DEDUCTIBLE BUY-BACK INSURANCE - Stevens 09 amended SCHEDULE

Transcription

1 DEDUCTIBLE BUY-BACK INSURANCE - Stevens 09 amended PLEASE READ THE ENTIRE POLICY CAREFULLY AND INFORM THE PERSON(S) OR FIRM NAMED IN ITEM 11. BELOW IMMEDIATELY IF IT IS NOT CORRECT. 1. NAME OF THE INSURED: 2. ADDRESS OF THE INSURED: SCHEDULE POLICY NUMBER: 3. POLICY PERIOD: From: to both days at 4.00pm local standard time at the address of the Insured. 4. PERILS INSURED: Cyclone 5. THE PROPERTY OR INTEREST: Real and personal property of the Insured and Business Income. 6. THE PROPERTY IS LOCATED 7. PREMIUM: AUD (100%) 100% Minimum Earned Premium is deemed earned at inception. 8. (a) OVERLYING INSURERS: (b) POLICY NUMBER: 9. LIMIT: AUD each and every Occurrence 10. INSURED S RETENTION: AUD each and every Occurrence 11. NOTIFICATION OF CLAIMS TO: (Australian producing broker) 12. LAW AND JURISDICTION: Choice of Law: Australia Jurisdiction: As per Conditions NOMINEE FOR SERVICE OF SUIT: Lloyd s Australia Ltd as per Conditions 7 This Policy does not provide any coverage with regard Business Interruption or any other Time Element coverage or Accounts Receivable, Royalty or Leasehold Insurance or similar coverage, unless the Time Element Coverages Extension (LSW1659) is attached to this Insurance. Page 1 of 4 Stevens 09

2 DEDUCTIBLE BUY-BACK INSURANCE - Stevens 09 In consideration of the payment of premium, and in reliance upon all statements made and information furnished to the Underwriters, the Underwriters agree to provide coverage to the Insured subject to all the terms and conditions hereinafter provided. 1. INSURING CLAUSE: The Underwriters agree to indemnify the Insured named in Item 1 of the Schedule in respect of direct physical loss or damage to the property described in Item 5 of the Schedule, while located or contained as described in Item 6 of the Schedule, occurring during the policy period stated in Item 3 of the Schedule and caused by any of such perils as are set forth in Item 4 of the Schedule, all as covered by and defined in the Policy/ies specified in Item 8 of the Schedule (hereinafter referred to as the Policy/ies of the Overlying Insurers ). 2. LIMIT: Underwriters liability hereunder shall not exceed the Limit stated in Item 9 of the Schedule, only to pay the excess of the amount to be retained by the Insured (hereinafter referred to as the Insured s Retention ) as stated in Item 10 of the Schedule, and for a loss to contribute to the Limit and Insured s Retention hereon, such loss must be a loss that would be an admitted loss under the Policy/ies of the Overlying Insurers except for the deductible provisions contained therein. However, this Policy shall not cover any loss adjustment expenses incurred in preparing or certifying details of a claim resulting from a loss which is payable, or would otherwise be payable but for any deductible provision, under the Policy/ies of the Overlying Insurers. Nothing contained in the foregoing shall be construed however to deny the Underwriters the right to appoint, or agree to share in the appointment of, any Loss Adjuster in the investigation of any loss under this Policy. 3. NOTIFICATION OF CLAIMS: The Insured shall, upon knowledge of any Occurrence likely to give rise to a claim hereunder, give immediate written advice thereof to the Underwriters through the person(s) or firm named for that purpose in Item 11 of the Schedule. 4. APPLICATION OF RECOVERIES: All salvages, recoveries and payments recovered or received subsequent to a loss settlement under this Policy shall be applied as if recovered or received prior to the said settlement and all necessary adjustments shall be made by the parties hereto. 5. MAINTENANCE OF OVERLYING INSURANCE: In respect of the perils hereby insured against this Policy is subject to the same warranties, terms and conditions (except as regards the premium, the amount and limits of liability, any deductible provision, and the renewal agreement, if any, AND EXCEPT AS OTHERWISE PROVIDED ELSEWHERE IN THIS POLICY) as are contained in or as may be added to the Policy/ies of the Overlying Insurers prior to the happening of an Occurrence for which claim is made hereunder. It is a condition of this Policy that the Policy/ies of the Overlying Insurers shall be maintained in full effect during the currency of this Policy. Page 2 of 4 Stevens 09

3 6. CANCELLATION: This Insurance may be cancelled by the Insured at any time by written notice or by surrender of this Policy. This Insurance may also be cancelled by or on behalf of the Underwriters by delivering to the Insured, or by mailing to the Insured, by registered, certified or other first class mail, at the Insured's address as stated in Item 2 of the Schedule, written notice stating when, not less than sixty (60) days thereafter, except ten (10) days thereafter in respect of non - payment of premium, the cancellation shall be effective. The mailing of such notice as aforesaid shall be sufficient proof of notice and this Insurance shall terminate at the date and hour specified in such notice. If this Insurance shall be cancelled by the Insured, the Underwriters shall retain the customary short rate proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the earned premium hereon or the customary short rate proportion of any minimum premium stipulated elsewhere within this Insurance, whichever is the greater, subject always to the amount stated in Item 7 of the Schedule as Minimum Earned Premium being deemed fully earned at inception. If this Insurance shall be cancelled by or on behalf of the Underwriters, the Underwriters shall retain the pro-rata proportion of the premium hereon, except that if this Insurance is on an adjustable basis the Underwriters shall receive the earned premium hereon or the pro-rata proportion of any minimum premium stipulated elsewhere within this Insurance whichever is the greater. Payment or tender of any unearned premium by the Underwriters shall not be a condition precedent to the effectiveness of cancellation but such payment shall be made as soon as practicable. If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction thereof, such period shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 7. OVERSEAS JURISDICTION CLAUSE: It is hereby agreed that:- a. This Insurance shall be governed by the law of Australia whose Courts shall have jurisdiction in any dispute arising hereunder; and b. Any summons, notice or process to be served upon the Underwriters for the purpose of instituting any legal proceedings against them in connection with this Insurance may be served upon: Lloyd s Australia Ltd Level Pitt Street Sydney, NSW 2000 Australia who have authority to accept service on their behalf. Page 3 of 4 Stevens 09

4 8. RADIOACTIVE CONTAMINATION EXCLUSION: This Policy does not cover any loss or damage arising directly or indirectly from nuclear reaction, nuclear radiation or radioactive contamination, however such nuclear reaction, nuclear radiation or radioactive contamination may have been caused. 9. WAR EXCLUSION: This Policy does not cover loss or damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority. 10. VALUATION: The valuation basis of this Policy is Replacement Cost, as defined in the Policy/ies of the Overlying Insurers, except as provided in said Policy/ies of the Overlying Insurers. 11. DEMOLITION / INCREASED COST OF CONSTRUCTION: This Policy is subject to the same provisions as respects Demolition and Increased Cost of Construction as are contained in the Policy/ies of the Overlying Insurers. 12. UNINTENTIONAL ERRORS AND OMISSIONS: This Policy is subject to the same provisions as respects Unintentional Errors and Omissions as are contained in the Policy/ies of the Overlying Insurers. 13. SEEPAGE AND POLLUTION EXCLUSION / DEBRIS REMOVAL: This Policy is subject to the provisions of the Seepage and Pollution Exclusion, and the Debris Removal Clause, contained in the Policy/ies of the Overlying Insurers. 14. LAW AND JURISDICTION This Policy shall be governed by the laws of the State as stated in Item 12 of the Schedule and subject to the jurisdiction of a court of competent jurisdiction within Australia, as determined in accordance with the provisions of Condition 7 of this Policy. 15. FRAUDULENT CLAIM If the Insured shall make any claim knowing the same to be false or fraudulent, as regards amount or otherwise, this Policy shall become void and all claim hereunder shall be forfeited. Page 4 of 4 Stevens 09

5 TIME ELEMENT COVERAGES EXTENSION It is understood and agreed that this Insurance extends to cover Time Element coverages (as insured under the Policy/ies of the Overlying Insurers) consequent upon the loss or damage to the Property insured hereby. The Limit and the Insured s Retention as stated in Items 9 and 10 of the Schedule are inclusive of damage to Property and Time Element coverages. Page 1 of 1 For attachment to Stevens 09

6 Conformity Clause It is hereby understood and agreed that wherever the word Deductible appears herein it will be deemed to read Excess. Page 1 of 1 For attachment to Stevens 09