MR-103 Endorsement under CAR policy

[sithira pandithasundara]

Dear All,

Your opinion on following issue is highly appreciated.

Reforesting of a land is a part of the  insured project and reforesting has been included in the project BOQ. Due to floods, the newly planted trees have been washed away and a claim has been intimated by the Insured.The wording of Munich Re 103 Endorsement (incorporated in the insurance policy) is as follows.

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 not indemnify the Insured for loss, damage or liability directly or indirectly caused to crops, forests and/or any cultures during the execution of the contract works.  

Is the Insurer liable for the loss?

Best Regards,

Sithira Pandithasundara

[Lajpat Ray Chandnani]

No. As per provisions of this clause the loss does not fall within the scope of the policy.

--
You received this message because you are subscribed to the Google Groups "Insurance Adjusters" group.
To unsubscribe from this group and stop receiving emails from it, send an email to insurance-adjus...@googlegroups.com.
To post to this group, send email to insurance...@googlegroups.com.
Visit this group at http://groups.google.com/group/insurance-adjusters.
For more options, visit https://groups.google.com/d/optout.

[ASAR]

Dear Sri.Sithira Pandithasundara,

As per the endorsement, any loss to the crops, forests and or any cultures are excluded.  As the wordings are through endorsement over the policy coverage, it supersedes all.

In our opinion, the loss on the crops / any cultures is clearly excluded and not considerable under the policy.  Whereas, if the policy specifically describes about the deforesting or similar risk, it has to be considered. 

A.S.Antony Raj,

Insurance Surveyor,

727-G, Srivilliputhur Road,

Near Indian Oil Bunk,

Satchia Puram,

Sivakasi - 626 124

asantony...@gmail.com

09443135563

[Govindprasad Chandak]

The exlusion is for the existing flora & it is applicable during the execution of the project. The risk cover provided is intended for the saplings sown / planted by the insured as part of the project. Therefore damage to later is liability.

--

Chandak GM, Hyd

9440160988

[Chand Bhatia]

The wording of the exclusion is " during the execution of the contract works." this clearly indicates that forests or crops which are not part of the project, but can be damaged during the execution of the project. Come whatever the wordings will be interpreted which a normal person shall understand. The damages being part of the project are payable. 

C K BHATIA

On Tue, Sep 22, 2015 at 9:36 AM, sithira pandithasundara <sith...@gmail.com> wrote:

--

You received this message because you are subscribed to the Google Groups "Insurance Adjusters" group.
To unsubscribe from this group and stop receiving emails from it, send an email to insurance-adjus...@googlegroups.com.
To post to this group, send email to insurance...@googlegroups.com.
Visit this group at http://groups.google.com/group/insurance-adjusters.
For more options, visit https://groups.google.com/d/optout.

--

c k bhatia
09810231248

[sithira pandithasundara]

Dear All,

Thank you very much for taking time to express your opinions. Still I am not in a position to make a conclusion since two have gone for admitting liability and two have gone for not admitting liability. Do others have got an opinion?

BR,

Sithira Pandithasundara

[Sushil Maroo, Sushil Maroo & Co. Indore 9827022654]

As BOQ specifies reforesting, on which sum insured would be obtain.
The claim is admissible. 

[Piyush Siinghal]

Going by the discussion and the facts and the policy wordings, the claim is admissible as the existing forests may not be payable due to the execution of contract but when the contract itself if of the forestation, the damage is to the prime risk assured can not be excluded, hence liability to the same can not be denied under the given circumstances.

--

You received this message because you are subscribed to the Google Groups "Insurance Adjusters" group.
To unsubscribe from this group and stop receiving emails from it, send an email to insurance-adjus...@googlegroups.com.
To post to this group, send email to insurance...@googlegroups.com.
Visit this group at http://groups.google.com/group/insurance-adjusters.
For more options, visit https://groups.google.com/d/optout.

--

B/Rgds

Piyush Siinghal
0-9811047785