BURGLARY INSURANCE POLICY
Whereas the Insured described in the schedule by a proposal and declaration which shall be the basis of this Contract and is deemed to be incorporated herein has applied to the NICON INSURANCE PLC (hereinafter called “the Company”) for the insurance hereinafter contained and has paid or agreed to pay the premium mentioned in the schedule as consideration for such insurance.
Now this Policy Witnesseth that if during the period of Insurance or during any subsequent period in respect of which the Insured shall pay and the corporation shall agreed to accept a renewal premium.
(1). Any of the Property described in the Schedule and belonging to the Insured
or to such of the Insured’s family and domestic servants as permanently reside in the premises described in the Schedule (which premises shall not include any garden verandah yard outbuilding or other building not communicating with the main building) shall be lost or damaged by theft consequent upon actual forcible and violent entry of the premises containing the Insured property, while the said property is:
(a) In the private dwelling house mentioned in the Schedule hereto while actually inhabited by the Insured or the Insured’s family or by any servant of the Insured.
(b) In the private dwelling house while temporarily uninhabited for periods not exceeding in the aggregate ninety days in the period of Insurance.
(c) In any other dwelling house or in any inn hotel boarding house lodging house or residential club of massive construction within the Geographical area mentioned in the Schedule where the Insured may be temporarily residing provided that such temporary residence shall not exceed ninety days in the Period of Insurance.
(d) In any Safe Deposit or Bank within the Geographical Area where the Insured may remove for safe custody the property or any part thereof.
(2) Any damage for which the Insured shall be liable shall be caused to the premises mentioned in the Schedule hereto as the result of theft consequent upon actual forcible and violent entry or any attempt thereat.
The Company shall (subject to the Terms Exceptions and Conditions herein or endorsed hereon) pay to the Insured the amount of such loss or damage up to the sum Insured but not exceeding in the aggregate the Total Sum Insured in any period of Insurance or the Company may at its option reinstate such property or damage.
The Company shall not be liable in respect of:
(1) Loss or damage
(a) of or to Deeds, Bonds, Bills of Exchange, Promissory Notes, Cheques, Securities for Money stamps or stamp collections Documents of any kind Manuscripts Medals and Coins Motor Vehicles and Accessories Live Stock or Cash unless specially mentioned.
(b) arising at the Private Dwelling House while the Private Dwelling House or any part thereof is lent or sub-let.
(c) insurable by a Fire Insurance Policy.
(d) directly or indirectly occasioned by or traceable to war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war, rebellion revolution, insurrection, military or usurped power, riot, strike or civil commotion.
(2) loss or destruction of or damage to any property whatsoever or any loss or expenses whatsoever resulting or arising therefrom or any consequential loss directly or indirectly caused by or contributed to by or arising from ionizing radiation or contamination by radioactivity from the nuclear fuel. For the purpose of this exclusion only combustion shall include any self-sustaining process of nuclear fission.
(3) any loss destruction or damage directly or indirectly caused or arising from nuclear weapons material.
The Policy and the schedule shall be read together and any word or expression to which a specific meaning has been attached in any of this Policy or of the schedule shall bear such meaning wherever it may appear.
- The Insured shall take all ordinary and reasonable precautions or the safety of the Property.
- On the discovery of any occurrence which may give rise to a claim under this Policy the Insured shall immediately give written notice to the company with particulars so far as the same shall then be known to the Insured and shall within fourteen days deliver to the Company a final statement of the loss or damage sustained in the form required by the Company showing the value of the Property stolen and details of the damage done. The Company shall not be liable hereunder if such discovery be not made within ninety days of the date of the occurrence.
- Any rights of indemnity vested in the Insured against third parties for the loss or damage sustained in respect of which a claim is made hereunder may if and when the Company so desires and whether the amount of the Company’s liability hereunder has been ascertained or not be enforced by the Company for the benefit of the Company to the extent of the Company’s loss and the insured shall permit the Company to undertake in the name and on behalf of the Insured the absolute conduct control and settlement of any proceedings and to take proceedings at its own expense and for its own benefit but in the name of the Insured to recover compensation or secure indemnity from any other party in respect of anything covered by this policy.
- The Insured shall take all practicable steps to discover and punish the guilty person or persons and to trace and recover the Property lost and shall immediately upon the discovery of the loss or damage notify the Police Authorities. The Company may at any time at its own expense and without prejudice to any question between the Company and the insured take such steps as it deems fit for the recovery of any of the Property lost or stated to be lost and for this purpose the Insured shall as and when required give all information and assistance to the Company.
- If any claim be in any respect fraudulent or if any fraudulent means or devices be used by the Insured or anyone acting on the Insured’s behalf to obtain any benefit under this policy all benefit thereunder and all moneys paid in respect thereof shall be forfeited.
- The Company may at any time after the occurrence of damage to the Property Insured enter upon the Premises and take and keep possession of the property concerned and deal with the salvage, and this policy shall be proof of leave and licence for such purpose, and if the Insured or anyone acting on his behalf shall obstruct or prevent the Company from so doing, all benefit under this policy shall be forfeited. Upon payment of any claim for loss under this policy, (other than for repairs) the property in respect of which the payment is made shall belong to the Company. No property may be abandoned to the company.
- If at the time of the happening of any loss or damage covered by this Policy the Property Insured shall be collectively of greater value than the Total sum Insured, then the Insured shall be considered as being his own insurer for the difference and shall bear rateable proportion of the loss accordingly.
- If at the time of any loss or damage to any property hereby insured there shall be any other insurance effected by or on behalf of the Insured covering any of the property which is the subject of claim hereunder, the Company shall not be liable for more than its rateable proportion thereof.
- All sums which may from time to time be paid by way of indemnity under this policy in any one Period of Insurance shall be accounted in diminution of the Total sum Insured so that in case of any subsequent event giving rise to a claim occurring during the same period the total amount payable during that period by the Corporation shall not in any case exceed the Total Sum Insured. In the event of the property lost, destroyed or damaged being replaced by other property, the Corporation will at the Insured’s request extend this insurance by endorsement to include such property upon payment of the appropriate pro-rata additional premium.
- The Company shall not be bound to send any notice of the renewal premium becoming due, nor to renew this policy. The Company may at any time by giving seven days notice to the insured in writing by registered or recorded delivery letter posted to the address of the Insured as last known to Company cancel this Policy as from the date of expiry of such notice in which event the Company shall on demand return to the Insured a proportionate part of the premium corresponding to the unexpired term of the policy.
- All differences arising out of this policy shall be referred to the arbitration of some person to be appointed by both parties, or if they cannot agree upon a single Arbitrator, to the decision of two Arbitrators. One to be appointed in writing by each party, and in case of disagreement between the Arbitrators to the decision of an Umpire who shall have been appointed in writing by the Arbitrators before entering on the reference, and an Award shall be a condition precedent to any liability of the Company or any right of action against the Company. If the Company shall disclaim liability to the Insured for any claim hereunder and such claim shall not within 12 calendar months from the date of such disclaimer have been referred to arbitration under the provisions herein contained then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder.
- The due observance and fulfillment of the Terms Conditions and Endorsement so far as they relate to anything to be done or complied with by the Insured and the truth of the statements and answers in the said proposal shall be conditions precedent to any liability of the Company to make any payment under this Policy.