Section 1 - Property
Cover / Exclusions / Conditions
SECTION DEFINITIONS
1. Damage means
loss or destruction of or damage to the School Property and the word Damaged shall be construed accordingly
SECTION INSURING CLAUSE (what is insured)
If during the Period of Insurance School Property is Damaged the Company will pay the amount of the Damage or at its option repair reinstate or replace such School Property as specified in Section Condition 2
SECTION EXTENSIONS
Unless stated to the contrary none of the under noted Extensions shall operate to increase the liability of the Company beyond the Sums Insured set forth in the Schedule and each Extension is subject otherwise to the terms Definitions Exclusions and Conditions of this Section and this Policy
1. Costs and Expenses
The Company will pay the under noted costs and expenses necessarily and reasonably incurred in the reinstatement of School Property following Damage insured under this Section
| (a) fees to architects surveyors consulting engineers and others | |
| (b) the costs and expenses of clearing the site and making it and the Building(s) safe | |
| (c) the cost of complying with any government or local authority requirement following Damage but excluding any such cost where notice of any such requirement has been given before the occurrence of Damage |
The Company will not pay
| (a) fees for preparing a claim under this Section | ||
| (b) costs and expenses in respect of undamaged parts of the Building(s) (other than the foundations of the damaged parts) | ||
| (c) any costs or expenses | ||
| (i) incurred in removing debris except from the site of such Damage and the area immediately adjacent to such site | ||
| (ii) arising from Pollution or Contamination of property not insured by this Section | ||
2. Automatic Reinstatement of Sum Insured
Following any Damage the Company will reinstate the Sum Insured without additional premium
3. Additions
Additions being newly acquired or erected buildings (including buildings inherited by or bequeathed to the Insured) alterations additions or improvements to Buildings or Contents not otherwise insured will be included for an amount not exceeding €1,000,000
Provided that the Insured shall
| (a) notify the Company as soon as practicable following such Additions | |
| (b) pay any additional premium required by the Company |
4. Revisions of Sums Insured
Increases (not arising out of circumstances set out in Section Extensions 2. & 3. above) in Sums Insured notified to and accepted by
the Company during the Period of Insurance will be made without additional premium
5. Temporary Removals
The School Property is covered
| (a) whilst temporarily removed from the Building(s) for the purposes of cleaning renovation repair or other similar purposes to any other premises and while in transit between such premises within the Territorial Limits | |
| (b) subject to a limit of €50,000 any one claim whilst temporarily removed from the Building(s) including while in transit for reasons other than in (a) above anywhere in the world |
Provided that cover does not apply in respect of theft from any unattended vehicle which is not securely locked
6. Keys
In the event of Damage to keys of School Property the Company will pay for the replacement of locks and / or keys of external doors safe(s) or strong room(s)
Provided that the Company shall not be liable for the first €100 of each and every claim and not as otherwise stated in Section Exclusion 3.
7. Transfer of Interest
If at the time of Damage to any Building(s) insured hereunder the Insured shall have contracted to sell their interest in such Building(s) the interest of the purchaser is noted in the insurance by this Section for the period up to the date of completion without prejudice to the rights and liabilities of the Insured or of the Company under this Section
Provided that
| (a) the Building(s) are not otherwise insured for the benefit of the purchaser | |
| (b) the purchaser shall as if he were the Insured observe fulfil and be subject to the terms Definitions Exclusions and Conditions of this Section and this Policy |
8. Alterations or Repair
Workmen employed making alterations additions or repairs to School Property do not prejudice the insurance under this Section
9. Other Interests
The interest of mortgagees lessors and freeholders of the School Property is noted in the insurance by this Section The extent and nature of such interest should be disclosed by the Insured to the Company in the event of any Damage insured hereunder
10. Fire Extinguishing Expenses
The Company will pay
| (a) costs incurred by the Insured in replenishing and recharging fire extinguishing equipment arising out of the use of such equipment following the occurrence of fire in or at the School Property | |
| (b) fire brigade charges incurred by the Insured as a result of or arising from an occurrence which is insured under this Section for an amount not exceeding €25,000 any one claim |
11. Loss of Metered Water Gas or Oil
The Company will pay the additional metered water gas or oil charges incurred by the Insured resulting from Damage to the water gas or oil supply or heating systems in or serving the School Property subject to a limit of €50,000 any one claim
12. Trace and Access
The Company will pay costs necessarily and reasonably incurred with the prior consent of the Company in locating the source of any escape of water gas or oil from any fixed domestic water gas or oil service or heating installation in or serving the School Property including subsequent repairs arising directly as a consequence thereof
Provided that
| (a) the maximum liability of the Company shall not exceed €25,000 any one claim and €50,000 in total in any one Period of Insurance | |
| (b) this Extension shall not apply to the cost of repairs to any such fixed domestic water service or heating installation other than as described above |
13. Subsidence
Notwithstanding Section Exclusion 1. (c) (iii) the Company will pay for Damage caused by subsidence or ground heave of the site on which the School Property stands or landslip
excluding Damage caused by
| (a) coastal or river erosion | ||
| (b) defective design inadequate or defective construction of foundations settlement or movement of made-up or infilled ground or bedding down of structures | ||
| (c) demolition structural alteration or structural repair to | ||
| (i) swimming pools terraces patios driveways footpaths walls gates fences hedges and trees unless the Building(s) are also Damaged at the same time | ||
| (ii) solid floor slabs unless the foundations beneath the exterior walls are Damaged at the same time | ||
14. Gates Fences and Moveable Property in the Open
Notwithstanding Section Exclusion 1. (a) the Company will pay for Damage to gates fences and moveable property in the open caused by storm flood or malicious damage
Provided that
the maximum liability of the Company for such Damage will not exceed €10,000 in total in any one Period of Insurance
15. Contract Works
Definitions applicable to this Extension
| (a) Contract Works means the permanent and / or temporary works executed or in the course of execution at the location of the Property Insured | ||
| (b) Plant means constructional plant tools tackle and equipment (excluding Hired in Plant) for use in connection with the Contract Works | ||
| (c) Temporary Buildings means temporary buildings site huts and other temporary accommodation and their fixtures furnishings and contents (excluding Hired in Plant) for use in connection with Contract Works | ||
| (d) Hired in Plant means | ||
| (i) constructional plant tools tackle and equipment (not on free loan or the subject of a hire purchase lease or similar financing arrangement) | ||
| (ii) temporary buildings site huts and other temporary accommodation and their fixtures furnishings and contents (not on free loan or the subject of a hire purchase lease or similar financing arrangement) hired by the Insured for use in connection with Contract Works | ||
| (e) Property Insured means Contract Works Plant Temporary Buildings and Hired in Plant | ||
Extension Insuring Clause
If during the Period of Insurance Property Insured is Damaged the Company will pay the amount of the Damage or at its option repair reinstate or replace such Property Insured as specified in Section Condition 2. (b)
Provided that
| (a) such Property Insured | ||
| (i) belongs to or is the responsibility of the Insured | ||
| (ii) is on or adjacent to the site of a contract at the School Property | ||
| (iii) shall not be regarded as Damaged solely by virtue of the existence of any defect in the design plan specification materials or workmanship in the Property Insured or any part thereof | ||
| (b) this Extension only applies to contracts where the contract price does not exceed €250,000 | ||
| (c) the liability of the Company for all Damage to Property Insured in respect of any one contract shall not exceed €300,000 | ||
| (d) the Company shall not be liable for any Damage to | ||
| (i) Plant Temporary Buildings Hired in Plant or any other property which is owned by or the responsibility of any contractor engaged by the Insured | ||
| (ii) property forming part of any structure prior to commencement of a contract | ||
The Company will also indemnify the Insured for Damage to
| (a) materials and goods intended for incorporation in Contract Works while such materials or goods are temporarily held in store within the Territorial Limits away from the site of such Contract Works | ||
| Provided that the liability of the Company in respect of Damage to such materials or goods shall not exceed €25,000 in respect of any one contract | ||
| (b) Contract Works or any part thereof during any maintenance or defects liability period but only in respect of Damage which | ||
| (i) arises from a cause occurring on site during the period of the contract and prior to the commencement of the maintenance or defects liability period | ||
| (ii) occurs in the course of any operation carried out by the contractor for the purpose of complying with obligations under the maintenance or defects liability conditions | ||
| Provided that for the purposes of the above the maintenance or defects liability period shall mean the period stated in the terms of the contract but not exceeding a period of 12 months | ||
Special Condition
In respect of Damage directly or indirectly caused by fire or explosion the Insured shall on the site of any Contract Works
| (a) draw up and implement a site fire safety plan | ||
| (b) ensure that all personnel are aware of the contents of the site fire safety plan and receive training in the use of the fire extinguishing facilities | ||
| (c) ensure that in respect of the use of electric oxy-acetylene or other welding or cutting plant or blow lamps or blow torches | ||
| (i) all combustible constructions within the vicinity of such work are protected by non combustible materials | ||
| (ii) no such equipment is left unattended while ignited | ||
| (iii) only suitably qualified persons are engaged in the use of such equipment | ||
| (iv) in addition to the persons directly engaged on such work the Insured shall appoint a competent person to act as a fire watcher for the duration of the work | ||
| (v) a thorough examination must be made in the area in which such work has been undertaken during a period of not less than one hour immediately following the termination of each period of work to ensure that there are no signs of combustion | ||
SECTION EXCLUSIONS (what is not insured)
This Section does not cover
1. Damage
| (a) to gates fences lawns trees shrubs or moveable property in the open caused by storm flood or malicious damage | |||||||
| (b) of or to Money | |||||||
| (c) caused by or resulting from | |||||||
| (i) vermin insects wet or dry rot damp or mildew | |||||||
| (ii) any process of cleaning restoring altering or repairing | |||||||
| (iii) damage to Building(s) by subsidence heave or landslip or the collapse or cracking of Building(s) unless resulting from a cause not otherwise excluded | |||||||
| (iv) the deliberate act of the electricity or gas supply authority or the exercise by them of their powers to withhold or restrict supply and causing deterioration or putrefaction of the contents of a refrigeration cabinet or cold room | |||||||
| (v) (1) a malicious act (other than by fire) | |||||||
| (v) (2) escape of water or oil from any tank apparatus or pipes | |||||||
| (v) (3) theft or any attempted theft in respect of any building which is vacant or disused for 60 consecutive days or more | |||||||
| vi) Pollution or Contamination other than by | |||||||
(1) Pollution or Contamination which itself results from fire lightning explosion aircraft or other aerial devices or articles dropped there from riot civil commotion strikers locked out workers persons taking part in labour disturbances malicious persons earthquake storm flood bursting overflowing discharging or leaking of water tanks oil tanks apparatus or pipes accidental escape of water from any automatic sprinkler installation impact by any road vehicle or animal accidental damage and subsidence or ground heave (2) any of the causes listed in (vi)(a) above which itself results from Pollution or Contamination not otherwise excluded hereunder | |||||||
| (vii) inventory shortages or dishonesty of Employees | |||||||
| (viii) normal settlement marring scratching exposure to light or change in colour texture or finish | |||||||
| (d) to growing crops | |||||||
| (e) through confiscation nationalisation requisition or detention by Customs or other officials | |||||||
| (f) attributable solely to change in the water table level | |||||||
2. Damage caused by or resulting from
| (a) frost (other than bursting of water pipes tanks or apparatus) or extremes of temperature | |
| (b) faulty or defective design materials or workmanship or latent defect | |
| (c) inspection testing maintenance repair assembly or preparation of any heating electrical or mechanical plant or equipment | |
| (d) pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds | |
| (e) rust wear tear corrosion shrinkage expansion gradual deterioration or any gradually operating cause |
But this shall not exclude subsequent Damage which in itself results from a cause not otherwise excluded
3. The first €300 in respect of each occurrence other than any claim for Damage by fire lightning or explosion when this amount is reduced to nil
Provided that
the aggregate amount under this Exclusion shall not exceed €1,000 in any one Period of Insurance in respect of any one location shown on the Schedule
4. The value to the Insured of computer systems records and / or all other documents and manuscripts beyond the cost of labour or computer time expended in their reproduction
5. Consequential loss of any kind
SEE ALSO GENERAL EXCLUSIONS AND GENERAL CONDITIONS
SECTION CONDITIONS
1. Sum Insured
The amount payable shall not exceed in respect of any one item the Sum Insured shown against that item in the Schedule or in the whole the Total Sum Insured shown therein
2. Basis of Settlement of Claims
The Cover is as indicated in the Schedule and the basis of claims settlement under each Cover is as follows
(a) Cover A – Indemnity
The cost of replacing or reinstating School Property less an amount for depreciation.
If the Sum Insured by any item in the Schedule is less than 75% of the value of that item any claim will be reduced in the same ratio as the Sum Insured bears to such value
(b) Cover B – Reinstatement as New
In respect of Building(s) the cost of building a new structure in like or similar materials which provided the liability of the Company is not increased may be carried out upon another site and in a manner suitable to the requirements of the School.
In respect of Contents (other than personal effects and linen) the repair restoration or replacement of Damaged property without deduction for depreciation
If the Sum Insured by any item in the Schedule is less than 75% of the value of that item any claim will be reduced in the same ratio as the Sum Insured bears to such value
(c) Cover C – Reinstatement in Modern Materials
In respect of Building(s) the cost of building
| (i) a new structure in modern materials which provided the liability of the Company is not increased may be carried out upon another site and in a manner suitable to the requirements of the School or | |
| (ii) in like or similar material for repairs in the event of minor damage |
In respect of Contents (other than personal effects and linen) the repair restoration or replacement of Damaged property without deduction for depreciation
3. Index Linking
Sums Insured against items of School Property specified in the Schedule will be adjusted in line with the Appropriate Cost Index the annual renewal premium will be amended in the same ratio and the renewal notice will show the revised Sums Insured
Provided that following any Damage the index linking will continue for a period of twelve months only from the date of Damage provided that all reasonable steps are taken to replace rebuild or repair without unnecessary delay
The Appropriate Cost Index means
| (a) for Building(s) – the House Building Cost Index issued by the Department of the Environment | |
| (b) for Contents – the Consumer Price Index issued by the Central Statistics Office |
4. Protections
(Applicable only where noted by way of an Endorsement included in the Schedule)
| (a) In any premises protected by a security alarm | ||
| (i) the security alarm must be kept in efficient working order and put into full operation on all practical occasions | ||
| (ii) a maintenance contract must remain in force with a security company to whom all defects must be immediately notified | ||
| (b) In any premises protected by an automatic fire alarm installation the Insured shall undertake to | ||
| (i) carry out testing and checking requirements referred to on the completion certificate and remedy promptly any defect disclosed | ||
| (ii) carry out all maintenance procedures specified by the manufacturers of the equipment | ||
| (iii) notify the Company immediately of any disconnection or failure of the automatic fire alarm installation likely to leave any area unprotected for 12 (twelve) hours or more | ||
| (iv) record details of all incidents such as alarm fault tests maintenance and disconnections and keep such details available for examination by the Company’s representative | ||
5. Designation
For the purposes of determining where necessary the heading under which any School Property is insured the Company agrees to accept the designation under which such School Property has been entered in the books of the Insured
6. Inspections
The Company shall have the right to inspect and examine any School Property Any dismantling and re-assembly required for the purpose of inspection shall be carried out at the expense of the Insured
