Version 4 | 1 October 2019
OCCURRENCE OF A FIRE
11. On the happening of any loss or damage the Insured shall forthwith give notice thereof to the Company and
shall within 15 days after the loss or damage or such further time as the Company may in writing allow in that
behalf deliver to the Company
(a) a claim in writing for the loss and damage containing as particular an account as may be
reasonably practicable of all the several articles or items or property damaged or destroyed and of
the amount of the loss or damage thereto respectively, having regard to their value at the time of
the loss or damage, not including profit of any kind;
(b) particulars of all other insurances, if any.
The Insured shall also at all times at his own expense produce, procure and give to the Company all such further
particulars, plans, specifications, books, vouchers, invoices, duplicates or copies thereof, documents, proofs
and information with respect to the claim and the origin and cause of the fire and the circumstances under which
the loss or damage occurred, and any matter touching the liability or the amount of liability of the Company
as may be reasonably required by or on behalf of the Company together with a declaration on oath or in other
legal form of the truth of the claim and of any matters connected therewith.
No claim under this Policy shall be payable unless the terms of this Conditions have been complied with.
RIGHTS OF COMPANY re SALVAGE
12. On the happening of any loss or damage to any of the Property Insured by this Policy, the Company may
(a) enter and take and keep possession of the building or premises where the loss or damage has
happened;
(b)
take possession of or require to be delivered to it any property of the Insured in the building or on
the premises 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 for account of whom it may concern.
The powers conferred by this Condition shall be exercisable by the Company at any time until notice in
writing is given by the Insured that he makes no claim under this Policy, or, if any claim is made, until such
claim is finally determined or withdrawn, and the Company shall not by any act done in the exercise or purported
exercise of its powers hereunder, incur any liability to the insured or diminish its rights to rely upon any of the
Conditions of this Policy in answer to any claim.
If the Insured or any person on his behalf shall not comply with the requirements of the Company or shall hinder
or obstruct the Company in the exercise of its powers hereunder, all benefit under this Policy shall be forfeited.
The Insured shall not in any case be entitled to abandon any property to the Company whether taken possession
of by the Company or not.
FORFEITURE
13. If the claim be in any respect fraudulent or if any 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 loss or damage be occasioned by the wilful act or with the connivance of the Insured;
or, if the claim be made and rejected and an action or suit be not commenced within three months after such
rejection, or (in the case of an arbitration taking place in pursuance of Condition 18 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.
REINSTATEMENT
14. The Company may at its option reinstate or replace the property damaged or destroyed, or any part thereof
instead of paying the amount of the loss or damage, or may join with any other company or insurers in so doing,
but the Company shall not be bound to reinstate exactly or completely, but only as circumstances permit and in
reasonably sufficient manner, and in no case shall the Company be bound to expend more in reinstatement
than it would have cost to reinstate such property as it was at the time of the occurrence of such loss or damage,
nor more than the sum insured by the Company thereon.
If the Company so elect to reinstate or replace any property the Insured shall, at his 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 reinstatement
or replacement shall be deemed an election by the Company to reinstate or replace.
If in any case the Company shall be unable to reinstate or repair the property hereby insured, because
of any legislation, subsidiary legislation, rules and regulations and any amendment thereto in force affecting
the alignment of streets, or the construction of buildings, or the use of the land, or otherwise, the Company shall,
in every such case, only be liable to pay such sum as would be requisite to reinstate or repair such property if
the same could lawfully be reinstated to its former condition.
SUBROGATION OF RIGHTS
15. 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 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 other parties to which the Company shall be or
would become entitled or subrogated, upon its paying for or making good any loss or damage under this Policy,
whether such acts and things shall be or become necessary or required before or after his indemnification by
the Company.