26/08/2019
Contractor All Risk Insurance (CAR),
Er****on All Risk Insurance (EAR)
Public Liability Insurance (PL)
Workmens Compensation Insurance (WC)
Construction & Engineering Insurance
Construction Insurance
Arranged by
ACPG Management Sdn Bhd (Insurance Biz since year 1989)
www.acpgconsultant.com
+603-92863323, +6011-12239838
Construction Insurances Explained - Malaysia Contractors' All Risks (CAR) Insurance and Malaysia Er****on All Risk Insurance (EAR)
What is 'Contractors' All Risks (CAR) Insurance and Er****on All Risk Insurance (EAR) ?
Contractors' All Risks (CAR),Er****on All Risk Insurance (EAR) insurance is an insurance policy that provides coverage for both damage to a property and third-party injury or damage claims. Contractors' all risk (CAR) ,Er****on All Risk Insurance (EAR) insurance policies are considered non-standard insurance policies.
Construction projects typically involve two primary types of risk: damage to the property, and third-party claims of injury or damage. Damage to the property could include the structure not being properly constructed, or receiving damage during a renovation. Third-parties, including subcontractors, may become injured while working at the construction site.
Contractors' all risk (CAR) insurance, Er****on All Risk Insurance (EAR) bridges these two risks into a common policy, and helps cover the gap between exclusions that would otherwise exist when using separate policies.
BREAKING DOWN 'Contractors' All Risks (CAR) Insurance, Er****on All Risk Insurance (EAR)
CAR and EAR insurance is typically taken out jointly by both the contractor and the employer, with other parties such as financing companies having the option of being named to the policy. Because multiple parties are included in the policy they each retain the right to file a claim against the insurer, although all parties also have the duty of informing the insurer of any injuries and damages that may result in a claim.
The goal of using a CAR & EAR insurance policy is to ensure that all parties are covered on a project, regardless of the type of damage to the property or who caused the damage. Insurers who underwrite this type of policy lose the right to subrogation, meaning that if it pays out funds to one party in the contract then it cannot seek to recover those funds from another party in the contract.
For example, if the owner of a large building and the contractor working on the building are on the same CAR & EAR policy, any costs of damage to the building caused by the contractor can be recovered by the building owner when a claim is filed. The insurer, however, cannot seek to recover funds from the contractor.
Risks often covered under a CAR & EAR policy include fire, flood, wind, earthquakes, water damage and mold, construction faults, and negligence. They typically do not cover normal wear and tear, willful negligence, or poor workmanship.
Malaysia Contractors' All Risks (CAR) Insurance, Malaysia Er****on All Risk Insurance (EAR) Definition
Construction Insurances Explained – Contractors’ All Risks Insurance, Er****on All Risk Insurance (EAR)
Contractors’ All Risks Insurance (CAR), Er****on All Risk Insurance (EAR)
There are several terms used in the insurance world that mean different things to different people and one of these is Contractors’ all risks (CAR) insurance and Er****on All Risk Insurance (EAR).
The term is sometimes used to refer to both the material damage and liability covers required by a Contractor.
Most insurance practitioners would regard CAR and EAR as referring only to the material damage cover on the contract works unless the real intention was obvious from the rest of the text.
Anyone using the term, whether verbally or in writing, should make their intention clear, so as to avoid any ambiguity in interpretation.
CAR and EAR covers what is stated within the actual insurance policy for which the premium is paid. The Employer has the opportunity to specify his requirements as to what is to be included within the CAR and EAR within the contract if the Contractor is responsible for the provision of such insurance alternatively the Employer specifies the cover within the policy he takes out where the Contractor is not obligated to provide insurance under the Contract.
A CAR & EAR policy provides insurance coverage when the Works being constructed, as defined in the Contract, are damaged by an insured peril and require replacing and/or repairing. It is normal for the Contract to stipulate who will provide this cover.
If it were the Contractor then it would be normal for them to take out a specific policy to cover the project or alternatively if available to them add it to a policy covering all their contracts up to a specific limit. In the event the responsibility should fall upon the Employer then cover would normally be under a policy arranged specifically for that project.
When arranging the CAR and EAR coverage for a project it is essential that care be taken in identifying the correct Contract Value, Construction Period, Defects Liability Period and Description of the Works.
The policy will normally cover any physical loss or damage unless the cause is specifically excluded, thus the term ‘All-Risks’ whilst commonly used, is to some extent, misleading. Nevertheless the cover is very wide and embraces protection against fire, aircraft, explosion, earthquake, riot, malicious damage, storm, flood, burst pipes, impact and other accidental damage.
However, CAR and EAR policies can be issued covering loss or damage by particular and specified perils, e.g. fire, flood, storm. In both cases the policy should generally be extended to provide protection in respect of damage by terrorists where such is commercially available.
In addition material damage to the Works or the machinery being erected CAR and EAR generally includes coverage for third-party liability for bodily injury and property damage to the surrounding properties.
The policy can in some circumstances be extended to include consequential losses or losses due to delay in start-up following loss or damage under material damage section. This cover is also called advanced loss of profit.
Either way it is imperative that the parties fully understand what exclusions apply or which perils are listed to ensure that the cover gives sufficient protection to the Employer and the Contractor.
The Sum to be insured under CAR and EAR should be adequately calculated and must include at least the Contract Value, value of Contractors’ plant and machinery, value of Employers existing property, estimated cost of debris removal, value of all temporary facilities, tax and an allowance for inflation.
In addition it is wise to make sure that on site as well as offsite storage facilities are included under the policy together with the value of any free issue materials where the Employer transfers the risk to the Contractor under the Contract.
The policy should always be in the joint names of the Employer and Contractor although the Contract may stipulate that the Bank or Financing institutions are also named in the policy, depending upon their specific requirements for providing project financing.
Joint names insurance is where two or more parties (for example the Employer and the Contractor) are jointly insured under a single policy.
Each party has legal rights under the policy and can claim against the insurer, but the insurer has no right of subrogation against the other insured party.
It is important to remember that each party is bound by the normal rules, and to avoid any difficulties each should individually comply with the duties of disclosure and notification.
Having an interest noted on a policy is very different and is rarely an acceptable substitute for a joint names policy.
A third-party is not a party to the contract of insurance, and thus cannot claim against the insurer. Similarly, it does not prevent the insurer from exercising rights of subrogation against the third-party.
PAM, IEM, FIDIC and generally most standard forms of contract contain fairly detailed provisions for property and liability insurance. Generic amendments to these insurance provisions are not normally essential, however, discreet changes may be required depending on the nature of a specific project (for example, amending the definition of joint names insurance policy to include the project funders, or to reconcile the standard provisions with a project insurance policy taken out by the Employer).
All CAR adn EAR policies will have an excess that will be deducted from any claim settlement. On occasions insurers will apply more than one excess under a policy for specific losses where a certain risk warrants such and additional excess being imposed.
In addition generally most policies include exclusions for which extensions of CAR and EAR coverage maybe granted or included within the CAR and EAE coverage of the CAR and EAR policy may be extended to cover such as:
(A) professional fees;
(B) automatic reinstatement of the policy limit following a loss;
(C) debris removal;
(D) free issue materials;
(E) discovery of munitions of war;
(F) inflation clause;
(G) plans and documents;
(H) others.
Individual insurance providers specialising in this class of insurance will also have their own list of extensions that they will negotiate with insurers. As an example you may refer to the example provided which is so provided as an example and these will vary depending upon the general insurance market at the time the CAR and EAR insurance is taken out by the insuring party.
In addition the parties need to consider if the CAR and EAR policy is to cover the respective party’s to the Contract for:
Additional cost of construction of un-built works in the event of
(A) Inflationary Costs
(B) Out of sequence working
(C) Defective design, materials and workmanship
(D) Extended defective condition exclusion
(E) Limited defective condition exclusion
(F) Design improvement exclusion
It is understood that various legal challenges are currently on-going as to the validity of these clauses and therefore whilst the description of coverage above may not reflect the current or future legal interpretation. As with all contractual documentation it is recommended that all parties seek professional advice in respect of these risks.
It should be noted here that if the Contractor arranges CAR and EAR cover it may restrict or even remove the ability of the Employer to purchase any consequential loss coverage.
Construction Insurances Explained – Public Liability Insurance
Malaysia Public Liability Insurance
Public Liability Insurance
Typical public liability insurance will provide indemnity in respect of liability at law for damages arising from accidental injury to third parties (not employees) or accidental damage to third-party property arising in connection with the project. It may also cover liability for damages arising out of any nuisance or trespass committed by the insured and any rights (such as a right of way) with which the insured may accidentally interfere in the course of the development. Other elements of cover normally provided include defence of claims costs, the use of plant on the site and legal defence costs in respect of prosecutions brought under the Health and Safety legislation.
Many insurance providers now exclude claims arising from sources they regard as particularly hazardous, such as terrorism, asbestos, gradual pollution, mould, e-commerce transactions and, potentially, financial loss where there has been no ‘injury or damage’ as defined in the policy. Insurers may restrict their liability for particular risks by imposing inner limits much smaller than the overall policy limit.
Public liability insurance coverage may be arranged on an annual basis with a specific limit being the maximum amount payable in the event of any one claim or series of claims arising from one occurrence. It is normal for this limit to apply in respect of any one claim but some limits do apply to all claims in the period of insurance. There may be a limit on any one claim and then a separate aggregate limit. Sometimes there are elements of cover that insurers may be particularly concerned about, e.g. sudden and accidental pollution may be subject to lower limits of liability and/or separate aggregates.
Whatever type is issued, it is the insured party or parties that decide on the level of cover to be purchased dependent upon the risk exposure arising from the work being undertaken. When deciding upon the limits to be purchased it is best not to rely on any figure requested within a contract document, as this is normally the minimum amount required. The policy will normally be subject to an excess that will be deducted from the total amount claimed and may apply only in respect of claims for property damage or in respect of all claims.
Every party on site with a potential liability to the public will require an insurance policy. Additional responsibilities for each party will also be set out in the contract. It is traditional and still common for the Contractor to arrange a cover on behalf of the Employer. However, it has to be asked if this is in the best interests of everyone, whether the Employer who may find he has only nominal cover or a claimant who may find they are passed from one insurer to another if there are different policies in different names. One option is to effect a project policy arranged by the Employer.
The parties protected by the policy will vary according to the Employer’s requirements and the nature of the contract forms being adopted. The indemnity can apply to the Employer only or together with the Contractor, his subcontractors and tradesmen. In addition there may be freeholders, superior landlords, financiers plus professional consultants and suppliers (on site exposures only) to be added to the list of insured. The policy should set out the names of all insured and specify in which policy covers they have an insurable interest.
Public liability insurance is not a cheap insurance and if one party does arrange cover in two or more names the cost of this and the potential savings to the other names should to be reflected in tender prices.
It is important for the Employer to decide responsibilities for placing public liability insurance before contracts are signed, rather than just follow the provisions of the basic contract conditions.
Whoever is making the decision as to who must arrange the cover must consider all those who may need to be protected.
Malaysia Workmens Compensation Insurance
Workmen Compensation Insurance
Innovative and cost-effective solutions for your business
No matter what type of business your company is involved in or how much care your employees take in the workplace, accidents can still happen.
ACPG Insurers is a leading provider of financial protection against liability for workplace injuries.
Our international experience enables us to provide innovative and cost-effective solutions to our clients. Benefits for our clients include:
fully integrated approach to claims management ability to remain nimble and flexible to the emerging needs of customers online solutions that provide you with the tools to act faster
self-insurance services.
ACPG Insurers Workmen’s Compensation Insurance provides cover against all sums for which the Insured shall be liable to pay in compensation to any employee for personal injury sustained either by accident or disease arising out of and in the course of their employment under Common Law. Or under the following legislation (including all subsequent amendments to these enactments and ordinances):
LAWS
Workmen's Compensation Ordinance 1952
Workmen's Compensation (Amendment) Ordinance 1956
Workmen's Compensation (Amendment) Ordinance 1976
Modification of Laws (Workmen's Compensation) Extension and Modification Ordinance 1981
Employers’ Liability
The Employers’ Liability Insurance policy provides cover for an employer against liability for the damages and claimant’s costs and expenses in respect of bodily injury or disease sustained by any person under a contract of service or apprenticeship.
Foreign Workers Compensation Scheme Insurance
The benefit of this cover is that it insures death and bodily injury as a result of work place accident or occupational disease arising out of and in the course of employment, inclusive of journey to and from work such as:
Death
Permanent disablement
Permanent total disablement
Permanent partial disablement
Temporary total disablement
Medical expenses
Repatriation expenses
Personal accident
Malaysia Construction & Engineering Insurance
Essential cover against sudden or unforeseen losses
Engineering and construction projects often involve huge capital investments and therefore required specialised risk mitigation.
ACPG Insurers Construction & Engineering Insurance will help protect your investments against loss or damage to your engineering or construction projects. We have the specialist expertise to provide comprehensive financial protection against many areas of risks, including work in progress or material damage of your project and also liability from third-party claims resulting from engineering and construction works.
Our flexible approach allows policies to be tailored to your specific needs. Our competitive terms appeal to customers of all sizes, from owner builders to principals of major civil engineering projects.
ACPG Insurers provides cover for:
Contractors’ All Risks
Civil Engineering Completed Risks
Er****on All Risks
Boiler and pressure vessel
Electronic equipment
Machinery breakdown
Machinery breakdown loss of profit
Storage tank
Special perils
****onAllRiskinsurance
