Public Liability Takaful Plan. Terms & Conditions

Transcription

1 1 Public Liability Takaful Plan Terms & Conditions

2 2 Dear Customer We are pleased to provide you with Public Liability Policy (hereon referred as Policy), which provides protection against unforeseen events and perils. Its prime purpose is to indemnify you in the event you incur any liability as stated in the Cooperative Insurance Policy Certificate. In return for your Contribution to the Policyholders account, you will receive Insurance cover as stated in the Cooperative Insurance Policy Certificate subject to the terms, conditions, warranties, provisions and exclusions expressed or implied in the Policy and Endorsements attached or to be added later. Under a contract, to be made by and between the Company and the Policyholder Public, Liability shall be covered throughout the period specified in Cooperative Insurance Policy Certificate against the contribution fees payable by the Policyholder. This document shall include all conditions, provisions and procedures governing the implementation of such contract. When drawing up this Policy, SABB Takaful Company (the Company) has relied on the information and statements, which have been provided by you at application. The Company SABB Takaful agrees to be the Policyholders account manager and on the basis of terms and conditions contained in this Policy, agrees to provide Insurance cover to the Policyholder in this Policy for risks covered under this Policy to the extent and in the manner stated in the Cooperative Insurance Policy Certificate. Personal Information Collection Statement The information you provide to us will enable us to carry on Insurance business and; May be used for the purpose of: a) Any Insurance or financial related product or service or any alterations, variations, cancellation or renewal of such product or service; b) Any claim or investigation or analysis of such claim; c) Exercising any right of subrogation. The information you provide to us may be disclosed to: Any related Company or any other Company dealing with the Insurance or Re- Insurance related business or an intermediary or a claim or investigation or other service provider providing services relevant to Insurance business for any of the above or related purposes; Saudi Arabia Monetary Agency (SAMA) or any other government organization that exists or is formed from time to time to carry out regulatory functions concerning the Saudi insurance industry. Issued by SABB TAKAFUL COMPANY limited liability Head Office P.O. Box 9086, Riyadh 11413, Kingdom of Saudi Arabia Telephone: (9661) Service Help line: (9661) Facsimile: (9661)

3 3 Index Page No Shariah Basis of Policy 4 Part 1: Definition 5 Part 2: Coverage 7 Part 3: Exclusions 8 Part 4: Extension 10 Part 5: General Conditions 11

4 4 Shariah Basis of this Policy In accordance with the cooperative insurance principle: 1. The Company will maintain accounts for insurance operations separate from the shareholders accounts in accordance with the Implementing regulations provisions of the Law on Supervision of Co-operative Insurance Companies. 2. The Company undertakes to invest all funds, whether relating to shareholders or the policyholders strictly in accordance with the rules of Shariah principles and in consistent with the company Investment policy approved by the Saudi Arabian Monetary Agency. The company will add or subtract the investment return of the policyholder s invested funds, and subtracting the general expenses related to the policyholder s portion of the investment activities. 3. The Company, as the insurance administrator, will manage the insurance operations in favor of the policyholders. In case of net surplus in the insurance operations account, it will be distributed in the following way: a) Ten percent (10%) of the annual net surplus shall be distributed to the policyholders directly or in the form of reduction in premiums for the next year. b) From the remainder, if any, an amount equal to 15% of the total written premiums shall be carried forward to the shareholders account as a fee against the Company s management of the insurance operations and investment in favor of the policyholders. This management fee shall not exceed 90% of the net surplus. c) From the remainder, if any, following the distribution referenced (a) and (b) above, company shall carry forward 35% of the net surplus to the shareholders account as performance incentive. d) The Company may maintain the remainder of net surplus, if any, in the policyholders account or distribute it wholly or partially to the policyholders following approval by the Saudi Arabian Monetary Agency and the Company s General Assembly. The Company reserves the right to reinsure. We shall endeavor to reinsure on Shariah compliant basis. However, if this is not possible, it is permitted by Shariah Committee to reinsure on a conventional basis until an acceptable Shariah compliant solution is available. The Contributor (Insured) having applied to the Company by a written Proposal (which shall be the basis of this contract and is deemed to be incorporated herein) and having paid or agreed to pay the contribution. Subject to the Terms of the Policy, the Company will indemnify the Insured during the first Period of Insurance as stated in the Policy Certificate and any subsequent period of insurance for which the renewal contribution invited by the Company. Our charges to cover the cost of acquisition and administration will be subject to a maximum charge of 34% of your Contribution. The Company has the right to change any of these charges by an advance notice. This Policy, the Certificate, any Memoranda and Endorsements hereon shall be considered as one document and any word or expression to which a specific meaning has been attached in any of them shall bear such meaning throughout. Any word in the masculine gender shall also include the feminine gender where applicable.

5 5 Part 1: Definitions 1. The Policy is the Public Liability Policy. 2. Act of Terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public or any section of the public, in fear. 3. Business shall include the provision and management of canteens social sports and welfare organization for the benefit of the Participant s Employees and internal first aid fire and ambulance services 4. Contribution means the amount stated in the Cooperative Insurance Policy Certificate that the Participants contribute to the Policyholders account. 5. Company means SABB Takaful Company. 6.Damage shall include loss. 7. Employees who work with the applicant mean a) Person under a contract of service or apprenticeship with the Participant b) Labor master and persons supplied by him c) Person hired or borrowed from any public authority company firm or individual while working for the Policy in connection with the Business. 8. Accidents shall mean an unforeseen and unexpected event of violent, accidental, external and visible nature, which shall independently of any other cause, be the sole and direct cause of bodily injury. 9. Endorsement means a written document issued by the Company evidencing any change in or addition to or deletion from the original document and which is attached to or endorsed on to the Policy. 10. Excess The amount, which is deducted from the claim amount and is specified within the Cooperative Insurance Policy Certificate. 11. Insurance Regulations means the Law on Supervision of Co-operative Insurance Companies, promulgated by Royal Decree No. (M/32) dated H (corresponding to G), and its implementing regulations and any subsequent amendments thereto. 12. Injury shall mean bodily injury result in death or/and disability. 13. Geographical limits shall mean the territorial limits where the business is carried out and this Policy is valid. 14. Fund Manager account holders SABB Takaful Company 15. Policyholders account manager means SABB Takaful Company, 16. Period of Insurance / period of Insurance cover means the length of time for which the Insurance cover is valid. 17. Property shall mean material property inside the Saudi Arabia. 18. Product Supplied mean any product sold supplied erected repaired altered treated installed processed manufactured or tested by the Policyholder in the course of the Business and no longer in the custody or control of the Policyholder together with the containers packaging and instructions supplied therewith. 19. Application Form means data, information and online application form and submitted by the policyholder (the participant) or his representative. 20. Shariah Principles means Islamic law as agreed by the Shariah Committee of the Company. 21. Shariah Committee means a committee of renowned independent Shariah Scholars to supervise the Company s commitment of the Company to the Shariah Principle. 22. Insurance Benefit means the amount of protection, for each covered event as shown in the Cooperative Insurance Policy Certificate or as notified to you at renewal. 23. Cooperative Insurance Policy Certificate means the certificate, which provides details of Insurance cover. The Cooperative Insurance Policy Certificate is part of this Policy. 24. Policyholders account means the account allocated for entry of policyholders contributions collected, returns on investment of policyholders account, compensation received from re-insurance and any indemnities, fees or other expenses dedicated from it 25. Coverage Shariah compliant insurance cover provided under this Policy.

6 6 Part 2: Coverage The Coverage will be subject to the following requirements: 1. Observance and fulfillment of the Terms of this Policy relating to anything to be done or complied with by the Policy holder or the Participant or any claimant. 2. The correctness of the information in the Proposal. 3. The adequate substantiation of the claim. 4. Ascertaining and agreement on the amount of compensation. 5. The Proposal shall be incorporated in and be the basis of the contract. 6. The Policyholder will pay the Contribution as a consideration for Protection. This Policy shall not be in force unless the Certificate has been approved and signed by an Authorized Representative of the Company and attached to the Policy. The Company will indemnify the Policyholder against legal liability for damages and claimants costs and expenses in respect of: a) Accidental Injury to any covered person. b) Accidental Damage to covered Property. Happening during any Period of Insurance cover within the Geographical Limits in connection with the Business according to the Policy. The liability of the Company for damages and claimants costs and expenses in respect of any Event shall not exceed the Limit of Indemnity stated in the Cooperative Insurance Policy Certificate irrespective of the number of parties claiming to be indemnified in the Policy. The Company will in addition pay a) The costs of legal representation at: i. Any coroner s inquest or inquiry in respect of any covered death. ii. Proceedings in any court arising out of any alleged breach of statutory duty resulting in Injury or Damage in any Property which may be the subject of indemnity under the Policy. iii. The Company will not pay any claim if the amount payable is less than the amount state in the Cooperative Insurance Policy Certificate. b) All other costs and expenses incurred with the Company s written consent

7 7 Part 3: Exclusions The Company shall not be liable in respect of 1. Injury or Damage caused by or arising in connection with the ownership possession or use by or on behalf of the Policyholder or any person entitled to indemnify of any. a) Mechanically propelled vehicle or trailer attached thereto other than legal liability arising out of i. The use of plant as a tool of trade on any site where the Policyholder is undertaking work and where compulsory Protection or security in respect of legal liability to third parties is not required by any legislation governing the use of motor vehicles. ii. The use of plant at the premises of the Participant. iii. The loading or unloading of any vehicle Except where indemnity is provided by any or motor insurance Policy or by any other more specific Protection Policy. b) Vessel craft or device made or intended to float on or in or to travel through water or air or space (other than water-borne hand-propelled or sailing craft up to 6 meters in length in inland or territorial waters). c) Locomotives. 2. Damage caused by foul berthing or foul mooring 3. Injury to any Employee. 4. Any claim arising under any Employees Compensation or Workmen s Compensation Law. 5. Damage to Property which at the time of the Event giving rise to legal liability is owned by or held in trust by or in the custody or control of the Policyholder other than: a) Employees effects. b) Premises not owned by or leased or rented to the Policyholder at which the Policyholder is undertaking work in connection with the business. c) Premises leased or rented to Policyholder where such legal liability has not been assumed by the Policyholder under agreement unless such liability would have attached in the absence of such agreement provided that an Excess of SAR5,000} shall apply in respect of Damage caused to such premises otherwise than by fire or explosion. 6. Damage to any land structure building or property due or alleged to be due to vibration or subsidence or the removal weakening of or interference with support of such land structure building or property or liability arising in consequence of such Damage 7. The costs of making good faulty or inferior workmanship. 8. Claims arising in connection with any Product Supplied other than food and drink supplied in canteens sport and social clubs provided by the Policyholder for the use of Employees. 9. Claims arising out of a) Advice. b) Design provided for a fee. c) Specification. d) Any breach of the duty owed in a professional capacity by the Participant. 10. Claims arising out of pollution or contamination. 11. Liability assumed by the Participant under agreement unless such liability would have attached in the absence of such agreement. 12. Punitive damages. 13. Any Excess in the Cooperative Insurance Policy Certificate. 14. Any legal liability of whatsoever nature directly or indirectly caused by or contributed to or arising from Ionizing radiations or contamination by radioactivity from any nuclear fuel or from nuclear waste from the combustion of nuclear fuel For the purpose of this exception combustion shall include any self-sustaining process of nuclear fission. 15. Any consequence of war invasion act of foreign enemy hostilities or warlike operations (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power. 16. An act of Terrorism. Notwithstanding any provision to the contrary within this Insurance Protection or any endorsement thereto it is agreed that this Insurance cover excludes loss, damage, cost or expense of whatever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss. This Insurance cover also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any Act of Terrorism. If the Company alleges that by reason of this exclusion, any loss damage, cost or expense is not covered by this Insurance Protection, the burden of proving the contrary shall be upon Participant. In the event any portion of this exclusion is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

8 8 Part 4: Extension The following shall be indemnified as if a separate Policy had been issued to each a) The personal representatives of the Policyholder in respect of liability incurred by the Policyholder b) Any of the following if the Policyholder so requests in the Policy. i. Any principal for whom the Policyholder is carrying out work in connection with the Business ii. Any director of Employee of the Policyholder in respect of liability for which the Participant would have been entitled to indemnity under this Policy if the claim had been made against the Policyholder iii. The officers committees and members of the Participant s canteen social sports and welfare organizations and first aid fire and ambulance services in the respective capacities as such each of whom shall as though the Participant be subject to the terms of this Policy so far as they can apply

9 9 Part 5: General Conditions 1. Sites that adhere to the company of causing accidents must be mentioned in the certificate of insurance and cooperative. 2. The Participant shall take reasonable precautions to prevent Injury and Damage as he will be in title to maintain all buildings furnishings ways works machinery plant and vehicles in sound condition and to observe and comply with all statutory and public authority laws regulations obligations and requirements The Participant shall as soon as possible after discovery cause any defect or danger to the made good or remedied and in the meantime shall cause such additional precautions to be taken as the circumstances may require 3. The Participant shall comply with all statutory requirements concerning the inspection of passenger lifts and steam pressure apparatus 4. Upon the happening of any Event, which may give rise to a claim (regardless of any Excess) the Policyholder shall forthwith give written notice to the Company with full particulars. Every letter claim writs summons and process shall be forwarded to the Company immediately to receipt Written notice shall also be given by the Policyholder to the Company immediately the Policyholder shall have knowledge of any prosecution or inquest in connection with any Event for which there may be liability under this Policy. No admission offer promise payment or indemnity shall be made or given by or on behalf of the Participant without the written consent of the Company which shall be entitled to take over and conduct in the name of the Participant the defense or settlement of any claim or to prosecute any claim in the name of the Participant for its own benefit and shall have full discretion in the conduct of any proceedings and in the settlement of any claim. The Participant shall give all such assistance as the Company may require. 5. In connection with claims arising out of one Event the Company may at any time subject to any Express pay to the Policyholder the appropriate Limit of Indemnity (after deduction of any sums already paid as damages and claimants costs and expenses) or any less amount for which such claims can be settled and thereupon the Company shall relinquish the control of such claims and be under no further liability in connection therewith except for costs and expenses for which the Company may be responsible under this Policy in respect of matters prior to the date of such payment. 6. If any part of the Contribution is based on estimates furnished by the Participant shall keep an accurate record containing all relevant particulars and shall allow the Company to inspect such record. The Participant shall within one-month form the expiry of each Period of the Insurance cover furnish such information as the Company may require. The Contribution or Renewal Contribution shall thereupon be adjusted and the difference paid by or allowed to the Participant 7. If at the time any claim arises under this Policy there be any other insurance covering the same liability the Company shall not pay more than its ratable proportion of such claim 8. Cancellation: a) The company can any time during the period of protection cancel this Policy by giving valid reasons and sending 30 days from the beginning of this document or any expanding to this document. Contribution Refund Table: Contribution Covered Contribution Refund (not exceeding) 4 months 50% 5 months 40% 6 months 30% 8 months 20% More than 8 months Nil b) Any cancellation of the company for fraud and / or misrepresentation and / or withhold information and / or suppressing the facts by the policy holder. c) The Company may cancel if you sent the policyholder a written notice requesting the company to cancel this document, the company will scrap this document as of the date received by the company this notification by the Director of the IPO that is retrieved Subscriptions paid in advance, if any, according to the schedule described above. d) The Company may cancel this document after the expiration of the document, without giving any reason at all, is that any renewal of this document is not guaranteed at all. e) Of the company the right to cancel this document under the notice of 30 days by registered mail to the holder of the document, the last known address, if the company is planning to pull this product if decided by the Executive Committee of the company through the recovery of subscriptions pre-paid, if any, according to the schedule described above. f) Of the company the right to cancel this document without any compensation to the holder of the document and by notice to the holder of the document if stopped / canceled regulating the insurance market in Saudi Arabia (Saudi Arabian Monetary Agency - SAMA) approval of this product or request to stop providing this product to new customers.

10 10 9. Subrogation: The Policyholder shall at the request and at the expense of the Company do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Company for the purpose of enforcing any rights and remedies or of obtaining relief or indemnity from any other parties, to which the Company shall be or would become entitled or subrogated upon its paying or making good any Damage under this Policy, whether such acts and things shall be or become necessary or required before or after payment of loss by the Company. 10. Legal Action No action shall be brought to recover on this Policy prior to the expiration of 60 days after written proof of claim has been filed in accordance with this Policy. All rights of recovery under this Policy shall lapse after a period of 365 days from the date of occurrence of any event that gives the Policyholder / Participant a right of recovery under this Policy. 11. Governing Law, Jurisdiction, and Arbitration This Policy is subject to the exclusive jurisdiction of the Kingdom of Saudi Arabia and shall be governed in accordance with the laws of the Kingdom of Saudi Arabia including without limitations, the Insurance Regulations. If both parties agree to resolve the dispute arising under this Policy by arbitration, such arbitration shall be carried out in accordance with the laws and regulations of the Kingdom of Saudi Arabia which govern arbitration. Accordance with the laws and regulations of the Kingdom of Saudi Arabia, which govern arbitration. 12. Considered Language The English translation is for reference purposes only. In the event of any inconsistency between the Arabic version and the English version, the Arabic version shall prevail.