disease or accident contracted or occurring after the commencement of the
companies liability hereunder then the company will pay or make good to the
insured, after receipt of proof of death satisfactory to the company, the loss
which the insured shall suffer by the death of such birds not exceeding the sum
insured in respect thereof as stated in the schedule hereto or its value as per
the guideline chart issued by the company at the time of loss whichever is less.
Provided always that this policy does not cover death directly or indirectly due
to, or arising out of or resulting from:
1) Malicious wilful injury, neglect, over crowding improper management or
unskilful treatment.
2) Transit by any mode of transport.
3) Culling undergrowth, cannibalism, action of predators like preying birds
and carnivorous animals.
4) Theft/clandestine sale, missing of birds, intentional slaughters.
5) Death during act of vaccination, debeaking.
6) Consequential loss however caused.
7) Permanent and partial disablement of any nature.
8) Loss of production.
9) War, invasion, act of foreign enemy, hostilities (whether war be declared
or not) civil war, rebellion, insurrection, mutiny, military or usurped
power or any consequences thereof or attempt threat.
10) Accident" loss destruction, damage or legal liability directly or indirectly
caused by or contributed by or arising from nuclear weapons materials.
11) Fowl Pox, Infections, Bronchitis, Fowl spirochetes and …… ….. …..,
(If the routine vaccination against these diseases as per attached
schedule is followed, the cover is extended).
12) Chronic Respiratory disease, Avian leucosis Complex ……. .
13) Salmonellas to be covered subject to submission of clean certificate from
Government authorities immediately after testing.
14) Coccidiosis and ………. disease to be covered subject to preventive and
curative measures.
15) Loss of huddling or piling of birds caused by high temperature or low
temperature during the process of breeding or not maintaining required
temperature during the process of growing of the birds in the cage of
sheds. Conditions:
1) If there shall be any incorrect or untrue statement in the proposal herein
referred to or if the insured shall not state any material fact or
circumstances at the time of proposals or afterwards, or at the
commencement of the risk hereunder or any alternation of this policy., or
on the insured making any claim hereunder or if he shall make any claim
hereunder or if he shall make any false or fraudulent claim, or shall fail in
any particular to observe and perform the terms and conditions hereof,
this policy shall be void, and all premiums paid hereon shall be forfeited to
the Company.
2) Every poultry bird must be sound and in perfect health and free from any
injury or disease at the time of proposal for insurance.
3) The insured shall permit any authorised representatives of the Company at
all times to inspect the poultry birds hereby insured and the premises of
the insured and the insured shall furnish any information which they may
require and shall comply with all reasonable regulations and directions
from time to time made and given by the Company.
4) The insured shall give notice in writing or on phone to the Company of any
death/ outbreak immediately preferably within 12 hours.
5) The insured shall cause every poultry bird insured to have sufficient and
proper feed, water, shelter and shall keep secure all fences, yards, shed
and shall at all times and to the best of his knowledge and ability, use and
exercise every due .and proper precaution and safeguard against loss or
danger of loss under this policy, the intent and meaning of this condition
being that each insured bird and shall have the same care and attention
as when not insured.
6) In the event of illness/ outbreak/ accident the insured shall, at his own
expense, immediately obtain the services of a qualified veterinary surgeon
and cause the poultry birds to be properly treated.
7) If, and when any claim under this policy is made, there is any other
insurance by whomsoever affected covering the same poultry birds, the
company shall contribute only its rateable/ proportion.
8) If death of the poultry birds, hereby insured will be due to the negligence,
carelessness or wrong doing of any person, the insured shall not claim or
accept any compensation from such person or persons, but shall at once
give the company all necessary information and assistance to enable the
company to secure such compensation and it shall be absolutely the right
of the Company to sue in the name of the insured and recover
compensation from the person or persons causing the death, and any
monies or other compensation which shall be recovered shall belong to the
company. The Company will indemnify the insured against all costs and
expenses so incurred with it written consent.
9) The Company may cancel this policy by sending seven day notice by
registered letter to the insured at his last known address and in such
event will return to the insured the premium less the pro-rata portion
thereof for the period the policy has been in force or the policy may be
cancelled at any time by the insured on seven days notice (provided no claim has arisen during the then current period of insurance and the
Insured shall be entitled to return of the premium at the Companies short
period rates for the time t he policy has been in force.
10) If any difference arises as to the amount of any loss or damage such
differences shall independently of all other questions be referred to the
decision of an Arbitrator, to be appointed in writing by the parties in
difference or if they cannot agree upon a single Arbitrator, 'to the decision
of two disinterested person's as Arbitrators, of whom one shall, be
appointed in writing by each of the parties within two months after having
been required so to do in writing by the other party in case either party
shall refuse' or fail to appoint an Arbitrator within two months after receipt
of notice in writing requiring an appointment, the other party shall be at
liberty to appoint a sole Arbitrator and in case of disagreement between the
Arbitrators, the difference shall be referred to the decision of an umpire
who shall have been appointed by them in writing before entering on the
reference and who shall sit with the Arbitrators and preside at their
meeting. The death of any party shall not revoke or affect the authority or
powers of the Arbitrator, Arbitrators or umpire respectively and in the
event of death of an Arbitrator, or umpire, another shall in each case be
appointed in his stead by the party or Arbitrator (as the case may be) by
whom the Arbitrator or umpire so dying was appointed. The cost of the
reference and of the award shall be at the discretion of the Arbitrator,
Arbitrators or umpire making the award. And it is hereby expressly
stipulated and declared that it shall be a condition precedent to any right
of action or suit upon this policy that the award by such Arbitrator,
Arbitrators or umpire of the amount of the loss or damage if disputed shall
be first obtained.
In no case, whatsoever, shall the company be liable for any loss or damage after
the expiration of twelve months from the happening of the loss or damage
unless the claim is the subject of pending action or arbitration.
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