Home Comprehensive Insurance Policy
Please read this Policy carefully upon receipt and promptly request the Company for necessary amendments.
WHEREAS the Insured named 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 Company named in the Schedule (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 in respect of events occurring during the Period of Insurance mentioned in the Schedule and subject to the Terms of this Policy.
Section 1 - Household Contents "All Risks"
The Company will subject to the Terms of the Policy indemnify the Insured by payment, repair, reinstatement or replacement against the following events:
Accidental physical loss of or damage to Household Contents, as herein defined, contained in the Buildings at the Insured Premises specified in the Schedule PROVIDED THAT the Company shall not pay more than:
- HK$50,000 for any one single item of Household Contents including furniture, home appliances, fixtures and fittings, interior decorations.
- HK$10,000 for any one piece or set of collection of personal jewellery (including platinum, gold, silver and jade articles), watch, fur, antique and painting subject to an aggregate limit of HK$150,000 during each period of insurance.
- HK$30,000 for any one set of personal computer equipment including accessories or audio or video equipment including Hi-Fi, musical instruments, camera and its accessories subject to an aggregate limit of HK$100,000 during each period of insurance.
- HK$2,500 for collection of stamps, coins or medals and subject to an aggregate limit of HK$5,000 during each period of insurance.
- HK$1,000 for all others unless declared to the Company and specified in the Schedule.
The Company will indemnify the Insured on a "New for Old" basis as explained below:
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- Where the Damage can be economically repaired, the Company will either arrange or authorise repair.
- Where the Damaged or Lost article can be replaced with an article of similar quality, the Company will either arrange or authorise replacement or replace as new with an article of similar quality.
- Where the Company is unable to economically repair or replace the article with an article of similar quality, the Company will make a cash payment equal to an agreed replacement value.
- Where the Company offers repair or replacement but the Insured prefers a cash settlement, the Company will pay the Insured an amount equal to the amount the Company would have paid had the article been repaired or replaced.
- For clothings and household linens, furs, footwears, curtains, upholsteries, the Company may make a deduction for wear, tear and depreciation.
- For Household furniture including: pianos and organs, household appliances including refrigerators, record players, radios, television sets and similar electrical property for domestic use; fixed and unfixed carpets, the basis of settlement will be the cost of reinstatement or repair to a condition substantially the same as but not better nor more expensive than their condition when new without any deduction for wear, tear or depreciation.
- In the case of loss of or damage to any article or articles, whether scheduled or unscheduled, which are a part of a set, the measure of loss of or damage to such article or articles shall be the rateable proportion of the total value of the set, and in no event such loss or damage be construed to mean total loss of the set.
- In the case of loss of or damage to any part of the Insured property whether scheduled or unscheduled consisting, when complete for use, of several parts, the Company shall only be liable for the value of the part lost or damaged, including the cost of installation.
- If the property insured shall at the time of the time of any event giving rise to a claim under this policy be collectively of greater value than the Sum Insured thereon, then the Insured shall be considered as being his/her own insurer for the difference and shall bear a rateable proportion of the loss accordingly. Each item of this Policy shall be separately subject to this condition.
The Company will pay for
Accidental physical loss of or damage to Household Contents whilst temporarily removed from the Buildings for cleaning, renovation, repair or other similar purposes, not for depository, but remaining in other premises within the Geographical Area PROVIDED THAT the amount recoverable hereunder shall in no case exceed:
- HK$3,000 for each item and
- in total the amount equal to the Sum Insured under Section 1 times the percentage specified in the Schedule as Temporary Removal Limit.
Cover hereunder is distinct and separate from cover under 1.3 below.
Accidental physical loss of or damage to Household Contents whilst in transit between the Buildings and any new home of the Insured within the Geographical Area, but excluding the first amount of any claim specified in the Schedule as Contents Transit Excess PROVIDED THAT the amount recoverable hereunder shall in no case exceed:
- HK$3,000 for each item and
- in total the amount equal to the Sum Insured under Section 1 times the percentage specified in the Schedule as In Transit Limit.
Cover hereunder is distinct and separate from cover under 1.2 above.
Money lost by theft in the Buildings PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount specified in the Schedule as Loss of Money Limit.
Cost of Replacement door locks and/or window locks of the Buildings following loss of keys with items that are of similar but not better quality PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount specified in the Schedule as Replacement of Locks Limit.
Cost of replacing frozen food in the Insured's refrigerator spoiled by:
- accidental breakdown of the refrigerator, notwithstanding what is stated in Exception 1E.1 (b) below;
- refrigerant fumes;
- accidental failure of electricity or gas supply, provided that such failure is not caused by the deliberate act of the Insured or public utilities concerned
PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount specified in the Schedule as Frozen Food Limit.
Reasonable expenses of alternative accommodation actually incurred by the Insured during the period necessary for the reinstatement of the Buildings in the event of the Buildings being rendered uninhabitable due to loss or damage covered under this Policy PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount equal to the Sum Insured under Section 1 times the percentage specified in the Schedule as Alternative Accommodation Limit. Cover hereunder is distinct and separate from cover under Section 2 -2.2 below.
Cost of removal of debris at the Buildings necessarily incurred by the Insured due to loss or damage covered under this Policy PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount specified in the Schedule as Removal of Debris Limit.
If the Insured shall suffer bodily injury whilst in the Buildings caused by violent external and visible means and sustained as a result of fire or caused by thief and if such bodily injury shall within three calendar months result in the death of the Insured, subject to the Death Compensation Limit specified in the Schedule, compensation to the Insured's personal representatives. Where the Insured is named in the Schedule as comprising of two or more persons, each such person is entitled only to a portion of the Death Compensation Limit by dividing the Death Compensation Limit equally amongst the total number of persons jointly named as the Insured.
Accidental physical loss or damage to wallpapers and paint belonging to the Insured or where the tenant is legally responsible under a tenancy agreement for the decorative state of the interior walls PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount specified in the Schedule as Wallpaper and Paint Limit.
Accidental physical loss or damage to external television and radio antennae, aerials, aerial fittings, masts and towers EXCLUDING loss or damage caused by hurricane, cyclone, typhoon or windstorm PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount specified in the Schedule as External TV etc. Limit.
Accidental physical loss or damage to breakage caused by an Insured Peril of interior fixed glass panes contained in the Building, PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount specified in the Schedule as Breakage to Interior Fixed Glass Panes Limit.
1E.1 The Company will not pay for loss or damage caused by or contributed to:
- wear, tear, moths, vermin, insects, damp, rust, rot, corrosion, the action of light or atmosphere;
- electrical or mechanical breakdown or derangement;
- misuse or use contrary to manufacturers' instructions, inherent defect or faulty design in materials, plan or specification;
- domestic animals belonging to or in the custody of the Insured;
- denting, chipping or scratching;
- any deliberate act or neglect of the Insured.
1E.2 The Company will not pay for loss or damage to:
- sporting equipment, spectacles and contact lenses whilst in use;
- computer records;
- electrical bulbs and/or valves;
- plant, landscape and the like;
- properties contained in or on verandahs, balconies, patios, terraces, forecourts and in the open generally;
- properties more specifically insured under another policy.
1E.3 The Company will not pay for loss or damage caused by theft if the premises remain unoccupied for a period of more than fourteen consecutive days without written consent from the Company notwithstanding what is stated in General Exception 7.
The maximum amount of the Company will pay under this Section during the period of insurance is the Total Sum Insured shown on the Schedule against this Section and is inclusive of all the above Extra Benefits.
Section 2 - Buildings "All Risks"
The Company will subject to the Terms of the Policy indemnify the Insured by payment, repair, reinstatement or replacement against the following events:
Accidental physical loss of or damage to the Buildings, as herein defined, at the Insured Premises specified in the Schedule.
The Company will indemnify the Insured with the cost of repair following partial damage or replacement as new following total loss or destruction, subject to the repairs or replacement being carried out. The Sum Insured on Buildings must represent the full rebuilding costs at the time of the loss or damage. If it does not, then payment will be made after a deduction for any wear, tear or depreciation. The Company will not pay, in addition, any reduction in market value.
The Company will not pay for the replacement of or work on any undamaged items or remaining parts of the Buildings solely because they form part of a set, suite, group or collection of articles of a similar nature, colour, pattern or design.
The Company will pay for
Reasonable expenses of alternative accommodation or Loss of rent payable to the Insured (the former regarding the Insured's interests as the occupier of the Buildings and the latter as the owner of the Buildings) actually incurred by the Insured during the period necessary for the reinstatement of the Buildings in the event of the Buildings being rendered uninhabitable due to loss or damage covered under this Policy PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount equal to the Sum Insured under Section 2 multiplied by the percentage specified in the Schedule as Alternative Accommodation or Loss of Rent Limit. In case the Insured is the owner and is simultaneously interested both as occupier and lessor, indemnity hereunder shall be apportioned according to the area of those parts of the Buildings occupied by the Insured and the lessees respectively.
Architects' and Surveyors' Fees (for estimates, plans specifications, quantities, tender and supervision) necessarily incurred in the reinstatement or replacement of the Buildings hereby insured due to loss or damage covered under this Policy except insofar as the Company elects to reinstate or replace wholly or in part any property so damaged or destroyed PROVIDED THAT the amount payable in respect of such fees shall not include expenses incurred in connection with the preparation of the Insured's claim, PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount equal to the Sum Insured under Section 2 multiplied by the percentage specified in the Schedule as Architects' and Surveyors' Fees Limit .
Cost of removing debris, dismantling and/or demolishing, shoring up or propping of the portion or portions of the Buildings necessarily incurred by the Insured due to loss or damage covered under this Policy PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount specified in the Schedule as Removal of Debris Limit.
Accidental physical loss or damage to breakage caused by an Insured Peril of window panes (including the cost of boarding up broken windows) contained in the Building, PROVIDED THAT the Company's limit of liability hereunder shall not exceed the amount specified in the Schedule as Breakage of Window Panes Limit.
(refer to General Exceptions)
The maximum amount of the Company will pay under this Section during the period of insurance is the Total Sum Insured shown on the Schedule against this Section and is inclusive of all the above Extra Benefits.
Section 3 - Public & Personal Liability
The Company will, subject to the amount specified in the Schedule as Limit of Indemnity, indemnify the Insured against all sums for which the Insured and member of the Insured's family including domestic servants (ordinarily residing with the Insured at the Insured Premises specified in the Schedule) may be legally liable:
- as a private householder
- as a private owner
- in private and personal capacity other than (A) and (B) above in respective of:
- accidental bodily injury (whether fatal or not),
- accidental damage to property
occurring during the Period of Insurance and within the Geographical Limits, including all costs and expenses recoverable by any claimant from the Insured and all costs and expenses incurred with the written consent of the Company.
In the event of the death of the Insured, the Company will, in respect of the liability incurred by the Insured, indemnify the Insured's personal representatives in the terms of and subject to the Limitations of this Section provided that such personal representatives shall as though they were the Insured observe, fulfill and be subject to the Terms of this Policy so far as they can apply. For the purpose of this Section, the Insured shall be deemed to include the husband or wife of the Insured.
The Company is entitled to pay at any time to the Insured the Limit of Liability or any lesser amount for which any claim or claims can be settled and upon such payment, the Company shall relinquish conduct and control of and be under no further liability hereunder in connection with such claim or claims except for costs and expenses incurred with the written consent of the Company in respect of the conduct of such claim or claims before the date of such payment.
- Hong Kong
- Worldwide in respect of temporary visits not exceeding 30 consecutive days each visit (applicable to 3.1 (C) above only).
3E.1 The Company shall not be liable in respect of:
- the ownership, occupation or use of any land or building other than the Insured Premises specified in the Schedule.
- bodily injury to any person being a member of the Insured's family or household or at the time of sustaining such injury engaged in and upon the service of the Insured;
- damage to property belonging to or in the charge of or under the control of the Insured or a member of the Insured's family or household or of a person in the service of the Insured;
- bodily injury or damage arising out of or incidental to the exercise of any trade, profession or employment.
- any liability which attaches by virtue of an agreement but which would not have attached in the absence of such agreement;
- nuisance or any deliberate act of any person whatsoever.
- the ownership, possession, driving or use of mechanically-propelled vehicles, aircraft or watercraft.
- the use of any horses for hunting, racing or polo.
- the ownership, use or possession of any animals other than domestic dogs or cats.
- fines, penalties, punitive or exemplary damages.
The indemnity provided by this Policy shall not apply in respect of judgements which are not in the first instance delivered by or obtained from a Court of competent jurisdiction within Hong Kong nor to orders obtained in the said Court for the enforcement of judgements made outside Hong Kong whether by way of reciprocal agreement or otherwise.
The maximum liability of the Company under this section for all sums payable arising out of one occurrence or series of occurrences consequent on one source or original cause will not be more than HK$5,000,000. The Company may in connection with any one claim or number of claims arising out of one occurrence pay to the Insured the Limit of Indemnity (after deduction of any sum or sums already paid as compensation) or any less amount for which such claim or claims can be settled and thereafter the Company shall be under no further liability under this Section in connection with such claim or claims except for costs and expenses of litigation recoverable or incurred in respect of the conduct of such claim or claims prior to the date of such payment.
Section 4 - Worldwide "All Risks"
The Company will subject to the terms of the policy indemnify the Insured in respect of valuables and personal effects against any accidental physical loss or damage happening anywhere in the World.
Jewellery, items of gold, silver or other precious metals, watches and furs.
Articles of personal use specially designed to be worn or carried, belonging to the Insured or any member of his/her Family.
4E.1 The Company will not cover:
- contact or corneal lenses, spectacles, lighters and pens.
- malicious acts by the Insured or any member of the Insured's Family ordinarily residing with the Insured.
- loss or damage caused by or contributed to domestic animals which the Insured own or are in the Insured custody, care or control
- inherent fault or defective workmanship, defective material or design.
- scratching, denting, wear, tear, deterioration, gradual depreciation, moth, insects, or vermin, or any process of cleaning, repairing or restoring any article, or the action of light or atmosphere or climatic conditions, overwinding of clocks or watches, or damage to articles of a brittle nature, or mechanical breakdown or application of electrical energy.
- theft or attempted theft by any relative of the Insured ordinarily residing with the Insured.
- any accident of loss or destruction of or damage to any property directly or indirectly caused by or arising from the burning or confiscation or detention of property by the Customs or by order of any Government or Public Authority.
- any accident or any loss or destruction of or damage to any property despatched as cargo by land or sea or air under a Bill of Lading or Airway Bill or sent by Post.
The Company will pay for
- Personal Money/Credit Cards
- Personal Money lost out of the Insured Premises under this extension up to HK$2,500 per occurrence; and
- Losses due to unauthorised use of Credit Cards up to HK$10,000 per occurrence.
Provided that the Insured comply with all the terms and conditions under which the credit card is issued and report within 24 hours after discovery of all losses of money and/or credit cards to the Police and for loss of credit cards, additionally to the issuer of the credit cards and that the Insured loss cannot be recovered from any other source. Any claim payment will not be more than HK$20,000 in aggregate during each period of insurance
- Personal Documents The cost reasonably and necessarily incurred for applying for replacement of credit cards, passports and personal documents including identity card and any certificate of identity for the Insured or the Insured's Family following accidental loss of baggage or purse out of the Insured's premises belonging to the Insured or the Insured's Family. Any claim payment will not be more than HK$1,000 in the aggregate during each period of insurance.
The Company will pay up to the Sum Insured for each item in the Schedule for the cost of:
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- repair if an item is partially damaged,
- replacement as new if an item is totally lost or destroyed, subject to the repairs or replacement being carried out.
For clothings and furs, the Company may make a deduction for wear, tear and depreciation.If a damaged item can be repaired but the repair is not carried out, the Company will pay the reduction in value of the item as a result of the loss or damaged but not exceeding the estimated cost of repair. If an item has been totalling lost or destroyed or cannot be satisfactorily repaired and replacement is not carried out, the Company will pay the value of the item at the time of the loss or damage.
- In the case of loss of or damage to any article or articles, whether scheduled or unscheduled, which are a part of a set, the measure of loss of or damage to such article or articles shall be the rateable proportion of the total value of the set, and in no event such loss or damage be construed to mean total loss of the set. In the case of loss of or damage to any part of the Insured property whether scheduled or unscheduled consisting, when complete for use, of several parts, the Company shall only be liable for the value of the part lost or damaged, including the cost of installation.
- The Company will not pay more than HK$3,000 for any individual single item unless specified in the Schedule.
- If the property insured shall at the time of any event giving rise to a claim under this policy be collectively of greater value than the Sum Insured thereon, then the Insured shall be considered as being his/her own insurer for the difference and shall bear a rateable proportion of the loss accordingly. Each item of this Policy shall be separately subject to this condition.
The maximum amount of the Company will pay under this Section during the period of insurance is the Total Sum Insured shown on the Schedule against this Section and is inclusive of all the above Extra Benefits.
General Definitions
The following terms, when used in this Policy, shall have the below-mentioned meaning
The buildings of the private dwelling house or private flat situated at the Insured Premises as described in the Schedule and of all garages and outbuildings used solely in connection therewith and on the same premises and shall include landlord fixtures and fittings therein and the walls, gates and fences around and pertaining thereto. Provided that for the purposes of Section 2, the Buildings shall be deemed to exclude:
- any property not belonging to the Insured or for which he is not legally responsible;
- any property the value of which is included in the Total Sum Insured on Contents.
Furniture, household goods and personal effects (except any specifically insured in the Schedule as separate items) the property of the Insured or any member of his/her family including his/her domestic servant normally residing with him/her and fixtures and fittings the property of the Insured or for which he/she is legally responsible, excluding:
- property more specifically insured under another policy;
- deeds, bonds, bills of exchange, promissory notes, cheques, travellers' cheques, securities for money, documents of any kind, cash, currency notes, manuscripts, motor vehicles and accessories, pedal cycles and livestock unless specially mentioned in the Schedule;
- any part of the structure or ceilings of the Buildings.
- any property the value of which is included in the Total Sum Insured on Building;
- property contained in or on verandahs, balconies, patios, terraces, forecourts, garages and in the open generally.
Hong Kong (other than Section 4)
Any accident, loss, damage, expense, liability or bodily injury.
Cash, currency notes, coins, cheques, postal orders, bankers drafts, travel tickets, saving certificates, current postage stamps, gift tokens, all held for social and domestic purposes but also limited to the face value thereof and not for any commemorative sentimental antique or rarity value whatsoever.
The terms exceptions and conditions contained herein or endorsed hereon.
General Exceptions
This insurance does not cover:
- Acts of fraud or dishonesty of the Insured or any member of the Insured's family ordinarily residing with the Insured including his/her domestic servant.
- Any losses occasioned by or through or in consequence directly or indirectly of:
- war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war;
- mutiny, riot, strike, civil commotion, military or popular uprising, insurrection, rebellion, revolution, military or usurped power, martial law or state of siege or any of the events or causes which determine the proclamation or maintenance of martial law or state of siege.
In any action, suit or other proceeding where the Company alleges that by reason of the provisions of this general Exception any Losses are not covered by this insurance, the burden of proving that such Losses are covered shall be upon the Insured.
- Any losses or Legal Liability occasioned by or through or in consequence directly or indirectly of confiscation, commandeering, requisition or destruction of or damage to the Buildings or the Contents by order of the Government de jure or de facto or any public, municipal or local authority of the country or area in which the Buildings are situated.
- Any Losses directly or indirectly caused by or arising from or in consequence of or contributed to by:
- nuclear weapons material;
- ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel and, solely for the purpose of this exception, combustion shall include any self-sustaining process of nuclear fission.
- Any loss or damage caused by or resulting from unexplained or mysterious disappearance.
- Consequential loss or damage of any kind except as otherwise provided in this Policy.
- Any loss or damage to Household Contents and/or Building when the Premises are left unoccupied for a period in excess of 60 consecutive days without written consent from the Company, except the loss or damage caused by the event of fire, lightning, thunderbolt, explosion, earthquake, typhoon & windstorm, bursting of pipes and flood.
- The amount specified in the Schedule as Compulsory Excess being the first amount of each and every loss as ascertained after the application of any Condition of Average. In so far as concerns any loss caused by typhoon windstorm flood earthquake landslip or other natural perils, this Compulsory Excess will apply to each and every loss occurring within each and every separate period of 72 consecutive hours during the currency of this Policy. Should any loss triggers the cover under more than one Section of this Policy simultaneously, the highest Compulsory Excess shall be applied only once and not to each Section separately but shall be applied to whichever Section at the Company's discretion.
- DAMAGE and/or CONSEQUENTIAL LOSS directly or indirectly caused by or consisting of or arising from the failure or inability of any computer, data processing equipment or media, microchip, embedded chip, integrated circuit or similar device or any computer software, whether the property of the insured or not, and whether occurring before, during or after the year 2000.
- correctly to recognise any date as its true calendar date
- to capture save or retain, and/or correctly to manipulate, interpret or process any data or information or command or instruction as a result of treating any date
- to capture save retain or correctly to process any data as a result of the operation of any command which has been programmed into any computer software, being a command which causes the loss of data or the inability to capture save retain or correctly to process such data on or after any date
General Conditions
- Identification
This Policy and the Schedule (which forms an integral part of the 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.
- Policy Voidable
This Policy shall be voidable by the Company in the event of misrepresentation, misdescription or non-disclosure in any material particular by the Insured.
- Forfeiture of Benefits
All benefits under this Policy shall be forfeited:
- if any claim made be in any respect fraudulent;
- if any fraudulent means or devices are used by the Insured or any one acting on his behalf to obtain benefit under this Policy;
- if any Damage is caused by the wilful act or with the connivance of the Insured;
- if the Insured or any person acting on his behalf shall hinder or obstruct the Company in the exercise of its rights;
- in respect of any claim made and rejected if an action or suit be not commenced within twelve months after such rejection;
- in respect of any claim where arbitration takes place pursuant to Condition 11 of this Policy and an action or suit be not commenced within twelve months after the making of an arbitration award.
- Reasonable Precautions
The Insured shall:
- use all reasonable diligence and care to keep the Buildings in a proper state of repair and if any defect therein be discovered shall cause such defect to be made good as soon as possible and shall in the meantime cause such additional precautions to be taken for the prevention of injury, loss or damage as the circumstances may require and the Company shall not be liable for any Losses caused by a defect which the Insured has failed to remedy after having received notice of such defect either from the Company or any person or public body;
- exercise all reasonable precautions for the maintenance and safety of the property insured under Sections 1, 2 and 4.
- Claims (Action by the Insured)
In the event of any happening which may give rise to a claim under this Policy, the Insured or the Insured's personal representatives shall:
- give immediate notice in writing to the Company;
- give immediate notice to the Police if there has been theft or any attempt thereat;
- at the Insured own expense supply the Company with full particulars in writing as soon as possible not later than Thirty days after the occurrence of the Loss;
- if a claim may arise under Section 3, send to the Company any writ summons or other legal process issued or commenced against the Insured and shall give all necessary information and assistance to enable the Company to settle or resist any claim or to institute proceedings;
- not incur any expense in making good any loss or damage without the written consent of the Company and shall not negotiate, pay, settle, admit or repudiate any claim without the like consent;
- give the Company all such information as the Company may reasonably require.
- Possession Rights
On the happening of any loss or damage, the Company and any person authorised by the Company may without hereby incurring any liability or diminishing any of the Company's rights under this Policy:
- enter any building where the loss or damage has happened;
- take or keep possession of the property insured;
- deal with the salvage in a reasonable manner;
but no Property may be abandoned to the Company whether taken possession of by the Company or not.
- Option to Reinstate
In so far as concerns Section 1, 2 and 4, the Company may at its option, repair or replace the property lost or damage, or any part thereof, instead of paying the amount of the lost or damage, or may join with any other persons companies or insurers in so doing, but the Company shall not be bound to repair exactly or completely, but only as circumstances permit and in reasonably sufficient manner, and in no case shall be the Company be bound to expend more in repair than it would have cost to repair such Property as it was at the time of the occurrence of such Damage, nor more than the sum insured thereon. If the Company so elects to repair or replace any property, the Insured shall at this own expense furnish the Company with such plans specifications measurements quantities and such other particulars as the Company may require, and no acts done or caused to be done by the Company with a view to repair or replace shall be deemed an election by the Company to repair or replace. If in any case the Company shall be unable to repair or replace the property because of any municipal or other regulations in force affecting the alignment of streets, or the construction of buildings, or otherwise, the Company shall, in every such case, only be liable to pay such sums as would be required to repair or replace such property if the same could lawfully be repaired to its former condition.
- Contribution
- if at the time of any Losses, there be any other insurance effected by or on behalf of the Insured against such Losses, the liability of the Company hereunder shall be limited to its ratable proportion as the sum hereby insured or the Limit of Liability hereby bears to the total sums insured or the total Limits of Liability of all insurances covering such Losses.
- if any such other insurance is expressed to cover any of the Losses, but is subject to any provision whereby it is excluded from ranking concurrently with this Policy either in whole or in part or from contributing ratably to the Losses, the liability of the Company hereunder shall be limited to such proportion of the Losses as:
- the sum hereby insured bears to the total value at risk under Sections 1, 2 and 4 respectively;
- the Limit of Liability hereby bears to the total Limits of Liability of all insurances regarding liability under Section 3.
- Subrogation
The Insured shall at the request and at the expense of the Company do and concur in doing and permit to be done all such acts and things as may be necessary or reasonably required by the Company for the purpose of enforcing any rights and remedies or of obtaining relief or indemnity from any other parties, to which the Company shall be or would become entitled or subrogated upon its providing indemnity for any Losses covered under this Policy, whether such acts and things shall be or become necessary or required before or after indemnification by the Company.
- Cancellation
This Policy may be terminated:
- at any time by the Insured on notice to that effect being given in writing to the Company, in which case the Company will retain the customary short period rate for the time the Policy has been in force or the customary minimum premium of HK$500.
- by the Company on notice seven days' advance notice to that effect being given in writing to the Insured's last known address, in which case the Company shall be liable to repay on demand a ratable proportion of the premium for the unexpired term from the date of the cancellation.
- Arbitration
If any difference shall arise as to the amount to be paid under this Policy such difference shall be determined by arbitration in accordance with the Arbitration Ordinance and subsequent amendments. If the parties fail to agree upon the choice of arbitrators or umpires, then the choice shall be referred to the Chairman for the time being of the Hong Kong International Arbitration Centre. It is hereby expressly stipulated that it shall be a condition precedent to any right of action or suit upon this Policy that an arbitration award shall be first obtained.