68
any matters connected therewith. No claim under this policy shall be
payable unless the terms of this condition have been complied with.
II. In no case whatsoever shall the Company be liable for any loss or damage
after the expiry of 12 months from the happening of the loss or damage
unless the claim is the subject of pending action or arbitration; it being
expresslyagreedanddeclaredthatiftheCompanyshalldisclaimliabilityfor
any claim hereunder and such claim shall not within 12 (twelve)
calendar months from the date of the disclaimer have been made
the subject matter of a suit in a court of law then the claim shall for all
purposes be deemed to have been abandoned and shall not thereafter
be recoverable hereunder.
6. On the happening of loss or damage to any property insured under
this policy, the Company may
a. Enter and take keep possession of the building or premises where
the loss or damage has happened.
b. Take the possession of or require to be delivered to it any property
of the insured in the building or on the premises at the time of the loss
or damage.
c. Keep possession of any such property and examine, sort arrange
remove otherwise deal with the same.
d. Sell any such property or dispose of the same for account of whom it may
concern.Thepowersconferredbythisconditionshallbeexercisablebythe
Company at anytime until notice in writing is given by the insured that
he makes no claim under the policy, or if any claim is made, until such
claim is nally determined or withdrawn, and the Company shall not
by any act done in the exercise or purported exercise of its powers
hereunder, incur any liability to the Insured or diminish its rights to rely
upon any of the conditions of this policy in answer to any claim.If the
insured or any person on his behalf shall not comply with requirements
of the Company or shall hinder or obstruct the Company, in the exercise
of its powers hereunder, all benets under this policy shall be forfeited.
The Insured shall not in any case be entitled to abandon any property
to the Company whether taken possession of by the Company or not
7. Any person who, knowingly and with intent to defraud the insurance
company or other persons, les a proposal for insurance containing any
false information, or conceals for the purpose of misleading, information
concerning any fact material thereto, commits a fraudulent insurance act
which will render the policy voidable at the insurance company’s sole
discretion and result in a denial of insurance benets. If a claim is in
any respect fraudulent, or if any fraudulent or false plan, specication,
estimate, deed, book, account entry, voucher, invoice or other document,
proof or explanation is produced, or any fraudulent means or devices
are used by the insured, policyholder, beneciary, claimant or by anyone
acting on their behalf to obtain any benet under this policy, or if any
false statutory declaration is made or used in support .Thereof, or if loss
is occasioned by or through the procurement or with the knowledge or
connivance of the insured, policyholder, beneciary, claimant or other
person, then all benets under this policy are forfeited
8. If the Company at its option, reinstates or replaces the property
damaged or destroyed, or any part thereof, instead of paying the amount
of the loss or damage, or join with any other Company or Insurer(s)
in so doing, the Company shall not be bound to reinstate exactly or
completely but only as circumstances permit and in reasonably sufcient
manner, and in no case shall the Company be bound to expend more
in reinstatement than it would have cost to reinstate such property as it
was at the Company thereon. If the Company so elects to reinstate or
replace any property the insured shall at his own expense furnish the
Company with such plans, specications, measurements, quantities and
such other particulars as the Company may with a view to reinstatement
or replacement shall be deemed an election by the Company to reinstate
or replace. If in any case the Company shall be unable to reinstate or
repair the property hereby insured, because of any municipal or other
regulations in force affecting the alignment of streets or the construction
of buildings or otherwise, the Company shall, in every such case, only be
liable to pay such sum as would be requisite to reinstate or repair such
property if the same could lawfully be reinstated to its former condition.
9. Reinstatement Value Clause
The insurance in respect of building and all contents except Personal
Effects will be subject to the following provision:
“It is hereby declared and agreed that in the event of the building and/or
any content other than Personal Effects insured under this Policy being
lost, destroyed or damaged, the basis upon which the amount payable
under the policy is to be calculated shall be cost of replacing or reinstating
on the same site or any other site with property of the same kind or type
but not superior to or more extensive than the insured property when
new as on date of the loss, subject to the following Special Provisions
and subject also to the terms and conditions of the policy except in so
far as the same may be varied hereby.” Special Provisions:
a. The work of replacement or reinstatement (which may be carried
out upon another site and in any manner suitable to the requirements
of the insured subject to the liability of the Company not being thereby
increased) must be commenced and carried out with reasonable dispatch
and in any case must be completed within twelve (12) months after the
date of loss, destruction or damage or within such further time as the
Company may in writing allow, otherwise no payment beyond the amount
which would have been payable under the policy if this Reinstatement
Value Clause had not been incorporated there in shall be made.
b. Until expenditure has been incurred by the Insured in replacing or
reinstating the property lost, destroyed or damaged the Company shall
not be liable for any payment in excess of the amount which would have
been payable under the policy if this Reinstatement Value Clause had
not been incorporated therein.
c. If at the time of replacement or reinstatement the sum representing the
cost which would have been incurred in replacement or reinstatement
if the whole of the property covered had been destroyed, exceeds the
Sum Insured thereon or at the commencement of any loss, destruction
or damage to such property by any of the perils insured against by the
policy, then the insured shall be considered as being his own insurer for
the excess and shall bear a rateable proportion of the loss accordingly.
d. This Reinstatement Value Clause shall be without force or effect if:
1. The Insured fails to intimate to the Company within six (6) months
after the date of loss, destruction or damage or such further time as the
Company may in writing allow his intention to replace or reinstate the
property lost destroyed or damaged; or
2. The Insured is unable or unwilling to replace or reinstate the property
lost, destroyed or damaged on the same or another site.
10. If at the time of any loss or damage happening to any property hereby
insuredthere be any other subsisting insurance or insurances, whether
effected by the Insured or by any other person or persons covering the
same property, this Company shall not be liable to pay or contribute
more than its rateable proportion of such loss or damage.
11. The Insured shall at the expense of the Company do and concur in
doing, 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 other parties
to which the Company shall be or would become entitled or subrogated,
upon its paying for or making good any loss or damage under this policy,
whether such acts and things shall be or become necessary or required
before or after his indemnication by the Company.
12. If any dispute or difference shall arise as to the quantum to be paid
under this policy (liability being otherwise admitted) such difference
shall independently of all other questions be referred to the decision
of a sole arbitrator to be appointed in writing by the parties to or if they
cannot agree upon a single arbitrator to be within 30 days of any party
invoking arbitration, the same shall be referred to a panel of three
arbitrators, comprising of two arbitrators, one to be appointed by such
two arbitrators shall be conducted under and in accordance with the
provisions of the Arbitration and Conciliation Act, 1996, as amended. It
is clearly agreed and understood that no difference or dispute shall be
referable to arbitration as hereinbefore provided, if the Company has
disputed liability under or in respect of this policy. It is hereby expressly
stipulated and declared that it shall be a condition precedent to any right
of action or suit upon this policy that the award by such arbitrators of the
amount of the loss or damage shall be rst obtained.
13. Every notice and other communication to the Company required by
these conditions must be written and be addressed to the Company at
its corporate ofce address as follows: