CONSEQUENTIAL LOSS POLICY
 

In Consideration of the Insured paying to the Company the First Premium The Company agrees (subject to the Conditions contained herein or endorsed or otherwise expressed hereon)that if any building or other property or any part thereof used by the Insured at the Premises for the purpose of The Business be destroyed or damaged by:
1

Fire

2 Lightning
3 Explosion, in a building in which gas is not generated and which does not form part of any gasworks, of gas used therein for illuminating or domestic purposes.

(Destruction or damage so caused being hereinafter termed Damage) at any time after payment of the premium and before the time specified in the Schedule on the last day of the period of insurance or of any subsequent period in respect of which the premium required for the renewal of this Policy shall have been paid to and accepted by the Company and the business carried on by the Insured at the premises be in consequence thereof interrupted or interfered with

 
 

Then the Company will pay to the Insured in respect of each item in the Schedule hereto the amount of loss resulting from such interruption or interference in accordance with the provisions therein contained

Provided that at in the time of the happening of the Damage there shall be in force an insurance covering the interest of the Insured in the property at the premises against such Damage and that payment shall have been made or liability admitted therefore under such insurance

And that the liability of the Company shall in no case exceed in respect of each item the sum expressed in the said Schedule to be insured thereon or in the whole the total sum insured hereby or such other sum or sums as may hereafter be substituted therefore by memorandum signed by or on behalf of the Company

 
EXCLUSIONS
 
1. This insurance does not cover
Loss occasioned by or happening through or in consequence of :
1.1 The burning of property by order of any Public Authority
1.2 Subterranean Fire.
1.3 Explosion except as stated on the face of this Policy.
1.4 The burning, whether accidental or otherwise, of forest, bush, prairie, pampas or jungle and the clearing of land by fire.
1.5
Damage to property occasioned by its own fermentation, natural heating or spontaneous combustion or by its undergoing any heating or drying process.
1.6 Loss or damage directly or indirectly caused by or arising from or in consequence of or contributed to by nuclear weapons material.
1.7 Loss or damage directly or indirectly caused by or arising from or in consequence of or contributed to by ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. For the purpose of this Condition 1(7) only. combustion shall include any self-sustaining process of nuclear fission.
 
2. This insurance does not cover
This insurance does not cover any loss resulting from Damage occasioned by or through or in consequence, directly or indirectly, of any of the following occurrences, namely:
2.1 Earthquake or other convulsion of nature;
2.2 typhoon, hurricane, tornado, cyclone or other atmospheric disturbance;
2.3
War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war;
2.4
Mutiny, riot, strike, military or popular rising, insurrection, rebellion, act of terrorist movements, act of communist terrorism, revolution, military or usurped power, martial law or any of the events or causes which determine the proclamation or maintenance of martial law;
Any loss resulting from Damage happening during the existence of abnormal condition (whether physical or otherwise) which are occasioned by or through or in consequence, directly or indirectly ,of any of the said occurrences shall be deemed to be loss which is not covered by this insurance, except to the extent that the insured shall prove that such Damage happened independently of the existence of such abnormal conditions.

In any action, suit or other proceeding where the Company alleges that by reason of the provision of this condition any loss is not covered by this insurance, the burden of proving that such loss is covered shall be upon the Insured
 
CONDITIONS UPON WHICH THIS POLICY IS GRANTED
 
1.  
If there be any material misdescription of the business or premises to which this insurance refers or any misrepresentation as to any fact material to be know for estimating the risk, or any omission to state such facts, the Company shall not be liable upon this policy.
 
2.  

The insured shall give notice to the company of any insurance or insurances already effected or which may subsequently be effected, covering any of the loss hereby insured against and unless such notice be given and the particulars of such insurance or insurances be stated in or endorsed on this Policy by or on behalf of the Company before the occurrence of any Damage. all benefit under this Policy shall be forfeited.

 
3.  

The insurance by this Policy shall cease if:

3.1 The business be wound up or carried on by a liquidator or Receiver or permanently discontinued , or
3.2 The insured 's interest cease otherwise than by death or
3.3 Any alternations be made either in the business or in the premises or property therein whereby the risk of Damage increased
 
4.  
Notice shall be given to the company . and if required, an additional premium paid , if the rate of premium payable in respect of the insurance covering the interest of the Insured in the property at the premises against Damage shall be increased.
 
5.  
Immediately upon any fall or displacement
5.1
of any building Damage to which might give rise to a claim under this Policy
5.2
of any part of such building
5.3
of the whole of any part of any range of buildings or of any structure of which such building forms part the insurance under this Policy shall case in respect if loss resulting from Damage to such building or property therein

PROVIDED THAT -

1
Such fall or displacement is of the whole or a substantial or important part of such building or impairs the usefulness of such building or any part thereof or leaves such building or any part thereof or any property contained therein subject to increased risk of Damage or is otherwise material.
2
Such fall or displacement is not caused by Damage . Loss resulting from which is covered by this Policy or would be covered if such building , range of buildings or structure were included in the premises to which this Policy refers.

If any claim be made upon this Policy in consequence of Damage whether occurring before, during or after such fall or displacement the Insured shall produce such proof as may reasonable be required that the loss was not , either in origin or in extent , direct or indirect, proximately or remotely , occasioned by or contributed to by any such fall or displacement and did not either in origin or extent, directly or indirectly , proximately or remotely , arise out of or in connection with any such fall or displacement.

In any action, suit or other proceeding the burden of proving that any fall or displacement is caused by Damage shall be upon the insured.

 
6.  
 
On the happening of any damage the Insured shall forthwith give notice thereof in writing to the Company and shall use due diligence and do and concur in doing all things in reasonably practicable to minimize any interruption of or interference with the business and to avoid or diminish the loss and the Insured shall forthwith deliver to the Company a Statement in writing or any claim certified by the Accountant whose reasonable fee will be paid by the Company with all particulars and details reasonably practicable of the loss and shall produce and furnish all books of account and other business books, invoices , vouchers and other documents proofs information explanations and other evidence and facilities as may reasonably be required fro investigation and verification of the and if required a statutory declaration in verification of the particulars, No claim under this policy shall be payable unless and until the terms of this Condition have been complied with and in the event of non-compliance therewith in any respect , any payment on account of the claim already made shall be repaid to the Company forthwith

Accountant -the term "Accountant" under this Condition shall mean a professional accountant , to be appointed by the Company and the Insured , or failing such appointment, nominated by the office of the board supervision of auditing practices ( of Thailand ) .
   
7.  
  The Insured shall , at the expense of the Company do and concur in doing, and permit to be done, all such acts and things as maybe necessary or reasonably required by the Company for the purpose of enforcing any rights and remedies. or of obtaining relief or indemnity from other parties to which the Company shall be or would become entitle or subrogated, upon its paying for any loss under this policy, whether such acts and things shall be or become necessary or required before or after his indemnification by the Company.
 
8.  

If the claim be in any respect fraudulent, or if and y false declaration be made or used in support thereof, or if any fraudulent means or devices are used by the insured or any one acting on his behalf to obtain any benefit under this policy or if the Damage be occasioned by the wilful act, or with the connivance of the Insured, or, if the claim be made rejected and an action or suit be not commenced within three months after such rejection, or (in case of and arbitration taking place in pursuance of the 14 th Condition of this policy) within three months after the Arbitrator or Arbitrators or Umpire shall have made their award, all benefit under this policy shall be forfeited.

 
9.  
If at the time of any loss under this policy there be any other subsisting insurance or insurances, whether effected by the Insured or by any other person or persons, covering such loss or any part of it the Company shall not be liable to pay or contribute hereunder more than their rateable proportion of such loss
 
10.  
If any difference arises as to the amount of any loss such difference shall independently of all other questions be referred to the decision of an Arbitrator to be appointed in writing by the parties in difference, or if they cannot agree upon a single Arbitrator, to the decision of two disinterested persons as Arbitrators, of whom one shall be appointed in writing by each of the parties within two calendar months after having been required to do so in writing by the other part. In case either party shall refuse or fail to appoint an Arbitrator within two calendar months after receipt of notice in writing requiring an appointment, the other party shall be at liberty to appoint a sole arbitrator, and in case of disagreement between the Arbitrator, the difference shall be referred to the decision of an Umpire who shall have been appointed by them in writing before entering on the reference and who shall sit with the Arbitrators and preside at their Meetings. The death of any party shall not revoke or affect the authority or powers of the Arbitrator, Arbitrators or Umpire respectively, and in the event of the death of an Arbitrator or Umpire, another shall in each case be appointed in his stead by the Party or Arbitrators (as the case may be) by whom the Arbitrator or Umpire making he award. And it is hereby expressly stipulated and declared that it shall be a condition precedent to any right of action or suit upon this Policy that award by such Arbitrator, Arbitrators or Umpire of the amount of the loss if disputed shall be first obtained.
 
11.  

This insurance may be terminated at any time at the request of the Insured, in which case the Company will retain the customary short period rate for the time the policy has been in force. This insurance may also at any time be terminated at the option of the Company on notice to that effect being given to the insured, in which case the Company shall be liable to repay on demand a rateable proportion of the premium for the unexpired term from the date of the cancelment.

 
12.  
(a)

One year from the end of the Indemnity Period or, if later.

(b)

There months from the date on which payment shall have been made or liability admitted by the Company Covering the Damage giving rise to the said claim:unless the claim is the subject of pending action or arbitration.

 
13.  

No payment is respect of any premium shall be deemed to be payment to the Company unless a printed form of receipt for the same signed by an Official or duly appointed Agent of the Company shall have been given to the Insured.

 
14.  
This Policy and the Schedule annexed (which forms and integral Part of this Policy) shall be read together as one contract and words and expressions to which specific meanings have been attached in any part of this Policy or of the Schedule shall bear such specific meanings wherever they may appear
 
15.  

Every notice and other communication to the Company required by these conditions must be writing or printed.

 
IMPORTANT NOTICE
 
 
The Policy Wording displayed above is meant for reference only, and should under no circumstances be used without the express written consent of Asia Insurance (Cambodia) Plc.
   
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