Ic 77 2023 Edition
Ic 77 2023 Edition
ENGINEERING INSURANCE
(WITH KEYNOTES)
ACKNOWLEDGEMENT
This course based on revised syllabus has been prepared with the assistance of
G – Block, Plot No. C-46, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051.
i
ENGINEERING INSURANCE
IC-77
The contents are based on prevailing best practices and not intended to give
interpretations or solutions in case of disputes, legal or otherwise.
This is only an indicative study material. Please note that the questions in
the examination shall not be confined to this study material.
Published by: Secretary General, Insurance Institute of India, G- Block, Plot C-46,
Bandra Kurla Complex, Bandra (E) Mumbai – 400 051 and Printed at Mahalaxmi Prints,
Andheri (E), Mumbai-72.
ii
PREFACE
This course is designed for the use of candidates appearing for the Associateship
examination of the Insurance Institute of India.
The course is rewritten in line with the revised syllabus and reader would find
the contents meaningful in better understanding as well as gaining knowledge of
the subject. The course should also prove useful not only to those appearing for
the Associateship examination, but also to the general interested in the subject.
iii
CONTENTS
Chapter no. Title Page no.
Section 1 The Engineering Insurance Business
Development of Engineering Insurance and
1 1
Relevant Legislation
Engineering Insurance: Classes of Business,
2 15
Principles and Practice
Type of Plant/Machinery and Equipment and
3 27
Associated Hazards
Section 2 Construction Phase Insurances
Project Stages, Work Contract and Other
4 43
Contracts
5 Contractors All Risk Insurance 56
Erection All Risks (EAR) Insurance and Marine
6 77
Cum Erection (MCE) Insurance
7 Contracts Works (CW) Insurance 100
iv
Chapter no. Title Page no.
Section 4 Other related Topics
16 Reinsurance 252
Risk Management, Risk Inspections and Loss
17 263
Prevention
Special Types of Engineering Insurance Covers
18 285
in International Markets
v
CHAPTER 1
The chapter also discusses the important statutes and regulations that affect
the conduct of engineering insurance business in India.
Learning Outcomes
1
A. Engineering insurance - History and development
The origin of engineering Insurance dates back to the 19th Century. Great
Britain was in the forefront of industrialization on large scale made possible by
James Watt’s invention of the steam engine. As many as 500 steam engines of
modest output capacity were already in operation at the beginning of the 19th
century.
Nevertheless many teething troubles were experienced with this new energy
production machinery. An alarming situation was created due to explosions in
steam boilers resulting into heavy losses to property and personal injury.
Material damage,
Personal injury and
Third party liability resulting from explosion of boilers and other
pressure vessels.
The Boiler Explosion Act was passed in Great Britain in 1882 and provided for
compulsory periodical inspections of steam boilers by Government authorities.
Around the same time, a number of engineers of the “Polytechnic Club” in the
United States of America decided to establish a company to effect boiler
inspection service and to provide insurance in the event of a boiler explosion.
The “Hartford Steam Boiler Inspection and Insurance Company” was formed
for this purpose and its first policy was written in 1867.
2
The Factory and Workshop Act 1901 in the U. K. made it compulsory for all
steam boilers in factories to be thoroughly inspected once in 14 months by a
competent person and for a copy of the inspection report in prescribed from to
be attached to the factory register.
The Coal Mines Act of 1911 extended similar regulations to steam boilers
working in and around mines in the U. K. Both these Acts have since been
repealed, the former by Factories Act 1961 and the later by Mines and Quarries
Act 1954.
It may be clearly noted that the various Acts related only to compulsory
inspections and not insurance. However insurance companies have tailored
policies to meet the needs of factory owners by combining insurance and
inspection services.
The Central Association of the Prussian DUV was founded in 1884 and was the
predecessor of the Association of the Technical Inspection Authorities. These
institutions, known under the abbreviation “TUV” have taken up multiple
inspection tasks not only in Germany but also in many European and Overseas
countries. However, contrary to the tradition in the U. K. and the U. S. A., the
German “TUV” was never associated with any insurance company.
At first only boilers were insured, but covers were gradually extended to
pressure vessels of various kinds. Engine Insurance (known today as Machinery
Breakdown insurance) began in 1872, and both boiler explosion and engine
covers rapidly spread to other industrialised countries. By the beginning of the
twentieth century, the first insurance policies for loss of profits following
machinery breakdown were being issued. At the same time, erection insurance
(covering the on-site erection and assembly of machines) appeared. The policy
was on a "named perils" basis and did not cover fire, but it offered reasonable
protection for small and medium-sized erection project. From 1920 to 1930,
some German and British companies introduced a contractors' policy providing
insurance cover for buildings and civil works during the course of construction.
Based on this policy, Contractors' and Erection All Risks policies were
developed. However, neither of these types of policies reached any great
3
importance until after World War II when postwar reconstruction and
development brought these covers to their present standing.
The period after the Second World War saw urgent need for development of
larger and more efficient machines and technical installations. Up to the early
seventies, technical developments concentrated mainly on increasing the
efficiency of the machines which could be achieved only by increasing the
operating parameters like temperature, pressure, speed etc.
However, since this increased the vulnerability to accidents and damages, the
manufacturing trend had to be aimed at achieving more reliability than
productivity.
Post Independence period has seen rapid industrialisation in India with ever
increasing use of machinery for various purposes. Machines reduce human
drudgery and increase production capacities, while they are potential
sources of damage.
b) Economic significance
4
Insurance replaces need for providing such capital reserves. Moreover,
insurance provided the required guarantee for the creditors / banks to
extend loan to the industrial organisations.
The New India Assurance Co. Ltd. started transacting engineering Insurance
on a modest scale in 1953 with the technical assistance of Munich
Reinsurance Co.
Around the same time, The Oriental Fire and General Insurance Co. Ltd. had
set up their own engineering Insurance Department in Bombay under the
guidance of one Mr. Michael Taylor.
iii. Syndicate
In the Eastern part of the country a Syndicate of five Companies viz. the
‘London and Lancashire’, the ‘Concord’, ‘Atlas, ‘Yorkshire’, and ‘British
India General’ was formed in the year 1954 with a view to pool their
resources and expertise and come to a sharing agreement for transaction of
engineering and Allied risks in India.
The risks were underwritten by the Syndicate through a Technical Cell under
the supervision of experienced Engineers.
Up to 1959 the ‘flag’ office of the Syndicate was the Chief Office of the
‘London and Lancashire’ in Calcutta, but later on the headquarters was
shifted to Bombay and the Engineer-in-charge of the Syndicate was
stationed in the office of ‘Yorkshire’, Bombay.
5
This enables clients to comply with various statutory requirements, which
make periodical inspection of certain plant and machinery obligatory. In
India, on account of the fact that the inspections necessary under various
enactments are carried out by the Government Inspectors, the engineering
insurance policy provides only for insurance coverage and not inspection
service.
Test Yourself 1
6
B. Engineering insurance - Statutes and regulations
The primary legislation that deals with insurance business in India are:
Though not directly connected with conduct of Insurance Business, some other
statues are equally important as they impose certain obligations on the owners
/operators to protect their machinery to ensure safety and security of employee
/ workmen, other personnel.
Under this Act, the government has provided for Inspectors who have powers
to:
This is all with a view to ensure safety, security within the factory. In fact,
there are 4 sections which stipulate certain additional responsibilities to Factory
or Industrial Establishment coming under the purview of Factories Act, on
maintenance and adherence of certain rules and regulations.
These provisions are applicable only to industrial units, which come under the
meaning of “Factory” as provided in Factories Act. Mines, however, do not
come under the purview of this definition.
7
Definition
Section 2 (m) of the Factories Act defines ‘Factory’ as any premises including
precincts thereof, where ten or more workers are working, or were working on
any day of the preceding 12 months and in any part of which a manufacturing
process is being carried on with or without the aid of power, or is ordinarily so
carried on.
The provision of safety for various types of plant and machinery are specific
and include:
Definition
Boiler has been defined under the Act as any closed vessel exceeding 22.75
litres capacity which is used expressly for generating steam under pressure and
includes any mounting or other fitting attached to such vessel which is wholly
under pressure when steam is shut off.
The Act also provides for registration of Boiler before it can be used for
industrial purpose.
The Chief Inspector of Boilers on registering shall order the issue of a certificate
in the prescribed form authorising its use of a period not exceeding twenty-four
months.
The owner of the boiler / economiser may apply to the Inspector for renewal of
the Certificate and on completion of inspection and certain formalities such
renewal certificates in prescribed forms are generally issued from the Office of
the Chief Inspector. This is done following thorough examination by the Boiler
Inspector.
Examination of corrosion
Examination of seam
Sign of any leakage, as well as
Amount of scales inside the boiler
8
All fittings are examined. A further survey is carried out when the boiler is
back in service and under steam.
The basic objective of the Act is to ensure safety and security in Mines. The Act
ensures these through active supervision of Inspectors and other officials.
Mine has been defined under Section 2 (i) of the Act as follows:
Definition
Mines refer to any excavation whereby operation for the purpose of searching
for or obtaining minerals has been or is being carried on, and includes:
iii. All levels and inclined planes in the course of being driven
vi. All adits, machinery, works, railways, tramways and sidings in / adjacent
to / belonging to a mine
vii. All workshops situated within the precincts of a mine under the same
management and used solely for the purpose connected with that mine
or a number of mines under the same management
viii. All power stations for supplying electricity solely for the purpose of
working the mine or a number of mines under the same management
9
2. De-tariffing of engineering insurance business
These directives were compulsorily applicable to all insurers. Any breach of the
directives was considered ‘breach of tariff’ and carried penal provisions.
Test Yourself 2
Which of the following will not be classified as ‘Mine’ as per the definition
under the Mine Act 1952?
10
Summary
c) Under the Indian Factories Act 1948, the government has provided for
inspectors who have powers to enter any factory and examine Plant and
Machinery and the premises.
d) Rules of Hoists or Lifts, Rules for Lifting machines, chains / ropes and lifting
tackles, Rules for Revolving Machinery and Rules for Pressure Plant are
covered under Safety Rules of Plant and Machinery.
e) The Indian Boiler Act, 1923 provides for registration of Boiler before it can
be used for industrial purposes.
f) The basic objectives of the Mines Act, 1952, are to ensure safety and
security in Mines.
11
Answers to Test Yourself
Answer 1
Answer 2
Premises where ten or more workers are working, in any part of which a
manufacturing process is being carried on with or without the aid of power,
refers to factory and not ‘Mine’. Hence option III is incorrect.
Self-Examination Questions
Question 1
Under which of the following Acts does the government provide for inspectors
who have powers to enter any factory and examine the plant and machinery?
Question 2
ABC Ltd is an industrial unit which has purchased a closed vessel exceeding
22.75 litres of capacity used expressly for generating steam under pressure.
Under which of the following Acts can ABC Ltd obtain registration of such vessel
before it can be used for industrial purposes?
12
Question 3
What is the maximum period for which registration can be obtained for
industrial use of a boiler?
I. Six months
II. 12 months
III. 24 months
IV. 36 months
Question 4
Which of the following rules are not included under “Safety Rules of Plant and
Machinery”?
Question 5
Answer 1
Under the Indian Factories Act 1948, the government has provided for
Inspectors who have the powers to enter any factory and examine the plant and
machinery.
Answer 2
A closed vessel exceeding 22.75 litres of capacity which is used expressly for
generating steam under pressure refers to a boiler and its registration needs to
13
be obtained from The Indian Boiler Act 1923, before it can be used for industrial
purposes.
Answer 3
Maximum period for which registration can be obtained for industrial use of a
boiler is 24 months.
Answer 4
Rules for the examination of premises by inspectors are included in the Indian
Factories Act 1948 and not under Safety Rules of Plant and Machinery. Hence,
option II is incorrect.
Answer 5
14
Chapter 2
In this chapter, you will learn about the different classes of engineering
insurance. The chapter also discusses the principles and modern practices in
Engineering insurance.
Learning Outcomes
15
A. Classes of engineering insurance
1. Introduction
16
b) Operational Phase insurances
The Industrial All Risks Insurance (IAR) policy introduced in the market effective
1st July 1997 also covers Machinery Breakdown and MLOP Insurances along with
Fire, Fire Loss of Profits and Burglary Insurances. However the coverage
provided by IAR policy is on “All Risk” basis wherein the scope of cover is
decided as “what is not excluded is covered”. This IAR policy is issued by
insurance companies in Fire Department.
Test Yourself 1
Which of the following is a ‘one time’ policy (i.e. issued for the period of the
project)?
17
B. Principles and practices of engineering insurance
The following basic principles of General Insurance equally apply to all classes
of Engineering Insurance business:
a) Proposal form
b) Policy wording
c) Claim form
a) Proposal forms
18
The Proposal Form normally deals with common types of information like:
i. Name
ii. Address
iii. Locational details
iv. Sum-insured etc.
i. Type of project
ii. Machinery
iii. Plant and equipments
Such Proposal Form and Questionnaire are always considered to form a part
of the insurance policy.
Such cover notes can be issued only by the authorised representative of the
company and operate only for a limited period pending replacement by a
proper policy.
c) Policies
i. “The heading” giving name and address of the policy issuing office.
iii. “The preamble or recital clause” indicating the parties to the contract
i.e. the insurer and the insured, Terms, conditions, warranties etc. A
reference is also made to sum insured or other limits of liability.
19
insurance, sum insured for each item if separately insured against the
description of such item, amount of excess (deductible, premium etc.)
e) Endorsements
Endorsements are attached to the policy document and the two together
constitute evidence of insurance contract.
The policies may be accepted 100% by a single insurer or, by more than one
insurer as a co-insurer, each for an agreed proportion of the total amount.
All policies issued in the Engineering department are on annual basis except
those issued for major projects where it may run for the entire period of the
project and hence long-term policies will be issued.
20
In addition the policies normally provide for “Basis of Indemnity” for both
partial and total or constructive total loss claims.
i. If liability exists under the policy the company may wish to dictate the
extent and type of repair and will often decide which firm of repairers
should be engaged.
iv. Whether or not there is liability under the policy, the company must
approve the type of repair from a safety and also future risk aspect.
v. It often happens that an insured will notify the company of a failure and
then wait for an inspection by the surveyor in order to obtain his
assistance. An immediate visit is, therefore, essential in order to avoid
delay in the commencement of the repair, particularly where
consequential loss due to the non-operation of the plant is involved.
g) Deductible or Excess
Where the policies are issued to cover consequential loss such deductibles
are expressed in terms of time viz. number of days or months etc. and
termed as Time Excess or Time Exclusion.
21
Test Yourself 2
I. Type of project
II. Locational details
III. Machinery
IV. Plant and equipment
22
Summary
23
Answers to Test Yourself
Answer 1
Contractor’s All Risks (CAR) Insurance is a one-time policy, i.e. issued for the
period of the project.
Answer 2
Information on locational details is collected via the proposal form and not a
questionnaire.
Self-Examination Questions
Question 1
I. Proposal form
II. Cover note
III. Policy
IV. Endorsement
Question 2
I. Heading
II. Preamble
III. Schedule
IV. Conditions
Question 3
I. Heading
II. Preamble
III. Schedule
IV. Conditions
24
Question 4
When policies are issued to cover consequential loss, deductibles are expressed
in terms of time viz. number of days or months etc., they are known as
______________.
I. Period excess
II. Schedule Excess
III. Period exclusion
IV. Time Excess
Question 5
I. Proposal form
II. Cover note
III. Policy
IV. Endorsement
Answer 1
Answer 2
Answer 3
25
Answer 4
When policies are issued to cover consequential loss, the deductibles are
expressed in terms of time, viz. the number of days or months etc., they are
known as time excess.
Answer 5
26
Chapter 3
Chapter Introduction
In this chapter, you will learn about the various types of plant, machinery and
equipment used in industries and the hazards associated with them.
The chapter also includes information on the various kinds of power plants and
the risk that these plants are exposed to during their construction and
operation.
Learning Outcomes
In one of the biggest insurance claim ever paid, the insurance company had to
pay $200 million (approx) as compensation due to the collapse of ‘Sayano-
Shushenskaya’, one of the world’s biggest hydro power plants in Russia.
On 17 August 2009, three hydro electric generators were destroyed and seven
other hydroelectric generators were damaged in the ‘Sayano-Shushenskaya’
power plant, as a turbine unit was torn out of its anchorage by fluctuating
water pressure, and catapulted into the air.
The turbine (weight approx. 2000 tonnes) destroyed the 27 m high roof of
turbine hall along with some nearby structures. Propelled by water pressure,
360 cubic meters of water per second shot through the entire turbine hall,
including the lower floor, which resulted into numerous short circuits and
immediate failure of the power plant. Various other units of the plant sustained
several mechanical and electrical damage. 75 people lost their lives in the
accident and many others were severely injured.
27
A. Types of plant, machinery and equipment
1. Introduction
Today we find a number of plant, machinery and processes which are highly
sophisticated in design, complicated in construction and automatically
controlled from a remote control room.
Product and/or process specific machine designs will vary from industry to
industry. Though such machines may not be available for insurance in large
numbers, they involve high values, pose high risk exposures / accident
susceptibilities. An underwriter may require support from technically qualified
people for exposure assessment tasks in respect of such machinery and
equipment.
28
vii. Compressors
viii. Refrigerating and Air Conditioning Plants
ix. Power presses used for mass production of a wide variety of small
stamped components or profiled metal parts like a car door,
x. Electrical plant and machinery
Electrical Motor
A reciprocating compressor
29
Electrical Power Transformer
Given the above background, we will now briefly look at the intended use and
various hazards associated with the plant, machinery and equipment commonly
30
found in industries and subsequently deal in little more details with electricity
generation, transmission, distribution and supply systems.
Test Yourself 1
I. Product and/or process specific machines have standard designs and are
commonly found in all industries.
II. Installation of any new factory always presupposes availability of electrical
power.
III. Steam turbine is an example of ‘machinery and equipment’ commonly found
in practically all types of industries and processes.
IV. An underwriter may require support from technically qualified people for
exposure assessment tasks in respect of machinery and equipment used in
industries.
b) Pressure plant
Pressure plant for storage of steam, liquids and gases under pressure
c) Steam turbines
Steam Turbines are primarily used as prime movers (driving machine) to run
electricity generators, heavy duty rotary pumps and compressors,
31
Associated hazards: This presents a catastrophe risk in that the speed and
weight of the revolving parts can create a complete disruption of the entire
turbine due to centrifugal forces. Heavy claims have been met by Insurers
in connection with this risk.
Engines such as steam, gas, diesel or petrol engines used for driving
machines,
Associated hazards: These often suffer from overheating caused due to leak
of cooling water or failure of water circulation system. Overheating leads to
cracking of cylinder heads and seizure of pistons.
Associated hazards: All lifts, cranes and handling plant and contractors’
plant are subject to the risk of mechanical and electrical breakdown.
Burning out of driving motors is common. Gearing, shafts and bearings can
unless a careful control is kept on the maintenance and operation.
Cranes are liable to topple over due to overloading, storm, unstable ground
conditions and errors in operation. Toppling over of cranes is usually a
serious matter involving major repairs.
f) Pumps
Pumps used for conveying liquids and / gases from one machine to another
or from one place to another,
32
Associated hazards: Failure of mechanical components like bearings,
impeller blades, vibration, careless operation, misalignment, faulty design,
faulty casting, lack of maintenance.
g) Compressors
Compressors are used for reducing volume and increasing pressure of liquids
and gases.
Associated hazards: These mainly relate to the compressor and motor and
are as mentioned elsewhere for these two machines.
The presses are mainly operated on hydraulic pressure and run by electric
motors.
33
vi. For isolation and control such as cables, switches, meters etc.
vii. Diesel Generator Sets (also known as DG set), comprises of a diesel
engine coupled to an alternator for producing electricity. These can be
found as mobile sets on construction sites or fixed installations.
2. Associated hazards
i. Over voltage,
ii. Over current,
iii. High temperature.
iv. Lack of ventilation.
v. Absorption of moisture.
i. Lack of lubrication
ii. Misalignment
iii. Vibration
iv. Poor termination
v. Open circuiting / short circuiting
vi. Faulty design / material / casting / construction /erection,
vii. Failure of safety device
viii. Careless operation, sabotage, entry of foreign objects, failure of
connected machinery.
A windstorm is a major hazard for both the towers and lines during
construction and operation. Theft of conductors is of great concern during
storage and construction.
c) Transformers
34
d) Sub Stations
The problems in switchgear mainly arise in the contactors and the oil if they
are not properly maintained
Overheating, insulation failures are the main hazards associated with cables
whereas loose contacts, overheating etc. relate to the switches.
These plants use steam for driving turbine which is prime mover for the
electricity generator. Majority of the power plants use coal as fuel in the
boiler furnace and are called coal fired power stations. Fuel oil and gas are
other fuels for burning in boiler furnace.
35
Some industries produce incinerating waste (e.g. saw dust in a wood
processing plant, bagasse in a sugar mill) and burn such waste in the boiler,
whereas some industries recover the unused heat produced during another
process for generating steam at pressure.
These plants use potential energy from water courses like rivers or lakes to
drive turbine coupled to an alternator. These plants are generally classified
on the basis of available water head.
High head plants bring water from the dam to the power house through
tunnels or pressure conduits (pen stocks); the difference in altitude of the
dam and the power house exceeding 200 metres. In a medium head plant
the pressure head varies between 40 and 200 metres. Low head plants are
located on the lower reaches of a river and may not have a dam as the
effective head is around 10 metres.
The civil works involved in construction of a dam power house are heavy
including lengthy tunnels in mountains and underground power house
building. Equally heavy machinery (both mechanical and electrical)
installations are involved.
In addition to the above three major types of power plants, there are
number of various types of power plants based on different sources of
energy such as wind energy, solar energy, geothermal energy, wave energy,
tidal energy, ocean thermal energy, ocean current energy, biomass energy
etc.
36
However, since the conventional and hydro-electric power plants offer the
largest business volume, it is intended to look at the hazards associated with
only these power plants.
Mechanical/electrical breakdowns,
Explosion or collapse of boilers,
Rupture of steam and fuel pipes,
Fires in cable galleries, switching rooms, transformers etc.
Disintegration of turbines due to centrifugal forces
Exposure to natural perils
Third Party Liability due to leakage and pollution.
Long interruption periods after an accident
37
Exposure to natural perils of earthquake, flood, landslide/rockslide,
Third Party Liability due to transportation and site accidents.
Long delay periods after an accident
Mechanical/electrical breakdowns,
Bursting of dams, collapse of tunnels, floods, landslides/rockslides
leading to catastrophic losses,
Defective design, material, specification and/or workmanship,
Fires in cable galleries, switching rooms, transformers etc.
Disintegration of turbines due to centrifugal forces
Exposure to natural perils of earthquake, flood, landslide/rockslide
Third Party Liability due to leakage and pollution.
Long interruption periods after an accident
Test Yourself 2
38
Summary
a) Product and process specific machine designs will vary from industry to
industry. Various hazards are associated with these plants, machinery and
equipment.
i. Conventional power plants use steam for driving turbine which is the
prime mover for the electricity generator
ii. Hydro electric power plants: these plants use potential energy from
water courses like rivers or lakes to drive turbines coupled to an
alternator.
iii. A nuclear power plant consists of two distinct sections; one relating to
nuclear/radioactive reactions and the other a conventional steam power
plant.
f) There are various hazards associated with these power plants during
construction and operation.
39
Answers to Test Yourself
Answer 1
Answer 2
A pressure plant is exposed to the risk of explosion due to internal pressure and
collapse.
Self-Examination Questions
Question 1
Which of the following risks is not associated with boilers that are used for
generation of steam in industries?
Question 2
What is the major hazard associated with transmission towers and lines during
construction and operation?
I. Fire
II. Overheating
III. Windstorm
IV. Flashing
Question 3
I. Transformers
II. Boilers
III. Circuit breakers
IV. Isolating switches of varying capacities
40
Question 4
Which of these power plants use steam for driving a turbine, which is the prime
mover for the electricity generator?
Question 5
Which of the following hazard is not associated with a hydro electricl power
plant during construction?
I. Mechanical/electrical breakdown
II. Explosion or collapse of boilers
III. Fires in cable galleries, switching rooms, transformers, etc.
IV. Exposure to fires, flash floods and inundation due to improper storage
arrangements
Answer 1
Answer 2
Windstorm is the major hazard associated with the transmission towers and
lines during construction and operation.
Answer 3
41
Answer 4
Conventional power plants use steam for driving a turbine, which is the prime
mover for the electricity generator.
Answer 5
42
CHAPTER 4
Chapter Introduction
In this chapter, we will discuss various project stages and different activities
involved in these stages. The chapter also highlights importance of work
contract and other contracts.
Learning Outcomes
A. Project stages
B. Work contract and other contracts
43
A. Project stages
1. Introduction
a) The various stages and other factors that are involved in planning and
implementation of a large project
c) Other contracts
Though the following information focuses on large projects, the procedure for
smaller projects may follow the same pattern.
2. Project stages
44
a) Need for the project
Infrastructure projects hold great importance and priority for both the Govt.
and the people, involve huge investments and tremendous business potential
for Engineering insurers.
They encompass:
45
c) Detailed project planning
The insurers will be able to provide a valuable service in making risk analysis
and recommendations for loss prevention and protection measures at such
an early stage.
Such Risk Management inputs by the insurer will be beneficial to the project
in achieving improved working methods, prevention of accidents and better
insurance terms during operational phase of the project.
Example
A fire protection system incorporated in the original design of the project will
give lifelong benefits of reduced premium and better insurance terms during the
operational phase after successful commissioning.
During this stage the principal will initiate the process of acquiring land for
the project site and obtaining clearances from various government
authorities.
With the detailed project report (DPR) in hand the project authority may
invite tenders .A private company will most likely invite offer directly from
a selected group of contractors/suppliers .
e) Award of contract
Technical and
46
Commercial
The tenders received from different contractors are evaluated and the
principal will award the contract to the contractor who offers the best
combination of:
i. Price
ii. Know-how
iii. Experience
iv. Financial and
v. Technical guarantees
Normally, the care and custody of the site and the activities thereon remain
with the contractor until the project is taken over by the principal.
Nevertheless, the exact situation will depend on the provisions of the actual
contracts between the parties.
This involves the stage from loading in conveyance of the project property
at the suppliers premises, during its normal course of transit up to the
construction site including:
i. Transshipments
ii. Storage at the ports of discharge
iii. Bonded warehouses of customs department
iv. Inland transit
v. Intermediate storages
vi. Off-site storages etc.
47
h) Site activities
During this period, the principal will pay the contract price to the contractor
in installments at predetermined intervals in accordance with the progress
of the work as per provisions of the works contract.
Test Yourself 1
If the initial study shows the project to be feasible, which of the following
stages will be initiated by the company?
48
B. Work contract and other contracts
The Works Contract is the legal instrument that divides the financial risk and
responsibilities between the principal and the contractor. Among many other
stipulations the Works Contracts will have clauses which describe the
responsibilities of:
iii. The third party liability that may arise due to activities carried out in
connection with the project.
All such provisions are covered under the Insurance, Indemnity and liability
provisions of the contract.
Such standard forms mostly serve as the base model draft for any particular
contract and get modified to meet specific needs of that contract.
In addition to the Works Contract, the principal enters into other contracts with
different parties such as:
All such project documents will have some or the other stipulations which have
direct bearing on the insurance programme for the project. The Works Contract
and the other contracts provide important risk information to the insurers.
Proper risk analysis from careful study of the project reports and contracts will
enable an insurer to:
Under these situations, the financiers require certain specific coverage’s and
conditions to protect their interests.
Test Yourself 2
Works contracts will have clauses which describe the responsibilities of:
I. The principal
II. The contractor
III. Parties involved in the project
IV. All above
50
Summary
a) The first project stage is the ‘Need of project’. At this stage, the needs to
be considered and the objectives to be achieved from the project are
clearly defined.
d) With the detailed project report (DPR) in hand, the project authority may
invite tenders. A private company will most likely invite an offer directly
from a selected group of contractors/suppliers.
e) The tenders received from different contractors are evaluated and the
principal will award the contract to the contractor who offers the best
combination of price, know-how, experience, financial and technical
guarantees.
f) Once tenders are finalised, the next stage is the Land acquisition and site
preparation stage. Acquisition of land becomes a major landmark in the
movement of a project.
i) The Works Contract is the legal instrument that divides the financial risk and
responsibilities between the principal and the contractor.
51
j) An exhibit that explains the practice of project execution (site activities) is
given in the diagram below that can be referred to understand CAR and EAR
insurances :
52
Answers to Test Yourself
Answer 1
If the initial study shows the project to be feasible, then detailed project
planning will be initiated by the company.
Answer 2
Work contract describe the responsibilities of the principal, contractors & all
other parties involved.
Self-Examination Questions
Question 1
Question 2
Question 3
At which of the following stages will the principal initiate the process of
acquiring land for the project site and obtaining clearance from various
government authorities?
I. Feasibility study
II. Detailed project planning
53
III. Award of contract
IV. Land acquisition and site preparation
Question 4
Which of the following steps will be initiated once the DPR is complete?
I. Feasibility study
II. Detailed project planning
III. Call for tender
IV. Land acquisition and site preparation
Question 5
Answer 1
Answer 2
Answer 3
During the detailed project planning stage, the principal initiates the process of
acquiring land for the project site and obtaining clearance from various
government authorities.
54
Answer 4
Call for tender is the next step which will be initiated once the DPR is
complete.
Answer 5
55
CHAPTER 5
Chapter Introduction
This chapter discusses Contractors All risk insurance, popularly known as CAR
and the main characteristics of CAR polices in terms of risk covered, sum
insured, pattern of premium payment etc.
This chapter also discusses the information that is collected by insurers for
assessment of risk in civil engineering projects and different aspects of
technical controls related to these risks.
Learning Outcomes
A. CAR insurance
B. Assessment of risk and technical control
The company had taken CAR Insurance policies. Which were ‘All risk’ covers
polices that covered all physical damage to civil work such as:
The policy also covered third party extension that covered loss of life.
In this chapter we will learn about the features of Contractors All Risk (CAR)
insurance policy.
56
A. CAR insurance
1. Introduction
Definition
Residential/commercial buildings,
Warehouses,
Hospitals,
Schools,
Factories,
Cinema house/theatres,
Roads,
Bridges,
Flyovers,
Dams,
Jetties,
Canals,
Tunnels,
Water reservoirs,
Ports,
Drainage and sewerage systems,
Pipelines,
Airports,
Aircraft hangers,
Power house buildings, etc.
For a long time CAR business was underwritten by Property underwriters and it
may not be uncommon to find a Fire insurance policy covering a “building under
construction”. Nevertheless, considering the complexities involved in many
construction projects, newer construction methods and novel designs, the need
for creating a special policy had to be recognised by the insurers.
The first CAR policy is said to have been issued in 1929 to cover the construction
of Lambeth Bridge across river Thames in London. A special CAR policy was
created in Germany in 1934. However the real development took place after the
Second World War.
57
First CAR policy – Lambeth Bridge, London
The early CAR policies provided an overall cover for accidental physical loss or
damage and ancillary third party liability insurance. The primary intention
behind such policies was and even today is to offer coverage which will respond
to most insurance needs of a construction project.
2. Contract works
This term implies all the operations to be carried out by a contractor and his
subcontractors in compliance with the building contract, including preparatory
work on the site, such as
Excavation,
Grading and leveling work,
Execution of temporary structures like diversion cuts and protective
dams, as well as
The use of all materials stored on the site which are to be incorporated
in the structure.
CAR policy provides virtually a comprehensive cover for the entire civil
engineering projects from the time of arrival of the first lot of materials at site
and continues whilst the work is in progress and during the maintenance period
thereafter.
The cover provided is on an ‘All Risks’ basis i.e. every hazard is covered which
is not specifically excluded. This means that sudden and unforeseen loss or
damage occurring during the period of insurance to the property insured on the
construction site will be indemnified.
58
The interests of the principal may be included under the terms of the contract
but during the maintenance period the cover is restricted to loss or damage for
which the contractors are liable according to contract conditions.
The legal liability to third parties for property damage or personal injury can
be covered in conjunction with the Material Damage cover under CAR
insurance policy. The Third Party Liability is covered under a separate
section of the policy so titled.
4. Exclusions
The cover provided by CAR insurance is only subject to a few exclusions which
International insurance market usually applies. There are normally termed as
uninsurable risks. These exclusions were named in the policy and essentially
comprise of the following:
iii. Loss or damage due to normal wear and tear, gradual deterioration due
to atmospheric conditions or lack of use, rust, scratching of painted or
polished surface or breakage of glass
vi. The cost necessary for rectification or correction of any error during
construction unless resulting in physical loss or damage.
60
ii. Expenditure incurred in doing or redoing or making good or repairing
replacing anything covered or coverable in Section-I of the policy.
5. Period of insurance
a) Period of insurance
CAR policy provides cover from the time of arrival of the first consignment
of materials at the site or from the commencement of work, whichever shall
be the first, and shall remain in force until the date specified in the policy
or the construction work is completed/ taken over by the principal, which
ever shall occur first.
In CAR insurance it is quite common for the contractors to take out cover
during the maintenance period or defects liability period to fulfil their
obligations under the contract. Such maintenance period is usually 12
months but may vary depending on the type of contract work. It will be
necessary to separately show the construction and maintenance period in
the policy.
This will enable the insured to more readily realise the need for requesting
an extension of the policy period in the event of non-completion of the
contract in time.
61
6. Sum insured and under-insurance
The sum insured should represent the current new replacement value. The
insured can increase or decrease the sum-insured in the event of any
material fluctuation in the level of wages or prices
c) In the event of loss or damage, if it is found that the sum insured is less
than the amount required to be insured, then the amount recoverable by
the insured gets reduced in such proportion as the sum insured bears to
the amount required to be insured. This condition applies separately for
each and every item.
7. Adjustment of sum-insured
The sum-insured under the policy is adjustable at the end of the policy period /
completion of construction on the basis of actual values to be declared by the
insured in respect of freight and handling charges, custom dues and
construction costs and difference in premium to be suitably adjusted. It is
pertinent to note that as a practice, such an adjustment usually doesn’t
happen. It is also a common practice to enhance the sum insured mid term, if
the project cost increases.
However any increase or decrease in the prime cost of materials is not subject
to premium adjustment.
8. Supplementary covers
62
b) Cost incurred in the clearance and removal of debris of the insured
property following a loss.
i) Additional custom duty incurred for replacements over and above the
custom duty taken into account in arriving at the sum insured of the
affected item.
j) Maintenance cover.
All the above supplementary covers are included as extensions of the policy by
way of specific endorsements. An individual ‘limit of indemnity’ has to be
selected-either in amounts or in percentage –against each extension and the
insurers will charge suitable additional premium for the same.
It may be noted that all the above extensions get automatically terminated
upon taking over of completed works by the principal and do not continue
during the maintenance period. Endorsements for each of these supplementary
covers are included in subsequent Chapter for better understanding of the
coverage and terms & conditions under each of them.
9. Maintenance cover
63
a) Maintenance visits cover
The period of insurance under the CAR policy terminates at the latest on the
expiry date specified in the policy scheduled but at the request of the Insured,
the Insurer may extend the period of insurance on payment of appropriate
additional premium.
In case of any damage which can be repaired the Insurers’ Liability will be the
cost of repairs necessary to restore the property to its condition before the
occurrence of the damage less the value of salvage.
In case an item is a total loss the basis of settlement will be limited to the
actual value of the property immediately before the occurrence of the loss less
the value of the salvage.
All damage which can be repaired shall be repaired, but if the cost of repairing
any damage equals or exceeds the value of the property immediately prior to
occurrence of the damage, the basis of loss settlement shall be as outlined
above.
The cost of any provisional repairs carried out shall also be reimbursable
provided such repairs constitute a part of the final repairs and do not increase
the cost of the total repairs expenses.
Upon a claim being settled the total sum insured under the policy will stand
reduced to that extent. It is, therefore, in the insured’s own interest to
reinstate the sum insured back to its original level by paying additional premium
64
on the amount of the claim from the date of the claim till the expiry of the
policy .
It is very common on a work site that numerous small incidents take place,
which cause loss or damage. Claiming indemnity for each such small loss may
unduly increase the administrative costs for the insurer and the insured. Also,
since occurrence of such small accidents is incidental to handling the contract,
the contractors often leave some margin in the contract price for the same.
The insurer in turn desires that the contractor will be more loss prevention
minded if a reasonable proportion of their losses remain self-insured. From their
own experience of insuring comparable contracts, the insurer would prescribe
certain minimum level of excess amounts for different types of perils or losses.
The minimum excess amounts prescribed by the insurer are generally termed as
normal excess and discounts in premium will be available for the insured
selecting excess amounts higher than the normal.
c) The Schedule ,listing all policy data relevant to the two sections
65
Test Yourself 1
I. CAR policy provides a virtually comprehensive cover for the entire civil
engineering projects whilst the work is in progress and also during the
maintenance period thereafter.
II. CAR policy cover is provided on an ‘All Risks’ basis, i.e. every hazard which
is not specifically excluded is covered.
III. Sudden and unforeseen loss or damage occurring during the period of
insurance to the property insured on the construction site is not indemnified
in a CAR policy.
IV. In a CAR policy, during the maintenance period, the cover is restricted to
loss or damage for which the contractors are liable according to the contract
conditions.
66
B. Assessment of risk and technical control
In order to assess the risk that is proposed for “CAR” insurance the insurers
information is collected through the standard Proposal Form and special
questionnaires relating to specific information which can vary but be more
appropriate to different types of civil engineering contracts.
a) Tall buildings
There are many factors which increase the risk of construction of tall
buildings, such as:
b) Airport Works
This work can be assessed in the same way as general building work.
67
Primarily in each case the potential third party exposure requires special
consideration. By their very nature airports are mostly built on flat, open
ground and are exposed to storm, tempest and water damage .Experience of
the contractor for those types of work is invariably importance.
c) Underground risks
d) Pipeline construction
Hazards are involved all most at every stage viz. excavation, welding,
coating and wrapping, placing, back filling and testing .Different techniques
are used for offshore pipeline projects.
e) Tunneling
Regardless of the method of construction for bored tunnel or cut and cover
tunnel there are the ever present risks of:
Collapse,
Inundation by heavy rain or flood water ,
Failure of dewatering system ,
Rock burst or rock fall ,
Ignition of under ground gas pockets, etc.
68
f) Trenching
g) Hydro electric
h) Road construction
i) Reservoirs
The main problem with all reservoirs is that of adequate sealing to prevent
water losses, seepage, erosion, and loss of content.
j) Bridge construction
Basically, almost every structure designed to cross a gap comes within this
category. The main types of structures are:
69
In general the location of the site in relation to natural drainage must be
considered. The risks involved may be separately considered under
abutments, foundations, piers and super structures. Also Third party liability
in relation to shipping or any other traffic under the work in progress would
be quite considerable.
Separately auxiliary off shore structures may also be used in the way of
living quarters ,control platform ,storage tank, field terminal platform
,pump station platform, pipe line booster platform ,tanker mooring /loading
buoy ,sub-sea well-head system and finally the pipe line system .Special
type of tailor made policies are generally issued for such risks traditionally
in the Marine Department.
The scope of cover for off shore structure is governed by the marine market
and is based on marine conditions and clauses adapted to the particular
projects .It is customary for a “package” policy to be prepared covering as
far as possible all aspects of the projects and all parties involved both in
respect of damage sustained and liabilities incurred .
l) Wet risks
Contracts involving construction in and around water i.e. rivers, lakes or sea
,present many hazards and call for detailed investigation into construction
techniques and methods to be employed in relation to water level and
timetable of activities.
2. Rating structure
70
underwriting is called for especially in regard to roads, pipelines, all wet risks,
tunneling and contractor’s plant.
It is imperative therefore that adequate premium is charged; excess levels both
for normal and major perils are adequate and that policy conditions and special
warranties are adhered to.
3. Installment premium
However, as per the methodology adopted in the market, the first installment
should be larger than the other equated installments (at a frequency not less
than three months) by a percentage prescribed by insurer (usually 5% larger)
and the last installment to be paid at least six months before the expiry of the
policy. Cover commences only after payment of the first instalment.
In order to ensure uninterrupted cover it will be essential for the insured to pay
all subsequent instalments in time. The premium payment schedule is
incorporated by way of an endorsement in the policy.
4. Claims control
a) Claims under this policy may arise due to many causes, e.g. fire, riot,
flood, storm, earthquake, theft, accidental damage to the machinery
and materials at the site including constructional plant and machinery.
b) The loss may occur during the storage, transit from the storage
warehouse near the site to the place of construction, assembling or
during the maintenance period of contract. Appropriate claim form
should be used when processing claims.
71
c) In order to maintain efficient claims control, it is essential that all
incidents are notified to insurers immediately so that loss assessment
can be undertaken forthwith and insurers are able to establish a realistic
claim reserves in their books.
h) The insurer is not liable for additional cost incurred for alterations
improvement in the contract works, if for any reason, the original design
is proved to be unsuitable.
Test Yourself 2
72
Summary
b) The first CAR policy is said to have been issued in 1929 to cover the
construction of Lambeth Bridge across river Thames in London.
c) CAR policy provides a virtually comprehensive cover for the entire civil
engineering projects from the time of arrival of the first lot of materials at
site, whilst the work is in progress and also during the maintenance period
thereafter.
d) The cover provided is on an ‘All Risks’ basis, i.e. every hazard which is not
specifically excluded is covered. This means that sudden and unforeseen loss
or damage occurring during the period of insurance to the property insured
on the construction site will be indemnified.
e) CAR policy provides cover from the time of arrival of the first consignment
of materials at the site or from the commencement of work, whichever is
earlier.
f) In case of any damage which can be repaired, the Insurers’ Liability will be
the cost of repairs necessary to restore the property to its condition before
the occurrence of the damage less the value of salvage.
i) Claims under CAR policy may arise due to many causes, e.g. fire, riot, flood,
theft, accidental damage to the machinery and materials at the site. In
order to maintain efficient claims control, it is essential that all incidents
are notified to the insurers immediately.
73
Answers to Test Yourself
Answer 1
In CAR policy, sudden and unforeseen loss or damage occurring during the
period of insurance to the property insured on the construction site are
indemnified as it is on ‘All Risk’ basis. Hence, option III is incorrect.
Answer 2
In a CAR policy, as per the market practice, the first installment is the highest.
Self-Examination Questions
Question 1
From when does the period of insurance cover start in a CAR policy?
I. From the time of arrival of the first consignment of materials at the site
II. From the commencement of work
III. From the time of arrival of the first consignment of materials at the site or
from the commencement of work, whichever shall be the first.
IV. From the time the proposal is accepted by the insurer.
Question 2
Which of the following is incorrect with respect to the sum insured in a CAR
policy?
74
Question 3
Question 4
Question 5
As per the Insurance Act, what should be duration of the CAR policy for which
‘premium in instalments’ can be collected by the insurer?
75
Answers to Self-Examination Questions
Answer 1
The period of insurance cover starts in a CAR policy from the time of arrival of
the first consignment of materials at the site or from the commencement of
work, whichever shall be the first.
Answer 2
The insured can increase or decrease the sum-insured in the event of any
material fluctuation in the level of wages or prices. Hence, statement IV is
incorrect.
Answer 3
Maintenance visit cover can be obtained by the insurer to cover loss or damage
to the contract works solely caused by the insured contractor in the course of
operations carried out for the purpose of complying with his obligations under
the maintenance provisions of the contract.
Answer 4
Extended maintenance cover can be obtained by the insurer to cover for loss or
damage occurring during the maintenance period provided such loss or damage
was caused on the site during the construction period.
Answer 5
76
CHAPTER 6
Chapter Introduction
In this chapter, you will learn about the features of Erection All Risks (EAR)
Insurance and Marine-cum Erection (MCE) Insurance policies.
Learning Outcomes
77
A. Erection all risks insurance
a. Introduction
The Erection All Risks (EAR) insurance policy was developed from the
Contractor’s All Risks (CAR) insurance policy, taking into account the
specific needs in connection with the installation / erection of electrical and
mechanical plant and machinery, especially related to their testing and
commissioning after installation.
Thus, whereas the CAR insurance caters to the needs of contracts involving
civil engineering works, the EAR insurance caters to the needs of contracts
involving erection of plant, machinery, equipments and structures involving
little civil engineering work like foundations of machines. The EAR insurance
policy was earlier known in India as Storage-cum-Erection (SCE) insurance
policy, but currently, it is a common practice to term it as an EAR policy.
Some contracts involve both: the civil engineering works and machinery /
equipments to a substantial degree and require an insurance package
combining the covers offered by both the CAR and EAR insurance policies.
The Contract Works (CW) insurance takes care of this requirement. Indian
market doesn’t provide CW insurance as a practice.
The EAR/SCE and MCE insurances are discussed in more detail in this
chapter.
78
b. Features of erection all risks (EAR) insurance
EAR policy provides virtually a comprehensive cover for the entire project of
installation / erection of machinery and equipments, from the time of
arrival of the first lot of materials at site and terminates on completion of
erection / testing /commissioning or the plant is taken over, whichever shall
occur earlier and during the maintenance period thereafter.
The cover provided is on an ‘All Risks’ basis i.e. every hazard is covered
which is not specifically excluded. This means that any sudden and
unforeseen loss or damage occurring during the period of insurance to the
property insured on the site of erection will be indemnified.
The interests of the principal may be included under the terms of the
contract but during the maintenance period the cover is restricted to loss or
damage for which the contractors are liable according to contract
conditions. The policy can also be taken by the principal in the joint names
of the principal, all other contractors / sub-contractors and the project
financiers.
b) Scope of cover
The legal liability to third parties for property damage or personal injury can
be covered in conjunction with the material damage cover under EAR
79
insurance policy. The third party liability is covered under a separate
section of the policy, so titled.
c) Exclusions
80
iii. Exclusions to Section – II (Third party liability)
d) Period of insurance
i. Policy period
EAR policy provides cover from the time of arrival of the first consignment
of materials at the site or from the commencement of work, whichever shall
be the first, and shall remain in force until the date specified in the policy
or the completion of erection, testing and commissioning or the contract
works are taken over by the principal, which ever shall occur first.
In EAR insurance it is quite common for the contractors to take out cover
during the maintenance period (also known as Defects Liability Period) to
fulfil their obligations under the contract. Such maintenance period is
usually 12 months but may vary depending on the type of contract work.
However since the operational insurance covers also start with the
commencement of the maintenance period, the insurers do not prefer to
allow very long maintenance periods.
It will be necessary to show the storage and erection period, testing period
and the maintenance period separately in the policy. This will enable the
insured to more readily realise the need for requesting an extension of the
policy period either for the erection period or for the testing period, in the
81
event of non-completion of the relevant activities within the selected
period.
The testing period is normally the most hazardous period for plant and
machinery. Not only are the various items subjected to operating conditions
and load for the first time but for many types of plant the introduction of
feedstock or the operating media also increases both the fire and explosion
hazards (e.g. Petroleum Refineries, Petrochemical Plants etc.).
Testing operations can be divided into two categories: cold testing and hot
testing. In order to determine the testing, period for purpose of the EAR
policy, following definitions may be found useful:
Definition
Cold testing
The cold testing (functional testing) is the checking of parts and elements of
insured property by mechanical, electrical, hydrostatic, or other forms of
testing under ‘no load’ conditions. Cold testing excludes the operation of
furnaces or the application of any direct or indirect heat, the use of feedstock
or other materials for processing. In electrical power stations cold testing
excludes connections to a grid or other load circuits of electrical generating,
transforming, converting or rectifying equipment.
Definition
The checking of parts, elements and /or production lines of insured property
under full or partial load and normal or simulated operating conditions including
the use of feedstock or other material for normal processing or other media for
load simulation. In electrical power stations, hot testing means checking after
connection to a grid or other load circuit of electrical generating, transforming,
converting or rectifying equipment.
82
The Works Contract may use the terms ‘hot test’, ‘operational test’,
‘commissioning test’ or ‘acceptance test’ to indicate the period during which
the plant is exposed to full load conditions for the first time. Since the insurer is
confronted with a period of considerably increased risk, a higher rate and
Excess is applied for the testing period and its extensions.
The provisions regarding sum insured and under-insurance are the same as
under CAR policy. See paragraph 11 of Chapter 5
The sum insured under the policy is adjustable at the end of the policy
period / completion of testing / commissioning on the basis of actual values
to be declared by the insured in respect of freight and handling charges,
custom dues and construction costs and difference in premium to be suitably
adjusted. However any increase or decrease in the prime cost of materials is
not subject to premium adjustment.
In the event of a loss or damage, the sum insured stands reduced by the
amount of claim. In order to maintain the “estimated completely erected
value” in force during period of insurance, the sum insured needs to be
reinstated by payment of additional premium for the balance period, from
the date of loss to the policy expiry date, on pro-rata basis.
83
h) Supplementary Covers
All the above supplementary covers are included in the policy by way of
specific endorsements. An individual ‘limit of indemnity’ has to be
selected-either in amounts or in percentage – against each extension and the
insurers will charge suitable additional premium for the same.
It may be noted that all the above extensions get automatically terminated
upon taking over of the completed works by the principal and do not
continue during the maintenance period. Endorsements for each of these
supplementary covers are included in subsequent chapter for better
understanding of the coverage and terms and conditions.
i) Maintenance cover
84
of operations carried out for the purpose of complying with his obligations
under the maintenance provisions of the contract.
The period of insurance under the EAR policy terminates at the latest on the
expiry date specified in the policy scheduled. At the request of the insured,
the insurer may extend the period of insurance on payment of appropriate
additional premium. Such extensions in the period may be required either in
the overall policy period or the testing period within or beyond the policy
period. However, before granting any extension a detailed investigation as
to the cause of the delay is made by the insurers.
Basis of indemnification
This clause is the same under CAR policy. See paragraph 17 of Chapter 5.
l) Excess (Deductible)
It is very common on a work site that numerous small incidents take place,
which cause loss or damage. Claiming indemnity for each such small loss
may unduly increase the administrative costs for the insurer and the
insured.
85
Acts of God Perils,
Fire claims,
Collapse and Works in water,
Maintenance period claims
In order to assess the risk that is proposed for “EAR” insurance the insurers
obtain information through the standard proposal form and special
questionnaires relating to specific information which will vary between and
be more appropriate to different types of plants and machinery. Systematic
underwriting is of utmost importance towards technical control of the EAR
risks. Systematic underwriting involves the following steps:
i. Checking the proposal form and questionnaire to ensure that the risk
information is complete. Most of the times documents like site plans,
extracts from the Works Contracts and other project documentation will
be required to understand:
86
Break down of values into major items including landed cost of
imported and indigenous machinery, custom duties, erection costs,
civil works and other supplementary covers
Understanding the exposures from Acts of God perils,
Duration of exposure for storage, construction / erection and testing
plus maintenance risks. Fires on project sites have produced large
losses for insurers the world over and fire prevention / protection on
the site during the period of erection should be carefully considered
The technical risk of the erection job together with verification
whether the plant / machinery is of new design or already proven on
some other projects elsewhere
Previous experience of the contractors / sub-contractors on similar
projects.
o) Rating structure
p) Instalment premium
The provisions and the methodology adopted in the market is the same for
CAR policy. See paragraph 21 of Chapter 5.
q) Claims control
Claims control procedures under this policy are the same as for CAR
insurance. See paragraph 22 of Chapter 5.
87
Test Yourself 1
In an Erection All Risk (EAR) Insurance Policy, the provisions related to material
damage are covered under ___________
I. Section I
II. Section II
III. Section III
IV. Section IV
88
B. Marine–cum erection (MCE) insurance
However, the need of the project principals and the contractors is to avail of a
continuous uninterrupted insurance including both the Marine and EAR
coverages. The combined marine-cum-erection insurance policy in the Indian
market is well suited to take care of this need to offer comprehensive seamless
cover.
Nevertheless, demand for such combination covers is ever increasing and Munich
Reinsurance Company has introduced the Comprehensive Project (CP)
Insurance Policy as recommended wordings for use by their own clients – the
insurance companies.
b. Scope of cover
Marine cum erection cover is the most comprehensive insurance cover for a
project during execution period. The scope of cover is on all risks basis at
various stages viz.
You should inform your supplier in advance that the packing should be
adequate to protect the goods against normal hazard of transit and
handling. The purpose of this exclusion is to encourage good packing and
reduce losses.
This exclusion mainly applies to oil and petroleum products and would not
be applicable to plant and machinery.
It can therefore be observed that the exclusions under the Marine Insurance
Clauses are mainly to encourage loss minimisation and not to avoid any
unforeseen eventualities on which the Insured does not have any control.
Marine cum Erection Insurance Policy, can offer wider cover than what is
provided in the standard Institute Cargo Clauses, by allowing certain
modifications to the style of writing Marine cover mainly in respect of
following two aspects:
90
a) 60 days storage limitation clause appearing in institute cargo clauses
The Institute Cargo Clause mentions that after offloading the imported
goods from the vessel / aircraft, Marine policy shall be in force for a
maximum period of 60/30 days respectively. Thus on account of say, strikes
in port or delay in inland transit, the Marine insurance policy would
terminate after 60/30 days limitation gets over. Similarly, the limitation of
7 days applies to inland transit of indigenously procured materials.
The above position can be modified in a Marine cum Erection insurance. The
60/30 days limitation clause and also 7 days limitation clause for indigenous
equipments can be completely deleted on payment of agreed extra premium
at commencement of insurance or the limitation period can be extended for
a particular consignment by payment of additional premium on individual
basis.
As per the institute cargo clauses a marine policy would expire as soon as
the equipments are delivered to an intermediate warehouse or sent to a
workshop for additional work say, fabrication or lining of a vessel etc. Such
storage risk at the fabricator’s premises can be covered as incidental to the
marine cover.
The Marine cum Erection insurance policy, thus, provides a continuous cover
at all stages and also during storage period, during various transits if prior
information has been given in the proposal form, insurers having agreed and
the insured having paid premium accordingly.
Even if the principal / owner take separate policies for Marine and EAR, there
will be certain disadvantages as compared to a single combined MCE policy.
Major points of comparisons between separate policies for Marine and EAR
against a combined Marine cum Erection (MCE) insurance policy, are given
below for easy reference
i. Where two separate Marine and EAR policies are taken, inspection of
equipments at the port of entry is essential before Storage-cum-Erection
/ EAR policy is to be given by an Indian insurer. The inspection costs are
to be borne by the insured. The need for such inspections does not arise
91
under a combined MCE policy as the same insurer offers continuous
cover.
ii. If any damages are observed during the inspection or the inspection
formalities are delayed for some reasons, the Indian insurer may not be
able to immediately confirm cover. Such a gap in cover will not occur in
a MCE policy.
iv. Damages which are detected at a much later stage during storage but
can be attributable to the Marine Cargo policy, cannot be recovered as
that policy has already expired. Such a gap in cover will not occur under
the MCE policy which offers continuous cover. Secondly, disputes may
arise in such cases as to which policy (i.e. whether marine or EAR) should
pay such claim. Such a situation will not occur under a MCE policy as it
offers a continuous cover.
v. Premium for the combined MCE policy will be cheaper than the total of
premiums for separate policies.
i. Marine
ii. EAR
92
In respect of construction plant, machinery and equipments the sum insured
should represent the new replacement value of each item to be covered.
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 gets reduced in such proportion as the sum insured bears to the
amount required to be insured. This condition applies separately for each
and every item.
i. Marine Claims
In the normal course there is no Excess applied for marine claims for general
cargo. However, in respect of a project, position will vary depending on the
type of machinery / equipment, overall transportation plan, transhipments
and intermediate storages, loading / unloading facilities etc. It is not
uncommon to find an Excess amount specified for marine claims under cargo
policies for project materials.
The Excess under EAR section are the same as for a separate EAR policy i.e.
separate excesses are prescribed for:
93
d. Underwriting and rating considerations
For the purpose of MCE policy, the factors relating to marine need to be
considered in addition to those for the EAR portion. Such considerations would
be:
e. Rating
The rates and Excess for marine cargo insurance of project materials – both
imported and indigenous depend upon the type and value of cargo involved. The
EAR rating considerations remain the same as explained earlier under
description for EAR insurance.
Test Yourself 2
The ICC’ A’ mentions that after offloading imported goods from the vessel, the
Marine policy shall be in force for a maximum period of ___________.
I. 15 days
II. 30 days
III. 45 days
IV. 60 days
94
Summary
a) The EAR policy provides a virtually comprehensive cover for the entire
project of installation / erection of machinery and equipment, from the
time of arrival of the first lot of materials at site and terminates on
completion of erection / testing /commissioning or the plant is taken over,
whichever shall occur earlier, and also during the maintenance period
thereafter.
e) EAR policy provides cover from the time of arrival of the first consignment
of materials at the site or from the commencement of work, whichever shall
be the first, and shall remain in force until the date specified in the policy
or the completion of erection, testing and commissioning or the contract
works are taken over by the principal, whichever shall occur first.
f) The cold testing (functional testing) is the checking of parts and elements of
insured property by mechanical, electrical, hydrostatic, or other forms of
testing under ‘no load’ conditions.
h) In an EAR policy, in the event of a loss or damage, the sum insured stands
reduced by the amount of claim.
95
k) Extended Maintenance Cover endorsement covers loss or damage occurring
during the maintenance period, provided such loss or damage was caused on
the site during the construction period.
l) In an EAR policy, the rates may vary depending on the nature of the project,
location, size, period of insurance, contractors’ experience, the excess
amounts etc.
n) Marine cum Erection Insurance Policy can offer wider cover than what is
provided in the standard ICC “A” Clause, by allowing certain modifications
to the style of writing marine cover mainly in respect of the following two
aspects:
p) For the purpose of underwriting and rating considerations of MCE policy, the
factors relating to marine insurance need to be considered in addition to
those for the EAR portion.
96
Answers to Test Yourself
Answer 1
In an Erection All Risk (EAR) Insurance Policy, the provisions related to material
damage are covered under Section I.
Answer 2
The correct option is IV.
The ICC ‘A’ mentions that after offloading imported goods from the vessel, the
marine policy shall be in force for a maximum period of 60 days.
Self-Examination Questions
Question 1
In an Erection All Risk (EAR) Insurance Policy, the provisions related to third
party liability are covered under ___________.
I. Section I
II. Section II
III. Section III
IV. Section IV
Question 2
In EAR insurance, the contractors may take out cover during the maintenance
period to fulfil their obligations under the contract; such maintenance period is
usually ____________, but may vary depending on the type of contract work.
I. 6 months
II. 12 months
III. 18 months
IV. 24 months
Question 3
In EAR insurance, the contractors may take out cover during the maintenance
period, which is also known as _____________.
Question 4
Cold testing is the checking of parts and elements of the insured property by
mechanical or other forms of testing under __________ conditions.
I. Full load
II. Partial load
III. No load
IV. Extreme Load
Question 5
Answer 1
In an Erection All Risk (EAR) Insurance Policy, the provisions related to third
party liability are covered under Section II.
Answer 2
In EAR insurance, the contractors may take out cover during the maintenance
period to fulfil their obligations under the contract. Such maintenance period is
usually 12 months but may vary depending on the type of contract work.
Answer 3
In EAR insurance, the contractors may take out cover during the maintenance
period which is also known as Defects Liability Period.
98
Answer 4
Answer 5
The Erection All Risk (EAR) Insurance policy is more popularly known in India as
Storage-cum-Erection (SCE) Insurance Policy.
99
CHAPTER 7
Chapter Introduction
This chapter discusses large projects which cannot be insured with either EAR or
CAR polices, and is insured under contracts work insurance.
The chapter then provides a format of questionnaires and proposal forms that
are used for collecting information for underwriting purposes, in order to
provide a better understanding of the policy to the readers.
Learning Outcomes
100
A. Contract works (CW) insurance
1. Contract works
The term “Contract Works” insurance is used in different insurance markets for
different types of policies. It is pertinent to note that CW insurance is not sold
in the Indian market, but it is essential to understand the basics of such a
policy.
The British market normally uses this term for open Annual Floater policies for
contractors who normally undertake construction works of similar nature in
sufficiently large numbers.
Example
a) Dwellings,
b) Apartments,
On the other hand, some of the European insurers/reinsurers use this term for a
special cover which is combination of CAR and EAR insurances to suit the needs
of projects involving substantial amount of both civil construction and
machinery installation.
The Annual Floater policy is discussed in subsequent Chapter and the one
combining CAR/EAR is discussed hereunder.
We have already seen that a CAR policy would be most suited for contracts
predominantly involving civil engineering works and an EAR or MCE policy would
cater to plant / machinery erection contracts.
101
to the machinery portion, at an extra premium. This is however specific to a
project only.
Example
a) Heavy civil works like construction of dam, coffer dam, various tunnels,
power house building, pen stocks etc. and
Also, both the types of work, at certain stages may require to be carried out
simultaneously and machinery parts like turbine casing are to be embedded in
civil works.
And thus, neither the EAR nor the CAR policy alone can meet insurance
requirements of the whole project. Equally separate CAR and EAR policies
would result in gaps and/or overlaps in coverage.
Some years back, Tariff Advisory Committee had adopted certain wordings for
this policy based on the standard wordings of Swiss Re. The policy includes
different sections for the sake of emphasis and clarity.
b) Preamble,
102
f) Material Damage Section for Building and Civil Engineering Works
defining accident scenario, special exclusions to the Section, Period of
Insurance, Sum Insured and Loss Settlement basis,
l) Premium
Table 1:
To be insured
1 Names and addresses of Parties To The Contract:
under this Policy?
1.0 Principal Yes / No
1.1 Main Contractor Yes / No
Sub- Contractor(s) …………………………….
1.2 ……………………………. Yes / No
…………………….………
Manufacturers (s) of main groups of industrial plant
1.3 Yes / No
and installations
1.4 Supervisory Firm (if engaged in project) Yes / No
1.5 Consulting Engineer Yes / No
Which of the above is the Proposer of this insurance?
1.0) 1.1) 1.2) 1.3) 1.4)
103
2. LOCATION (exact identification of contract site) _____________
3. TITLE OF PROJECT ___________________________
Construction Erection
MATERIAL DAMAGE –
5. Detailed breakdown of values as per Rs.
separate enclosure
BUILDING AND CIVIL ENGINNERING
5.0
WORKS
Permanent works - Is it included
5.00 Yes / No
under 5.0?
Temporary works - Is it included
5.01 Yes / No
under 5.0 ?
Principal’s supplied materials- Is it
5.02 Yes / No
included under 5.0?
SUM INSURED– Building and Civil
Engineering (item 1 in the Schedule)
105
5.1 ERECTION WORKS
Principal’s supplied materials- Is it
5.10 Yes / No
included under 5.1?
SUM INSURED – Erection Works
(item 2 in the Schedule)
5.2 Clearance of Debris
5.3 Existing property as per 70
Contractors’ plant and machinery–
5.4
enclose list
Contractors’ equipment camp with
5.5
actual values
Architects’, Surveyors’ and
5.6
Consulting Engineers’ fees
TOTAL SUM INSURED 5.0 -5.6
6. EXCESS Amounts
BUILDING AND CIVIL ENGINNERING
6.0
WORKS
6.1 ERECTION WORKS
Testing/Commissioning (hot testing)
6.2
Period, Maintenance Period
6.3 Major or Special Perils
6.4 Existing Property
6.5 Contractors’ Plant and Machinery
Contractors’ Equipment, Camp with
6.6
installations
PROJECT INFORMATION –
7.
Complementary to 3 and 5
Is the project an extension of
7.01 existing plant, building, Yes / No
construction, facility?
If yes – will operation of existing
7.02 facilities continue during Yes / No
construction and erection?
Existing Property details to be Description
7.03 Limit
attached Layout
Previous Experience of
7.1
Manufacturer(s) or Contractor(s)
Subcontractor – Information
7.2 Subcontractors name
Previous experience
106
Subcontracted work Contract value
7.3 Civil Engineering Work
Will civil engineering work be
7.31 Yes / No
completed before erection starts?
If no, for how many months will civil
7.32 engineering works be carried on in
parallel?
7.4 Exposure to Perils of Nature
Rainy season From ………To……..
7.41 month and
Max. rainfall
Distance to nearest River
7.42
(whether dry or running),Sea, Lake
Difference between Lowest plant
7.43 level: elevation and Highest Flood
Level
Maximum wind velocity Storm
7.44 frequency - high medium
low
7.45 Earthquake Zone details
8. THIRD PARTY LIABILITY SECTION
8.0 Do parties to the contract have existing Third Party Liability policies
which also cover the activities for which the present insurance is
proposed?
If yes – mark: Principal Main contractor Subcontractors
Supervising firm Consulting Engineer
Amounts:
801 Limits for bodily injury.
802 Limits for property damage
803 mits for combined (single) limit
8.1 Is Third Party Liability to be included in this policy?
107
815 aggregate limit of indemnity under the policy
8.2 Surroundings not belonging to the Insured Enclosures
Sum Excess
Item Item
Insured Rs. Rs.
Building and Civil Engineering Building and
Works including Permanent and Civil
Temporary Works Materials Engineering
supplied by Principal Works
1. Erection Works including
Permanent & Temporary Works Erection Works
Materials supplied by Principal
Estimated Total Contract Value Testing and
Commissioning
2. Clearance of Debris
Special or Major
Perils (AOG)
Limit per event
108
3. Existing Property Existing Property
4. Contractor’s Plant and Contractor’s
Machinery Plant and
Machinery
5. …………………..
6. …………………..
7. …………………..
8. Architects, surveyors and
consulting Engineer’s fees
Total of 1 - 9
Special Limits of Indemnity
9. ……………
10. ………………
11. ………………
Third Party Liability
Third party
Limit of indemnity in respect of property
any one or series of accidents Damage
arising out of one event: Any one event
1. Bodily Injury
2. Property Damage
3. Combined single limit
Period of Insurance
From………….. To………………..
……..Months
Maintenance period
From………….. To………………..
Premium
Rs.
Subject to Adjustment as per
Policy provisions
Endorsements Attached to this
Policy
…………………………………………………
…………………………………………………
………………………………………………….
Questionnaire No. …………………
signed by the Insured.
Information documents as per list
attached and forming part of the
Policy
Signed by Authorised representative of the Insurance Company
109
Test Yourself 1
In which of the following countries does the term ‘Contract work’ refer to open
Annual Floater policies for contractors who normally undertake construction
work of similar nature in sufficiently large numbers?
I. The US
II. Britain
III. India
IV. Europe
110
Summary
b) The British market normally uses this term for open Annual Floater policies
for contractors who normally undertake construction works of similar nature
in sufficiently large numbers.
111
Answer to Test Yourself
Answer 1
Self-Examination Questions
Question 1
In which of the following market does the term ‘contract work’ refer to special
cover which is a combination of CAR and EAR insurances to suit the needs of
projects involving substantial amount of both civil construction and machinery
installation?
I. The US
II. Britain
III. China, Europe
Question 2
ABC ltd is an infrastructure firm, which has been awarded a contract for
building a flyover. Which type of policies can be taken by infrastructure
companies that are involved in such civil engineering works?
I. CAR
II. EAR
III. IAR
IV. Contract works
Question 3
I. CAR
II. EAR
III. IAR
IV. Contract works
112
Question 4
ABC ltd has been awarded a contract for building a hydro electric project that
involves heavy civil work such as construction of a dam, and installation, testing
and commissioning work in respect of machinery, which at times can be
required to be carried out simultaneously.
Which of the following types of insurance policy will be most suited to ABC ltd?
I. CAR
II. EAR
III. IAR
IV. Contract works
Question 5
Answer 1
Answer 2
113
Answer 3
Answer 4
Answer 5
114
CHAPTER 8
Chapter Introduction
Learning Outcomes
115
Look at this Scenario
In March 2007, in the Czech Republic, a major accident occurred in which the
rail bed service machine got severely damaged. The accident occurred due to
the fault of the operator.
One of the rails was being lifted by the operator, but it accidentally fell down
when the arms were being moved into the rail bed. Due to this, 40 meters of
the frame structure of the machine broke down and bended towards the rail.
The estimated loss due the accident was approximately EUR 3,00,000.
Let us discuss the CPM insurance policy and its importance against CAR and EAR
polices in the chapter below.
1. Introduction
These machines and equipment are often used in very harsh working
environment and conditions and therefore, exposed to a larger frequency of
accidental losses involving unpredictable amounts.
The contractors are concerned about such accidents for two main reasons viz.
a) His limited fleet of machinery and equipment does not enable him to get
immediate replacements for the damaged machines and
b) He is not able to set aside sufficient financial reserves for covering such
accidental damages than the normal amount of depreciation.
As a consequence, the demand for insuring such plant and machinery has
increased. Insurers have responded to this need by offering cover under
‘Contractor’s Plant and Machinery ‘(CPM) insurance to protect the contractor
116
against sudden and foreseen damage by external physical accidents to such
items.
CPM is a more popularly used terminology internationally. However some
insurers / reinsurers like Swiss Re call it as PLEQ (Plant and Equipment) or CPE
(Contractor’s Plant and Equipment) insurance. Indian insurers use the
terminology “CPM”
2. Object
All types of contractor’s plant and equipments are exposed to damage from
perils such as:
Fire,
Water ,
Storm,
Impact and perils of nature.
The exposure of these perils commences from the time the first lot of plant and
equipment arrives at the construction site and has successfully commissioned
(in case it arrives in knock down conditions) and continues while the
construction work is in progress.
However, in many cases the machinery and equipment are not required on the
same site for the entire duration of a project and contractors use them on
different sites for desired duration.
The annual coverage is also convenient where such plant and machinery forms
an integral part of production facility after commissioning and commencement
of commercial operations and thus remains on the same site.
3. Scope of Insurance
117
a) Fire and lightning, external explosion,
b) Burglary, theft,
c) Riot, strike, malicious damage,
d) Earthquake, flood, inundation, subsidence, land slide and rockslide.
e) Storm, tempest, hurricane, typhoon and tornado.
f) Accidental damage while at work due to faulty handling dropping or
falling, collapse, collision, toppling over and impact etc.
4. Supplementary covers
The policy can also be extended to include the following additional risks:
118
6. Sum insured and average
Sum insured of each individual item must represent its new replacement value
including:
The current market value is not a suitable value, as it constantly changes, and
different valuation criteria and methods are possible.
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
gets reduced in such proportion as the sum insured bears to the amount
required to be insured. This condition applies separately for each and every
item.
The sum insured should represent the replacement value throughout currency of
the policy and problems of inflation should be borne in mind. For this purpose
the sums insured should be reviewed at frequent intervals and, if possible,
value should be linked to an acceptable index showing fluctuation in prices.
7. Basis of indemnification
In cases where the damage can be repaired, the basis of indemnification is the
cost of restoration to working order based on the customary daily rates together
with normal freight, erection cost and other duties and taxes.
Where the insured item is totally destroyed or is a constructive total loss the
basis of indemnification is market value of the item immediately before the
accident plus cost of removing the damaged machinery less value of salvage.
119
Any extra charges incurred towards repairs, such as express freight, air-freight,
overtime and holiday rates of wages are payable only if special provision for
these items has been made in the policy in consideration of which an additional
premium is charged.
All the forgoing points are still subject to the comments contained under “Sum
Insured and Average”.
The insurers keep the option that they may repair, replace or reinstate any
property lost or damaged or pay in cash the amount payable.
8. Excess
This eliminates small claims which are costly and troublesome to handle, and as
such this is of benefit to both the parties. As far as the insurer is concerned this
is a useful aid to check the increasing claim cost.
9. Machinery classification
a) Mobile machinery
120
A mobile crane
b) Stationary plant
121
Ready mix concrete batching plant
The facts to be taken into account when assessing the risks are as follows:
122
Claims under this policy may arise due to many causes, e.g. fire, riot, flood,
storm earthquake, theft, accidental damage to the contractor’s plant and
machinery. Proper claims forms should be used when processing the claims.
Insurers generally insist upon immediate notification of any claim for this class
of insurance in order that the cause and circumstances of the loss may be
ascertained and repair /replacement cost checked.
Prospects of recovery must not be overlooked and the insured will be required
to actively pursue the question of recovery from the manufacturers /suppliers
depending on the terms of the contract.
All theft claims require careful investigation in conjunction with the local police
authority.
Losses discovered only at the time of taking inventory are not covered under
the policy.
Salvage materials should be disposed of, preferably on “as is, where is” basis, at
best available prices and this will minimise the loss to a certain extent.
It is incumbent on the insured to forward to the insurer forthwith any notice of
claim received from a third party without admitting liability. On no account
should the insured offer, admit, compromise or promise any payment without
the consent of the insurer.
It is also recommended that the insured’s instructions for reinstating the sum
insured should be sought at the time the cheque in settlement of claim is
forwarded to him.
123
12. Rating factors
In order to make the CPM insurance proposal more cost effective and
meaningful, these contractors require an annual policy on declaration basis for
total sum insured but with a specific per loss limit.
Such per loss limits can either be on the normal basis of loss settlement or on
First Loss basis. Given the volume and number of machinery / equipment, a few
policies can be found in the market which are totally reinsurance driven. In all
insurance markets of the world, such covers are written on case by case basis.
124
Test Yourself 1
Test Yourself 2
125
Summary
c) In a CPM policy, the sum insured of each individual item must represent its
new replacement value, including transportation cost to site, customs dues
and all installation costs. The sum insured should represent the replacement
value throughout the currency of the policy and problems of inflation should
be borne in mind.
g) Losses discovered only at the time of taking inventory are not covered under
the CPM policy.
h) Salvage materials should be disposed of, preferably on “as is, where is”
basis, at best available prices and this will minimise the loss to a certain
extent.
126
Answers to Test Yourself
Answer 1
Contractor’ Plant and Machinery insurance is also known as plant and Equipment
insurance.
Answer 2
Self-Examination Questions
Question 1
Question 2
Question 3
127
III. Road surface finishers/ rollers/ compactors
IV. Tower cranes
Question 4
Question 5
I. Theft items
II. Losses discovered at the time of taking inventory
III. Salvage materials
IV. Materials damaged in an accident
Answer 1
The main objective of CPM insurance is to protect the constructional tools and
equipment against all external damage.
Answer 2
Answer 3
128
Answer 4
In a CPM policy, salvage materials should be disposed of, preferably on “as is,
where is” basis, at the best available prices in order to minimise the loss to a
certain extent at the time of claim.
Answer 5
Losses discovered at the time of taking inventory will not be covered in a CPM
policy.
129
CHAPTER 9
Chapter Introduction
In this chapter, we will discuss the Advance Loss of Profit (ALOP) insurance
policy, which is issued in advance of the actual commencement of business.
We will also discuss in detail the reasons this policy is always issued in
conjunction with and as an extension of EAR / CAR insurance policy.
Learning Outcomes
In incidents such as these, ALOP polices can come to the rescue of the principal
of the project, which covers financial consequences of a delay in estimated
commercial operation date of a project, because of accidental damage to the
project materials admissible under Material Damage Section of an EAR or CAR
insurance policy.
130
A. Advance loss of profits
1. Introduction
Definition
Though Marine Consequential Loss policies were fairly known for many years,
the ALOP insurance was known in the British market even before 1964.
A small number of policies on large plants have been issued in the global market
today with required indemnity limits under a single policy far exceeding the
ALOP premium earnings.
c) Growth.
b) The Contractor: Delay in handing over the plant would affect his
payments receivable, may invoke contractual penalties for such delays
and commitment on other contracts in hand,
132
e) Customers: Delay in commencement of project would affect business
plans,
For insurers, the financial consequences at stake are those which relate to the
period after the contractor would have handed over the plant to the owner /
principal and commercial operations commenced.
Thus, the principal alone and his financiers have an insurable interest in the
financial consequences of a delay in the project.
Accordingly ALOP policy is issued only to principal / owner of the project with
the interest of the financiers suitably recorded.
Before going into the details of ALOP insurance coverage, it would be desirable
to have a look at the following comparison between typical features of an
operating plant and a new venture, with specific reference to some important
factors that affect business:
Table 9.1
133
e) Revenue / Trading figures available for
Only projected figures
Cost Structure previous years
f) Infrastructure
/ Legal Frame Established Only assumptions
Work
Keeping the above points in mind, following paragraphs touch upon certain
important factors that relate to ALOP Insurance.
5. Object
This delay must be caused by direct physical loss or damage to the project
property, admissible under the Material Damage section of CAR / EAR insurance
covering the contract works.
It is worth noting here that a number of reasons occurring during the CAR/EAR
policy period, contribute to delays of different degrees in commencement of
the project commercial operation.
Ultimately all these delays accumulate and result into a single delay period for
the project. It is always the case that some of these delay are on account of
uninsurable reasons, or may not result into admissible material damage and
hence not admissible for the purpose of ALOP. Whether the delay may be
insured or not will mainly depend upon the following factors:
6. Basic elements
a) The insured
The insured can only be the Principal / owner of the project i.e. the party
who stands to lose their estimated revenue earnings if the project gets
delayed.
Quite often the interest of the project financiers has to be noted on the
policy. Generally, they are included as “Additional insured”.
134
The Contractor / Sub-contractor / Engineers etc. are joint insured’s with
the owner only under the CAR/EAR policy for the purpose of material
damage and TPL losses. Since they have no insurable interest, they cannot
be accepted as insured’s under the ALOP policy.
b) Sum insured
By and large the definitions on sum insured closely follow the ones found in
the standard loss of profits policies like MLOP or Fire LOP. However the
basic difference arises from the fact that, in case of ALOP insurance, there
are virtually no previous trading accounts available for arriving at a realistic
amount as sum insured.
Table 9.2
c) Period of insurance
The insurance period for ALOP coincides with the EAR/CAR policy period
including the testing period, if covered and terminates with the
commencement of commercial operation.
135
The estimated “Commercial Operation Date (COD)” is an important
parameter because it is the starting point from which the delay period is
measured.
The Period of Indemnity commences on the COD i.e. the day on which the
project would have been taken over by the owner had the accident not
occurred and ends on the day the commercial operation starts.
i. Reordering
ii. Re-manufacturing
iii. Transportation to the site
iv. Re-erection / testing / commissioning
The Time Excess or the waiting period is the period within the period of
delay for which loss is borne by the insured. It starts along with the
indemnity period and is normally stipulated to absorb the effects of delay
due to minor events which are inherent to the project.
Example
30 days for a coal fired thermal power station having each unit of about 300 MW
capacity
The basis of the scope of cover is normally detailed in the endorsement which
gets attached to the basic Material Damage CAR/EAR policy as separate
additional Section and relates to the actual financial loss sustained by the
136
insured including Increased Cost of Working, less any sum saved during the
period of delay.
Test Yourself 1
Which of the following risks are not insured in ALOP insurance policies?
137
B. Endorsement for advance loss of profits insurance
1. Object of insurance
The Insurers hereby agree to indemnify the Insured (Principal or Owner) for
the actual loss sustained due to a delay in completion of the insured works
caused by direct physical loss or damage (hereinafter referred to as “accident”)
covered under the Policy to which this Endorsement is attached and occurring
within the stated Period of Insurance, as defined below.
The cover provided under this Endorsement shall be for the actual loss of gross
profit due to reduction in turnover and increased cost of working, and the
amount payable as indemnity hereunder shall be:
c) Less any sum saved during the Indemnity Period as may cease or be
reduced in consequence of the accident (including any liquidated
damages and penalties the Insured is entitled to receive).
If the annual sum insured hereunder is less than the sum obtained by applying
the rate of gross profit to the annual turnover, the amount payable shall be
reduced proportionately.
Definition
a) Turnover
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 insured business conducted at the premises.
b) Annual turnover
The turnover which would have been achieved, had the accident not
occurred, during the 12 months after the planned date of completion of the
insured works.
138
c) Annual gross profit
The amount by which the annual turnover exceeds the amount of specified
working expenses. Specified working expenses are those costs which vary
directly with turnover, such as those for the acquisition of goods, raw
materials or auxiliaries, 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
for inventors, etc.
d) Rate of gross profit
The rate which would have been earned, had the accident not occurred, on
the turnover during the Indemnity Period.
2. Period of insurance
For the purpose of this Endorsement, this shall be deemed to take place on
completion of full operational testing (if applicable) or at the planned date of
completion of the insured works stated in the Schedule, whichever shall occur
first.
3. Indemnity period
The Indemnity Period begins with the date upon which, had the accident not
occurred:
The Indemnity Period ends with the actual date upon which:
The deductible period runs from the date upon which, had the accident not
occurred, the insured business would have been completed. When a delay
139
exceeds the deductible period, the indemnity is reduced in the same proportion
as the deductible period bears to the Indemnity Period.
Special exclusions
Insurers shall not be liable under this Endorsement for delays due to:
5. Special conditions
The Insured shall take all reasonable steps to complete the works as
scheduled and shall fully observe all manufacturers’ instructions for
construction, erection, commissioning / testing of the works, as well as any
government, statutory, municipal and all other binding regulations in force
concerning the installation and commissioning / testing operation of the
works.
The Insurers’ representatives shall at all reasonable times have the right to
inspect and examine the works and the Insured shall provide the officials of
the Insurers with all details and information necessary for the assessment of
the risk.
The Insured shall periodically furnish the Insurers with updated works
progress programmes as stated in the Schedule.
140
In the event of a difference between the anticipated and the actual progress
of the contract works necessitating a revision of the anticipated date of
completion, the Insurers and the Insured shall agree to a revised anticipated
date of completion, which will be amended to this Endorsement.
The Insured shall immediately notify the insurers in writing of any material
change in the original risk, such as:
i. Changes of the envisaged works progress programme, testing procedure,
etc.;
ii. Alteration, modification or addition to any item of machinery or work,
etc.;
iii. Departure from prescribed construction or operation conditions ;
iv. Changes in the insured’s interest (such as discontinuation or liquidation
of the business or its being placed in receivership).
In such cases, continuance of cover under this Endorsement is subject to the
written consent of Insurers.
c) Conditions relating to claims
Should any occurrence giving rise or likely to give rise to a claim under this
Endorsement come to the knowledge of the Insured, the Insured shall:
i. Give immediate notice thereof to the Insurers by telephone, telex or
telefax and send written confirmation thereof, within forty-eight hours
of the event to the Insurers;
ii. Do and concur in doing and permit to be done all things which may be
reasonably practicable to minimise or to avoid or diminish the claim
amount or any delay in completion of the works;
iii. Discontinue the use of any damage machinery, unless the Insurers
authorise otherwise (the Insurers shall not be liable in respect of any
delay in completion of the works arising out of the continued use of any
damaged machinery or part of work without the prior authority of the
Insurers, until such parts has been repaired to the satisfaction of the
Insurers);
vi. If the Insured or anyone acting on his behalf hinders or obstructs the
Insurers during any of the above-mentioned acts or does not comply with
such recommendations of the Insurers, all benefits under this
Endorsement shall be forfeited.
In the event of a claim being made under this Endorsement the Insured shall:
ii. Also furnish to the Insurers such books of account and other papers
relating to the business such as invoices, balance sheets and other
documents, proofs, information, explanation and other evidence as may
reasonably be required by the Insurers for the purpose of requiring a
statutory declaration of the truth of the claim and of any matters
connected therewith.
No claim under this Endorsement shall be payable unless the terms of this
condition have been complied with and, in the event of non-compliance, any
payment of account already made shall be repaid to the Insurers immediately”.
ALOP and similar forms of ‘Delayed Income Insurance’ have been requested for
all types of projects. In so far as the Indian market is concerned the demand for
this cover mainly comes from private owners of Infrastructure Projects, as most
of these projects are financed by banks / financial institutions.
Power and road projects, being more in demand, form the largest group of
clients who require ALOP insurance covers. Generally the demand from them
relates to ALOP / DSU cover in conjunction with both:
The Marine Cargo Insurance for critical items of the project cargo and
The CAR / EAR insurance for Construction Phase of the project.
142
Internationally the insurers have come across requests for ALOP insurance for
the following classes:
e) For residential or office buildings a special policy form has been devised
to insure against loss of rent / interest.
7. Underwriting information
Insured: _____________________________________________________________
Insured Project:_______________________________________________________
Periods
Construction / erection: from ____________ to___________
Commissioning / testing: from ____________ to___________
Anticipated date of commencement of commercial operation:
Period of indemnity:
Time excess:__________________________________________________________
143
Arrival of main items at site;
Construction / erection phase of main items and allowance for delays;
Commissioning / testing phase.
Will the work involve any large scale manufacturing or fabrication on site?
If so, please state details.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Will any second-hand machinery be installed? If so, please mark them on the
list of machinery and details regarding age, condition, spares available, etc.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Please give details of envisaged site protection and when this will be operative
at the latest.
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Sum insured:__________________________________________________________
Please forward details of how the required sum insured was arrived at.
(Refer to definitions in the policy wording)
Does the sales contract provide for penalties in case of delay in completion?
If so, please state details:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Please attach copy of envisaged underlying material damage policy with all
endorsements, should this be other than SR standard wording.
_____________________________________________________________________
The Proposer declares that the above particulars are correct and given in good
faith.
Place and date
Proposer’s name and signature
Test Yourself 2
I. Turnover
II. Annual turnover
III. Annual gross profit
IV. Rate of gross profit
145
Summary
c) ALOP policy is issued only to the principal / owner of the project with the
interest of the financiers suitably recorded. The Contractors / sub-
contractors and suppliers cannot be a beneficiary under this policy, even
though they are joint insureds under CAR / EAR policy.
e) The insurance period for ALOP coincides with the EAR/CAR policy period
including the testing period, if covered, and terminates with the
commencement of commercial operation.
f) The Period of Indemnity commences on the COD, i.e. the day on which the
project would have been taken over by the owner had the accident not
occurred, and ends on the day the commercial operation starts.
g) The Time Excess or the waiting period is the period within the period of
delay for which loss is borne by the insured.
h) As per the Indian market, the demand for ALOP insurance cover mainly
comes from private owners of Infrastructure Projects, as most of these
projects are financed by banks / financial institutions. Power and road
projects, being more in demand, form the largest group of clients who
require ALOP insurance covers.
146
Answers to Test Yourself
Answer 1
Answer 2
Self-Examination Questions
Question 1
Question 2
Question 3
I. Contractors
II. Project financiers
III. Suppliers
147
IV. Engineers
Question 4
What is the starting point from which the delay period is measured in an ALOP
policy?
Question 5
____________ is the period within the period of delay for which loss is borne by
the insured.
I. Period of indemnity
II. Commercial operation period
III. Testing period
IV. Time Excess
Answer 1
Answer 2
Answer 3
Answer 4
148
Estimated Commercial operation date is the starting point from which the delay
period is measured in an ALOP policy.
Answer 5
Time Excess is the period within the period of delay for which loss is borne by
the insured.
149
CHAPTER 10
Chapter Introduction
Reference to the Supplementary Covers has been made earlier while discussing
the “Construction Phase” insurance. This chapter includes standard
endorsement wordings for each such individual extension cover along with other
applicable endorsements. These endorsements are reproduced below to enable
the students to understand the finer details of these covers.
Learning Outcomes
A. Endorsements
B. Framing construction phase insurance programme for a project
150
A. Endorsements
“It is hereby declared and agreed, subject to the exceptions contained herein,
or endorsed hereon, that this policy is extended to cover the risks of loss or
damage to property brought on to the site of erection for performance of the
contract, details of which are stated as under:
b) Watch and ward facility should be provided round the clock at the site.
d) In any case the liability of the company, per storage unit shall not
exceed 10% of the sum insured as per Memo 1 of the policy or Rs. 50
crores, whichever is less.
151
e) Grass and / or any other vegetation in and around the site are regularly
removed.
f) Inflammable materials such as waste materials empty boxes crates,
waste wood and paper should be promptly removed from the site.
It is further agreed and understood that the Company shall not be liable for
10% of the claim amount subject to a minimum of Rs. _________ (which
corresponds to the Deductible for claims during Testing period) for each and
every claim on account of fire / explosion.
"It is agreed and understood that otherwise subject to the terms, exclusions,
provisions and conditions contained in the policy or endorsed thereon and
subject to the insured having paid the agreed extra premium, the Third Party
Liability Cover of the policy shall apply to the insured parties named in the
Schedule as if a separate policy had been issued to each party provided
the Company shall not indemnify the insured under the Endorsement in
respect of liability for
The insurer's total liability in respect of the insured parties shall not however
exceed in the aggregate for any one accident or series of accidents arising out
of one event the limit of indemnity stated in the Schedule."
It is also hereby declared and agreed that in the event of a claim the insured
would be considered as fully insured upto the sum insured inclusive of ___%
increase as per selected escalation and under insurance would apply only in the
event of the cost of replacement of the affected equipment exceeding the
original value inclusive of selected ___% towards escalation.
It is however understood and agreed that the premium collected against price
escalation hereinabove shall not be subject to refund of premium as provided in
the premium adjustment clause in Memo 2 of the policy.
152
It is further understood and agreed that in case of additional premium
chargeable during final adjustment, additional escalation premium will be
charged to the insured but in case of any premium refundable during final
adjustment no refund shall be allowed against the escalation premium
already charged to the Insured.
"It is hereby declared and agreed that the policy shall also indemnify towards
Air Freight incurred by the insured in connection with the idemnifiable loss
under the policy. In consideration thereof an additional premium of
Rs._______ is charged hereby. Limit of indemnity shall be Rs. ___________
during currency of the policy.
This provision to grant cover for air freight applies to both Marine and EAR
portions if combined Marine-cum-Erection policy is issued. In cases where
separate Marine and Erection All Risks policies are issued the Marine policy
should be specifically endorsed to the effect.
Each and every claim payable under this extension shall be subject to an Excess
of 5% of the admissible Additional Custom Duty incurred and will be in addition
to the Excess amount applicable for the affected item under the policy.
The indemnity for such Additional Custom Duty will stand reduced after
occurrence of the claim unless reinstated by payment of an additional premium
prescribed by the company.
153
6. Endorsement for test run definition in respect of thermal power station
If the trial operation/test loading is not completed within the time specified
hereunder the Company may extend the period of testing on receipt of
additional premium at agreed rates but in no case the total test period
available under the policy shall exceed 12 months."
a) Article 1
It is warranted that the insured shall give previous notice in writing to the
Company of the date of the initial start-up operation for testing of plant.
Commencing date of the initial start-up operation referred to in the
preceding paragraph shall mean the date of the first introduction of feed
stock or initially filled mixture of oil or hydrocarbon for cleaning or purging
or naphtha fuel for burning into the plant, whichever date is earlier.
However the operation carried out for cleaning and purging in each
individual unit will be considered a part of erection work provided such
cleaning and purging work does not exceed a period of two weeks in
each unit. It is however understood and agreed that during any operation
whatever cleaning, purging, testing or commissioning, where hydrocarbons
or Hydrogen are involved the deductible excess shall be 5% of claim amount
subject to minimum of Rs. 500000/-.
154
b) Article 2
The insurers shall only indemnify the insured for loss or damage resulting
directly or indirectly from fire and / or explosion if adequate fire
fighting facilities for the insured plant are installed and rendered
serviceable immediately after completion of the rough structure of the
building and before any machinery is stored and / or installed therein.
All machinery and equipments shall be stored in such a manner that the
value of items stored per storing unit shall not exceed Rs ............ and that
such individual storing unit shall be at least _______ feet apart separated by
fire-proof walls.
Should the value per storage unit exceed Rs ............ then in the event of a
claim, the liability of the Company shall be in the same proportion as Rs
............ bears to the total value of items stored in the concerned
individual storage unit as defined above.
c) Article 3
155
9. Endorsement concerning storage
The individual storage units shall be either atleast 50m apart or separated by
fireproof walls.
12. Special conditions for open trenches during laying of pipelines ducts and
cables
The insured shall make sure that plugging facilities are available near the
pipe ends for emergency purposes and that pipe ends exposed to flooding are
plugged before any interruption during idle work periods such as nights and
holidays.
156
It is agreed and understood that otherwise subject to the terms, exclusions,
provisions and conditions contained in the policy or endorsed thereon, the
Insurers will indemnify the Insured for any loss or damage due to storm,
rainfall, flood, inundation such as sanding, silting up, mudding up,
erosion, collapse and floating up of pipes, ducts or cables, sustained by
completely or partly excavated open trenches and /or items laid therein,
upto a maximum length of ____km open trench only one loss event.
The insured shall make sure that plugging facilities are available near the pipe
ends for emergency purposes and that pipe ends exposed to flooding are
plugged before any interruption during idle work periods such as nights and
holidays.
i. Leak search costs following hydrostatic test (including the cost of leasing
special apparatus, cost of operation and transport of such apparatus)
ii. Earthwork on a trench not damaged itself, search earthwork becoming
necessary in the search for and repair of leaks, e.g. excavation,
uncovering of the pipeline, backfilling.
Provided that:
Indemnity shall be limited in the aggregate per testing section during one policy
period. Costs caused by faulty repair of welding seams shall be excluded from
the cover.
The standard EAR policy as prescribed by the Tariff, Excludes the affected part
which is defective in design, but covers the consequential damage to other
property, in the event of a loss or damage due to such defective part. However,
depending on the provisions of the Works Contract, the project company,
contractors or financiers may require variations in this regard. Five sets of
Endorsement wordings are available from the London Market for the Defect
Exclusion (D.E.) Wordings. All these five wordings are reproduced below for
better understanding of the differences between them.
157
It is also expected that students who are in the marketing teams of the
insurance companies will be better placed to discuss the relevant issues with
their clients.
The first wording DE-1, relates to outright exclusion of ‘design defect’ damages
and corresponds to the standard CAR policy, whereas DE-3 corresponds to
standard EAR policy.
Exclusion (i) and (ii) above shall not apply to other property insured which is
free of the defective condition but is damaged in consequence thereof.
For the purpose of the policy & not merely this exclusion, the property
insured shall not be regarded as lost or damaged solely by virtue of the
existence of any defect in design, plan, specification, materials or
workmanship in the property insured or part thereof.
c) Limited defective condition exclusion DE 3
This policy excludes loss of or damage to and the cost necessary to replace,
repair or rectify
i. Property insured which is in a defective condition due to a defect in
design, plan, specification, material or workmanship of such property
insured or any part thereof but not to other property insured which is
free of the defective condition but is damaged in consequence thereof
ii. Property insured lost or damaged to enable the replacement, repair or
rectification of property insured excluded by (i) above
For the purpose of the policy & not merely this exclusion the property
insured shall not be regarded as lost or damaged solely by virtue of the
existence of any defect in design, plan, specification, materials or
workmanship in the property insured or part thereof.
158
d) Defective part exclusion DE 4
This policy excludes loss of or damage to and the cost necessary to replace,
repair or rectify
Exclusion (i) above shall not apply to other parts or items of property
insured which are free from defect but are damaged in consequence thereof
For the purpose of the policy & not merely this exclusion the property
insured shall not be regarded as lost or damaged solely by virtue of the
existence of any defect in design, plan, specification, materials or
workmanship in the property insured or part thereof.
But should damage to the property insured (other than damage as defined in
(ii) above) result from such a defect this exclusion shall be limited to the
cost of additional work resulting from improvement to the original design,
plan, specification, materials or workmanship
For the purpose of the policy & not merely this exclusion the property
insured shall not be regarded as lost or damaged solely by virtue of the
existence of any defect in design, plan, specification, materials or
workmanship in the property insured or part thereof.
159
• DE 1 This is an outright exclusion clause and cover will not be
provided for any damage to the building or the wall or for
anything else damaged in consequence of the failure.
• DE 2 Under the policy this clause excludes the cost of repairing
everything including those parts which rely for their support on
the defective part. In this particular case the cost of repairing
anything on the buildings excluded but the free-standing wall is
covered as it is the “remainder of the property insured”
• DE 3 This is perhaps the most common wording. In this case cover will
be given for ‘the remainder of the property insured. If the
building collapses Insurers will pay for the walls, cladding and the
roof. The steel frame and bolts are specifically excluded as these
form an integral structural element in their own right.
• DE 4 In this particular case Insurers will pay for everything with
the exception of the bolts which were defective in the first
place.
160
Test Yourself 1
I. Civil Works
II. Airfreight
III. Cross liability
IV. Escalation
161
B. Framing construction phase insurance programme for a project
1. Introduction
The proposal form individually prescribed for each class of construction phase
insurance relates to information required for specific policies. The list of items
discussed in the following paragraphs broadly covers all the measure headings
under which information would be required by an underwriter for making
decisions on:
a) Acceptance of risks,
b) Type of insurance including scope of cover
c) Rates, terms and conditions
d) Retention
e) Reinsurance
a) Contract
162
b) Third party
e) Lists of critical items with lead time (i.e. with maximum replacements
times including manufacture, installation and commissioning) and
probable country of source
f) Details of:
Upstream dependencies
Downstream dependencies critical to schedule
List of utility supplies to the project
Critical items
Upstream/downstream dependencies
Utilities
Extent to which project can partially operate
j) Indemnity period
163
l) Penalties
b) Origin of:
General cargo
Critical items
Import cargo
Critical items
Local items
d) Full details of how the bulk of cargo will arrive at project site
e) Limits of liability:
Test Yourself 2
The proposal form individually prescribed for each class of construction phase
insurance relates to information required for specific policies. In case of an EAR
policy, the details of surrounding property will be included under which section?
I. Contract section
II. Third Party section
III. Construction Plant and Machinery section
IV. Claim section
164
Summary
b) Endorsement regarding Cross Liability Cover: the Third Party Liability Cover
of the policy shall apply to the insured parties named in the Schedule as if a
separate policy had been issued to each party.
h) Special Conditions for Open Trenches During Laying of Pipelines Ducts and
Cables: Insurers will indemnify the insured for any loss or damage due to
storm, rainfall, flood, inundation such as sanding, silting up, mudding up,
erosion, collapse and floating up of pipes, ducts or cables, sustained by
completely or partly excavated open trenches and / or items laid therein,
upto a maximum length of ____ km open trench only one loss event.
165
i) Design Defect Exclusion Wordings: Five sets of Endorsement wordings are
available from the London Market for the Defect Exclusion (D.E.) Wordings.
k) The below list broadly covers all the major headings under which
information would be required by an underwriter for making decisions on:
i. Acceptance of risks
ii. Type of insurance including scope of cover
iii. Rates, terms and conditions
iv. Retention
v. Reinsurance
166
Answers to Test Yourself
Answer 1
Answer 2
In an EAR policy, the details of the surrounding property will be included under
the Third Party section.
Self-Examination Questions
Question 1
In an endorsement regarding air freight, each and every claim shall be subject
to a minimum excess of _______ of the admissible Air Freight incurred over and
above the excess as applicable under the policy.
I. 1%
II. 5%
III. 10%
IV. 20%
Question 2
I. 1%
II. 5%
III. 10%
IV. 20%
167
Question 3
I. 12 months
II. 18 months
III. 24 months
IV. 30 months
Question 4
I. Rs. 100000/-
II. Rs. 250000/-
III. Rs. 500000/-
IV. Rs. 750000/-
Question 5
The first wording DE-1 relates to outright exclusion of ‘design defect’ damages
and corresponds to the standard _________, whereas DE-3 corresponds to
standard ________.
168
Answers to Self-Examination Questions
Answer 1
In an endorsement regarding air freight, each and every claim shall be subject
to a minimum excess of 5% of the admissible Air Freight incurred over and above
the excess as applicable under the policy.
Answer 2
Answer 3
Answer 4
Answer 5
The first wording DE-1 relates to outright exclusion of ‘design defect’ damages
and corresponds to the standard CAR policy, whereas DE-3 corresponds to
standard EAR policy.
169
CHAPTER 11
MACHINERY INSURANCE
Chapter Introduction
Learning Outcomes
A. Machinery insurance
B. Important provisions under Machinery insurance
170
Look at this scenario
A US based paper and pulp making factory suffered huge loss of USD 6.5 million
as one of its paper making machine became non-operational for 15 days. One of
a guide roll in the drying section of the paper machine broke which caused
serious damage to drying cylinders and frame of the paper machine.
It took 8 days to repair the machine during which machine was totally non-
operational and additional 7 days were lost in installation of new drying
cylinders and guide roll.
Such incidences in the factories emphasis the need for Machinery insurance
cover which provides protection to factories against cost of repairs or
replacement as a result of machinery breakdown.
A. Machinery insurance
1. Introduction
171
2. Scope of insurance
a) Electrical
Example
b) Mechanical
Example
i. Faulty material,
ii. Faulty design,
iii. Faulty casting,
iv. Construction or installation,
v. Vibration,
vi. Maladjustment,
vii. Malalignment,
viii. Defective lubrication,
ix. Loosening of parts,
x. Abnormal stress,
172
xi. Molecular fatigue,
xii. Self heating,
xiii. Centrifugal force,
xiv. Explosion due to external pressure or internal vaccum,
xv. Failure of connected machinery or protective devices,
xvi. Defective lubrication etc.
c) External
Example
i. Lack of skill,
ii. Carelessness or malice of persons whether in the insured’s employ or
not,
iii. Obstruction or entry of foreign bodies,
iv. Falling impact,
v. Collision, etc.
a) Boilers
b) Electrical equipments
c) Mechanical plant
d) Lifting equipment
173
4. Underwriting features
a) Driving machinery
Broadly speaking the most eligible risks for Machinery Insurance are units of
power generating machines and prime movers. These types of machines are
found in many industries. Their common characteristics, from an insurance
point of view are that they are substantially same in design and construction
irrespective of the industry in which they are used.
b) Process machinery
ii. Working conditions are often tougher; overloading shocks occur due to
uneven loads or unskilled operators, the materials undergoing processing
and foreign bodies entering the plant with such materials are frequently
causes of the breakdown.
174
iv. Less care and maintenance is normally applied on process machinery
although these are generally operated in damp and or corrosive
atmosphere.
vi. Caution is necessary in selecting process machinery for insurance and the
past experience of breakdown should be carefully investigated.
c) Hazardous risks
Machinery of all types (power plants, independent units and process) under
the following category is generally considered as hazardous:
i. In brick works , quarries and mines (above and below ground) or used by
builders and other contractors , e.g. tractors ,dumpers bulldozers,
excavators and other earthmoving equipments.
iii. Used underground or installed in any vehicles, air craft or water borne
vessels.
iv. Operating in remote situation with no facilities nearby for repairs and
replacement
5. Principal exceptions
The policy does not cover damage due to fire, lightning, explosion (other
than disruption of turbines, compressors, etc. or other items subject to
internal pressure)., theft, collapse of buildings, subsidence, landslide, water
which escapes from water containing apparatus, flood, inundation, storm,
tempest, earthquake, volcano or other Acts of God and impact with vehicles
or aircraft damage including articles dropped from aircrafts or other aerial
device.
175
b) Damage to machinery caused by electrical fire
c) Explosion
Whilst these are occurrences which fall within the term “explosion” they
nevertheless constitute “breakdown” accident as contemplated by the
Machinery Insurance Policy. Otherwise, explosion risk is excluded from the
Machinery Insurance Policy because it is covered under a Fire insurance
policy.
6. Other exceptions
a) Damage occasioned by war and civil war (uninsurable) or riot, strike and
kindred risks (matter for the fire policy), or nuclear risks (uninsurable).
The intention of this exception is simply to exclude the actual wastage, wear or
deterioration but not sudden and unforeseen damage to other parts resulting
there from. In other words the parts immediately affected by wear and tear are
excluded, but damage to other parts of the items insured is covered.
176
d) Loss or damage caused by the willful act or gross negligence on the part
of the Insured or his responsible representatives.
h) Exchangeable parts and tools such as belts, ropes, chains, dies, moulds,
blades, cutters, knives, engraved cylinders, engraved rolls and similar
other parts including all objects not made of metal (except insulation of
electrical conductors).
Sum insured of each individual item must represent its new replacement value
including
The current market value is not a suitable value, as it constantly changes, and
different valuation criteria and methods are possible.
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
gets reduced in such proportion as the sum insured bears to the amount
required to be insured. This condition applies separately for each and every
item.
The sum insured should represent the replacement value throughout currency of
the policy and problems of inflation should be borne in mind. For this purpose
the sums insured should be reviewed at frequent intervals and, if possible,
value should be linked to an acceptable index showing fluctuation in prices.
177
8. Basis of indemnification
In cases where the damage can be repaired, the basis of indemnification is the
cost of restoration to working order based on the customary daily rates together
with normal freight, erection cost and other duties and taxes.
Where the insured item is totally destroyed or is a constructive total loss the
basis of indemnification is market value of the item immediately before the
accident plus cost of removing the damaged machinery less value of salvage.
Any extra charges incurred towards repairs, such as express freight, air-freight,
overtime and holiday rates of wages are payable only if special provision for
these items has been made in the policy in consideration of which an additional
premium is charged. All costs of alterations, additions, improvements are to be
borne by the insured
All the forgoing points are still subject to the comments contained under “Sum
Insured and Average”.
The insurers keep the option that they may repair, replace or reinstate any
property lost or damaged or pay in cash the amount payable.
9. Excess
The insurance is subject to an excess on each and every claim. This eliminates
small claims which are costly and troublesome to handle and as such this is of
benefit to both the parties. As far as the insurer is concerned this is a useful aid
to check the increasing claims costs.
The amount of the excess should be sufficient to eliminate the cost of repairing
routine minor accidents. The excesses like the sums insured, should preferably
be reviewed annually. With the escalation in the price of plant and machinery it
is essential that the amount of the excess is also kept updated.
178
Higher excesses are recognised by reductions in the premium as many insured’s
may not require cover against small losses which the can account for in the
normal course of business.
Test Yourself 1
All mechanical and electrical parts of any steam turbine, gas turbine, water
turbine generators shall be inspected and overhauled thoroughly under the
supervision of Maker’s representative, or any competent agency in the field
in a completely opened up state as per manufacturer’s recommendations
but in no case later than completion of 32000hours of operation or four
years whichever is earlier.
The insured shall take all reasonable steps to maintain the insured property
in efficient working order and to ensure that no item is habitually or
intentionally overloaded.
The insurance company officials shall at all reasonable times have the right
to inspect and examine any property insured and the insured shall provide
179
the insurer with all details and information necessary for the assessment of
the risk.
In the event of any occurrence which might give rise to a claim under this
policy the insured shall:
iii. Preserve the damage or defective parts and make them available for
inspection by an official or surveyor of the company.
iv. Furnish all such information and documentary evidence as the company
may require.
The insurer shall not be liable for any loss or damage of which no notice and
completed claim form have been received by the insurer within fourteen
days of its occurrence.
180
d) Position after a claim
The insured shall not be entitled to abandon any property to the insurer
whether taken possession of by the insurer not.
As from the day of loss the Sum Insured for the remainder of the period of
insurance is reduced by the amount of compensation. To prevent under-
insurance during the remainder of the current period of insurance the
amount insured must be reinstated.
The reinstatement premium will be calculated pro-rata from the day the
repaired item is again put to work. For subsequent periods of insurance the
original indemnity and premium are again in force unless circumstances
justify an alteration.
e) Technical control
Acceptance of Machinery Insurance risks are usually subject to a satisfactory
Inspection Report. The inspections should be arranged not only at the
inception but also at all subsequent renewals.
The inspection is carried out in order to assess the environment in which the
machinery works, the standard of maintenance and supervision and the
general housekeeping at the premises. The most important factor is the
general condition of the item proposed for insurance including its past
claims history.
f) Claims control
The policy condition clearly lays down the procedure to be followed by an
insured in the event of damage to insured machinery. It would be desirable
to obtain a claim form duly completed and signed and to check that both
the item and the risk involved are insured under the policy.
A qualified engineer surveyor is generally deputed to assess the loss who will
then:
Reinstatement of the sum insured after a claim should be kept in mind and
the insured’s agreement may be sought to issue the necessary endorsement
while preparing to settle the claim proceeds.
Any recommendations made by the loss adjuster to improve the risk features
should be suitably conveyed to the insured for implementation. The insurer
has also to look into the aspect of revisions in terms of cover, if required, to
continue coverage.
While deciding rates, terms and conditions for Machinery Insurance risks, the
following points must be kept in mind:
Table 1.1
Stand-by /
This ensures that the machine will be intermittently used and
spare working
an alternate machine is available in the event of an accident
machines
Generally items of machinery manufactured by reputed firms
Makers
present a better risk.
182
It is also to be examined whether the item can be easily
Obsolete replaced in this country in the event of a total loss. It is not
model un-common to find that a relatively minor damage to such
equipment leads to a constructive total loss settlement.
Loss A poor loss experience over past few years would result in
experience higher premium and/or restricted conditions of cover.
Statutory and
other Such inspections serve the purpose of ensuring that all is well
inspection with the items proposed for insurance.
reports
Selection of higher excess amount qualifies for discounts in
Higher Excess
premium.
h) Rating factors
The trend in recent years has shown that more and more insured’s are
looking for “All Risks” cover to avoid / minimise gaps in cover and
overlapping cover that may occur when separate policies are issued for Fire,
Machinery Breakdown, Fire and Machinery LOP.
The Industrial All Risks (IAR) insurance policy in the Indian market is a way
forward in this direction. IAR combines the perils of fire, machinery
breakdown, fire loss of profits and theft/burglary; machinery loss of profits
being an optional cover. The policy is well suited for industrial occupancies,
where fire and allied perils are the predominant risk exposures.
Nevertheless, with the demands in the international markets for an All Risks
cover for machinery breakdown as predominant peril, Munich Reinsurance
Company has developed the new Comprehensive Machinery Insurance (CMI)
policy. This policy is described in Chapter 18.
183
Test Yourself 2
I. The insurer shall be liable for any loss or damage of which notice has been
received by the insurer after fourteen days of its occurrence.
II. The liability of the insurer in respect of any item of property sustaining
damage, for which indemnity is provided, shall cease if the said item is kept
in operation without being repaired.
III. The insured shall not be entitled to abandon any property to the insurer
whether taken possession of by the insurer not.
IV. The insurance company officials shall at all reasonable times have the right
to inspect and examine any property insured
184
Summary
b) Most eligible risks for Machinery Insurance are units of power generating
machines and prime movers. Their common characteristics from an
insurance point of view are that they are substantially the same in design
and construction, irrespective of the industry in which they are used.
d) Machine insurance policy does not cover damage due to fire, lightning,
explosion theft, collapse of buildings, subsidence, landslide, water which
escapes from water containing apparatus, flood, inundation, storm,
tempest, earthquake, volcano or other Acts of God.
g) In the event of any occurrence which might give rise to a claim under this
policy, the insured shall immediately notify the company by telephone or
telegram as well as in writing, giving an indication as to the nature and
extent of loss or damage.
h) The insurer shall not be liable for any loss or damage of which no notice and
completed claim form have been received by the insurer within fourteen
days of its occurrence.
185
Answers to Test Yourself
Answer 1
The amount of the excess should be sufficient to eliminate the cost of repairing
routine minor accidents
Answer 2
The insurer shall not be liable for any loss or damage of which no have been
received by the insurer within fourteen days of its occurrence. Hence, option I
is incorrect.
Self-Examination Questions
Question 1
Which of the following machinery involves new and untried features and is of
unproved operational reliability?
I. Driving machinery
II. Process machinery
III. Electrical machinery
IV. Lifting equipment
Question 2
I. Driving machinery
II. Process machinery
III. Electrical machinery
IV. Lifting equipment
186
Question 3
I. If the value of one item or part thereof is increased by repairs, the liability
of insurers is reduced by the amount of such increase.
II. If the repairs are carried out at a workshop owned by the insured, the
insured will pay cost of materials and wages plus a reasonable percentage to
cover overhead charges.
III. Where the insured item is totally destroyed or is a constructive total loss,
the basis of indemnification is the market value of the item immediately
before the accident plus cost of removing the damaged machinery less value
of salvage.
IV. An insured item is regarded as totally destroyed if the repair cost as
described equals or exceeds its value immediately before the accident.
Question 4
Question 5
I. The insured shall not be entitled to abandon any property to the insurer
whether taken possession of by the insurer not.
II. To prevent under-insurance during the remainder of the current period of
insurance, the amount insured must be reinstated.
III. The reinstatement premium will be calculated pro-rata from the day the
repaired item is again put to work.
IV. For subsequent periods of insurance, the original indemnity and premium to
be revised even if circumstances do not justify an alteration.
187
Answers to Self-Examination Questions
Answer 1
Answer 2
Answer 3
If the repairs are carried out at a workshop owned by the insured, the insurer
will pay cost of materials and wages plus a reasonable percentage to cover
overhead charges. Hence option II is incorrect.
Answer 4
Answer 5
For subsequent periods of insurance, the original indemnity and premium are
again in force unless circumstances justify an alteration. Hence, option IV is
incorrect.
188
CHAPTER 12
Chapter Introduction
Boilers and pressure plants are used for various processes and for driving
machinery in different industries. Any damage to boiler or pressure plant can
lead to serious financial consequences.
In this chapter, we will discuss in detail the importance of Boiler and Pressure
Plant insurance policies which can be used to prevent financial disasters.
Learning Outcomes
In one of the incidents, while transferring operational mode from one boiler to
another, the operator forgot to change the feed pump of the control system
attached to the particular boiler. As a result pump failed to start as the water
level became low and; low level water safety device failed to shut down the
plant. As the boiler got overheated due to lack of feed water, fire tube of the
boiler got cracked.
The damage resulted into USD 3.5 million losses to ABC Brewing Company. To
avoid such huge financial losses, companies that uses boilers for different
process purpose, should purchase boilers and pressure plant insurance which
covers the loss that occurs due to damage to the boiler.
189
A. Boilers and pressure plant insurance
1. Introduction
Boilers generate steam at pressure and pressure plants include other vessels
under steam gas, or fluid pressure. Both these together form an important
system which is used for process purposes in industries e.g. paper mills, cotton
mills, fertilisers, petrochemicals etc; or for driving machinery e.g. turbines for
generation of electricity in Thermal power plants.
The result of major boiler / pressure plant explosion can be quite disastrous;
not only does it result in wrecking the boiler plant and the property in the
vicinity, it can also give rise to personal injuries and damage to property of
Third Parties.
Historically, increasing use of steam for steam for industrial purposes and
resultant explosions in boilers led to the introduction of Boiler Explosion
insurance policy aimed at specifically insuring the boilers against risks of
explosion and/or collapse.
2. Scope of insurance
The Boiler and pressure Plant Insurance policy covers insured boilers and
pressure vessels (both fixed and unfixed) against the risk of ‘explosion’ and
‘collapse’ and indemnifies the insured against:
c) Liability for Third Party Property Damage and / or fatal or non / fatal
personal injuries.
Liability towards employees for death or bodily injury arising out of and in the
course of employment is excluded.
190
3. Definitions
The following definitions are given in the standard Boiler and Pressure Plant
Insurance Policy:
b) “pressure plant” shall mean any unfired closed container under steam,
gas, or fluid pressure.
4. Explosion
Explosions can be broadly classified under two categories for the purpose of
Insurance Covers:
Chemical Explosions
Physical Explosions
a) Chemical explosions
191
such explosions are classified under the general category of ‘Chemical
Explosions’.
From the insurance concept, these explosions are considered as very rapid
form of combustion. The speed and acceleration of such combustion is so
high that the products of combustion liberated are incapable of withholding
the energy generated and the release of uncontrolled energy in this fashion
causes extensive damages.
The following damages caused by explosion are covered under Fire Policy:
b) Physical explosions
The cover under Fire policy however excludes damages to all steam
generators or boiler plants arising out of their own explosions. It would thus
be seen that separate Boiler Explosion insurance policy would be required in
respect of steam generating plants or boilers.
The Policy does not cover loss or damage caused by fire (arising from
whatever cause) lightning, theft, collapse of buildings, subsidence,
landslide, rockslide, water escaping from water containing apparatus,
192
inundation, earthquake, storm, tempest or other Acts of God, impact with
vehicles of any kind, aircraft and / or aerial devices including articles
dropped there from.
The list of excluded perils does not require elaboration. The reason they are
not covered is that most of these should be conveniently insured under a
Fire Policy.
The basic cover under the Boiler Policy is explosion or collapse resulting
from its own internal working.
Note: The risk of external explosion (taking place elsewhere in the vicinity)
affecting the boiler is covered under a fire policy. This will be clear from
the operative clause of the fire policy which covers, among other risks,
explosion / implosion but excludes loss or damage to
d) Loss or damage due to chemical explosion (other than flue gas explosion)
The other exclusions are the same as under Machinery insurance and
relate to gradually developing flaws, overload experiments, wear and
tear, existing defects, willful negligence, manufacturers or supplier’s
responsibility, loss of use, war and kindred risks.
6. Warranties
a) The Boiler and Pressure Plant described in the Schedule are annually
inspected by Inspectors appointed by the appropriate Government
Authorities except where there is not statutory requirement for
Government inspection is to be carried out by an independent
competent person.
b) The Boiler and pressure Plant described in the Schedule shall only be
operated by Attendants holding a valid certificate of competency issued
under the appropriate Boiler Act.
193
c) The insured shall be in possession of the unqualified permission in
writing of the competent inspecting authority to operate the said Boiler
and Pressure Plant.
As for machinery insurance, the sum insured should represent the new
replacement value of the plant which is inclusive of freight and customs duties,
if any, and erection cost. Each item of the plant insured is separately subject to
pro-rata average.
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
gets reduced in such proportion as the sum insured bears to the amount
required to be insured. This condition applies separately for each and every
item
It should also further be remembered that each individual boiler and its
auxiliaries should be separately described in the schedule and the individual
new replacement value of each item separately mentioned.
The sums insured in respect of the insured’s own surrounding property damage
and Third Party Liability may be fixed separately on a “first loss” basis having
regard to the exposure involved. The condition of pro-rata average does not
apply.
The surrounding property section and the Third Party section being on “first
loss” basis, all claims arising under these headings will be assessed and settled
up to the amount of the loss not exceeding the Sum Insured without deduction
for Average.
8. Basis of indemnification
194
9. Excess
a) The pressure or load on the safety valves of the plant insured shall not
exceed the maximum specified in the schedule or the permissible
pressure as set out in the report on the last inspection whichever is
lower.
b) Any alteration of fuel used for the plant must be notified to the company
and additional premium paid if required.
Test Yourself 1
I. Boiler
II. Pressure plant
III. Container
IV. Tanker
195
B. Important provisions in boiler and pressure plant insurance
The insured shall take all reasonable steps to maintain the insured property in
efficient working order and to ensure that no item is habitually or intentionally
overloaded. The insured shall fully observe the manufacturer’s instructions for
operating, inspections and overhaul, as well as Govt., Statutory, Municipal and
all other binding regulations in force concerning the operation and maintenance
of the insured plant and machinery.
The insurance company officials shall at all reasonable times have the right to
inspect and examine any property insured and the insured shall provide the
insurer with all details and information necessary for the assessment of the risk.
The report of the insurance company official shall be treated as strictly
confidential by both the insurer and the insured.
iii. Departure from prescribed operating conditions, whereby the risk of loss
or damage increases.
In the event of any occurrence which might give rise to a claim under this policy
the insured shall:
ii. Take all reasonable steps within his power to minimise the extent of the
loss or damages or liability.
iii. Preserve the damage or defective parts and make them available for
inspection by an official or surveyor of the company.
196
iv. Furnish all such information and documentary evidence as the company
may require.
The company shall not be liable for any loss or damage of which no notice and
completed claim form have been received by the company within fourteen days
of its occurrence.
The liability of the insurer in respect of any item of property sustaining damage,
for which indemnity is provided shall cease if the said item is kept in operation
without being repaired.
The insured shall not be entitled to abandon any property to the insurer
whether taken possession of by the insurer not.
As from the day of loss the Sum Insured for the remainder of the period of
insurance is reduced by the amount of compensation. To prevent under-
insurance during the remainder of the current period of insurance the amount
insured must be reinstated.
The reinstatement premium will be calculated pro-rata from the day the
repaired item is again put to work. For subsequent periods of insurance the
original indemnity and premium are again in force unless circumstances justify
an alteration.
The proposal form elicits full information of the plant to be insured, in addition
to the other usual details.
197
The underwriting considerations for Boiler and Pressure Plant Insurance Policy
are:
The basic rates of premium depend upon the type of boiler, type of fuel and
age. Additional premium is charged for boilers not certified by the Boiler
Inspectorate and for over-age. A percentage of the basic rate is charged for
surrounding property and third party liability.
6.Technical Control
Before any risk can be accepted it must be ensured that the plant is periodically
inspected by a competent authority and cover can be granted subject to
existence of a valid certificate issued by the Govt. Inspector of Boilers, as per
Indian Boiler Act 1923.
Inspection of other pressure plants not falling within the purview of the Boiler
Act can be carried out by competent independent engineers.
7. Claims
The procedure is the same as under Machinery Insurance policy. The special
aspects that need attention are:
198
ii. Whether the warranties have been complied with.
8. Claims Control
Generally, claims are for substantial amounts and require great care during
investigation and negotiation. It is necessary to investigate the cause of the
damage and ascertain whether the claim falls under the policy definitions of
Explosion or Collapse.
Test Yourself 2
I. The basic rates of premium depend upon the use of boiler, its maker and
cost.
II. Additional premium is charged for boilers not certified by the Boiler
Inspector
III. In case of over-aged boilers, additional premium is charged
IV. A percentage of the basic rate is charged for surrounding property and third
party liability.
199
Summary
a) The Boiler and Pressure Plant Insurance policy covers insured boilers and
pressure vessels (both fixed and unfixed) against the risk of ‘explosion’ and
‘collapse’.
b) Boiler shall mean any fired closed vessel or a combined container piping
system in which steam is generated under pressure.
c) Pressure Plant shall mean any unfired closed container under steam, gas, or
fluid pressure.
d) Explosion means the sudden and violent rendering or tearing apart of the
permanent structure of a boiler or pressure plant or any part or parts
thereof by force of internal steam, gas or fluid pressure causing bodily
displacement of the said structure and accompanied by the forcible
ejectment of its contents.
e) Collapse means the sudden and dangerous distortion of any part of a boiler
or pressure plant by bending or crushing caused by steam, gas or fluid
pressure whether attended by rupture or not.
f) Explosions that are in some form or other, connected with or originate from
ignition are covered under Fire Insurance Policy.
g) Boiler should be insured under Boiler Explosion policy to cover risk of its own
explosion and also under Fire policy to cover risk of explosion taking place
elsewhere in the vicinity and affecting the boiler.
h) The basic rates of premium depend upon the type of boiler, type of fuel and
age. Additional premium is charged for boilers not certified by the Boiler
Inspectorate and for over-age.
i) Before any risk can be accepted, it must be ensured that the plant is
periodically inspected by a competent authority and cover can be granted
subject to existence of a valid certificate issued by the Govt. Inspector of
Boilers, as per the Indian Boiler Act 1923.
200
Answers to Test Yourself
Answer 1
Answer 2
The basic rates of premium depend upon the type of boiler, type of fuel and
age. Hence, option I is incorrect.
Self-Examination Questions
Question 1
I. Boiler
II. Pressure plant
III. Container
IV. Tanker
Question 2
I. Explosion
II. Collapse
III. Eruption
IV. Inundation
Question 3
Which of the following damages are not covered under Fire insurance policy?
Question 4
Question 5
___________ means the sudden and dangerous distortion of any part of a boiler
or pressure plant by bending or crushing caused by steam, gas or fluid pressure.
I. Explosion
II. Collapse
III. Eruption
IV. Inundation
Answer 1
Answer 2
Answer 3
Damage caused by explosion due to fluid pressure is not covered under fire
insurance policy.
202
Answer 4
Answer 5
Collapse means the sudden and dangerous distortion of any part of a boiler or
pressure plant by bending or crushing caused by steam, gas or fluid pressure.
203
CHAPTER 13
Chapter Introduction
Hence, in this chapter, we will discuss in detail about the various features and
importance of MLOP.
Learning Outcomes
204
A. Introduction to machinery loss of profits insurance
1. The Need
The insurance available for protecting the financial impacts of any interruptions
in the business are termed as:
Engineering insurance caters to the needs for such a policy in the following
circumstances:
With the impacts of the above, the manufacturer would not only be unable to
make the profit which he had hitherto been making, but there would also be
several continuing expenses to meet although the business was no longer
earning the money to pay them. Such continuing expenses are referred to as
“Standing Charges”.
205
In the event of breakdown of or accident to a vital part of manufacturing plant,
the actual damage to the machinery could be small but the loss sustained
through inability to manufacture might be heavy.
These losses are covered under Machinery Loss of Profits Policy (MLOP). In fire
insurance, this policy was earlier known as Consequential Loss policy, however
in recent times, the American term ‘Business Interruption Insurance’ is
popular.
It is not necessary that all the items of plants equipments at the Insured’s
factory should be covered under the MLOP Policy.
The insured is allowed to select those key items of the plant where stoppage
would seriously interrupt the business, e.g., Steam boiler, turbo alternators,
transformers, major process machinery and so forth.
The insured machinery is listed in the policy schedule. In this respect practice
followed for MLOP Insurance differs from that of Fire LOP Insurance.
Like the Fire LOP, the MLOP policy is meant to cover business interruption loss
as a consequence of an insured material damage loss.
Like the Fire LOP Policy there is also a condition under the Machinery LOP Policy
that a claim must first be admitted under the concurrent material damage (i.e.
Machinery and / or Boiler) Insurance Policy before a claim becomes admissible
under the Machinery LOP Policy.
4. Scope of insurance
“If during the period of Insurance any machinery or other apparatus described
in the Schedule and used by the Insured at the premises stated in the Schedule
for the purpose of the Insured’s business, be affected by an “ACCIDENT” as
206
defined hereinafter and the Insured’s business carried on by the Insured at the
premises be in inevitable consequence thereof interrupted or interfered with,
the Company will pay to the Insured the amount of loss resulting from such
interruption or interference as defined herein or endorsed hereon.”
The insured business is described in the Schedule of the policy and losses are
insured only in respect of the business described. Where business of a diverse
nature is to be insured, it is essential that they be properly described.
If some part only of some business is to be insured, then this must be made
clear at time of effecting the policy.
Definitions
a) Accident
b) Gross profits
The sum produced by adding to the Net Profit the amount of the insured
standing charges as per list attached or if there be no Net Profit the amount
of the standing charges less such a proportion of any net trading loss as the
amount of the insured standing charges bears to all the standing charges of
the Business.
c) Net profit
The net trading profits (exclusive of all capital receipts and accretions and
all outlay properly chargeable to capital) resulting from the Business of the
insured at the Premises after due provisions have been made for all Standing
and other charges including depreciation, but before deduction of any tax
on profits.
207
d) Turnover
The money (less discount allowed) paid or payable to the insured for goods
sold or services rendered in course of the Business at the Premises.
e) Output
It’s a measure in terms of unit of production e.g. No. of T.V. sets, tons of
paper, etc.
The period beginning with the occurrence of the Accident and ending not
later than the number of months mentioned in the Schedule, during which
the results of the business shall be affected in consequence of the Accident
provided always that the insurer shall not be liable for the amount of the
loss arising during the number of working days (Time Exclusion) mentioned
in the Schedule immediately following the occurrence of the Accident.
In other words, the indemnity period commences on the date of accident and
terminates when production reaches normal level existing at the time of the
occurrence of the insured peril or the expiry of the number of months selected
by the insured, whichever occurs earlier.
Standing charges have not been defined in the policy but these can be said to
be such charges which do not reduce proportionately with a reduction in
production following an accident.
These can also include such charges which could have been reduced but are
specifically desired to continue to be incurred in the overall interest of the
business. Hence, it is very essential for the insured client or the advisor to
understand the business revenue streams and appropriately include such
expenses under the head “standing charges” in order to explicitly cover the
same.
The insured has to decide which charges to insure or exclude according to the
particular circumstances of his business.
208
The expenses normally considered as Insurable Standing Charges are:
g) Insurance premium.
l) Heating, cooling, lighting and power charges other than for production
purposes (such as for administrative offices, staff colony, street lighting
in colony and factory and the like) including minimum charges. These
can be depreciation on capital assets such as buildings, plant and
machinery, furniture / fixtures / fittings, office equipments, motor
vehicles etc.,
209
s) Water charges other than for manufacturing purposes.
i. To all employees or
ii. To employees of specified categories or
iii. To the extent of a specified percentage of the total wages.
It must be noted that the list given above is not exhaustive but only indicative.
Nomenclature of heads of account will also differ from one company to the
other.
The Insured can choose to insure all his Standing Charges or only part of the
Standing Charges, in which case, the Standing Charges selected for insurance
must be specified by their title or name in accordance with the head of account
or nomenclature used in the insured’s accounts.
These will constitute the “Insured Standing Charges”. This would automatically
imply that there are some ‘uninsured standing charges’, which will not be taken
into account while working out the rate of Gross Profit at the time of loss.
“If any standing charges of the business be not insured then in computing the
amount recoverable as increase in cost of working that proportion only of the
additional expenditure shall be brought into account which the sum of the Net
Profit and the Insured Standing Charges bears to the sum of the Net Profit and
all the standing charges”
6. Exclusions
210
b) Exceptional events occurring during the period of interruption which
events are not amongst the perils insured by this policy or concurrent
machinery / boiler explosion insurance policy.
c) Loss of turnover due to import licenses being issued by the govt. To the
insured’s clients for the import of the products manufactured by the
insured or due to insured’s /clients obtaining supply of such products
from other sources.
e) The insured not having at his disposal sufficient capital for repairing or
replacing damaged or destroyed plant or machinery.
f) Alterations, improvements or overhauls being made while repairs or
replacements of the damaged or destroyed property are being carried
out.
Sum insured is the Gross Profit i.e. Net profit plus Standing Charges.
After the Gross Profit is worked out from the previous year’s financial results,
appropriate additions should be made to project the figures for the next
financial year during which the Policy will be in force.
There is a provision in the Policy for downward adjustment of the sum insured
up to 50% at the end of the policy period, if the sum proposed for insurance
exceeds the actual Gross Profit of the business, as ascertained from the
Insured’s audited account.
This enables the insured to take cover for a fairly high estimated projected
figure, and if the expectations do not fully materialise and the actual Gross
211
Profit turns out to be lower, the insured can get a refund up to 50% of the
premium originally paid.
If sum insured at time of a claim is found to be less than the amount required to
be insured, the condition of Average is applied to work out the extent of
underinsurance.
The Increased Cost of Working (ICOW), alternatively falls within the scope of
the policy. It relates to the additional expenditure on item of expenses such as:
8. Loss assessment
The method of computation of loss is provided in the policy itself and is similar
to the method in Fire Loss of Profits policy.
The rate of gross profit earned on the turnover / output during the financial
year immediately before the date of the damage.
The turnover/output during the twelve months immediately before the date
of damage.
The Turnover / Output during that period in the twelve months immediately
before the date of the damage which corresponds with the indemnity
period.
212
The computation of loss is based on the following figures and percentages
ascertained in sequence:
a) The rate of Gross profit based on turnover and gross profit figures of the
last audited financial accounts.
c) Reduction in turnover.
d) The rate of gross profit is applied on the reduction. This is the amount of
claim payable for reduction in turnover.
i. If any standing charges are not insured, then that proportion only of
the additional expenditure which the sum of the Net Profit and
insured standing charges bears to the sum of Net Profit and all
Standing Charges shall be payable.
ii. The additional expenditure cannot exceed the sum produced by
applying the rate of gross profit to the amount of reduction in
turnover avoided. In other words, additional expenditure cannot
exceed the gross profit earned by it. This is known as the economic
limit.
h) The amount of insured standing charges which are not incurred during
the indemnity period because of the damage. (Savings in insured
standing charges).
213
9. Auditor’s fees
In the vent of a claim under the policy it may be necessary for the Insured’s
auditors to produce a certificate of the figures which could be required in the
final computation of the claim.
The Auditor’s charges for his additional work can be insured under a separate
item and the sum insured should represent the estimated fees likely to be
charged.
10. Excess
Time Exclusion period is the Excess applicable under MLOP insurance policy. All
MLOP policies are subject to a minimum Excess. Since the MLOP loss is ‘Time
related’ i. e. the loss grows with time element, it generally expressed in
number of days.
This period commences with the Indemnity Period and indicates period after an
accident for which no payment is made under the policy.
As per the practice followed in India full annual premium on the declared sum
insured is collected at inception of policy period and the premium is adjusted at
the expiry of the policy period. Such adjustment is made to the extent of 50%
downwards depending on the actual gross profit achieved during the financial
year.
Test Yourself 1
Which of the following policy provides cover against business interruption loss as
a consequence of an insured machinery breakdown loss?
I. Fire LOP
II. ALOP
III. MLOP
IV. EAR
214
B. Risk assessment and underwriting considerations
1. Risk assessment
Since risks vary considerably between industry to industry it will also be useful
if a process description along with a process flow diagram can also be furnished
with the proposal. This will give the inspecting engineers an idea as to the
importance of each machine, by-passing and other arrangements available, etc.
The risk inspection report will among other things, provide the following
details.
a) Description of plant (including maker’s name)
Date of make
Work performed
b) Loss potential
Description
Proportion of production maintained
Time to put into effect and extra cost
iii. Estimates of repair time following major damage
Solidification of materials
Phased restarting etc.
215
d) In case of ‘Stand by’ equipment/machinery, the report should indicate
if they are available for immediate use and to what extent can they do
the work of the items which they replace.
d) The spare parts held by the insured for the plant and machinery, the
repair facilities available at the site and locally.
The age of the plant, make, country of origin, previous breakdown experience
and communication facilities to the work sit.
216
Example
a) Can the alternate working machines carry the load originally borne by the
machine which has failed?
b) Can the work be done at any other premises at an increased cost?
c) Can suitable replacement machines be hired temporarily?
The next point to look for is the availability of stand-by machinery and whether
such stand-by facilities are available for immediate use and if so, to what
extent can do work of the items which they replace.
a) Spare parts available with the insured (underwriters are not interested in
spares on consumables but on critical equipment )
b) Repair facilities available locally or otherwise,
c) Age of the machines, country of origin, possibilities of indigenous
replacements,
d) Nature and history of previous breakdowns and
e) Transportation and Communication facilities to the site
f) Effect of import and Foreign Exchange Regulations
Since risks may vary considerably between industry to industry, it will also be
important to examine the process description along with process flow diagrams.
This will enable the underwriter to understand the importance and contribution
of each machine to the profits / output and alternate modes of product
variation etc.
4. Claims control
217
Since the interruption loss increases with passage of time, immediate action is
most important in dealing with any claim under Engineering Loss of Profits
Policy.
The computation of actual loss sustained is more or less on the same lines as
that under a Fire Loss of Profits policy. Provision is made for saving during the
indemnity period in consequence of the accident. This is in conformity with the
principle of indemnity as otherwise the insured could gain from his misfortune.
5. Rating
Normally MLOP cover is granted only if the factory has completed at least one
year trouble free commercial production and claims experience under MI policy
is satisfactory.
Since the interruption loss is time related, utmost caution needs to be exercised
in adequate rates and time excess periods commensurate with the risk
exposure.
Certainly each MLOP proposal will require to be rated on its merit and the
business can not be a tool for competition on commercial considerations.
The current common practice is to obtain an MLOP cover within the Industrial
All Risks (IAR) policy without specifying the particular machinery. This provides
a wider cover. Normally the time deductible in MLOP varies from 14 days of
Standard Gross Profit to 45 days of Standard Gross Profit, depending on the type
of industry and class of machinery. For more customized covers, usually a higher
deductible is imposed by insurers.
Test Yourself 2
What is the minimum period for which a factory has to carry on trouble-free
commercial production before it can become eligible for MLOP cover?
I. Six months
II. One year
III. Three years
IV. Five years
218
Summary
c) The insured is allowed to select key items of the plant where stoppage
would seriously interrupt the business, e.g. Steam boiler, turbo alternators,
transformers, major process machinery and so forth.
e) In MLOP, the Sum insured is the Gross Profit i.e. Net profit plus Standing
Charges.
g) As per the practice followed in India, full annual premium on the declared
sum insured is collected at the inception of the policy period and the
premium is adjusted at the expiry of the policy period.
h) For underwriting, among other factors, it must be ensured that all the items
proposed for MLOP insurance are also covered against Machinery
Breakdown/ Boiler Explosion risks as appropriate with the same Insurer
under a material damage policy which must run concurrently with the LOP
policy.
i) Normally, MLOP cover is granted only if the factory has completed at least
one year of trouble free commercial production and claims experience
under MI policy is satisfactory.
219
Answers to Test Yourself
Answer 1
Answer 2
Self-Examination Questions
Question 1
In MLOP cover, the turnover during the twelve months immediately before the
date of damage is referred to as _____________.
I. Gross profit
II. Annual turnover
III. Standard turnover
IV. Net turnover
Question 2
I. Gross profit
II. Annual turnover
III. Standard turnover
IV. Actual turnover
Question 3
As per the practice followed in India in MLOP, how is the premium on the
declared sum insured collected by the insurance company?
Question 4
The Turnover / Output during the twelve months immediately before the date
of the damage which corresponds with the indemnity period is referred to as
_____________.
I. Gross profit
II. Annual turnover
III. Standard turnover
IV. Actual Turnover
Question 5
I. Sum insured is the Gross Profit i.e. Net profit plus Standing Charges.
II. Sum insured is the Net Profit i.e. Gross profit plus Standing Charges.
III. Sum insured is the Gross Profit i.e. Net profit less Standing Charges.
IV. Sum insured is the Net Profit i.e. Gross profit less net profit
221
Answers to Self-Examination Questions
Answer 1
In MLOP cover, the Turnover during the twelve months immediately before the
date of damage is referred to as Annual turnover.
Answer 2
Answer 3
As per the practice followed in India, full annual premium on the declared sum
insured is collected at the inception of the policy period.
Answer 4
The turnover / output during the twelve months immediately before the date of
the damage which corresponds with the indemnity period is referred to as
standard turnover.
Answer 5
Sum insured is the Gross Profit i.e. Net profit plus Standing Charges.
222
CHAPTER 14
Chapter Introduction
Learning Outcomes
223
A. Introduction to electronic equipment insurance
1. Introduction
The term equipment includes the entire computer system consisting of CPU,
Keyboards, monitors, printers, UPS, System Software etc. Thus, peripheral
equipment as well as auxiliary equipment such as air-conditioning, heating and
power conversion, etc. are also covered.
Example
The Electronic Equipment Insurance (EEI) policy is available to the owner as the
operator, lessor or the maintainer and the hirer.
2. Scope of cover
The Policy applies to the insured items only after successful completion of their
performance / acceptance test, whether they are at work or at rest or being
dismantled for the purpose of cleaning or overhauling or in the course of
aforesaid operations themselves or when being shifted within the premises or
during subsequent re-erection.
The EEI Policy offers cover on an ‘All Risks’ basis in three Sections as under:
The cover applies to any unforeseen and sudden physical loss or damage
from any causes, (other than those specifically excluded), in a manner
necessitating repair or replacement.
The Material Damage Section offers cover virtually on an “All Risks” basis,
and indemnifies the insured against any physical loss or damage due to the
following perils:
This Section of the EEI policy indemnifies the expenses incurred for the
purpose of restoring insured external data media, entered in the policy
Schedule including the expenses for reproducing lost data or information,
necessitated due to operation of a peril covered under Section-1.
This Section of the EEI policy indemnifies the additional costs which the
insured shall incur to ensure continued data processing on substitute
equipment, if such costs arise as an unavoidable consequence of an
indemnifiable loss or damage under Section 1.
3. Exclusions
225
ii. Loss or damage due nuclear reaction, radiation or radioactive
contamination
iii. Loss or damage due to willful act or willful negligence of the insured or
of his representative
iv. Cessation of work whether total or partial
v. Cost incurred/time involved in the movement of machinery and/or any
other property and/or personnel outside the territorial limits of India
other than the cost of delivery of replacements, for machinery lost or
damaged.
vi. Derangement of the Insured property not accompanied by damage
otherwise covered by this policy.
vii. Loss of or damage to the property covered under this policy falling under
the terms of the Maintenance Agreement.
viii. Loss destruction or damage directly occasioned by pressure wave caused
by aircraft and other serial devices travelling at Sonic or Supersonic
Speeds.
226
iii. Cost incurred for use of substitute equipment during the time excess
period.
The sum insured for Section 1-Material Damage should be equal to the cost of
replacement of the insured property by the new property of the same kind and
capacity i.e. its replacement cost including freight, dues and custom duties, if
any, and erection costs.
5. Maintenance warranty
The sum insured in this section should be the amount required for restoring
the insured external data media by replacing lost or damaged data media by
new material and reproducing lost information.
The indemnity under this section is on first loss basis and the condition of
“Average” does not apply.
b) Section 3: ICOW
If the indemnity limits selected “per hour’ is not found sufficient in the
event of a claim, the condition of “Average’ would apply.
227
6. Basis of indemnification
This Section of the policy indemnifies the expenses that can be proved to
have been incurred by the insured within 12 months as from the date of the
occurrence strictly for the purpose of restoring insured external data media
to a condition equivalent to that existing prior to the occurrence and
necessary for permitting data processing operations to be continued in the
normal manner.
c) Section – 3: Increased cost of working
This section indemnifies those costs and expenses, which can be proved to
have been incurred during the indemnity period to maintain data processing
operations to their previous extent, that are additional to those which
would have been incurred during the same period if no insured event –
indemnifiable under Section 1 – had occurred.
The total indemnity for event shall not exceed an amount equal to the
agreed indemnity limit per hour or the “actual hourly rate payable for the
use of substitute equipment” whichever is less, multiplied by the number of
working hours stated as “indemnity period” in the schedule or by the actual
number of working hours for which the substitute equipment is put into use,
whichever shall be less.
If the limit selected “per hour” is found to be less than the amount actually
incurred per hour the condition of “Average” will apply.
7. Excess
All the three Sections of the policy are subject to separate Excess prescribed in
the Schedule.
Section 1-Material Damage and Section 2- External Data Media are subject to
monetary excess amounts, whereas Section 3 – ICOW is subject to a Time
Excess.
228
Test Yourself 1
In EEI insurance, which of the following sections indemnify the insured against
any physical loss or damage to electronic equipment due to ‘Act of God’?
I. Section 1: Material damage
II. Section 2: External data media
III. Section 3: Increased cost of working (ICOW)
IV. All sections
229
B. Technical control and underwriting considerations
Particular attention should be paid to fire damage, water damage and malicious
damage potential. Also cover for only the equipment which has completed at
least three months trouble free operation should be granted. No cover is
therefore provided in respect of equipment which is not of order or not yet
commissioned.
In view of very high loss potential it is not the practice in India to grant cover
for Loss of Profits. Only in selected cases cover is granted against increased
costs of working subject to a fixed limit.
2. Rating
All the three sections of the EEI Policy are subject to separate rates and terms.
For Sections 1 and 2 a flat rate is prescribed, whereas for Section 3 i.e. ICOW,
the rate is linked with selected Time Exclusion period as well as the Indemnity
period selected. As per the erstwhile tariff provisions, a rate of 1% was
chargeable for equipment that’re under a manufacturers’ warranty and a rate
of 2% was chargeable for older equipment., however these rates have varied
very significantly in the recent times on account of detariffing.
a) Claims History for previous five years i.e. information on total number
of claims, details of all claims over Rs. 10000/-, total premium received
and claims paid and outstanding
230
b) Maintenance programme and Repairs facilities,
c) Good and adverse features and
d) Any other special information.
Test Yourself 2
For which of the following sections of EEI is the rate linked with selected Time
Exclusion period as well as the Indemnity period selected?
231
Summary
b) The EEI Policy applies to the insured items only after successful completion
of their performance / acceptance test, whether they are at work or at rest
or being dismantled for the purpose of cleaning or overhauling or in the
course of the aforesaid operations themselves or when being shifted within
the premises or during subsequent re-erection.
c) The Section 1 (Material Damage) offers to indemnify the insured against any
physical loss or damage due to different perils. Section 2 (External data
media) indemnifies the expenses incurred for the purpose of restoring
insured external data media entered in the policy Schedule. Section 3
(ICOW) indemnifies the insured against additional costs which the insured
shall incur to ensure continued data processing on substitute equipment.
d) The sum insured for Section 1 should be equal to the cost of replacement of
the insured property by the new property of the same kind and capacity,
whereas for Section 2, it should be the amount required for restoring the
insured external data media by replacing lost or damaged data media by
new material and reproducing lost information.
e) For Section 3, the insured needs to select the limits for the sum insured in
respect of the following: indemnity per hour, Indemnity per occurrence for
weeks, Aggregate indemnity limit during the period of insurance and
Expenses on transportation of materials.
f) Section 1-Material Damage and Section 2- External Data Media are subject to
monetary excess amounts, whereas Section 3 – ICOW is subject to a Time
Excess.
g) All the three sections of the EEI Policy are subject to separate rates and
terms. For Sections 1 and 2, a flat rate is prescribed, whereas for Section 3
i.e. ICOW, the rate is linked to selected Time Exclusion period as well as the
Indemnity period selected.
232
Answers to Test Yourself
Answer 1
Answer 2
In EEI insurance, Section 3: Increased Cost of Working (ICOW), the rate is linked
with selected Time Exclusion period as well as the Indemnity period selected.
Self-Examination Questions
Question 1
In EEI, which of the following sections indemnifies the insured against physical
loss or damage to electronic equipment due to faulty design of the equipment?
Question 2
In EEI, which of the following sections indemnifies the insured against expenses
for reproducing lost data or information?
Question 3
Which section(s) of the EEI policy indemnifies the additional costs which the
insured shall incur to ensure continued data processing on substitute
equipment?
233
III. Section 3: Increased cost of working (ICOW)
IV. All sections
Question 4
For which of the following sections of the EEI policy should the ‘sum insured’ be
equal to the cost of replacement of the insured property by the new property of
the same kind and capacity?
Question 5
Answer 1
Answer 2
In EEI, section 2: External data media indemnifies the insured against expenses
for reproducing lost data or information.
Answer 3
Section 3: Increased cost of working of the EEI policy indemnifies the additional
costs which the insured shall incur to ensure continued data processing on
substitute equipment.
234
Answer 4
The sum insured for Section 1-Material Damage should be equal to the cost of
replacement of the insured property by new property of the same kind and
capacity.
Answer 5
235
CHAPTER 15
Chapter Introduction
In this chapter, you will learn about the features of Deterioration of Stocks
(DOS) and Civil Engineering Completed Risks (CECR) Insurance policies.
Learning Outcomes
236
A. Deterioration of stocks (DOS) insurance
Although basic cover is the same in both cases, two different forms of insurance
protection are provided. These two different forms of cover will be discussed
separately in this chapter.
a) Scope of cover
237
the insured’s premises due to an accident by a peril insured under the
material damage i.e. Machinery Breakdown Policy.
b) Principal exclusions
The sum insured should represent the maximum value of stocks in the cold
store at any one time during the currency of the policy. This is very
necessary as these policies are subject to the condition of average. The
extent of under-insurance can easily be detected from the updated stock
register.
d) Basis of indemnification
e) Excess (self-insurance)
238
every claim, and this is clearly indicated in the policy. The excess should
preferably be fixed at a reasonably high level.
f) Technical control
Where several cold storages are connected to a single grid, the risk of
accumulation of losses due to failure of electricity supply cannot be ruled
out. Extreme care should, therefore, be taken before granting this
extension. It may be useful to check the records of the public supply
Authority, the transmissions lines serving the cold stores and to ascertain
whether the supply is through single or double feeder lines and how far they
travel from the sub-station to the cold stores.
239
iv. Checking of log books
The inspecting engineer will be interested in checking all the log books
maintained by the cold store owner with a view to ascertaining the
temperature readings on different dates, as well as the operating of the
refrigeration plant and machinery.
g) Underwriting considerations
ii. Log books are maintained showing the temperature reading at regular
intervals.
iii. Stock books are maintained containing proper record of all stocks in the
cold store date wise.
Each cold store should be rated on its merits as outlined earlier. At present
each insurance company follows own rating structure for cold storage
insurance (other than potato). It is reported that experience for this class of
business on a world wide basis has been adverse. Such policies are generally
issued on an annual basis.
This form of policy has been exclusively designed for potato stocks in cold
stores.
240
The cover afforded under this policy and the principal exclusions are almost
identical to the standard Deterioration of Stock insurance policy. In addition
there are certain extra conditions and warranties inserted in the policy
mainly in view of the nature of the stock being covered.
The sum insured under this policy should represent the value of the goods
obtained by multiplying the full storage capacity of the cold store as
declared by the insured by the average price of the goods at the time of
storage. This agreed price should also include the storage charges for the
entire season. The policies are subject to pro-rata condition of average.
c) Basis of indemnification
d) Excess
e) Technical control
i. Moral Hazard
In view of very high loss potential for this class of business also rigid
acceptance procedure has been introduced. Moral hazard of the proposal
plays an important role in this class more than any other branch of
engineering insurance.
241
iii. Pre-insurance inspection
According to the Rules and Regulations framed for acceptance and rating of
Potato Cold Stores Insurance, pre-insurance inspection is required before
every season / renewal. This pre-insurance inspection must be carried out
before coming on cover during the loading period which in any event should
be before 15th of April each year.
The inspecting Engineer must be clear and precise in giving his findings and
recommendations in respect of the plant/equipment, the condition of the
cold chambers and the temperatures maintained therein. The inspecting
Engineer is required to fill in the special reporting form on the spot.
In almost all cases frequent mid-term inspections of the cold store are
carried out by the competent Engineers, and the follow up measures found
necessary at the time of such inspections are taken. This is mainly to
prevent substantial claims being reported at the time of unloading of stocks
at the end of the season. Mid-term inspection might reveal if any stock has
been affected by deterioration and/or contamination and, if so, immediate
arrangements are to be made to segregate such affected stocks.
The cold store owner is also under an obligation to maintain a Log Book in
which recordings of temperature (both wet bulb and dry bulb readings),
humidity, section discharge and oil pressure of the various compressors
should be recorded at the four hourly intervals. This Log Book should be on
the form supplied by the insurance company.
f) Underwriting considerations
242
The facility allowed to insured for arranging a policy on declaration basis, is
however, different from that available under the normal deterioration of
stock insurance policy.
g) Claims control
Test Yourself 1
I. Rise in temperature
II. Fall in temperature
III. Rise or fall in temperature
IV. Constant temperature
243
B. Civil engineering completed risks (CECR) insurance
Roads
Dry docks
Runways
Overhead lines
Bridges
Transmission masts
Tunnels
Pipelines only if conveying non-combustible substances
Dams of all kinds
Irrigation systems
Canal systems
Water reservoirs
Harbours
Sewer systems
Note: The CECR policy will not compete with policies already existing, such as
the fire policy, nor will it replace such policies.
3. Scope of cover
The CECR policy is a named – perils policy. It covers the insured against any
unforeseen and sudden physical loss or damage necessitating repair or
replacement. Such loss or damage must be caused by the following perils:
The fact that fire, lightning and explosion are listed here as perils covered does
not contradict the introductory remarks, as conceivably an external fire may
cause damage to the property insured.
4. Exclusions
The exclusion of inadequate maintenance is to make clear that the CECR policy
does not exempt the insured from his responsibility for appropriate
maintenance and upkeep. The CECR policy cannot replace a suitable
maintenance schedule.
5. Sum insured
In accordance with the policy condition, the property must be insured at new
replacement value.
This means that the sum insured may not be less than the cost of replacement
of the insured items by new items of the same kind and capacity, inclusive of all
materials, wages, freight, etc. Otherwise, under-insurance will be applicable.
In order to receive full cover, the insured should include a realistic amount for
the removal of debris, such amount to be indicated separately in the policy.
245
6. Basis of indemnity
Cover is granted only for material damage to the property insured; only the
repair costs are indemnifiable. The increase in value connected with a repair
will not be debited to the insured i.e. in the case of partial losses, there is no
deduction new for old.
When determining the current value of a structure at the time of a loss, one
must apply the depreciation rates of comparable structures. In this context, the
service life of the property must be considered.
The determination of the service life depends above all on the type and scope
of normal maintenance work and on regular overhauls and repairs.
Under insurance is applied if the sum insured on the day of the loss does not
correspond to the new replacement value of the items insured.
The insurers remain fully liable even if the third party has caused the loss. In
such cases, the insured is reimbursed, but the insurers will try, wherever
possible, to recourse against the party that caused the loss, which often proves
to be difficult, tedious and costly.
7. Period
At each renewal, the sum insured must be reviewed and adjusted to the
increase in prices in the meantime. Furthermore, the age and condition of the
property insured should be taken into consideration.
8. Underwriting assessment
246
l) Did any special aggregations or damage occur during the construction
period?
Inspection reports should indicate whether or not the design and calculation
make adequate allowance for the hazards to be expected, such as storm,
inundation and earthquake. Due to advanced developments, the original design
may now prove faulty and inadequate, although it fully complied with the latest
technical standards at the time of construction.
Such a report should also include an estimate of the repair cost to be expected
for the maximum probable loss.
Special attention should be paid to the operating risk. In this context, the
following details are of importance:
Test Yourself 2
I. Modifications
II. Endorsements
III. New policy
IV. Addendums
247
Summary
a) Deterioration of Stock (DOS) Insurance or Stock Spoilage Insurance is issued
in two forms: potatoes and other than potatoes.
c) Principal exclusions are Acts of God, war, civil war, riot, strike and nuclear
risks, consequential loss, damage or liability.
d) Sum insured should represent the maximum value of stocks in the cold store
at any one time during the currency of the policy.
e) The liability of the insurer is normally limited to the market value of the
commodities immediately before the accident.
f) The policy is subject to a deductible excess in respect of each and every
claim.
g) Acceptance of this risk is made subject to receiving a satisfactory Technical
Inspection Report of an engineer.
Answer 1
Answer 2
Self-Examination Questions
Question 1
Question 2
Question 3
I. 24 hours
II. 48 hours
III. 3 days
IV. 7 days
Question 5
I. One year
II. Two years
III. Three years
IV. Four years
Answer 1
Answer 2
Answer 3
250
Answer 4
Answer 5
251
CHAPTER 16
REINSURANCE
Chapter Introduction
Learning Outcomes
252
A. Methods of arranging reinsurance in the engineering insurance
department
1. Introduction
With the aim of achieving a steady growth of business and its profitability over
the years the insurer must ensure that his business result do not show wide
fluctuations from year to year. An effective reinsurance programme can greatly
assist to ensure this.
Majority of the claims are small but the catastrophe risk is always present in
Engineering Insurance. In fact large losses do occur following accidents involving
pressure plant and machinery causing devastating damage to property and at
times result into prolonged interruption in the production facility.
a) Facultative reinsurance
This is the oldest method of reinsurance. Under this method, the ceding
company offers each and every risk in excess of its own retention capacity
for reinsurance and the reinsurer examines each risk according to its merit.
This method is akin to the original insurance contract between the insured
and the insurer and as the insurer decides whether to accept a business or
not, the reinsurer has also the liberty to accept or decline any business.
b) Treaty reinsurance
Treaty is a prior agreement between the ceding company and the reinsurer
whereby the ceding company agrees to cede and the reinsurer agrees to
253
accept all business (subject to certain exclusions) up to a certain limit laid
down in the treaty contract upon agreed terms and conditions.
Here the ceding company is bound to cede and the reinsurer is bound to
accept a fixed percentage of each and every risk irrespective of the sum
insured but subject to a certain limit. In India, 15% obligatory cessions are
made to GIC, subject to certain limits, on each and every direct insurance
policy written by the insurance companies. This is a Quota Share Cession.
If a company has five line treaty with a net retention of say, Rs.1 crore, the
maximum limit under the surplus treaty will be Rs.5 crore. An example is
given below for the reinsurance arrangement of a hypothetical risk with a
sum insured of Rs.10 crore, net retention of Rs.1 crore and a five line
surplus treaty.
Example
254
arrangement (premium and loss are not shared by the reinsurer in the same
proportion).
Definition
Definition
The Underlying Limit is a specific limit up to which the ceding company will
bear all the losses on its net account.
This arrangement is very much necessary to protect the net account of the
insurance company in the event of catastrophic losses. An example is given
below:
Example
The Excess of Loss treaty may be arranged in several layers depending upon the
requirement of the insurance company and may be on the basis of per risk or
per event.
Test Yourself 1
In ________________ method, the ceding company offers each and every risk in
excess of its own retention capacity for reinsurance and the reinsurer examines
each risk according to its merit.
I. Facultative reinsurance
II. Quota share treaty
III. Surplus treaty
IV. Excess of loss reinsurance
255
B. Reinsurance of engineering insurance business in India
a) Property Insurance,
b) Liability Insurance and
c) Consequential Loss
And as such it is essential that there is an Excess of Loss cover to protect the
high exposure in the net account.
If the financial strength of the company is sound, for large risks, Facultative
Excess of Loss cover may sometimes be taken instead of taking Facultative
Reinsurance Cover in order to reduce the premium outgo to the reinsurers.
The first step for an insurer is to review its objectives, and from there develop
an appropriate retention strategy. A highly risk averse company will fix a lower
retention limit than an insurer that aims to achieve an acceptable balance
between expected profits and potential fluctuations in annual profits.
Despite the number of actuarial procedures and models that have been
developed over recent years for determining retention limits, generally
retentions still tend to be fixed according to simple rules of thumb that, mostly,
have stood the test of time.
256
A table of retention for various classes of risk is prepared which is referred to
while writing any business. Too low a retention leads to avoidable reinsurance
while too high a retention may expose the net account unduly.
If the table of retention is drawn up only on the basis of sum insured, then the
insurance company would end up keeping an insignificant retention on a large
and well spread out risk where exposure is much less. Here is where the use of
underwriter’s discretion is called for in deciding on an appropriate retention
instead of relying on the thumb’s rules. The insurers can reasonably commit
themselves to a more realistic retention level on such large Engineering risks by
fixing the retention on the basis of MPL (Maximum Probable Loss).
Determination of MPL or EML (Estimated Maximum Loss) is a more complex
exercise.
d) The first and second Surplus Engineering Treaties are arranged by each
company themselves and are placed in the overseas market.
e) Any surplus left after this, is first ceded to the Market Surplus
Engineering Treaty administered by GIC
f) For the surplus left, the insurer are expected to show the risk to other
Indian insurers for facultative acceptance,
257
g) For very large risks, where automatic facilities are not sufficient enough,
it is necessary to place facultative reinsurance with reputed overseas
reinsurers.
As a matter of fact, for such large projects, a quotation for rates and terms is
first obtained from the professional reinsurers / brokers, who specialise in
Engineering Insurance, for submission to the client. The policy wordings are also
prepared in consultation with them.
Example
The risk is fully absorbed within the total automatic capacity of the market and
hence no facultative reinsurance is necessary.
Test Yourself 2
258
Summary
b) Under facultative reinsurance method, the ceding company offers each and
every risk in excess of its own retention capacity for reinsurance and the
reinsurer examines each risk according to its merit.
c) Treaty is a prior agreement between the ceding company and the reinsurer
whereby the ceding company agrees to cede and the reinsurer agrees to
accept all business (subject to certain exclusions) up to a certain limit laid
down in the treaty contract upon agreed terms and conditions.
d) In quota share treaty method, the ceding company is bound to cede and the
reinsurer is bound to accept a fixed percentage of each and every risk
irrespective of the sum insured but subject to a certain limit.
259
Answers to Test Yourself
Answer 1
In Facultative reinsurance method, the ceding company offers each and every
risk in excess of its own retention capacity for reinsurance and the reinsurer
examines each risk according to its merit.
Answer 2
A highly risk averse company will fix the lowest possible retention limit, hence
statement I is incorrect.
Self-Examination Questions
Question 1
I. Facultative reinsurance
II. Quota share treaty
III. Surplus treaty
IV. Excess of loss treaty
Question 2
_________ is a prior agreement between the ceding company and the reinsurer
whereby the ceding company agrees to cede and the reinsurer agrees to accept
all business up to a certain limit laid down in the contract upon agreed terms
and conditions.
I. Facultative reinsurance
II. Treaty
III. Stop Loss reinsurance
IV. Excess of loss treaty
260
Question 3
I. Facultative reinsurance
II. Quota share treaty
III. Surplus treaty
IV. Excess of Loss treaty
Question 4
I. Facultative reinsurance
II. Quota share treaty
III. Surplus treaty
IV. Excess of loss treaty
Question 5
I. Facultative reinsurance
II. Quota share treaty
III. Surplus treaty
IV. Excess of loss treaty
261
Answers to Self-Examination Questions
Answer 1
Answer 2
Treaty is a prior agreement between the ceding company and the reinsurer
whereby the ceding company agrees to cede and the reinsurer agrees to accept
all business up to a certain limit laid down in the contract upon agreed terms
and conditions.
Answer 3
Answer 4
Answer 5
262
CHAPTER 17
Chapter Introduction
In this chapter, you will learn what is risk management and the various stages
involved. We will also discuss risk inspections, loss prevention and loss
minimisation measures in Engineering insurance.
Learning Outcomes
263
A. Risk management and risk inspections
1. Risk management
The risks covered by engineering insurance are varied. Their range become
obvious if one considers only a few examples like
Dams,
Bridges,
High-risks buildings,
Electric power stations of all kinds,
Nuclear energy installations,
Mines,
Chemical and petro-chemical plants,
Offshore platforms,
Satellites etc.
i. Risk identification
The first stage of risk management process is ‘risk identification’ i.e. the
main risks to which the organisation is exposed. Checklists and
264
questionnaires are available with the risk managers to ensure systematic
inspection.
The second stage is ‘risk evaluation’ i.e. the extent to which the resources
can be affected in terms of physical damage, injury, interruption, liability
etc. In a way this is an estimation of Maximum Probable Loss (MPL) to which
the organisation may be exposed.
The third stage is ‘risk control’. Risks can be reduced or losses prevented by
adopting specific loss prevention measures e.g. installation of fire fighting
equipment or making available appropriate spare parts or standby
equipment reduce business interruption risks.
In the last stage comes ‘risk financing’. This includes partial risk retention
with acceptance limit and risk transfer by way of insurance or otherwise.
Financing of hard core risk by means of insurance is perhaps the most
accepted method that meets the Company’s long term interest.
2. Risk inspections
b) Purpose of inspections
Test Yourself 1
Checklists and questionnaires are made available with the risk managers to
ensure systematic inspection. This is done during which stage of risk
management?
I. Risk identification
II. Risk evaluation
III. Risk control
IV. Risk financing
266
B. Loss minimisation in engineering insurance
a) Direct losses
It is prime importance to ensure that industrial plants are not merely
constructed and operated but also protected against threats of destruction
from accidents like fire, explosion, disruption, breakdown and other causes.
Accidents of these types do not just happen but are mainly caused due to
failure of equipment or lack of skill on the part of contractors or operator
and therefore most of them can be prevented. Failure to prevent such
accidents can lead to serious financial repercussions.
b) Indirect losses
In addition we have to consider the impact of indirect losses like:
Interruption in production due to lack of spares,
Need to rebuild the facilities,
Stoppage of work,
Need to train new skilled operators and so on
All these could seriously affect the sales and delivery schedules. Such indirect
costs of accident may not be easily quantifiable but their impact on national
economy is very real and considerably higher than direct losses. Many
catastrophic loss events the world over, have gained major significance. Apart
from such spectacular disasters, small or medium size losses do occur every day
which are no less important, no less catastrophic for the economy of the
country or people at large.
2. Role of engineers
a) Inspections
267
Pre-acceptance inspections,
Risk management inspections aimed at pml (probable maximum loss)
assessment,
Risk improvements and
Loss prevention programmes
b) Techno-marketing purposes
c) Project cells
Though engineers are utilised in scrutinizing loss survey reports, the loss
assessment surveys are conducted by independent loss adjusters.
Thus, the engineers in the insurance industry play an important role in the
areas of marketing, underwriting, risk management, loss prevention and loss
assessments. In a way they assist the management in formulating future
underwriting policies of the company in the light of the technical inputs
from engineers along with their past experience and also current market
developments.
268
The general insurance industry in India believes that it has a great role to play
in preventing accidents and the losses arising from them, not merely because of
the immediate benefit that would accrue to it in terms of reduction in claim
experience but also because of conserving lives and property through loss
prevention activities in general. Moreover, the benefit of reduced loss ratio can
be passed on to the policyholders. Similarly heavy and uncontainable losses will
ultimately lead to increase in the cost of insurance to everyone.
Specific examples of loss prevention ideas that have emerged in respect of good
housekeeping, fire protection on construction sites, fire prevention checklist for
erection sites, site monitoring and maintenance of operational machinery, are
quoted below as useful illustrations.
4. Good house-keeping
a) The first step is to get a place for everything and then keep everything in
its own place. Plant and machinery, heavy structural, stocks, parts,
tools-each should have a place. Learn to put it back in its proper place.
c) If your operation produces a lot of scrap and the scrap does not get
hauled away before the scrap container is filled, stop work and get the
container replaced.
e) Apart from the risk of fire, some of the industries are exposed to hazards
from explosion – explosion of all kinds which could be disastrous in
consequence, resulting in loss of life and property. Please ensure that
safe operational procedures are not deliberately or inadvertenly
neglected.
269
f) Theft of property and money continues to increase. Two fastest growing
crimes are violence including terrorism and fraud. Check the security
arrangements to achieve sensible protection against theft and robbery.
Even persons trained in Science and Engineering are not aware of all the
precautions to be taken in handling electrical gadgets. Hundreds of laymen use
electrical appliances every day. Added to this is the risk due to faulty wiring
and installation. There are safety rules for use of every kind of electrical
gadgets and those should be carefully observed.
Once you get the habit of keeping your own work place or project site in order,
you will find that the house-keeping you have done for safety’s sake will pay
you dividends. Good house–keeping is the protection for yourself and neighbours
from costly and crippling accidents.
Fire protection should be in accordance with the type and size of the contract
works involved. The following recommendations should be considered as
complementary to any local regulations or specific requirements.
d) Living quarters should be well separated from the construction site and
provided with adequate first-aid fire protection (extinguishers, hoses,
etc.). Cooking facilities should be properly equipped with well-
maintained extinguishers.
270
f) Packing materials, combustible liquids and explosive substances should
be stored at a safe distance from buildings, plants and stores.
h) Fire walls between different buildings should be erected along with the
individual storeys (no wall openings are permitted).Partitions should be
erected as early as possible (subdivision into fire sections).
j) Staircases and fire brigade access must be swept free and must not be
used as storage or parking areas.
b) Any fire must be reported immediately to the site engineer, the person
responsible for supervising fire protection and, if necessary, the guard at
the gate via the existing communication system (walkie-talkie,
telephone). An adequate alarm system (hooters or sirens) should be
provided and regularly tested.
e) Water supply for fire – fighting purposes (pipe system, hydrants, pumps,
tanks, reservoirs, etc.) should be provided (at the beginning of the
construction period) either by a temporary system or by the early
completion of the permanent system – if practicable.
g) Hydrants should be supplied with long hoses and proper fittings. Each
hydrant point should be conspicuously marked by clearly visible signs if
functional.
n) Fire-fighting teams should be formed and trained for each site. They
should co-ordinate with the competent public fire brigade. Any
equipment needed must be made available. The fire prevention
measures required and the access routes should be co-ordinated in detail
in advance with the public fire bridge.
272
Checklist For Fire Prevention On Sites
Name of project_______________________________________________________
Insured_______________________________________________________________
Has safety / fire : yes / no If so, please indicate name and address
engineering been
appointed?
Site security
273
Exinguishing water Is there a water reservoir on the site? Yes / no
If so, mention water reserve capacity on day of
inspection m3
Special fire
Are there any open fire places on the site? Yes / No
Is the site free of waste package material, form work material, Yes / No
etc?
Remarks
Has the checklist completed during an inspection? Yes / No
Issued at ____________ this ____________ day of __________ 20_____
Signature
274
7. Site monitoring
Since insurers have a very real interest in the manner in which a building or civil
engineering projects is carried out it is important that they should monitor
conditions on the site as the work progress.
The employer usually carries financial responsibility for risks which could not
reasonably have been foreseen and allowed for in the contract price.
These parties normally design the completed works and are responsible to
the employer for the same. It is not unusual, though, to find that the
contractor takes on the design of the temporary works and, on occasions,
some aspects of permanent design too.
The contractor is responsible to the employer for the care of the works
together with all material and workmanship. The contractor is not
responsible for unforeseeable site conditions, nor is he responsible for
design prepared solely by the engineer. Notwithstanding these exclusions
most contractors have to spread their risk e.g. to sub-contractors and
suppliers. In practice, most conditions of contract require him to take out
insurance to cover the employer and the contractor against all but the
“excepted” risks, as specified in the contract.
275
iv. Sub-contractors
v. Suppliers
The suppliers are responsible to their respective contractor for the quality
of materials only.
vi. Insurers
One important part of site monitoring is to ensure that losses which should
property fall to others are not passed on to insurers. In practice this may not
be easy, particularly where wide policy wordings mean that insurers are
giving cover which overlaps with contractual responsibilities of other
parties.
b) Risk factors
The risk exposure is determined, in broad terms, by the location and nature
of the project. Whilst these features are fixed there are many other factors
which affect the loss frequency and over which the contractor can exercise
a measure of control; particular attention should be paid to these during
site monitoring of the risk. General housekeeping and conditions on site are
obvious examples but other conditions where site monitoring can help to
identity potential losses include:
276
Naturally he will not pass up any opportunity to claim for losses which are
outside his control. These claims may be contractual or they may be against
insurers.
c) Use of monitoring
Because it is essential that the person carrying out the monitoring knows
what to look for, visits should be carried out by a suitably experienced
member of the insurer’s staff or if this is not possible, then someone
delegated by the insurer to act on his behalf, such as a locally based civil
engineer. Valuable records, in the form of photographs and drawings, can be
created by the local representative of the insurer immediately following a
loss in those instances where a loss adjuster cannot reach the site
expeditiously.
277
Regularly site monitoring will allow insurers to keep abreast of contractual
developments involving delays, extensions and increases in values, with
their implications for additional cover and additional premiums.
Where a good understanding of the site conditions and progress of the works
has been obtained it is quite feasible, for the simple cases, to deal with
claims adjustments without involving a loss assessor. Apart from the obvious
cost saving on fees there are instances where knowledge of the
circumstances leading up to a loss has assisted in obtaining a lower
settlement.
d) Conclusion
a) Preventive maintenance
278
For each piece of equipment, they detail the various interventions required,
the way to conduct them, their intentions, their frequencies and define the
tests to be performed.
Thus the operation schedules (daily, weekly, quarterly, etc.) are defined.
These operations are organised in form of checks, measurements, analyses
carried out during total or partial inspections of the equipment. They define
the values beyond which products and parts must be replaced and further
adjustments made.
b) Corrective maintenance
In certain cases, particularly for old equipment that the manufacturer has
stopped manufacturing or even disappeared, repairs can be problematic.
c) Predictive maintenance
279
The purpose of the vibratory analysis is to check the mechanical condition of
the machine by analysing the effect of inertia of movables on the assembly.
Thus problems such as unbalance, alignment defect, mechanical or magnetic
imbalance, bearing and gearing deformations and wear and tear are
detected. It is specially adapted for rotating machines.
Test Yourself 2
I. Preventive maintenance
II. Corrective maintenance
III. Predictive maintenance
IV. Logistical maintenance
280
Summary
Risk identification
Risk evaluation
Risk control and
Risk financing
g) Fire protection should be in accordance with the type and size of the
contract works involved.
h) Site monitoring improves risk awareness and reduces loss frequencies with a
corresponding reduction in insurance claims.
281
Answers to Test Yourself
Answer 1
Checklists and questionnaires are made available with the risk managers to
ensure systematic inspection. This is done during the first stage of risk
management, which is risk identification.
Answer 2
Self-Examination Questions
Question 1
The estimation of Maximum Probable Loss (MPL) to which the organisation may
be exposed is done during which stage of risk management?
I. Risk identification
II. Risk evaluation
III. Risk control
IV. Risk financing
Question 2
Question 3
I. Direct loss
II. Indirect loss
III. Direct as well as indirect loss
IV. Neither direct nor indirect loss
282
Question 4
The purpose of which of the following is to look for faults or weaknesses before
they have detrimental consequences?
I. Preventive maintenance
II. Corrective maintenance
III. Predictive maintenance
IV. None of the above
Question 5
I. Preventive maintenance
II. Corrective maintenance
III. Predictive maintenance
IV. None of the above
Answer 1
The estimation of Maximum Probable Loss (MPL) to which the organisation may
be exposed is done during the second stage of risk management, which is risk
evaluation.
Answer 2
Answer 3
283
Answer 4
Answer 5
284
CHAPTER 18
Chapter Introduction
In this chapter, you will learn about Comprehensive Project Insurance (CP)
which combines the classic construction and erection covers in one insurance
contract and thus provides comprehensive protection.
Next, you will learn about the Comprehensive Machinery Insurance (CMI) which
offers “all risks” cover of a predominantly engineering nature, particularly
against machinery breakdown, fire, lightning and chemical explosion, as well as
natural perils for the entire insured plant, with only a few property exclusions
and excluded perils.
You will also learn about Construction Annual Policies (Floaters), Machinery
Leasing Insurance and Aero Engine Breakdown Insurance.
Learning Outcomes
285
A. Comprehensive project insurance (CPI)
1. Introduction
Major projects and investments present great opportunities, but also harbour
risks. Entrepreneurial risk itself is not insurable, but protection against the
consequences of property damage has long been provided by the insurance
industry. It is frequently the case that major projects and investments are only
possible if insurance cover is available.
2. General section
In the general section, the terms pertinent to all other sections are defined and
the applicable conditions stated.
286
d) Exclusions
ii. Loss or damage due to strike or riot (these risks are excluded from cover
as a general principle, but cover may be included in certain
circumstances after a detailed examination on a case-by-case basis)
v. Loss or damage resulting from any wilful act or gross negligence on the
part of the insured or its representatives
vi. Loss or damage resulting from a cessation of work for a period exceeding
four weeks of which the insurer has not been notified
287
f) What can be insured?
This Section covers all of a project’s construction and erection works from
commencement and includes, where provided for, testing and the
subsequent defects liability period.
Additional covers
288
It should be examined on an individual basis and, if appropriate, granted
only for proven technologies and experienced manufacturers.
This cover can be taken out for the transport of major items, particularly
from abroad.
289
Machinery and appliances which are on the erection site and in the care,
custody or control of the insured;
Additional cover may also be incorporated, e.g. overtime and Sunday and
public holiday work costs, express deliveries, off-site storage and inland
transit.
Comprehensive project insurance provides all risks cover. All types of loss of
or damage to the insured property occurring by accident (i.e. sudden and
unforeseen) during the period of insurance are indemnified with the
exception of the exclusions listed in the insurance contract.
290
the site or temporary storage on site, and during erection or
dismantling of site facilities and construction machinery
ii. Testing period begins when testing starts or when fuel, raw materials or
lubricants are first introduced, and ends on acceptance of the tests by
the principal or at the agreed date, whichever is the earlier.
291
expiry of the original period of insurance so that all special factors pertinent
at the time can be taken into account.
i. Sum insured
The sum insured corresponds to the new reinstatement value of the property
or plant under construction at the end of the project according to the supply
contract, including costs of freight, customs duties, fees, erection and
increases in prices in the course of the project.
Developments in wages and prices, e.g. steel price rises, can inflate project
and repair costs substantially, particularly when projects last several years.
Since the insurance contract contains an underinsurance clause, the insured
has an interest in protecting himself against underinsurance. Any changes to
the sum insured should therefore be advised to the insurers immediately.
To cover the risk of failure to adjust the sum insured in time, the contractor
takes out insurance for an amount higher (e.g. 10%) than the full contract
price. At the end of the period of insurance, the final sum insured is
established and the premium adjusted accordingly. This also ensures that
numerous adjustments to sums insured do not put capacity at insurers under
strain. This option has proved effective to cover the risk of failure to adjust
the sum insured in time.
NB: Rise in the cost of materials and wages do not necessarily result in an
increase in the sum insured in the case of fixed-price contracts, but do
increase repair costs in the event of damage. This problem can only be
solved by means of special premium and deductible calculations.
Debris removal;
Air freight;
292
Special care and prudence is warranted for natural hazard covers
(earthquakes, high water, flooding, all types of storm etc.). In certain cases,
it can make sense to define a limit of indemnity for each individual risk.
ii. Premiums
The technical description of the project together with the key size
and performance figures
A site plan (to be able to assess the loss potential and take any
liability hazards into account)
Degree of prefabrication
Security
Fire-extinguishing equipment
293
Other costs
iii. Deductible
As a general principle, the insured must bear a certain portion of any loss. In
the event of a claim, indemnification is paid net of a deductible. It is
intended to increase an insured’s interest in preventing loss or damage and
to spare the insurers small claims where administrative costs would be out
of all proportion to the amount of the indemnification.
ii. Damage arising during the defects liability period, but which is due to
factors originating in the construction, erection or testing periods on the
site.
However, this type of cover is a very high risk and should only be granted in
cases where facilities, procedures and construction and erection methods
are adequately tried and tested.
294
3. Third party liability (Section 2)
In spite of the greatest care taken with construction and erection, losses can
never be avoided totally. Third-party claims are covered by Section 2 of the
comprehensive project insurance.
a) Scope of coverage
b) Limit
c) Period
The period of insurance for the third-party liability section is the same as
that for the project works section or, alternatively, can be separately
agreed; extensions must be approved in writing by the insurer.
d) Exclusions
Exclusions include:
i. Any liability resulting from the use of any waterborne vessel, aircraft or
vehicle licensed for general road use (this risk should be covered by the
usual classic third party liability insurance)
295
iv. Any liability resulting from pollution or contamination other than that
caused by a sudden and accidental occurrence
v. Any liability for any occurrence which is inevitable having regard to the
circumstances and nature of the work undertaken and which should
therefore be allowed for by the insured; third parties liable to be
affected by the contract work are normally informed in advance, at
which time the basis on which the insured will assume the costs of the
expected damage is clarified.
Only those parties which would incur a loss-of-profits risk in the event of a
delay in start-up can be insured. They are
the owner,
the principal,
the future operator or parties financing the project, but not contractors,
manufacturers or suppliers of the facilities
Under Section 3, the insured can cover the risk of loss of the insured
financial interest resulting from a delay in start-up following a loss
indemnifiable under Section 1A. Where the associated property claim is not
indemnified by virtue only of its being for an amount less than the agreed
deductible, a delay loss is nonetheless indemnifiable.
Definition
“Insured interest” means either gross profit lost (the loss actually sustained
resulting from a reduction in turnover taking into account any increased cost of
working or specific standing charges (e.g. interest, fixed costs, etc. limited to
the actual shortfall in earnings resulting from the reduction in turnover during
the indemnity period taking into account any additional costs) incurred during
the indemnity period which cannot be earned due to the delayed start-up of the
facility.
ii. Overtime, special shifts, Sunday work and other measures which speed
up repair and minimise the delay
The insurance covers delays arising out of property damage, the cause of
which is covered as standard under Section 1A (project works). By
agreement, cover under Section 1A can be extended to include, for
example, off-site storage, inland transit and even loss or damage due to
earthquakes, volcanic eruptions and tsunamis.
ii. Loss or damage occurring after the project has been taken into use or
occupation;
v. Claims resulting from fines, damages for breach of contract and other
penalties
297
d) How long does the insurance cover last?
The indemnity period is defined as the period during which the use of the
insured property is impaired by a delay in start-up due to loss or damage,
beginning on the date on which business would have commenced, had loss or
damage not occurred, and limited by the agreed maximum indemnity
period. The basis for determining the indemnity period is the time needed
to rectify the delay loss. This is derived from the duration of repairs to or
replacement of the damaged facility including erection and testing.
i. Sums insured
The sum insured equates either to a declared gross profit (turnover less
variable operating costs), or to specified standing charges for the maximum
indemnity period, subject to a minimum of 12 months’ operation.
ii. Premiums
298
The length of the construction, erection and, if applicable, testing
periods
General risks and risks associated with the project
The probability of property damage causing a delay in construction
Spare parts planning and/or spare capacity
Reserves built into the time schedule
Safeguards such as fire-extinguishing systems
Damage limitation possibilities
The risk of transporting the property insured under Sections 1A and Section 1B
can be covered under Section 4 subject to the internationally recognised
Standard Institute Cargo Clauses. The inclusion of this cover in the insurance
contract has the following advantages over a separate marine insurance for the
insured:
a) Loss prevention
The lower the losses incurred in the course of a project, the more successful
the financial result is for all involved in the construction or erection. Loss
prevention precautions are therefore extremely important.
299
6. Comprehensive project (CP) insurance – Endorsements
b) Special exclusions
Earthquake
Flood or inundation
Windstorm
Crops, forests and cultures
Construction of dams and water reservoirs
Removal of debris
Directional drilling
Drilling rigs and equipment
Piling, foundation and retaining wall construction work
Full faults and defects
Full faulty design
Faulty part only
Construction of tunnels, galleries and underground structures
Normal action of the sea
Marine and off-shore work
Hydrocarbon processing industries 1
Hydrocarbon processing industries 2
Limited defects liability period cover
Section lengths
c) Special conditions
300
Serial losses
Erection of storage tanks
Marine 50/50 loss sharing
Flue gas purification plants
Test Yourself 1
I. General Section
II. Section 1A
III. Section 1B
IV. Section 2
301
B. Comprehensive machinery insurance (CMI)
The trend in recent years has shown that more and more insureds are looking
for “all risks” cover. Demand for classic “all risks” insurance with different
independent policies is falling in the market as it offers insufficient clarity as
far as gaps in cover and overlapping cover are concerned.
Fire insurance was extended in response to frequent demands from the market.
However, these policies did not take account of the conditions required for
machinery breakdown insurance and were often rated inadequately. The special
features of machinery insurance have therefore been properly taken into
account in the new comprehensive machinery insurance (CMI).
The new policy offers “all risks” cover of a predominantly engineering nature,
particularly against machinery breakdown, fire, lightning and chemical
explosion, as well as natural perils for the entire insured plant, with only a few
property exclusions and excluded perils.
The scope of cover is up to date and comprehensive, and can be adapted to the
specific features of a risk by means of a series of clauses.
302
3. Suitable objects
Unsuitable or less suitable objects are plants and equipment for which the fire
risk dominates:
Refineries
Fertilizer factories
Plants / facilities in the textile industry
Warehouses
Printing works, bookbinding works
Microprocessor production plants
Shopping centres
Equipment in the automotive industry
Cover is granted at the business locations specified in the policy, and also
during transportation for the purposes of cleaning, renovation, repair or
maintenance.
Cover applies to the policyholders named in the policy: objects destroyed are
indemnified at new replacement value. In the case of machines, these are
indemnified at replacement value until they are five years old. Thereafter,
indemnity for machines is limited to their current market value. The cover for
business interruption provided under Section 2 of the policy essentially
corresponds to the content of the machinery business interruption and fire
business interruption policies.
303
Fire, lightning and chemical explosion
Fire brigade charges
Impact of aircraft
Theft
Burglary
Collapse and subsidence of buildings
Flood, inundation
Earthquake (only as an optional extra)
Landslide
Hurricane
Volcanic eruption
Inland transits
5. Premium calculation
Premiums are calculated on the basis of the rating for machinery breakdown
and machinery business interruption insurance. For coverage in respect of fire
and natural perils, the corresponding extra premiums for property and business
interruption insurance are added.
304
b) Special conditions
Serial losses
Refractory materials and/or masonry in industrial furnaces and
boilers
Refrigerant and lubricating oil
Conveyor belts and chains
Wires and non-electric cables
Rewinding of electric machines (e.g. motors, generators,
transformers)
Repairs to combustion engines (e.g. diesel, gas engines)
Components along the hot-gas path of gas turbines
Waiver of underinsurance
Submerged and deep-well pumps
Overhauling of platen presses
Overhauling of electric motors and generators above 1,000 kW (other
than turbo-generators)
Overhauling of steam, water and gas turbines and turbo-generator
sets
Inspection and overhauling of boilers
Sum insured on unit-price basis
Flue gas purification plants
Test Yourself 2
305
C. Other insurance policies
These types of policies are intended for contractors who normally undertake
construction works of similar nature in sufficiently large numbers e.g.
dwellings, apartments, residential units like row houses / bungalows,
commercial buildings and the like. Effecting a separate CAR policy for each
contract becomes administratively cumbersome and inconvenient to handle.
Open covers are the most appropriate tools for both the insurers and the
insureds to achieve the following under the circumstances:
Such Open Covers or Floaters will usually be issued under Annual Policies on
any of the two different basis as under viz.
The cover will be provided only for works actually commenced during the
policy period, to be individually declared.
The cover will be provided on the basis of the annual turnover of the
contractor from activity of construction works of similar nature.
The cover under any of the above basis is automatic for any contract work
commencing after inception of the policy. This results in the insurers loosing
opportunity of individually assessing each contract on its merit. Such
policies, therefore, are issued to clients of long and established
relationships, proven track record and generating adequate volume of
business.
Following points need special attention under both the forms of cover and
hence an underwriter would require substantially detailed information for
consideration before acceptance & commencement of cover:
306
i. Individual declaration basis
Individual Declaration
Premium paid against each declaration
Basis
Deposit premium collected at commencement of
policy, which will be adjusted on an agreed date
Turnover Basis
between the insurer and the insured but normally
within 30 days of expiry of the policy.
307
b) Exclusions
c) Indemnity
The rates are set in the machinery leasing master policy and correspond in
essence with the combined cover for machinery, fire, and natural hazards.
In addition to master policies written for leasing companies with a higher
level of deductible, policies for individual risks can also be taken out by
leasing companies and by lessees.
Due to the long-term nature of leasing master policies covering many single
contracts and the very poor experience with some policies, we must warn
against any extensions in the scope of cover and against any rating
agreements that are not commensurate with the full scope of cover.
b) Target markets
308
should be seen as a supplement to aircraft hull insurance which usually
indemnifies damage by ingestion, impact, etc.
c) Scope of coverage
d) Exclusions
The individual exclusions from the cover mainly comprise loss or damage
caused by:
e) Indemnity
Nearly all claims are partial losses. Indemnity is paid for all costs incurred to
restore the engine to its condition immediately before the occurrence of the
loss. The policy contains a depreciation clause for parts in the hot gas path,
for parts subject to low cycle fatigue, and for life-limited components.
309
engine is disassembled in order to ascertain the scope of damage in
accordance with the policy conditions.
f) Premium
The premium and the deductible are based on the type of engine, its value
when new, operating profile, and the respective loss statistics. For
quotation purposes the following information is necessary:
Type of engine
Value of new replacement engine
Operating time since new
Operating time since last overhaul
Cycles (starts) since new
Cycles (starts) since last overhaul
Approved operating time between overhauls
Test Yourself 3
310
Summary
f) Section 1B (Marine Cargo Insurance Under): cover can be taken out for the
transport of major items, particularly from abroad.
g) Comprehensive project insurance provides all risks cover. All types of loss or
damage to the insured property occurring by accident (i.e. sudden and
unforeseen) during the period of insurance are indemnified with the
exception of the exclusions listed in the insurance contract.
i) The sum insured corresponds to the new reinstatement value of the property
or plant under construction at the end of the project according to the supply
contract, including costs of freight, customs duties, fees, erection and
increases in prices in the course of the project.
311
m) The commissioning or use of an insured project can be delayed by loss or
damage incurred. Section 3 covers the resultant financial risks.
n) Marine Cargo (Section 4): The risk of transporting the property insured
under Sections 1A and Section 1B can be covered under Section 4 subject to
the internationally recognised Standard Institute Cargo Clauses.
p) Suitable “objects” for this cover and the unsuitable or less suitable objects
are specified in the policy.
r) Premiums are calculated on the basis of the rating for machinery breakdown
and machinery business interruption insurance. For coverage in respect of
fire and natural perils, the corresponding extra premiums for property and
business interruption insurance are added.
x) In an aero engine breakdown policy, indemnity is paid for all costs incurred
to restore the engine to its condition immediately before the occurrence of
the loss.
y) In an aero engine breakdown policy, premium and the deductible are based
on the type of engine, its value when new, operating profile, and the
respective loss statistics.
312
Answers to Test Yourself
Answer 1
Answer 2
Answer 3
Self-Examination Questions
Question 1
Question 2
313
Question 3
Question 4
Question 5
314
Answers to Self-Examination Questions
Answer 1
Answer 2
Answer 3
Answer 4
In a comprehensive project insurance policy, losses arising out of wear and tear
of property insured are not indemnifiable.
Answer 5
315
Chapter 1
Development of Engineering Insurance and
Relevant Legislation
Intro: This chapter discusses the historical background and development of engineering
insurance in Indian and international markets
Engineering insurance - History and development
London and Lancashire’, the ‘Concord’, ‘Atlas, ‘Yorkshire’, and ‘British India
General’ was formed in the year 1954
Syndicate Sharing agreement for transaction of Engineering and Allied risks in India
Intro: This chapter discusses the different classes of engineering insurance as well as principles
and modern practices in engineering insurance
Classes of engineering insurance
Engineering Insurance Part of miscellaneous branch of insurance in the Indian insurance market
Policies combining both Construction and Operation Phase interests are not allowed
Subrogation and
Utmost good faith Insurable interest Indemnity Proximate cause
contribution
Proposal Form and Questionnaire always considered to form a part of the insurance policy
Type of
Name Address project
Policies
Endorsements
These are primarily addendum or revisions on the policy and form a part of policy
Attached to the policy document and together constitute evidence of insurance contract
Deductible or excess
Mentioned on the
policy schedule
Different excess
for normal perils,
Time Excess
AOG
applicable for
Perils/Collapse
Loss of Profit
for projects
policies (MLOP)
insurance
(CAR/EAR)
Intro: This chapter discusses the various types of plant, machinery & equipment used in industries, hazards
associated with them, information on various kinds of power plants & risk that these plants are exposed to
during their construction & operation.
Material handling machinery & equipment (cranes – both mobile & fixed, lifts, conveyors, fork
lifts & the like)
equipment
Pumps, Compressors
Power presses used for mass production of a wide variety of small stamped components or
profiled metal parts like a car door
Failure of mechanical
For conveying liquids & components like bearings,
gases from one machine impeller blades, vibration,
Pumps
to another or from one careless operation, misalignment,
place to another faulty design, faulty casting, lack
of maintenance etc.
Failure of mechanical
components like bearings,
For reducing volume &
impeller blades, vibration,
Compressors increasing pressure of
careless operation, misalignment,
liquids & gases
faulty design, faulty casting, lack
of maintenance
Conventional power
Coal as fuel in the boiler furnace
plants
Third Party Liability due to transportation & site accidents ALOP & DSU
exposures as a result of delay in commencement of commercial operations due
to accidents
Fires in cable
Third Party Long
galleries, Disintegration
Mechanical/ Explosion Rupture of Exposure Liability interruption
switching of turbines due
electrical or collapse steam & to natural due to periods
rooms, to centrifugal
breakdown of boilers fuel pipes perils leakage & after an
transformers forces
pollution accident
etc.
Transportation, offsite storage & handling of heavy &/or odd sized project machinery
Inadequate fire safety & protection. Remote location of site & difficult access create
Associated
problems in mobilizing help in case of emergencies
Hazards for
hydroelectric
power plants Exposure to fires, flash floods & inundation due to improper storage arrangements
during
construction / Inadequate precautions against corrosion
erection
Exposure to natural perils of earthquake, flood, landslide/rockslide
Mechanical/electrical breakdowns
Intro: This chapter discusses various project stages, different activities involved in these stages & the
importance of work contract and other contracts.
Project stages
Project stages
Detailed
Need for the Feasibility Award of
Project Call for Tender
Project Study Contract
Planning
Defects- Land
Transportation
liabilities or the Acquisition &
Site Activities of Project
maintenance Site
Property
period Preparation
19
Chapter 4
Project Stages, Work Contract & Other Contracts
In addition to the Work Contract, the principal enters into other contracts with different parties such as:
Suppliers of machinery / equipment Supplier of fuel (e.g. fuel supply agreement for a
Suppliers of various services power project)
Shippers and transporters Finance agreement with financiers of the project
Purchasers of production of the project (e.g. etc.
power purchase agreement)
IC-77 Engineering Insurance
20
Chapter 5
Contractors All Risk Insurance
Intro: This chapter discusses CAR insurance (Contractor’s All Risks Insurance) & its
characteristics in terms of risk covered, sum insured, pattern of premium payment etc.
CAR Insurance
Protect the interests of the principals and contractors engaged in civil engineering projects
Cover from the time of arrival of the first consignment of materials at the site or from the
commencement of work, whichever is first
21
Chapter 5
Contractors All Risk Insurance
Contractors may take out cover during the maintenance period or defects liability period to
fulfill the obligations under the contract
Material Damage sum insured must be equal to estimated completely erected value of contract works
Sum insured should represent the new replacement value of each item to be covered
If sum insured is less, then the amount recoverable under the insurance gets reduced in that proportion
Supplementary Covers
Construction machinery, plant and Provision for escalation in value to take
equipment required for the project care of inflationary trends
Clearance and removal of debris of the Temporary works or temporary structures
insured property following a loss at the project site
Damage to existing property of the Additional expenses for air freight
insured at the site
Additional expenses e.g. overtime, work Additional custom duty incurred for
on public holidays, air freight etc. replacements over and above
Legal liability for property damage / injury Maintenance Cover
because of accidents
IC-77 Engineering Insurance
22
Chapter 5
Contractors All Risk Insurance
Tall Buildings
Airport Works
Underground Risks
Pipeline Construction
Tunneling
Assessment Trenching
of Risks and
Technical Hydro-electric
Control
Road Construction
Reservoirs
Bridge Construction
Wet risks
IC-77 Engineering Insurance
23
Chapter 5
Contractors All Risk Insurance
Claims Control
All incidents are notified to insurers immediately for realistic loss assessment
Insured will be required to actively pursue recovery from the manufacturers/suppliers depending on
the terms of contract
Theft claims require careful investigation in conjunction with the local police authority
Losses discovered only at the time of taking inventory are not covered under the policy
Salvage materials should be disposed off at best available prices which will minimize loss
Insurer is not liable for additional cost incurred for alterations in the contract works
Insured must forward to insurer any notice of claim received from a third party without admitting a
liability
24
Chapter 6
Erection All Risks (EAR) insurance and Marine
Cum Erection (MCE) Insurance
Intro: This chapter discusses Erection All Risks (EAR) Insurance and Marine-cum Erection (MCE)
Insurance policies
Erection All Risks Insurance
Need for Erection All Risks (EAR) Insurance
Covers contracts primarily involving erection of plant, machinery, equipment, machine foundations &
also all associated civil engineering work of factories
Section I - Material Policy coverage is on an ‘All Risks’ basis, covers Fire &
Damage lightning, Riot, strike, flood, etc.
Scope of
Cover
Section II - Third Legal liability to third parties for property damage or
Party Liability personal injury
Policy Period
From arrival of the first consignment or from the commencement of work, whichever shall be the first
Applicable till the date specified in the policy / completion of erection, testing & commissioning or
The contract works are taken over by the principal, whichever shall occur first
Excess (Deductible)
The minimum excess amounts prescribed by insurer are generally termed as normal excess
Discounts in premium available for insured selecting excess amounts higher than normal
EAR proposal and policy form are standardised, the rates have
been de-tariffed and follow market led pricing
Projects insurance
Projects involving values of Rs. 2500 crores and more are
rating and norms considered Mega Risks and may follow market led pricing
or can also obtain reinsurer driven rating and terms
Scope Inland Transit – to site of erection including any transhipments & intermediate storage
of
Unloading, Storage, Handling, Shifting, installation / Erection at the site
Cover
Testing and Commissioning at the site of erection
Marine Claims
Normal course: there is no Excess applied for marine claims for general cargo
In respect of a project, position will vary depending on the type of machinery / equipment, overall
transportation plan, transhipments & intermediate storages, loading / unloading facilities etc.
Rating
Rates and Excess for marine cargo insurance of The EAR rating considerations remain the same as
project materials – both imported and indigenous explained earlier under description for EAR
depend upon the type and value of cargo involved insurance
This term is used in different insurance markets for European insurers/reinsurers use this term for a
different types of policies special cover which is a combination of CAR and
EAR to suit the needs of projects
CAR plus EAR An EAR or MCE policy would cater to plant / machinery erection contracts
The normal terms & conditions for combined policy help eliminate any gaps
& overlaps in cover that would have occurred if separate CAR & EAR
policies were issued
32
Chapter 8
Contractor’s Plant & Machinery Insurance
CPM insurance is for Capital equipment and machinery owned by Contractors and
used for the purpose of executing projects.
Note that this is an annual cover. Types of Equipment covered is as follows :
33
Chapter 8
Contractor’s Plant & Machinery Insurance
Storm, tempest,
Riot, strike, malicious
hurricane, typhoon and
damage
tornado
Earthquake, flood,
inundation, subsidence,
land slide and rockslide
34
Chapter 8
Contractor’s Plant & Machinery Insurance
35
Chapter 8
Contractor’s Plant & Machinery Insurance
In cases where the If the value of one item or part thereof is increased by
damage can be repairs, liability of insurers is reduced by the amount of such
repaired: increase.
36
Chapter 8
Contractor’s Plant & Machinery Insurance
Machinery Insurance
Underwriting considerations
Conditions of
General Periodical General
the Experience of Any
condition of inspections standard and
construction the operators extensions of
job site & adopted by the quality of
plant & &/or drivers cover required
accessibility contractors maintenance
equipment
37
Chapter 8
Contractor’s Plant & Machinery Insurance
Origin of the
Other important factor is Type of machinery machinery /
The skill of the operator is equipment –
terrain or other geological or / equipment & its
one prime consideration in condition whether imported
geophysical features of the
assessment of hazards or local
erection sites.
Working
Maintenance &
environment on
Claims under this policy may upkeep system
the site
arise due to many causes, Insurers generally insist
e.g. fire, riot, flood, storm upon immediate notification
earthquake, theft, accidental of any claim for this class of
damage to the contractor’s insurance
plant and machinery Quality of operators Experience of the
whether trained or contractor &
otherwise operators
38
Chapter 9
Advance Loss of Profit / Delay in Start-up Insurance
Intro: This chapter discusses Advance Loss of profit (ALOP) insurance policy
ALOP policy is issued only to principal / owner of the project with the interest
of the financiers suitably recorded
Indemnity Period
Insured Period of insurance Time Excess (TE)
(IP)
• Only the Principal / • ALOP coincides with • The day on which • Period of delay for
owner of the project the EAR/CAR policy the project would which loss is borne
• The Contractor / period including the have been taken by the insured which
Sub-contractor / testing period, if over by the owner starts along with the
Engineers etc. are covered and had the accident not indemnity period
jointly insured with terminates with the occurred and ends • Depends on type of
the owner only under commencement of on the day the plant / equipment,
the CAR/EAR policy commercial commercial replacement time for
for material damage operation operation starts critical items,
and TPL losses location of site and
other underwriting
factors.
Objective of Insurance
Insurers indemnify the Insured for the actual loss sustained due to a delay in completion of the
insured works caused by direct physical loss or damage covered under the Policy to which this
Endorsement is attached and occurring within the stated Period of Insurance
Period of Insurance
It shall end earlier if and when the entire works or parts thereof are taken over or taken into use
by the Insured, period of Insurance shall be stated in the Schedule
ALOP and similar forms of ‘Delayed Income Insurance’ have been requested for all types of
projects
Demand for this cover mainly from infrastructure Projects, Power and road projects etc, as most
of these projects are financed by banks / financial institutions
Insurers have to depend upon the international reinsurance market for guidance on a case to
case basis due to lack of sufficiently large portfolio, statistically supported rating systems
Intro: This chapter discusses standard endorsement wordings for each such individual extension cover
along with other applicable endorsements
Endorsements
Endorsement Regarding Fire/Explosion
Notwithstanding the conditions, provisions and It is further agreed and understood that the
other endorsements of this policy, it is agreed Company shall not be liable for 10% of the
and understood that company shall indemnify the claim amount subject to a minimum of Rs.
insured in respect of any loss or damage caused _________ for each and every claim on
by fire/explosion account of fire / explosion
44
Chapter 10
A. Endorsements – Including Supplementary Covers (Car, Ear, CW)
B. Information Required for Framing Construction Phase Insurance Programme
for a Project
• It is also hereby declared and agreed that in event of a claim, insured would be considered
fully insured up to the sum insured inclusive of ___% increase as per selected escalation
and under insurance would apply only in the event of the cost of replacement of the affected
equipment exceeding the original value inclusive of selected ___% towards escalation
• It is hereby declared and agreed that the policy shall also indemnify towards Air Freight
incurred by the insured in connection with the idemnifiable loss under the policy. In
consideration thereof an additional premium of Rs._______ is charged hereby. Limit of
indemnity shall be Rs. ___________ during currency of the policy
45
Chapter 10
A. Endorsements – Including Supplementary Covers (Car, Ear, CW)
B. Information Required for Framing Construction Phase Insurance Programme
for a Project
Endorsement for Test Run Definition for Gas Turbines in respect of Combined Cycle Power Plant
Notwithstanding anything stated herein to the contrary, it is hereby declared and agreed that the gas turbine
insured hereunder is deemed to have commenced its first operation of test loading when the fuel is
introduced in the combustion chamber of the gas turbine unit
It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions
contained in the policy or endorsed thereon, the Insurers shall only indemnify the Insured for loss of or
damage to the Insured items during storage upto a value per storage unit not exceeding the equivalent of
Rs.____________.
It is agreed and understood that otherwise subject to terms, exclusions, provisions and conditions contained
in policy or endorsed thereon, Insurers shall not indemnify insured for loss, damage or liability directly or
indirectly caused to crops, forests and / or any cultures during execution of contract works
46
Chapter 10
A. Endorsements – Including Supplementary Covers (Car, Ear, CW)
B. Information Required for Framing Construction Phase Insurance Programme
for a Project
47
Chapter 10
A. Endorsements – Including Supplementary Covers (Car, Ear, CW)
B. Information Required for Framing Construction Phase Insurance Programme
for a Project
Type of insurance
Acceptance of Rates, terms and
including scope of Retention Reinsurance
risks conditions
cover
Contract
• Split of total contract value into major units
• Details of Civil Engineering works with values
• Principal supplied materials
• Bar chart / time schedule of various activities
• Period of erection / construction including testing and commissioning
Erection • Details of phased handover, if any
All Risk
(EAR) Third Party
Insurance • Description of surrounding property
• Limits of liability required
48
Chapter 10
A. Endorsements – Including Supplementary Covers (Car, Ear, CW)
B. Information Required for Framing Construction Phase Insurance Programme
for a Project
Origin of
• General cargo
• Critical items
• Import cargo
• Critical items
• Local items
Full details of how the bulk of cargo will arrive at project site
Limits of Liability
49
Chapter 11
Machinery Insurance
Intro: This chapter discusses marine insurance policies which provide protection to industries against any
physical damage to the machinery
Machinery insurance
Machinery insurance
It should be of interest to everyone who operates machinery – not only the big industrial enterprises but also
small /medium undertakings where machinery may have serious financial and economic consequences
Scope of Insurance
Standard Machinery Insurance Policy covers unforeseen and sudden physical damage by any cause to the
insured property:
While being
During cleaning or
While it is at work dismantled for When being shifted During subsequent
overhauling
or at rest clearing or within the premises erection
operations
overhauling
50
Chapter 11
Machinery Insurance
Underwriting Features:
• Units of power generating • Process plant is designed for • In brick works, quarries and
machines and prime movers a variety of purposes, mines or used by builders
are most eligible risks for sometimes by insured’s own and other contractors
Machinery Insurance engineering staff • In industries where working
• They are substantially same • Some of the unsatisfactory conditions impose
in design and construction features of process plant are extraordinary loads
irrespective of the industry in generally of less stable • Used underground or
which they are used design than power plants installed in any vehicles,
• Alternators and generators, • Overloading shocks occur aircraft or water borne
boilers, Compressors, electric due to uneven loads or vessels
motors, engines, fans, unskilled operators • Operating in remote
blowers etc. are types of • Caution is necessary in situations with no facilities
machinery which are normally selecting process machinery nearby for repairs and
acceptable as good risks for insurance; the past replacement
experience of breakdown
should be carefully
investigated
51
Chapter 11
Machinery Insurance
Principal Exceptions:
• Policy does not cover damage due to fire, lightning, explosion (other than disruption of
turbines, compressors, etc. or other items subject to internal pressure), theft, collapse of
buildings, subsidence, landslide, water which escapes from water containing apparatus,
flood, inundation, storm, tempest, earthquake, volcano or other Acts of God and impact with
vehicles or aircraft damage including articles dropped from aircrafts or other aerial device
• This is specially excluded. Purpose of the Machinery Insurance Policy is to cover self
heating or internal fire due to electrical faults, but exclude damage caused by external fire or
direct lightning which are covered by the Fire Policy
Explosion
• Explosion exclusion in Machinery insurance policy is qualified so that it does not exclude
bursting, disintegration or disruption of turbines, compressors, transformers, switchgears,
etc. or physical explosion of vessels containing gas, steam and / or a liquid substance due to
internal pressure
52
Chapter 11
Machinery Insurance
In cases where the damage can be repaired, the basis of indemnification is the
cost of restoration to working order based on the customary daily rates together
with normal freight, erection cost and other duties and taxes
Basis of Where the insured item is totally destroyed or is a constructive total loss the
Indemnification basis of indemnification is market value of the item immediately before the
accident plus cost of removing the damaged machinery less value of salvage
53
Chapter 11
Machinery Insurance
• The insured shall not be entitled to abandon any property to the insurer whether taken
possession of by the insurer not
• As from the day of loss, the Sum Insured for the remainder of the period of insurance is
reduced by the amount of compensation
54
Chapter 11
Machinery Insurance
A claim form should be properly completed, signed and checked whether both the item and the
risk involved are insured under the policy
It is necessary to check whether any loss of profits insurance or deterioration of stock insurance
Claims Control
A qualified engineer surveyor is generally deputed to assess the loss who will then scrutinise
claims estimates, determine the cause of the accident, certify that the charges claimed for are
reasonable and exclude cost of improvement, alteration or temporary repairs
An up to date copy of the policy should be made available to the independent surveyor
55
Chapter 12
Boiler & Pressure Plant Insurance
Intro: This chapter discusses the importance of boiler and pressure plant insurance polices which
can be used to prevent financial disasters.
Boiler Explosion Boiler and Pressure Vessel Boiler and Pressure Plant
Insurance Policy Insurance Policy Insurance Policy (in India)
56
Chapter 12
Boiler & Pressure Plant Insurance
• any fired closed vessel or a combined container piping system in which steam is
“Boiler”
generated under pressure
“Pressure
• any unfired closed container under steam, gas, or fluid pressure
Plant”
• sudden and violent rendering or tearing apart of the permanent structure of a boiler
/ pressure plant / any part or parts by force of internal steam, gas or fluid pressure
“Explosion”
causing bodily displacement of the said structure and accompanied by the forcible
ejectment of its contents
• sudden and dangerous distortion of any part of a boiler / pressure plant by bending
“Collapse” or crushing caused by steam, gas or fluid pressure whether attended by rupture or
not; shall not mean any slowly developing deformation due to any cause
“Flue Gas • explosion of ignited gases in the furnaces or flues of the boilers, economisers and
Explosion” super heaters.
“Chemical
• explosion arising out of chemical reaction in any plant.
Explosion”
57
Chapter 12
Boiler & Pressure Plant Insurance
Gun powder, detonators or any similar explosive Explosion can occur due to variation in
compound could cause explosion under the influence of fluid pressure
mechanical or thermal shocks Variation only in physical form, and no
Combustible and highly inflammable fluids and dusts can chemical reactions responsible for such
cause explosion explosions
Explosion is some form of chemical reaction Cover under fire policy however excludes
Chemical explosions are considered a very rapid form of damages to all steam generators or boiler
combustion plants arising out of their own explosions
Due to high speed and acceleration of such combustion, Separate boiler explosion insurance policy
the products of combustion liberated are incapable of would be required in respect of steam
withholding the energy generated generating plants or boilers
The release of uncontrolled energy in this fashion causes Boiler should be insured under boiler
extensive damages explosion policy to cover risk of its own
Explosions are connected with or originate from ignition & explosion and under fire policy to cover
hence covered under fire insurance policy risk of explosion
Damages caused by chemical explosion covered under Fire Policy
Damages caused by Damage caused by explosion of gas used for
Fire resulting from
explosion of Boiler used for domestic purposes only for lighting or heating
explosion
domestic purposes a building not forming a part of any gas work
IC-77 Engineering Insurance
58
Chapter 12
Boiler & Pressure Plant Insurance
Boiler Explosion Policy: sum insured should represent the new replacement value of the plant inclusive of
freight, customs duties and erection cost
In the event of loss or damage, if sum insured is less than the amount required to be insured, the amount
recoverable by the insured gets reduced in such proportion as the sum insured bears to the amount
required to be insured
59
Chapter 12
Boiler & Pressure Plant Insurance
Insured shall not be entitled Basic rates of premium Before any risk can be
to abandon any property to depend upon the type of accepted it must be ensured
the insurer whether taken boiler, type of fuel and age that the plant is periodically
possession or not inspected and cover can be
granted
60
Chapter 12
Boiler & Pressure Plant Insurance
Claim procedure
Whether the loss falls within the definition Whether the warranties have
of ‘Explosion’ or ‘Collapse’ been complied with
Claims control
• Claims are for substantial amounts and require great care during investigation and negotiation
• Necessary to investigate the cause of the damage and ascertain whether the claim falls under the policy
definitions of explosion or collapse
• Certificate issued by the Govt. Inspector of boilers must be checked to ensure that the accident occurred
within its validity period and that all its terms and conditions were complied with
• Preferable to have assessments of boiler explosion claims carried out by a qualified engineer surveyor who
can determine the exact cause of the loss and arrive at a fair assessment of claim payable
• Formed duly completed and signed; should be obtained in all cases
• If the claim is on account of third party personal injury or property damage, it must be made quite clear that
on no account should the insured offer, admit, promise or compromise any payment without the consent of
the insurance company in writing
61
Chapter 13
Machinery Loss of Profits Insurance
Intro: Losses due to damage or breakdown of machinery can be covered by buying Machinery
Loss of Profits insurance (MLOP) policy - this chapter discusses various features and importance of
MLOP.
Standing charges: in case of any business interruption, the manufacturer would not only be unable to make
the profit, but there would also be several continuing expenses to meet although the business was no
longer earning the money to pay them
In fire insurance, this policy is generally known as Consequential Loss policy. The American term
‘Business Interruption Insurance’ is currently in practice
62
Chapter 13
Machinery Loss of Profits Insurance
63
Chapter 13
Machinery Loss of Profits Insurance
Scope of insurance
Losses are insured only in respect of the insured business described in the Schedule of the policy
Where business of a diverse nature is to be insured, it is essential that they be properly described
If only some part of some business is to be insured, then this must be made clear at time of effecting
the policy
Premises of the business is an important factor as MLOP insurance covers only the business carried
out in the premises specified in the policy Schedule
When different manufacturing activities are carried out in separate premises, interdependence between
each such section can be provided for but has to be declared and agreed at inception of the policy
Not defined in the policy but can be said to be such Can also include charges which could have been
charges which do not reduce proportionately with a reduced but are specifically desired to continue to
reduction in production following an accident. be incurred in the overall interest of the business
64
Chapter 13
Machinery Loss of Profits Insurance
The Insured can choose to insure all Standing Charges or only part, in which
case, the Standing Charges selected must be specified by their title or name
in accordance with the head of account or nomenclature used in the insured’s
accounts
“If any standing charges of the business be not insured then in computing the
amount recoverable as increase in cost of working that proportion only of the
additional expenditure shall be brought into account which the sum of the Net
Profit and the Insured Standing Charges bears to the sum of the Net Profit
and all the standing charges”
65
Chapter 13
Machinery Loss of Profits Insurance
Sum insured: Gross Profit i.e. Net profit plus Standing Charges
After the Gross Profit workings, appropriate additions to project the figures for the
next financial year during which the Policy will be in force
Provision in the Policy for downward adjustment of the sum insured up to 50% at
Sum insured and the end of the policy period, if the sum proposed for insurance exceeds the
underinsurance actual Gross Profit of the business, as ascertained from the Insured’s audited
account
If profit turns out to be lower, the insured can get a refund up to 50% of the
premium originally paid
If sum insured at time of claim is found to be less than the amount required to be
insured, the condition of Average is applied to work out the extent of under
insurance
66
Chapter 13
Machinery Loss of Profits Insurance
All MLOP policies are subject to a minimum Such adjustment is made to the extent of 50%
Excess. Since the MLOP loss is ‘Time downwards depending on the actual gross
related’, it’s generally expressed in number profit achieved during the financial year.
of days.
67
Chapter 13
Machinery Loss of Profits Insurance
Risk assessment: Special form devised for eliciting all the information connected with an MLOP proposal
hence useful if a
Risks vary of the importance of
process description to give the
considerably each machine, by-
along with a process inspecting
between passing and other
flow diagram can also engineers an
industry to arrangements
be furnished with the idea
industry available, etc.
proposal
68
Chapter 13
Machinery Loss of Profits Insurance
Claims control
69
Chapter 14
Electronic Equipment Insurance
Intro: This chapter discusses electronic equipment insurance (EEI) policy and its various sections.
Introduction to EEI
EEI: designed to protect companies against such losses that can be incurred due to damage to electronic
equipment
EEI policy: available to the owner as the operator, lessor or the maintainer and the hirer
The entire computer system CPU, Keyboards, monitors, printers, UPS,
consisting of System Software etc.
Equipment
includes
Peripheral equipment as well as air-conditioning, heating and power conversion,
auxiliary equipment such as etc.
70
Chapter 14
Electronic Equipment Insurance
Scope of cover
Insured items only after successful completion of their performance / acceptance test
Whether they are at work or at rest or being dismantled for the purpose of:
cleaning / overhauling / shifting within the premises or during subsequent re-erection
EEI Policy offers cover on an ‘All Risks’ basis in three Sections as under:
Section 3: Increased Cost of
Section 1 : Material Damage Section 2 : External Data Media
Working (ICOW)
71
Chapter 14
Electronic Equipment Insurance
Applies to any
unforeseen and Acts of God i.e. Earthquake (fire and shock), Landslide
sudden physical loss /Rockslide/Subsidence, Water damage, flood, inundation ,
or damage storm, tempest, hurricane, tornado ,typhoon ,cyclone
Section 1:
Material Impact from falling objects, collision
damage Offers cover virtually
on an “All Risks”
basis and
indemnifies against Short circuiting, arcing or similar electrical or mechanical
any physical loss or breakdown
damage due to
following perils
Failure of safety devices; Carelessness, negligence,
faulty operation
72
Chapter 14
Electronic Equipment Insurance
Maintenance warranty (service or maintenance contract with the computer makers is warranted in the
policy) normally provides for:
73
Chapter 14
Electronic Equipment Insurance
If the indemnity limits selected “per hour’ is not Condition of “Average’ would
found sufficient in the event of a claim apply
Excess: all the three Sections are subject to separate Excess prescribed in the Schedule.
Section 1-Material Damage and Section 2- External Data Media are subject to monetary excess
amounts, whereas Section 3 – ICOW is subject to a Time Excess
74
Chapter 14
Electronic Equipment Insurance
Basis of indemnification
75
Chapter 14
Electronic Equipment Insurance
Special questionnaire to be filled in by the Insured giving relevant particulars of the items
proposed for Insurance
76
Chapter 14
Electronic Equipment Insurance
Rating
All the three sections of the EEI Policy are subject to separate rates and terms
For Section 3 i.e. ICOW, the rate is linked to selected time exclusion period & indemnity period
77
Chapter 15
Other Annual Policies
Intro: This chapter discusses features of Deterioration of Stocks (DOS) Insurance policy and Civil
Engineering Completed Risks (CECR) Insurance
Deterioration of Stocks (DOS) Insurance
Scope of cover
• Cover applies to loss or damage by deterioration or putrefaction of the contents of the cold
store caused by rise or fall in temperature
Principal Exclusions
• Acts of God, perils like war, civil war, riot, strike and nuclear risks, consequential loss,
damage or liability
Basis of Indemnification
• The liability of the insurer is normally limited to the market value of the commodities
immediately before the accident
Excess (Self-insurance)
• It is subject to a deductible excess in respect of each and every claim, and this is clearly
indicated in the policy
Essential that acceptance of this risk is made subject to receiving a satisfactory Technical
Inspection Report of an engineer
Condition precedent under the Deterioration Policy that a claim should be admitted under the
Machinery Insurance Policy
Technical Control
Intro: This chapter discusses different methods of arranging reinsurance in the engineering
department
Methods of arranging reinsurance
Reinsurance
Method employed by the direct insurer to dispose off the surplus in excess of its
capacity to retain
Facultative Reinsurance
Treaty Reinsurance
An insurance company places its treaty with a large number of
reinsurers to achieve as much spread of risk as possible
Excess of Loss
Quota Share Treaty Surplus treaty
reinsurance
• As per agreement, ceding • Ceding company cedes the • Facultative, Quota Share
company &reinsurer is surplus in excess of its net Treaty and Surplus Treaty
bound to accept a fixed retention and priority are proportional
percentage of each and cessions reinsurance arrangements
every risk irrespective of • Surplus treaty provides • Excess of Loss treaty is a
the sum insured but subject reinsurance capacity up to non-proportional
to a certain limit a certain number of lines arrangement
Excess of Loss In excess of the amount of loss borne by the ceding company which is known as
treaty the Underlying Limit.
Underlying Limit
Specific limit up to which the ceding company will bear all the losses on its net
account
A highly risk averse company will fix a lower retention limit than an insurer
Aims to achieve an acceptable balance between expected profits and potential fluctuations in
annual profits
Engineering Insurers construct a table of retention graded down according to nature and
characteristics of risks
After fixing the net retention, an insurer arranges for automatic reinsurance capacity
Based on nature & size of portfolio in order to deal with large majority of risks called upon to insure
Insurers can commit to more realistic retention level on large Engineering risks by fixing retention
based on MPL
Intro: This chapter discusses risk management, risk inspections, loss prevention and loss
minimisation measures in engineering insurance
Risk Management and Risk Inspections
Preservation of assets
Objectives of Risk Management
Preservation of earning power from loss or destruction
Role of Engineers
Indirect losses
Interruption in Inspections
Need to
production
rebuild the
due to lack of
facilities
spares
Good House- The first step is to get a place for everything and then keep everything in its own
Keeping helps to place
prevent accidents
For use of inflammable materials, supplies should be properly protected and stored
in a safe place
Need to ensure that safe operational procedures are not deliberately or inadvertently
neglected
For protection against theft and robbery adequate security arrangements should be
available
To avoid inundation risks, necessary precautions should be taken at the site levelling
stage
Site engineer should be continually reminded of his responsibility for fire protection on
the site
Living quarters should be separated from the construction site and provided with
adequate first-aid fire protection
Staircases and fire brigade access must be swept free and must not be used as
storage or parking areas
The pipe system should guarantee a minimum pressure of 3 bars at the remotest point
In multi-storey buildings, the hydrant rises should be installed, pressurised storey by storey &
stored by as the construction progress permits
An emergency plan must show each person’s responsibility in the event of a fire
The
The
Employer The Sub-
Engineer or Suppliers Insurers
(or Contractor Contractors
Architect
Principal)
Use of Monitoring
Maintenance, servicing and monitoring the condition of equipment to maintain its performance is
essential to ensure the reliability and availability of industrial equipment.
Preventive Maintenance
• The purpose is to ensure that a piece of equipment works well under the predefined
operating conditions
Corrective Maintenance
Predictive Maintenance
Intro: This chapter discusses Comprehensive Project Insurance (CP) & Comprehensive
Machinery Insurance (CMI) as well as other insurance policies
Comprehensive Project Insurance (CP)
Combines the classic construction and erection covers in one insurance contract;
therefore suitable for the insurance of both construction risks & erection risks
General Section
• Comprehensive project insurance contract comprises the basic definitions, conditions and exclusions
applicable to the project
Firms
commissioned Covers all of a project’s construction and
Contractors erection works from commencement and
to carry out
the work includes, where provided for, testing and
the subsequent defects liability period
Covers all types of loss or damage to the insured property occurring by accident
During the period of insurance, indemnified with the exception of the exclusions listed
in the insurance contract
Loss / damage belonging to third parties or persons not involved in the project sustain injury, for
which the insured is liable according to statutory regulations
Cover the risk of loss of the insured financial interest resulting from a delay in start-up following a
loss indemnifiable under Section 1A
By agreement, cover under Section 1A can be extended to include example, off-site storage,
inland transit and even loss or damage due to earthquakes, volcanic eruptions and tsunamis
Insurance cover begins on commencement of work on site or on the effective date agreed for
this section
The sum insured equates either to a declared gross profit or to specified standing charges for the
maximum indemnity period, subject to a minimum of 12 months’ operation
Premium calculation
Premiums are calculated on the basis of the rating for machinery breakdown and
machinery business interruption insurance
Scope of coverage
• Covers unforeseen and sudden breakdown of insured engines, necessitating repair
or replacement
Indemnity
• Paid for all costs incurred to restore the engine to its condition immediately before
the occurrence of the loss.
Premium
• Premium and the deductible are based on type of engine, its value when new,
operating profile and respective loss statistics