United Policy Wordings
United Policy Wordings
United Policy Wordings
1. OPERATIVE CLAUSE:
WHEREAS the insured named in the Schedule hereto and carrying on the business/profession described in the said Schedule
has applied to the United India Insurance Company Limited [hereinafter called 'the Company] for the indemnity hereinafter
contained and has made a written proposal and declaration which shall be the basis of this contract as is deemed to be
incorporated, herein and has paid the premium as consideration for or on account of such indemnity.
NOW THIS POLICY WITHNESSETH that subject to the terms exceptions and conditions contained herein or endorsed hereon
the company will indemnify the Insured against their legal liability to pay compensation including defence costs, fees and
expenses any where in India, in accordance with Indian Law.
2. INDEMNITY
The Indemnity applies only to claims arising out of losses and/or damages during the period of insurance first made in
writing against the Insured during the Policy Period and Insured is indemnified in accordance with Operative Clauses for any
breach of Professional duty by reason of any negligent act, error or omission, whenever wherever committed or alleged to
have been committed during the period of insurance, by
(ii) the predecessors in business of the said firm in respect of whom insurance coverage is expressly provided in the
schedule.
(iii) Any person at any time employed by the Insured or by such predecessors in business in the conduct, by or on behalf of
the said firm or such predecessors of any business conducted in their professional capacity.
(a) such Act during the Period of Insurance results in a claim being first made in writing against the insured during the
policy period as stated in the Schedule.
(b) There shall be no liability hereunder for any claim made against the insured for act committed or alleged to have been
committed prior to the Retroactive Date specified in the Schedule.
(a) 'Policy Period' means the period commencing from twelve midnight following the date of acceptance of risk and payment
of the premium and terminating at midnight on the expiry date as shown in the Policy Schedule.
(b) 'Period of Insurance' means the period commencing from the retroactive date and terminating on the expiry date as
shown in the Policy Schedule.
(c) 'Bodily Injury' means death, injury, illness or disease of or to any person.
3 LIMIT OF INDEMNITY:
Company's total liability to pay Compensation claimant's costs, fees and defence costs shall not exceed the limit of
Indemnity stated in the schedule Indemnity Limit applies to any one claim or series of claims arising from one originating
cause. Indemnity Limit shall represent the total amount of Company’s liability during the policy period.
4. DEFENCE COSTS:
The Company will pay all costs, fees and expenses incurred with their prior consent in the investigation, defence or
settlement of any claim made against the Insured and the costs of representation at any inquest, inquiry or other
proceedings in respect of matters which have a direct relevance to any claim made or which might be made against the
Insured, provided such claim or claims are the subject of indemnity by the Policy. Such costs, fees and expenses are called
'Defence Costs'.
Should the Insured notify the Company during the Policy Period in accordance with General Condition No. 10.1 of any
specific event or circumstance which the Company accepts may give rise to a claim or claims which form the subject of
indemnity by this policy, then the acceptance of such notification means that the Company will deal with such claim or
claims as if they had first been made against the Insured during the Policy period. The extension under the Clause will
be subject to the maximum time limit laid down under the Indian Limitations Act in force from time to time.
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In the event of non-renewal or cancellation of this Policy, either by the company or by the Insured, the company will
allow a time limit not exceeding 90 days from the date of expiry or cancellation of the policy provided no insurance is
in force during this extended reporting period for the same interest, for notification of claims for accidents which had
taken place during the period of insurance but could not be made during the policy period. Provided however, all
claims made during the extended reporting period shall be handled as if they were made on the last day of the expiring
Policy period and are subject to the limits of indemnity and the terms conditions and exceptions of the policy.
For the purpose of this policy where a series of losses and/or bodily injuries and/or deaths are attributable directly or
indirectly to the same cause or error or omission relating to discharge of professional services all such losses and/or bodily
injuries and/or death claims shall be added together and all such losses and/or bodily injuries and/or death shall be treated
as one claim and such claim shall be deemed to have been made at the point in time when the first of the claims was made
in writing. There, shall, however, be no coverage for claims made arising from one specific cause which are made later than
3 years after the first claim of the series.
7. COMPULSORY EXCESS/DEDUCTIBLE:
The Insured shall bear for each and every claim a Compulsory Excess/Deductible of 1/2% of the Limit of Indemnity per any
One Year as shown in the schedule subject to minimum of Rs. 5000/- and maximum of Rs. 1 lac.
8. VOLUNTARY EXCESS/DEDUCTIBLE:
In the event of the Insured opting the policy shall be subject to a voluntary excess/deductible as mentioned in the schedule.
This voluntary excess/deductible shall be applicable to each and every claim. The Company’s Liability shall attach for the
claim in excess/deductible of such compulsory and voluntary excess/deductible.
9. EXCLUSIONS:
This Policy shall not indemnify the insured against any claim made against them in respect of :
(a) (i) arising out of all personal injuries such as libel, slander, false arrest, wrongful eviction, wrongful detention,
defamation etc. and mental injury, anguish or shock resulting there from.
(ii) Infringement of plans, copyright, patent, trade name, trade mark, registered design.
(b) Infringement of patents and copyrights or arising from the granting of licenses by the Insured as a party to the
construction project.
(d) liabilities assumed by the Insured by agreement and which would not have attached in the absence of such agreement.
(e) loss of any documents/data/information/losses sustained on account of time spent in investigating the cause of
damage (including costs for re-projecting in connection with the damage) and claims for losses sustained.
(f) bodily injury, sickness, disease, death damage to property or financial loss and/or consequential loss unless arising out
of wrongful, faulty or inadequate design or advice.
(h) the ownership, maintenance, use, occupation, leasing or custody of property mobile and/or immobile by, to or on
behalf of the Insured, or brought about by damage to or destruction of property owned by, rented or leased to or in
the custody of the Insured.
(j) fines, penalties punitive or exemplary damages or any other damages resulting from the multiplication of
compensatory damages.
(k) any happening through or in consequence of war, invasion, act of foreign enemy, hostilities (whether war be declared
or not) civil war, rebellion, revolution, insurrection or military or usurped power.
i) ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the
combustion of nuclear fuel.
ii) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear
component thereof.
(m) Earthquake, earth-tremor, volcanic eruption, flood, storm, tempest, typhoon hurricane, tornado, cyclone or other
similar convulsion of nature and atmospheric disturbance.
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(n) any loss and/or damage and/or injury which has its origin in a neglect, error or omission prior to the Retroactive Date
mentioned in the Schedule.
(o) the non-compliance with technical standards commonly observed in professional practice, laid down by law, or
regulated by official bodies.
(q) Ownership and/or conduct any other business or activities wholly or partly owned/operated or managed except the
business described in the Schedule.
(r) arising from exceeding higher estimates and costs from not adhering to deadlines in completing the construction of
project or part thereof and from defective accounts or control of accounts.
(t) activities of the Insured as joint venture or as partner unless such joint venture and/or partnership is described in the
Schedule; the liability of the Company being limited to the extent of participation/share in the business so named.
(u) any contract where the Insured acts as a construction contractor whether or not in conjunction with his/their
profession as stated in the Schedule.
(w) claims for losses as a consequence of material or construction damage, such as eq. loss of production of all kinds, loss
for inferior performance, poor quality or lower profitability and additional futile expenditure of the principal to reach
normal performance, quality or profitability.
(x) claims for damage caused by motor vehicles, sea vessels or aircraft.
10. CONDITIONS:
(a) The Insured shall give written notice to the Company as soon as reasonably practicable of any claims made against
the Insured (or any specific event or circumstances that may give rise to a claim being made against the Insured)
and which forms the subject of indemnity under this policy and shall give all such additional information as the
Company may require. Every claim writ, summons or process and all documents relating to the event shall be
forwarded to the Company immediately they are received by the Insured.
(b) No admission, offer, promise or payment shall be made or given by or on behalf of the Insured without the written
consent of the Company.
(c) The Company will have the right but in no case the obligation, to take over and conduct in the name of the insured
the defence of any claims and will have full discretion in the conduct of any proceedings and in the settlement of any
claim and having taken over the defence of any claim may relinquish the same. All amounts expended by the
Company in the defence, settlement or payment of any claim will reduce the limits of indemnity specified in the
Schedule of the Policy.
(d) The Insured shall give all such information and assistance as the company may reasonably require.
(e) The Insured shall give notice as soon as reasonably practicable of any fact, event or circumstance which materially
changes the information supplied to the Company at the time when this policy was effected and the Company may
amend the terms of this policy.
(f) The Company may at any time pay to the Insured in connection with any claim or series of claims under this policy to
which an indemnity limit applies the amount of such limit (after deduction of any sums already paid) or any lesser
amount for which such claims can be settled and upon such payment being made the Company shall relinquish the
conduct and control of and be under no further liability in connection with such claims.
(g) The Policy and the Schedule shall be read together as the contract and any word or expression to which a specific
meaning had been attached in any part of this policy or the Schedule shall bear such specific meaning wherever it
may appear. The terms and exclusions of this policy (and any phrase or word contained therein) shall be interpreted
in accordance with Indian Law.
(h) If at the time of happening of any event resulting into a liability under this policy, there be any other liability
insurance or insurances effected by the insured or by any other person covering the same liability, then the Company
shall not be liable to pay or contribute more than its rateable proportion of such liability.
(i) This Policy does not cover liability which at the time of happening of any event resulting into such liability be insured
by or would but for the existence of this policy, be insured by, any other policy (but not a liability policy) or policies,
except in respect of any excess/deductible beyond the amount which could have been payable under such
policy/policies had this insurance not been effected.
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The Company may at any time cancel the Policy on grounds of misrepresentation, fraud, non-disclosure of material
fact or non-cooperation by the insured by sending fifteen days notice in writing by Registered A/D to the insured at
his last known address in which case the Company shall return to the insured a proportion of the last premium
corresponding to the unexpired period of insurance if no claim has been paid under the policy. The insured may at
any time cancel this policy and in such event the Company shall allow refund of premium at Companys short period
rates provided no claim has occurred upto the date of cancellation.
(k) In the event of Liability arising under the Policy or the Payment of a claim under this Policy, the limit of indemnity per
any one year under the policy shall get reduced to the extent of quantum of liability to be paid or actual payment of
such claim. Under no circumstance it shall be permissible to reinstate the aggregate limit of indemnity to the original
level even on payment of extra premium.
(l) It is also hereby further expressly agreed and declared that if the Company shall disclaim liability to the Insured for
any claim hereunder and such claim shall not within 12 calendar months from the date of such disclaimer have been
made the subject matter of suit in a court of Law then the claim shall for all purposes be deemed to have been
abandoned and shall not thereafter be recoverable hereunder.
(m) The Company shall not be liable to make any payment under this Policy in respect of any claim if such claim shall be
in any manner fraudulent or supported by any statement or device whether by Insured or by any person on behalf of
the Insured and/or if the Insurance has been continued in consequence of any material mis-statement or the non-
disclosure of any material information by or on behalf of the Insured.
(n) No claim shall be payable under this policy unless the cause of action arises in India and the Liability to pay claim is
established against the insured in an Indian Court. It is further agreed and understood that only Indian Law shall be
applicable to any such action.
Any dispute concerning the interpretation of the terms conditions limitations and/or exclusions contained herein is
under stood and agreed to by both the Insured and Company to be subject to Indian Law. Each party agrees to
submit to the jurisdiction of any Court of competent jurisdiction within India and to comply with all requirements
necessary to give such Court of jurisdiction. All matters arising hereunder shall be determined in accordance with the
law and practice of such court.
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