| IMPORTANT NOTES ABOUT THIS INSURANCE |
IMPORTANT
This is your Home Shield Online Policy Terms and Conditions. Please read the wordings carefully and make sure you fully understand this document. If you have any questions about this insurance, please telephone or write to us. |
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| This Policy is an evidence of the contract between you and Royal Sundaram Alliance Insurance Company Limited. |
| The information given to us in the proposal form and declaration signed by you forms the basis of this contract. |
| The Policy, the Schedule and any Endorsement shall be read together and any word or expression to which a specific meaning has been attached in any one of them shall bear such meaning wherever it appears. |
| Provided you pay the premium and we agree to accept it, we will provide the insurance described in the Policy. |
| The terms, conditions and exclusions that appear in the Policy or in any Endorsement are part of the contract and must be complied with. Failure to comply may result in a claim being denied. |
| Insured/You/Your |
| The person named as Insured in the Schedule of the Policy. |
| Company/We/Us/Our |
| Royal Sundaram Alliance Insurance Company Limited. |
| Endorsement |
| Period of Insurance |
| The period shown in the Schedule of the Policy for which you have paid and we have accepted your premium. |
| Kutcha Construction |
| Building(s) having walls and/or roofs of wooden planks/ thatched leaves and/or grass/ hay of any kind/bamboo/ plastic cloth/asphalt cloth/canvas/tarpaulin and the like shall be treated as 'Kutcha' construction. |
| FIRE & ALLIED PERILS SECTION |
| BENEFITS |
| Company Limited (hereinafter called the Company) the fullpremium mentioned in the said schedule, the Companyagrees, (Subject to the Conditions and Exclusions containedherein or endorsed or otherwise expressed hereon) that ifafter payment of the premium the Property insured describedin the said Schedule or any part of such Property bedestroyed or damaged by any of the perils specified hereunderduring the period of insurance named in the said scheduleor of any subsequent period in respect of which theInsured shall have paid and the Company shall have acceptedthe premium required for the renewal of the policy, theCompany shall pay to the Insured the value of the Property atthe time of the happening of its destruction or the amount ofsuch damage or at its option reinstate or replace such propertyor any part thereof: |
| I. Fire |
| Excluding destruction or damage caused to the property insured by |
| (a) |
| (i) its own fermentation, natural heating or spontaneous combustion. |
| (ii) its undergoing any heating or drying process. |
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| (b) |
| burning of property insured by order of any Public Authority. |
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| II. Lightning |
| III.Explosion/Implosion |
| IV. Aircraft Damage |
| Loss, destruction or damage caused by Aircraft, other aerial or space devices and articles dropped therefrom excluding those caused by pressure waves. |
| V. Riot, Strike, Malicious Damage |
Loss of or visible physical damage or destruction by external violent means directly caused to the property insured but excluding those caused by:
| (a) |
total or partial cessation of work or the retardation or interruption or cessation of any process or operations or omissions of any kind |
| (b) |
Permanent or temporary dispossession resulting from confiscation, commandeering, requisition or destruction by order of the Government or any lawfully constituted Authority. |
| (c) |
Permanent or temporary dispossession of any building or plant or unit or machinery resulting from the unlawful occupation by any person of such building or plant or unit or machinery or prevention of access to the same. |
| (d) |
Burglary, housebreaking, theft, larceny or any such attempt or any omission of any kind of any person (whether or not such act is committed in the course of a disturbance of public peace) in any malicious act. |
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| VI Storm, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood and Inundation Loss, destruction or damage directly caused by Storm, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood or Inundation. |
| VII Impact Damage |
| Loss of or visible physical damage or destruction caused to the property insured due to impact by any Rail/Road vehicle or animal by direct contact not belonging to or owned by |
| (a) |
the Insured or any occupier of the premises or |
| (b) |
their employees while acting in the course of their employment. |
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| VIII Subsidence and Landslide including Rock slide |
| Loss, destruction or damage directly caused by Subsidence of part of the site on which the property stands or Land slide/Rock slide excluding: |
| (a) |
the normal cracking, settlement or bedding down of new structures |
| (b) |
the settlement or movement of made up ground |
| (c) |
coastal or river erosion |
| (d) |
defective design or workmanship or use of defective materials |
| (e) |
demolition, construction, structural alterations or repair of any property or groundwork or excavations. |
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| IX Bursting and/or overflowing of Water Tanks, Apparatus and Pipes |
| X Missile Testing operations |
| XI Leakage from Automatic Sprinkler Installations |
| Excluding loss, destruction or damage caused by |
| a) |
Repairs or alterations to the buildings or premises |
| b) |
Repairs, Removal or Extension of the Sprinkler Installation |
| c) |
Defects in construction known to the Insured. |
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| XII Bush Fire |
| excluding loss, destruction or damage caused by Forest Fire. |
| XIII Earthquake (Fire and Shock) or other convulsions of nature. |
| PROVIDED that the liability of the Company shall in no caseexceed in respect of Building and/or Compound Wall, the sumexpressed in the said Schedule to be insured thereon or suchother sum or sums as may be substituted therefor by memorandumhereon or attached hereto signed by or on behalf ofthe Company. |
| SPECIFIC EXCLUSIONS |
| This Policy does not cover |
| 1. |
The first 5% of each and every claim subject to a minimumof Rs.10, 000/- in respect of each and every loss arisingout of Earthquake (Fire & Shock) or other convulsions ofnature. The excess shall apply per event. |
| 2. |
Loss, destruction or damage caused by war, invasion, actof foreign enemy, hostilities or war like operations (whetherwar be declared or not), civil war, mutiny, civil commotionassuming the proportions of or amounting to a popularrising, military rising, rebellion, revolution, insurrection ormilitary or usurped power. |
| 3. |
Loss, destruction or damage directly or indirectly causedto the property insured by any act of Terrorism. |
| 4. |
Loss, destruction or damage directly or indirectly causedto the property insured by |
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| a) |
ionising radiations or contamination by radioactivityfrom any nuclear fuel or from any nuclear waste fromthe combustion of nuclear fuel |
| b) |
the radioactive toxic, explosives or other hazardousproperties of any explosive nuclear assembly ornuclear component thereof |
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| 5. |
Loss, destruction or damage caused to the insuredproperty by pollution or contamination excluding |
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| a) |
pollution or contamination which itself results from aperil hereby insured against. |
| b) |
any peril hereby insured against which itself resultsfrom pollution or contamination. |
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| 6. |
Expenses necessarily incurred following a loss, destructionor damage to the property insured by an insured peril, on |
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| i. |
Architects, Surveyors and Consulting Engineer's Feesin excess of 3% of the claim amount. |
ii. |
Debris Removal by the Insured in excess of 1% of theclaim amount. |
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| 7. |
Loss of earnings, loss by delay, loss of market or otherconsequential or indirect loss or damage of any kind ordescription whatsoever. |
| 8. |
Loss or damage by spoilage resulting from the retardationor interruption or cessation of any process or operationcaused by operation of any of the perils covered. |
| 9. |
Loss by theft during or after the occurrence of any insuredperil except as provided under Riot, Strike, MaliciousDamage cover. |
| 10. |
Destruction or damage caused by depreciation or wearand tear. |
| 11. |
Building or Compound wall made of 'Kutcha' Construction. |
| 12. |
Loss, damage cost or expense of whatsoever naturedirectly or indirectly caused by, resulting from or inconnection with any act of terrorism regardless of anyother cause or event contributing concurrently or in anyother sequence to the loss. |
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| For the purpose of this exclusion an act of terrorism means anact, including but not limited to the use of force or violenceand/or the threat thereof, of any person or group(s) ofpersons whether acting alone or on behalf of or inconnection with any organisation(s) or government(s), committedfor political, religious, ideological or similar purposeincluding the intention to influence any government and/or toput the public, or any section of the public in fear. |
| This policy also excludes loss, damage, cost or expenses ofwhatsoever nature directly or indirectly caused by resultingfrom or in connection with any action taken in controlling,preventing, suppressing or in any way relating to actiontaken in respect of any act of terrorism. |
| If the Company alleges that by reason of this exclusion, anyloss, damage, cost or expenses is not covered by thisinsurance the burden of proving the contrary shall be uponthe Insured. |
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SPECIFIC CONDITIONS |
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The insurance under this Policy shall cease on expiry ofseven days from the date of fall or displacement of anybuilding or part thereof or of the whole or any part of anyrange of buildings or of any structure of which suchbuilding forms part. Provided such a fall or displacement isnot caused by insured perils, loss or damage which iscovered by this Policy or would be covered if such building,range of building or structure were insured under thisPolicy. Notwithstanding the above, the Company subjectto an express notice being given as soon as possible butnot later than seven days of any such fall or displacementmay agree to continue the insurance subject to revisedrates, terms and conditions as may be decided by it andconfirmed in writing to this effect. |
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Under any of the following circumstances the insuranceceases to attach as regards the Building affected unlessthe Insured, before the occurrence of any loss or damage,obtains the sanction of the Company signified byendorsement upon the Policy by the Company --(a) If the building insured becomes unoccupied and soremains for a period of more than 30 days(b) If the interest in the property passes from the Insuredotherwise than by will or operation of law.(c) If the nature of occupation or other circumstancesaffecting the building insured be changed in such a wayas to increase the risk of loss or damage by insuredperils. |
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| (i) |
On the happening of any loss or damage the Insuredshall forthwith give notice thereof to the Company andshall within 15 days after the loss or damage, or suchfurther time as the Company may in writing allow inthat behalf, deliver to the Company |
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| a) |
A claim in writing for the loss or damage containing asparticular an account as may be reasonablypracticable of property damaged or destroyed, and ofthe amount of the loss or damage theretorespectively, having regard to their value at the time ofthe loss or damage not including profit of any kind. |
| b) |
Particulars of all other Insurances, if any |
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| The Insured shall also at all times at his own expense produce,procure and give to the Company all such further particulars,plans, specification books, vouchers, invoices, duplicates orcopies thereof, documents, investigation reports(internal/external), proofs and information with respect to theclaim and the origin and cause of the loss and the circumstancesunder which the loss or damage occurred, and anymatter touching the liability or the amount of the liability ofthe Company as may be reasonably required by or on behalfof the Company together with a declaration on oath or inother legal form of the truth of the claim and of any mattersconnected therewith. |
| No claim under this Policy shall be payable unless the termsof this condition have been complied with. |
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| (ii) |
In no case whatsoever shall the Company be liable forany loss or damage after the expiry of 12 months fromthe happening of the loss or damage unless the claimis the subject of pending action or Arbitration; it beingexpressly agreed and declared that if the Companyshall disclaim liability for any claim hereunder andsuch claim shall not within 12 calendar months fromthe date of the disclaimer have been made the subject matter of a suit in a court of law then the claim shall for all purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder. |
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On the happening of loss or damage to any of theproperty insured by this Policy, the Company may |
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| a. |
enter and take and keep possession of the building orpremises where the loss or damage has happened. |
| b. |
take possession of or require to be delivered to it anyproperty of the Insured in the building or on thepremises at the time of the loss or damage. |
| c. |
keep possession of any such property and examine,sort, arrange, remove or otherwise deal with the same. |
| d. |
sell any such property or dispose of the same foraccount of whom it may Concern. |
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The powers conferred by this condition shall be exercisableby the Company at any time until notice in writing is given bythe insured that he makes no claim under the policy, or if anyclaim is made, until such claim is finally determined orwithdrawn, and the Company shall not by any act done in theexercise or purported exercise of its powers hereunder, incurany liability to the Insured or diminish its rights to rely uponany of the conditions of this policy in answer to any claim.If the insured or any person on his behalf shall not complywith the requirements of the Company or shall hinder orobstruct the Company, in the exercise of its powershereunder, all benefits under this policy shall be forfeited.The Insured shall not in any case be entitled to abandon anyproperty to the Company whether taken possession of by theCompany or not. |
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The Company may at its option reinstate, replace or repairthe property, lost or damaged or any part thereof insteadof paying the amount of loss or damage or may join withany other insurer in doing so but the Company shall not bebound to reinstate exactly or completely but only ascircumstances permit and in reasonably sufficient mannerand in no case shall the Company be bound to expendmore in reinstatement than it would have cost to reinstatesuch item as it was at the time of occurrence of such lossor damage, subject to the limits specified in the Schedule.If the Company so elect to reinstate or replace anyproperty the Insured shall at his own expense furnish theCompany with such plans, specifications, measurements,quantities and such other particulars as the Company mayrequire, and no acts done, or cause to be done, by theCompany with a view to reinstatement or replacement shallbe deemed an election by the Company to reinstate orreplace. |
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If in any case the Company shall be unable to reinstate orrepair the property hereby insured, because of any municipalor other regulations in force affecting the alignment of streetsor the construction of buildings or otherwise, the Companyshall, in every such case, only be liable to pay such sum aswould be requisite to reinstate or repair such property if thesame could lawfully be reinstated to its former condition. |
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If the building hereby insured shall at the breaking out ofany fire or at the commencement of any destruction of ordamage to the building by any other peril hereby insuredagainst be collectively of greater value than the SumInsured thereon, then the Insured shall be consideredas being his own insurer for the difference and shall bear arateable proportion of the loss accordingly. |
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If, at the time of any loss or damage happening to anyproperty hereby insured there be any other subsistinginsurance or insurances, whether effected by the Insuredor by any other person or persons covering the sameproperty, this Company shall not be liable to pay orcontribute more than its rateable proportion of such loss ordamage. |
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The Insured under this Policy shall at the expense of theCompany do and concur in doing, permit to be done allsuch acts and things that may be necessary or reasonablyrequired by the Company for the purpose of enforcing anyrights and remedies for obtaining relief or indemnity fromother parties to which the Company shall or would becomeentitled or subrogated upon the Company paying for ormaking good any loss or damage under this Policy,whether such acts and things shall be or becomenecessary or required before or after the Insured'sindemnification by the Company. |
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At all times during the period of insurance of this Policy, theinsurance cover, for building, will be maintained to the fullextent of the Sum Insured in consideration of whichupon the settlement of any loss under this Policy, pro-ratapremium for the unexpired period from the date of suchloss to the expiry of period of insurance for the amount ofsuch loss shall be payable by the Insured. |
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The additional premium referred above shall be deductedfrom the net claim amount payable under the Policy. Thecontinuous cover to the full extent will be available, notwithstandingany previous loss for which the Company may havepaid hereunder. The intention of this condition is to ensureadequacy of sum insured subject only to the right of theCompany for deduction from the claim amount, when settled,of pro-rata premium to be calculated from the date of loss tillexpiry of the Policy. |
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Notwithstanding what is stated above, the Sum Insured shallstand reduced by the amount of loss, in case the Insuredimmediately on occurrence of the loss exercises his/heroption not to reinstate the Sum Insured |
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GENERAL CONDITIONS |
| 1. |
This Policy shall be void in the event of mis-representation,mis-description or non-disclosure of any materialparticular by the Insured. |
| 2. |
Every notice and other communication to the Companyrequired by these conditions must be written or printed. |
| 3. |
Wherever necessary, the Company will appointSurveyors/Investigators. The Company shall be entitledon behalf of you to have absolute conduct and control ofall or any proceedings it may consider necessary for thepurpose of tracing and recovering the property lost youshall at the Company's expense furnish all such assistanceas may reasonably be required by the Company inconnection with such proceedings. |
| 4. |
If the claim be in any respect fraudulent, or if any falsedeclaration be made or used in support thereof or if anyfraudulent means or devices are used by the Insured orany one acting on his behalf to obtain any benefit underthe policy or if the loss or damage be occasioned by thewilful act, or with the connivance of the Insured, all benefitsunder this policy shall be forfeited. |
| 5. |
The Company may at any time by giving 30 days notice inwriting terminate this Policy, provided that the Companyshall in that case return to the Insured, the then last paidpremium less a pro-rata thereof for the portion of theinsurance period which shall have expired. Such noticeshall be deemed sufficiently given if posted by RegisteredPost Acknowledgement Due addressed to the Insured atthe address last registered in the Company's books andshall be deemed to have been received by the Insured atthe time when the same would be delivered. |
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Or |
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The Policy may be cancelled at any time, by the Insured bygiving 30 days notice in writing sent under Registered PostAcknowledgement Due. The Insured shall be entitled to thereturn of premium less premium at Company's shortperiod rates* for the period the Policy has been in force.No refund will be made for such Insured Person for whoma claim has been paid or admitted. |
| Short period scales for Multi year Policy |
| In the event of cancellation of the multi year policy by theinsured , the annual premium rate will be charged on thenumber of years the policy was actually in force. For this purposefraction of the year will be rounded to next higher year.For example if the policy has run 3 years and 3 months premiumshall be retained for 4 years. |
| 6. |
All claims under this Policy shall be payable only IndianRupees. Any suit or legal proceedings against theCompany under this Policy shall be filed and instituted onlyin a Court having jurisdiction in India. |
| 7. |
If any dispute or difference shall arise as to the quantum tobe paid under this Policy (liability being otherwiseadmitted) such difference shall independently of all otherquestions be referred to the decision of a sole arbitrator tobe appointed in writing by the parties to or if they cannotagree upon a single arbitrator within 30 days of any partyinvoking arbitration, the same shall be referred to a panelof three arbitrators, comprising of two arbitrators, one tobe appointed by each of the parties to thedispute/difference and the third arbitrator to be appointedby such two arbitrators and arbitration shall be conductedunder and in accordance with the provisions of theArbitration and Conciliation Act, 1996. |
| It is clearly agreed and understood that no difference ordispute shall be referable to arbitration as hereinbeforeprovided, if the Company has disputed or not acceptedliability under or in respect of this Policy. |
| It is hereby expressly stipulated and declared that it shallbe a condition precedent to any right of action or suit uponthis Policy that the award by such arbitrator/ arbitrators ofthe amount of the loss or damage shall be first obtained. |
| 8. |
Provided always that the due observance and fulfillment of the terms and conditions of this Policy along withendorsements shall so far as they relate to anything to bedone or not to be done by the Insured be a conditionprecedent to any liability of the Company under this Policy. |
| AGREED BANK CLAUSE |
| It is hereby declared and agreed: |
| 1. |
That upon any monies becoming payable under thispolicy the same shall be paid by the Company to the Bankand such part of any monies so paid as may relate to theinterests of other parties insured hereunder shall bereceived by the Bank as Agents for such other parties. |
| 2. |
That the receipts of the Bank shall be complete dischargeof the Company therefor and shall be binding on all theparties insured hereunder. |
| N.B: The Bank shall mean the first named Financial Institution/Bank named in the Policy. |
| 3. |
That if and whenever any notice shall be required to begiven or other communication shall be required to bemadeby the Company to the Insured or any of them in anymanner arising under or in connection with this policy suchnotice or other communication shall be deemed to havebeen sufficiently given or made if given or made to theBank. |
| 4. |
That any adjustment, settlement, compromise orreference to arbitration in connection with any disputebetween the Company and the insured or any of themarising under or in connection with this policy if made bythe Bank shall be valid and binding on all parties insuredhereunder but not so as to impair rights of the Bank torecover the full amount of any claim it may have on otherparties insured hereunder. |
| 5. |
That this insurance so far only as it relates to the interest ofthe Bank therein shall not cease to attach to any of theinsured property by reason of operation of specificcondition 2 under Fire & Allied Perils Section of the Policyexcept where a breach of the condition has beencommitted by the Bank or it's duly authorised agents orservants and this insurance shall not be invalidated by anyact or omission on the part of any other party insuredhereunder whereby the risk is increased or by anythingbeing done to upon or any building hereby insured or anybuilding in which the goods insured under the policy arestored without the knowledge of the Bank provided alwaysthat the Bank shall notify the Company of any change ofownership or alterations or increase of hazards not permittedby this insurance as soon as the same shall come to its knowledgeand shall on demand pay to the Company necessaryadditional premium from the time when such increase of risksfirst took place and |
| 6. |
It is further agreed that whenever the Company shall paythe Bank any sum in respect of loss or damage under thispolicy and shall claim that as to the Mortgagor or owner nliability therefore existed, the Company shall becomelegally subrogated to all the rights of the Bank to the extentof such payments but not so as to impair the right of theBank to recover the full amount of any claim it may haveon such mortgagor or owner or any other party or partiesinsured hereunder or from any securities or fundsavailable. |
| N.B: In cases where the name of any Central Government orState Government owned and/or sponsored IndustrialFinancing or Rehabilitation Financing Corporations and/orUnit Trust of India or General Insurance Corporation of Indiaand/or its subsidiaries or LIC of India / any FinancialInstitution is included in the title of the Fire Policy as mortgagees,the above Agreed Bank Clause may be incorporatedin the Policy substituting the name of such institution in placeof the word "Bank" in the said clause. |
| EARTHQUAKE COVER CLAUSE |
| "It is hereby agreed and declared that this insurance isextended to cover loss or damage (including loss or damageby fire) to any of the property insured by this policyoccasioned by or through or in consequence of earthquakeincluding flood or overflow of the sea, lakes, reservoirs andrivers and/or Land slide/Rockslide resulting there from. |
| Provided always that all the conditions of this policy shallapply (except in so far as they may be hereby expresslyvaried) and that any reference therein to loss or damage byfire shall be deemed to apply also to loss or damage directlycaused by any of the perils which this insurance extends toinclude by virtue of this endorsement" |
| Special Conditions: |
Excess Clause: Each and every claim under this add-on coveris subject to a deductible of 5% of each and every claim subjectto a minimum of Rs.10, 000/-.
Onus of Proof Clause: In the event of the Insured making anyclaim for loss or damage under this policy, he must (if sorequired by the Company) prove that the loss or damage wasoccasioned by or through or in consequence of earthquake. |
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| WHAT IF I EVER NEED TO COMPLAIN? |
| We hope, of course, that you will never feel the need to complain. Nevertheless, sometimes things do go wrong. When they do, we want to know straight away, so we can put them right as quickly as possible, and take steps to make sure they don t happen again. |
| In all instances, call our Customer Services at 1800 345 8899 (Toll free) or 9444 48899 (Mobile) or mail us at Sundaram Towers 45 & 46, Whites Road, Chennai 600 014 or e-mail at customer.services@in.royalsun.com |
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