PROFESSIONAL INDEMNITY TAKAFUL

Transcription

1 PROFESSIONAL INDEMNITY TAKAFUL WHEREAS the Participant named in the Schedule hereto of the address(es) stated in the said Schedule carrying on business under the firm and style as set forth in the aforesaid schedule or the Company named therein (hereinafter called the Participant which expression shall include persons mentioned in the said Schedule and subject to approval of any other person or persons who may at anytime and from time to time during the subsistence of this Policy be a partner in the firm or anyone or more of them) have been made to JAIZ TAKAFUL INSURANCE PLC (hereinafter called the Takaful Operator ) a written proposal containing particulars and statements which it is hereby agreed are the basis of this Contract and are to be considered as incorporated herein and have paid the contribution hereon set forth as contribution or consideration to the Takaful Operator for the following indemnity during the period stated in the schedule or during any further period for which the Corporation shall have accepted for Renewal of this Policy. NOW THIS POLICY WITNESSETH that the Takaful Operator agreed to indemnify the Participant, their Executors, Administrators, or Assigns in respect of loss arising from any claims for breach of duty which may be made against them during the currency of this Policy or any renewal thereof by reason of any neglect, error or omission whenever or wherever committed or alleged to have been committed in the conduct of the Participant s business in the professional capacity as stated in the employment of the Participant provided now or who may hereafter be in the employment of the Participant provided that the act of neglect error or omission shall have been committed after the retroactive date stated in the schedule of this Policy. PROVIDED ALWAYS that no liability shall attach to the Takaful Operator under this policy in respect of any claim made against the Participant arising out of: - (a) Libel or slander (b) Claims brought about or contributed to by the dishonesty, fraudulent, criminal or malicious act, or omission of the Participant, their partners, Directors, or employees, (c) Any admission offer promise payment or indemnity made or given by or on behalf of the Participant without the written consent of the Takaful Operator, (d) Any professional work delegated in whole or in part to any person, film or Takaful Operator not under a contract or service to the Participant unless prior approval has been given by the Takaful Operator, (e) Any act or acts to which this policy applies not discovered and reported to the Takaful Operator during the currency of this Policy or in the event of non-renewal (or cancellation by the Takaful Operator as provided for in Condition 7 of this Policy) by the Takaful Operator within three (3) calendar months, next following the expiry date or cancellation of this Policy (provided only that if there shall be any other Takaful and/or insurance cover in force during the said three (3) calendar months, whether effected by the Participant or otherwise this Policy shall not cover or contribute to any loss covered by such cover), (f) Insolvency of the Participant,

2 (g) The ownership, operation or control of Nuclear reactors, the building housing them and all property contained therein, Property and ancilliary buildings on the site of a nuclear reactor installation, Installations for fabrication fuel elements or for processing fisionable material or reprocessing, salvaging, chemically separating, strong or disposing of irradiated nuclear fuel or nuclear waste materials. Any other installations designated by local law or government regulations as nuclear installation. (h) Legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from: - (i) (ii) ionising radiations or contamination by radioactivity from any nuclear waste from the combustion of nuclear fuel, the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, (i) (j) The financial failure of any Takaful Operator and/or insurer, War, invasion, act of foreign enemy, hostilities or war-like operations (whether war be declared or not), civil war, mutiny, civil commotion assuming their proportion of or amounting to a popular rising, military or usurped power, confiscation, insurrection, rebellion, revolution, nationalisation, requisition by or under the order of any government or public or local authority or any act or any persons acting on behalf or in connection with any organisation with activity directed towards the overthrown by force of its government due jure de factor or to the influencing of it by terrorism or violence, strike, riot, civil commotion, malicious damage. CONDITIONS 1. This Policy and the Schedule shall be read together as one contract and any word or expression to which a specific meaning has been attached in any part of thereof shall bear such meaning wherever it may appear. 2. The liability of the Takaful Operator for all claims under this Policy including any agreed Extension shall not exceed the LIMIT OF INDEMNITY and shall be subject to any stated in the Schedule of this Policy. 3. If the Participant shall prefer any claim knowing the same to be false or fraudulent as regards amount or otherwise this Policy shall become void and all claim hereunder forfeited. 4. The Participant shall as a condition precedent to their right to be indemnified under this Policy give to the Takaful Operator immediate notice in writing of all claims upon them or of any occurrence of which may subsequently give rise to a claim and further upon request shall give to the Takaful Operator may reasonably require and as any be in the Participant s

3 power and will in all such matters do and concur in doing all such things as the Takaful Operator may require. 5. (a) No admission offer promise payment or indemnity shall be made or given by or on behalf of the Participant without the written consent of the Takaful Operator which shall be entitled if it so desire to take over and conduct in the name of the Participant for its own benefit any claim for indemnity or damages or otherwise and shall have fill discretion in the conduct of any proceeding or in the settlement of any claim and the Participant shall give all such information and assistance as the Takaful Operator may require. (a) The Participant shall not be required to contest any legal proceeding unless a Legal adviser (to be mutually agreed upon by the Participant and the Takaful Operator) shall advise that on the actual facts of the case concerned, such claims could be contested by the Participant with a reasonable prospect of success and the Participant consents thereto, such consents not to be unreasonably withheld. 6. In the event of the Takaful Operator requiring any claim to be contested by the Participant the Takaful Operator will pay all costs, charges, and expenses authorised by the Takaful Operator in connection therewith subject nevertheless to the following conditions: - i. If the claims is successfully resisted or a payment has to be made which is less the LIMIT OF INDEMNITY under this Policy the Takaful Operator will pay all costs, charges and expenses as above, i. If to dispose of a claim either before or after litigation a payment has to be in excess of the Limit of Indemnity aforesaid the liability of the Takaful Operator in respect of costs, charges and expenses as above shall be limited to such proportion of the said costs, charges and expenses as the LIMIT OF INDEMNITY by this Policy bears to the amount paid to dispose of the claim. 7. The Takaful Operator shall not be bound to send notice of the Renewal Contribution becoming due or not to renew this Policy. The Takaful Operator shall be at liberty a anytime by given seven (7) days notice in writing to the Participant by Registered Letter posted to the address of the Participant as last known to the Takaful Operator to determine and cancel this policy as from the date of the expiration of such notice in which event the Takaful Operator shall no demand return to the Participant a proportionate part of the contribution corresponding to the unexpired o the Policy. 8. The due observance and fulfillment of the terms provision conditions and endorsement of the Policy so far as they relate to anything to be done or complied with by the Participant and the truth of the statements and answer in the Proposal shall be conditions precedent to any liability of the Takaful Operator to make any payment under this Policy. 9. NO CONTRIBUTION NO COVER CLAUSE

4 Notwithstanding anything contained herein to the contrary, it is hereby declared and agreed that the cover granted under this policy is subject to the payment of Total Contribution specified in the schedule, otherwise the policy is not effective. 10. SHARIAH COMPLAINT CLAUSE a) It is hereby declared and agreed that this policy excludes the under listed risks in line with Shariah b) Risks involving riba c) Risks involving gambling d) Risks involving liquor e) Risks involving element of shirk f) Risks on producing impermissible things or bringing harmful effects to the community. g) Risks relating to musical instruments. h) Risks on non-permissible activities like entertainments activities which contradict with the Shariah, working in liquor factories, entertainment centers, discos. i) Risks relating to tobacco goods 11. TAKAFUL CLAUSE a) Participant has paid the contribution based on the principle of AI-Tabarru (gratuitous Contribution). b) The Operator shall deduct 30% of the Takaful contribution stated in the Schedule that the Participant has paid based on the principle of Al-Wakallah (Agency) and the balance thereof shall be credited into the General Takaful Fund (Participants A/C) managed by the Operator. c) The Operator is to manage the Fund including its investment, in a manner deemed fit by the Operator and in line with Shariah approved guidelines. d) In accordance with the principle of Al-Mudharabah, 50% of the return on investing the funds will be for the Operator and the balance shall be credited to the Participants pool (Participants Account). e) After paying Re-Takaful, claims, commissions and reserves from the Participants Account any remaining surplus shall be distributed to Participants proportionally f) Surplus distribution shall be limited to only Participants who have not incurred any claims or received any Takaful benefits under their policy for the period of consideration.

5 MEMORANDA ATTACHING TO AND FORMING PART OF PROFESSIONAL INDEMNITY POLICY POLICY NO: ISSUED IN THE NAME OF: MEMO 1: CONTRIBUTION PAYMENT WARRANTY Notwithstanding anything contained herein to the contrary, it is hereby declared and agreed that the cover granted under this policy is subject to the payment of Total Contribution specified in the schedule, otherwise the policy is not effective. MEMO 2: UNDERWRITING EXLUSION CLAUSE This policy excludes the liability of the Participant in so far as they act as Underwriters, Underwriting Agents, or Takaful (and or insurance) Managers or any Takaful (and or insurance) Underwriter or Syndicate of Underwriters arising out of: (a) (b) Any underwriting loss or losses or The payment or part-payment or refusal to pay claims under a Policy or Contract or Takaful (and/or insurance) or ReTakaful and/or reinsurance. MEMO 3: COVER PROVIDED Notwithstanding anything contained herein to the contrary, it is hereby declared and agreed that the cover provided by this policy shall be operative only in respect of acts of negligence, error or omission during the period of cover as stated in the Schedule of the Policy. MEMO 4: JURISDICTION CLAUSE The Takaful Operator shall not be liable in respect of any action for damages brought against the Participant in a court outside Nigeria. MEMO 5: REINSTATEMENT CLAUSE In respect of any claim paid hereunder by the Takaful Operator, the amounts so paid shall be deducted from their sum insured and shall be subject to reinstatement and the appropriate Prorate Additional Contribution Paid (from the date on which such claim attaches to the Policy) but the Takaful Operator s total liability under this Policy during the period of cover shall not exceed twice the sum insured in the Schedule. MEMO 6: CONTRIBUTION ADJUSTMENT CLAUSE The renewal contribution that may be accepted is to be regulated by the amount of gross fees, brokerage, commission (or any money on which the contribution is based) received during the expiring period. Such fees etc. or other earnings received shall be recorded in a Register. The Participant shall at all times allow the Corporation to inspect such Register for the purpose of

6 ascertaining the correctness of amount declared which shall forms the basis of renewing the policy for the year following. Subject otherwise to the terms, exceptions and conditions of this Policy. MEMO 7: EXCESS CLAUSE Warranted that the Participant shall bear the first N10, or 10% of each and every claim whichever is higher is higher within the scope of the policy arising out of each event.

7 THE PROFESSSIONAL INDMNITY SCHEDULE POLICY NO: XXXXXXXXXXXXX THE COMPANY: JAIZ TAKAFUL NSURANCE PLC THE INSURED: XXXXXXXXXXXX ADDRESS: NBTE BUILDING, PLOT B, BIDA ROAD, KADUNA OCCUPATION: INSURANCE PRACTIONER PERIOD OF INSURANCE: (a) From: 30 th April, 2016 To: 29 th April, 2017 (Both dates inclusive) TERRITORIAL LIMITS: (b) Any subsequent period for which the insured shall pay and the Company shall agree to accept a renewal premium NIGERIA LIMIT ANYONE OCCURRENCE: NXXXXXXX LIMIT ANYONE PERIOD OF INSURANCE: NXXXXXXX THE AMOUNT OF THE EXCESS: =N=XXXXXX OR 10% OF EACH AND EVERY CLAIM WHICHEVER IS HIGHER. This Policy and the Schedule shall be read together as one Contract 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 specific meaning wherever it May appear. PROPOSAL DATED: 19 TH FEBRUARY, 2007 Date Policy Signed: 14 TH Day of March, 2007 AGENCY: