1. In case a fortuitous event occurs, causing damage to an insured cargo, the Policy Holder or the Beneficiary are obliged to notify the Insurer forthwith of the fact and to follow a procedure, constituting an Annex No 16 hereto.
2. If a damage is determined outside of the borders of the Republic of Poland, the Policy Holder and the Beneficiary are obliged to notify forthwith an average adjuster, specified in a certificate of insurance, of such a fortuitous event. If such an certificate has not been issued or if an adjuster has not been specified, the Insurer shall appoint an average adjuster following a notification which triggers the policy liability. In case when notifying the Insurer is impossible, the Policy Holder or the Beneficiary are obliged to appoint an average adjuster in order to organize a damage survey, specifying the circumstances, reasons and scope of damage within the framework of the insurance, while the Insurer consents to engage only adjusters accredited by Society of Lloyd’s (current list of average adjusters is available at the following internet address: http://agents.lloydsagency.com/agentdirectory.aspx) or adjusters associated in Cunningham Lindsey Marine network (http://www.cunninghamlindseymarine.com/). Provided that it is impossible to appoint an average adjuster accredited by Society of Lloyd’s or an adjuster belonging to CL Marine network at the place where the damage has occurred or such an average adjuster is not able to arrive at the location in less than 24 hours, the Insurer consents to the appointment of another independent average adjuster.
3. Pursuant to the notification, the Insurer shall draw up and present a list of documents and information necessary to determine the policy-based liability, the actual state of the event, justification of the reported claims, and the volume of the benefit. On the basis of the list mentioned in the previous sentence and according to provisions of the present Agreement, the Insured Person shall be obliged to draw up a calculation of the incurred losses and prepare and present his/her statement of claim. The Insurer shall reserve the right to request a supplementary documentation if it is impossible to clearly evaluate the occurred situation on the basis of the obtained information.
4. In case of a necessity for the Insurer’s representative to pay a visit to the event venue (to carry out an in-site inspection of the assets covered by the loss), the Insuring Entity or the Insured Person shall be duly notified about the fact.
5. If the benefit is not due at all or is due at a volume different than the one defined in the submitted statement of claim, the Insurer shall notify the person putting forward the said claim, in writing, indicating circumstances and a legal basis justifying a complete or partial refusal to disburse the benefit.
6. As on the Insurer’s compensation payment date, the claim of the Insuring Entity or the Insured Person against a third person responsible for the damage shall be transferred by virtue of the law to the Insurer up to the amount of the paid compensation. If the Insurer has covered only part of the loss, the Insuring Entity or the Insured Person shall have the pre-emption right to have the remaining part satisfied before the Insurer’s claim.
7. No claims of the Insuring Entity or the Insured Person against persons, whom the Insuring Entity or the Insured Person bears liability for, shall be transferred to the Insurer.
8. The Insuring Entity and the Insured Person shall be obliged to grant the Insurer, both before the date of the disbursement of the compensation and after it, all the assistance in the vindication of regress claims, including the delivery of all the appropriate documents and information. The Insuring Entity and the Insured Person shall be especially obliged upon request of the Insurer to issue a statement confirming the Insurer’s rights defined in item 6 of the present paragraph in order to efficiently vindicate regress claims. The statement form (Subrogation Form) shall constitute Enclosure No. 17 to the present Agreement.
2. If a damage is determined outside of the borders of the Republic of Poland, the Policy Holder and the Beneficiary are obliged to notify forthwith an average adjuster, specified in a certificate of insurance, of such a fortuitous event. If such an certificate has not been issued or if an adjuster has not been specified, the Insurer shall appoint an average adjuster following a notification which triggers the policy liability. In case when notifying the Insurer is impossible, the Policy Holder or the Beneficiary are obliged to appoint an average adjuster in order to organize a damage survey, specifying the circumstances, reasons and scope of damage within the framework of the insurance, while the Insurer consents to engage only adjusters accredited by Society of Lloyd’s (current list of average adjusters is available at the following internet address: http://agents.lloydsagency.com/agentdirectory.aspx) or adjusters associated in Cunningham Lindsey Marine network (http://www.cunninghamlindseymarine.com/). Provided that it is impossible to appoint an average adjuster accredited by Society of Lloyd’s or an adjuster belonging to CL Marine network at the place where the damage has occurred or such an average adjuster is not able to arrive at the location in less than 24 hours, the Insurer consents to the appointment of another independent average adjuster.
3. Pursuant to the notification, the Insurer shall draw up and present a list of documents and information necessary to determine the policy-based liability, the actual state of the event, justification of the reported claims, and the volume of the benefit. On the basis of the list mentioned in the previous sentence and according to provisions of the present Agreement, the Insured Person shall be obliged to draw up a calculation of the incurred losses and prepare and present his/her statement of claim. The Insurer shall reserve the right to request a supplementary documentation if it is impossible to clearly evaluate the occurred situation on the basis of the obtained information.
4. In case of a necessity for the Insurer’s representative to pay a visit to the event venue (to carry out an in-site inspection of the assets covered by the loss), the Insuring Entity or the Insured Person shall be duly notified about the fact.
5. If the benefit is not due at all or is due at a volume different than the one defined in the submitted statement of claim, the Insurer shall notify the person putting forward the said claim, in writing, indicating circumstances and a legal basis justifying a complete or partial refusal to disburse the benefit.
6. As on the Insurer’s compensation payment date, the claim of the Insuring Entity or the Insured Person against a third person responsible for the damage shall be transferred by virtue of the law to the Insurer up to the amount of the paid compensation. If the Insurer has covered only part of the loss, the Insuring Entity or the Insured Person shall have the pre-emption right to have the remaining part satisfied before the Insurer’s claim.
7. No claims of the Insuring Entity or the Insured Person against persons, whom the Insuring Entity or the Insured Person bears liability for, shall be transferred to the Insurer.
8. The Insuring Entity and the Insured Person shall be obliged to grant the Insurer, both before the date of the disbursement of the compensation and after it, all the assistance in the vindication of regress claims, including the delivery of all the appropriate documents and information. The Insuring Entity and the Insured Person shall be especially obliged upon request of the Insurer to issue a statement confirming the Insurer’s rights defined in item 6 of the present paragraph in order to efficiently vindicate regress claims. The statement form (Subrogation Form) shall constitute Enclosure No. 17 to the present Agreement.
