manuscript, plans, drawings or designs, patterns, models or moulds.
(e) Securities, obligations or documents of any kind, stamps, coined or paper money, cheques, books of account or other business books and/or Computer records.
(f) Coal, against loss or damage occasioned by its own spontaneous combustion.
(g) Explosives.
(h) Any loss or damage occasioned by or through or in consequence of explosion; but loss or damage by explosion of gas used for illuminating or domestic purposes in a building in which gas is not generated and which does not form part of any gas works, will be deemed to be loss by fire within the meaning of this policy.
(i) Any loss or damage occasioned by or through or in consequence of the burning, whether accidental or otherwise, of forests, bush, prairie, pampas or jungle and the clearing of lands by fire.
- Under any of the following circumstances the insurance ceases to attach as regards the property affected unless the Insured before the occurrence of any loss or damage, obtains the sanction of the Corporation/ company signified by endorsement upon the policy by or on behalf of the Corporation/Company :
(a) If the trade or manufacture carried on be altered or if the nature of the occupation of or other circumstances affecting the building insured or containing the insured property be changed in such a way as to increase the risk of loss or damage by fire.
(b) If the buildings insured or containing the insured property become unoccupied and so remain for a period of more than 30 days.
(c) If property insured be removed to any building or place other than that in which it is herein stated to be insured.
(d) If the interest in the property insured pass from the insured otherwise than by will or operation of law.
- This insurance does not cover any loss or damage to property which, at the time of the happening of such loss or damage, is insured by or would, but for the existence of this policy, be insured by any Marine policy or polices except in respect of any excess beyond the amount which would have been payable under the Marine policy or policies had this insurance not been effected.
- This insurance may be terminated at any time at the request of the insured, in which case the Corporation/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 Corporation/Company on notice to that effect being given to the insured, in which case the Insurer shall be liable to repay on demand a rateable proportion of the premium for the unexpired term from the date of the cancelment.
- On the happening of any loss or damage the insured shall forthwith give notice thereof to the Corporation/Company immediately after the loss or damage, or such further time as the Corporation/Company may in writing allow in that behalf, deliver to the Corporation/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 damaged or destroyed, 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.
(b) particulars of all other insurances, if any.
The insured shall also at all times at his own expense produce, procure and give to the Corporation/ Company all such further particulars, plans, specifications, books, vouchers, invoices duplicates or copies thereof, documents, proofs and information with respect to the claim and the origin and cause of the fire and the circumstances under which the loss or damage occurred and any matter touching the liability or the amount of the liability of the Corporation/Company as may be reasonably required by or on behalf of the Corporation/Company together with a declaration on oath or in other legal form 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.
- On the happening of any loss or damage to any of the property insured by this policy, the Corporation/ Company may
(a) enter and take and keep possession of the building or premises where the loss or damage has happened.
(b) take possession of or require to be delivered to it any property of the Insured in the building or on the premises at the time of the loss or damage.
(c) keep possession of any such property and examine, sort, arrange, remove or otherwise deal with the same.
(d) sell any such property or dispose of the same for account of whom it may concern.
The powers conferred by this Condition shall be exerciseable by the insurer at any time until notice in writing is given by the Insured that he makes no claim under the policy or, if any claim is made, until such claim is finally determined or withdrawn, and the insurer shall not by any act done in the exercise or purported exercise of its powers hereunder, incur any liability to the insured or diminish its right to rely upon any of the conditions of this policy in answer to any claim.
If the Insured or any person on his behalf shall not comply with the requirements of the insurer or shall hinder or obstruct the insurer in the exercise of its powers hereunder, all benefit under this policy shall be forfeited.
The Insured shall not in any case be entitled to abandon any property to the Corporation/Company whether taken possession of by the Corporation/Company or not
- 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 any one 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 case of an arbitration taking place in pursuance of the 18th 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.
- The Corporation/Company may at its option reinstate or replace the property damaged or destroyed or any part thereof, instead of paying the amount of the loss or damage, or may join with any other Insurers in so doing, but the Corporation/ Company shall not be bound to reinstate exactly or completely but only as circumstances permit and in reasonably sufficient manner, and in no case shall the Corporation/Company be bound to expend more in reinstatement than it would have cost to reinstate such property as it was at the time of the occurrence of such loss or damage, nor more than the sum insured by the Corporation/Company thereon.
If the Corporation/Company so elect to reinstate or replace any property the insured shall, at his own expense, furnish the Corporation/Company with such plans, specifications, measurements, quantities, and such other particulars as the Corporation/ Company may require, and no acts done, or caused to be done by the Corporation/ Company with a view to reinstatement or replacement shall be deemed an election by the Corporation/Company to reinstate or replace.
If in any case the Corporation/Company shall be unable to reinstate or repair the property hereby insured, because of any municipal or other regulations in force affecting the alignment of streets, or the construction of buildings, or otherwise, the Corporation/Company shall, in every such case, only be liable to pay such sum as would be requisite to reinstate or repair such property if the same could lawfully be reinstated to its former condition.
- The insured shall, at the expense of the Corporation/Company, do, and concur in doing and permit to be done, all such, acts and things as may be necessary or reasonable required by the Corporation/Company for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the Corporation /Company shall be or would become entited or subrogated, upon its paying for 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 Corporation/ Company.
- 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 Corporation/Company shall not be liable to pay or contribute more than its rateable proportion of such loss or damage.
- If the property hereby insured shall, at the breaking out of any fire, 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.
- If any difference arises as to the amount of any loss or damage such difference shall independently of all other questions be referred 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 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 an arbitrator within two calendar 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 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 meeting. The death of any party shall not revoke or 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 discretion 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 his policy that the award by such arbitrator, arbitrators or umpire of the amount of the loss or damage if disputed shall be first obtained.
- In no case whatever shall the Corporation/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.
- Every notice and other communication to the Corporation/ Companies required by these Conditions must be written or printed.
- Loss or damage to plinths and/or foundation and/or pavements is excluded from this insurance.
- When so authorized by the Corporation/ Companies the officers of the Corporation/ Companies shall have an access at any time to the Risks and/or the Premises.
EXCLUSIONS
- EXCLUDED CAUSES
This policy does not cover
- Damage to the property insured caused by:
- (i) faulty or defective design materials or work man ship inherent vice latent defect gradual deterioration deformation or distortion or wear and tear
(ii) Interruption of the water supply gas electricity or fuel systems or failure or the effluent disposal systems to and from the premises unless damage by a cause not excluded in the policy ensues and then the insurer shall be liable only for such ensuing damage.
- (i) Collapse or cracking of building
(ii ( corrosion rust extremes or changes in temperature dampness dryness wet
or dry rot fungus shrinkage evaporation loss of weight pollution contamination change in colour flavour texture or finish action of light vermin
insects marring or scratching unless such loss is caused directly by damage
to the property insured or to premises containing such property by a cause
not excluded in the policy.
(c )(i) theft except from a building and then only if there is violent or forcible entry to or exit such building.
- acts of fraud or dishonesty.
- disappearance unexplained or inventory shortage misfiling or misplacing of information shortage in supply or delivery of materials or shortage due to clerical or accounting error.
- Explosion, cracking, fracturing, collapse or overheating of boilers
economises vessels tubes or pipes nipple leakage or the failure of welds of boilers.
- mechanical or electrical breakdown or derangement of machinery or equipment.
(vi) bursting, overflowing, discharging or leaking of water tans apparatus or pipes when the premises are empty or disused.
Unless
(i) damage by a cause not excluded in the policy ensues and then the
insurer shall be liable for such ensuing damage
(ii) such loss is caused directly by damage to the property insured or to
premises containing such property by a caused not excluded in the
policy
(d) (i) coastal or river erosion
- subsidence ground heave or landslip
- normal settlement or bedding down of structure
- wind rain hail frost snow flood sand or dust to movable property in the open or in the open sided buildings or to fences and gates
- the freezing solidification or inadvertent escape of molten material
- Damage caused by or arising from:
(a) any wilful act or wilful negligence on the part the insured or any person acting on his behalf
(b) cessation of work delay or loss of market or any other consequential
or indirect loss of any kind or description whatsoever
- Damage occasioned directly or indirectly by or through or in consequence of any of the following occurrence, namely
- war invasion act of foreign enemy hostilities or warlike operations (whether war be declared or not) civil war
- mutiny civil commotion assuming the proportions of or amounting to a popular rising military rising insurrection rebellion revolution to military or usurped power
- Acts of terrorism committed by person or persons acting on behalf of or in connection with any organization. This Exclusion A3 (c) shall not apply to damage by fire
For the purpose of this Exclusion A3 (c) “terrorism” means the use of violence for political for ends and includes the use of violence for the purpose of putting the public or any section of the public in fear
- (i) permanent or temporary dispossession resulting from confiscation nationalization commandeering or requisition by any lawfully constituted authority.
(ii) Permanent or temporary dispossession of any building resulting from the unlawful occupation of such building by any person
Provided that the insurers are not relived of any liability to the insured in respect of damage to the property insured occurring before dispossession or during temporary dispossession which is otherwise insured by this policy
- the destruction of property by order of any public authority.
In any action, suit or other proceeding where the insurer alleges that by reason of the provisions of Exclusion A3(a) (b) and (c) above any loss destruction of damage is not covered by this insurance the burden of proving that such loss destruction or damage is covered shall be upon the insured.
- Damage directly or indirectly caused by or arising or in consequence of or
contributed to by:
(a) Nuclear weapons material
(b) ionising radiations or contamination by radioactivity from any nuclear fuel
or from any nuclear from the combustion of nuclear waste from the
combustion of nuclear fuel. Solely for the purpose of this Exclusion A4(b)
combustion shall include any self-sustaining process of nuclear fission.
- EXCLUDED PROPERTY
This Policy does not cover
- (a) money, cheques, stamps, bonds, credit cards, securities of any description jewellery, precious stones, precious metals, bullion furs, curiosities, rare books or works of art unless specifically mentioned as insured by this policy and then only in respect of the perils specified below:-
(b) Fixed glass
(c) Glass (other than fixed glass) china earthenware marble or other fragile or brittle objects.
(d) Electronic installations computers and data processing equipment.
but this shall not exclude damage (not otherwise excluded) caused by fire, lightning, explosion, aircraft, riot, strikers, locked-out works persons taking part in labour disturbances, malicious persons impact by any road vehicle or animals earthquake windstorm flood bursting overflowing discharging or leaking of water tanks apparatus or pipes.
- Unless specifically mentioned as insured by this policy goods held in trust or on commission documents manuscripts business books computer systems records patterns models moulds plans designs explosives
- (a) Vehicles licensed for road use (including accessories thereon) caravans trailers railway locomotives or rolling stock watercraft aircraft spacecraft or the like.
(b) Property in transit other than within the premises specified in the schedule.
(c) Property or structures in course of demolition construction or erection and
materials or supplies in connection therewith
(d) Land (including top-soil back-fill drainage or culverts) driveways pavements roads runways railway lines dams reservoirs canals rigs wells pipelines tunnels bridge docks piers jetties excavations wharves mining property underground off-shore property
(e) Livestock growing crops or trees
(f) Property damaged as a result of its undergoing any process
(g) Machinery during installation removal or resiting (including dismantling and re-erection) if directly attributable to such operations
(h) Property undergoing alteration repair testing installation or servicing including materials and supplies therefore if directly attributable to the operations of work being performed thereon unless damage by a cause not otherwise excluded ensues and then the insurer will be liable for such ensuing loss.
(i) Property more specifically insured
- Damage to property which at the time of the happening of such damage is insured by or would but for the existence of this policy be insured by any marine policy or policies except in respect of any excess beyond the amount which would have been payable under the marine policy or policies had this insurance not been effected.
- Damage to machinery boiler economisers turbines or other vessels machinery or apparatus in which pressure is used or their contents resulting from their explosion or rupture.
UNDER INSURANCE
If the sum insured under this policy be found to be less than 85% of the value of the property at the time of loss, then the Insured shall be considered as being his own insurer for the entire 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.
DEDUCTIBLES
This policy does not cover the amounts of the deductibles stated in the schedule in respect of each and every loss as ascertained after the application of all other terms and conditions of the policy including any condition of average.
Warranted that during the currency of the policy the Insured shall not effect insurance in respect of the amounts of the deductibles stated in the schedule.
GENERALCONDITIONS
- IDENTIFICATION
This policy and the schedule (which forms an integral part of this policy) shall be read together as one contract and words and expressions to which specific
meanings have been attached in any part of this policy of the schedule shall bear such specific meanings wherever they shall appear.
- MISDESCRIPTION
If there be any material misdescription by the Insured or any one acting on his behalf of any of the property hereby insured, or of any building or place in which such property in contained, or of the business or premises to which this insurance refers or any misrepresentation as to any fact material to be known for estimating the risk or any omission to state such fact, the Insurer shall not be liable under this policy for the property affected by any such miss description, misrepresentation or omission.
- CANCELLATION
This insurance may be terminated at any time at the request of the Insured, in which case the Insurer will retain the customary short period rate for the time the Policy has been in force. This insurance may also be terminated at the option of the insurer on notice to that effect being given to the insured, in which case the insurer shall be liable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancellation.
- FORFEITURE:
All benefit under this Policy shall forfeited
(a)If any claim made under this policy be in any respect fraudulent or if any false declaration be made or used in support there of, or if any fraudulent means or devices are used by the insured or any one acting on his behalf to obtain any benefit under this Policy
or
(b) if any 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 Condition No. 7 of this policy) within three months after the arbitrator or arbitrators or umpire shall have made their award.
- SUBROGATION
Any claimant under this policy shall, at the expense of the Insurer do, and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the insure for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the insurer 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 Insurer.
- CONTRIBUTION
If at the time of any lone 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 either such loss or any part of it or the same property the insurer shall not be liable to pay or contribute more than its ra0teable proportion of such loss or damage.
7.ARBITRATION
If any difference shall arise as to the amount to be paid under this Policy such difference shall independently of all other questions be referred 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 calendar months after having been required to do so in writing by the other party. In case either party shall refuse or fail to appoint an arbitrator within two calendar 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 decision 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. The death of any party shall not revoke or affect the authority or powers of the arbitrators, 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 discretion 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 or umpire of the amount of the loss or damage if disputed shall be first obtained.
- ALTERATIONS AND REMOVALS
Under any of the following circumstances the insurance ceases to attach as regards the property affected unless the Insured, before the occurrence of any loss or damage obtains the sanction of the insurer signified by endorsement upon the policy, by or on behalf of the insurer.
(a) If the trade or manufacture carried on be altered, or if the nature of the occupation of or other circumstance affection the building or containing the insured property be changed in such a way as to increase the risk of loss or damage.
(b) If the building insured or containing the insured property becomes uncoupled and so remains for a period of more than 30 days.
(c) If the property insured be removed to any building or place other than that in which is started herein to be insured.
(d) If the interest in the property insured passes from the insured otherwise
than by will or operation of law.
- CLAIMS
If any event giving rise to or likely to give rise to a claim under this policy comes to his knowledge the insured shall
(a) Immediately
(i) Take steps to minimize the loss or damage and recover any missing property.
(ii) Give notice in writing to insured and
(iii) Give notice to the police if the event be theft or suspected theft or wilful or
malicious damage.
(b) Within 30 days or such further time as the insurer may in writing allow deliver to the insurer
(i) A claim in writing for the damage containing as particular an account as may be reasonably practical of all the several articles or items of property lost or damage thereto respectively, having regard to their value at the time of the loss or damage
(ii) Particulars of all other insurance’s if any.
The Insured shall at all times at this own expense produce, procure and give to the Insurer all such further particulars, plans, specifications, books, vouchers, invoices, duplicates or copies thereof, documents, proofs and information with respect to the claim and the origin and cause of the loss or damage and the circumstances under which the loss or damage occurred, and any matter touching the liability or the amount of liability of the Insurer as may be reasonably required buy or on behalf the Insurer together with a declaration on oath or in other legal form of the truth of the claim and any matters connected therewith.
- INSURERS’ RIGHTS
On the happening of any loss or damage to any of the property insured by this policy the Insurer may
- a) Enter and take and keep possession of the building or premises where the loss or damage has happened
- b) Take possession of or require to be delivered to it any property of the insured in the buildings or on the premises at the time of the loss or damage.
- c) Keep possession of any such property and examine, sort, arrange remove or otherwise deal with the same
- d) Sell any such property or dispose of the same for account of whom it may concern
The powers conferred by this condition shall be exercisable by the Insurer at any time until notice in writing is given by the Insured that he makes no claim under this policy or, If any claim is made, until such claim is finally determined or withdrawn and the Insurer shall not by any act done in the exercise or purported exercise of its powers hereunder, incur any liability to the Insured or diminish its rights to rely upon any of the conditions of this policy in answer to any claim.
If the Insured or any person acting on his behalf shall not comply with the requirements of the Insurer, or shall hinder or obstruct the Insurer in the exercise of its powers hereunder, all benefit under this policy shall be forfeited.
The Insured shall not in any case be entitled to abandon any property to the Insurer whether taken possession of by the Insurer or not
11.REPAIR AND REPLACEMENT.
The Insurer may at its option, repair or replace the property damaged or destroyed, or any part thereof, instead of paying the amount of the toss or damage, or may join with any other Company or Insurers in so doing but the circumstances permit and in reasonably sufficient manner, and in no case shall the Insurer be bound to expend more in repair than it would have cost to repair such property as it was at the time of the occurrence of such loss or damage nor more than the sum insured thereon.
If the Insurer so elects to repair or replace any property the Insured shall, at his own expense, furnish the Insurer with such plans, specifications, measurements, quantities and such other particulars as the Insurer may require, and no acts done, or caused to be done buy the Insurer with a view to repair or replacement shall be deemed an election by the Insurer to repair or replace.
If in any case the Insurer shall be unable to repair replace the property hereby insured, because of any municipal or other regulations in force affecting the alignment of streets, or the construction of buildings, or otherwise, the insurer shall, in every such case, only be liable to pay such sum as would be required to repair or replace such property if the same could lawfully be repaired to its former condition.
12.TIME LIMIT
In no case whatever shall the Insurer 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.
- REASONABLE PRECAUTIONS.
The Insured shall maintain the property in proper state of repair and take all reasonable precautions to prevent damage thereto.
Pollution or Contamination
EXCLUSIONS
Notwithstanding anything to the contrary contained herein, this policy does not cover loss or destruction or damage caused by pollution or contamination except (unless otherwise excluded) destruction of or damage to the property insured caused by
- a) Pollution or contamination which itself results from fire, lightning, explosion, aircraft or other aerial devices or articles dropped therefrom, riot, civil commotion, strikers, locked- out workers, persons taking part in labour disturbances, malicious persons other than thieves, earthquake, storm flood, bursting overflowing discharging or leaking of water tanks apparatus or pipes, sprinkler leakage or impact by any road vehicle or animal
- b) any of the perils listed in (a) above which itself results from pollution or contamination.
DEBRIS REMOVAL
The Company (Insurer) will not pay for any costs or expenses.
- incurred in removing debris except from the site of such property destroyed or damaged and the area immediately adjacent to such site
(2) arising from pollution or contamination of property not insured by his policy.