CONTRACTORS’ ALL RISKS INSURANCE
I- Definitions :
Natural person or corporate body, designated therefore in the Schedule, underwrites a policy, signs it and pays the suited premium.
– Policyholder or any other person substituted for him following the death of the policyholder or the alienation of the insured property.
– Any person for account of which the policyholder is specified according to the Schedule.
- Third Party
Any person other than :
– The insured, and because of their common activities, their partners;
– Spouse, ascendants and descendants of the insured;
– When the insured is a natural person, CEOs, Administrators, General Managers and Managers;
– Agents and employees of the insured in their posts, as well as any person usually living with the insured or working on his behalf.
Any sudden, unforeseen, non-intentional and external event to the victim or to the damaged property, hence causing the covered damage.
All blames or claims formulated under the event arising from the same initial reason and leading to the cover of the Insurer, under the terms of this contract that occurs in the validity period.
- Damage :
– Property damage: any loss, destruction or damage of item or matter and also any physical attack to animals.
– Bodily injuries: any bodily offence to a natural person.
- Insured property
The work itself including the required components for its achievement as specified in the Schedule.
Title I.Material or Physical Damage:
Insured property by this title is specified in the Schedule.
The indemnity of this title will be done within the limits of sums and deductions of excesses as specified in the Schedule.
- Covers during the period of building work
The Insurer will indemnify the Insured for all accidental damage, losses or theft, caused by the insured property on the building site during the period of cover, except those that are the subject of general and special exclusions of the said title.
The insurer will also refund the policyholder the demolition costs undertaking during the loss entitled to compensation pursuant to the contract up to the amounts specified in the Special Conditions.
- Covers during the period of maintenance
Unless otherwise stipulated in the Schedule, the Insurer will indemnify the Insured for all accidental damage or losses caused by the insured property on the building site that would exclusively arise from incidents resulting from carelessness, clumsiness, bad manoeuvre, attributable to the insured and that would occur during this period while executing tasks resting with the Insured.
Title II. Liability to Third Party:
Unless otherwise stipulated in the Schedule, the Insurers will cover the insured against pecuniary consequences of their felonious liability or quasi felonious in the event of accidents, in consequence of bodily injuries and property damage caused to a Third Party, directly attributable to the execution of work insured by the contract and occurring during the period of cover on the building site.
Apart from bodily injuries and property damage caused to the Third Party, the insurers will cover:
1- All procedure expenses that the Insured may have paid to the claimant.
2- All procedure expenses that the Insured has undertaken with the written consent of the Insurers.
The limits of indemnity relating to the title are set in the Schedule.
III- General Exclusions :
Are excluded from cover :
– Intangible losses of any kind, including fines and penalties, whatever due to the delay in delivery, non-observance of delays or any other causes, unemployment, loss of enjoyment, depreciation or shortfall in output.
– Losses, damage and liabilities directly or indirectly caused by:
a. Foreign war: burden of proving that the damage results from a fact other than a foreign war shall be upon the Policyholder.
b. Civil war, riots or civil commotions, strike, lockout, acts of terrorism or sabotage committed within planned actions, forfeiture or summons, damage caused by a governmental order or by any other public authority. Burden of proving that the damage results from one of these events shall be upon the Insurers.
– Direct or indirect effects of explosion, of heat or of irradiation coming from the accumulation of atomic nucleus and/or of radioactivity, and radiation effects caused by the artificial acceleration of particles coming from the accumulation of atomic nuclei.
– Intentional damage caused by the Insured or with his complicity, as well as all losses coming from defects or defaults that the Insured knows from the underwriting date of the contract.
– Complaints for threat to the environment and in particular property damage, damage and expenses directly or indirectly caused by:
· Pollution or soil, water and air contamination.
· Noise, smells, temperature, humidity.
· Vibrations and radiations.
· Change in the balance of groundwater.
– Losses caused by items being motivated from reserves of owner, principal or from supervision, when the loss finds its origin in the same reason of theses reserves as long as these ones would not be levied.
IV- Special Exclusions:
Titre I. Special Exclusions for property damage coverage:
Apart from general exclusions, this part does not cover:
– Losses or damage caused to :
· Planes, aircrafts, unattached engines and their equipments.
· Motor vehicles subjected to legal insurance.
– Documents, plans, files, invoices, cash, banknotes, acts, securities, checks, stamps, archives, packaging materials, cash boxes.
– Losses or damage due to the non-observance of the rule book as defined by technical documents done by professional organisations regulating the covered activities and/or included in the remit book, when this non-observance is the fact of the Insured or, if it is a natural person, or manager.
– Losses or damage due to error of calculation design or of plan
– Expenses for undertaking the substitution of default materials, the correction of defects or of bad execution of work. This exclusion is yet limited to the part or parts of work that are the cause of damage. The other parts of work that are damaged after the occurrence of one of these aforementioned reasons are covered.
– Losses or damage on machines and building sites engines covered by this contract due to breakdown or electrical and/or mechanical perturbations.
– Losses are only revealed on the occasion of inventory, and also thefts committed by members of the Insured’s family or by his agents during their services. Burden of proving shall be upon the Insurer.
– Damage resulting temporary repairs as well as experimental research
– Compulsory consequences or liabilities that the Insured would accept by agreement or by contract and he would not have to answer without these agreements or contract.
– Losses or damage due to dilapidation, tiredness, corrosion, wear and tear, oxidation, ageing, deterioration coming from modification of substance and from normal climatic conditions.
Titre II. Special Exclusions for liability coverage
Are excluded from cover :
– Bodily injuries, property damage and diseases that could be victims, in the practise of their posts, employed or agents of the Insured at fault, and those caused by spouse, ascendants or descendants of the Insured.
– Damage caused to items whose The Insured or persons whom he is legally responsible have ownership, keeping or holding.
– Damage caused by unattached engines, aircrafts or motor vehicles subjected to legal insurance whose The Insured or any other person whom he is legally responsible has ownership, driving or keeping
– Compulsory consequences or liabilities that the Insured would accept by agreement or by contract and he would not have to answer without these agreements or contract
– Damage caused by all items, works, materials, machines or building site engines are insured by this insurance under “MATERIAL OR PHYSICAL DAMAGE” risks.
– Damage caused by all items, grounds or buildings, by vibrations, removal or support weakening, as well as bodily injuries, property and consequential damage coming from such events.
Insured’s Obligations following a loss
In the event of a loss, the Insured or the Policyholder must:
1. As soon as he learns of the loss and at the latest within 5 days following the loss except in the case of fortuitous circumstances or force majeure, notify the Insurers, otherwise forfeit, in writing, by registered letter to the registered office of the Insurer or verbally (article 7 of the Insurance Code).
Under the same penalties, following a theft, the due time of the notification of loss is reduced to 2 days.
2.Directly take all the required steps to minimise the extent of the loss and to salvage the insured property.
3.Inform the Insurers, as soon as possible, the date and place of the loss, its circumstances and its known or presumed causes, as well as an estimated statement of damage: insured property destroyed and/or recovered.
4.Indicate, if necessary and as soon as he learns of the loss, the name and address of the responsible person or company of the loss.
5.Refrain from carrying out any repair without the written consent of the Insurers.
However, in case of urgency, the Policyholder or the Insured can ask the Insurers, by telegram or by registered letter with acknowledgement of receipt.
Authorization to repair immediately the damaged insured property, provided that such repairs do not change the appearance of loss; the silence of the Insurers, more than 10 days after the reception of the request, means tacit acceptance.
6. In every case and until the assessment, take all the required steps relating to the observation of damage, and in particular to the damaged insured property or to replace, and let them available to the mandated representatives of the Insurers responsible for assessing damage.
7. In the event of theft, with or without breaking and entering, without slowing to report to the Police or to any other authorities at the latest within 24 hours and to register a complaint on the same day.
8. In the event of damage caused to the Third Party, notify names and addresses of injured victims, names and addresses of witnesses and also of the party at fault, and provide with all pieces of information that are required for the estimation of liabilities and repairs possibly due.
9. Upon receipt, send to the Insurers, all summonses, writ and other pieces relating to all procedures or actions that would be suing.
10. Undertake, or authorize all actions that are judged to be necessary by the Insurers in order to salvage his rights or to obtain other parts other than those that are insured by this contract, compensation or indemnity that the Insurers would be entitled to, directly or by subrogation, from the fact of being indemnified loss or damage under this contract, that these measures should be judged necessary or required before or after he would be indemnified by the Insurers.
Fault, by the Insured, to comply with obligations provided in paragraphs 2 to 10 above, except in the case of fortuitous circumstances or force majeure, the Insurers may ask for compensation proportioned to damage that this lack can cause him.
Any acknowledgement of liability, any transaction intervening out of the Insurers shall be against him.
If, of bad faith, the Policyholder or the Insured makes misrepresentations, amplifies the estimated amount of losses, intends destroyed items not existing during damage, conceals or removes all or part of the insured property, knowingly uses, as a justification, fraudulent means or inaccurate documentation, he shall forfeit all rights to indemnify on all risks.