Endorsement 113 - Maintenance Visits & Extended Maintenance Cover under EAR - Endorsement Reproduced below

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Manohar S Sainani

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Apr 28, 2013, 6:58:05 AM4/28/13
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Dear Friends,

A discussion as to interpretation of Endorsement 113 under EAR specially with regard to perils covered is invited. The Endorsement is reproduced below: -

Quote
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ENGG/END-113: MAINTENANCE VISITS AND EXTENDED MAINTENANCE COVER -

 

a)       Limited Maintenance Visits Cover:

 

In consideration of the payment of an additional premium by  the insured   (which is included in the Total Premium set forth in the schedule), it is hereby declared and agreed that the indemnity provided by this policy is extended   to include maintenance cover   for the period of ____ months to be reckoned from the date of completion of Testing, provided the policy period has been extended till completion of Testing. However, during the Maintenance Period this Insurance shall cover solely loss of or damage to the contract works caused by the insured contractor(s) in the course of the operations   carried out for the purpose of complying with the obligations under the maintenance provisions of the contract.          

 

b)      Extended Maintenance Cover -

 

In consideration of the payment of an additional premium by the Insured     (which is included in the total premium set forth in the schedule) it is hereby   declared and agreed that the indemnity provided by this policy is extended to include Maintenance Cover for the period of _____ months to be reckoned from the date of completion of Testing, provided the policy period has been    extended till completion of Testing. However, during the Maintenance   period   this insurance shall cover loss or damage to the contract works -

 

i)        Caused by the Insured contractor(s) in the course of the operations carried out for the purpose of complying with the obligations under the maintenance provisions of the contract.

 

ii)                  Occurring during the maintenance period provided such loss or damage was caused on the site during the erection period.

 

WARRANTY CONCERNING EXTENDED MAINTENANCE COVER

 

It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon and subject to the Insured having paid the agreed extra premium, this insurance shall be extended for the maintenance period specified hereunder to cover loss or damage to the contract works -

 

·         Caused   by the insured contractor(s) in the course of the operations carried out for the purpose of complying with the obligations under the maintenance provisions of the   contract.

 

·         Occurring during the maintenance period provided such loss or damage was caused on the site during the erection period before the certificate of completion for the loss or damaged section was issued.  

 

Maintenance cover from  __________ to ___________

 

Extra premium _____________

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M S Sainani
BE, MIE (I), FIV, DCII (London).
SLA 15187 (Valid Upto 3rd March 2017)
(+91) 9414168144
sai...@adjusterindia.com, adjuste...@gmail.com

United Technical Services
Approved Valuer, Chartered Engineer, Surveyor & Loss Adjuster
1 - Vinayak Nagar, Bohra Ganeshji Main Road
Udaipur - 313001
Rajasthan

Phone / Telefax #s : 0294 - 2490256, 2490257

Telfax : 0294 - 2490256, 2490257

Every Job is a Self Portrait of the Person who did it, Autograph your work with Excellence.

mohan israni

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Apr 30, 2013, 3:53:34 PM4/30/13
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Dear Mr. Manohar Sainani,
Please refer your trailing mail and  keeping in view the clauses covered under the EAR Policy specially its Extended Maintenance Cover, I understand  both the clauses logically as under :
 
1. Loss due to some damage while carrying out the maintenance during the specified period of maintenance as agreed in policy, but after the completion of erection and testing of the plant as per the terms and conditions in the contract between Insured and the contractor, is covered under this first clause.
 
2. Loss due to damage occurring during the maint. period provided such or similar loss or damage was also caused  on the site of erection during the erection period before the certificate of completion for the lost or damaged section was issued. It also means, that the same damage appeared during the maintenance period also due to some weekness in the attendance of the same during the erection time.
 
However, it will be useful to hear from you, as to how you are understanding both above clauses in the coverage of "Extended Maint. Cover". Best Wishes                                           Mohan Israni     

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vijay...@yahoo.com

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May 1, 2013, 2:14:53 AM5/1/13
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Respected Sir,
To the best of My knowledge Maintenance Period is in CAR Policy only and I am giving below copy of relevant portions for your information
21.  MAINTENANCE VISITS AND EXTENDED MAINTENANCE COVER -
 
The policy can be extended to cover the Maintenance Visits and Extended Maintenance.  The endorsement wordings and rates and excess for those will be as under -
     

i)        Limited Maintenance Visits covers Cover -
      
 In consideration of the payment of additional premium by the insured (which is included in the total premium set forth in the schedule) it is hereby declared and agreed that the indemnity provided by this policy is extended to include Maintenance Cover for the period of _______ months to be reckoned from the date of completion or handing over provided the policy period has been extended till completion or handing over.  However, during Maintenance Period this Insurance shall cover solely loss of or   damage to the contract works caused by   the   insured contractor(s) in the course of the operations carried out for the purpose of complying with the obligations under the maintenance provisions of the contract.
 
ii)      Extended Maintenance Cover --
    
In consideration of the payment of an additional premium by the insured (which is included in the Total Premium set forth in the Schedule), it is hereby declared and agreed that the indemnity   provided by the policy is extended to   include Maintenance Cover for the period of  ____________ months to be reckoned from the date of completion or handing over, provided the policy period has been extended till completion or handing over. However, during the Maintenance Period this insurance shall cover loss or damage to the contract works -
 
a)      caused by the Insured contractor(s) in the course  of the operations carried out for the purpose of complying with the obligations under the maintenance provisions of the contract.
 
b)      occurring during the maintenance period provided  such loss or damage was caused on the site during the erection period.
 
The rates and Excesses applicable for Maintenance Cover for 6 &12 months will be as under –
 
 
Cover

Rate Rs. per mille

for 6 months
   for 12 months
 
i)        Maintenance Visits Cover
 
0.25
 
0.50
ii)      Extended Maintenance Cover
 
0.50
 
1.00
 
           
Note - Charging premium on pro-rata basis for periods less than 6 months, or 6 to12 months shall not be allowed.
 
iii)    ‘Extended Maintenance Cover’ (beyond 12 months) -
                       
Extended Maintenance Cover could be given for any period longer than 12 months, as required under the contract at the rates prescribed under the Tariff at present. i.e. Re.1.00 per mille per annum. (Circular no. Engg/73-1/99/14, dated Sept. 28, 1999). This provision is effective from 1/10/99.
 
iv)    Extension of CAR Policy for Maintenance Visits and Extended Maintenance Cover
                       
In case deletion of Maintenance Visits/Extended Maintenance Cover availed at the inception of CAR policies before attachment of the risk, refund of premium may be given by retaining 25 % of the premium under this extension. In case the risk is attached no refund shall be allowed for deletion of Maintenance Visits/ Extended Maintenance Cover.
 
P.V.Rajeswar Rao
C/o Mr. V. Sasanka, 495 B, Sriram Nagar Colony,
Botanical Gardens Road, Near Med-Plus Druggists,
Kondapur, Hyderabad - 500 082
Mobile 98480 37641 / 94412 85727
vijay...@hotmail.com
vijay...@yahoo.com
From: mohan israni <misr...@yahoo.co.in>
To: "insurance...@googlegroups.com" <insurance...@googlegroups.com>
Sent: Wednesday, 1 May 2013 1:23 AM
Subject: Re: {Surveyors:16285} Endorsement 113 - Maintenance Visits & Extended Maintenance Cover under EAR - Endorsement Reproduced below

mohan israni

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May 1, 2013, 3:06:35 AM5/1/13
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Dear Mr. P V Rajeswar Rao,
Please note that the Extended Maint. Cover is being given by the Public Sector Insurance Cos. on both EAR as well as CAR policies. I did not refer the CAR policy since our fraternity member surveyor Mr. Manohar Sainani had raised the query on EAR policy only. The wording in the clauses is absolutely similar in both the policies. Best Wishes          Mohan Israni    

P.V.Rajeswar RaoC/o Mr. V. Sasanka, 495 B, Sriram Nagar Colony, Botanical Gardens Road, Near Med-Plus Druggists, Kondapur, Hyderabad - 500 082Mobile 98480 37641 / 94412 85727vijay...@hotmail.comvijay...@yahoo.com
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M S SainaniBE, MIE (I), FIV, DCII (London).SLA 15187 (Valid Upto 3rd March 2017)(+91) 9414168144sai...@adjusterindia.com, adjuste...@gmail.comUnited Technical ServicesApproved Valuer, Chartered Engineer, Surveyor & Loss Adjuster1 - Vinayak Nagar, Bohra Ganeshji Main RoadUdaipur - 313001RajasthanPhone / Telefax #s : 0294 - 2490256, 2490257Telfax : 0294 - 2490256, 2490257Every Job is a Self Portrait of the Person who did it, Autograph your work with Excellence.
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ASAR

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May 1, 2013, 11:12:59 AM5/1/13
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Dear Members,
 
Hope the attached file downloaded from the URL http://www.bosnare.ba/BosnaREFiles/File/seminariok/SWIS%20RE%20SEPTEMBAR%2099/1999%20Maintenance%20Covers-eng.pdf explains well between the diffence between both the covers. 
 
Though the international insurance market extends Guarantee maintenance cover, to my little knowledge, it was not available in the Indian market.
 
Kindly comment
 
ASAR
 
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A.S.Antony Raj,
Insurance Surveyor,
727-G, Srivilliputhur Road,
Near Indian Oil Bunk,
Satchia Puram,
Sivakasi - 626 124
09443135563
1999 Maintenance Covers-eng.pdf

Manohar S Sainani

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May 2, 2013, 7:51:26 AM5/2/13
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Dear Mr Mohan & Mr ASAR,

Thank you very much for your response although the interpretation as made clear by you & in SwissRe presentation sounds logical but one of the insured interprets as extension of original EAR cover during maintenance & extended maintenance period the matter is under discussion & I am hopeful that I'll be able to drive home the standard interpretation given by you. The link provided by ASAR is also very clear & useful in future reference / claims.

Breg

M S Sainani
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