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FIRE INSURANCE
       By: SUNIT MATHUR
        RO-1, NEW DELHI
OVERVIEW
•   No. of Sections : 8
•   No. of Perils ( In built ) : 12
•   No. of Exclusions : 13
•   No. of General Conditions: 15
•   No. of Add On Covers : 15+6
•   No. of Clauses : 11 ( A to K )
SECTIONS
SECTION I : GENERAL RULES & REGULATION.
SECTION II : POLICY WORDING
SECTION III : DWELLINGS, OFFICES ETC.
SECTION IV : INDUSTRIAL & MANU. RISKS
SECTION V: UTILITIES OUSIDE MANU. RISK
SECTION VI: STORAGE OUTSIDE MANU. RISK
SECTION VII: TANKS FARMS / GAS HOLDERS
             OUTSIDE MANU. RISK
SECTION VIII: ADD ON COVERS
COVERAGES
1.  FIRE
2.  LIGHTENING
3.  EXPLOSION/ IMPLOSION
4.  AIRCRAFT DAMAGE
5.  RIOT, STRIKE & MALICIOUS DAMAGE.
6.  STORM, CYCLONE, TYPHOON, TEMPEST, HURRICANE, TOR
    NADO, FLOOD & INUNDATION,
7. IMPACT DAMAGE
8. SUBSIDENCE & LANDSLIDE INCLUDING ROCK SLIDE
9. BURSTING & /OR OVERFLOWING OF WATER
    TANKS, APPARATUS & PIPES
10. MISSILE TESTING OPERATIONS
11. LEAKAGE FROM AUTOMATIC SPRINKLER INSTALLATIONS
12. BUSH FIRE
1. FIRE :
 Excluding (i) own fermentation, natural heating or
    spontaneous combustion
    (ii) Its undergoing heating & drying process
    (iii) Burning by order of Govt.
FIRE IN INSURANCE :
• Actual ignition under accidental circumstances
    for insured – Ignition means burning – presence
    of flames, thus loss by smoke, heating, charring
    without burning is not considered “fire”
• The property should not be on fire
• FIRE IN INSURACE POLICY :
• Fire lighted for definite purpose is not
  considered Fire for Insurance unless broken its
  limits – like sugar processing
• No difference if fire comes to property or
  property comes to the fire – like unlighted
  grate
  ( both the above cases fire breaks its limits &
  causes ignition or property breaks its proper
  limits & comes into contact with fire, there is
  an accidental loss by fire )
• FIRE IN INSURACE POLICY :
• Once there is a fire within the meaning of the
  policy – other losses becomes payable like:
• Smoke & heat
• Scorching
• Falling Walls
• Damage of Fire brigade water, chemical etc.
• Damage to property removed from burning
  caused by weather provided removal made for
  LCM.
LIGHTNING ( AOG )
• An electricity for clouds – Loss with or without
  actual ignition covered
3. EXPLOSION / IMPLOSION
• Only domestic boilers are covered for
  explosion / implosion ( for other perils the
  commercial boilers can be covered )
4.AIRCRAFT DAMAGE
• Damage by Aircraft or other aerial or space
  devices and articles dropping therefrom
  except damage caused by pressure waves
. RIOT, STRIKE & MALICIOUS DAMAGE
• Only       visible    physical   damage      by
   external, violent means – Except
   (i) Permanent or temporary dispossession by
   the order of Govt.
   (ii) Permanent or temporary dispossession
   resulting from the unlawful occupation by any
   person
   (iii) Burglary, housebreaking, theft ( whether
   or not committed in course of disturbance of
   public peace)
6. STROM, CYCLONE, FLOOD….ETC. (AOG)
( Excluding resulting from Earthquake or other
   convulsions of nature – If Earthquake if covered
   through add on than this exclusion is not
   applicable)
• Storm: violent disturbance of atmosphere with
   thunder or strong wind or heavy rainfall
• Tempest : A violent Storm
• Cyclone & Hurricane : Storm of greater intensity
• Flood : Escape of water from its normal confines (
   except water from tanks or apparatus or pipe)
- Overflowing of lakes, rivers, canals, sea by
     high tides etc.
  - Bursting of street water mains, overflowing
  of sewage pipes
• Inundation : Synonymous of Flood
7. IMPACT DAMAGE – Direct physical visible loss
  by impact of rail / road vehicle or animal not
  belonging to :
  - Insured or occupier of the premises
  - The employees of the insured
8.      SUBSIDENCE & LANDSLIDE INCLUDING
     ROCKSLIDE - EXCEPT
     - Normal cracking, bedding down of new bldg.
     - Settlement or movement of made up ground
     - Coastal or river erosion
     - Defective design or workmanship or use of
     defective material
     -
     Demolition, construction, alteration, repair, ex
     cavation of the property
9. BURSTING & / OR OVERFLOWING OF WATER
  TANKS, APPARATUS & PIPES
  - Largely applicable to cold regions where
  bursting of pipes takes place
10. MISSILE TESTING OPERATIONS:
  - Carried out by Defence Deptt., Govt. of India
11. LEAKAGE FROM AUTOMATIC SPRINKLER
  INSTALLATIONS – EXCEPT
  - Repair or alternation of the bldg.
  - Repair, removal or extension of sprinkler
  - Defects in construction known to insured
12. BUSH FIRE :
  Excluding loss of damage by Forest Fire
            GENERAL EXCLUSIONS
1. EXCESS ( NOT FOR DWELLINGS ) W.E.F. POLICIES
   ON OR AFTER 01.04.2010: - PER EVENT PER
   INSURED
• Policies having SI of Rs.10 Crores Per location
   (i) For AOG perils : 5% of claim amount subject
   to Minimum of Rs.10,000/-. Each & every loss
   (ii) For other perils : Rs.10,000 each & every loss
• Policies having SI above Rs.10 Crores Per location
   (i) For AOG perils : 5% of claim amount subject to
   Minimum of Rs.25,000/-. Each & every loss
   (ii) For other perils : 5% of claim amount subject
   to Minimum of Rs.10,000/-. Each & every loss
2. War and kindred Perils
3. Radioactive Contamination
4. Pollution or Contamination Except :
(i) Pollution or contamination caused by the
   insured peril or,
(ii) The insured peril which did the loss is caused by
   the pollution or contamination
5. Loss to any bullion, curios, work of art, antique
   exceeding Rs.10,000/-, stamps, coins, cash etc.
   Unless expressly stated in the policy
6. Stocks of cold storage due to temperature change
7. Loss to any electrical machine, apparatus, fitting
   by over-running, short circuiting, self heating,
   electricity leakage from whatever cause –
   exclusion applicable for particular machine
8. (a ) Architects, Engineer’s fee in excess of 3% of
   claim amount
    (b) Debris Removal expenses in excess of 1% of
   claim amount
9. Any Consequential loss – like profit, market etc.
10. Loss of spoilage due to retardation or
   interruption of any process caused by insured
   perils
11. Loss by theft during or after occurrence except
   as provided in RSMD ( burglary or theft due to
   riots, strikes are covered under Fire Policy)
12. Earthquake Damage
13. Loss to any property in the place other than
   which stated in the policy except machinery or
   equipment         temporarily      removed      for
   repairs, renovation etc. for not more than 60
   days.
GENERAL CONDITIONS
1. Misrepresentation, non-disclosure etc.
2. Bldg. Fall and displacement : ( part or whole)
   (i) All Insurance under this policy cease on
   expiry of 7 days from the date of such fall if
   occurred other than insured peril.
   ( ii ) If Fall by insured perils the Co. should be
   notified within 7 days for continuance of
   insurance on revised rates, terms &
   conditions
3. Alternation :
Policy becomes void unless notify to the Company
(i) If the Trade, Manu. Or occupation changes
(ii) If bldg. is unoccupied for more than 30 days
(iii) If interest passes from the insured except
      automatically by will or law ( in case of death of
      insured)
4. Marine Clause : If the same property is covered
      under the Marine Policy the loss will not
      payable in Fire Policy except any excess amount
      over the marine policy
5. CANCELLATION : By either Party – giving 15 days
   notice and refund of premium
6.DUTIES OF THE INSURED :
   (i) For any claim give notice in writing and a claim
   statement item wise within 15 days of loss at his
   own expense without any profit
   (ii) Details of all other insurances, if any
   (iii) Co. not liable for loss after expiry of 12
   months from the date of loss unless claim is
   subject to pending action or arbitration .
   (iv ) If claim is repudiated by the Co., & the
   insured has not filed a suit within 12 months of
   date of repudiation, it is not recoverable
   thereafter
7. RIGHTS OF INSURER :
After a loss the Co. without admitting liability can:
(i) Enter, take possession, examine, sorting and can
      do salvaging operations
(ii) If the insured do not co-operate or hinders the
      benefits of the Policy forfeits
(iii) The insured cannot abandon the property after
      loss whether possessed by the Co. or not
8. FRAUD : If any fraudulent means used for
      claiming, the benefits of policy forfeits.
9. OPTION OF THE INSURER:
  (i) If Co. feels the claim amount is exaggerated
  then has option of reinstate or replace the
  damaged property subject to S.I.
  (ii) If due to municipal regulations Co. cannot
  reinstate then Co. will pay such amount
  requisite to reinstate to its former condition.
10.        CONDITION        OF      AVERAGE       (
  UNDERINSURANCE)
11. CONTRIBUTION
12. SUBROGATION : Company take rights &
  remedies even before payment of claim
13. ARBITRATION ( only in case of quantum of
  claim, loss otherwise admitted under the Policy)
14. ALL NOTICE / CORRESPONDENCE MUST BE IN
  WRITING
15. REINSTATEMENT OF SUM INSURED AFTER A
  LOSS :
(i) By deducting pro-rata premium from the net claim
     amount
(ii) If insured notify the Co. immediately after the loss for
     not reinstating the SI, then the SI will be reduced by the
     amount of claim paid
S.NO.   ADD ON COVER                          RATE APPLICABLE   VALUE TO BE
                                                                INSURED
1.      Architects, consulting Engineers fees Policy Rate       Specified  SI not
        in excess of 3% of claim amount                         exceeding 7.5% of
                                                                claim amount
2.      Removal of Debris ( in excess of 1%   Policy Rate       Specified SI upto
        of Claim Amount)                                        maximum 10% of S.I.

3.      (a) Deterioration of Stock in Cold Policy Rate          Sum Insured of the
        Storage    by    to    change    of                     Stocks
        temperature due to power failure at
        Power Station by insured perils
        (a) Deterioration of Stock in Cold Policy Rate          Sum Insured of the
        Storage    by    to   change    of                      Stocks
        temperature due to loss to
        machinery at premises by insured
        perils
4.      Forest Fire                           Minimum 3.75%o    Specified SI
5.   Impact Damage due to Insured’s 5% of Policy Rate                   Policy Sum Insured
     own Rail/road vehicle, lifts,
     cranes
6.   Spontaneous Combustion              Category I : 0.20%0            SI of relative
     Category I                          Category I : 0.45%0            commodity
     Category II
7.   Omission to Insure additions, Policy Rate                          5% of SI of BMA
     alterations or extensions

8.   Earthquake ( Fire & Shock )         Zone I : 0.75%o                Policy S .I. ( Dwellings,
     Zone I                              Zone II : 0.40%o               offices ratable under
     Zone II                             Zone III : 0.15%o              Section III will be
     Zone III                            Zone IV: 0.075%o               charged as Zone IV
     Zone IV                                                            rate regardless the
                                                                        Zone
9.   Spoilage Damage Material Cover (i) 5 times of policy rate          (i) Value of stocks in
     (i) Stocks in specified blocks     (ii) 2.5 times of policy rate        specified blocks
     (ii) Machinery in specified blocks                                 (ii) Value of M/A in
                                                                             specified blocks
10.   Leakage & Contamination               Only          Leakage &       Specified Sum
      a. Where tanks located in insured’s   leakage       Contamination   Insured
      premises                              a. 3.75%o     a.7.5%o
      b. Where tanks are located            b. 4.5%o      b. 9.00%o
      elsewhere
11.   Temporary removal of Stocks           10% of Policy Rate            Policy S.I.

12.   Loss of Rent Clause ( For Owner of    Policy Rate                   Specified SI
      Bldg.)

13.   Addl. Expenses of rent for an         Policy rate                   Specified SI
      alternative accommodation ( For
      Tenant )
14.   Start up expenses                     Policy rate                   Specified SI



15.   Terrorism ( Only with RSMD )          Rates as per the Terrorism    Policy Sum
                                            Pool                          Insured
CLAUSES
A. AGREED BANK CLAUSE : To protect the interest
   of a banker or financer whose interest is in the
   insured property
B. CONTRACT PRICE INSURANCE CLAUSE
   For imported goods only where the prices are
   fixed as per contract – little deviation of
   indemnity
C. DESIGNATION OF PROPERTY CLAUSE
   Co. accept the designation under which the
   property entered in the insured’s book
D. REINSTATEMENT VALUE POLICIES
• Only for Bldg., P & M, FFF & not to stocks
• Reinstatement must commence and complete
  within 12 months of date of loss
• Underinsurance will also apply
• If need extension of time notify the Company
• If insured fail to intimate the intention of
  reinstatement within 6 months than the this
  clause will not apply
• If insured unwilling to replace the property than
  on market value basis
• Reinstatement can carry out at another site also
E. LOCAL AUTHORITY CLAUSE
• Reinstatement Value policies can be extended
   for this clause
• Some extra expenses can be allowed to
   comply the local by laws but subject to S.I.
F. ESCALATION CLAUSE
• Maximum 10% if allowed ( IGT )
• 50% of full rate on selected percentage
• Only for Bldg., P & M & not for stocks & FFF
G. ARCHITECTS FEE ( upto 3% of claim amount)
H. REMOVAL OF DEBRIS ( upto 1% of claim amt.)
I. FLOATER CLAUSE
• One, more or all locations as specified
• Should have good internal audit & account
• Change of location must be intimated
J. DECLARATION CLAUSE
•   Basis of declaration (i) Average of value on each day of
    the month or (ii) Highest Value during the month
•   Declaration must be latest by the last day of next
    month
J. DECLARATION CLAUSE
• On expiry subject to adjustment by taking
   average of 12 declarations – Maximum refund
   35% only
• Basis of valuation – Market Value basis
• If stock is covered by any other insurance than
   this policy will be used only for the excess
   amount, if any
K. VOLUNTARY DEDUCTIBLE CLAUSE
GENERAL RULES AND REGULATIONS
• All India Fire Tariff effective from 31.03.2001
• Detariff from 01.01.2007 ( IGT from 01.01.2008 )
• Only SFSP with permitted add on covers is allowed
• Only land based properties are allowed
• Policy covering Bldg. & Contents shall show all block-
  wise separate amount on (i) Bldg. (ii) Machinery &
  Accessories (iii) Stock & Stock in Process & (iv)
  Furniture & other contents
• Deletion of STFI & RSMD is allowed
• Rates shown are minimum rates & higher rates can be
  charged
• Valued Policies : For property whose market
  value cannot be ascertained like works of
  art, obsolete machinery etc. subject to
  valuation certificate
• Long Term Policies : No policy exceeding 12
  months can be issued except “Dwellings”
• Mid Term Cover: Generally not permissible to
  grant STFI & RSMD perils mid term. If allowed
  with certain conditions :
  (i) Must receive specific advice from insured
  with payment in Cash or draft. No adjustment
  from existing CD or Bank Guarantee
  (ii) Should be for entire property covering
  entire interest
• Cover shall commence after 15 days of receipt
   of premium
 • Premium rates as under shall be on Short
   Period Scale

Mid-term    SECTION SECTION VI              SECTION
Inclusion   III                             IV, V &
                    Material in Material in VII
of
                    Godown      Open
STFI        0.20%o    0.35%o    2.00%o    0.35%o
RSMD        0.15%o    0.15%o    0.15%o    0.15%o
• Payment of Premium : Shall be paid in full &
  no installment is allowed – not permissible to
  split SI of same property in various policies to
  take advantage of deferred payments.
  However various policies of stock can be
  issued where necessitate.

• Minimum Premium : Minimum Premium shall
  be Rs.200. ( IGT )
• Partial Insurance
  a. Not to issue certain part of Bldg. However
  Plinth & Foundation or only foundation can be
  excluded
  b. Not to issue covering specified machinery (
  except boilers ) or part of the machinery
  c. Where portions of a bldg. or machinery is
  under different ownership, in such cases it is
  permissible for each owner to insure his own
  portion but full extent of his interest.
• SHORT PERIOD RATES
Not Exceeding 15 days           10% of Annual Rates
Not Exceeding 1 Month           15% of Annual Rates
Not Exceeding 2 Months          30% of Annual Rates
Not Exceeding 3 Months          40% of Annual Rates
Not Exceeding 4 Months          50% of Annual Rates
Not Exceeding 5 Months          60% of Annual Rates
Not Exceeding 6 Months          70% of Annual Rates
Not Exceeding 7 Months          75% of Annual Rates
Not Exceeding 8 Months          80% of Annual Rates
Not Exceeding 9 Months          85% of Annual Rates
Exceeding 9 Months              The Full Annual Rates
Extension of Short Period Policy shall not be permitted
• Rules for Cancellation
At the Option of Insured : (i) Retention of SP Rates
(ii) During Currency if the policy replaced by same
    Co. by new annual policy for same property then
    Pro-rata refund is allowed
(iii) For the SI not replaced refund after retaining
    premium on SP Rates for such S.I.
(iv) In Case of S.P. policies premium retained as per
    S.P. Rates
(v) In case Policy cancelled by Govt. Orders or on
    completion of a Bldg. in course of construction or
    where bldg. is demolished, pro-rata refund be
    allowed
At the Option of Insurer : Pro-rata refund is allowed
• Mid Term Revision in S.I.
  Increase in S.I. : On Pro-rata Basis
  Decrease in S.I.: On Short Period Scale
• Escalation Clause
  a. Only upto 10% of the S.I.
  b. 50% of Full Rate to be charged on selected
  %age
  c. Only for Bldg., Machinery & Accessories & not for
  stocks
  d. Average condition will also apply
• Floater Policy : Can be issued for stocks at
  various locations under one Sum Insured (
  unspecified locations are not allowed )
  - Rate Shall be highest rate applicable at any
  location with 10% loading
  - In case stock in process block is covered
  under Floater Policy & the rate of process
  block is higher than the storage rate, the
  process block rate plus 10% loading shall apply
  - If stock situated within godown / process
  block in the same compound are covered
  under floater policy, no floater extra is
  chargeable
• Declaration Policies : For frequent fluctuations in
  Stock / Stock Values
- Minimum SI shall be Rs. 1 Crore in one or more
  locations & the SI shall not be less than 25 lacs in
  atleast one of these locations. Declared value
  should approximate to this figure at sometime
  during the policy year
- Monthly declaration based on (a) average of the
  values at risk on each day of month or (b) highest
  value at risk during the month. If declaration not
  received within specified time the full SI shall be
  deemed to have been declared
- Reduction of SI is not allowed
- Refund of premium on adjustment shall not
  exceed 35% of the total premium
- Basis of Valuation will be Market Value

- Not Permissible for (a) on Short Period Basis
  (b) Stocks undergoing process © Stocks at
  Railway sidings

- If at the time of loss it is found that the last
  decl. previous to the loss is less than the amt.
  ought to have been declared, the claim amt.
  shall be reduced in such proportion as the
  amt. of said last decl. bears to the amt. that
  ought to have been declared.
• Floater Declaration Policies :
- Minimum S.I should be 2 Crores
- Both Floater & Declaration policy rules will
  apply
- Minimum retention of premium shall be 80%

• Rating of Multiple Occupancy Industrial Estate
- Shall be rated ‘per se’
- If the Entire Bldg. of Industrial Estate is
  insured under one S.I. a rate of 1.80%o be
  charged
- The Contents will be rated ‘per se’
• Silent Risk : Under Section IV & V Only

- Factories where no manufacturing & Storage
  work is carried out for continuously 30 or
  more days

- Retention of premium shall be based on
  appropriate storage rate or silent risk rate of
  Rs. 1.00%o whichever is higher

- The Silent risk rates are not applicable if risk is
   silent due to a claim / loss.
VOLUNTARY DEDUCTIBLES – both SFSP plus add ons
Deductible Amount (Rs. In Lacs)          Discount
AOG Perils                  Other Perils (%)
5% of claim amt. subject to
minimum to Rs.
10 Lakhs                      5 Lakhs     4
20 Lakhs                      10 Lakhs    8
30 Lakhs                      15 Lakhs    10
60 Lakhs                      30 Lakhs    12
100 Lakhs                     40 Lakhs    14
>100 Lakhs                    >50 Lakhs   Refer to
                                          HO
SECTION III
• Dwellings, Officers, Hotels, Shops Etc. Located outside the
  compound of a Factory
• Long Terms Policy for ‘Dwellings’ only
- Minimum for 3 yrs.
- Refund : Subject of Circular dt.03.03.2009 i.e.
- (i) If cancelled within 3 years – retain premium with normal
  rates with no discount
- (ii) If cancelled after 3 years – rework premium as per
  discounted slabs – For fraction of year, rounded of to next
  higher year – Subject to retention of minimum premium
- No inclusion of perils mid-term
- Method : A
- Method : B ( Discount upto 50 % for 10 yrs. & above)
SECTION IV
• INDUSTRIAL / MANUFACTURING RISK
- One rate for entire property in one compound i.e.
  process area, storage, office, utilities etc.
- If more than one product is manufactured in the
  same block the highest rate will be applicable
- If 2 or more factories are there or independent
  products are manufactured in the same
  compound the manu. Block shall be rated ‘per
  se’ if located detached. Misc. Blocks / utilities /
  godowns / tank farms etc. in such cases shall
  carry lowest rate of all such manu. Blocks.
- Dwelling located inside the factory may be rated
  ‘per se’
SECTION V
• Utilities outside the Manufacturing Risks
- Rates given for various utilities
SECTION VI
• Storage outside Indl./ Manu. Risk
- Two Rates – Within Godown & Open
- 4 Categories – NH, I, II, & III
- Rates will apply for bldg./ storage area and stocks
- Operation like packing/selecting/mending /stitching
  etc. are covered if do not materially alter nature of risk
- Presence of hazardous goods of higher category not
  exceeding 5% to total S.I. are also covered
- Utilities / Misc. Blocks shall be rated Re. 1.00%o
- Open Storage of 2% of S.I. is allowed when the risk is
  rated within godown
SECTION VII
• Tanks Farms / Gas Holders outside the Factory
• All tanks in same area shall carry highest rate
- Tanks of hazardous chemicals / liquid are covered

- Utilities & Misc. Blocks shall be rated at
  Re.1.00%o

- Associated       properties    like    pumping
  station, compressor house, blower house etc. will
  rated at par with Gas holder
CLAIMS
• While Deputing Surveyor the nature of subject
  matter involved should be kept in mind and
  appropriate Surveyor should be appointed
• A Company official should visit to site as early as
  possible
• If there is a doubt in admissibility of claim – an
  investigator should also be appointed
• For disposal of salvage the general guidelines laid
  down should be followed – but salvage disposal
  be undertaken on priority basis because the
  salvage due to Fire deteriorate faster.
• Processing of Claims – documents required
A. Common
1. Claim Intimation
2. Policy
3. Claim Form
4. Survey Report
B. Specific
In case of Fire & Explosion : (i) FIR & Fire Brigade
    Report
In case of AOG:(i) Meteorological Report or in
    absence (a) Local Bodies certificate or (b)
    cutting of newspaper
In case of RSMD & Impact damage : Police
     Report
DOS due to Power Failure :
(i) Log Book Maintained by the insured for
     maintaining temperature
(ii) Certificate from Electricity Deptt.

In Addition to the above the U/W may insist any
    other document / evidence to establish loss
NON-STANDARD / COMPROMISE

• When breach is not material or of tech. nature
  or beyond the control or knowledge of insured
  :
  (i) Policy is rectified after collecting addl.
  Premium if due
  (ii) A deduction is made from assessed amt.
  equivalent to 3 years premium – which would
  have come had correct information available
• If breach is material to loss or insured or his
  agent contributed to loss and has not
  consciously committed the breach :
- Payment can be considered on merits of each
  case upto a maximum of 75% of the Assessed
  Loss
STEPS INVOLVED IN LOSS ASSESSMENT

1. Gross Loss Assessed
   Less : Depreciation      =    A
2. Less : Salvage           =    B
3. Less : Under Insurance   =    C
4. Less : Excess      =     D
5. Net Claim Payable =      A-B-C-D
THANK YOU

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fire insurance

  • 1. FIRE INSURANCE By: SUNIT MATHUR RO-1, NEW DELHI
  • 2. OVERVIEW • No. of Sections : 8 • No. of Perils ( In built ) : 12 • No. of Exclusions : 13 • No. of General Conditions: 15 • No. of Add On Covers : 15+6 • No. of Clauses : 11 ( A to K )
  • 3. SECTIONS SECTION I : GENERAL RULES & REGULATION. SECTION II : POLICY WORDING SECTION III : DWELLINGS, OFFICES ETC. SECTION IV : INDUSTRIAL & MANU. RISKS SECTION V: UTILITIES OUSIDE MANU. RISK SECTION VI: STORAGE OUTSIDE MANU. RISK SECTION VII: TANKS FARMS / GAS HOLDERS OUTSIDE MANU. RISK SECTION VIII: ADD ON COVERS
  • 4. COVERAGES 1. FIRE 2. LIGHTENING 3. EXPLOSION/ IMPLOSION 4. AIRCRAFT DAMAGE 5. RIOT, STRIKE & MALICIOUS DAMAGE. 6. STORM, CYCLONE, TYPHOON, TEMPEST, HURRICANE, TOR NADO, FLOOD & INUNDATION, 7. IMPACT DAMAGE 8. SUBSIDENCE & LANDSLIDE INCLUDING ROCK SLIDE 9. BURSTING & /OR OVERFLOWING OF WATER TANKS, APPARATUS & PIPES 10. MISSILE TESTING OPERATIONS 11. LEAKAGE FROM AUTOMATIC SPRINKLER INSTALLATIONS 12. BUSH FIRE
  • 5. 1. FIRE : Excluding (i) own fermentation, natural heating or spontaneous combustion (ii) Its undergoing heating & drying process (iii) Burning by order of Govt. FIRE IN INSURANCE : • Actual ignition under accidental circumstances for insured – Ignition means burning – presence of flames, thus loss by smoke, heating, charring without burning is not considered “fire” • The property should not be on fire
  • 6. • FIRE IN INSURACE POLICY : • Fire lighted for definite purpose is not considered Fire for Insurance unless broken its limits – like sugar processing • No difference if fire comes to property or property comes to the fire – like unlighted grate ( both the above cases fire breaks its limits & causes ignition or property breaks its proper limits & comes into contact with fire, there is an accidental loss by fire )
  • 7. • FIRE IN INSURACE POLICY : • Once there is a fire within the meaning of the policy – other losses becomes payable like: • Smoke & heat • Scorching • Falling Walls • Damage of Fire brigade water, chemical etc. • Damage to property removed from burning caused by weather provided removal made for LCM.
  • 8. LIGHTNING ( AOG ) • An electricity for clouds – Loss with or without actual ignition covered 3. EXPLOSION / IMPLOSION • Only domestic boilers are covered for explosion / implosion ( for other perils the commercial boilers can be covered ) 4.AIRCRAFT DAMAGE • Damage by Aircraft or other aerial or space devices and articles dropping therefrom except damage caused by pressure waves
  • 9. . RIOT, STRIKE & MALICIOUS DAMAGE • Only visible physical damage by external, violent means – Except (i) Permanent or temporary dispossession by the order of Govt. (ii) Permanent or temporary dispossession resulting from the unlawful occupation by any person (iii) Burglary, housebreaking, theft ( whether or not committed in course of disturbance of public peace)
  • 10. 6. STROM, CYCLONE, FLOOD….ETC. (AOG) ( Excluding resulting from Earthquake or other convulsions of nature – If Earthquake if covered through add on than this exclusion is not applicable) • Storm: violent disturbance of atmosphere with thunder or strong wind or heavy rainfall • Tempest : A violent Storm • Cyclone & Hurricane : Storm of greater intensity • Flood : Escape of water from its normal confines ( except water from tanks or apparatus or pipe)
  • 11. - Overflowing of lakes, rivers, canals, sea by high tides etc. - Bursting of street water mains, overflowing of sewage pipes • Inundation : Synonymous of Flood 7. IMPACT DAMAGE – Direct physical visible loss by impact of rail / road vehicle or animal not belonging to : - Insured or occupier of the premises - The employees of the insured
  • 12. 8. SUBSIDENCE & LANDSLIDE INCLUDING ROCKSLIDE - EXCEPT - Normal cracking, bedding down of new bldg. - Settlement or movement of made up ground - Coastal or river erosion - Defective design or workmanship or use of defective material - Demolition, construction, alteration, repair, ex cavation of the property
  • 13. 9. BURSTING & / OR OVERFLOWING OF WATER TANKS, APPARATUS & PIPES - Largely applicable to cold regions where bursting of pipes takes place 10. MISSILE TESTING OPERATIONS: - Carried out by Defence Deptt., Govt. of India 11. LEAKAGE FROM AUTOMATIC SPRINKLER INSTALLATIONS – EXCEPT - Repair or alternation of the bldg. - Repair, removal or extension of sprinkler - Defects in construction known to insured
  • 14. 12. BUSH FIRE : Excluding loss of damage by Forest Fire GENERAL EXCLUSIONS 1. EXCESS ( NOT FOR DWELLINGS ) W.E.F. POLICIES ON OR AFTER 01.04.2010: - PER EVENT PER INSURED • Policies having SI of Rs.10 Crores Per location (i) For AOG perils : 5% of claim amount subject to Minimum of Rs.10,000/-. Each & every loss (ii) For other perils : Rs.10,000 each & every loss
  • 15. • Policies having SI above Rs.10 Crores Per location (i) For AOG perils : 5% of claim amount subject to Minimum of Rs.25,000/-. Each & every loss (ii) For other perils : 5% of claim amount subject to Minimum of Rs.10,000/-. Each & every loss 2. War and kindred Perils 3. Radioactive Contamination 4. Pollution or Contamination Except : (i) Pollution or contamination caused by the insured peril or, (ii) The insured peril which did the loss is caused by the pollution or contamination
  • 16. 5. Loss to any bullion, curios, work of art, antique exceeding Rs.10,000/-, stamps, coins, cash etc. Unless expressly stated in the policy 6. Stocks of cold storage due to temperature change 7. Loss to any electrical machine, apparatus, fitting by over-running, short circuiting, self heating, electricity leakage from whatever cause – exclusion applicable for particular machine 8. (a ) Architects, Engineer’s fee in excess of 3% of claim amount (b) Debris Removal expenses in excess of 1% of claim amount
  • 17. 9. Any Consequential loss – like profit, market etc. 10. Loss of spoilage due to retardation or interruption of any process caused by insured perils 11. Loss by theft during or after occurrence except as provided in RSMD ( burglary or theft due to riots, strikes are covered under Fire Policy) 12. Earthquake Damage 13. Loss to any property in the place other than which stated in the policy except machinery or equipment temporarily removed for repairs, renovation etc. for not more than 60 days.
  • 18. GENERAL CONDITIONS 1. Misrepresentation, non-disclosure etc. 2. Bldg. Fall and displacement : ( part or whole) (i) All Insurance under this policy cease on expiry of 7 days from the date of such fall if occurred other than insured peril. ( ii ) If Fall by insured perils the Co. should be notified within 7 days for continuance of insurance on revised rates, terms & conditions
  • 19. 3. Alternation : Policy becomes void unless notify to the Company (i) If the Trade, Manu. Or occupation changes (ii) If bldg. is unoccupied for more than 30 days (iii) If interest passes from the insured except automatically by will or law ( in case of death of insured) 4. Marine Clause : If the same property is covered under the Marine Policy the loss will not payable in Fire Policy except any excess amount over the marine policy
  • 20. 5. CANCELLATION : By either Party – giving 15 days notice and refund of premium 6.DUTIES OF THE INSURED : (i) For any claim give notice in writing and a claim statement item wise within 15 days of loss at his own expense without any profit (ii) Details of all other insurances, if any (iii) Co. not liable for loss after expiry of 12 months from the date of loss unless claim is subject to pending action or arbitration . (iv ) If claim is repudiated by the Co., & the insured has not filed a suit within 12 months of date of repudiation, it is not recoverable thereafter
  • 21. 7. RIGHTS OF INSURER : After a loss the Co. without admitting liability can: (i) Enter, take possession, examine, sorting and can do salvaging operations (ii) If the insured do not co-operate or hinders the benefits of the Policy forfeits (iii) The insured cannot abandon the property after loss whether possessed by the Co. or not 8. FRAUD : If any fraudulent means used for claiming, the benefits of policy forfeits.
  • 22. 9. OPTION OF THE INSURER: (i) If Co. feels the claim amount is exaggerated then has option of reinstate or replace the damaged property subject to S.I. (ii) If due to municipal regulations Co. cannot reinstate then Co. will pay such amount requisite to reinstate to its former condition. 10. CONDITION OF AVERAGE ( UNDERINSURANCE) 11. CONTRIBUTION
  • 23. 12. SUBROGATION : Company take rights & remedies even before payment of claim 13. ARBITRATION ( only in case of quantum of claim, loss otherwise admitted under the Policy) 14. ALL NOTICE / CORRESPONDENCE MUST BE IN WRITING 15. REINSTATEMENT OF SUM INSURED AFTER A LOSS : (i) By deducting pro-rata premium from the net claim amount (ii) If insured notify the Co. immediately after the loss for not reinstating the SI, then the SI will be reduced by the amount of claim paid
  • 24. S.NO. ADD ON COVER RATE APPLICABLE VALUE TO BE INSURED 1. Architects, consulting Engineers fees Policy Rate Specified SI not in excess of 3% of claim amount exceeding 7.5% of claim amount 2. Removal of Debris ( in excess of 1% Policy Rate Specified SI upto of Claim Amount) maximum 10% of S.I. 3. (a) Deterioration of Stock in Cold Policy Rate Sum Insured of the Storage by to change of Stocks temperature due to power failure at Power Station by insured perils (a) Deterioration of Stock in Cold Policy Rate Sum Insured of the Storage by to change of Stocks temperature due to loss to machinery at premises by insured perils 4. Forest Fire Minimum 3.75%o Specified SI
  • 25. 5. Impact Damage due to Insured’s 5% of Policy Rate Policy Sum Insured own Rail/road vehicle, lifts, cranes 6. Spontaneous Combustion Category I : 0.20%0 SI of relative Category I Category I : 0.45%0 commodity Category II 7. Omission to Insure additions, Policy Rate 5% of SI of BMA alterations or extensions 8. Earthquake ( Fire & Shock ) Zone I : 0.75%o Policy S .I. ( Dwellings, Zone I Zone II : 0.40%o offices ratable under Zone II Zone III : 0.15%o Section III will be Zone III Zone IV: 0.075%o charged as Zone IV Zone IV rate regardless the Zone 9. Spoilage Damage Material Cover (i) 5 times of policy rate (i) Value of stocks in (i) Stocks in specified blocks (ii) 2.5 times of policy rate specified blocks (ii) Machinery in specified blocks (ii) Value of M/A in specified blocks
  • 26. 10. Leakage & Contamination Only Leakage & Specified Sum a. Where tanks located in insured’s leakage Contamination Insured premises a. 3.75%o a.7.5%o b. Where tanks are located b. 4.5%o b. 9.00%o elsewhere 11. Temporary removal of Stocks 10% of Policy Rate Policy S.I. 12. Loss of Rent Clause ( For Owner of Policy Rate Specified SI Bldg.) 13. Addl. Expenses of rent for an Policy rate Specified SI alternative accommodation ( For Tenant ) 14. Start up expenses Policy rate Specified SI 15. Terrorism ( Only with RSMD ) Rates as per the Terrorism Policy Sum Pool Insured
  • 27. CLAUSES A. AGREED BANK CLAUSE : To protect the interest of a banker or financer whose interest is in the insured property B. CONTRACT PRICE INSURANCE CLAUSE For imported goods only where the prices are fixed as per contract – little deviation of indemnity C. DESIGNATION OF PROPERTY CLAUSE Co. accept the designation under which the property entered in the insured’s book
  • 28. D. REINSTATEMENT VALUE POLICIES • Only for Bldg., P & M, FFF & not to stocks • Reinstatement must commence and complete within 12 months of date of loss • Underinsurance will also apply • If need extension of time notify the Company • If insured fail to intimate the intention of reinstatement within 6 months than the this clause will not apply • If insured unwilling to replace the property than on market value basis • Reinstatement can carry out at another site also
  • 29. E. LOCAL AUTHORITY CLAUSE • Reinstatement Value policies can be extended for this clause • Some extra expenses can be allowed to comply the local by laws but subject to S.I. F. ESCALATION CLAUSE • Maximum 10% if allowed ( IGT ) • 50% of full rate on selected percentage • Only for Bldg., P & M & not for stocks & FFF
  • 30. G. ARCHITECTS FEE ( upto 3% of claim amount) H. REMOVAL OF DEBRIS ( upto 1% of claim amt.) I. FLOATER CLAUSE • One, more or all locations as specified • Should have good internal audit & account • Change of location must be intimated J. DECLARATION CLAUSE • Basis of declaration (i) Average of value on each day of the month or (ii) Highest Value during the month • Declaration must be latest by the last day of next month
  • 31. J. DECLARATION CLAUSE • On expiry subject to adjustment by taking average of 12 declarations – Maximum refund 35% only • Basis of valuation – Market Value basis • If stock is covered by any other insurance than this policy will be used only for the excess amount, if any K. VOLUNTARY DEDUCTIBLE CLAUSE
  • 32. GENERAL RULES AND REGULATIONS • All India Fire Tariff effective from 31.03.2001 • Detariff from 01.01.2007 ( IGT from 01.01.2008 ) • Only SFSP with permitted add on covers is allowed • Only land based properties are allowed • Policy covering Bldg. & Contents shall show all block- wise separate amount on (i) Bldg. (ii) Machinery & Accessories (iii) Stock & Stock in Process & (iv) Furniture & other contents • Deletion of STFI & RSMD is allowed • Rates shown are minimum rates & higher rates can be charged
  • 33. • Valued Policies : For property whose market value cannot be ascertained like works of art, obsolete machinery etc. subject to valuation certificate • Long Term Policies : No policy exceeding 12 months can be issued except “Dwellings” • Mid Term Cover: Generally not permissible to grant STFI & RSMD perils mid term. If allowed with certain conditions : (i) Must receive specific advice from insured with payment in Cash or draft. No adjustment from existing CD or Bank Guarantee (ii) Should be for entire property covering entire interest
  • 34. • Cover shall commence after 15 days of receipt of premium • Premium rates as under shall be on Short Period Scale Mid-term SECTION SECTION VI SECTION Inclusion III IV, V & Material in Material in VII of Godown Open STFI 0.20%o 0.35%o 2.00%o 0.35%o RSMD 0.15%o 0.15%o 0.15%o 0.15%o
  • 35. • Payment of Premium : Shall be paid in full & no installment is allowed – not permissible to split SI of same property in various policies to take advantage of deferred payments. However various policies of stock can be issued where necessitate. • Minimum Premium : Minimum Premium shall be Rs.200. ( IGT )
  • 36. • Partial Insurance a. Not to issue certain part of Bldg. However Plinth & Foundation or only foundation can be excluded b. Not to issue covering specified machinery ( except boilers ) or part of the machinery c. Where portions of a bldg. or machinery is under different ownership, in such cases it is permissible for each owner to insure his own portion but full extent of his interest. • SHORT PERIOD RATES
  • 37. Not Exceeding 15 days 10% of Annual Rates Not Exceeding 1 Month 15% of Annual Rates Not Exceeding 2 Months 30% of Annual Rates Not Exceeding 3 Months 40% of Annual Rates Not Exceeding 4 Months 50% of Annual Rates Not Exceeding 5 Months 60% of Annual Rates Not Exceeding 6 Months 70% of Annual Rates Not Exceeding 7 Months 75% of Annual Rates Not Exceeding 8 Months 80% of Annual Rates Not Exceeding 9 Months 85% of Annual Rates Exceeding 9 Months The Full Annual Rates Extension of Short Period Policy shall not be permitted
  • 38. • Rules for Cancellation At the Option of Insured : (i) Retention of SP Rates (ii) During Currency if the policy replaced by same Co. by new annual policy for same property then Pro-rata refund is allowed (iii) For the SI not replaced refund after retaining premium on SP Rates for such S.I. (iv) In Case of S.P. policies premium retained as per S.P. Rates (v) In case Policy cancelled by Govt. Orders or on completion of a Bldg. in course of construction or where bldg. is demolished, pro-rata refund be allowed At the Option of Insurer : Pro-rata refund is allowed
  • 39. • Mid Term Revision in S.I. Increase in S.I. : On Pro-rata Basis Decrease in S.I.: On Short Period Scale • Escalation Clause a. Only upto 10% of the S.I. b. 50% of Full Rate to be charged on selected %age c. Only for Bldg., Machinery & Accessories & not for stocks d. Average condition will also apply
  • 40. • Floater Policy : Can be issued for stocks at various locations under one Sum Insured ( unspecified locations are not allowed ) - Rate Shall be highest rate applicable at any location with 10% loading - In case stock in process block is covered under Floater Policy & the rate of process block is higher than the storage rate, the process block rate plus 10% loading shall apply - If stock situated within godown / process block in the same compound are covered under floater policy, no floater extra is chargeable
  • 41. • Declaration Policies : For frequent fluctuations in Stock / Stock Values - Minimum SI shall be Rs. 1 Crore in one or more locations & the SI shall not be less than 25 lacs in atleast one of these locations. Declared value should approximate to this figure at sometime during the policy year - Monthly declaration based on (a) average of the values at risk on each day of month or (b) highest value at risk during the month. If declaration not received within specified time the full SI shall be deemed to have been declared - Reduction of SI is not allowed - Refund of premium on adjustment shall not exceed 35% of the total premium
  • 42. - Basis of Valuation will be Market Value - Not Permissible for (a) on Short Period Basis (b) Stocks undergoing process © Stocks at Railway sidings - If at the time of loss it is found that the last decl. previous to the loss is less than the amt. ought to have been declared, the claim amt. shall be reduced in such proportion as the amt. of said last decl. bears to the amt. that ought to have been declared.
  • 43. • Floater Declaration Policies : - Minimum S.I should be 2 Crores - Both Floater & Declaration policy rules will apply - Minimum retention of premium shall be 80% • Rating of Multiple Occupancy Industrial Estate - Shall be rated ‘per se’ - If the Entire Bldg. of Industrial Estate is insured under one S.I. a rate of 1.80%o be charged - The Contents will be rated ‘per se’
  • 44. • Silent Risk : Under Section IV & V Only - Factories where no manufacturing & Storage work is carried out for continuously 30 or more days - Retention of premium shall be based on appropriate storage rate or silent risk rate of Rs. 1.00%o whichever is higher - The Silent risk rates are not applicable if risk is silent due to a claim / loss.
  • 45. VOLUNTARY DEDUCTIBLES – both SFSP plus add ons Deductible Amount (Rs. In Lacs) Discount AOG Perils Other Perils (%) 5% of claim amt. subject to minimum to Rs. 10 Lakhs 5 Lakhs 4 20 Lakhs 10 Lakhs 8 30 Lakhs 15 Lakhs 10 60 Lakhs 30 Lakhs 12 100 Lakhs 40 Lakhs 14 >100 Lakhs >50 Lakhs Refer to HO
  • 46. SECTION III • Dwellings, Officers, Hotels, Shops Etc. Located outside the compound of a Factory • Long Terms Policy for ‘Dwellings’ only - Minimum for 3 yrs. - Refund : Subject of Circular dt.03.03.2009 i.e. - (i) If cancelled within 3 years – retain premium with normal rates with no discount - (ii) If cancelled after 3 years – rework premium as per discounted slabs – For fraction of year, rounded of to next higher year – Subject to retention of minimum premium - No inclusion of perils mid-term - Method : A - Method : B ( Discount upto 50 % for 10 yrs. & above)
  • 47. SECTION IV • INDUSTRIAL / MANUFACTURING RISK - One rate for entire property in one compound i.e. process area, storage, office, utilities etc. - If more than one product is manufactured in the same block the highest rate will be applicable - If 2 or more factories are there or independent products are manufactured in the same compound the manu. Block shall be rated ‘per se’ if located detached. Misc. Blocks / utilities / godowns / tank farms etc. in such cases shall carry lowest rate of all such manu. Blocks. - Dwelling located inside the factory may be rated ‘per se’
  • 48. SECTION V • Utilities outside the Manufacturing Risks - Rates given for various utilities
  • 49. SECTION VI • Storage outside Indl./ Manu. Risk - Two Rates – Within Godown & Open - 4 Categories – NH, I, II, & III - Rates will apply for bldg./ storage area and stocks - Operation like packing/selecting/mending /stitching etc. are covered if do not materially alter nature of risk - Presence of hazardous goods of higher category not exceeding 5% to total S.I. are also covered - Utilities / Misc. Blocks shall be rated Re. 1.00%o - Open Storage of 2% of S.I. is allowed when the risk is rated within godown
  • 50. SECTION VII • Tanks Farms / Gas Holders outside the Factory • All tanks in same area shall carry highest rate - Tanks of hazardous chemicals / liquid are covered - Utilities & Misc. Blocks shall be rated at Re.1.00%o - Associated properties like pumping station, compressor house, blower house etc. will rated at par with Gas holder
  • 51. CLAIMS • While Deputing Surveyor the nature of subject matter involved should be kept in mind and appropriate Surveyor should be appointed • A Company official should visit to site as early as possible • If there is a doubt in admissibility of claim – an investigator should also be appointed • For disposal of salvage the general guidelines laid down should be followed – but salvage disposal be undertaken on priority basis because the salvage due to Fire deteriorate faster.
  • 52. • Processing of Claims – documents required A. Common 1. Claim Intimation 2. Policy 3. Claim Form 4. Survey Report B. Specific In case of Fire & Explosion : (i) FIR & Fire Brigade Report In case of AOG:(i) Meteorological Report or in absence (a) Local Bodies certificate or (b) cutting of newspaper
  • 53. In case of RSMD & Impact damage : Police Report DOS due to Power Failure : (i) Log Book Maintained by the insured for maintaining temperature (ii) Certificate from Electricity Deptt. In Addition to the above the U/W may insist any other document / evidence to establish loss
  • 54. NON-STANDARD / COMPROMISE • When breach is not material or of tech. nature or beyond the control or knowledge of insured : (i) Policy is rectified after collecting addl. Premium if due (ii) A deduction is made from assessed amt. equivalent to 3 years premium – which would have come had correct information available
  • 55. • If breach is material to loss or insured or his agent contributed to loss and has not consciously committed the breach : - Payment can be considered on merits of each case upto a maximum of 75% of the Assessed Loss
  • 56. STEPS INVOLVED IN LOSS ASSESSMENT 1. Gross Loss Assessed Less : Depreciation = A 2. Less : Salvage = B 3. Less : Under Insurance = C 4. Less : Excess = D 5. Net Claim Payable = A-B-C-D