SECTION A - BUILDINGS
PROPERTY INSURED
The residence being a private dwelling house or private flat shown in the Schedule including domestic outbuildings (hereinafter
referred to as “the Buildings”) Landlord’s fixtures and fittings, walls gates and fences all on the same premises.
Unless otherwise stated the Buildings are built of brick stone or concrete with slate tile concrete asbestos or metal roofs.
The Insured will be indemnified against damage to the Property Insured caused by the following Perils:-
1) FIRE, LIGHTING, THUNDERBOLT, EARTHQUAKE OR VOLCANIC ERUPTION (including flood or overflow of the Sea
occasioned thereby) or SUBTERRANEAN FIRE.
2) EXPLOSION
3) RIOT AND STRIKE which for the purpose of this Policy shall mean:-
(a) the act of any person taking part together with others in any disturbance of the public peace (whether in connection
with a strike or lock-out or not) not being an excluded peril contained in the exceptions hereto
(b) the action of lawfully constituted authority in suppressing or attempting to suppress any such disturbance or in
minimising the consequences of any such disturbance.
(c) the wilful act of any striker or locked-out worker done in furtherance of a strike or in resistance to a lock-out
(d) the action of any lawfully constituted authority in preventing or attempting to prevent any such act or in minimising
the consequences of any such act.
4) AIRCRAFT or other aerial device or any article dropped therefrom.
5) BURSTING or OVERFLOWING of a Water Tank Apparatus of Pipe, excluding:
(a) the first Ugx 140,000/- in respect of each and every loss
(b) loss or damage whilst the Buildings are left unfurnished.
6) THEFT ACCOMPANIED BY ACTUAL FORCIBLE AND VIOLENT BREAKING INTO OR OUT OF THE BUILDINGS or
any attempt thereat excluding loss or damage occurring whilst the buildings are left unfurnished.
PROVIDED THAT during any period when the private dwelling house is left without an inhabitant cover against Theft is
suspended from the beginning of the thirty first consecutive day of such unoccupancy.
7) IMPACT WITH THE BUILDINGS by any road vehicle or animal not belonging to the Insured or any member of his family
normally residing with him.
8) FALLING TREES OR BRANCHES
9) STORM or TEMPEST (including Flood or Overflow of the Sea occasioned thereby) excluding:
(a) the first Ugx 140,000/- of each and every loss
(b) damage caused by Subsidence or Landslip and
(c) damage caused by Storm or Tempest as regards any Building in course of construction, reconstruction or repair
(unless all outside doors, windows and other openings are complete and protected against such perils (awnings,
blinds, signs, external television and radio antennae, aerials, aerial fittings, masts and towers or other outdoor
fixtures and fittings including gates and fences.
10) DEBRIS REMOVAL : Limit Ugx 2,000,000
The cost of demolition erection of hoardings and removal of debris from the premises following damage by an insured peril
such cost being necessarily incurred and with the consent of the Insurer.
11) MUNICIPAL CHARGES
Municipal charges necessarily incurred for:-
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(a) the extinguishing of any fire affecting or threatening to affect the insured Premises.
(b) the scrutiny of any plans for rebuilding or reinstatement as a direct result of a claim admitted under the policy.
12) COST OF REMOVAL OF FALLEN TREES
Cost reasonably and necessarily incurred in removing from the premises trees or parts of trees that have fallen causing
damage to the buildings.
Exceptions Relating to Buildings
The Insurer shall not be liable in respect of:-
A) As regards Perils (2) and (3) above any accident, loss, damage, expense, liability occasioned by or through or in
consequence directly or indirectly of any person acting on behalf of or in connection with any organisation with activities
directed towards the overthrow by force of the Government de jure or de facto or to the influencing of it by terrorism or
violence.
In any action, suit or other proceedings where the Insurer alleges that by reason of the provisions of this Exception any
accident, loss, damage, expense, liability or bodily injury is not covered by this insurance, the burden of proving that such
accident, loss, damage, expense, liability or bodily injury is covered shall be upon the Insured.
B) Except as provided for under Peril (3) above any accident, loss, damage, expense, liability or bodily injury 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.
C) Consequential loss of any kind except as provided in Contingency 13.
Special Condition
If the property hereby insured shall, at the time of replacement, be collectively of greater replacement value than the sum insured
thereon, the Insured shall be considered as being his own insurer for the difference, and shall bear a rateable proportion of the loss
accordingly. Every item, if more than one, of the schedule shall be separately subject to this condition.
SECTION B - CONTENTS
PROPERTY INSURED
The Contents of the residence being a private dwelling house or private flat shown in the Schedule consisting of Furniture, Household
Goods and Personal Effects of every description (except as after-mentioned) the property of the Insured or any member of his family
normally residing with him and Fixtures and Fittings the Insured’s own or for which he is legally responsible not being Landlord’s
fixtures and fittings.
PROPERTY NOT INSURED
1) Property more specifically insured.
2) Deeds, bonds, bills of exchange, promissory notes, cheques, travellers cheques, securities for money, stamps, documents
of all kind, cash, currency notes, manuscripts, medals, coins, motor vehicles and accessories and livestock unless specially
mentioned herein.
3) Any part of the structure or ceilings of the Buildings, wallpapers and the like or external television and radio antennae,
aerial fittings, masts and towers.
4) Property outside the limits of Uganda.
No one article (furniture, household appliances, pianos and organs excepted) shall be deemed of greater value than 5% of the Total
Sum Insured on the Contents unless such article is specifically insured.
The total value of platinum, gold and silver articles, jewellery and furs shall not exceed ONE THIRD of the Total Sum Insured on the
Contents unless specially agreed hereon.
The insured will be indemnified against loss of or damage to the property insured caused by the following perils:-
1) FIRE, LIGHTING, THUNDERBOLT, EARTHQUAKE or VOLCANIC ERUPTION or SUBTERRANEAN FIRE
2) EXPLOSION
3) RIOT & STRIKE which for the purpose of this Policy shall mean:-
a) the act of any person taking part together with others in any disturbance of the public peace (whether in connection with
a strike or lock-out or not) not being an excluded peril contained in the exceptions hereto
b) the action of any lawfully constituted authority in suppressing or attempting to suppress any such disturbance or in
minimising the consequences of any such disturbance.
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c) the wilful act of any striker or locked-out worker done in furtherance of a strike in resistance to a lock-out
d) the action of any lawfully constituted authority in preventing or attempting to prevent any such act or in minimising the
consequences of any such act.
4) AIRCRAFT or other aerial device or any article dropped therefrom.
5) BURSTING or OVERFLOWING of a Water Tank Apparatus or Pipe, excluding damage caused thereto).
6) IMPACT WITH THE BUILDINGS by any road vehicle or animal not belonging to the Insured or any member of his family
normally residing with him.
7) STORM, TEMPEST, FLOOD excluding the first Ugx 140,000/- of each and every loss.
8) a) THEFT ACCOMPANIED BY ACTUAL FORCIBLE AND VIOLENT BREAKING INTO or OUT OF THE BUILDINGS or any
attempt thereat.
b) THEFT in any other circumstances but excluding:-
i) Theft whilst the Buildings or any part thereof are lent, let or sublet
ii) Theft from any outbuilding not directly communicating with the private dwelling house or private flat mentioned
in the Schedule or from any verandah thereto
iii) The first Ugx. 140,000/- of each and every loss
PROVIDED that during any period when the Insured’s private dwelling house or private flat is left without an inhabitant cover against
THEFT is entirely suspended from the beginning of the eighth consecutive day of such un occupancy. The premises shall not be
deemed occupied where a person only inhabits servants’ quarters or non-communicating buildings.
EXTENSIONS
1 LOSS OF OR DAMAGE TO BUILDINGS AND LANDLORD’S FIXTURES AND FITTINGS
This Policy extends to insure against loss of or damage to the Buildings mentioned in the Schedule and/or Landlord’s
Fixtures and Fittings therein for which the Insured is legally responsible as tenant and not as owner (but only if the private
dwelling house or private flat mentioned in the Schedule be furnished and occupied) directly caused by Storm or Tempest
(but excluding destruction or damage caused by Subsidence or Landslip), Bursting or Overflowing of Water Tanks,
Apparatus or Pipes, Theft accompanied by actual forcible and violent breaking into or out of the Buildings or any attempt
thereat provided however that this Indemnity excludes the first Ugx 140,000/= of each and every loss and shall not exceed
in the aggregate 10% of the Total Sum Insured as stated in the Schedule.
2 TEMPORARY REMOVAL
This Policy extends to cover the contents specified in the Schedule if they are not otherwise insured within Uganda:
a) AGAINST THE PERILS SET OUT ABOVE whilst
i) in any private Residence, Hotel, Inn, Boarding House, Club, Nursing Home or Hospital in which the Insured or
any member of the Insured’s family normally residing with the Insured may be temporary residing at the time
of loss or Damage.
ii) Deposited for Safe Custody in any Bank or Safe Deposit
b) AGAINST THE PERILS OF FIRE, LIGHTING, EXPLOSION AND THEFT accompanied by actual forcible and violent
breaking into or out of the Buildings or any attempt thereat, whilst
i) in any Laundry or other trade premises for the purpose of making up, renovation, repair, cleaning or dyeing
or whilst in any furniture depository.
ii) in any office, business or trade premises where the insured or any member of the Insured’s family normally
residing with the Insured is employed.
c) AGAINST THE PERILS OF FIRE, LIGHTING and EXPLOSION whilst temporarily elsewhere. The Insurer’s liability
under each of the Extensions (a), (b) and (c) above shall be limited to 15% of the Total Sum Insured as stated
in the Schedule.
3 ADDITIONAL EXPENSE OF ALTERNATIVE ACCOMMODATION AND LOSS OF RENT
In the event of the Buildings being rendered uninhabitable by any of the perils specified above this Policy extends to
indemnify the Insured against:-
a) reasonable additional expense for alternative accommodation
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b) loss or rent payable to the insured
actually incurred by the Insured during the period necessary for the reinstatement of the Buildings. PROVIDED that the
amount recoverable hereunder shall not exceed 10% of the Total Sum Insured.
Exceptions Relating to Contents
The Insurer shall not be liable in respect of:-
A. As regards Perils (2) and (3) above only, any act of any person acting on behalf of or in connection with any organization
with activities directed towards the overthrow by force of the Government de jure or de facto or to the influencing of it by
terrorism or violence.
B. Except as provided for under Peril (3) above only, any accident, loss, damage, expense, liability or bodily injury occasioned
by or through or in consequence directly or indirectly of confiscation, commandeering, requisition or destruction of or damage
to the Buildings of 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. In any action, suit or other proceedings where the Insurer alleges
that by reason of the provisions of this Exception any accident, loss, damage, expense, liability or bodily injury is not covered
by this insurance, the burden of proving that such accident, loss damage, expense, liability or bodily injury is covered shall
be upon the Insured.
C. Consequential loss or damage of any kind except as provided in Extension No. 3
Special Condition
If the property hereby insured shall, at the time of any loss, be collectively of greater value that the sum insured thereon, the insured
shall be considered as being his own Insurer for the difference, and shall bear a rateable proportion of the loss accordingly. Every
item, if more than one, of the Schedule shall be separately subject to this condition.
SECTION C - ALL RISKS
The Insurer agrees, subject to the terms contained herein or endorsed hereon, to indemnify the Insured against Loss of or Damage
to the Property described in the attached “All Risks” Schedule by any cause (other than as stated in the Exceptions) occurring during
the Period of Insurance.
The Insurer may at its option repair reinstate or replace any such Property lost or damaged or may pay in cash the amount of the
loss or damage.
PROVIDED that the liability of the Insurer under this Section for loss or damage occurring during any one Period of Insurance shall
not exceed the Sum Insured on each item of the Property Insured under this Section or in the whole the Total Sum Insured hereby.
Exceptions to Section C - All Risks
The Insurer will not be liable under this Section for:-
1) Loss or damage
a) Arising from wear and tear, depreciation, gradual deterioration, moth, vermin, insects, inherent vice, rust or
atmospheric conditions.
b) Arising from electrical or mechanical breakdown, faulty manipulation or mechanical defects.
c) To the property insured caused by its undergoing any process involving the application of heat or the actual process
of dyeing, cleaning, repair, renovation or alteration.
d) Occurring outside the Territorial Limits
e) Due to theft or attempted theft by any relative of the Insured or loss or damage occasioned through the wilful act of
the Insured or any relative or the wilful act of any other person with connivance of the Insured or any relative.
f) To property in transit unless accompanied by the Insured or any member of his family or household normally residing
with him
2) Breakage of glass (other than lenses) or other articles of a brittle nature (other than Jewellery) unless breakage is caused
by fire or theft.
3) Theft of any property insured from Motor Vehicles unless the property stolen is contained at the time of the loss in a locked
boot or locked locker forming an integral part of the vehicle.
4) Damage to or scratching of lenses or prisms unless other damage to the property is sustained at the same time.
5) Loss of cash, currency, bank notes or securities of any kind.
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6) Consequential loss of any kind or description.
7) Loss or damage due to or arising out of delay confiscation or detention by Customs or other Officials or Authorities
Special Condition
Wherever an item of Property insured described in the Schedule is stated to be subject to Average, if the Property covered thereby
shall in the event of loss or damage be of greater value than the Sum Insured thereon, then the Insured shall be considered as being
his own Insurer for the difference and shall bear a rateable share of the loss or damage accordingly.
SECTION D - WORKERS COMPENSATION
IN THE EVENT OF ANY DOMESTIC SERVANT for whom premium has been paid sustaining during the currency of the policy bodily
injury by accident or disease arising out of and in the course of his employment by the Insured in connection with the Insured’s
house, garden, stable or motor cars the Insurer will subject to the Jurisdiction Clause and the other Terms Conditions and Exceptions
of this Policy indemnify the Insured against liability under the Workers Compensation Act 2000 to pay compensation and claimants’
costs and expenses in respect of such injury and will in addition to pay all cost and expenses incurred with its written consent.
Workers Compensation Act 2000
1. All employers both in the private and public sectors are required to have in place a workmen’s compensation policy covering
all employees irrespective of their earnings.
2. If an employee who is ordinarily employed in Uganda is injured in an accident while temporarily deployed outside Uganda,
the employee is entitled to compensation as if the accident had happened in Uganda. However, this does not apply to an
employee who has been deployed outside Uganda for a continuous period of twelve months.
In the event of the death of the Insured, the Insurer will, in respect of the liability insured by the Insured, indemnify the Insured’s
personal representatives in the terms of and subject to the limitations of this Section provided that personal representatives shall as
though they were the Insured observe, fulfil and be subject to the Terms Conditions and Exceptions of this Policy so far as they can
apply.
PROVIDED always in the event of any change in the Workers Compensation Act 2000 or the substitution of other legislation therefore
this Policy shall remain in force but the liability of the Insurer in respect of the Insured’s liability under such law(s) shall be limited to
such sums as the Insurer would have been liable to pay if the Workers Compensation Act 2000 had remained unaltered.
Exceptions to Section D
The Insurer shall not be liable under this Section in respect of
a) any liability of the Insured which attaches by virtue of any agreement but which would not have attached in the absence of
such agreement.
b) any sum which the Insured would have been entitled to recover from any party but for an agreement between the Insured
and such party.
Excess Section D: The insured shall be responsible for the first Ugx 140,000/= of each and every claim, excluding claims for
funeral expenses
SECTION E - OWNER’S LIABILITY
Subject to the Jurisdiction Clause and the other Terms Conditions and Exceptions of this Policy the Insurer will indemnify the Insured
against liability at law to pay compensation in respect of:
a) Accidental bodily injury (including illness) to any person other than a member of the Insured’s family or household or a
person in his service at the time of the occurrence giving rise to the injury or
b) Accidental loss of or damage to property not belonging to or in the custody or control of the Insured or of a member of his
family or household or a person in his service.
occurring on or about the premises during the currency of the Policy for which the Insured may be legally liable as owner (not as a
occupier) of the said premises (the Insurer’s liability being restricted to a maximum amount of as per policy schedule for any one
claim or series of claims arising out of one event) excluding any liability arising from:-
(i) any business or profession or the use of lifts, hoists or vehicles
(ii) any liability which attaches by virtue of an agreement but which would not have attached in the absence of such
agreement.
In addition, in respect of a claim to which the indemnity expressed in this section applies, the Insurer will pay:-
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a) all costs and expenses recovered by any claimant for the Insured
b) all costs and expenses incurred with the written consent of the Insurer.
In the event of the death of the Insured, the Insurer 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, fulfil and be subject to the Terms Conditions and Exceptions of this Policy.
For the purpose of this section, the expression “the Insured” shall be deemed to include the husband or wife of the Insured.
SECTION F – OCCUPIER’S AND PERSONAL LIABILITY
Subject to the Jurisdiction Clause and the other Terms Conditions and Exceptions of this Policy the Insurer will indemnify the Insured
against liability at law to pay compensation in respect of:
a) Accidental bodily injury (including illness) to any person other than a member of the Insured’s family or household or a
person in his service at the time of the occurrence giving rise to the injury or
b) Accidental loss of or damage to property not belonging to or in the custody or control of the Insured or of a member of his
family or household or a person in his service.
Occurring during the currency of the Policy anywhere in Uganda for which the Insured may be legally liable (the Insurer’s
liability being restricted to a maximum amount of as per policy schedule for any one claim or series of claims arising out
of one event) excluding:-
(i) sports involving the use of mechanical power or from the possession or use of vehicles (other than pedal cycles,
perambulators and children’s toys) motor cycles, aircraft, locomotives, boats (other than hand-propelled craft)
animals (other than domestic dogs, cats and horses) or firearms.
(ii) any business trade or profession or the ownership or occupation of any land or building (other than the occupation
of a private dwelling house as a tenant but not as an owner).
(iii) any agreement entered into by the Insured unless liability would have attached to the Insured in the absence of the
agreement
(iv) the use of any lifts, hoists and vehicles.
In addition the Insurer will pay all costs and expenses recovered from the Insured by any claimant and/or incurred with
the written consent of the Insurer.
The Insurer agrees in terms of and subject to the limitations of this Section to indemnify any member of the Insured’s
household normally residing with the Insured (or in the event of the death of any person entitled to indemnity under this
part of the Policy his personal representatives) provided that such person shall as though he were the Insured observe,
fulfil and be subject to the terms in this Section so far as they can apply.
General Exceptions Applicable to all Contingencies covered
by the Policy
The Insurer shall not be liable in respect of:-
1. Any accident, loss, damage, expense, liability or bodily injury occasioned by or through or in consequence directly or
indirectly of:-
a) war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war
b) mutiny, civil commotion assuming the proportions of or amounting to a popular rising, military rising, insurrection,
rebellion, revolution, military or usurped power
c) as regards Perils (2) and (3) of Section A and B only any act of any person on behalf of or in connection with any
organisation with activities directed towards the overthrow by force of the Government de jure or de facto or to the
influencing of it by terrorism or violence.
In any action, suit or other proceedings where the Insurer alleges that by reason of the provisions of this Exception any
accident, loss, damage, expense, liability or bodily injury is not covered by this insurance the burden of proving that such
accident, loss, damage, expense, liability or bodily injury is covered shall be upon the Insured.
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2. Except as provided for under Peril (3) of Section A and Section B any accident, loss, damage, expense, liability or bodily
injury occasioned by or through or in consequence directly or indirectly of confiscation, commandeering, requisition or
destruction of or damage by order of the Government de jure or de facto or any public, municipal or local authority.
3. Any accident, loss, damage, expense, liability or bodily injury directly or indirectly caused by or arising from or in
consequence of or contributed to by:-
a) nuclear weapons material
b) ionising radiation 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 3(b), combustion shall include any self-
sustaining process of nuclear fission
4. Loss or damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or
supersonic speeds.
a) Compensation for damages in respect of judgments delivered or obtained in the first instance otherwise than by a
court of competent jurisdiction within the Republic of Uganda.
b) Costs and expenses of litigation recovered by any claimant from the Insured which are not incurred in and
recoverable in the Republic of Uganda.
General Conditions of the Policy
1. The indemnity provided under this policy excludes all claims arising from incidents occurring outside the territorial limits of
Uganda (unless specifically agreed by the Insurer in writing and the Policy is endorsed accordingly).
2. This Policy and the Schedule shall be read together and any word or expression to which a specific meaning has been
attached in any part of this policy or of the schedule shall bear such meaning wherever it may appear.
3. Provided under this Policy there shall be any other insurance in force the Insurer shall not be liable for more than its rateable
proportion thereof. Upon the happening of any such loss, damage, expense or liability, the Insured shall forthwith give
notice to the Insurer in writing of all other insurances effected by him or on his behalf covering the property or any part of
the property or liability insured under this policy and no claim under this policy shall be payable by the Insurer until such
notice shall have been received by them.
4. Nothing contained herein unless otherwise expressly stated, shall give any rights against the Insurer to any person other
than the Insured, his executors or administrators, and the Insurer will not be bound by any passing of the interest otherwise
than by death or operation of law, unless and until the Insurer shall by endorsement declare the Insurance to be continued.
5. If any claim under this policy shall be in any respect fraudulent or if any fraudulent means or devices shall be used to obtain
any benefit under this policy the Insurer shall be under no liability to meet such claim and the Policy shall immediately cease
to provide any further protection without the Insured being entitled to any return of premium.
6. Every right of the Insured accrued or to accrue will by way of subrogation pass to and absolutely vest in the Insurer to the
extent that the loss or damage insured by this Policy may be ultimately made good or diminished thereby.
7. This policy may be cancelled at any time at the request of the Insured in writing to the Insurer and the premium shall be
adjusted on the basis of the Insurer receiving or retaining the customary short term premium or minimum premium. The
Policy may also be cancelled by the Insurer by seven days notice given in writing to the Insured at his last known address
and the premium shall be adjusted on the basis of the Insurer receiving or retaining prorata premium.
8. If any difference arises as to the amount of any loss or damage, such difference shall Independently of all other questions
be referred to the decision of an arbitrator to be appointed in writing by the parties in difference or, if they cannot agree
upon a single arbitrator, to the decision of two disinterested persons as arbitrators, of whom one shall be appointed in
writing by each of the parties within two calendar months after having been required so to do by the other party. In case
either party shall refuse or fail to appoint an arbitrator within two calendar months after receipt of notice in writing requiring
an appointment, the other party shall be at liberty to appoint a sole arbitrator, and in case of disagreement between the
arbitrators the difference shall be referred to the decision of an umpire who shall have been appointed by them in writing
before entering on the reference and who shall sit with the arbitrators and preside at their meetings. The death of any
party shall not revoke or affect the authority or powers of the arbitrator, arbitrators or umpire respectively and in the event
of the death of an arbitrator or umpire another shall in each case be appointed in his stead by the party or arbitrators (as
the case may be) by whom the arbitrator or umpire so dying was appointed. The costs of the reference and of the award
shall be in the discretion of the arbitrator, arbitrators or umpire making the award. It is hereby expressly stipulated and
declared that it shall be a condition precedent to any right of action or suit upon this Policy that the award by such arbitrator,
arbitrators or umpire of the amount of the loss or damage, if disputed, shall be first obtained.
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Special Conditions Relating to Claims
Applicable after any event which gives rise or may give rise to a claim under this Policy:-
1. ALL CLAIMS
a) The Insured as soon as possible shall give the Insurer full particulars in writing and at his own expense shall provide
all certificated information and evidence in the form and as requested by the Insurer.
b) The Insured shall give any other assistance that the Insurer may require.
2. PROPERTY CLAIMS
The Insured shall notify the police immediately of any loss or damage due to theft, malice, riot and strikes.
3. LIABILITY CLAIMS
a) The Insured immediately on its receipt shall send any letter, claim, writ or summons to the Insurer.
b) The Insured immediately he has knowledge shall notify any related prosecution, inquest or fatal enquiry to the
Insurer.
c) No one without the written consent of the Insurer shall make any admission, offer or promise of payment.
d) The Insurer shall be entitled
(i) to conduct and control fully the defence of settlement of any claims
(ii) to prosecute for its own benefit in the name of the Insured or any Insured person any claim for indemnity
or damages.
Special Memoranda
1. The Insurer shall neither be bound to send any notice of renewal premium becoming due, nor to renew this Policy.
2. The due observance and fulfilment of the terms and conditions of this Policy and of any endorsements hereon so far as they
relate to anything to be done or complied with by the Insured or his personal representative and the truth of the statements
and answers in the said proposal shall be conditions precedent to any liability of the Insurer to make any payment under
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Excess: 10% of claim amount, minimum Ushs 100,000.
2.5% of claim amount for earthquake claims
Location of Premises: As specified in the scheduel
SECTION
AMOUNT OF COVER
A
BUILDINGS
As Specified in the Schedule
B
HOUSEHOLD CONTENTS
As Specified in the Schedule
C
ALL RISKS
As Specified in the Schedule
D
WORKERS’ COMPENSATION
As Specified in the Schedule
E
PUBLIC LIABILITY
As Specified in the Schedule
Policy Schedule
Policy number
Insured
The Postal Address
Location
Operative Endorsements
(Clauses)
Period of Insurance
Premium (Ugx)
Geographical Area
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ENDORSEMENTS APPLICABLE TO THE POLICY
THESE ENDORSEMENTS APPLY ONLY IF THE NUMBER SET AGAINST THEM APPEARS IN THE RELEVANT PLACE IN THE
SCHEDULE
3. PETROL AND MINERAL OIL WARRANTY III
Warranted that during the currency of this policy not more than 100 litres or such maximum quantity as is permitted by the
Rules of the Local Authority, whichever is the less, or Mineral Oil, Mineral Spirit, or Liquid Fuel (Vegetable or Mineral and by
whatever name known) giving off inflammable vapour below 65.6 degrees centigrade (such as Petrol, Naptha, Benzine,
Gasoline, Paraffin or the like)) be stored, deposited or kept in any building referred to in this policy and in any building or
buildings communicating therewith.
6. ELECTRICAL CLAUSE III
“Loss or damage by fire to the property insured arising from or occasioned by over-running, excessive pressure, short
circuiting, arcing, self-heating, or leakage of electricity, including all loss or damage by lighting to the property insured is
covered, subject to the terms and conditions of this policy, but it is expressly understood that no liability exists under this
policy for loss of or damage to any electrical machine, apparatus or any portion of the electrical installation unless caused
by fire or lightning”
7. EARTHQUAKE EXCESS
It is hereby declared and agreed that the Earthquake Extension under this policy is subject to the following deductible.
“The Company shall not be liable in respect of each and every claim for the first 2.5% of the sum insured for each and
every loss.
8. POLITICAL RISKS EXCLUSION CLAUSE
Notwithstanding any provision to the contrary within this policy or any endorsement thereto it is agreed that this policy
excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in
connection with any of the following regardless of any other cause or event contributing concurrently or in any other
sequence to the loss:
1. War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war;
2. Permanent or temporary dispossession resulting from confiscation, commandeering or requisition by any lawfully
constituted authority;
3. Mutiny, civil commotion assuming the proportions of or amounting to a popular or military 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;
4. Any act of terrorism
For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of
force or violence and/or the threat thereof, of any person or groups(s) of persons, whether acting alone or on
behalf of or in connection with any organisation(s) or government(s), committed for political, religious,
ideological, or ethnic purposes or reasons including the intention to influence any government and/or to put the
public, or any section of the public, in fear.
This endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused
by, resulting from or in connection with any action taken in controlling, preventing, suppressing or any way
relating to points (1), (2) (3), and/or (4) above.
If the insurers allege that by reason of this exclusion, any loss, damage cost or expense is not covered by this
policy the burden of proving the contrary shall be upon the insured.
9. TERRORISM EXCLUSION CLAUSE
The insurance provided under this policy shall not apply to the following:
Any loss, cost or expense arising out of or related to, either directly or indirectly, any “Terrorist Activity” as defined herein.
This exclusion applies regardless of any other cause or event that in any way contributes concurrently or in any sequence
to the loss, cost or expense. For the purposes of this exclusion,
A. “Terrorist Activity” shall mean any deliberate, unlawful act that:
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1. Is declared by any authorized governmental official to be or to involve terrorism, terrorist activity or acts of
terrorism; or
2. includes, involves, or is associated with the use or threatened use of force, violence or harm against any
person, tangible or intangible property, the environment, or any natural resources, where the act or
threatened act is intended, in whole or in part, to:
a) Promote or further any political, ideological, philosophical, racial, ethnic, social or religious cause or
objective of the perpetrator or any organization, association or group affiliated with the perpetrator;
influence, disrupt or interfere with any government related operations, activities or policies:
b) intimidate, coerce or frighten the general public or any segment of the general public; or
c) disrupt or interfere with a national economy or any segment of a national economy; or
3. includes, involves, or is associated with, in whole or in part, any of the following activities, or the threat
thereof:
a) hijacking or sabotage of any form of transportation or conveyance, including but not limited to
spacecraft, satellite, aircraft, train, vessel, or motor vehicle;
b) hostage taking or kidnapping
c) the use of any biological, chemical, radioactive, or nuclear agent, material, device or weapon;
d) the use of any bomb, incendiary device, explosive or firearm;
e) the interference with or disruption of basic public or commercial services and systems, including but
not limited to the following services or systems: electricity, natural gas, power, postal,
communications, telecommunications, information, public transportation, water, fuel, sewer or
waste disposal;
f) the injuring or assassination of any elected or appointed government official or any government
employee;
g) the seizure, blockage, interference with, disruption of, or damage to any government buildings,
institutions, functions, events, tangible or intangible property or other assets; or
h) the seizure, blockage, interference with, disruption of, or damage to tunnels, roads, streets,
highways, or other places of public transportation or conveyance.
B. Any of the activities listed in section a (3) above shall be considered Terrorist Activity except where the insured
can conclusively demonstrate to the insurer that the foregoing activities or threats thereof were motivated solely
by personal objectives of the perpetrator that are unrelated, in whole or in part, to any intention to:
1. promote or further any political, ideological, philosophical, racial, ethnic, social or religious cause or
objective of the perpetrator or any organization, association or group affiliated with the perpetrator;
2. influence, disrupt, or interfere with any government related operations, activities or policies;
3. intimidate, coerce or frighten the general public or any segment of the general public; or
4. disrupt or interfere with a national economy or any segment of a national economy
10. TERRORISM EXCLUSION CLAUSE FOR CONTAMINATION AND EXPLOSIVES
It is agreed that, regardless of any contributory causes, this policy does not cover any loss, damage, cost or expense
directly or indirectly arising out of
a) biological or chemical contamination
b) Missiles, bombs, grenades, explosives
due to any act of terrorism.
For the purpose of this endorsement an act of terrorism means an act, including but not limited to the use of force or
violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in
connection with any organization(s) or government(s), committed for political, religious, ideological, or ethnic purposes or
reasons including the intention to influence any government and/or to put the public, or any section of the public, in fear.
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For the purpose of (a) “contamination” means the contamination, poisoning, or prevention and/or limitation of the use of
objects due to the effects of chemical and/or biological substances.
If the insurers alleges that by reason of this exclusion, any loss, damage, cost or expense is not covered by this policy the
burden of proving the contrary shall be upon the insured
11. ELECTRONIC DATE RECOGNITION CLAUSE
Section 1
This policy does not cover any loss, damage, cost, claim or expense, whether preventative, remedial or otherwise, directly
or indirectly arising out of or relating to:
a) the calculation, comparison, differentiation, sequencing or processing of data involving the date change to the year
2000, or any other date change, including leap year calculations by any computer system, hardware, programme or
software and/or any microchip, integrated circuit or similar device in computer equipment or non-computer
equipment, whether the property of the insured or not; or
b) any change, alteration or modification involving the date change to the year 2000 or any other date change, including
leap year calculations, to any such computer system, hardware, programme or software or any microchip, integrated
circuit or similar device in computer equipment or non-computer equipment, whether the property of the insured or
not.
This clause applies regardless of any other cause or event that contributes concurrently or in any sequence to the loss,
damage, cost, claim or expense.
However, this section shall not apply in respect of physical damage occurring at the insured’s premises arising out of the
perils of fire, lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail, tornado, hurricane, cyclone, riot,
strike, civil commotion, vandalism, malicious mischief, earthquake, volcano, tsunami, freeze or weight of snow.
Section 2
Notwithstanding Section 1 above, this policy does to cover any costs and expenses, whether preventative, remedial or
otherwise, arising out of or relating to change, alteration or modification of any computer system, hardware, programme or
software or any microchip, integrated circuit or similar device in computer or non-computer equipment, whether the property
of the insured or not.
Section 3
The date change to the year 2000, or any other date change, including leap year calculations, shall not in and of itself be
regarded as an event for the purposes of this policy.
12. CLARIFICATION AGREEMENT
Property damage covered under this policy shall mean physical damage to the substance of property.
Physical damage to the substance of property shall not include damage to data or software, In particular any detrimental
change in data, software or computer programmes that is caused by a deletion, a corruption of a deformation of the original
structure.
Consequently, the following are excluded from this policy.
Loss of or damage to data or software, particularly any detrimental change in data, software, or computer programmes that
is caused by a deletion, a corruption or a deformation of the original structure, and any business interruption losses resulting
from such a loss or damage.
Notwithstanding this exclusion, loss of or damage to data or software, which is the direct consequence of insured physical
damage to the substance of property, shall be covered.
Loss or damage resulting from an impairment in the function, availability, range of use or accessibility of data, software or
computer programmes, and any business interruption losses resulting from such loss or damage.
13. POLLUTION/ CONTAMINATION EXCLUSION CLAUSE
This policy excludes any loss arising from Pollution or Contamination except (unless otherwise excluded) destruction of or
damage to the property insured caused by:
Pollution or contamination which itself results from a peril insured against any peril insured against which itself results from
a pollution or contamination.
This policy also excludes any liability in connection with disposed or dumped waste materials or substances
14. MORTGAGEE CLAUSE
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It is hereby specially agreed that this insurance as to the interest of the mortgagee as regards the buildings, landlord's
fixtures and rent insured only, shall not be invalidated by any act or neglect of the mortgagor or owner of the property
insured, nor by any misrepresentation or non-disclosure by the mortgagor or owner of the property insured, at the time
when the insurance is effected or renewed or during the currency thereof, nor by the alienation of the property nor by the
occupation thereof for purposes more hazardous than are permitted by this Policy, provided that such act, neglect, mis-
representation, non-disclosure, alienation or occupation shall have been effected without the knowledge or privity of the
mortgagee. Provided also that the mortgagee shall notify to the Company the happening or existence of such act, neglect,
mis-representation, non-disclosure, alienation or occupation as soon as the same shall come to the mortgagee's knowledge;
and shall, on reasonable demand pay the additional charge for any increase of hazard thereby created according to the
established scale or rates, for the time such increased hazard may be or shall have been, assumed by this Company during
the continuance of this insurance.
15. LIEN CLAUSE
Loss if any payable under this policy is payable to as their interest may appear and whose receipt will be a valid discharge.
16. ANNEXTURE F
It is hereby declared and agreed that the description of the building appearing in the schedule to this policy shall be altered
to read as follows;
"The private dwelling house or private flat belonging to the Insured (and occupied by him) part of which, not being a
separate building is used by him in connection with his profession as a medical Practitioner and all domestic offices, stables,
garages and outbuildings used solely in connection therewith and on the same premises including landlord's fixtures and
fittings therein and the walls gates and fences around and pertaining thereto.
It is further declared and agreed that this insurance remains subject to the terms and conditions of the policy with the
exception of Sub-Section B (Liability to the Public) of Section II which is hereby cancelled, except as regards that part of
the building not used for professional purposes".
17. EXCESS – SECTION C – ALL RISKS (
See Separate Mobile phone Excess
)
It is hereby declared and agreed that the Company shall not be liable to the first amounts or percentages whichever is
greater as shown in the schedule
18. MOBILE PHONE ACCIDENTAL DAMAGE & THEFT EXCESS
It is hereby declared and agreed that notwithstanding anything to the contrary in this policy, the excess applicable on
Mobile Phones is deemed to be Ugx 140,000/- or 25% of claim amount whichever is the greater
19. SINGLE ARTICLE LIMIT – SECTION B-CONTENTS
No one article to be deemed of greater value than 5% of the aggregate sum insured under each item unless specifically
arranged for and expressed in the schedule. The amount stated indicate the limit of the company’s liability but do not
apply admission of value
20. SINGLE ARTICLE LIMIT – SECTION C-ALL RISKS
No one article to be deemed of greater value than 5% of the aggregate sum insured under each item unless specifically
arranged for and expressed in the schedule. The amount stated indicate the limit of the company’s liability but do not apply
admission of value
21. BUILDING IN COURSE OF CONSTRUCTION
The insured agrees to insure under the policy, throughout the period of operation on the site, on the basis of the total
estimated completed value of the premises. If it should become apparent that the sum insured is either insufficient or
excessive the insured shall immediately request the Company to adjust such sum insured, and an appropriate adjustment
of the premium shall be made.
If on the happening of any loss or damage as insured by this policy, the total estimated completed value of the property
is greater than the sum insured thereon, then the Insured shall, notwithstanding any subsequent increase in the sum
insured, be considered as being his own insurer for the difference and shall bear a ratable proportion of the loss accordingly.
This extension does not cover Perils (A) to (E) appearing under this policy until when the building is completely enclosed
and roofed.
22. LONG TERM AGREEMENT
A discount of 7.5 per cent off the net premium for this Policy is allowed in consideration of the Insured having undertaken
to continue the insurance for a period of 3 years from the date as indicated in the Schedule and to pay the premium
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annually in advance, it being understood that the sum insured may be proportionately reduced to correspond with any
reduction in value.
Condition 7 of the policy is replaced by the following:-
This insurance may at any time be terminated at the option of the Insurers on notice to that effect being given to the
Insured in which case the Insurers shall be liable to repay on demand a rateable proportion of the premium for the
unexpired period of the insurance year concerned.
23. PUBLIC UTILITIES
The insurance by this policy extends to cover telephone, gas, water and electric instruments, meters, piping, cabling and
the like and accessories thereof; including similar property in adjoining yards or roadways or underground, all the property
of the insured or of others for which the insured are responsible.
24 BREACH OF WARRANTIES
The warranties and special memoranda attached to this Policy shall apply to the items concerned individually as if each were
insured by a separate Policy. The breach of any warranty or special memorandum shall void the Policy only in respect of the
item or items to which the breach applies and not in respect of the remaining items.
25 FIRE BRIGADE CHARGES
Municipal or local authority charges in connection with the extinguishment of fires and the cost of refilling fire extinguishing
appliances used to extinguish any fire will be admitted as a liability of this Policy provided that the total amount recoverable
under any item of this Policy does not exceed the sum insured thereby.
26 - PUBLIC AUTHORITIES
The insurance by this policy extends to include such additional costs of reinstatement of the destroyed or damaged property
thereby insured as may be incurred solely by reason of the necessity to comply with building or other Regulations under
or framed in pursuance of any Ordinance or with By-Laws of any Municipal or Local Authority provided that:-
(1) The amount recoverable under this extension shall not include:-
a)the cost incurred in complying with any of the aforesaid regulations or By-Laws
i) In respect of destruction or damage occurring prior to the granting of this extension;
ii) In respect of destruction or damage not insured by the policy
iii) Under which notice has been served upon the insured prior to the happening of the destruction or damage;
iv) In respect of undamaged property or undamaged portions of property.
b) The additional cost that would have been required to make good the property damaged or destroyed to a condition equal
to its condition when new, had the necessity to comply with any of the aforesaid Regulations or By-Laws not arisen.
c) The amount of any rate tax duty development or other charge or assessment arising out of capital appreciation which may
be payable in respect of the property or by the owners thereof by reason of compliance with any of the aforesaid
Regulations or By-Laws.
(2) The work of reinstatement must be commenced and carried out with reasonable despatch and in any case must be
completed within twelve months after the destruction or damage or within such further time as the Company may (during
the said twelve months) in writing allow and may be carried out wholly or partially upon another site (if the aforesaid
Regulations or Bye-Laws so necessitate) subject to the liability of the Company under this Extension not being thereby
increased.
(3) If the liability of the Company under any item of the policy apart from this Extension shall be reduced by the application
of any of the terms and conditions of the policy then the liability of Company under this extension (in respect of any such
item) shall be reduced in like proportion.
(4) The total amount recoverable under the policy shall not exceed the sum insured thereby.
(5) All the conditions of the policy except in so far as they may be hereby expressly varied shall apply as if they had been
incorporated herein.
22. OTHER TENANTS
It is hereby declared and agreed that should another tenant in the within described building do or omit to do, without the
knowledge of the Insured, anything which would vitiate the within policy conditions and/or Warranties, this Policy will not
be held to be void on that account provided that the Insured shall notify to the Company the happening or existence of
such act or omission as soon as the same shall come to his or her knowledge and shall on reasonable demand pay the
additional charge of any increase or hazard thereby created according to the established scale of rates, for the time such
increased hazard may be, or shall have been assumed by the Company during the continuance of this insurance.
23- ALL OTHER CONTENTS CLAUSE
It is agreed that the terms "All Other Contents" is understood to include:
(a) Money and Stamps not otherwise specifically insured for an amount not exceeding the amount shown in the schedule.
(b) Documents, Manuscripts and Business books but only for the value of the materials as stationery, together with the cost of
clerical labour expended in writing up, and not for the value to the Insured of the information contained therein and not for an
amount exceeding the limit as shown in the schedule in respect of any one Document, Manuscript or Business Book.
(c) Patterns, Models, Moulds, Plans and Designs, for an amount not exceeding the limit shown in the schedule in respect of any
one Pattern, Model, Mould, Plan or Design, and so far as they are not otherwise insured.
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(d) Employees' Pedal Cycles, Clothing, Tools and other Personal Effects for an amount not exceeding the limit as shown in the
schedule in respect of any one Employee.
(e) Computer systems records but only for the value of the materials together with the cost of clerical labour and computer time
expended in producing such records (excluding any expenses in connection with the production of information to be recorded
therein) and not for the value to the Insured of the information contained therein.
24- CAPITAL ADDITIONS
The insurance by this policy extends to cover alterations, additions and improvements (but not appreciation in value in
excess of the sums insured) to property (excluding stocks) specified herein for an amount not exceeding 10% of the sum
insured thereby, it being understood that the Insured undertakes to advise the Insurers each quarter of such alterations,
additions and improvements and to pay the appropriate additional premium thereon.
25 ALTERATIONS AND REPAIRS
Workmen are allowed in or about any premises herein referred to carrying out alterations and repairs without prejudice to
the terms of this insurance.
26 COST OF DEMOLITION AND CLEARING AND ERECTION OF HOARDINGS
The insurance by this policy is extended to include costs, necessarily incurred by the insured, in respect of the demolition
of Buildings and Machinery and or removal of debris from the site and in providing erecting and maintaining any street or
pavement hoarding required during demolition, site clearing and/or building operations following destruction of or damage
to the property insured by fire or any other perils hereby insured against; provided that the total amount recoverable under
any item of the Policy shall not exceed the sum insured thereby.
27- REINSTATEMENT OF LOSS
In consideration of the insured undertaking to pay an additional premium at the agreed rate on the amount of loss
calculated on a pro rata basis from the date of such loss to the expiry of the current period of insurance, it is agreed that
in the event of loss the insurance hereunder shall be maintained in force for the full sum insured.
28. GOODS IN TRUST
Notwithstanding anything contained in the Exception No. 7(a) of this Policy to the contrary it is hereby declared and agreed
that the indemnity expressed in this policy is deemed to include loss or damage to Goods held by the Insured in trust of
or on condition for which the insured is legally responsible.
29. AUTOMATIC COVERAGE
Cover is extended to include automatic coverage for newly acquired property similar to the existing property of the Insured,
provided that;(i) property up to a value of 10% of sum insured for each item insured shall be declared to insurers at expiry,
and/or (ii) property over this limit shall be declared to insurers within 30 days of acquisition, (iii) any additional Premium
Is paid at the Policy rate on pro rata basis.
29. Appraisement:
If the aggregate claim for any one loss does not exceed Ushs. or Ten percent (10%) of the sum
insured whichever is the lesser amount by the items affected, no special inventory or appraisement of the undamaged
property shall be required.
If two or more buildings be included in a single item, this provision shall apply to the range of buildings and/or contents
by the item or items affected.
30. Un-occupancy:
The insurance by this policy will not be prejudiced in the event of any buildings remaining unoccupied for a greater period
than 30 days, provided that in due course the insured or their agents give notice in writing to the insurers and on demand
pay such reasonable additional premium as the insurers may require.
31 Internal Removal:
It is understood and agreed that in the event of removal of property from one building to another at any of the aforesaid
situations being inadvertently not advised to the insurers, the insurance on such property shall follow removal, the
necessary adjustments in sums insured and premium being made as from the date of removal as soon as the oversight is
discovered.
32 Standard Explosion:
It is hereby declared and agreed that the insurance under this policy shall, subject to the Special Conditions hereinafter
contained, extend to include :-
Loss of or damage to the property insured by fire or otherwise directly caused by explosion, but excluding loss of or damage
to boilers, economisers, or other vessels, machinery or apparatus in which pressure is used or their contents resulting from
their explosion.
16
PROVIDED always that all the conditions of this policy (except insofar as expressly varied) shall apply as if they had been
incorporated herein and for the purpose hereof any loss or damage by explosion as aforesaid shall be deemed to be loss
or damage by fire within the meaning of this policy.
33. Adjoining Buildings:
Except where such property is more specifically insured, the items on the schedule of this policy extend to small outside
buildings, extensions and annexes adjoining or communicating with the building to which such item relates.
34. REMOVAL OF STOCK DEBRIS
It is understood that the insurance by this policy extends to include costs and expenses necessarily incurred by the insured
with the consent of the Company/Insurer: -
a) Removing debris
b) Dismantling and /or demolishing
c) Shoring up or propping
or the portion or portions of the property insured by the side items destroyed or damaged by fire or by other peril hereby
insured against.
The liability of the Company/ Insurer under this clause and the Policy shall in no case exceed the sum insured thereby.
35. Municipal Plans Scrutiny Fee:
The insurance on a building under any item of this policy is declared to include Municipal Plans Scrutiny Fees provided that
the total amount recoverable under any item of the policy shall not exceed the sum insured thereby.
36. Misdescription:
In the event of there being any mis-description of the buildings or occupation of any of the buildings claims will be payable
subject to the appropriate additional premium being paid, if necessary, with effect from inception.
37. Architects, Quantity Surveyors and Other Fees:
The insurance on building under any item of this policy is declared to include Architects, Quantity Surveyors’ and other
fees for estimates, plans, specifications, quantities, tenders and supervision necessarily incurred in the reinstatement or
replacement of the property consequent upon destruction or damage by any perils hereby insured against excepting insofar
as the Insurers elect to reinstate or replace wholly or in part any property so damaged or destroyed but in no case
exceeding the amount of fees which are recoverable under the Scales of fees published by the Royal Institute of Chartered
Surveyors and/or the Association of Consulting Engineers but subject to any amendment authorised by legislation applicable
to the Republics of Kenya, Uganda and Tanzania. It is understood and agreed that the amount payable in respect of such
fees shall not include expenses incurred in connection with the preparation of the Insured’s claim.
38. Consulting Engineer’s Fees:
The sum insured on Contents / Machinery by this policy is declared to include Consulting Engineer’s fees necessarily
incurred in the reinstatement or replacement of the said Contents / Machinery following destruction or damage by any
perils hereby insured against (excepting insofar as the insurers elect to reinstate or replace wholly or in part any property
so damaged or destroyed) but in no case exceeding the amount of fees which are recoverable under the scale of fees
published by the Association of Consulting Engineers.
30. Claim preparation clauses
Insurers will pay as per policy schedule maximum as the actually expended by the Insured with their prior consent in
producing and certifying any particulars or details required as specified below, but limited to sum stated in the schedule:
• In notifying Insurer and giving details of any other Insurance covering the same event
• In informing the Police of any particular claim involving theft (if required by Insurer), or loss of property and taking all
practical steps to discover the guilty party and recovering the stolen or lost property
• In providing Insurer with full particulars of claim and such proofs, information, and sworn declarations as the Insurer may
require
• In cooperation with Insurer, or their nominees, on behalf of the Insurer in minimising the loss or damage.
31. PREMIUM PAYMENT WARRANTY
1. Notwithstanding anything contained in the Policy, it is hereby expressly agreed and understood that cover under this
policy is granted on the condition that premium shall be paid in full within 30 days for direct and agent clients and 60
days for broker clients from the date of inception/renewal of the policy (whichever is applicable in the circumstances).
2. In the event that an alternative payment plan is agreed to, such plan will form part of the policy and the validity of this
policy is subject to strict adherence to such alternative payment terms. In case of default, the policy shall (unless
otherwise agreed with the Insurer) automatically cease as provided under 3 here below.
3. It is declared and agreed that, if premium is not paid in full within the period agreed under this policy, the policy shall be
automatically rendered null and void with effect from the date the premium is due and thereby relieve the Company of
any liabilities that would otherwise have arisen with effect from such date. For the avoidance of doubt, the payment of
17
premium after the due date does not automatically restore cover for the insured from the date of Inception/renewal of
the policy. The insurance company may restore such cover from the date of payment of premium.
4. It is also agreed and understood that the insured will still be required to pay a premium for the period of cover,
calculated at no less than the short term rates or prorated for such period, as computed by the insurance company.
32 RIOT AND STRIKE
It is hereby agreed and declared that notwithstanding anything in the within written Policy contained to the contrary the
insurance under this Policy shall extend to cover Riot and Strike damage which for the purpose of this endorsement shall mean
(subject always to the Special Conditions hereinafter contained). Loss of or damage to the property insured directly caused
by:
1. The act of any person taking part together with others in any disturbance of the public peace (whether in connection
with a strike or lock-out or not) not being an occurrence mentioned in Condition 6 of the Special conditions hereof.
2. The action of any lawfully constituted authority in suppressing or attempting to suppress any such disturbance or
in minimising the consequences of any such disturbance.
3. The wilful act of any striker or locked-out worker done in furtherance of a strike or in resistance to a lock-out.
4. The action of any lawfully constituted authority in preventing or attempting to prevent any such act or in minimising
the consequences of any such act.
SPECIAL CONDITIONS
For the purposes of this Endorsement but not otherwise there shall be substituted for the respectively numbered Conditions
of the Policy the following;
Condition 5
i). This insurance does not cover
(a) Loss of earnings, loss by delay, loss of market or other consequential or indirect loss or damage of any kind or description
whatsoever.
(b) Loss or damage resulting from total or partial cessation of work or the retarding or interruption or cessation of any process
or operation.
(c) Loss or damage occasioned by permanent or temporary dispossession resulting from confiscation, commandeering or
requisition by any lawfully constituted authority.
(d) Loss or damage occasioned by permanent or temporary dispossession of any building resulting from the unlawful
occupation by any person of such building
(e) Loss or damage directly or indirectly caused by or arising from or in consequence of or contributed to by nuclear weapons
material.
PROVIDED nevertheless that the company is not relieved under (c) or (d) above of any liability to the Insured in respect of
physical damage to the property insured occurring before dispossession or during temporary dispossession.
ii). This insurance does not cover loss or damage directly or indirectly caused by or arising from or in consequence of or contributed
to by ionising radiation or contamination by radioactivity from any nuclear waste from the combustion of nuclear fuel. For the
purposes of this condition 5(ii) only combustion shall include any self-sustaining process of nuclear fission.
Condition 6
This insurance does not cover loss or damage occasioned by or through or in consequence, directly or indirectly, of any of the
following occurrences, namely;
(a) War, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war.
(b) Mutiny, civil commotion assuming the proportions of or amounting to a popular rising, military rising, insurrection, rebellion,
revolution, military or usurped power, martial law or state of siege or any of the events or causes which determine the
proclamation of maintenance of martial law or state of siege.
(c) Acts of terrorism committed by a person or persons acting on behalf of or in connection with any organisation.
For the purpose of this Condition, "terrorism" means the use of violence for political ends and include any use of violence for the
purpose of putting the public or any section of the public in fear.
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In any action, suit or other proceeding, where the Company alleges that by reason of the provisions of this Condition any loss or
damage is not covered by this insurance, the burden of proving that such loss or damage is covered shall be upon the Insured.
Condition 7
Unless otherwise expressly stated in the Policy this insurance does not cover;
(a) Goods held in trust or on commission
(b) Bullion or unset precious stones
(c) Any curiosity or work of art for an amount exceeding Ugx 560,000/= or its local currency equivalent.
(d) Manuscripts, plans, drawings or designs, patterns, models or moulds.
(e) Securities, obligations, or documents of any kind, stamps, coined or paper money, cheques, books of account or
other business books, computer systems records.
(f) Explosives.
Condition 10
This insurance may at any time be terminated by the Company on notice to that effect being given to the Insured, in which case
the Company shall be liable to repay a rateable proportion of the premium for the unexpired term from the date of cancelation.
If the insurance be terminated at the request of the Insured the Company shall not be liable to repay the premium or any part of
it except in so far as the insurance applies to stocks in respect of which the Company shall retain a premium calculated according
to its customary short period scale for the time the said insurance has been in force.
Condition 17
If the property hereby insured shall at the breaking out of any fire or at the commencement of any destruction of or damage
to such property by any other peril insured against by this Endorsement be collectively of greater value than the sum insured
thereon, then the Insured shall be considered as being his own insurer for the difference and shall bear a ratable share of the
amount of the loss accordingly. Every item if more than one, of the Policy shall be separately subject to this condition.
PROVIDED that it hereby further expressly agreed and declared that:
(1) All the Conditions of this Policy shall apply in all respects to the insurance granted by this extension save in so far as the
same are expressly varied by the above Special condition and any reference to fire in the Conditions of the Policy shall be
deemed to include the perils hereby insured against.
(2) The Special Conditions herein shall apply only to the insurance granted by this extension and the Conditions of the Policy
shall apply in all respect to the insurance granted by the Policy as if this Endorsement had not been made thereon.
33 CONDITION OF AVERAGE (85%)
Whenever a sum insured is declared to be subject to the special condition of average then, if such sum shall at the breaking
out of any fire or at the commencement of any destruction of or damage to the property by any other peril hereby insured
against, be less than 85% of the value of the property insured in that amount, the insured shall be considered as being his
own insurer for the difference between the sum insured and the full value of the property insured at the time of such destruction
or damage and shall bear a rateable share of the loss accordingly.
34 SPECIAL PERILS
It is hereby declared agreed that notwithstanding anything contained herein to the contrary the insurance by this policy shall,
subject to the special conditions hereinafter contained, extend to include;
LOSS OR DAMAGE to the property described in the Schedule directly caused by:-
A. Hail, Snow, Wind, Hurricane, Cyclone, Tornado or Typhoon
B. Rain, provided the building(s) in respect of which this claim is made or containing the property in respect of which the
claim is made is so damaged by any of the perils specified in A supra as to admit rain water to the interior of the said
building(s).
C. Flood, which shall mean:-
(i) The overflowing or deviation from their normal channels of either natural or artificial water courses and
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(ii) Any flow or accumulation of water on the ground except when such flow or accumulation be of water emitted from any
water supply main, tap, pipe, valve or the like, save as referred to D and E hereof.
D. Overflowing of guttering and down pipes in connection therewith, or bursting or overflowing of municipal or other public water
supply mains.
E. Bursting or overflowing of water tanks, apparatus or pipes, excluding damage thereto.
F. Aircraft and other aerial devices and /or articles dropped there from.
G. Impact with any of the said buildings insured under this policy and/or any walls, gates and fences around and pertaining
thereto, by any road, vehicles, horses or cattle not belonging to or under the control of the insured, his agent or servant.
H. Subterranean Fire.
Provided that:-
(a) All the conditions of the policy (except insofar as Condition 6(b) is hereby expressly varied) shall apply as if they had
been incorporated herein.
(b) For the purposes hereof any destruction or damage as aforesaid shall be deemed to be destruction or damage by fire.
It is hereby expressly declared and agreed that;
1. In the event of the amount shown in the Schedule against any item being less that the total insurance(s) effected or on behalf
of the Insured on the same property against damage or destruction by fire the percentage of the loss payable by the Company
shall be in the proportion which the amount stated in the Schedule on the item affected bears to the total insurance(s) on such
item under the Fire Policies. Provided always that the maximum liability of the company in respect of any one claim arising under
this Policy shall not exceed the percentage stated in the Schedule of the amount shown against the item affected. Loss or damage
occurring to any one building or contents thereof during any one period of twenty-four hours shall be regarded as one claim for
the purposes of this Policy and no liability shall attach to the Company for loss or damage occurring more than 48 hours after the
happening of any of the contingencies insured against.
2. The first One Hundred and Fourty Thousand Shillings (140,000/-) of each and every claim under this Endorsement shall be
borne by the Insured.
3. In Every case of loss or damage, the Insured, must if required prove that no portion of the loss or damage claimed for was
caused otherwise than by the perils above specified.
4. It is a condition of this insurance that the Insured undertakes to exercise all ordinary and reasonable precautions for the
maintenance and safety of the property.
Unless otherwise expressly stated in this Policy this insurance does not cover;
5. (i) Loss or damage to drains, water courses, boundary walls, garden walls, retaining walls,
gates, posts or fences
(ii) Loss or damage to Conservatories, Glasshouses, Greenhouses, Pergolas, or the contents thereof.
(iii) Loss or damage to property contained in any portion of any building described in this Policy not completely enclosed and
roofed.
(iv) Loss or damage caused by Tidal Wave.
(v) Goods in the open.
The Company shall not be liable for;
6. (i) Water damage occasioned by or through leaking of any roof(s) unless such roof(s) is damaged by the perils referred
to in A supra or as a result or doors, windows or roof lights being left open.
(ii) Consequential loss or any kind whatsoever except loss or rent when specifically insured under this Policy.
(iii) Loss or damage to any building, or the contents thereof, if on the happening of any such loss or damage the building
was already in a damaged, defective, fallen or displaced condition as regards, foundations walls, ceilings, guttering, roofs,
doors, windows or roof lights.
(iv) Loss or damage due to ordinary wear and tear, gradual deterioration or normal exposure to the weather.
(v) Loss or damage caused by Subsidence or Landslip unless occasioned by and happening during the occurrence of any of
the perils hereby insured against.
(vi) Loss or damage occasioned by or through or in consequence of the action or order of any Government or Public Authority.
(vii) The company shall not be liable under this extension for loss or damage which at the time of the happening of such loss
or damage is insured by or would, but for the existence of this extension, be insured by any other existing policy or
policies except in respect of any excess beyond the amount which would have been payable under such other policy or
policies had this insurance not been effected.
(viii) Loss or damage caused by any aircraft to which permission to land has been extended by the Insured.
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35 POLICY CANCELLATION CLAUSE
This policy may also be cancelled at any time by the Insured giving 30 days notice in writing to the Company and the
premium hereon shall be adjusted on the basis of the Company retaining the earned premium to date of cancellation on
Short Period Rate or the minimum Premium whichever shall be the greater.