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Policy Cmi Incl Endorsements en

This document is a comprehensive machinery insurance policy that summarizes the key details of the policy. It identifies the insuring and insured parties, lists the sections of coverage provided (operational material damage and operational business interruption), and defines important terms used in the policy like actual value, additional insurance cover, deductible, insured, insurer, loss, premises, property insured, proposal, schedule, section, sums insured, and terrorism. It also outlines exclusions like loss resulting from war, terrorism, and nuclear perils.

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0% found this document useful (0 votes)
87 views

Policy Cmi Incl Endorsements en

This document is a comprehensive machinery insurance policy that summarizes the key details of the policy. It identifies the insuring and insured parties, lists the sections of coverage provided (operational material damage and operational business interruption), and defines important terms used in the policy like actual value, additional insurance cover, deductible, insured, insurer, loss, premises, property insured, proposal, schedule, section, sums insured, and terrorism. It also outlines exclusions like loss resulting from war, terrorism, and nuclear perils.

Uploaded by

martin.kurtev.g
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 56

Comprehensive machinery (CM) insurance

Policy No.

This policy of insurance is made between

1. the insuring party

and

2. the insurer

The insuring party has submitted to the insurer a proposal requesting insurance
cover to be provided under one or more sections of this policy of insurance and the
proposal has been accepted by the insurer. The insurance cover provided by this
policy of insurance is only in respect of and subject to the wording of those
sections to which the schedule has been completed and which have been signed
and dated by the insurer.

Subject to the insuring party having paid the agreed premium to the insurer and
subject to the terms, provisions, conditions, warranties and exclusions contained
herein or endorsed hereon the insurer shall indemnify the insured in the manner
and to the extent stated in the following section(s) forming part of this policy of
insurance:

Section 1 . Operational material damage (compulsory) x yes

Section 2 . Operational business interruption yes no

The insuring party acknowledges that it has ensured and shall continue to ensure
that all parties named as insured in any section of this policy of insurance disclose
to it all information required to be provided to the insurer and shall at all times
comply with any obligations which are placed upon the insured by any provision of
this policy of insurance.

The due observance and fulfilment of the terms of this policy of insurance insofar
as they relate to anything to be done or complied with by the insuring party and the
insured and the truth of the statements and answers given by or on behalf of the
insured in the proposal as well as any statements in the schedules to any section
of this policy of insurance shall be a condition precedent to any liability on the part
of the insurer.

No alteration of the terms of this policy of insurance which may be agreed as


between the insuring party and the insurer shall require the agreement or consent
of any other party constituting the insured under any section.

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Comprehensive machinery (CM) insurance

This policy of insurance shall be construed in accordance with the


laws of .

The language of communication under this policy of insurance


shall be .

In witness whereof, the duly authorized agent of the insurer signs this agreement
on its behalf.

Date Insurer

This policy of insurance shall not be effective unless signed above and dated by the insurer. No section
of this policy of insurance shall be effective unless the schedule is both signed and dated by the insurer.

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Definitions applicable to all sections

The terms . written in italics . used in this policy of insurance shall have the
following meanings unless they are defined differently in any section hereof or the
context so requires.

Act of default means a deliberate act regardless of whether the actual consequences of such an
act were anticipated or not or a reckless failure to take the reasonably necessary
precautions which a prudent insured would take to prevent loss or damage to the
property insured or any deliberate act of material non-disclosure or breach of any
warranty or condition of this policy of insurance.

Act(s) of God means an occurrence due to natural causes, directly and exclusively without
human intervention and which could not have been foreseen or if foreseen, could
not have been resisted by any amount of human care or skill.

Actual value means the cost which in the event of loss or damage to any item or part of the
property insured would be necessary to replace it with one of the same age and
capacity and similar make and quality, inclusive of all materials, wages, freight,
customs, duties and dues.

Additional insurance means any additional insurance cover the insured may decide to take out
Cover in any section of this policy of insurance.

Consequential loss means any financial loss of any kind or description whatsoever, including loss of
profit, loss of opportunity, losses due to delay, lack of performance, loss of contract
or penalties.

Deductible means the amount to be deducted from any payment otherwise to be made by the
insurer to the insured.

Insured means all the parties named as the insured in a section of this policy of insurance
and if the context so requires any one of them.

Insurer means the party named as such in this policy of insurance.

Insurer’s agent means an individual, firm or company appointed by the insurer to act on its behalf.

Insured party(ies) means the individual, firm, company, corporation or joint venture specified as an
insured in this policy of insurance.

Insuring party means the individual, firm, company, corporation, joint venture or combination of
the above named as such in this policy of insurance that has entered into this
policy of insurance on behalf of itself and any other party named as an insured in
any section in this policy of insurance.

Language of means the language in which communication between the insured and the insurer
Communication under this policy of insurance shall take place.

Malfunction means the failure of a data processing system, software program or built-in
microprocessor to function properly or the production of wrong results.

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Definitions applicable to all sections

Material change means any change in the nature, exposure, location, execution and maintenance
in risk of the property insured that a reasonably prudent insurer would consider material
to the acceptance of the risk under the terms and conditions of this policy of
insurance.

New replacement means the costs which would be incurred to replace the property insured at the
value premises with new items of similar kind and quality at any time during the policy
period.

Period of insurance means the period during which cover is provided by this policy of insurance as
specified in the schedule.

Policy of insurance means the proposal, the definitions, the conditions, the exclusions, the schedule
and the sections of this policy of insurance.

Premises means the location(s) of the property insured.

Premium means the premium payable under this policy of insurance calculated in accordance
with its terms.

Premium rate means the rate referred to as such in the schedule agreed between the insuring
party and the insurer.

Property insured means the property insured as specified in the schedule to this policy of insurance.

Proposal means the written information submitted to the insurer by the insuring party seeking
insurance cover under this policy of insurance.

Representatives means the directors, officers or any other individuals that have the authority to
exercise administrative or executive control over the execution of a contract or over
an operation or business.

Schedule means the schedule to the section(s) of this policy of insurance in which reference is
made to it.

Section means any section of this policy of insurance including the schedule thereto.

Sum(s) insured means the amount of insurance cover specified in the schedule in respect of any
particular item of property insured or interest insured or the total amount of
insurance cover specified in the schedule as the context may require.

Terrorism means an act, including but not limited to the use of force or violence and/or the
threat thereof, of any person or group(s) of persons, whether acting alone or on
behalf of or in connection with any organization(s) or government(s), committed for
political, religious, ideological, or ethnic purposes or reasons including the intention
to influence any government and/or to put the public, or any section of the public, in
fear.

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Exclusions applicable to all sections

1. Unless otherwise stated in any section of this policy of insurance, the insurer
shall not indemnify the insured in respect of any loss or damage resulting from or
aggravated by

1.1. war, invasion, act of foreign enemy, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection, mutiny, conspiracy, strike, lockout,
riot, civil commotion, military or usurped power, confiscation, nationalization,
commandeering, requisition or destruction or damage by or under the order of any
government de jure or de facto or by any public or local authority;

1.2. the acts of any person or persons acting on behalf of or in connection with any
organization with activities directed towards the overthrowing or influencing of any
government de jure or de facto by force or violence;

1.3. any act of terrorism;

1.4. ionizing radiation or radioactive contamination from any nuclear fuel or nuclear
waste or from the combustion of nuclear fuel;

1.5. the radioactive, toxic, explosive or otherwise hazardous or contaminating


properties of any nuclear installation, reactor or other nuclear assembly or nuclear
component thereof;

1.6. any weapon of war employing atomic or nuclear fission and/or fusion or any
other similar reaction or radioactive force or matter;

1.7. an act of default committed by the insured or its representatives.

In any action, suit or other proceeding in which the insurer alleges that by reason
of the provisions of exclusions 1.1, 1.2 and 1.3 above any loss or damage is not
covered by this policy of insurance, the burden of proving that such loss or damage
is covered shall be upon the insured.

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Conditions applicable to all sections

1. Payment of 1. Notwithstanding the provisions of clause 3 the payment of the premium by the
premium insuring party is a condition precedent to the insurer’s liability towards any insured
party under any section of this policy of insurance.

2. Reasonable 1.2. The insurer shall not be liable to indemnify the insured or any insured party in
Precautions respect of any occurrence happening prior to receipt of the premium.

2.1. The insured shall take at his own expense all reasonable precautions and
comply with all reasonable recommendations made by the insurer, to prevent loss
of or damage to the property insured or any liability arising under this policy of
insurance and comply with all relevant statutory requirements and manufacturers.
recommendations.

3. Multiple insured 3.1. If in any section the insured comprises more than one party each operating as
clause a separate and distinct entity, this policy of insurance shall, unless otherwise
provided for in this policy of insurance, apply as if a separate policy had been
issued to each of these parties provided always that the insurer’s overall liability
towards the parties that constitute the insured in any section shall not exceed the
sum insured and any limits of indemnity specified in the schedule to that section.

3.2. Any payment made by the insurer to any insured party as a result of an
occurrence of loss or damage shall reduce, by the amount of that payment, the
insurer’s liability towards all insured parties that constitute the insured arising from
that occurrence under this policy of insurance.

4. Act of default 4.1. In the event of an act of default being committed by an insured party or its
representatives the insurer shall not be liable to pay any amount to the insured
party under this policy of insurance.

4.2. An act of default committed by one insured party or its representatives shall
not prejudice the entitlement to indemnity of any other insured party that has not
itself (and whose representatives have not) committed an act of default.

4.3. In the event of the insurer refusing to indemnify an insured party as a result of
any act of default no other insured party shall be entitled to indemnity in respect of
the same loss or damage by assuming the rights or obligations of the insured party
whose claim for indemnity the insurer has refused or is entitled to refuse.

4.4. In the event of an act of default the insurer shall be entitled to claim from the
insured party any loss or damage it may have suffered including, without limitation,
any sums it may have paid to any other insured party as a result of any loss or
damage caused or contributed to by the insured party or its representatives
committing an act of default.

5. Subrogation 5.1. The insurer shall waive its rights of subrogation against all insured parties
provided no act of default committed by any insured party or its representatives
has caused any loss or damage to any other insured party.

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Conditions applicable to all sections

5.2. The insured shall at the insurer.s expense do and concur in doing and permit
to be done all actions that may be necessary or required by the insurer in the
interest of any rights or remedies or for the purpose of obtaining relief or indemnity
to which the insurer is or would become entitled or which is or would be subrogated
to him upon indemnification or rectification of any loss or damage under this policy
of insurance, regardless of whether such action is or becomes necessary or
required before or after the insured’s indemnification by the insurer.

6. Risk inspections 6.1. The insurer or the insurer’s agent shall have the right to inspect and examine
the property insured at any reasonable time and the insured shall provide the
insurer or the insurer’s agent with all relevant details and information.

7. Material change 7.1. As soon as is reasonably possible, any party named as the insured in any
in the risk section of this policy of insurance shall notify the insuring party of any material
change in risk of which it is aware or ought reasonably to be aware and shall take
or cause to be taken at its own expense any additional precautions that may be
necessary to prevent loss or damage occurring to the property insured as a result
of such material change in risk.

7.2. The insuring party shall immediately notify the insurer in writing upon receipt of
any notice from the insured.

7.3. The insurer shall not be liable for any loss of or damage to property insured
which would not have resulted had there not been a material change in risk unless
the insurer has agreed to the material change in risk in which case the scope of
cover and premium shall, if necessary, be adjusted by the insurer to reflect the
material change in risk.

8. Claims notifica- 8.1. In the event of any occurrence which might give rise to a claim under this
tion and the policy of insurance, the insured shall
insured’s obli-
gations following 8.1.1. notify the insurer in writing as soon as reasonably possible, indicating the
an occurrence nature and extent of the loss or damage;

8.1.2. take all such measures as may be reasonable for the purpose of minimizing
loss or damage;

8.1.3. ensure that all rights against carriers, bailees or other third parties are
properly preserved and exercised;

8.1.4. do and concur in doing and permit to be done all such things as may be
practicable to establish the cause and extent of the loss or damage;

8.1.5. preserve all parts affected and make them available for inspection by the
insurer’s agent as long as the insurer may require;

8.1.6. inform the police authorities of loss or damage due to fire, theft or burglary or
actions by any malicious person and render all reasonable assistance to the police
authorities;

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Conditions applicable to all sections

8.1.7. furnish any information and documentary evidence that the insurer may
require together with, if required, a statutory declaration of the truth of the claim.

8.2. If the insured or anyone acting on its behalf hinders or obstructs the insurer in
any way or does not comply with any reasonable recommendations the insurer
may make following the notification of any loss or damage, all benefits claimed
under any section of this policy of insurance shall be forfeited.

8.3. The insurer shall reimburse the insured for any charges properly and
reasonably incurred in pursuance of its duties in relation to clauses 8.1.2 and 8.1.3
above in addition to any loss recoverable under any section of this policy of
insurance.

8.4. Upon notifying the insurer the insured may repair any minor damage or
replace any parts of the property insured that have sustained minor damage. In all
other cases the insurer’s agent shall be given the opportunity to inspect the loss or
damage before any repairs are effected and if the insurer’s agent does not carry
out the inspection within a period of time which could be considered reasonable
under the circumstances, the insured shall be entitled to proceed with the repair or
replacement.

8.5. The liability of the insurer under this policy of insurance in respect of any lost
or damaged part or parts of the property insured shall cease if such part or parts
are not repaired or replaced in accordance with the relevant technical standards.

9. Fraudulent 9.1. If an insured party makes any claim that is fraudulent or any false declaration
claims or statement in support thereof, this policy of insurance between the insurer and
the insured party making such a claim shall become void and the insurer shall not
be liable to make any payment hereunder to that party.

9.2. For the avoidance of doubt, the insuring party shall not be entitled to any
return of premium in the event that the policy of insurance is treated as void.

10. Disclaimer of 10.1. If the insurer disclaims liability in respect of any claim and if conciliation is not
liability commenced within three months of such a disclaimer, all benefits under this policy
of insurance in respect of that claim shall be forfeited.

11. Other 11.1. If at the time any claim is made under this policy of insurance there is any
insurances other insurance covering the same loss or damage, the insurer shall not be liable
to pay more than the rateable proportion of any claim for such loss or damage.

12. Entire 12.1. This policy of insurance shall form the entire agreement between the insurer
agreement and the insuring party and any party claiming as an insured and supersedes and
replaces all prior communications, representations, warranties, undertakings and
agreements between the parties whether oral or written.

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Conditions applicable to all sections

13. Dispute 13.1. If any dispute arises as to the insurer’s liability under this policy of insurance,
Resolution either the insured or the insurer may give notice to the other that it wishes the
dispute to be referred to conciliation in accordance with and subject to the
International Chamber of Commerce (I.C.C.) Rules of Conciliation or any
modification thereof that is in force at that time.

13.2. If the matter cannot be resolved by conciliation either the insured or the
insurer may, within 28 days of either party deciding that the conciliation has failed,
require that the matter shall finally be settled under the I.C.C. Rules of Arbitration
by a panel of 3 (three) arbitrators in accordance with these rules.

13.3. Dispute resolution shall be conducted in the language of communication.

14. Termination of 14.1. This policy of insurance may be terminated at the request of the insuring
Policy party at any time or at the request of the insurer at any time subject to the insured
being given 30 days. notice to that effect, and in either case the insurer shall be
liable to repay on demand a rateable proportion of the premium for the unexpired
period from the date of termination less any reasonable inspection charges the
insurer may have incurred for the time this policy of insurance has been in force.

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Section 1 . Operational material damage

1. Indemnification 1.1. The insurer shall indemnify the insured for any sudden physical loss of or
damage to the property insured which the insured could not reasonably have
foreseen and which occurs at the premises at any time during the period of
insurance due to any cause not specifically excluded and which results in property
insured needing to be repaired or replaced.

1.2. The indemnity for each item specified in the schedule shall not exceed the
amount set opposite thereto or any limit of indemnity that may be applicable.

2. Property insured 2.1. The property insured under this section is all permanent and temporary
installations, mechanical, electrical and electronic equipment, buildings including
contents, stock, goods in process, owned, operated, or held in the care, custody or
control of the insured unless specifically excluded in this section.

3. Additional If specified in the schedule, the following additional insurance cover will be
insurance cover provided subject to the terms contained herein:

3.1. Capital additions

3.1.1. The insurer shall indemnify the insured in respect of loss of or damage to:

3.1.1.1. any buildings, machinery and other equipment acquired or operated by or


held in the care, custody or control of the insured after the inception of this policy of
insurance and not included in the schedule;

3.1.1.2. any additions or extensions to property insured which have been carried
out after the inception of this policy of insurance

collectively referred to as .capital additions.

3.1.2. Any increase in the new replacement value as a result of such capital
additions shall not exceed the percentage of the total sum insured specified in the
schedule.

3.1.3. This additional insurance cover is also subject to the insuring party advising
the insurer within three months of the particulars of any such capital additions and
the payment of any additional premium the insurer may require.

3.2. Expediting expenses

3.2.1. The insurer shall indemnify the insured up to the limit of indemnity specified
in the schedule in respect of reasonable extra costs for overtime, night-work, work
on public holidays, express freight (except airfreight) incurred to rectify loss of or
damage to property insured.

3.3. Fire-fighting expenses

3.3.1. The insurer shall indemnify the insured in respect of fire-fighting expenses
necessarily and reasonably incurred by the insured to prevent or minimize the

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Section 1 . Operational material damage

extent of any loss of or damage to the property insured indemnifiable under this
policy of insurance, including the cost of materials expended, costs incurred in
refilling fire-extinguishing appliances and replacing used sprinkler heads, wages of
personnel specifically engaged for such tasks and all fire-fighting costs claimed
against the insured from a public authority or public fire brigade provided always
that the amount payable under this additional insurance cover shall not exceed the
limit of indemnity specified in the schedule.

3.3.2. Payment by insurers of any amount under this additional insurance cover
shall be subject to the proof of costs incurred as insurers may reasonably require.

3.4. Hazardous substances

3.4.1. The insurer shall indemnify the insured in respect of the additional expenses
incurred for cleanup, repair, replacement or disposal of any damaged,
contaminated or polluted property insured following an occurrence of loss or
damage, subject to the limit of indemnity specified in the schedule.

3.5. Professional fees

3.5.1. The insurer shall indemnify the insured in respect of professional fees and
related costs necessarily incurred to reinstate loss of or damage to property
insured but not for preparing claims.

3.5.2. The amount payable for such fees shall not exceed those authorized under
the scales of the respective institutions or bodies regulating such charges or the
limit of indemnity specified in the schedule, whichever is the lower.

3.6. Removal of debris

3.6.1. The insurer shall indemnify the insured up to the limit of indemnity specified
in the schedule in respect of the costs and expenses necessarily incurred to
remove and dispose of debris, to dismantle, demolish, shore or prop up property
insured in any circumstances giving rise to indemnifiable loss or damage under this
section.

4. Sum insured 4.1. It is a requirement of this policy of insurance that the sum(s) insured specified
in the schedule in respect of the property insured shall not be less than the new
replacement value of such property.

4.2. In the event of any indemnification under this section the sum insured shall be
automatically reinstated.

5. Premium 5.1. A deposit premium shall be paid at the inception of this section and shall be
calculated by multiplying the total sum insured by the premium rate.

5.2. If during the period of insurance the sum insured is increased or decreased the
premium shall be adjusted accordingly for the remaining period.

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Section 1 . Operational material damage

6. Period of 6.1. Unless agreed otherwise the period of insurance shall be one year from the
insurance inception date specified in the schedule.

6.2. Inception and expiry shall both take effect as of 12 noon on the dates specified
in the schedule.

6.3. The period of insurance shall be renewed automatically for one further year
unless the insurer or the insuring party give 30 days. written notice of termination,
such termination to take effect on the expiry date.

7. Temporary 7.1 The insurer shall indemnify the insured in respect of any loss of or damage to
removal property insured (other than stock and or goods in process and or finished goods,
and or raw materials and or supplies if insured hereby) temporarily removed for
cleaning, renovation, repair or maintenance to any other location whilst in transit
thereto or therefrom by road, rail or inland waterway.

8. Deductible 8.1. In respect of each and every occurrence of loss of or damage to items of
property insured the insurer shall not be liable for the respective deductible
specified in the schedule,
provided that if more than one item is lost or damaged as a result of any one
occurrence, the insured shall not be called upon to bear more than the highest
single deductible applicable to any lost or damaged item.

8.2. Any loss of or damage to the property insured under this section arising during
any one period of 72 consecutive hours caused by acts of God of the same type
covered by this section shall be deemed to have been caused by a single
occurrence and shall therefore be subject to one deductible.

8.3. For the purposes of the foregoing the commencement of any such 72-hour
period shall be decided upon by and at the discretion of the insured, it being
understood and agreed that there shall be no overlapping of any two or more such
72-hour periods in the event of damage occurring over a more extended period
of time.

9. Exclusions The following shall be excluded from the cover provided by this section:

9.1. Property excluded

9.1.1. property in the process of being constructed or erected;

9.1.2. mechanical, electrical and electronic equipment prior to the successful


completion of their performance acceptance tests;

9.1.3. goods in process if loss or damage arises from the process of manufacture,
testing, repairing, cleaning, restoring, alteration, renovation or servicing;

9.1.4. motor vehicles licensed for public roads, railway locomotives, rolling stock,
floating equipment, ships, vessels, aircraft, spacecraft;

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Section 1 . Operational material damage

9.1.5. money, stamps, deeds, evidence of debt or title, works of art, rare books,
jewellery, precious metals, precious stones and gems, securities, valuable
documents;

9.1.6. land, including topsoil, backfill, drainage and culverts, roads, runways,
railway lines, dams, reservoirs, water, canals, drilling rigs, wells, pipelines,
transmission and distribution lines, tunnels, bridges, docks, piers, wharves, any
property underground, offshore property;

9.1.7. flora and fauna;

9.1.8. all property on the premises of nuclear power stations;

9.1.9. nuclear reactors, reactor buildings and plant and equipment therein on any
premises other than nuclear power stations;

9.1.10. all property on any premises (including but not limited to the premises
referred to above) used or having been used for

9.1.10.1. the generation of nuclear energy or

9.1.10.2. the production, use or storage of nuclear material;

9.1.11. property of the insured which has been transferred into the possession of
others, under leasing or rental agreements, hire, purchase, credit or other
suspensive sale agreements.

9.2. Perils excluded

The insurer shall not be liable for loss or damage resulting from

9.2.1. any faults or defects existing at the time of commencement of this policy of
insurance of which the insured or his representatives were or ought reasonably to
have been aware, irrespective of whether such faults or defects were known to the
insurer or not;

9.2.2. release, discharge, or dispersal of toxic or hazardous substances,


contaminants or pollutants, proximate or remote, except as specified under item
3.4 of this section;

9.2.3. lack of incoming supplies including but not limited to electricity, fuel, water,
gas, steam or refrigerant.

The insurer shall not be liable for

9.2.4. loss or damage for which a manufacturer, supplier, contractor or repairer is


responsible either by law or ordinance or under any contract or agreement;

9.2.5. any increase in the cost of replacement or repair due to enforcement of any
ordinance or law;

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Section 1 . Operational material damage

9.2.6. wear and tear, rust, corrosion, erosion, cavitation, boiler scale, incrustation,
deterioration, settling, gradual cracking, gradually developing deformation or
distortion, gradual deterioration due to atmospheric conditions or due to other
causes,
but this exclusion shall be limited to the items immediately affected and shall not
exclude liability for loss or damage to other parts of the property insured as a
consequence thereof;

9.2.7. loss or disappearance which is discovered only during an inventory or


stocktaking or which is not traceable to a specific occurrence of loss or damage
otherwise indemnifiable under this section;

9.2.8. shrinkage, evaporation, loss of weight, consequences of exposure to light,


change in flavour, cooler, texture or finish affecting raw material, goods in process
or finished goods unless such change in condition is a direct consequence of an
occurrence of loss or damage otherwise indemnifiable under this section;

9.2.9. loss or damage attributable to extremes or changes of temperature or


humidity or to non-existing, non-functionable or inadequate heating, air-conditioning
or cooling equipment including operating error, condensation,
excessive moisture, dampness, seepage, disease, deterioration, decay, mildew,
mould, fungus, wet or dry rot, insect larvae or vermin of any kind, infestation unless
resulting from a cause not otherwise excluded;

9.2.10. any malfunction of hardware, software or embedded chips as well as any


loss, damage, destruction, distortion, erasure, corruption or alteration of electronic
data (including but not limited to computer virus, worms, Trojan Horses); but this
shall not exclude liability for loss of or damage to other parts of the property
insured as a consequence thereof;

9.2.11. costs arising from false or unauthorized programming, punching, labelling


or inserting, inadvertent cancelling of information or discarding of data media and
from loss of information caused by magnetic fields;

9.2.12. costs of maintenance, upgrade or improvement, normal upkeep;

9.2.13. consequential loss or any costs to reduce it;

9.2.14. loss of or damage to hired equipment for which the lessor is responsible
either by law or ordinance or under any contract or agreement;

9.2.15. any costs rendered necessary to replace, repair or rectify property insured
which is defective due to any fault, defect, error or omission in design, plan,
specification, material, manufacture or workmanship,
but should property insured . other than mechanical, electrical and electronic
equipment . containing any such defect become lost or damaged, the costs
excluded are those which the insured would have incurred to replace, repair or
rectify the original defect if such defect had been discovered before the occurrence
of loss or damage.
Mechanical, electrical and electronic equipment shall be considered covered for
losses resulting from any of the causes mentioned in this clause.

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Section 1 . Operational material damage

10. Conditions for 10.1. In the event of any loss or damage the basis of loss settlement under this
loss settlement section shall be as follows:

10.1.1. for stock, goods in process, finished goods, raw materials and supplies the
costs required to replace the damaged material at the same premises by material
of a similar kind and quality to that immediately before the loss;

10.1.2. for plans, drawings, records, data and programs for electronic and
electromechanical data-processing equipment the cost of reproducing the same
from duplicates or from originals;

10.1.3. for mechanical, electrical and electronic equipment older than 5 years to be
calculated from the date of manufacture and for mobile equipment of any age:

10.1.3.1. for damage which can be repaired the costs necessarily incurred to
restore the damaged item to its former state of serviceability plus the cost of
dismantling and re-erection incurred for the purpose of effecting the repairs as well
as ordinary freight to and from a repair shop, customs duties and dues, if any, to
the extent that such expenses have been included in the sum insured. If the repairs
are carried out at a workshop owned by the insured, the insurer shall pay the cost
of materials and wages incurred for the purpose of the repairs plus a reasonable
percentage to cover overhead charges.
No deduction shall be made for depreciation in respect of parts replaced.

10.1.3.2. If the cost of repairs equals or exceeds the actual value of the damaged
property immediately before the occurrence of loss or damage, that property shall
be regarded as a total loss.

10.1.3.3. In the event of a total loss the insurer shall pay the actual value of the
property insured immediately before the occurrence, including charges for ordinary
freight, cost of erection and customs duties, if any, provided such expenses have
been included in the sum insured.

10.1.3.4. The insurer shall also pay any reasonable costs to dismantle damaged
equipment.

10.1.4. for all other property the new replacement value or the cost of restoring the
property to a condition equal to but no better or more extensive than its condition
when new, whichever is the lower.

10.2. If, in the event of loss or damage, it is found that the sum insured is less than
the amount required to be insured, then the amount recoverable by the insured
under this section shall be reduced in such proportion as the sum insured bears to
the amount required to be insured.

10.3. The costs of any alterations, additions, improvements or overhauls shall not
be recoverable under this policy of insurance,

10.4. The cost of any provisional repairs shall be borne by the insurer if such
repairs constitute part of the final repairs and do not increase the total cost of
repairs.

10.5. The amount payable by the insurer in accordance with the above-mentioned
provisions shall be reduced by the value of any salvage.

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Section 1 . Operational material damage

11. Preventive 11.1. It is a condition of this policy of insurance that any plant, machinery or
maintenance equipment forming property insured is maintained in accordance with the
recommendations of the suppliers or manufacturers of such plant, machinery or
equipment.

11.2. Such maintenance shall include safety checks, preventive maintenance,


rectification of loss or damage or faults arising from normal operation or wear and
tear as well as from ageing, and shall also include the repair or replacement of
components, modules or parts.

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Section 2 . Operational business interruption

1. Indemnification 1.1. The insurer shall indemnify the insured for a loss of the interest insured unless
specifically excluded if at any time during the period of insurance the property
insured under the operational material damage section suffers loss or damage
indemnifiable under the operational material damage section or which would have
been indemnifiable under the operational material damage section but for the
application of a deductible, thereby causing an interruption of or interference with
the business insured.

1.2. The indemnity for the loss of interest insured shall be in respect of:

1.2.1. gross profit, the loss actually sustained during the indemnity period resulting
from a reduction in turnover including any increased cost of working or

1.2.2. specified standing charges, the amount actually not earned during the
indemnity period resulting from a reduction in turnover including any increased cost
of working.

1.3. The indemnity shall not exceed the sum insured for the maximum indemnity
period.

2. Sum insured 2.1. The sum insured shall be

2.1.1. the annual gross profit specified in the schedule or

2.1.2. the annual specified standing charges.

2.2. Should the indemnity period exceed twelve months, the gross profit or the
specified standing charges shall be the pro rata amount for that period.

3. Period of 3.1. The period of insurance shall be the period specified in the schedule.
insurance
3.2. Should at any time after the commencement of this policy of insurance

3.2.1. the business be wound up or carried on by a liquidator or receiver or


administrator or be permanently discontinued,

3.2.2. the insured’s interest cease otherwise than by death,

then the cover under this section shall cease on the respective date unless
specifically agreed by the insurer in writing.

4. Indemnity period 4.1. The indemnity period shall be the period during which the interest insured is
affected by an interruption of or interference with the business insured beginning
on the date of the occurrence of loss or damage and not exceeding the maximum
indemnity period specified in the schedule.

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Section 2 . Operational business interruption

5. Premium 5.1. A deposit premium shall be paid at the inception of this policy of insurance and
shall be calculated by multiplying the sum insured by the premium rate.

5.2. If the insured declares at the latest six months after the expiry of any period of
insurance that the gross profit earned during the accounting period of twelve
months most closely concurrent with any period of insurance, as certified by the
insured’s auditors, was less than the sum insured thereon, a pro rata return of
premium not exceeding one-third of the premium paid on such sum insured for
such period of insurance shall be made in respect of the difference.

5.3. If any loss or damage has occurred giving rise to any payment under this
section then the amount of any such payment before application of the time excess
or monetary deductible shall be added to the gross profit as certified by the insured’s
auditors and any return of premium shall be based on the difference between such
sum and the sum insured.

6. Time excess 6.1. In any one occurrence of loss or damage the insurer shall not be liable for the
and monetary amount obtained by multiplying the average daily value of the loss of interest
deductible insured sustained during the indemnity period by the number of days specified in
the schedule as the time excess or for the amount of any monetary deductible
specified in the schedule, whichever is higher.

7. Exclusions The following shall be excluded from the cover provided by this section:

7.1. loss of interest insured due to an interruption of or interference with the


business insured resulting from

7.1.1. loss or damage covered under the operational material damage section by
way of endorsement, unless expressly specified as covered in the schedule;

7.1.2. earthquake, volcanic eruption or tsunami, unless expressly specified as


covered in the schedule;

7.1.3. any restrictions imposed by public authority;

7.1.4. consequential loss which occurs after the date when the items lost,
destroyed or damaged are in operating condition again and the business insured
could have been resumed;

7.1.5. loss or damage due to abnormal conditions directly or indirectly resulting


from testing, intentional overloading or experiments;

7.1.6. shortage, destruction, deterioration of or damage to raw materials, semi-


finished or finished products or other materials required for proper operation, even
if the consequence of material damage to an item indicated in the list of property
insured is involved, unless agreed by endorsement;

7.1.7. erasure, loss, distortion or corruption of information on computer systems or


other records or software programs unless resulting from an occurrence of loss or
damage indemnifiable under the operational material damage section.

7.2. the amount of any fines or damages for breach of contract, for late or non-
completion of orders, or for penalties of whatever nature.

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Section 2 . Operational business interruption

8. Claims notifica- 8.1. The insured shall be obliged to keep for the period of insurance complete
tion and the records of the business insured, including without limitation - inventories,
insured’s special production and balance sheets for the three preceding years. All records
obligations shall be held in safe keeping and, as a precaution against their being simultaneously
following an destroyed, the insured shall keep separate sets of such records.
occurrence
8.2. In the event of any occurrence of loss or damage which might cause an
interruption of or interference with the business insured

8.2.1. the insured shall immediately notify the insurer and send it written
confirmation thereof within forty-eight hours of the occurrence;

8.2.2. the insurer and the insurer’s agents shall have unlimited access to the
premises to establish the possible cause and extent of the loss or damage, its
effect on the interest insured, to examine the possibilities for minimizing the
interruption of or interference with the business insured, and if necessary to make
reasonable recommendations for the avoidance or minimization of such
interruption or interference;

8.2.3. the insurer and the insurer’s agents shall have the right to enter any building
where the loss has happened and may take possession of or require that any of
the damaged property insured be rendered to them and may keep possession of
and deal with such damaged property insured for all reasonable purposes and in
any reasonable manner. This condition shall be evidence of the leave and licence
of the insured to the insurer so to do.

8.3. If the insured or anyone acting on his behalf hinders or obstructs the insurer in
any way or does not comply with any recommendations the insurer may make
pursuant to clause 8.2.2 above, all benefits under this section shall be forfeited.

8.4. In the event of a claim being made under this section, the insured shall at his
own expense deliver to the insurer not later than thirty days after the interruption of
or interference with the business insured or within such further periods as the
insurer may allow in writing a written statement setting forth particulars of the claim.

8.5. The insured shall at his own expense produce and furnish to the insurer such
books of account and other business books or other evidence as may reasonably
be required by the insurer for the purpose of investigating or verifying the claim
together with, if required, a statutory declaration of the truth of the claim and of any
matters connected therewith.

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Section 2 . Operational business interruption

9. Conditions for In the event of an interruption of or interference with the business insured the basis
loss settlement of loss settlement under this section shall be as follows:

9.1. Loss of gross profit

9.1.1. In respect of loss of gross profit, the insurer shall pay the amount obtained
by multiplying the rate of gross profit with the amount by which the actual turnover
during the indemnity period falls short of the turnover which would have been
achieved had the loss or damage not occurred.

9.1.2. If the annual sum insured hereunder is less than the amount obtained by
multiplying the rate of gross profit by the annual turnover or, if the indemnity period
exceeds twelve months, the turnover calculated for the equivalent period, the
amount payable shall be reduced proportionately.

9.2. Specified standing charges

9.2.1. In respect of specified standing charges, the insurer shall pay the amount
obtained by multiplying the percentage by which the actual turnover during the
indemnity period falls short of the turnover which would have been achieved had
the interruption of or interference with the business insured not occurred by the
amount of specified standing charges incurred during the interruption or
interference.

9.2.2. If the sum insured hereunder is less than the amount obtained by multiplying
the rate of gross profit by the annual turnover or, if the indemnity period exceeds
twelve months, the pro rata turnover for that period, the amount payable shall be
reduced proportionately.

9.3. Increased cost of working

9.3.1. In respect of increased cost of working, the insurer shall pay the additional
expenditure necessarily and reasonably incurred for the sole purpose of avoiding
or diminishing the reduction in turnover which, without such expenditure, would
have occurred during the indemnity period after expiry of the time excess.

9.3.2. The indemnity shall not exceed the amount of loss of interest insured
thereby avoided.

9.4. Calculation of rate of gross profit and annual turnover

9.4.1. In calculating the rate of gross profit and annual turnover, the following
aspects shall be taken into consideration:

9.4.1.1. the trend of the business insured;

9.4.1.2. the results of the business insured during the financial year preceding the
date of the loss or damage or, in the event of the loss or damage occurring during
the first year of commercial operation, the turnover during the following financial
year;

9.4.1.3. any circumstances affecting the business insured either before or after loss
or damage or which would have affected the business insured had the loss or
damage not occurred;

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Section 2 . Operational business interruption

9.4.1.4. any benefits from deferred sales or from increased production and/or
profits as a consequence of an interruption of or interference with the business
insured which the insured may receive during a period of six months immediately
following the re-commissioning of insured plant and/or machinery after a loss or
damage;

9.4.1.5. allowance for the time spent on any overhauls, inspections or modifications
carried out during the period the business insured was affected by any interruption
or interference;

9.4.1.6. any money paid or payable in respect of goods which are sold or services
which are rendered elsewhere than at the premises for the benefit of the business
insured either by the insured or by another party acting on his behalf;

9.4.1.7. any amount saved during the indemnity period in respect of any charges
and expenses of the business payable out of the gross profit that may cease or be
reduced in consequence of loss or damage.

9.4.2. The final figures shall represent as closely as may be deemed reasonable
the results which the business insured would have achieved had the interruption of
or interference with the business insured not occurred.

10. Payment of 10.1. Subject to clause 10.3 below the insurer shall pay the insured any amount
indemnity due under this section one month after final determination of the amount due.

10.2. The insured may, one month after the insurer has been duly notified of the
loss of interest insured and has acknowledged its liability, claim as advance
payment(s) the minimum amount(s) the insurer agrees are payable.

10.3. The insurer shall be entitled to postpone payment beyond the period set out
in 10.1 above if

10.3.1. there are doubts as to the insured’s right to receive payment, in which case
payment shall not become due until such time as the necessary proof is furnished
by the insured or the insurer accepts liability;

10.3.2. as a result of any loss or damage or any interference with or interruption of


the business insured, police or criminal investigations have been initiated against
the insured, in which case payment will not become due until the completion of
such investigations, provided always that if the insured is convicted of any offence
in respect of any claim for indemnity under this policy of insurance, the insurance
cover under this section shall be void.

10.4. The insurer shall not be liable to pay interest on indemnity withheld other than
interest for default.

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Section 2 . Operational business interruption

11. Definitions

Annual turnover means the turnover which, had the interruption of or interference with the business
insured not occurred, would have been achieved during the twelve months
preceding either the date when the business insured is no longer affected or when
the indemnity period ends, whichever is the earlier.

Business insured means the commercial operation of the property insured specified in the schedule
to this section.

Debt service charges means the amount of the annual payment(s) of interest and if specified the
principal on borrowings due by the insured.

Gross profit means the amount by which the value of the turnover and the value of the closing
stock exceed the value of the opening stock and the amount of the specified
working expenses. The value of the opening and closing stocks shall be calculated
in accordance with the insured’s normal accounting methods, due provisions being
made for depreciation.

Increased cost of means the additional expenditure necessarily and reasonably incurred for the sole
Working purpose of avoiding or diminishing the loss of interest insured which, without such
expenditure, would have taken place.

Interest insured means either the gross profit including any increased cost of working or the
specified standing charges including any increased cost of working.

Monetary deductible means the amount to be deducted from any payment otherwise to be made by the
insurer.

Maximum indemnity means the maximum period(s) stated in the schedule in respect of which cover is
Period afforded for the interest insured by this operational business interruption section.

Rate of gross profit means the percentage of gross profit which, had the interruption of or interference
with the business insured not occurred, would have been earned on the annual
turnover.

Specified standing means any fixed costs specified in the schedule which continue to be payable in
Charges full during the indemnity period

Specified working means any costs incurred for the acquisition of goods, raw materials or auxiliaries
Expenses as well as for supplies unless required for the upkeep of operations and any costs
for packaging, carriage, freight, intermediate storage, turnover tax, purchase tax,
licence fees and royalties, insofar as such costs are dependent on turnover.

Turnover means the amount of money (less discounts allowed) paid or payable to the
insured for goods, products or services sold, delivered or rendered in the course of
the business insured.

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Schedule

Line of business Policy No. Currency

▶ ▶ ▶

1
Insured location(s)

Name ▶ Address ▶

Description ▶

1
If more than one location is insured, the name, address and description have to be listed on a separate sheet.
Business insured

Type of commercial operation▶

Name and address of insurer Name and address of insuring party

Name ▶ Name ▶

Street ▶ Street ▶

Postal code and city ▶ Postal code and city ▶

Name and address of insurer Name and address of insuring party

Name ▶ Name ▶

Street ▶ Street ▶

Postal code and city ▶ Postal code and city ▶

▶ Space for EDP field identifier.

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Period of insurance Place of jurisdiction expiry date Place of jurisdiction
inception date

▶ ▶ ▶
12 noon 12 noon

Section Total sum insured Total deposit premium

▶ ▶ ▶
Section 1 (page 1 to )
Section 2
Total

Section 1 - Operational material damage Page 1 of pages

Type of cover Cover provided Sum insured Limit per occurrence

▶ ▶ ▶ ▶
Basic cover Property insured ———— ————
− mechanical, electrical and ————
electronic equipment
− buildings ————
− stock, goods in process, finished ————
goods, raw materials, supplies
− other contents and other property ————
Additional insurance Capital additions ... % ———— %
covers 1 Expediting expenses ... ————
Fire-fighting expenses ... ————
Hazardous substances ... ————
Professional fees ... ————
Removal of debris ————
2
Acts of God Earthquake, volcanic eruption, ————
tsunami
Hurricane, cyclone, typhoon ————

Total sum insured for this location


¹ A right to indemnification can only be derived for coverage for which the table has been duly completed.
² If no limit is specified cover shall be granted up to the total sum insured.

Deductible in respect of Deductible each and every loss

▶ ▶
Natural hazards
Other causes

The following endorsements Premium rate (applied to Deposit premium for this location:
are attached to and form part the total sum insured for
of this policy of insurance: this location): ‰

▶ Space for EDP field identifier.

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Section 2 - Operational business interruption
Interest insured in respect of loss or Sum insured Premium rate Premium
damage insured under section 1 ‰
▶ ▶ ▶
Gross profit including increased
cost of working or
Specified standing charges
including increased cost of working
- Debt service charges
- Other charges

Limits of indemnity and maximum indemnity Limit of indemnity Maximum indemnity period
periods (months)
▶ ▶ ▶
Interest insured
Earthquake 1, tsunami, volcanic
eruption
Maximum demand charges 1
Additional expenditure 1
Decontamination 1
1
if endorsed.
Deductible in respect of Time excess (working days) Monetary deductible
▶ ▶ ▶
Interest insured
Earthquake 1, tsunami, volcanic
eruption
Additional expenditure 1
Decontamination 1
1
if endorsed.

The following endorsements Loss of the interest insured Premium for section 2:
are attached to and form part caused by loss or damage
of this policy of insurance: covered by way of endorsement
under section 1 are covered under
this section.

Date Insurer

▶ Space for EDP field identifier.

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Comprehensive machinery (CM) insurance – Endorsements

Special insurance covers

1300 Strike, riot and civil commotion


1301 Extra costs for airfreight
1302 Underground machinery and equipment
1303 Business interruption resulting from machinery breakdown during a
guarantee period
1304 Earthquake
1305 Prolongation of the interruption period due to deterioration
1306 Maximum demand charges
1307 Additional expenditure other than increased cost of working
1308 Failure of public power, water, gas or steam supply
1309 Delay in repair
1310 Suppliers’ extension
1311 Customers’ extension

Special conditions

1360 Serial losses


1361 Refractory materials and/or masonry in industrial furnaces and boilers
1362 Refrigerant and lubricating oil
1363 Conveyor belts and chains
1364 Wires and non-electric cables
1365 Rewinding of electric machines (e.g. motors, generators, transformers)
1366 Repairs to combustion engines (e.g. diesel, gas engines)
1367 Components along the hot-gas path of gas turbines
1368 Waiver of underinsurance
1369 Submerged and deep-well pumps
1370 Overhauling of platen presses
1371 Overhauling of electric motors and generators above 1,000 kW (other than
turbo-generators)
1372 Overhauling of steam, water and gas turbines and turbo-generator sets
1373 Inspection and overhauling of boilers
1374 Sum insured on unit-price basis
1375 Flue gas purification plants

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CM insurance – Endorsement 1300
Special insurance cover: strike, riot and civil commotion

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. The insurer shall indemnify the insured in respect of loss of or damage to
property insured resulting from strike, lock-out, riot and civil commotion.

1.2. The limit of indemnity for any one occurrence of loss or damage provided by this
endorsement shall not exceed the limit specified below.

1.3. The aggregate limit of indemnity during the period of insurance of this
endorsement shall not exceed twice the limit of indemnity for any one occurrence.

2. Deductible 2.1. In respect of each and every occurrence of loss or damage, the insurer shall not
be liable for the deductible specified below.

2.2. All loss of or damage to property insured arising during any one period of
168 consecutive hours shall be deemed to have been caused by a single
occurrence and shall be subject to one deductible.

3. Cancellation 3.1. This special extension of cover may at any time be cancelled by the insurer
through notice to that effect being given by registered post at the insuring party’s
last known address.

4. Definitions 4.1. Strike, lock-out, riot and civil commotion shall mean:

4.1.1. the act of any person taking part together with others in any disturbance of the
public peace (whether in connection with a strike or lock-out or not), otherwise not
being an occurrence excluded in clause 1.2 and 1.3 under “Exclusions applicable to
all sections” of this policy of insurance,

4.1.2. the action of any lawfully constituted authority in suppressing or attempting to


suppress any such disturbance or in minimizing the consequences of any such
disturbance,

4.1.3. the action of any lawfully constituted authority in preventing or attempting to


prevent any such act or in minimizing the consequences of any such act.

4.1.4. the wilful act of any striker or locked-out worker performed in furtherance of a
strike or in resistance to a lock-out,

Limit of indemnity:

Deductible:

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CM insurance – Endorsement 1301
Special insurance cover: extra costs for airfreight

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. The insurer shall indemnify the insured in respect of reasonable extra costs for
airfreight incurred to rectify loss or damage to property insured.

1.2. The indemnity provided by this endorsement shall not exceed during the period
of insurance the aggregate limit of indemnity specified below.

2. Deductible 2.1. In respect of each and every occurrence of loss or damage, the insurer shall not
be liable for the deductible specified below.

Aggregate limit of indemnity:

Deductible: % of the extra costs, minimum .

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CM insurance – Endorsement 1302
Special insurance cover: underground machinery and equipment

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. The insurer shall indemnify the insured in respect of loss of or damage to
underground machinery and equipment due to flood, inundation, landslide or
rockslide, subsidence, collapse of adits, galleries, tunnels.

1.2. The indemnity provided by this endorsement shall not exceed during the period
of insurance the aggregate limit of indemnity specified below.

2. Deductible 2.1. In respect of each and every occurrence of loss or damage the insurer shall not
be liable for the deductible specified below.

3. Special exclusion 3.1. The insurer shall not indemnify the insured in respect of loss or damage due to
abandonment of underground machinery and equipment.

Aggregate limit of indemnity:

Deductible: % of loss amount, minimum .

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CM insurance – Endorsement 1303
Special insurance cover: business interruption resulting from machinery breakdown during a
guarantee period

This endorsement forms part of section 2


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. The “Operational business interruption section” shall be extended to cover a
loss of interest insured resulting from an interruption of or interference with the
business insured directly caused by physical loss or damage for which a supplier,
contractor or repairer is responsible either by law or ordinance or under contract or
agreement.

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CM insurance – Endorsement 1304
Special insurance cover: earthquake

This endorsement forms part of section 2


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. The “Operational business interruption section” shall be extended to cover a
loss of interest insured resulting from an interruption of or interference with the
business insured directly caused by a physical loss or damage as insured under
section 1 and attributable to earthquake, volcanic eruption and tsunami up to the
limit specified in the schedule(s).

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CM insurance – Endorsement 1305
Special insurance cover: prolongation of the interruption period due to deterioration

This endorsement forms part of section 2


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. The “Operational business interruption section” shall be extended to cover a
loss of interest insured resulting from prolongation of the interruption period directly
caused by a deterioration of raw materials, intermediate or finished products or
operation media, provided that such deterioration results from an indemnifiable
interruption of or interference with the business insured as a consequence of an
indemnifiable material loss or damage.

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CM insurance – Endorsement 1306
Special insurance cover: maximum demand charges

This endorsement forms part of section 2


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. The interest insured shall include the maximum demand charges as itemized in
the power supply contract attached to and deemed to be incorporated in this
endorsement, provided that such charges fall due as a consequence of
indemnifiable material loss of or damage to item(s) specified below.

2. Sum insured 2.1. The sum insured shall correspond to the maximum possible amount of
maximum demand charges which may become due for one year.

2.2. In the event of indemnifiable loss of or damage to the item(s) specified below,
the maximum demand charges falling due, i.e. the unit price per kW or kVA and/or
the quantity of kW or kVA, exceed the figures stipulated in the power supply
contract, average shall be applied separately to each of the above-mentioned
amounts.

2.3. Underinsurance shall not be applied in the event that the indemnity period
affects two electric power accounting years and the sum insured is less than the
actual loss.

3. Deductible 3.1. The insurer shall not be liable for 20% of the indemnifiable amount or the
deductible specified below, whichever is the greater.

Minimum deductible:

Item No. Description Location

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CM insurance – Endorsement 1307
Special insurance cover: additional expenditure other than increased cost of working

This endorsement forms part of section 2


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. The interest insured shall include the additional expenditure specified below,
other than increased cost of working, which may be incurred during the indemnity
period as a consequence of an indemnifiable interruption of or interference with the
business.

1.2. The amount of indemnity payable shall be limited to either

1.2.1. a lump sum payment of

or

1.2.2. a daily limit of .

2. Deductible 2.1. The insurer shall not be liable for 20% of the indemnifiable amount or the
deductible specified below, whichever is the greater.

3. Special condition 3.1. This extension is not subject to the application of average.

Minimum deductible:

Additional expenditure:

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CM insurance – Endorsement 1308
Special insurance cover: failure of public power, water, gas or steam supply

This endorsement forms part of section 2


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. The “Operational business interruption section” shall be extended to cover a
loss of interest insured resulting from an interruption of or interference with the
business insured directly caused by a failure of the public power, water, gas or
steam supply.

1.2. In the event of an interruption of or interference with the insured’s operation due
to failure of the public supply, the insurer shall be liable up to the maximum
indemnity period for any loss of gross profits resulting from this interruption or
interference for the period of failure that exceeds the agreed time excess.

2. Special exclusions 2.1. The insurer shall not be liable for any loss resulting from the interruption of
public supply directly or indirectly attributable to:

2.1.1. rationing, which was not caused by unforeseen material loss or damage to the
public supply;

2.1.2. water shortage due to climatic or meteorological conditions;

2.1.3. disturbance, loss or damage in the insured’s plant, even if this is caused by
failure of the public supply, unless the damaged property also is covered under this
policy of insurance;

2.1.4. the production in the insured’s plant still being interrupted or disturbed after
the resumption of the public supply, unless otherwise agreed.

3. Definitions 3.1. Public supply shall mean the supply by public authority of power, water, gas or
steam when required on demand, with sufficient production reserves and alternate
switch-over possibilities.

3.2. Failure of the public supply shall mean stoppage or reduction in supply caused
by sudden and unforeseen material loss or damage occurring beyond the point of
transfer to the plant as specified in the policy of insurance.

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CM insurance – Endorsement 1309
Special insurance cover: delay in repair

This endorsement forms part of section 2


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. The insurer shall, within the agreed maximum indemnity period, be liable for a
period not exceeding four weeks for any loss of interest insured resulting from a
delay in repair or replacement of lost or damaged property insured of foreign make,
where such delay results from import or export restrictions, customs regulations,
currency restrictions or any other regulations imposed by any government or public
authority.

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CM insurance – Endorsement 1310
Special insurance cover: suppliers’ extension

This endorsement forms part of section 2


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. In the event that any of the suppliers specified below are unable to deliver
machinery or equipment or goods to the insured due to loss or damage at their
premises specified below resulting from fire, lightning, explosion, aircraft or
objects dropped therefrom, the insurer shall indemnify the insured for the loss of
interest insured under the “Operational business interruption section” of the policy of
insurance that has occurred directly as a result of the delay caused to the insured by
the late delivery of one or more of this machinery, equipment or goods.

Supplier Equipment/goods Premises

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CM insurance – Endorsement 1311
Special insurance cover: customers’ extension

This endorsement forms part of section 2


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Indemnification 1.1. In the event that any of the customers specified below are unable to accept
machinery or equipment or goods from the insured due to loss or damage at their
premises specified below resulting from fire, lightning, explosion, aircraft or objects
dropped therefrom, the insurer shall indemnify the insured for the loss of interest
insured under the “Operational business interruption section” of the policy of
insurance that has occurred directly as a result of the delay caused to the insured by
the late acceptance of one or more of this machinery, equipment or goods.

Customer Equipment/goods Premises

E 409.2-E Version 01.10.2004 e92kl1311 1/1


CM insurance – Endorsement 1360
Special conditions: serial losses

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Condition 1.1. The insurer shall in respect of loss or damage resulting from a fault, defect,
error or omission in design, plan, specification, material, casting or workmanship of
the same nature to property of the same type or design indemnify the insured
according to the scale specified in clause 2.

2. Limit of indemnity 2.1. After application of the deductible specified in the schedule the insurer shall
indemnify the insured for:

% of the first 2 loss amounts


% of the 3rd loss amount
% of the 4th loss amount
% of the 5th loss amount

2.2. The insurer shall not indemnify the insured for the 6th and following cases of
loss or damage resulting from causes of the same nature.

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CM insurance – Endorsement 1361
Special conditions: refractory materials and/or masonry in industrial furnaces and boilers

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Condition 1.1. In the event of loss or damage to refractory materials and/or masonry in
industrial furnaces and boilers, the amount indemnifiable in respect of the items thus
affected shall be depreciated at an annual rate to be determined at the time of loss,
this rate being not less than 20% per annum, but not more than 80% in total, if no
other depreciation rate is specified by the manufacturer.

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CM insurance – Endorsement 1362
Special conditions: refrigerant and lubricating oil

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Condition 1.1. The insurer shall indemnify the insured for loss of refrigerant and lubricating oil
caused by an occurrence subject to a deduction of proper depreciation according to
the average life expectancy indicated by the manufacturer.

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CM insurance – Endorsement 1363
Special conditions: conveyor belts and chains

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Condition 1.1. In the event of loss of or damage to conveyor belts and chains, the amount
indemnifiable in respect of the items thus affected shall be depreciated at an annual
rate to be determined at the time of the loss, this rate being not less than 15% per
annum but not more than 75% in total, if no other depreciation rate is specified by
the manufacturer.

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CM insurance – Endorsement 1364
Special conditions: wires and non-electric cables

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Condition 1.1. In the event of loss of or damage to wires and non-electric cables, the amount
indemnifiable in respect of the items thus affected shall be depreciated at an annual
rate to be determined at the time of the loss, this rate being not less than 25% per
annum but not more than 75% in total, if no other depreciation rate is specified by
the manufacturer.

E 392.1-E Version 10.02.2003 e92kl1364 1/1


CM insurance – Endorsement 1365
Special conditions: rewinding of electric machines (e.g. motors, generators, transformers)

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Condition 1.1. In the event of partial loss of or damage to electric machines that necessitate
the rewinding of electric coils and/or replating, the amount indemnifiable in respect
of the pure work of rewinding and replating shall be depreciated at an annual rate to
be determined at the time of the loss, this rate being not less than 5% per annum,
but not more than 60% in total.

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CM insurance – Endorsement 1366
Special conditions: repairs to combustion engines (e.g. diesel, gas engines)

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Condition 1.1. In the event of loss of or damage to cylinder liners, cylinder heads inclusive of
accessories and pistons, the amount indemnifiable in respect of the items thus
affected shall be depreciated at an annual rate to be determined at the time of the
loss, this rate being not less than 10% per annum but not more than 50% in total.

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CM insurance – Endorsement 1367
Special conditions: components along the hot-gas path of gas turbines

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Condition 1.1. In the event of an occurrence to a component or components in the hot-gas


path which have a life expectancy appreciably shorter than that of the gas turbine,
the amount indemnifiable in respect of the items thus affected shall be depreciated.

The amount payable shall be calculated by taking

1.1.1. the expired life (EL) in equivalent working hours of the component at the time
of occurrence, and

1.1.2. the normal life expectancy (NLE) in hours of the component according to the
latest specification issued by the manufacturer

and then applying them in the relationship (1 - EL/NLE) to the total replacement
costs (installed within the plant) of the component.

1.2. Should the normal life expectancy for any component or components indicated
by the manufacturer be found to be in conflict with the operational and/or claims
experience, an agreement on more realistic component life expectancies shall be
reached between the insured and the insurer and shall supersede such advices of
the manufacturer.

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CM insurance – Endorsement 1368
Special conditions: waiver of underinsurance

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Condition 1.1. Clause 10.2 under “Conditions for loss settlement” shall be deleted, provided
that

1.1.1. the sum insured at the initial commencement date of this insurance shall fully
comply with paragraph 4 “Sum insured”.

1.1.2. at each renewal date the premium as well as the sum insured shall be
adapted to the changes in the official price/inflation indices for buildings, machinery
and cost of labour by applying these indices in a proportion equivalent to the value
composition of the property insured.

E 396.2-E Version 01.10.2004 e92kl1368 1/1


CM insurance – Endorsement 1369
Special conditions: submerged and deep-well pumps

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Conditions 1.1. The insurer shall not indemnify the insured in respect of loss of or damage to
submerged and deep-well pumps unless the insured arranges at his own expense
an annual overhaul and provides the insurer with reports on this overhaul.

1.2. The insured shall inform the insurer of such an overhaul in good time so that the
insurer’s agent may be present during the overhaul at the insurer’s expense.

2. Special exclusions 2.1. The insurer shall not indemnify the insured for loss or damage resulting from

2.1.1. sand erosion,

2.1.2. operating without water,

2.1.3. a collapse of the well,

2.1.4. destruction of tubes or reinforced walls.

E 388.1-E Version 10.02.2003 e92kl1369 1/1


CM insurance – Endorsement 1370
Special conditions: overhauling of platen presses

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Conditions 1.1. The insured shall arrange at his own expense an overhaul of all highly stressed
parts of platen presses as well as an inspection by an expert in non-destructive
testing and shall inform the insurer of such an overhaul in good time so that the
insurer’s agent may be present during the overhaul at the insurer’s expense.

1.2. The expert shall determine the date of the next overhaul. Unless agreed
otherwise between insurer and insured, such overhauls and inspections shall each
take place at intervals not exceeding 12 months.

1.3. The insured shall provide the insurer with reports on these overhauls and
inspections.

1.4. The intervals for overhauls and inspections shall apply from the first start of
operation or from the last overhaul or inspection of the relevant platen press
irrespective of the commencement of this insurance cover.

1.5. If the insured fails to comply with the requirements of this endorsement, the
insurer shall be free from all liability for loss or damage caused by any circumstance
which could have been detected had an overhaul taken place.

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CM insurance – Endorsement 1371
Special conditions: overhauling of electric motors and generators above 1,000 kW (other than turbo-
generators)

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Conditions 1.1. The insured shall arrange at his own expense an overhaul in a completely
opened-up state at the intervals stipulated under clause 1.3 and shall inform the
insurer of such an overhaul in good time so that the insurer’s agent may be present
during the overhaul at the insurer’s expense.

1.2. The insured shall provide the insurer with reports on this overhaul.

1.3. Unless agreed otherwise between insurer and insured, such overhauls shall
take place at least every six years or after 30,000 operating hours, whichever occurs
earlier.

1.4. The overhaul periods shall apply from the first start of operation or from the last
overhaul of the relevant electric motor irrespective of the commencement of this
insurance cover.

1.5. If the insured fails to comply with the requirements of this endorsement, the
insurer shall be free from all liability for loss or damage caused by any circumstance
which could have been detected had an overhaul taken place.

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CM insurance – Endorsement 1372
Special conditions: overhauling of steam, water and gas turbines and turbo-generator sets

This endorsement forms part of

Section 1 ! yes ! no

Section 2 ! yes ! no

and is subject otherwise to the terms, provisions, conditions and exclusions


contained in the policy of insurance or endorsed thereon.

1. Conditions 1.1. The insured shall arrange at his own expense an overhaul in a completely
opened-up state of the whole turbo-set or parts thereof at the intervals stipulated
under clause 1.2 and shall inform the insurer of such an overhaul in good time so
that the insurer’s agent may be present during the overhaul at the insurer’s expense.
The insured shall provide the insurer with reports on this overhaul.

1.2. Unless agreed otherwise between insurer and insured, the machines shall be
overhauled at the following intervals:

1.2.1. steam turbines and steam turbo-generator sets that operate predominantly
under continuous load conditions and are provided with comprehensive
instrumentation in line with modern technological standards which allow full control
of the operational state of the set, at least every six years or after 50,000 equivalent
operating hours, whichever occurs earlier,

1.2.2. steam turbines and steam turbo-generator sets which do not fall into the
above category of clause 1.2.1 at least every four years or after 30,000 equivalent
operating hours, whichever occurs earlier,

1.2.3. water turbines and water turbo-generator sets in accordance with the
manufacturer’s recommendations, however at least every four years,

1.2.4. gas turbines and gas turbo-generator sets in accordance with the
manufacturer’s recommendations.

1.3. The periods as per clause 1.2 shall apply from the first start of operation or from
the last overhaul of the relevant turbo-generator set or part thereof irrespective of
the commencement of this insurance cover.

1.4. The insured shall advise the insurer of any significant change in the running
behaviour of any turbo-generator set insured and both parties shall jointly decide on
the action to be taken.

1.5. If the insured fails to comply with the requirements of this endorsement, the
insurer shall be free from all liability for loss or damage caused by any circumstance
which could have been detected had an overhaul taken place.

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(CM insurance – Endorsement 1372)

1.6. Damage to a machine

1.6.1. occurring after the respective overhaul periods stated under clause 1.2 have
been exceeded

1.6.2. not being caused by any circumstance which could have been detected had
an overhaul taken place

shall be indemnified, however excluding any costs of dismantling, reassembly and


similar costs because an overhaul has to be carried out at this stage in any case.
The costs of dismantling, reassembly and similar regular overhaul-related work are
considered as costs of overhauling.

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CM insurance – Endorsement 1373
Special conditions: inspection and overhauling of boilers

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Conditions 1.1. Unless agreed otherwise between insurer and insured, the insured shall arrange
at his own expense an inspection of all boilers annually, however not exceeding the
intervals prescribed by law. The insured shall also arrange at his own expense any
overhaul required by the inspection authority in charge or by the manufacturer. The
insured shall inform the insurer of such an inspection or overhaul in good time so
that the insurer’s agent may be present during the inspection or overhaul at the
insurer’s expense. The insured shall provide the insurer with reports on this
overhaul.

1.2. The intervals for inspections or overhauls shall apply from the first start of
operation or from the last inspection or overhaul of the relevant boiler irrespective of
the commencement of this insurance cover.

1.3. The insured may apply for an extension of the period between inspections
and/or overhauls. Such extension shall be granted, provided the inspector or
inspection authority in charge is in agreement and in the opinion of the insurer the
risk is not aggravated thereby.

1.4. If the insured fails to comply with the requirements of this endorsement, the
insurer shall be free from all liability for loss or damage caused by any circumstance
which could have been detected had an inspection and/or overhaul taken place.

E 400.1-E Version 10.02.2003 e92kl1373 1/1


CM insurance – Endorsement 1374
Special conditions: sum insured on unit-price basis

This endorsement forms part of section 2


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed thereon.

1. Conditions 1.1. The annual sum insured shall be calculated on the basis of the agreed unit price
multiplied by the number of units the insured produces during one year.

1.1.1. A premium refund according to paragraph 5.2 of the policy of insurance shall
be given only on the basis of the number of units actually produced during the period
of insurance:

1.2. The indemnity payable shall be the amount calculated by multiplying the
number of units which would be produced but for the material loss or damage with
the agreed unit price.

1.3. If, however, the number of units on which the sum insured is based is less than
the number of units which would be produced but for the material loss or damage
during the 12 months immediately preceding the date when the production is no
longer affected or when the indemnity period limit ends, the amount payable shall be
reduced proportionally.

1.4. The indemnity shall not put the insured into a better financial position than he
would have been in if the material loss or damage had not occurred.

1.5. The insurer shall only be liable for the period within the maximum indemnity
period that exceeds the agreed time excess.

2. Deductible 2.1. The insurer shall not be liable for 20% of the loss or damage or the deductible
specified below, whichever is the greater.

Minimum deductible:

E 410.1-E Version 10.02.2003 e92kl1374 1/1


CM insurance – Endorsement 1375
Special conditions: flue gas purification plants

This endorsement forms part of section 1


and is subject otherwise to the terms, provisions, conditions and exclusions
contained in the policy of insurance or endorsed theron.

1. Conditions 1.1. In the event of loss of or damage to rubber and plastic-coated linings or plastic
equipment the amount indemnifiable, including disposal costs, in respect of the
items thus affected shall be depreciated dependent on the service life already
attained by similar plants.

1.2. In the event of loss of or damage to catalysts the amount indemnifiable,


including disposal costs, in respect of the items thus affected shall be depreciated
dependent on the reduction in service life determined by recordings of activity.

1.3. The insured shall undertake to inspect linings and plastic equipment at least
annually and before the end of the guarantee period and shall inform the insurer in
good time so that the insurer’s agent may be present during the inspection at the
insurer’s expense.

1.4. The insured shall submit an inspection report to the insurer which shall include
but not be limited to

1.4.1. the condition of the linings and plastic installations;

1.4.2. the description and location of any defects or damage;

1.4.3. the description and location of the maintenance and repair work to be done;

1.4.4. information regarding the necessary use of modified materials.

2. Special exclusion 2.1. The insurer shall not indemnify the insured for loss of or damage to rubber and
plastic-coated linings, plastic equipment and catalysts which

2.1.1. has not resulted from indemnifiable loss or damage to other property insured;

2.1.2. is a result of the continual effects of operation;

2.1.3. is a result of any fault, defect, error or omission in design, plan or


specification, material or workmanship;

2.1.4. is a result of a fault, defect, error or omission in the application of the coating;

2.1.5. is a result of the corrosion of the support structure.

3. Definition 3.1. Loss of or damage to catalysts shall mean a more than 10% reduction in
catalyst activity.

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(CM insurance – Endorsement 1375)

4. Deductible 4.1. In respect of loss of or damage to catalysts the insurer shall not be liable for
20% of the loss or damage or the deductible specified in the schedule, whichever is
the greater.

4.2. In respect of all other loss or damage the insurer shall not be liable for the
deductible specified in the schedule.

E 421.1-E Version 10.02.2003 e92kl1375 2/2

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