LIABILITY INSURANCE POLICY
I- Subject and Extent of Cover:
- Subjectof Cover :
– Principle of Cover
By this policy and pursuant to provisions and articles 23, 24, 25 and 26 of the Insurance Code, the Insurers cover the Insured person, up to the amounts specified in the Special Conditions, from pecuniary consequences of liability that may be upon him under articles 82, 83, 93, 96 and 97 of the Code of Warranties and Contracts following accidents arising from damage to Third Party and from risks such as defined in the Special Conditions.
– Additional Cover
As specified in the Special Conditions or an endorsement to the contract at the request of the Insurers, the cover, in consideration of an additional premium, extends to the bodily injuries and property damage caused by fire or explosion, resulting from an accident covered by contract.
- Extent of Cover:
The cover of this Policy is awarded up to the amounts specified in the Special Conditions and subject to the limits, excesses and exclusions as provided for in the General as well as in the Special Conditions.
1. Relative Exclusions :
Unless otherwise derogation expressly stipulated in the Schedule and payment of an additional premium, are excluded from the cover of the Contract:
– Losses caused by elevators, cranes, cars, tractors and, in general, any machines or floating, air, navy, fluvial or lake vehicles.
– Property damage resulting from fire or explosion not following from an accident, and this caused by circumstances such as theft, water damage, steam, soot, smoke, dust.
– Pecuniary consequences of liability incurred by the Insured under contractual obligations.
– Damage specific to activities such as, underground mines, harbour work, bridges, seawalls, dams, manufacturing and maintenance of mechanical upturn vehicles.
ARE ALSO EXCLUDED UNLESS OTHERWISE DEROGATION AND SPECIAL AGREEMENTS:
– Damage caused by extraction, manufacturing, handling, processing, transportation, supplying and stocking of gaseous or liquid combustibles, and the risks of research, of drilling and of refining processes.
– Any work proceeded in laboratories or institutions in the field of blood transfusion or technical genetic.
– Damage caused by the sale of computer equipment.
– Any malpractice liabilities of professions, and generally, of any service providers.
– Damage to goods, animals, entrusted objects or products to the insured for use even if the insured’s liability is maintained.
– Les dommages corporels causés par les intoxications alimentaires et empoisonnements.
– Bodily injuries caused by food poisoning and poisoning.
– Damage caused by air and soil water pollutions, and its damageable consequences to people, animals, things, plants and the environment in general.
– The neighbourhood disorder and nuisance not resulting from an accident such as discharge, suspension, rejection or depot of solid, liquid or gaseous matters, producing sound, smell, wave vibration, radiation or changing temperature.
– The word “transportation”, when it is used in the Schedule, simply intends that insurance extends to bodily accidents caused to Third Party by the act of loading, unloading or handling of goods or materials done by hand.
– When the excavation work recovers from the insured activity, accidental damage caused to cables, pipes and underground fittings are not insured in the following conditions:
a. Damage may not result in an inevitable and predictable work, service or supply that the Insured is expected to achieve within his usual activities under this contract.
b. Damage shall not result from the non-observance of the rule book, recognized as such in the practise of the insured activities.
c. The insured must hold plans and necessary information to identify cables, pipelines and underground fittings. He must make a written request by registered letter with acknowledgment of receipt to the concerned organizations.
d. If not obtaining plans and details specified hereinafter and at least eight days before starting the required work, the Insured must inform the concerned organisms of the place and date of the beginning of work by a second registered letter with acknowledgement of receipt, accepting no responsibility in case of damage caused to underground fittings or in case of indirect damage caused to Third Party.
2. Absolute Exclusions:
Are always excluded from insurance:
– Damage caused by the wilful misconduct of the Insured himself or with his complicity.
– Accidents caused to spouses, ascendants, descendants, partners, employees of the Insured and any person usually living at the Insured’s home.
– Damage caused by animals, furniture, matters and objects that the Insured and persons such as Third Party are owners, tenants, guardians, users or usual holders.
– Damage caused by vibration, radiations and any other nuisances when they are not the direct result of property damage from a covered accident.
– Bodily injuries such as poisoning or food poisoning resulting from the use and sale of damaged, contaminated and irradiated products when the Insured is cognizant of, and unfit for human consumption.
– Damage resulting from the unfair use of information on products, from deficiencies in labelling and packaging, from lack of security of products resulting from lack of information of users or from the dangers of possessing stolen goods per se.
– Losses caused by foreign war and those committed thanks to it (burden of proving that the damage results from a fact other than a foreign war shall be upon the Insured).
– Losses caused either by civil war, or by strikes, lockout, riots or civil commotions, attacks, acts of terrorism, of sabotage and those committed thanks to these events (burden of proving that the damage results from one of these events shall be upon the Company).
– Losses caused by earthquake, volcanic eruption, floods, typhoons, drought, hurricanes, tornadoes, cyclones or other calamities or atmospheric phenomenon coming from force majeure.
– Losses due to direct or indirect effects of explosion, of heat, of irradiation coming from the accumulation of atomic nuclei or of radioactivity, as well as losses due to radiation effects caused by the artificial acceleration of particles.
– Damage attributable to the private life of the Insured or to the practise of the occupational activity by himself other than specified in the Schedule.
– Damage resulting inevitably and predictably :
a. Either modalities of execution of work, service, or supply, that the insured is expected to achieve within his usual activities and that are analysing as being the normal performance of tasks inherent in the activities provided for in the Schedule.
b. Or the non-observance of the rule book recognized as such in the practise of the Insured activities.
– Damage resulting from the participation of the Insured to bets, horse-race, bicycles or motors, and to the tests that precedes them.
– Damage incurred by products aimed at the aeronautics and spatial industry.
– Damage emanating from the supply of goods or services specially used forPetroleum technology.
– Damage caused by explosives used by the Insured or any person whom is legally responsible.
– Consequences of any risks arising from the use of motor vehicles.
III- Notification of Loss :
The Insured, otherwise forfeit, must notify as soon as he learns of the loss at the latest within 5 days following the loss except in the case of fortuitous circumstances or force majeure, verbally or in writing by registered letter to the registered office of the Insurer or to one of his agents.
The Insured must point out:
The date, time, place, kind, and the circumstances of the accident as well as its known or presumed results.
This notification must also mention the number of the insurance contract, the name and address of victims, of injured people and of possible witnesses.
Besides, the Insured must provide the Insurers with any additional information that is useful to ask.