Property insurance General Conditions of Allianz Business Plus business interruption insurance Allianz insurance A to Z.
Not Binding Translation From Polish The Polish Text is Prevailing Table of Contents General Provisions.......................................................................................1 Definitions..............................................................................................1 Subject Matter Insured...................................................................................1 Insured Location.........................................................................................1 5. Scope of Insurance.......................................................................................2 6. Exclusions of Liability.....................................................................................2 7. Sum Insured and Premium...............................................................................2 8. Period of Insurance Cover. Indemnity Period................................................................2 9. Obligations of the Policyholder and the Insured.............................................................2 10. Payment of Compensation................................................................................2 1 Assessment of the Amount of Loss and Compensation.......................................................3 1 Final Provisions..........................................................................................3
General Conditions of Allianz Business Plus business interruption insurance General Provisions The General Conditions of Allianz Business Plus business interruption insurance, hereinafter referred to as GCI, shall apply to insurance contracts covering the loss of profit as a result of disruption or interruption of the Insured s business, entered into with or for the account of business operators by Towarzystwo Ubezpieczeń i Reasekuracji Allianz Polska Spółka Akcyjna, hereinafter referred to as Allianz. Insurance cover under the Allianz Business Plus business interruption insurance, hereinafter referred to as the business interruption insurance contract, may be provided to business operators who keep books of account in compliance with the Accounting Act of 29 September 1994 (Journal of Laws of 2002, No 76, item 694, as amended) and with implementing regulations to the aforementioned Act. The conclusion of the business interruption insurance contract shall be conditional upon prior or simultaneous conclusion of a movable property insurance contract under the General Conditions of Allianz Business Plus Insurance, hereinafter referred to as the GCI for Allianz Business Plus insurance. The period of insurance cover under the business interruption insurance contract may not be longer than the period of insurance cover under the insurance contract made under the GCI for Allianz Business Plus insurance. 5. Where not provided for herein, the provisions of the GCI for Allianz Business Plus insurance shall apply as appropriate. 6. Provisions additional to or different from those set forth herein shall be effective only if made in writing and accepted by both parties. Allianz shall present the difference between the content of the insurance contract and the GCI to the Policyholder in writing prior to the conclusion of the contract unless the contract is entered into through negotiation of the parties. Definitions The terms used in these GCI shall have the following respective meanings: 1) Fixed costs expenses incurred by the Insured, classified as costs within the meaning of applicable tax provisions, which do not depend on the volume of purchases, production or sales, such as: depreciation charges (the cost of depreciation of tangible fixed assets), lease fees, rent, basic fees for electricity, heat, water and gas consumption, interest on loans, administrative expenses, base wages together with related charges (excluding the Insured s performance bonuses), insurance premiums assessed on a basis other than production or sales, and other fixed charges independent of the volume of purchases, production or sales; 2) Variable costs expenses incurred by the Insured, classfied as costs within the meaning of applicable tax provisions, the amount of which varies with changes in the volume of purchases, production or sales, including in particular: 1) the cost of raw and other materials, packaging (including the cost of their transport, loading and unloading), 2) the cost of transport, shipment fees and other export fees, 3) insurance premiums assessed on the volume of production or sales, 4) licence fees and invention royalties depended on the volume of purchases, production or sales. 3) Maximum indemnity period an indemnity period declared by the Policyholder in the insurance proposal form, which is 3, 6, 9 or 12 months, starting at the date on which damage to property occurs causing disruption or interruption of the Insured s business; 4) Indemnity period (loss period) a period beginning with the occurrence of damage to property causing disruption or interruption of the Insured s business until the adverse effect of the damage on the Insured s business performance is eliminated, but no longer than than the date of expiry of the maximum indemnity period; 5) Valuation period a time interval within which the loss in gross profit is estimated, resulting from disruption or interruption of the Insured s business; the valuation period is a period of 12 months preceding the day on which the damage to property stopped having an adverse effect on the Insured s business performance, or the date of expiry of the maximum indemnity period if the loss in gross profit continues; 6) Business operator a natural person, legal person or unincorporated body carrying on business or professional activity in their own name; 7) Sales revenue the sum of net revenue (i.e. excluding VAT, customs duty and excise duty) earned and payable to the Insured in respect of products and/or goods sold or services rendered as part of the Insured s business carried on at the insured location; within the meaning of this definition, sales revenue shall not include any revenue derived from operations unrelated directly to the object of the Insured s business, such as e.g. capital investments, revenue from deposits, purchase and sale of real property, etc.; 8) Damage to property any damage, destruction or loss of insured property used by the Insured to arry on business at the insured location, resulting directly from the insured event defined in the GCI for Allianz Business Plus insurance as fire, lightning stroke, explosion, implosion, aircraft impact or fall, terrorism, strong wind, hail, the elements, for which Allianz is liable under the GCI for Allianz Business Plus insurance; 9) Policyholder a person with legal capacity (natural person, legal person, unincorporated body), entering into an insurance contract with Allianz and obligated to pay insurance premiums; 10) Insured a business operator for whose benefit an insurance contract is made; all provisions of these GCI concerning Insured shall apply to the Policyholder as appropriate; 11) The Insured s business profit a positive difference between total sales revenue and costs incurred to generate the revenue, i.e. fixed and variable costs; 12) Gross profit within the meaning of the GCI the Insured s business profit, as declared in the Allianz Business Plus insurance proposal form, plus fixed costs (sales revenue less variable costs). Subject Matter Insured The subject matter insured is the expected gross profit that the Insured would have derived from business carried on at the insured location, within the maximum indemnity period, if the business had not been interrupted or disrupted in consequence of damage to property for which Allianz is liable pursuant to the provisions of 5, as well as fixed costs incurred by the Insured during the indemnity period. Insured Location The insurance cover applies to damage to property causing disruption or interruption of the Insured s business carried on at the insured location. The insured location covered is the insured location specified in the contract made under the GCI for Allianz Business Plus insurance. 1
5. Scope of Insurance The insurance covers evidenced lost profit referred to in 3 and evidenced fixed costs incurred during the indemnity period, which the Insured would have to incur despite a decrease in production or sales or due to an increase in costs resulting directly from damage to property. The liability of Allianz under the business interruption insurance arises only when damage to property resulting in the disruption or interruption of the Insured s business was caused by an insured event defined in the GCI for Allianz Business Plus insurance as fire, lightning stroke, explosion, implosion, aircraft impact or fall, terrorism, strong wind, hail, the elements, provided that Allianz is liable for the damage pursuant to the provisions of the GCI for Allianz Business Plus insurance. Damage to property that does not cause the liability of Allianz under the business interruption insurance includes any damage: 1) resulting from causes other than those specified in paragraph 2; 2) resulting from an accident; 3) to documents, plans, books and records, files, drawings, models and any other information irrespective of the data medium. The following are excluded from insurance cover: 1) variable costs, 2) value added tax (VAT), excise duty and export duties, 3) costs not related directly to the Insured s manufacturing, trading or service activities, including any costs incurred in respect of investment portfolio management and concerning capital investments. 5. If liability of Allianz under the business interruption insurance contract is established, fixed costs are refunded up to the sum insured in accordance with the following rules: 1) Allianz shall be liable for fixed costs incurred by the Insured if such costs are legally or economically justified and if they could have been covered by the Insured if the business had not be disrupted; 2) economically justified costs are the costs of rent and/or lease fee related to the building/unit in which damage to property arose, incurred within the maximum indemnity period declared by the Policyholder, but no later than the loss cessation date (indemnity period); 3) the costs of remuneration and fees incurred after the earliest possible termination date after the damage date shall be deemed economically justified only where it was necessary to incur such costs to retain the Insured s employees and/or agents (sales representatives); 4) depreciation charges (write-offs) in respect of use of buildings, plant and machinery shall be refunded when they concern plant and machinery unaffected by damage to property; 5) in assessing the amount of loss, Allianz shall take into account all circumstances of which it is aware and which would have had a favourable or adverse effect on the Insured s business performance had the busines not been interrupted; 6) in assessing the compensation amount, Allianz shall reduce the amount of compensation by any economic benefits that arose in connection with the damage after the cessation of its effects during the continuance of the agreed maximum indemnity period. 6. Exclusions of Liability The liability of Allianz under the business interruption insurance contract shall be excluded to the extent the loss results from: 1) an event not covered by insurance or if Allianz is not liable for the loss pursuant to the provisions of the GCI for Allianz Business Plus insurance, 2) an order by an authorized authority which constrains the Insured s ability to reconstruct, resume or continue business, 3) the Insured having no access in due time to funds sufficient to reconstruct, repair or purchase destroyed, damaged or lost property or the Insured s delay in taking measures to reinstate business. The exclusions and limitations of liability of Allianz mentioned in the GCI for Allianz Business Plus insurance shall also apply to the liability of Allianz under the business interruption insurance contract. 7. Sum Insured and Premium The sum insured for business interruption may be determined under either of the following two options: 1) the sum insured equals the sum insured for fire and other perils under an insurance contract made under the GCI for Allianz Business Plus insurance, 2) the sum insured is calculated on the basis of the Allianz form enclosed to the business interruption insurance contract. The maximum sum insured under the business interruption insurance contract is five million zlotys (PLN 5,000,000). These GCI shall not apply if a higher sum insured is agreed. The method of premium assessment and payment is governed by 14 of the GCI for Allianz Business Plus insurance. 8. Period of Insurance Cover. Indemnity Period An insurance contract shall be concluded on the basis of a business interruption insurance proposal form completed and signed by the Policyholder, and in the case described in 7 (1) (2) also a completed form for the calculation of the sum insured. The method of conclusion of the insurance contract and the period of insurance cover (its beginneing and end) are set forth in 13 of the GCI for Allianz Business Plus insurance, subject to the provisions of 1 (3) and (4) of these GCI. Irrespective of the length of the declared maximum indemnity period, the amounts calculated in accordance with 7 (1) (1) and (2) are always treated as annual values. The maximum indemnity period commences upon the occurrence of damage to property, for which Allianz is liable in accordance with the GCI for Allianz Business Plus insurance. Where it is not possible to objectively ascertain the point in time when damage to property occurred, it shall be deemed to have occurred when the Policyholder/Insured could, beyond any doubt, recognize the occurrence of damage to property, no later, however, than the day on which profit loss arose. 9. Obligations of the Policyholder and the Insured The Policyholder/Insured shall be required to correctly and accurately keep the accounts, including books of account, accounting records, financial statements and the profit and loss account in compliance with the regulations referred to in 1 (2), and shall make the documentation available to Allianz in the event of loss. The Insured shall be required to comply with the obligations mentioned in 15 of the GCI for Allianz Business Plus insurance. 10. Payment of Compensation Having accepted its liability, Allianz shall be required to pay compensation within 30 days of receiving claim notification unless the liability of Allianz is ascetained in principle, but it is not possible to assess the amount of loss within that time limit. In such a case, Allianz shall make advance payments on account of compensation within 30 days of receiving claim notification. 2
If it is not possible to clarify the circumstances necessary to ascertain the liability of Allianz or the amount of advance payment on account of compensation within the above time limit, advance payments on account of compensation shall be made within 14 days of the day on which it becomes possible to clarify such circumstances with the exercise of due diligence. Allianz shall, in each case, make advance payments on account of compensation to the Insured up to the amount representing an indisputable amount of loss already incurred, provided that the liability of Allianz by way of indemnity is unambiguously ascertained, despite the fact that the loss continues. 1 Assessment of the Amount of Loss and Compensation Allianz shall assess the amount of compensation for loss of profit resulting from the disruption or interruption of the Insured s business in accordance with 5 of these GCI. The basis for compensation calculation is the difference between the expected gross profit that would have been earned, taking into account all known positive and negative circumstances, if the damage to property and interruption or disruption of the Insured s business resulting therefrom had not occurred, and the gross profit that was actually earned in the valuation period despite the occurrance of damage to property. If the Insured has reported a loss within the valuation period, gross profit shall be taken to be nil. Compensation shall be calculated on the basis of source documents and bills held by the Insured, confirming the revenue earned and the costs incurred. In assessing the amount of loss, Allianz shall take into account all circumstances of which it is aware and which would have had a favourable or adverse effect on the Insured s business performance had the Insured s business not been disturbed. If the indemnity period is shorter than 12 months, compensation shall be payable up to the amount corresponding to the part of the sum insured proportional to the length of the indemnity period. 5. If insurance is taken out under the option: 1) referred to in 7 (1) (1), and at the time damage to property occurred the sum insured for movable property was less than the value thereof, Allianz shall only cover the part of lost gross profit that bears the same proportion to the whole loss as the sum insured for movable property bears to its replacement or actual value; 2) referred to in 7 (1) (2), and the sum insured calculated by the Policyholder proves understated, Allianz shall be liable only for the part of lost gross profit that bears the same proportion to the whole loss as the limit of liability bears to a correctly calculated sum insured, in line with the method adopted to calculate the sum insured in the proposal form. 6. The Insured shall share in compensation in a fixed amount referred to as the flat deductible. The amount of flat deductible shall in each case be deducted in advance from the calculated amount of total compensation. 10. Up to the sum insured, Allianz shall cover evidenced and economically justified costs, connected with an insured event, of measures taken by the Insured to in order to salvage the subject matter insured and to prevent damage or reduce its extent insofar as such measures were appropriate, even if they proved ineffective. 1 The rules for compensation assessment by appraisers are set forth in 18 of the GCI for Allianz Business Plus insurance. 1 Appraisers findings must include: 1) profit and loss accounts for the current financial year until the commencement of disruption or interruption of the Insured s business and for the whole preceding accounting year, drawn up in compliance with the Accounting Act; 2) a forecast profit and loss account showing the Insured s profit and costs which would have arisen during the indemnity period if the disruption or interruption of the Insured s business had not occurred; 3) a profit and loss account showing the Insured s revenue, costs and profit during the indemnity period in consequence of the disruption or interruption of the Insured s business, drawn up compliance with the Accounting Act; 4) information on whether and how the factors affecting the scope and extent of the Insured s claim have been taken into account in the compensation amount assessment process. 1 In the profit and loss accounts, the appraisers shall take into account the provisions contained in these GCI. All types of costs should be shown separately, with fixed costs clearly highlighted. 1 Final Provisions Where not provided for herein, the relevant provisions of the GCI for Allianz Business Plus insurance, the provisions of the Civil Code, the Insurance Business Act and other mandatory laws and regulations shall apply as appropriate. Any disputes arising out of or in connection with the insurance contract shall be resolved by common courts having material and territorial jurisdiction over the registered office of Allianz or the place of residence of the Policyholder, the Insured or a holder of rights under the insurance contract, in a civil process. Any complaints connected with the conclusion or performance of the insurance contract may be submitted by the Policyholder, the Insured or a holder of rights to the Headquarters of TUiR Allianz Polska (Head Office). Complaints may also be submitted to the Insurance Ombudsman. These General Conditions of Insurance were adopted by Resolution of the of TUiR Allianz Polska S.A. No 102/2010 of 17 November 2010 and shall apply to insurance contracts made on or after 1 December 2010. 7. The flat deductible shall be fixed on a time basis (in working days). The timebased flat deductible shall run from the occurrence of damage to property. 8. In the case mentioned in paragraph 6, the liability of Allianz shall apply to a loss incurred after the expiry of the time-based flat deductible. Piotr Dzikiewicz Vice President of the Michael Müller Vice President of the 9. As part of compensation and up to the sum insured, Allianz shall refund fixed costs in accordance with 5 of the GCI. Jerzy Nowak Vice President of the Zbigniew Świątek Member of the Dariusz Karłowicz Member of the 3
Helpline: 801 10 20 30 www.allianz.pl TUiR Allianz Polska S.A. BIBPUEN-O01 02/11