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Policywordings Money

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0% found this document useful (0 votes)
36 views4 pages

Policywordings Money

Uploaded by

basicallylogs
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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LONPAC INSURANCE BHD 199401021735 (307414-T)

Class Of Policy:

MONEY POLICY

For Consumer Insurance Contracts (Insurance wholly for purposes unrelated to the Insured’s trade, business or profession)
This Policy is issued in consideration of the payment of premium as specified in the Policy Schedule and pursuant to the answers given in the
Insured’s Proposal Form (or when the Insured applied for this insurance) and any other disclosures made by the Insured between the time of
submission of the Insured’s Proposal Form (or when the Insured applied for this insurance) and the time this contract is entered into. The
answers and any other disclosures given by the Insured shall form part of this contract of insurance between the Insured and Lonpac Insurance
Bhd (hereinafter called “the Company”). However, in the event of any pre-contractual misrepresentation made in relation to the Insured’s
answers or in any disclosures given by the Insured, only the remedies in Schedule 9 of the Financial Services Act 2013 will apply.

This Policy reflects the terms and conditions of the contract of insurance as agreed between the Insured and the Company.

For Non - Consumer Insurance Contracts (Insurance for purposes related to the Insured’s trade, business or profession)
This Policy is issued in consideration of the payment of premium as specified in the Policy Schedule and pursuant to the answers given in the
Insured’s Proposal Form (or when the Insured applied for this insurance) and any other disclosures made by the Insured between the time of
submission of the Insured’s Proposal Form (or when the Insured applied for this insurance) and the time this contract is entered into. The
answers and any other disclosures given by the Insured shall form part of this contract of insurance between the Insured and the Company. In
the event of any pre-contractual misrepresentation made in relation to the Insured’s answers or in any disclosures made by the Insured, it may
result in avoidance of the Insured’s contract of insurance, refusal or reduction of the Insured’s claim(s), change of terms or termination of the
Insured’s contract of insurance.

This Policy reflects the terms and conditions of the contract of insurance as agreed between the Insured and the Company.

NOW THIS POLICY WITNESSES that subject to the terms exclusions limits and conditions contained herein or endorsed or otherwise
expressed hereon the Company will indemnify the Insured against:
Loss of Money that is, Cash Bank Notes Currency Notes Cheques Postal Orders or Money Orders by any cause whatsoever not otherwise
excepted, in the Circumstances as described in the Schedule attached hereto actually occurring during the Period of Insurance stated in the
said Schedule or during any further period for which the Company may accept payment for the renewal of this Policy.

EXCEPTIONS
EXCEPTIONS
This Policy shall not indemnify the Insured against loss:
1. Arising from fraud or dishonesty of the Insured s employees.
2. Due to clerical or accounting errors.
3. Due to unexplained circumstances.
4. Insured (or which would but for the existence of this Policy be insured) by any fidelity guarantee policy.
5. Due to depreciation in value.
6. From an unattended vehicle.
7. Due to consequential loss of any kind.
8. Of monies abstracted from Safes/Drawers/Cabinets following the use of the key to the Safes/Drawers/Cabinets or any duplicate thereof
belonging to the Insured unless such key has been obtained by threats or violence and provided that the Safes/Drawers/Cabinets be
kept locked except when in immediate use.
9. Arising directly or indirectly proximately or remotely occasioned by contributed to by or traceable to or arising out of or in connection
with invasion act of foreign enemies hostilities or warlike operations (whether war be declared or not) civil war strike riot civil commotion
mutiny rebellion revolution insurrection military or usurped power or by any direct or indirect consequence of any of the said occurrences
and in the event of any claim hereunder the Insured shall prove that the loss or damage arose independently and was in no way connected
with or occasioned by or contributed to by or traceable to any of the said occurrences or inconsequence thereof and in default of such
proof the Company shall not be liable to make any payment in respect of such a claim.
10. Or any expense whatsoever resulting or arising therefrom or any consequential loss directly or indirectly caused by or contributed to by
or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion
of nuclear fuel. Solely for the purpose of this exclusion, combustion shall include any self-sustaining process of nuclear fission.
The Indemnify or compensation provided by this Policy shall not apply to nor include any accident, loss, destruction or damage directly
or indirectly caused by or contributed to by or arising from nuclear weapons material.

11. I.T. CLARIFICATION CLAUSE


Property damage covered under this Insurance shall mean physical damage to the substance of properly.
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 programs that is caused by a deletion, a corruption or a deformation of the original structure.
Consequently the following are excluded from this Insurance:
A. Loss of or damage to data or software, in particular any detrimental change in data, software or computer programs that is
caused by a deletion, a corruption or a deformation of the original structure, and any business interruption losses resulting from
such 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.
B. Loss or damage resulting from an impairment in the function, availability, range of use or accessibility of data, software or computer
programs, and any business interruption losses resulting from such loss or damage.
23/PRN/TNC/GM00/Feb v-1.3.0

(Munich Re)

12. TERRORISM EXCLUSION ENDORSEMENT


Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes
loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connecting with any act of
terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss.
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 organisation(s) or
government(s), committed for political, religious, ideogical or similar purposes 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 in any way relating to any act of terrorism.
If the Company allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden
of proving the contrary shall be upon the insured.

Page 1 of 4
LONPAC INSURANCE BHD 199401021735 (307414-T)
Class Of Policy:

In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

13. PROPERTY CYBER AND DATA EXCLUSION (LMA 5401)


1. Notwithstanding any provision to the contrary within this Policy or any endorsement thereto this Policy excludes any:

1.1 Cyber Loss;


1.2 loss, damage, liability, claim, cost, expense of whatsoever nature directly or indirectly caused by, contributed to by, resulting
from, arising out of or in connection with any loss of use, reduction in functionality, repair, replacement, restoration or
reproduction of any Data, including any amount pertaining to the value of such Data;

regardless of any other cause or event contributing concurrently or in any other sequence thereto.

2. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
3. This endorsement supersedes and, if in conflict with any other wording in the Policy or any endorsement thereto having a bearing on
Cyber Loss or Data, replaces that wording.

Definitions

4. Cyber Loss means any loss, damage, liability, claim, cost or expense of whatsoever nature directly or indirectly caused by, contributed
to by, resulting from, arising out of or in connection with any Cyber Act or Cyber Incident including, but not limited to, any action taken
in controlling, preventing, suppressing or remediating any Cyber Act or Cyber Incident.
5. Cyber Act means an unauthorised, malicious or criminal act or series of related unauthorised, malicious or criminal acts, regardless of
time and place, or the threat or hoax thereof involving access to, processing of, use of or operation of any Computer System.
6. Cyber Incident means:
6.1 any error or omission or series of related errors or omissions involving access to, processing of, use of or operation of any
Computer System; or
6.2 any partial or total unavailability or failure or series of related partial or total unavailability or failures to access, process, use or
operate any Computer System.
7. Computer System means:
7.1 any computer, hardware, software, communications system, electronic device (including, but not limited to, smart phone, laptop,
tablet, wearable device), server, cloud or microcontroller including any similar system or any configuration of the aforementioned
and including any associated input, output, data storage device, networking equipment or back up facility, owned or operated by
the Insured or any other party.
8. Data means information, facts, concepts, code or any other information of any kind that is recorded or transmitted in a form to be
used, accessed, processed, transmitted or stored by a Computer System.

LMA5401
11-Nov-19

14. SANCTION LIMITATION AND EXCLUSION CLAUSE (LMA 3100)


No insurer shall be deemed to provide cover and no insurer shall be liable to pay any claim or provide any benefit hereunder to the extent
that the provision of such cover, payment of such claim or provision of such benefit would expose that insurer to any sanction, prohibition or
restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom
or United States of America.

CONDITIONS
1. This Insurance shall not commence until the Premium has been actually paid to and accepted by the Company and the Company’s
official acceptance letter or Policy has been issued; and no payment in respect of any premium shall be deemed to be payment to
the Company unless a printed form of receipt signed by an official or duly authorised representative of the Company shall have been
issued therefor.
2. All notices required to be given by the Insured to the Company must be in writing addressed to the Branch or Agency of the Company
from which this Policy was issued and notice or knowledge of anything relating to this Policy or any claim hereunder shall not be deemed
to be notice to or within the knowledge of the Company unless so given, and no alteration in the terms of this Policy, nor any endorsement
thereon, will be held valid unless the same is signed or Initialled by an authorised representative of the Company.
3. This Insurance may be terminated at any time at the request of the Insured. In which case the Company will retain the customary short
period rate for the time the Policy has been in force. This Insurance may also at any time be determined at the option of the Company,
on notice to that effect being given to the Insured by Registered Letter at the Insured’s address as last known to the Company, in which
case the Company shall be liable to repay a rateable proportion of the premium for the unexpired term from the date of cancelment.
4. The Insured shall take all reasonable precautions for the safety of the Property insured and immediately upon having knowledge of any
event giving rise or likely to give rise to a claim under this Policy shall:
(a) in the case of theft or loss or criminal act give notice to the police and render all reasonable assistance in causing the discovery
and securing the conviction of the offender and in tracing and recovering the Property.
(b) in all cases give notice to the Company in writing and within seven (7) days thereafter deliver to the Company a claim in writing
and supply all such detailed proofs and particulars as may be reasonably required by the Company.
(c) in all cases, a complete record of the amount of cash kept in the Safes/Drawers/Cabinets shall be kept in some other place other
than in the said Sales/Drawers/Cabinets and that the liability of the Company shall be limited to the amount of Cash shown
by the record to be in the said Safes/Drawers/Cabinets at the time of loss not exceeding in all the sum of Ringgit Malaysia (RM)
as stated In the Schedule.
23/PRN/TNC/GM00/Feb v-1.3.0

5. Immediately upon the happening of any loss under the Money-In-Premises section of the policy, the Limit of Liability under that section
shall be reduced by the amount of the loss and such reduced Limit of Liability shall be the limit of the Company’s liability under that
section in respect of any further losses or damage occurring during the current period of Insurance unless the Company consents
upon payment of additional premium to reinstate the full limit of Liability.
6. The Company may at any time at its own expense use all legal means in the name of the Insured for recovery of any of the Property
lost and which forms the subject of a claim under this Policy and the Insured shall give all reasonable assistance for that purpose. Any
Money recovered after the settlement of any claim hereunder shall be the property of the Company not exceeding however the amount
paid by the Company in respect of such claim.
7. The Premium hereunder and all Renewal Premiums that may be accepted in respect of the transit risks are to be regulated by the
amount of money as described in the Schedule covered during the current Period of Insurance. A proper record shall be kept in the
books of the Insured of all such money in transit so insured. The Insured shall at all times allow the Company to inspect such books and
within 30 days from the expiry of each Period of Insurance shall supply the Company with a correct account of all such money in transit
insured by this Policy during the said period. If the ascertained amount shall differ from the estimated amount on which premium has
been paid the difference in premium shall be met by a further proportionate payment to the Company or by a refund by the Company
as the case maybe.

Page 2 of 4
LONPAC INSURANCE BHD 199401021735 (307414-T)
Class Of Policy:

8. If at the time of the happening of any loss covered by this Policy there shall be subsisting any other Insurance of any nature whatsoever
covering the property insured whether effected by or on behalf of the Insured, then the Company shall not be liable to pay or contribute
more than its rateable proportion of such loss.
9. The Insured shall not incur any expense in making good any damage without the written consent of the Company and shall not negotiate
pay settle admit or repudiate any claim without the like consent.
10. Nothing contained herein shall give any rights against the Company to any person other than the Insured, and the Company will not be
bound by any passing of the interest of the Insured otherwise than by death, unless and until the Company shall by endorsement hereon
declare the insurance to be continued.
11. If any difference arises as to the amount of the Company’s liability under this Policy, such difference shall independently of all other
questions be referred to the decision of an Arbitrator to be appointed in writing by both parties or if they cannot agree upon a single
Arbitrator to the decision of two Arbitrators of whom one shall be appointed in writing by each of the parties and in case of disagreement
between the Arbitrators, the difference shall be referred to the decision of an Umpire who shall have been appointed in writing by the
Arbitrators before entering on the reference, and an award by arbitration shall be condition precedent to any right of action against the
Company as regards any dispute regarding the amount of the Company’s liability under this Policy.
12. In no case whatever shall the Company be liable for any loss after the expiration of twelve months from the happening of the loss
unless the claim is the subject of pending court action or arbitration.
13. The due observance and fulfilment of the terms conditions and endorsement of this Policy by the Insured in so far as they relate to
anything to be done or complied with by him and the truth of the statements and answers in the said proposal shall be conditions precedent
to any liability of the Company to make any payment under this Policy.
14. The Company shall not be liable for any loss or damage caused by or attributed to the act of cheating by any person within the meaning
of the definition of the offence of cheating set out in the Penal Code.
Cheating as defined in the Penal Code is as follows:
"Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property or intentionally
induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which actor
omission causes or likely to caused damage to harm to that person in body, mind, reputation or property is said to cheat."
15. The Company shall not be liable for any loss or damage caused by or attributed to the act of criminal breach of trust by any person
within the meaning of the definition of the offence of criminal breach of trust set out in the Penal Code.
Criminal breach of trust as defined in the Penal Code is as follows:
"Whoever, being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates or converts to
his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in
which such trust is to be discharged, or of any legal contract, express or implied which he has made touching the discharge of such trust,
or willfully suffers any other person so to do, commits criminal breach of trust .”

16. DUTY OF DISCLOSURE


Consumer Insurance Contracts
Where the Insured has applied for this Insurance wholly for purposes unrelated to the Insured’s trade, business or profession, the Insured
has a duty to take reasonable care not to make a misrepresentation in answering the questions in the Proposal Form (or when the Insured
applied for this insurance) i.e. the Insured should have answered the questions fully and accurately. Failure to has taken reasonable care
in answering the questions may result in avoidance of the Insured’s contract of insurance, refusal or reduction of the insured’s claim(s),
change of terms or termination of the Insured’s contract of insurance in accordance with the remedies in Schedule 9 of the Financial Services
Act 2013. The Insured was also required to disclose any other matter that the Insured knew to be relevant to the Company’s decision in
accepting the risks and determining the rates and terms to be applied.

The Insured also has a duty to tell the Company immediately if at any time after the Insured’s contract of insurance has been entered
into, varied or renewed with the Company any of the information given in the Proposal Form (or when the Insured applied for this
insurance) is inaccurate or has changed.

Non-Consumer Insurance Contracts


Where the Insured has applied for this Insurance wholly for purposes related to the Insured’s trade, business or profession, the Insured
has a duty to disclose any matter that the Insured know to be relevant to the Company’s decision in accepting the risks and determining
the rates and terms to be applied and any matter a reasonable person in the circumstances could be expected to know to be relevant
otherwise it may result in avoidance of the Insured’s contract of insurance, refusal or reduction of Insured’s claim(s), change of terms or
termination of the Insured’s contract of insurance.

The Insured also has a duty to tell the Company immediately if at any time after the Insured’s contract of insurance has been entered into
varied or renewed with the Company any of the information given in the Proposal Form (or when the Insured applied for this insurance)
is inaccurate or has changed.

17. PREMIUM WARRANTY


It is a fundamental and absolute special condition of this contract of insurance that the premium due must be paid and received by the
Company within sixty (60) days from the inception date of this Policy / Endorsement / Renewal Certificate.
If this condition is not complied with then this contract is automatically cancelled and the Company shall be entitled to the pro-rata
premium for the period they have been on risk.
Where the premium payable pursuant to this warranty is received by an authorised agent of the Company, the payment shall be deemed
to be received by the Company for the purposes of this warranty and the onus of proving that the premium payable was received by a
person, including an insurance agent, who was not authorised to receive such premium shall lie on the Company.
Subject otherwise to the terms and conditions of this Policy.
23/PRN/TNC/GM00/Feb v-1.3.0

Page 3 of 4
LONPAC INSURANCE BHD 199401021735 (307414-T)
Class Of Policy:

THIS PAGE IS INTENTIONALLY LEFT BLANK

23/PRN/TNC/GM00/Feb v-1.3.0

Page 4 of 4

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