Professional Documents
Culture Documents
JNU, Jaipur
First Edition 2013
JNU makes reasonable endeavours to ensure content is current and accurate. JNU reserves the right to alter the
content whenever the need arises, and to vary it at any time without prior notice.
Index
I. Content....................................................................... II
Book at a Glance
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Contents
Chapter I........................................................................................................................................................ 1
Introduction to Fire Insurance.................................................................................................................... 1
Aim................................................................................................................................................................. 1
Objectives....................................................................................................................................................... 1
Learning outcome........................................................................................................................................... 1
1.1 Origin of Fire Insurance............................................................................................................................ 2
1.2 Fire Insurance Policy................................................................................................................................ 2
1.3 Scope of Fire Insurance............................................................................................................................ 4
1.3.1 Ordinary Scope......................................................................................................................... 5
1.4 Purpose of Fire Insurance......................................................................................................................... 7
Summary........................................................................................................................................................ 8
References...................................................................................................................................................... 8
Recommended Reading................................................................................................................................ 8
Self Assessment . ........................................................................................................................................... 9
Chapter II.....................................................................................................................................................11
Fire Insurance under Indian Insurance Law............................................................................................11
Aim................................................................................................................................................................11
Objectives......................................................................................................................................................11
Learning outcome..........................................................................................................................................11
2.1 Basic Principles of Fire Law................................................................................................................... 12
2.2 Laws Governing Fire Insurance.............................................................................................................. 12
2.2.1 Fire Insurance Contract........................................................................................................... 13
2.2.2 Essential Ingredients of Fire Insurance Contract.................................................................... 14
2.2.3 Risks Covered Under Fire Insurance Policy........................................................................... 16
2.2.4 Risks Not Covered by Fire Insurance Policy.......................................................................... 17
2.3 Characteristics of Fire Insurance Contract.............................................................................................. 17
Summary...................................................................................................................................................... 19
References.................................................................................................................................................... 19
Recommended Reading.............................................................................................................................. 19
Self Assessment . ......................................................................................................................................... 20
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Chapter IV................................................................................................................................................... 34
Fire Underwriting and Procedures............................................................................................................ 34
Aim............................................................................................................................................................... 34
Objectives..................................................................................................................................................... 34
Learning outcome......................................................................................................................................... 34
4.1 Introduction............................................................................................................................................. 35
4.2 Fire Insurance Underwriting................................................................................................................... 35
4.3 Fire Risk Assessment.............................................................................................................................. 36
4.3.1 Fire Risk Assessment Process................................................................................................. 36
4.4 Detailed Description of Fire Risk Assessment Process.......................................................................... 38
4.4.1 Step 1: Identify Fire Hazards.................................................................................................. 38
4.4.2 Step 2: Identify People at Risk............................................................................................... 39
4.4.3 Step 3: Evaluate, Remove, Reduce and Protect from Risk..................................................... 39
4.4.4 Step 4: Record, Plan, Inform, Instruct and Train.................................................................... 43
4.4.5 Step 5: Review........................................................................................................................ 45
Summary...................................................................................................................................................... 49
References.................................................................................................................................................... 49
Recommended Reading.............................................................................................................................. 49
Self Assessment............................................................................................................................................ 50
Chapter V..................................................................................................................................................... 52
General Fire Hazards................................................................................................................................. 52
Aim............................................................................................................................................................... 52
Objectives..................................................................................................................................................... 52
Learning outcome......................................................................................................................................... 52
5.1 Introduction to General Fire Hazards..................................................................................................... 53
5.1.1 Originating or Inception Hazards........................................................................................... 53
5.1.2 Contributory Hazards.............................................................................................................. 54
5.2 General Hazards...................................................................................................................................... 54
5.2.1 Exposure Hazard..................................................................................................................... 55
5.2.2 Electrical Hazards................................................................................................................... 57
5.2.3 Fire and Explosion Hazards.................................................................................................... 57
5.2.4 Hazards of Dangerous Atmosphere........................................................................................ 59
5.2.5 Hazards of Metals................................................................................................................... 59
5.3 Fire Protection Systems.......................................................................................................................... 60
5.3.1 How Fires are Extinguished.................................................................................................... 60
5.3.2 Common Fire Extinguishing Appliances................................................................................ 61
5.3.3 Smoke Detectors..................................................................................................................... 62
5.4 Management and Housekeeping............................................................................................................. 62
5.4.1 Segregation............................................................................................................................. 62
5.4.2 Arrangement of Premises........................................................................................................ 63
5.4.3 Supervision............................................................................................................................. 63
5.4.4 Smoking.................................................................................................................................. 63
5.4.5 Disposal of Trade Waste......................................................................................................... 63
5.5 Loss Prevention Association of India..................................................................................................... 64
Summary...................................................................................................................................................... 65
References.................................................................................................................................................... 65
Recommended Reading.............................................................................................................................. 66
Self Assessment . ......................................................................................................................................... 67
Chapter VI................................................................................................................................................... 69
Fire Hazards of Specific Industries........................................................................................................... 69
Aim............................................................................................................................................................... 69
Objectives..................................................................................................................................................... 69
Learning outcome......................................................................................................................................... 69
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6.1 Introduction............................................................................................................................................. 70
6.2 The Textile Industry................................................................................................................................ 70
6.2.1 Spinning Preparatory and Spinning Process........................................................................... 70
6.2.2 The Weaving Preparatory and the Weaving Process............................................................... 70
6.2.3 Chemical Processing of Cloth................................................................................................. 70
6.2.4 Auxiliary Departments............................................................................................................ 71
6.2.5 Fire Hazards and Loss Prevention Measures.......................................................................... 71
6.2.6 Other Hazards......................................................................................................................... 72
6.3 The Jute Industry..................................................................................................................................... 72
6.3.1 Jute Press................................................................................................................................. 72
6.3.2 Jute Mills................................................................................................................................. 73
6.3.3 Jute Warehouses...................................................................................................................... 76
6.4 The Rubber Industry............................................................................................................................... 76
6.4.1 Manufacturing Process of Rubber ......................................................................................... 77
6.4.2 Fire Hazards............................................................................................................................ 78
6.5 Paper Industry......................................................................................................................................... 78
6.5.1 Raw Material Process............................................................................................................. 78
6.5.2 Pulp Production....................................................................................................................... 78
6.5.3 Paper Making.......................................................................................................................... 78
6.5.4 Fire and Explosion Hazards and Loss Prevention Measures.................................................. 79
6.6 The Chemical Industry............................................................................................................................ 79
6.6.1 Sources of Ignition.................................................................................................................. 80
6.6.2 Chemical Processes................................................................................................................. 80
6.7 The Hydrocarbon Processing Industry.................................................................................................... 81
6.7.1 Characteristics of Hydrocarbons Leading to Fire and Explosion........................................... 82
6.7.2 Hazards in the Hydrocarbon Processing Industry................................................................... 82
6.7.3 Other Hazards Related to Process Units/Production Plants.................................................... 83
Summary...................................................................................................................................................... 85
References.................................................................................................................................................... 85
Recommended Reading.............................................................................................................................. 85
Self Assessment............................................................................................................................................ 86
Chapter VII................................................................................................................................................. 88
Fire Insurance Claim and Settlement ...................................................................................................... 88
Aim............................................................................................................................................................... 88
Objectives..................................................................................................................................................... 88
Learning outcome......................................................................................................................................... 88
7.1 Legal Aspects of Fire insurance Claim................................................................................................... 89
7.1.1 The Doctrine of Proximate Cause........................................................................................... 89
7.1.2 Rules of Interpretation of Policies.......................................................................................... 91
7.1.3 The Amount of Claim Payable................................................................................................ 91
7.1.4 Types of Properties Affected................................................................................................... 92
7.1.5 Important Terms Relating to the Claim ................................................................................. 94
7.2 Procedural Aspects in Fire Claims.......................................................................................................... 95
7.3 Important Aspects of Survey................................................................................................................... 95
7.3.1 Process of Surveying and Loss Assessment........................................................................... 96
7.3.2 The Important Issues Involved in any Survey Job.................................................................. 96
7.4 Final Survey Report................................................................................................................................ 97
Summary...................................................................................................................................................... 98
References.................................................................................................................................................... 98
Recommended Reading.............................................................................................................................. 98
Self Assessment............................................................................................................................................ 99
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Aim............................................................................................................................................................. 101
Objectives................................................................................................................................................... 101
Learning outcome....................................................................................................................................... 101
8.1 Fire - Consequential Loss Insurance..................................................................................................... 102
8.2 Basis of Profits Insurance..................................................................................................................... 102
8.2.1 The Measure of Indemnity.................................................................................................... 102
8.2.2 Indemnity Period................................................................................................................... 103
8.2.3 The Sum Insured................................................................................................................... 103
8.3 The Operative Clause of the Policy...................................................................................................... 103
8.4 Important Terms for Various Calculations............................................................................................ 104
8.5 Specification – Turnover Basis............................................................................................................. 105
8.5.1 Consequential Loss Insurance Premium Rate...................................................................... 107
8.6 New Business Clause............................................................................................................................ 109
8.6.1 Claims Procedure.................................................................................................................. 109
Summary.....................................................................................................................................................111
References...................................................................................................................................................111
Recommended Reading.............................................................................................................................111
Self Assessment...........................................................................................................................................112
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List of Figures
Fig. 1.1 Loss caused by fire............................................................................................................................ 3
Fig. 1.2 Fire by accident................................................................................................................................. 4
Fig. 4.1 Steps in risk assessment................................................................................................................... 37
Fig. 4.2 Identification of fire hazards............................................................................................................ 38
Fig. 5.1 Types of hazards.............................................................................................................................. 54
Fig. 5.2 Danger from exposure..................................................................................................................... 55
Fig. 5.3 Classification of exposures.............................................................................................................. 56
Fig. 5.4 Types fuel storage ........................................................................................................................... 58
Fig. 6.1 Processes in jute mill....................................................................................................................... 74
Fig. 6.2 Manufacturing process of rubber..................................................................................................... 77
Fig. 7.1 Types of properties covered under fir insurance.............................................................................. 92
Fig. 7.2 Important terms in fire insurance..................................................................................................... 94
Fig. 8.1 trading losses from stopping business........................................................................................... 102
Fig. 8.2 Reasons for the loss of gross profit............................................................................................... 105
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List of Tables
Table 2.1 Basis for fixing sum insured......................................................................................................... 15
Table 3.1 Advantages and disadvantages of valued policy........................................................................... 24
Table 3.2 Advantages and disadvantages of reinstatement policy................................................................ 26
Table 3.3 Advantages and disadvantages of declaration policy.................................................................... 30
Table 4.1 Fire safety requirements for various building type and heights.................................................... 48
Table 8.1 Percentages of basic rates........................................................................................................... 108
Table 8.2 Rate of gross profit earned on the annual and standard turnover................................................ 109
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Abbreviations
GIC - General Insurance Corporation of India
I.B.N.R. Claims - Incurred But Not Reported Claims
LOP - Loss of Profit
LPA - Loss Prevention Association
LPG - Liquefied Petroleum Gas
NOC - No Objection Certificate
PBR - Poly Butadiene Rubber
RIV - Reinstatement Value
SBR - Styrene Butadiene Rubber
TNT - Trinitrotoluene
VIII/JNU OLE
Chapter I
Introduction to Fire Insurance
Aim
The aim of this chapter is to:
Objectives
The objectives of this chapter are to:
Learning outcome
At the end of this chapter, you will be able to:
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Fire Insurance
In 1666, the great fire broke out in London, which continued for four days and nights and spread over 436 acres of
territory. This was an alarming and appalling calamity. Over 85 per cent of the buildings in London were destroyed,
while the property loss is estimated to have been about ten million pounds. In the absence of insurance, this was a blow
from which London was slow to recover, as is shown by the fact that in 1673, seven years later, about one thousand
buildings were yet to be replaced. Relatively, this London fire was the greatest in the history of the world.
Immediately after the fire, various plans for the protection of individuals against loss by fire began to be devised.
In 1667, the first regular system for insuring buildings against fire began.
A London builder, Dr. Nicholas Barbon, started the Fire Office in 1680. This company, for a given consideration,
engaged to pay the assured the amount of indemnity declared in the policy, or contract, should his house or building
be destroyed by fire, or to repair it, should it be only ‘damnified’ — i.e., damaged. No liability, it was noted, rested
upon the assured beyond the payment of the premium. Other Offices soon followed but their operations were
confined to the insurance of buildings. In 1681, a few years after this first company was established, an attempt was
made by the city of London to establish an insurance account, or business, and funds and property were put aside
and dedicated for that purpose.
In 1708, an office was established to insure goods and merchandise. By the beginning of the 19th century, there were
no less than 32 fire offices. These offices recognised the need for joint action to deal with common problems.
In 1832, the London offices formed one common fire brigade and action was initiated for the collection of loss
experience on a common basis for charging agreed rates. This led to the formulation of various tariffs such as the
Liverpool Warehouse Tariff, Cotton Mills Tariff, etc. Eventually, in 1858, an Association of English and Scottish
Fire Offices was formed which came to be known in 1868, as the Fire Offices Committee.
The Industrial Revolution brought about a great increase in material wealth in the form of factories, machinery
and merchandise, which had to be protected by fire insurance. With the introduction of complex manufacturing
processes in industry, the system of fire insurance rating became complicated. The market also introduced the loss
of profits policy in 1900, followed by insurances against special perils. Insurances on re-instatement value basis
were introduced during the inter-war period. On the technical side, the Fire Offices Committee established a Testing
Station for research purposes, in 1935. In 1946, this was converted into the Joint Fire Research Organisation.
Definition of Fire: The term fire in a fire insurance policy is interpreted in the literal and popular sense. Fire causes
when something burns. It has been held that there is no fire unless there is ignition.
For example: Stanley vs. Western Insurance Company. Fire produces heat and light but neither of them isolated,
can be called fire. Lighting is not fire. However, if lighting ignites something, the damage may be covered by a fire
policy. The same is the case with electricity.
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Loss caused by fire
Heating unaccompanied by ignition is not fire. Loss or damage through the uncontrolled medium of fire either by
ignition of the articles consumed or by damage either by ignition of the articles caused by ignition of that part of
the premises, where the article is. In one case there is loss, in the other case, a damage occasioned by fire. Thus, it
can be stated that no claim possible without flame.
All these situations do not fall under the definition of ‘fire’ and therefore, the losses incurred in such circumstances
are not to be covered by the fire insurance policy. The losses by the following instances or losses subsidiary to fire
are as follows:
• Damage which occurs as a result of smoke or of putting out the fire would be covered by the fire risks.
• Any loss resulting from apparently necessary and bona fide efforts to put out a fire, whether it be by spoiling
goods by water or throwing articles of furniture out of the window, are covered by the fire risks.
• Even by damages to a neighbouring house by explosion done for the purpose of arresting fire, would be covered
by the fire risks.
• Every loss, directly or if not directly, at least consequently, resulting from the fire is insured in the policy (In
Stanley V/s Western Ins. Co., 1968).
• Loss theft during a fire is covered as a fire risk (In Stanley V/s Bailey, 1831).
• Even loss by fire caused by the insured’s negligence is covered by the policy (IN Harris V/s Poland, 1941).
• Any loss occurred while putting out the fire.
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Fire Insurance
Fire by accident
In case of fire insurance, the occurrence of fire is accidental, and only then, is it covered by the policy. In case the
fire is a deliberate act of the insured, the insurer is not liable to compensate. The fire which is used for ordinary
domestic purposes or even for manufacturing is not fire as long as it is confined within the usual or proper limits.
Thus, fire by accident means the production of light and heat by combustion, whilst the actual ignition and heating
unaccompanied by ignition is not fire.
According to S. 2(6A), the ‘fire insurance business’ means the business of effecting, otherwise than incidentally
to some other class of insurance business, contracts of insurance against loss through or by fire or other related
occurrence, is customarily included among the risks insured against in the fire insurance business.
According to Halsbury, it is a contract of insurance by which the insurer agrees for consideration to indemnify the
assured up to a certain extent and subject to certain terms and conditions against any loss or damage by fire, which
may happen to the property of the assured during the specific period.
Thus, fire insurance is a contract whereby the person, seeking insurance protection, enters into a contract with the
insurer to indemnify him against the loss of property, accidental or incidental to fire/lightning, explosion and so
on. This policy is designed to insure one’s property and other items from loss occurring due to complete or partial
damage by fire.
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• the risks directly involved by fire
• the risks indirectly involved (that have been traditionally included within the fire insurance policy)
Perils covered:
• Loss caused by fire
Excluding loss, destruction or damage caused to the property insured by:
It’s own spontaneous, fermentation of halting, or
It’s undergoing any heating or drying process
Burning of the property insured by the order of any Public Authority
• Explosion/Implosion: Excluding loss, destruction or damage caused to the property insured by bursting of
boilers (other than domestic boilers), economisers or other vessels in which steam is generated, machinery or
apparatus subject to centrifugal force.
• Aircraft Damage: Loss, destruction or damage caused by aircraft, other aerial or space devices and articles
dropped there from, excluding those caused by pressure waves.
• Riot Strike, Malicious and Terrorism: Visible physical loss, destruction or damage by external violence means
damage caused to the property insured but excluding those caused by:
Total or partial cessation of any process or operations or commission of any kind;
Confiscation, commandeering, requisition or destruction by order of the Government or any lawfully
constituted authority.
Permanent or temporary dispossession of any building or plant or unit or machinery resulting from the
unlawful occupation by any person of such building or plant or unit or machinery or prevention of access
to the same.
• Natural Disasters: Storm, cyclone, typhoon, tempest, hurricane, tornado, flood and inundation.
• Impact Damage: Impact by any rail/road vehicle or animal by direct contact not belonging or owned by:
The insured or any occupier of the premises, or
Their employees while acting in the course of their employment
• Subsidence and Land slide including Rock slide: Loss, destruction or damage caused by subsidence of part
of the site on which the property stands or land slide/rock slide excluding-
• the normal cracking, settlement or bedding down of new structures
• the settlement or movement or made up ground
• coastal or river corrosion
• defective design or workmanship or use or effective materials
• demolition, construction, structural alternative or repair of any property or ground works or excavations
• Physical exhaustion of capacity: Bursting and/or overflowing of water tanks, apparatus and pipes
• Warfare testing: Missile testing operations
• Leakage from Automatic Sprinkler Installations: Excluding loss, destruction or damage caused by:
Repairs or alterations to the buildings or premises;
Repairs, removal or extension of the sprinkler installation; and
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Fire Insurance
Consequential losses: The consequential losses/risks are those that have been created by the fire. Such risks are also
known as ‘Loss of Profit’ loss. When fire takes place in a factory, not only are its assets/properties (machine, raw
material, finished goods, building, and so on) damaged or lost, but the production work in the factory is also held
up for a considerable time. Consequently, the profits from the factory are stopped, but the burden of fixed costs and
additional expenses also are to be borne. Thus, the following types of losses are included in consequential losses:
6/JNU OLE
1.4 Purpose of Fire Insurance
The industry, trade and commercial articles have been developing and diversifying at a faster rate in India. Along
with the growth of industrial and commercial articles, the infrastructural fields like transport, communication,
finance, advertising, stock marketing and so on, have also been developing continuously, so as to cope with the
pace of economic development. The importance of foreign trade also has been very much for a developing country
like India. All these developments in various fields brought in much risks and uncertainties in business activities.
Insurance is the only field that provides security, against business risks. The role of the fire insurance has been
increasing day-by-day as a means against destruction or damage of business property caused by fire.
The significance of fire insurance can be discussed under the following points:
• As a source for minimising losses: Fire can destroy property in goods and fixed assets worth crores of rupees
or can create damage to the business property. Fire Insurance indemnifies losses or damages done to fire and
resources the mental worries of businessmen.
• Decreases in probabilities of fire losses: The increasing uses of energy petrol like electricity, gas and other
such items have increased the probability of losses or damages to goods and property. In order to minimize this
calamity, various type of fire extinguishing devices has been destroyed throughout the world. Moreover, the
fire insurance is another device to indemnify the losses, thus removing mental worries by extending financial
support.
• Increase in production of fire proof materials: Fire insurance cannot prevent occurrence of fire, but can reduce
the losses. Today various devices are produced in the country like fire extinguisher. Fire brigades are set up at
every cities and towns to extinguish fire by the government and local bodies.
• Decrease in social loss of fire: Social awareness has been created in the country to put out fire and to reduce the
effect of fire. The social organisations provide training to the people in the use of the fire extinguishing devices
and caution them in the use of such items which causes or produces fire liabilities.
• Asset valuation: Assets are valued for obtaining a fire insurance policy. It requires the insured to be more
cautious in protecting his property or goods.
• Loss preventing efforts and advice by the insurer: An insurer not only offers indemnity against fire losses,
but also advises the insured to reduce the incidence of fire. Fire Insurance companies establish, ‘salvage corps’,
to extinguish fire so that the extent of loss can be minimised.
• Helpful in business progress: Due to the facilities provide by the fire insurance companies, the business
enterprises undertake large scale production and invest in business and marketing activities without any
botheration. This lead to continuous progress in industrial and commercial activities, leading to economic
growth.
• Beneficial for new industries: The new industrial units usually face complex problems of production, finance,
competition and sales and so on. In such a situation, they cannot afford the losses/damages due to fire. The
fire insurance relieves such entrepreneurs from worries by indemnifying the loss/damages, if any, from the
occurrence of fire.
• Credit facility: Where the assets are secured by fire insurance, it becomes easier for such enterprises to get
credit from banks and other financial institutions. This will increase the credit worthiness of the enterprise.
• Distribution of risks: Fire insurance is an effective device to distribute the risks in a group, enabling the
individual or the institution to maintain its efficiency.
• Other important milestones: They include the following:
Development of small industries becomes easier.
Contribution towards timely completion of national plans.
There will be regularity in the national income and the ways for national development.
There can be continuity in the production program of business enterprises and the operating efficiency will
increase.
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Fire Insurance
Summary
• Insurance, in its modern form, originated in Lombardy, Italy, in 1182 A.D. Attempts to organise fire insurance
in the modern form were made only after the Great fire of London in 1666.
• Immediately after the fire, various plans for the protection of individuals against loss by fire began to be devised.
In 1667, the first regular system for insuring buildings against fire began.
• A London builder, Dr. Nicholas Barbon, started the fire insurance office in 1680.
• The industrial revolution brought about a great increase in material wealth in the form of factories, machinery
and merchandise that had to be protected by fire insurance.
• The market also introduced the loss of profits policy in 1900, followed by insurances against special perils.
• The fire offices committee established in 1935, a testing station for research purposes. In 1946, this was converted
into the Joint Fire Research Organisation.
• The term insurance has been used in describing the fund accumulated to meet uncertain losses.
• ‘Loss or damage’ occasioned by fire, means loss or damage either by ignition of the articles consumed or by
damage either by ignition of the articles caucused or by ignition of that part of the premises, where the article
exists.
• In the case of fire insurance, the occurrence of fire is accidental, and then only, it is covered by the policy.
• Fire insurance is a contract whereby the person, seeking insurance protection, enters into a contract with the
insurer to indemnify him against loss of property by or incidental to fire or lightning, explosion and so on.
• The scope of fire insurance involves the following types of risks: the risks directly involved by fire, and the
risks indirectly involved.
• Scope of fire is classified into three categories namely: ordinary, special and comprehensive.
• The role of the fire insurance has been increasing day-by-day as a means against destruction or damage of
business property caused by fire.
References
• Goel, K., 2011. Non-life insurance [Online] Available at: <http://www.scribd.com/doc/50915844/2/
OBJECTIVES>. [Accessed 9 June 2011].
• Ten, 2009. Fire insurance [Online video] Available at: < http://www.youtube.com/watch?v=J8oPCmebnmc&
feature=related>. [Accessed 9 June 2011].
• Authorstream.com, 2011. Fire insurance [Online] Available at: < http://www.authorstream.com/Presentation/
niru.007-752229-fire-insurance/>. [Accessed 9 June 2011].
• Jpht197, 2009. The great fire of London [online video] Available at: < http://www.youtube.com/
watch?v=b7vXcYmKFDQ>. [Accessed 9 June 2011].
Recommended Reading
• Shepard, S., 2009. Be fire safe: how to avoid fire, reduce loss, and recover from insurance if you have a fire.
Ronin Publishing.
• Darrach, H., 2008. The standard fire insurance policy. BiblioLife.
• Ketcham, E., 2010. Fire Insurance; The Essentials of the Fire Insurance Business. General Books LLC.
8/JNU OLE
Self Assessment
2. Fire insurance policy is designed to insure one’s property and other items from loss occurring due to __________
damage by fire.
a. complete or partial
b. complete
c. partial
d. minor
5. The increasing uses of _____________like electricity, gas and other such items have increased the probability
of losses or damages to goods and property.
a. solar energy
b. energy petrol
c. petrol
d. natural energy
9/JNU OLE
Fire Insurance
7. Almost all the insurable risks are included in the __________scope of fire insurance.
a. comprehensive
b. ordinary
c. consequential
d. special
8. The term insurance has been used in describing the fund accumulated to meet:
a. uncertain losses
b. property loss
c. goods loss
d. life loss
10. Fire insurance is an effective device to _________the risks in a group, enabling the individual or the institution
to maintain its efficiency.
a. maintain
b. distribute
c. detail
d. reduce
10/JNU OLE
Chapter II
Fire Insurance under Indian Insurance Law
Aim
The aim of this chapter is to:
Objectives
The objectives of this chapter are to:
Learning outcome
At the end of this chapter, you will be able to:
11/JNU OLE
Fire Insurance
The function of fire insurance is to make good the financial loss suffered as a result of fire. It is not the function of
fire insurance to replace the economic loss termed ‘Fire waste’ rather, fire insurance effects the equitable distribution
of this waste among all those who are insured. Distribution among the insuring public is achieved by assessing the
sum which each should pay in the form of premium so that, in the aggregate, a fund or pool is created from which
the losses of the unfortunate few are compensated. Thus, the cost of replacement of property destroyed is transferred
from the individual to the mass of insured members.
Insurable property: The fire insurance policy is meant to cover erected fixed assets and moveable assets whilst
lying in a particular location and declared accordingly for insurance.
The Fire Insurance contract may be defined as an agreement between the insurers and the insured whereby the
insurers having received premium, undertake to make good the financial loss, (subject to the limit of a specified
amount) suffered by the insured as a result of damage or destruction of the insured property by fire or other specified
perils, during a stated period.
In determining the value of property damaged or destroyed by fire for the purpose of indemnity under a policy of
fire insurance, it was the value of the property to the insured, which was to be measured. Prima facie that value
was measured by reference of the market value of the property before and after the loss. However, such method of
assessment was not applicable in cases where the market value did not represent the real value of the property to
the insured, as where the property was used by the insured as a home or, for carrying business. In such cases, the
measure of indemnity was the cost of reinstatement. In the case of Lucas vs. New Zealand Insurance Co. Ltd., where
the insured property was purchased and held as an income-producing investment, and therefore the court held that
the proper measure of indemnity for damage to the property by fire was the cost of reinstatement.
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2.2.1 Fire Insurance Contract
Fire insurance is a contract under which the insurer in return for a consideration (premium) agrees to indemnify
the insured for the financial loss which the latter may suffer due to destruction of or damage to property or goods,
caused by fire, during a specified period. The contract specifies the maximum amount, agreed to by the parties at
the time of the contract, which the insured can claim, in case of loss. This amount is not, however, the measure of
the loss. The loss can be ascertained only after the fire has occurred. The insurer is liable to make good the actual
amount of loss not exceeding the maximum amount fixed under the policy.
A fire insurance policy cannot be assigned without the permission of the insurer because the insured must have
insurable interest in the property at the time of contract as well as at the time of loss. The insurable interest in goods
may arise on account of:
• ownership
• possession
• contract
A person with a limited interest in a property or goods may insure them to cover not only his own interest but also
the interest of others in them. Under fire insurance, the following persons have insurable interest in the subject
matter:
• owner
• mortgage
• pawnee
• pawn broker
• official receiver or assignee in insolvency proceedings
• warehouse keeper in the goods of customer
• a person in lawful possession e.g. common carrier, wharfinger, commission agent
The term ‘fire’ is used in its popular and literal sense and means a fire which has ‘broken bounds’. ‘Fire’ which is
used for domestic or manufacturing purposes is not fire as long as it is confined within the usual limits. In the fire
insurance policy, ‘Fire’ means the production of light and heat by combustion or burning. Thus, fire, must result
from actual ignition and the resulting loss must be caused by such ignition. The phrase ‘loss or damage by fire’ also
includes the loss or damage caused by efforts to extinguish fire.
Fire insurance applies to insurance against loss of or damage to property arising from the peril of fire in any contract
made in the province except:
• Insurance falling within the classes of aircraft, automobile, boiler and machinery, inland transportation, marine,
plate glass, sprinkler leakage and theft insurance.
• Where the subject-matter of the insurance is rents, charges or loss of profits.
• Where the peril of fire is an incidental peril to the coverage provided.
• Where the subject matter of the insurance is property that is insured by an insurer or group of insurers primarily
as a nuclear risk under a policy covering against loss of or damage to the property resulting from nuclear reaction
or nuclear radiation and from other perils.
Statutory conditions
• Misrepresentation: If any person applying for insurance falsely describes the property to the prejudice of the
insurer, or misrepresents or fraudulently omits to communicate any circumstance which is material to be made
known to the insurer in order to enable the adjudgement of the risk to be undertaken, the contract shall be void
as to any property in relation to which the misrepresentation or omission is material.
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Fire Insurance
• Property of others: Unless otherwise specifically stated in the contract, the insurer is not liable for loss or
damage to property owned by any person other than the insured, unless the interest of the insured therein is
stated in the contract.
• Material change:
Any change, material to the risk and within the control and knowledge of the insured, shall avoid the contract
as to the part affected thereby, unless the change is promptly notified in writing to the insurer or its local
agent; and the insurer when so notified may return the unearned portion, if any, of the premium paid and
cancel the contract, or may notify the insured in writing that, if he desires the contract to continue in force,
he must, within fifteen days of the receipt of the notice, pay to the insurer an additional premium; and in
default of such payment the contract shall no longer be in force and the insurer shall return the unearned
portion, if any, of the premium paid.
• Termination of contract:
This contract may be terminated by:
the insurer giving to the insured fifteen days notice of termination by registered mail, or five days written
notice of termination personally delivered;
the insured at any time on request.
The declaration clause in the proposal form will warrant the literal truth of the answers given in the form. Thus,
the common law duty of utmost good faith is converted into the contractual duty of utmost good faith and the
representations in the proposal form become warranties and have to be literally true. Where the premises are surveyed
by the insurers, they are deemed to be in possession of the material information concerning the risk and the insurer
cannot later penalise the insured for non-disclosure or misrepresentation. It is possible that after the inspection or
survey, the insured might carry out some changes in the risk. It is important that these changes are notified to the
insurer. The details of construction, occupation and communication need to be ascertained properly; if not, the rates
charged by the insurance company may not be correct.
The insured is expected to behave as if uninsured at all times and safeguard his property from all the perils that
are likely to affect the property. The insured is expected to salvage as much of the property as possible and ensure
proper fire fighting operations.
• Insurable Interest
The competency of a person to affect a contract of fire insurance is determined by his legal capacity to contract and
his legal pecuniary relationship to the property so that he would benefit by its safety or would suffer financial loss in
the event of loss/damage to the property. In fire insurance, persons who stand to gain financially from the safety of
a property or stand to lose financially by its destruction are said to have insurable interest on a property and thereby
can take an insurance policy. Examples of persons who can have insurable interest are as under:
Absolute ownership
A mortgagor as owner of the property can insure it for its full value but the mortgagee’s interest is limited
to the amount outstanding at the time of loss.
Insurable interest of a bank or financial institution that has advanced a loan is recognised by the Agreed
Bank Clause.
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In fire insurance, insurable interest should exist at the time of taking the policy, continue through its term
and should exist at the time of a loss.
Fire Insurance policies are personal contracts. Hence, if the property is sold or transferred, the policy is not
transferred automatically.
• Principle of Indemnity
The principle of indemnity is strictly adhered to in this branch of insurance. Though the reinstatement value policy
is a modification of this principle, it also seeks to maintain the principle of indemnity by stipulating that the sum
insured must represent the current new reinstatement/replacement value. In simple terms, the principle of indemnity
means putting the insured back to the same financial position he was in, before the occurrence of the loss. The person
is indemnified only to the extent of the loss; no profit or undue benefit is allowed.
• Market Value
The term commonly refers to the amount at which property of the same age and conditions can be bought or sold. In
other words, it is the ‘Second-hand Value’. It is determined for insurance purposes, with reference to the present cost
of construction of a similar building after deducting from the cost, depreciation based on age, usage, maintenance,
and so on.
Similarly, for plant and machinery, market value for insurance purposes, is arrived at by deducting suitable depreciation
for age, usage, wear and tear and so on, from the current replacement cost. In all these cases, depreciation refers to
actual intrinsic, physical depreciation.
• Book Value
It is arrived at by applying depreciation on the original cost of the property. At some point of time, this value may be
nominal and not adequate for insurance purposes. Hence, this value should be ignored while fixing the sum insured.
The following are the basis on which sum insured is fixed.
Market value, i.e., the cost at which the insured can purchase it in
Stocks: the market to replace the damaged raw material.
• raw material Market value, i.e., the cost of raw materials including the expenses
• semi finished goods (labour plus overheads) incurred up to the stage they have been
• finished goods processed.
Market value, i.e., the cost of raw material plus all the overheads
and labour expenses that have been incurred by the proposer till it
reaches the finished goods stage.
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Fire Insurance
On the basis of the table above, the following points should be noted:
The sum insured is always to be fixed by the insured.
It is the limit of liability under the policy.
It is the amount on which the rate is applied to arrive at the premium under the policy
The sum insured should represent the actual value of the property.
• Subrogation
The principle of subrogation is a corollary of the principle of indemnity. If the loss suffered by the insured is
recoverable from third parties who are responsible for the loss, the insured’s rights of recovery are transferred or
subrogated to the insurers when they indemnify the loss.
• Contribution
The principle of contribution which is also a corollary of the principle of indemnity provides that if the same property
is insured under more than one policy, the insured cannot recover more than his loss; he can recover only a rateable
proportion of the loss under each policy.
• Fire: Destruction or damage to the property insured by its own fermentation, natural heating or spontaneous
combustion or its undergoing any heating or drying process cannot be treated as damage due to fire. For example,
paints or chemicals in a factory undergoing heat treatment and are consequently damaged by fire is not covered.
Further, burning of property insured by order of any public authority is excluded from the scope of cover.
• Lightning: Lightning may result in fire damage or other types of damage, such as a roof broken by a falling
chimney struck by lightning or cracks in a building due to a lightning strike. Both, fire and other types of damages
caused by lightning are covered by the policy.
• Aircraft damage: The loss or damage to property (by fire or otherwise) directly caused by aircraft and other
aerial devices and/ or articles dropped there from is covered. However, destruction or damage resulting from
pressure waves caused by aircraft travelling at supersonic speed is excluded from the scope of the policy.
• Riots, strikes, malicious and terrorism damages: The act of any person taking part along with others in any
disturbance of public peace (other than war, invasion, mutiny, civil commotion etc.) is construed to be a riot,
strike or a terrorist activity. Unlawful action would not be covered under the policy.
• Storm, cyclone, typhoon, tempest, hurricane, tornado, flood and inundation: Storm, cyclone, typhoon,
tempest, tornado and hurricane are all various types of violent natural disturbances that are accompanied by
thunder or strong winds or heavy rainfall. Flood or inundation occurs when the water rises to an abnormal level.
Flood or inundation should not only be understood in the common sense of the terms, i.e., flood in river or lakes,
but also accumulation of water due to choked drains would be deemed to be flood.
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• Impact damage: Impact by any rail/ road vehicle or animal by direct contact with the insured property is
covered. However, such vehicles or animals should not belong to or be owned by the insured or any occupier
of the premises or their employees while acting in the course of their employment.
• Subsidence and landslide including rockslide: Destruction or damage caused by subsidence of part of the
site on which the property stands or landslide/rockslide is covered. While subsidence means sinking of land or
building to a lower level, Landslide means sliding down of land usually on a hill.
• Bursting and/or overflowing of water tanks, apparatus and pipes: Loss or damage to property by water or
otherwise on account of bursting or accidental overflowing of water tanks, apparatus and pipes is covered.
• Missile testing operations: Destruction or damage, due to impact or otherwise from trajectory/ projectiles in
connection with missile testing operations by the insured or anyone else, is covered.
• Leakage from automatic sprinkler installations: Damage, caused by water accidentally discharged or leaked
out from automatic sprinkler installations in the insured’s premises, is covered. However, such destruction or
damage caused by repairs or alterations to the buildings or premises; repairs removal or extension of the sprinkler
installation; and defects in construction known to the insured, are not covered.
• Bush fire: This covers damage caused by burning, whether accidental or otherwise, of bush and jungles and
the clearing of lands by fire, but excludes destruction or damage, caused by forest fire.
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Fire Insurance
Indian law, the consent of the insurer is not necessary to make a valid assignment of policy, only a notice of
information is sufficient.
• On occurrence of fire, a notice of fire should be given to the insurer so that the insurer may take prompt steps
going ahead to safeguard his interests, in dealing with salvage and also, judge the cause and nature of the fire,
and the extent of the loss.
• It is the duty of the insured to act as a man of ordinary prudence to take necessary steps to save the property
from loss of fire, as in the absence of any insurance against the property.
• Sometimes, the insurer issues a ‘Cover Note’ or ‘Interim Policy’ to the insured. In the case of loss by fire before
the Absolute Policy is issued, the claim is paid in view of ‘Cover Note’.
• The risk commences as soon as the insurer accepts the proposal, but the insurer has the right to fix the date of
commencement of risk at a future date also.
• The rate of premium varies according to the degree of hazard or risk involved.
• It is becoming very common in fire insurance policies to insert a condition called the ‘average clause’ by which
the insured is called upon to bear a portion of the loss himself. The condition is called the pro-rata condition
of average.
• The insured must have insurable interest in the subject matter both at the time of affecting the policy and at the
time of the loss.
• The word fire refers to ‘loss by fire’.
• In consequential loss policy, the insured is indemnified for the loss of profits which he sustains through interruption
or cessation of his business as a result of fire.
• Should the loss by fire be more than once, then the indemnity can be claimed. However, the total claim shall
not be more than the sum assured.
• Fire Insurance is also based upon certain principles, viz, insurable interest, utmost good faith and principle of
indemnity etc.
• Fire insurance is different from life insurance and marine insurance. It is indemnity insurance where as life
insurance involves the elements of security and investment. In marine insurance, insurable interest must be
present at time of loss, but in fire insurance, insurable interest must be present at the time of affecting the policy
as well as at the time of loss.
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Summary
• The function of fire insurance is to make good the financial loss suffered as a result of fire.
• Distribution among the insuring public is achieved by assessing the sum which each should pay in the form of
premium so that, in the aggregate, a fund or pool is created from which the losses of the unfortunate few are
compensated.
• The fire insurance policy is meant to cover erected fixed assets and moveable assets whilst lying in a particular
location and declared accordingly for insurance.
• Examples of insurable property are: buildings, electrical installations in buildings, goods in open and so on.
• The fire insurance contract may be defined as an agreement between the insurers and the insured whereby the
insurers having received premium, undertake to make good the financial loss, (subject to the limit of a specified
amount) suffered by the insured as a result of damage or destruction of the insured property by fire or other
specified perils, during a stipulated period.
• There is no statutory enactment governing fire insurance, as in the case of marine insurance which is regulated
by the Indian Marine Insurance Act, 1963.
• The essential ingredients of fire insurance contract are: utmost good faith, insurable interest, principle of
Indemnity, reinstatement value (RIV), market value, book value, subrogation, and contribution
• The date of conclusion of a contract of insurance is issuance of the policy which is different from the acceptance
or assumption of risk.
• Risks covered under fire insurance policy are: fire, aircraft damage, riots, strikes, malicious and terrorism damages,
storm, cyclone, typhoon, tempest, hurricane, tornado, flood and inundation, impact damage, subsidence and
landslide including rockslide, bursting and/or overflowing of water tanks, apparatus and pipes, missile testing
operations, leakage from automatic sprinkler installations, and bush fire.
• Risks not covered by fire insurance policy are: theft during or after the occurrence of any insured risks, war or
nuclear perils, electrical breakdowns, ordered burning by a public authority, subterranean fire and so on.
• Characteristics of fire insurance contract means security against risk of fire on any material or property.
References
• Zandramari, 2010. Essentials of Fire Insurance Contract [online video] Available at:<http://www.youtube.com/
watch?v=Plqsw1u85U4>. [Accessed 9 June 2011]
• NPCCAR, 2008. 20-C, Fire Insurance, Cancellation [Online video] Available at: < http://www.youtube.com/
watch?v=ZG8iwifGsbE>. [Accessed 9 June 2011]
• Rutter & Russin, 2000. Fire Insurance Law [Online] Available at: <http://library.findlaw.com/2000/Oct/1/127239.
html>. [Accessed 9 June 2011]
• Balaji, T., 2010. Fire insurance of the Indian Act insurance [Online] Available at: <http://policybazaarinsurance.
blogspot.com/2010/12/fire-insurance-of-indian-act-insurance.html>. [Accessed 9 June 2011]
Recommended Reading
• Insurance Society of New York, 2010. The fire insurance contract: its history and interpretation. Nabu Press.
• Kitchin, F., 1904. The principles and finance of fire insurance. E. Wilson.
• Riegel, R., 1947. Fire insurance; from insurance principles and practices. 3rd ed., Prentice-Hall.
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Fire Insurance
Self Assessment
2. The function of fire insurance is to make up for ________ loss suffered as a result of fire.
a. material
b. physical
c. financial
d. economic
5. Which of the following is arrived at by applying depreciation on the original cost of the property?
a. Market value
b. Book value
c. Reinstatement value
d. Contribution
7. The insurer undertakes to indemnity the insured against actual loss subject to the _________ limit of sum
insured.
a. minimum
b. given
c. maximum
d. depreciation
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8. Fire insurance policies are __________contracts.
a. personal
b. professional
c. mutual
d. original
9. The date of conclusion of a contract of insurance is issuance of the policy which is different from the:
a. acceptance or assurance of risk
b. acceptance or assumption of risk
c. application or assumption of risk
d. acceptance or development of risk
10. The rate of _________varies according to the degree of hazard or risk involved.
a. interest
b. risk
c. premium
d. depreciation
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Fire Insurance
Chapter III
Types of Fire Policies
Aim
The aim of this chapter is to:
Objectives
The objectives of this chapter are to:
Learning outcome
At the end of this chapter, you will be able to:
• comprehend important terms and method involved in calculating the measure of indemnity and the sum
insured
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3.1 Introduction
Throughout history, protecting commercial structures from fire has been important. Fire poses risk in terms of safety
to occupants, building integrity, business interruption and the economic health of a community. Consequently there
is a great deal of fire insurance policies designated to cater the needs of the insured. Insurance companies have issued
different types of fire insurance policies to satisfy the insured in this competitive market of insurance. Different
types of risk are included in different types of fire insurance policies to satisfy the insured party.
Measure of Indemnity
• If an insured under a valued policy sustains a total loss, he can, in the absence of fraud or mistake, claim the
sum insured.
• For a partial loss, however, he must claim the actual amount of the damage sustained, subject to the sum insured
not being exceeded.
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Fire Insurance
Advantages Disadvantages
There can be no dispute in determining the The insured suffers loss where value of
indemnity amount as insurer has agreed to insured property appreciates at time of
pay a specific amount irrespective of loss. indemnity.
Insured need not suffer loss in case of
This policy violates principle of indemnity
decline in value of insured property.
The insurer need not pay more even if
value of property appreciates. Insurer suffers loss in case market value of
property declines.
The insured is certain about receipt of a
fixed amount.
Amount of claim =
=
= 2, 00, 000
• Whenever a sum insured is declared to be subject to average, if the property covered by it shall at the time of
breaking of fire be of greater cost than the sum insured then the insured person will be considered the insurer
for the difference and will have to bear out the loss by him only.
• If a policy is subject to average, the full amount of the loss will not be payable if the property has been left
partially uninsured even if the loss may be less than the sum insured by the policy.
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• In an average case only the particular proportion of the loss which the insurance bears to the value of the property
is payable. This rule applies whether the loss is large or small and whether within the amount of the policy or
exceeding it.
• If the full value of the property is insured, a policy subject to average has the same position towards a loss that
a policy does which is not subject to average. Any loss would be recoverable in totality up to the amount of
policy.
• The proportion an insured sum which is subject to average corresponds to the value of all the property
encompassed there under is the proportion which represents any part of that value.
• The contribution to a loss occurring in any part of the alleged property will be determined by this proportion
of the whole property. The influential factor of the value of all the property protected by an insured sum being
brought into consideration provides an adequate and reasonable method of apportioning the insurance amongst
any of the component parts of the said value.
• The second condition of average states that whenever the circumstances named therein are present, a primary
liability for the loss shall be attached to insurance.
• The enforcing circumstances come into play whenever the insurance provides protection of primary import to
a part only of the property to which insurance relates, and in the second place no property other than such part.
The insurance first mentioned would be the more specific one.
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Fire Insurance
• If the company elect to reinstate or replace, the Insured shall have to provide them, when required, all such
plans and information as may be deemed necessary or convenient for the purpose.
• The option possessed by the company under this condition, of reinstating instead of paying in money, is one
the exercise of which lies entirely within their own discretion. They can consider exercising it or not. They are
not bound to reinstate, but may decide on consideration to perform reinstatement.
• At present reinstatement is very rarely resorted to as it involves several complications for example the cost of
reinstatement may prove to exceed such sum as payment of the loss in money would have amounted to.
• Another problem is that the reinstatement of movable property is unlike that of buildings as there are obvious
limits to replacing the goods destroyed for example some descriptions of movable property again are absolutely
irreplaceable, such as manuscripts, rare books, antique furniture and works of art.
• It is worth noting that with regard to movable property the company are not bound to reinstate upon the actual
scene of the fire if prevented by good reason from so doing. For instance, it may perhaps be that the setting of
machinery upon the premises where the fire occurred may not be possible but the company could claim to be
fulfilling their contract by proposing to set it up upon alternative premises that are suitable for the Insured’s
trade.
Advantages Disadvantages
The insured has the advantage of Insurer has to expend more in
having the property of the same firm by replacement of damaged property.
replacement as it was time of insurance.
Due to uncontrolled rise in prices the
insurer frequently may find it difficult
The insured does not bear the increase in to estimate the amount of indemnity
prices at time of replacement correctly.
The insured has to pay higher rate of
premium.
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the property actually affected by the fire, requires all loss of an indirect or consequential character to be made
the subject of a special policy.
• Such consequential loss comprises rent, rates, fixed charges such as debenture or other interest, salaries, and
all other outgoings which may continue notwithstanding the fire, whilst to these may be added loss of profits.
Thus, the subject matter of consequential loss insurance is the business of the insured, i.e., the earning capacity
of the property.
• If a major loss caused by fire occurs, it will possibly lead to an interruption in business operation which results
in reduction in turnover which ultimately causes loss of profits. However, standing or fixed charges continue to
accrue regardless of whether there is any production or not.
• Such loss cannot be covered under fire policy. Consequential loss policy compensates for the revenue loss suffered
by the enterprise in such case. Hence, consequential loss policy is very essential in addition to fire insurance
policy for providing complete protection to the business enterprise and its profitability.
Scope of cover
• The policy broadly covers loss of net profit caused by interruption of business, resulting due to material damage
to property by fire or any other insured peril under the standard fire and special perils policy.
• It also covers the standing charges incurred in the period of interruption and cost of working which is necessary
within reasonable limits for continuing business at the normal level in order to avoid or minimise the loss of
net profit and standing charges.
• Where this system has been adopted, the sum insured against indirect loss constitutes a certain fixed percentage
of that insured against direct loss, usually ten or fifteen per cent., and the settlements automatically follow one
upon the other.
Sum insured
• The estimated gross profit for the indemnity period selected is calculated and the sum for that amount is
insured.
• The indemnity period is the maximum period commencing from the occurrence of damage for which the gross
profit loss is to be covered and it should also indicate the maximum period expected for restoration of the
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Fire Insurance
damaged property. The maximum indemnity period permissible under the policy is 3 years.
• Gross profit can be insured on one of the following basis:
Turnover basis
Output basis
Difference basis
Revenue basis
Premium
• Basis rate depends on fire and special perils rate. Final rate is affected by the Indemnity Period chosen.
• The gross profit is decided upon estimated basis at the beginning and is subject to declaration of the actual
figures after expiry of policy based on final audited accounts.
• The rate of premium for the LOP policy basically consists of two components:
Basic rate
Percentage for the indemnity period.
• In the system of rating, the basis adopted is the full average fire rate on the contents of the process blocks of the
premises which reflect the material hazards considered from the view point of the fire insurers, and variation
is made for the degree of the interruption hazard which is reflected in the length of the maximum indemnity
period selected by the insured.
Main extension
• Policy can be extended to suppliers’ and customers’ premises or public utilities, on which the business is
dependent and cost of auditors fees, necessary for submitting claim on insurer.
Definitions of terms
• Turnover: Turnover is the money paid or payable to insured for goods sold and delivered and for services
rendered in course of business at premises.
• Indemnity period: Indemnity period is the period commencing with date of damage during which business is
affected by damage but limited to number of months selected by insured and inserted.
• Standard turnover: As its name implies, standard turnover is the standard against which comparison is to be
made in order to ascertain the shortage in turnover during the period in 12 months immediately before date of
damage which corresponds with indemnity period.
• Gross profit: This is the net profit added to the amount of the insured standing charges. If there is no net profit,
the amount of the Insured Standing Charges less such a proportion of the net trading loss as the amount of the
Insured Standing Charges bears to all the Standing charges of the business, will be the basis of Indemnity.
• Rate of gross profit: Rate of gross profit is defined as that earned during the financial year immediately before
the date of the damage. However, with most businesses, either they are making progress or they are losing ground.
Provision must therefore be made to allow adjustments to the results of the previous completed financial year.
Such adjustment proviso is bracketed against the rate of gross profit, annual turnover, and standard turnover,
which three definitions cover all the essential factors in calculating the loss.
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3.2.8 Blanket Policy
• This policy is issued to cover all the fixed and current assets of an enterprise by insurance.
• Thus, the blanket insurance provides several types of coverage’s under one policy and so the blanket insurance
is recommended for insurers with both buildings and personal property, or with multiple premises, either at the
same or separate locations, or a combination of any of these.
• The blanket policy has a higher premium as more conditions are included than in standard, however is more
cost effective eventually.
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Fire Insurance
Advantages Disadvantages
The excess amount paid towards initial The insurer has to bear the risk of
premium is returned to insured maximum stock, while charging premium
Since the insured is affected not less than for average stock only. The floating policy
Rs. 1 crore the insured is secured against is ideally suited for businessman’s whose
larger risks. goods are lying in different locations
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Summary
• In today’s competitive market of insurance there have been issued various fire policies by companies to satisfy
the needs of the clientele which cover different types of risks to satisfy the insured party.
• The principle types of fire policies are Valued Policy, Specific Policy, Average Policy, Floating Policy,
Reinstatement Policy, Consequential Loss Policy, Comprehensive Policy, Blanket Policy, and Declaration
Policy.
• The procedure of taking out of the fire policy, the sum insured and method of calculating measure of indemnity
varies according to the type of the fire policy.
• An average policy is one which contains the average clause. This clause required the insurance company to
pay only that portion of the loss which is borne by the insured amount to the actual value of the subject matter
of the insurance.
• Under the reinstatement policy insurance company pays more than the actual value of the property destroyed
by fire in order to cover the cost of replacement of the said property. It is also called as “Replacement Policy”.
This type of policy is not very common in these days.
• The reinstatement policy is issued to void the conflict of indemnity. In this policy, insurance company does not
indemnity the loss but it re-instates the insured property lost by fire.
• Consequential loss policy is issued to cover up the loss caused by fire or other consequential happenings. This
policy indemnifies the financial loss of the insured. It compensates both the direct and indirect losses which
have been incurred due to the fire.
• The insured should take up any specific type of fire policy according to his discretion keeping in view
his requirements and factors such as risk and cost of premium and measure of indemnity, advantages and
disadvantages of a particular policy.
References
• Taylor, H., 1949. Fire insurance law [pdf] Available at: <http://www.archive.org/download/
fireinsurancelaw032035mbp/fireinsurancelaw032035mbp.pdf>. [Accessed 15 June 2011].
• Fire insurance [Online] Available at: <http://business.gov.in/manage_business/fire_insurance.php> [Accessed
13 June 2011].
• Goel, K., 2011. Non-life insurance [Online] Available at: <http://www.scribd.com/doc/50915844/5/TYPES-
OF-FIRE-POLICIES> [Accessed 13 June 2011].
• Consequential-Loss [Online] Available at: <http://www.icicilombard.com/app/ilomen/Businessproducts/
Consequential-Loss.aspx>. [Accessed 13 June 2011].
Recommended Reading
• Darrach, H., 2008. The Standard Fire Insurance Policy, Pranava Books.
• Ketcham, E. Fire Insurance; the Essentials of the Fire Insurance Business. Nabu press.
• Rochie H., 2010. Fire Insurance Law: An Authoritative Analysis of the Standard Fire Insurance Policy, of Its
Legal Aspects, and of the Standard Forms. Nabu press.
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Fire Insurance
Self Assessment
1. ________________ requires insurance companies to pay to the insured, in case of total loss, the full amount of
the insurance, regardless of the actual value of the property at the time of the loss.
a. Valued-policy
b. Consequential loss policy
c. Declaration policy
d. Blanket policy
2. Which of the following is a policy that covers loss by fire caused to property belonging to the same person but
located at different places under a single sum and for one premium?
a. Average policy
b. Floating property policy
c. Comprehensive policy
d. Declaration policy
4. __________ is a policy which covers loss by fire caused to property belonging to the same person but located
at different places under a single sum and for one premium.
a. Floating policy
b. Standard policy
c. Loss of profit policy
d. Adjusting policy
5. In declaration policy insurer takes out a policy for the _________ value of stock which may be expected to
hold during the year.
a. maximum
b. minimum
c. appreciated
d. depreciated
6. In ________ policy, the insurer has to select one of the two alternatives, i.e., either to pay cash or to replace
the property.
a. reinstatement policy
b. comprehensive policy
c. valued policy
d. specified policy
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7. In order to discourage under- insurance, fire insurance policies often include a _________ clause.
a. exclusion
b. operational
c. nuclear exclusion
d. average
8. ____________ is not an example of standing charges insured under consequential loss (fire) policy.
a. Purchase cost of raw materials
b. Salaries to permanent staff
c. Insurance premium
d. Office and general establishment expenses
4. Blanket policy D. The premium rate is payable on basis of risk involved only.
a. 1-C, 2-B, 3-D, 4-A
b. 1-A, 2-D, 3-B, 4-C
c. 1-C, 2-D, 3-A, 4-B
d. 1-B, 2-D, 3-A, 4-C
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Fire Insurance
Chapter IV
Fire Underwriting and Procedures
Aim
The aim of this chapter is to:
Objectives
The objectives of this chapter are to:
Learning outcome
At the end of the chapter, you will be able to:
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4.1 Introduction
Insurance underwriting is the process of choosing who and what the insurance company decides to insure. This is
based on a risk assessment. It is pretty much the “behind the scenes” work in an insurance company where they
determine who is insured and how much in insurance premiums they will charge the insured person. Insurance
underwriting also involves choosing who the insurance company will not insure. Underwriting in the insurance
industry refers to the process used by insurance companies to determine how much of your liability to accept. This
measure of risk helps insurance companies make coverage decisions.
Underwriting involves measuring risk exposure and determining the premium that needs to be charged to insure that
risk. The function of the underwriter is to acquire—or to “write”—business that will make the insurance company
money and to protect the company’s book of business from risks that they feel will make a loss. In simple terms, it
is the process of issuing insurance policies.
Each insurance company has its own set of underwriting guidelines to help the underwriter determine whether or
not the company should accept the risk. The information used to evaluate the risk of an applicant for insurance will
depend on the type of coverage involved. For example, in underwriting automobile coverage, an individual’s driving
record is critical. As part of the underwriting process for life or health insurance, medical underwriting may be used
to examine the applicant’s health status (other factors may be considered as well, such as age and occupation).
Insurance is based on risk. As a result, it’s important for insurance companies to be able to use data and statistics to
accurately determine risk. Underwriting is the component of insurance that deals with assessing risk. Underwriting
is used to ensure that insurance companies charge the right amount for insurance coverage. If they charge too much,
they will lose customers to their competitors who charge less for coverage. On the other hand, if an insurance
company charges too little for coverage, they will eventually run out of money after paying for large claims. In
addition to helping insurance companies accurately set prices, underwriting is also used to aid in the detection and
prevention of fraud.
Illustration: Jane went to her insurance agent to get a car insurance policy. After she told the insurance agent
that she had driven without a license and insurance for 5 years and was in jail for reckless driving three times, the
insurance agent said that their insurance underwriting department would not insure her because they feel she is too
much of a risk.
Tariff Scenario
• Tariff scenario in some countries like India, fire insurance is tariff driven and tariff offers discounts on the basic
premium that has been fixed for the cement industry based on the past claim experience of the insurers and the
risk potential assessed by the regulatory authorities.
• In such conditions, discounts are offered for the good features like provision and maintenance of certified fire
protection systems, past claim experience and so on.
• Loading is done on the basic premium if the claim experience exceeds the limits specified in the tariff.
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• Though past claim experience can be related to the maintenance of the systems indirectly, there exists a limit
on the optimisation of the insurance through better maintenance practices. This is due to the element called
probability of occurrence.
• Generally, fire insurance depends on the factor of uncertainty and global insurance practice suggests that all
property needs to be covered for fire insurance.
• However, the optimisation can be done by means of opting for a higher voluntary deductible based on predictive
maintenance systems, under the fire insurance.
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as corridors, stairways and external routes.
• If the premises are in a multi-use complex then the information on hazard and risk reduction will still be
applicable. However, any alterations to the use or structure of individual unit will need to take account of the
overall fire safety arrangements in the building.
• The premises may be simple, with few people present or with a limited degree of activity, but if it forms part of
a building with different occupancies, then the measures provided by other occupiers may have a direct effect
on the adequacy of the fire safety measures in your premises.
• Under health and safety law, it is necessary to carry out a risk assessment in respect of any work processes at
workplace and to take or observe appropriate special, technical or organisational measures.
• It is necessary to appoint one or more competent persons to carry out any of the preventive and protective
measures needed to comply with the order.
STEP I
Identify fire hazards (identify sources of ignition, fuel , oxygen and so on)
STEP II
Identify people at risk (people in and around the premises, and people
especially at risk)
STEP III
Evaluate (Evaluate the risk of a fire occurring, risk to people from fire)
Remove, reduce (fire hazards, risk to people
Protect from risk (detection and warning, lightning, maintenance)
STEP IV
Record significant finding and action taken
Prepare an emergency plan
Inform and instruct relevant people; co-operate and co-ordinate with others
Provide training
STEP V
Keep assessment under review
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Sources of
ignition
Sources of Sources of
oxygen fuel
Identify
fire
hazards
Source of ignition
One can identify the potential ignition sources in the premises by looking for possible sources of heat, which could
get hot enough to ignite material found in your premises. These sources could include:
• cooking equipment, hot ducting, flues and filters
• smokers’ material, e.g., cigarettes, matches and lighters
• electrical, gas or oil-fired heaters (fixed or portable), room heaters
• hot processes, e.g., welding by contractors
• faulty or misused electrical equipment
• light fittings and lighting equipment, e.g., halogen lamps or display lighting
• hot surfaces and obstruction of equipment ventilation
• central heating boilers
• naked flames, e.g., candles or gas or liquid-fuelled open-flame equipment
• flares, fireworks and pyrotechnics
• arson
Sources of fuel
Anything that burns is fuel for a fire. It is necessary to look for the things that will burn reasonably easily and are
in enough quantity to provide fuel for a fire or cause it to spread to another fuel source. Some of the most common
‘fuels’ found in small and medium places of assembly are:
• flammable liquid-based products, such as paints, varnishes, thinners and adhesives
• flammable liquids and solvents, such as alcohol (spirits), white spirit, methylated spirit, cooking oils and
disposable cigarette lighters
• flammable chemicals, such as certain cleaning products and photocopier chemicals
• flammable gases such as liquefied petroleum gas (LPG) and acetylene
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• displays and stands
• costumes, drapes and hangings, scenery and banners
• packaged foodstuffs
• packaging materials, stationery, advertising material and decorations
• plastics and rubber, such as video tapes, polyurethane foam-filled furniture and polystyrene-based display
materials and rubber or foam exercise mats
• upholstered seating and cushions, textiles and soft furnishings and clothing displays
• litter and waste products, particularly finely divided items such as shredded paper and wood shavings, off cuts
and dust accumulation amongst lubricated areas
• fireworks and pyrotechnics
Sources of Oxygen
• The main source of oxygen for a fire is in the air around us. In an enclosed building this is provided by the
ventilation system in use.
• Some chemicals (oxidising materials), which can provide a fire with additional oxygen and so help it burn. These
chemicals should be identified on their container (and control of substances hazardous to health data sheet,) by
the manufacturer or supplier who can advise as to their safe use and storage.
• Oxygen supplies from cylinder storage
• Pyrotechnics (fireworks) which contain oxidising materials and need to be treated with great care.
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It is essential that the means of escape and other fire precautions are adequate to ensure that everyone can make
their escape to a place of total safety before the fire and its effects can trap them in the building. In evaluating this
risk to people one will need to consider situations such as:
• Fire starting within an assembly space, such as a church hall, where many people could be affected.
• Fire starting on a lower floor affecting the only escape route for people on upper floors or the only escape route
for people with disabilities.
• Fire developing in an unoccupied space that people has to pass by to escape from the building.
• Fire or smoke spreading through a building via routes such as vertical shafts, service ducts, ventilation systems,
poorly installed, poorly maintained or damaged walls, partitions and ceilings affecting people in remote
areas.
• Fire spreading rapidly through the building because of combustible structural elements and/or large quantities
of combustible goods.
For example, if we replace a flammable substance with a toxic or corrosive one, we must consider whether this
might cause harm to people in other ways. There are various ways through which we can reduce the risk caused by
potential sources of ignition like:
• Wherever possible replace a potential source by a safer alternative.
• Replace naked flame and radiant heaters with fixed convector heaters or a central heating system. Fire guard
naked flames and restrict the movement of portable heating appliances.
• Restrict and control the use of naked flames, e.g., candles.
• Operate a safe smoking policy in designated smoking areas, ensuring sufficient ashtrays are provided and cleaned
appropriately and prohibit smoking elsewhere.
• Ensure that sources of heat are kept away from flammable materials such as curtains, scenery and displays.
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have been treated with a proprietary fire-retardant treatment designed to enhance their fire performance.
• Reduce stocks of flammable materials, liquids and gases on display in public areas to a minimum. Keep remaining
stock in dedicated storerooms or storage areas, preferably outside, where the public are not allowed to go and
keep the minimum required for the operation of the business.
• Ensure flammable materials, liquids and gases, are kept to a minimum and are stored properly with adequate
separation distances between them.
• Do not keep flammable solids, liquids and gases together.
The level of fire protection we need to provide will depend on the level of risk that remains in the premises after
we have removed or reduced the hazards and risks.
Therefore, the objective should be to reduce the remaining risk to a level as low as reasonably practicable. The
higher the risk of fire and risk to life, the higher the standards of fire protection will need to be.
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• Some premises will also have permanently installed fire fighting equipment such as hose reels, for use by trained
staff or fire fighters.
• All staff should be familiar with the location and basic operating procedures for the equipment provided, in
case they need to use it.
• Other fixed installations and facilities to assist fire fighters, such as dry rising mains and access for fire engines,
or automatically operated, fixed fire suppression systems such as sprinklers and gas or foam flooding systems,
should also be provided.
Escape Routes
• Once a fire has started, been detected and a warning given, everyone in the premises should be able to escape
to a safe place unaided and without the help of the fire and rescue service.
• However, people with disabilities or with special needs may need help from staff who will need to be designated
for the purpose.
• Escape routes should be designed to ensure, as far as possible, that any person confronted by fire anywhere in
the building should be able to turn away from it and escape to a place of reasonable safety, e.g., a protected
stairway
• The level of fire protection that should be given to escape routes will vary depending on the level of risk of fire
within the premises and other related factors.
• When determining whether the premises have adequate escape routes, we need to consider a number of factors,
including:
the type and number of people using the premises
escape time
the age and construction of the premises
the number and complexity of escape routes and exits
assembly points
assisted means of escape/personal evacuation plans
whether lifts can or need to be used
the use of delayed alarms (staff alarms)
• Emergency escape lighting: People in the premises must be able to find their way to a safe place if there is a
fire by using escape routes that have enough lighting. Where any escape routes are internal and without windows
or the premises are used during periods of darkness, then some form of back-up to the normal escape route
lighting (emergency escape lighting) may be required.
• Signs and Notices
Signs: Signs must be used, where necessary, to help people identify escape routes, find fire fighting equipment
and emergency fire telephones.
A fire risk assessment that determines that no escape signs are required (because, for example, trained
staff will always be available to help persons to escape routes), is unlikely to be acceptable to an enforcing
authority other than in the smallest and simplest of premises where the exits are in regular use and familiar
to staff and guests (e.g., in a small village hall).
Where the locations of escape routes and fire fighting equipment are readily apparent and the fire fighting
equipment is visible at all times, then signs are not necessary. In all other situations it is likely that the fire
risk assessment will indicate that signs will be necessary.
Notices: Notices must be used, where necessary, to provide the following:
− Instructions on how to use any fire safety equipment.
− The actions to be taken in the event of fire.
− Help for the fire and rescue service (e.g., location of sprinkler valves or electrical cut-off switch-
es).
All signs and notices should be positioned so that they can be easily seen and understood.
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Installation, Testing and Maintenance
• New fire precautions should be installed by a competent person. Management must keep any existing equipment,
devices or facilities that are provided in premises for the safety of people, such as fire alarms, fire extinguishers
and lighting, signs, fire exits and fire doors, in working order and maintain separating elements designed to
prevent fire and smoke entering escape routes.
• The regular checks, periodic servicing and maintenance must be carried out whatever the size of the premises
and any defects are put right as quickly as possible.
• A person should be nominated, to carry out certain checks and routine maintenance work. Further maintenance
may need to be carried out by a competent service engineer.
• Where contractors are used, third party certification is one method where a reasonable assurance of quality of
work and competence can be achieved.
The record could take the form of a simple list which may be supported by a simple plan of the premises. More
complex premises may need a more detailed record; however, there is no one ‘correct’ format specified for this.
Keeping records will help to do this and will also form the basis of the subsequent reviews.
The findings of fire risk assessment will help to develop the emergency plan, the instruction, information and training
need to provide, the co-operation and co-ordination arrangements which will need to have with other responsible
people and the arrangements for maintenance and testing of the fire precautions.
Emergency Plans
• It is necessary to have an emergency plan for dealing with a fire situation. The purpose of an emergency plan
is to ensure that the people in the premises know what to do if there is a fire and that the premises can be safely
evacuated.
• The emergency plan should be based on the outcome of the fire risk assessment and be available for the employees,
their representatives (where appointed) and the enforcing authority.
• In premises with simple layouts the emergency plan may be no more than a fire action notice.
• In multi-occupied and more complex premises the emergency plan will need to be more detailed and compiled
after consultation with other occupiers and other responsible people, e.g., owners, who have control over the
building.
• In most cases this means that an emergency plan covering the whole building will be necessary.
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Take account of the work activity and explain the duties and responsibilities of staff.
Take place during normal working hours and be repeated periodically where appropriate.
Be easily understandable by the staff and other people who may be present.
Be tested by fire drills.
• In simple premises this may be no more than showing new staff the fire exits and giving basic training on what
to do if there is a fire.
• In most premises, in particular where there is a high staff turnover and many shift patterns, the organisation of
fire safety training will need to be more formal, e.g., by an induction course.
• Some of the staff may have received some fire safety training as part of a national accreditation scheme (e.g.,
door staff and stewards).
• The training should include the following:
What to do on discovering a fire?
How to raise the alarm and what happens then?
What to do upon hearing the fire alarm?
The procedures for alerting members of the public and visitors including, where appropriate, directing
them to exits.
The arrangements for calling the fire and rescue service.
The evacuation procedures for everyone (including the public and contractors) in the premises to reach an
assembly point at a place of total safety.
The location and, when appropriate, the use of fire fighting equipment.
The location of escape routes, especially those not in regular use.
How to open all emergency exit doors?
The importance of keeping fire doors closed to prevent the spread of fire, heat and smoke.
Where appropriate, how to stop machines and processes and isolate power supplies in the event of a fire?
The reason for not using lifts (except those specifically installed or nominated, following a suitable fire
risk assessment.
The safe use of and risks from storing or working with highly flammable and explosive substances.
The importance of general fire safety, which includes good housekeeping.
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• If a fire or ‘near miss’ occurs, this could indicate that the existing assessment may be inadequate and we should
carry out a re-assessment. It is good practice to identify the cause of any incident and then review and, if
necessary, revise our fire risk assessment in the light of this.
• The fire risk assessment is not a one-off procedure. It should be continually monitored to ensure that the existing
fire safety arrangements and risk assessment remain realistic.
• The assessment should be reviewed if there is a significant change in the occupancy, work activity, the materials
used or stored, when building work is proposed or when it is no longer thought to be valid, we must remember
to include a reminder to keep records and documentation relating to all aspects of fire safety.
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• Welding /cutting jobs should be carried out under strict supervision.
• Keep smoke/fire check doors closed.
• Keep means of escape clear of obstructions.
• Fire Rescue drills should be carried out at regular intervals.
• Impart elementary fire fighting training to occupants.
• Don’t plug too many electrical appliances in one socket.
• Don’t paint fire detector/sprinkler heads.
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Table 4.1 Fire safety requirements for various building type and heights
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Summary
• Insurance underwriting is the process of choosing who and what the insurance company decides to insure. This
is based on a risk assessment.
• Underwriting involves measuring risk exposure and determining the premium that needs to be charged to insure
that risk.
• Each insurance company has its own set of underwriting guidelines to help the underwriter determine whether
or not the company should accept the risk.
• Underwriting of fire and explosion risks insurers generally offer the protection against fire, explosion, lightening,
act of God perils like earthquake, flood, storm, inundation, riot, strike and malicious damage and so on, as a
single package cover.
• A fire risk assessment is an organised and methodical look towards the premises, the activities carried on there
and the likelihood that a fire could start and cause harm to those in and around the premises.
• A fire risk assessment will help to determine the chances of a fire starting and the dangers from fire that the
premises present for the people who use them and any person in the immediate vicinity.
• The organisation must provide adequate fire safety training for the staff. The type of training should be based
on the particular features of the premises
• All metro cities in India has fire regulations and norms and it is mandatory to get No Objection Certificate (NOC)
for buildings and Delhi has the most comprehensive fire regulations of all cities .
References
• BenmoreNi, 2010. Fire Risk Assessment [Video online] Available at: <http://www.youtube.com/
watch?v=3gKuyyvr1kE> [Accessed 27 June 2011].
• safetynut1, 2011. Fire Risk Assessment & the Fire Safety Order Explained [Video online] Available at: <http://
www.youtube.com/watch?v=lkXXzwRK3q8>. [Accessed 27 June 2011].
• Fire Risk Assessment [Online] Available at: <http://www.bedsfire.com/COMMUNITYSAFETY/
BUSINESSFIRESAFETY/Pages/FireRiskAss.aspx> [Accessed 27 June 2011].
• The Footwear & Leather Health & Safety Committee, 2007. Fire safety – fire risk assessment [Online] Available
at: <http://www.britfoot.com/documents/FIRE%2007.pdf> [Accessed 27 June 2011].
• Yung, D., 2009. Principles of Fire Risk Assessment in Buildings. Wiley.
• Hirschler, M., 1992. Fire Hazard and Fire Risk Assessment. Astm Intl.
Recommended Reading
• Reed, P., 1940. Fire Insurance Underwriting. McGraw-Hill Book Company.
• Dominge, C., 2010. Fire Insurance Inspection & Underwriting. Nabu Press.
• Robert B. Holtom, 2001. Commercial Fire Underwriting. 3rd. ed., Natl Underwriter Co.
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Self Assessment
1. Underwriting in the insurance industry refers to the process used by insurance companies to determine how
much of your __________to accept.
a. claim
b. sum insured
c. coverage
d. liability
3. To evaluate the risk to people in the premises, it is necessary to understand the way:
a. fire can be extinguished
b. fire can spread
c. safety measures can be used
d. risk assessment process
4. __________heats the air in the same way as an electric bar heater heats a room.
a. Conduction
b. Convection
c. Radiation
d. Transmission
5. The higher the risk of fire and risk to life, the higher the standards of _________________will need to be.
a. risk assessment
b. fire insurance
c. fire protection
d. fire underwriting
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7. Underwriting involves measuring risk exposure and determining the _________needs to be charged to insure
that risk.
a. policy
b. premium
c. coverage
d. claim
8. Loading is done on the basic premium if the claim experience exceeds the limits specified in the _______.
a. policy
b. contract
c. claim
d. tariff
9. The management of the premises and the way people use it will have an effect on the ____________.
a. evaluation of risk
b. protection of people
c. identification of hazards
d. reduction of the risks
10. All restaurants with seating capacity of ______persons and more have to follow the fire safety measures
irrespective of the building height.
a. 60
b. 70
c. 50
d. 80
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Chapter V
General Fire Hazards
Aim
The aim of this chapter is to:
• explain the two categories of fire hazards namely: originating and contributory
Objectives
The objectives of this chapter are to:
• explain the concept of the originating hazards along with their causes
• evaluate the types of general hazards, namely, electrical, metal, exposure, dangerous atmosphere, and fire and
explosion
Learning outcome
At the end of this chapter, you will be able to:
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5.1 Introduction to General Fire Hazards
The term “Fire Hazard” includes not only the causes of fires which are sometimes called ‘Originating hazards’
but also those circumstances which increase the probability of a fire occurring, or which enable or permit fires, once
started, to spread and increase the loss, i.e., ‘Contributory hazards’.
The contributory hazards are frequently of greater importance than the originating hazards. In such a case the loss
directly attributable to the “cause of fire” would be negligible, but the features which spread the fire i.e., timber
partitions, the combustible stocks and the open stairs would have increased the negligible loss to a very substantial
one.
Besides originating and contributory causes, there are other hazards which result in further losses. Examples of
such losses are:
• collapse of a building involved in a fire
• breakage and spoiling of material, plant and machinery
• damage during fire fighting operation
• spoilage through smoke, heat and water
• consequential losses
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• Molten substances: Fires are caused by metal escaping from ruptured furnaces or spilled during handling. These
fires can be prevented by proper material handling. In steel plants, leakage of molten metal from furnaces or
leakage during material transportation produces huge loss.
• Chemical action: Fires can also originate by chemical processes going out of control. Chemicals reacting with
other materials leads to the decomposition of unstable chemicals.
• Static sparks: Static electricity is rarely recorded as a source of ignition in reports of fires, probably, because
it is essentially associated with the movement of materials and machines after the fire, no trace of the cause is
left. The hazard can be prevented by grounding, bonding and humidification.
• Lightning: Fires have been known to originate from direct lightning strikes. These may be prevented by lightning
rods, arrestors and grounding.
Exposure
Hazards
Metal Electrical
Hazards Hazards
Types of
Hazrads
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5.2.1 Exposure Hazard
• The exposure hazard is a hazard occurred due to the contiguity or closeness of the exposed property (premises
or buildings) to adjoining or neighbouring premises or buildings from which a fire may spread and /or loss or
damage from fire, smoke, heat, water or breakage may be sustained.
• The exposure may spread across a yard, a street, a passage, an area, or over the roofs of intervening but lower
buildings. Exposure may even exit across, or over several buildings including open space.
• Fire from one building can very easily spread to adjoining buildings or nearby buildings by radiated heat, sparks,
brands (which are very light burning pieces), flames, and so on, from the burning building. This is called the
exposure hazard.
• The construction of the building is very important to stop the spread of fire. The height of the building, window
openings, occupation of the building and distance from the neighbouring buildings are the major factors for
fire spread.
• When buildings are situated very close, then the fire fighting operation may become very difficult as there may
be obstructions to reach the seat of the fire. Fire engines may not have proper access.
Radiation
Toxic/
Flammable Convection
gases
Danger
from
Smoke Exposure
Conduction
damage
Floor Physical
Leakage transmission
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by other means.
• Toxic/ Flammable gases: These gases travel the same way as smoke does.
Classification of Exposures
External
exposures
Types of
exposures
Internal
exposures
External exposures
• Local external exposures: Local exposure is created by a fire in the immediate vicinity of a building under
consideration. In general, local external exposure fires are those that originate in the property within 80 to 100
metres of the exposed building.
• Conflagration exposure: It has been defined in many different ways. In broad terms, a conflagration exposure
is that exposure created by a fire in buildings or other property so situated that a fire originating there is likely
to involve many buildings and cover a wide area.
• Fire storm: In a fire storm, air moves towards the centre of a group of fires, and the air velocities reach at
hurricane speed. Fire storms generally result from war attack.
Internal exposure
• Internal exposure is the exposure created by occupancies in storeys above and below and in areas adjoining the
storey/area under consideration.
Severity of exposures
After identifying what the exposures are, the next step is to calculate their severity. This requires the consideration
of many factors, including certain features of the exposing and exposed buildings.
• Factors related to an exposing building:
floor loads of combustibles
total mass of combustibles
type of construction of walls, roofs and floors of the exposing building
potential duration of the exposing fire
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wind direction
distance between the exposing and the exposed building
• Factors related to exposed building :
type of construction of walls, roof and floors
protection of wall openings
extent of installed protection systems
occupancy of the exposed building
• There are three main factors in the consideration of the exposure hazard viz.:
constructional features
distances from other buildings and
conditions existing between buildings
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Fuel storage
The principal fuel storages are:
Coal Storage
Oil Storage
Gas Storage
Coal storage
It has been observed that large stacks of coal are very much susceptible to spontaneous combustion. Absorption of
oxygen or oxidation of finely divided particles is the main cause. To reduce the spontaneous combustion of coal
stacks, the following precautionary measures should be taken:
• No coal stack shall contain more than 100 tonnes or exceed 3 metres in height and a clear space of not less than
3 metres must be maintained all around each stack.
• The site should be thoroughly cleared of leaves, grass, weeds, and pieces of timber, cotton wastes or other
foreign matter.
• It is recommended that coal should not be stored in places where the ambient temperature may exceed
26.50oC.
• Coal for storage should be deposited in layers rather than in conical piles as storage in the latter manner doesn’t
allow enough ventilation through the piles to keep the temperature down.
• Alternate wetting and drying of coal stacks should be avoided. It is also dangerous to have a part of the stack
wet and another part dry.
• Coal sprayed with a high flash point mineral oil decreases the tendency of spontaneous combustion by protecting
the surfaces from oxidation.
Oil storage
The oil used for oil fired boilers is a flammable liquid although its flash point is relatively high, being of the order of
450- 650oC. However, as in large power stations, where very large quantities are required to be stored, it represents
a considerable fire hazard. Thus, the principal precautionary measures aretaken into consideration:
• The oil should preferably be stored in underground tanks. If this is not possible, it may be stored above ground
in steel tanks located at least 15 m away from all other properties.
• Above ground storage tanks must be provided either with a catch-pit or surrounded with masonry or concrete
dyke walls so that the entire content of the tanks may remain confined within it, in the event of rupture of the
tank(s).
• The tanks should be constructed either with mild steel or reinforced concrete. Metal tanks should preferably
be of welded construction.
• A vent pipe should be fitted to the top of each tank and the cross sectional area of the pipe should be at least
equal to the cross-sectional area of the fill-pipe.
• All tanks and associated piping must be bonded and earthed by two independent paths as precautionary measures
against the accumulation of static electricity.
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Gas storage
• As mentioned earlier, the principal gas which is used as fuel in boilers is natural gas. It is a highly flammable
gas which is associated with serious fire and explosion hazards.
• Generally speaking, this gas is received through pipelines and as such no large scale storage is involved. In
case, however the gas has to be stored in gas-holders/tanks the same should be located at least 15 m away from
all other properties.
• All electrical equipment within this distance should be of the ‘approved’ flameproof type.
• The gas holders/tanks along with their pipelines should be electrically bonded and earthed by two independent
circuits as precautionary measures against the accumulation of static electricity.
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Magnesium powder suspended in air can ignite explosively in the presence of the smallest of ignition
source. Aluminium is ordinarily not as hazardous as magnesium but in powder form it is almost equally
explosive.
A great disadvantage in fighting magnesium and aluminium fires is that neither water nor any of the
conventional extinguishing agents can be used as the metallic powder reacts dangerously with all of
them.
Only dry sand, salt and other dry inert material could be used in these cases. In recent times, however, a
special purpose dry chemical for fighting combustible metal fires is also being used.
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powder, interrupting the vapour-oxygen molecular combustion reaction, dilution of oxygen in the air and
the direct absorption of heat by the fine solid particles.
Soda–acid extinguisher
• The soda-acid extinguisher contains a charge of sodium bicarbonate dissolved in water. A glass bottle held in
a cage above this liquid contains concentrated sulphuric acid.
• The bottle has a loosely fitting head of porcelain stop, which drops out when the extinguisher is inverted.
• Mixing of the acid and the sodium bicarbonate solution generates carbon dioxide gas, the pressure of which
expels the liquid contents through a 1/8 inch nozzle at the end of a short hose.
• Use: It is recommended for fires in ordinary combustible materials such as wood, paper, or cloth, where a
cooling and wetting action is required.
• Advantages: The stream has a long range and good pressure, which enable it to get into overhead locations.
The extinguishers can be used effectively on small fires involving oily floors or wood work.
Foam extinguishers
• The main tank of a foam extinguisher holds a solution of sodium bicarbonate to which a foam stabiliser and
sometimes a preservative is added.
• The inner container is a long metal tube with a solution of aluminium sulphate.
• A foam extinguisher is operated by inverting it. With the 10, 20 and 38- gallon extinguishers, the stopple of
the inner container must be lifted by a hand-wheel above the cap before the extinguisher is inverted. When the
smaller extinguishers are inverted, a loose lead stopple drops from the inner chamber, allowing the solutions to
mix and produce the foam, which is expelled by carbon dioxide gas.
• The foam, a thick and tenacious blanket filled with bubbles of carbon dioxide gas, spreads over the surface of
the burning liquid and extinguishes the fire by excluding oxygen. The volume of foam produced is about 7 ½
to 8 times that of the original solution.
• Use: It is recommended for fires in flammable liquids of the oil and gasoline types.
• Advantages: The foam spreads over the liquid surface and effectively excludes oxygen. The tough blanket
persists for quite some time on these liquids and therefore prevents re-ignition by the heated sides of the tank
or other hot metal surfaces.
• Limitations: Foam is not suitable for fires in electrical equipment.
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5.4.1 Segregation
The following are examples of hazardous processes or storage of hazardous goods, commonly met in industry and
which are usually capable of segregation:
• Woodworking by hand or power
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• Spray Painting
• Grinding and Machinery work
• Rubber spreading
• Drying timber by artificial heat
• Working with celluloid
• storing patterns made of wood
• storing oils and paints
• Storing petrol
• Storing upholsterers filling materials
5.4.3 Supervision
• Today, an important feature of factory management is the comfort and welfare of the employees. Well disciplined
staffs help to prevent fire.
• Adequate lighting and ventilation make for a good work place and facilitates careful operation by the work
people.
• When the staff is controlled by good management and the proper enforcement of rules, it is quite certain that
routine duties such as the regular filling of fire buckets and the closing of fireproof doors, keeping of packing
material in proper bins, keeping supplies of inflammable materials in their proper store places and putting oily
rags in metal bins would be done on a regular basis.
5.4.4 Smoking
• Smoking is directly or indirectly the cause of innumerable fires. In workrooms or factories where combustible
waste is generated, smoking should be strictly prohibited.
• It is desirable, however, that smoking should be permitted at certain specified times and in suitable places, such
as mess rooms or canteens.
• The total prohibition of smoking may lead to greater hazards from illicit smoking.
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• Further, it should be removed as soon as possible from the building to places where it can be kept without
endangering anything until it can be safely disposed of, either by carting or by burning.
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Summary
• The term “Fire Hazard” includes not only the causes of fires which are sometimes called ‘Originating hazards’
but also those circumstances which increase the probability of a fire occurring, or which enable or permit fires,
once started, to spread and increase the loss i.e., ‘Contributory hazards’.
• Few of the causes of the originating hazard are: electrical, smoking, friction, hot surfaces, burner flames and
so on.
• Contributory hazards increase the probability of fires occurring or which enable or permit fires, once the fire
started to spread and increase the loss. Few examples are: combustible materials, material with high calorific
value, and so on.
• Common types of general hazards: electrical, metal, exposure, dangerous atmosphere, and fire & explosion
hazard.
• The exposure hazard is a hazard due to the contiguity or closeness of the exposed property (premises or buildings)
to adjoining or neighbouring premises or buildings from which a fire may spread and /or loss or damage from
fire, smoke, heat, water or breakage may be sustained.
• Electrical hazards are caused by the fire caused by electricity which may occur due to sparking, overheating,
and sparking..
• Fire and explosion hazards occur due to the use and storage of fuels and the use of high heat producing
furnaces
• Hazards of dangerous atmosphere: There are many locations, where the selection of proper electrical equipment
is an important factor for fire safety purposes. These areas are characterised by the presence of a hazardous
concentration of flammable vapours, gases or combustible dusts.
• The hazards of metals vary with individual metals, the form or state of division, purity and other factors. Amongst
the metals, the alkali metal viz., lithium, sodium and potassium are the most hazardous
• The important aspects in the practical use if fire extinguishers are: effectiveness of portable extinguishers,
location and distribution of extinguishers, and selection of extinguishers.
• Extinguishers put out fires by: cooling the burning material to bring it below its ignition point, reducing the
quantity of available oxygen so that combustion cannot continue and, and inhibiting the combustion chain
reaction
• The common fire extinguishing appliances used are: soda-acid extinguisher, foam extinguisher, and carbon
dioxide extinguisher
• The Loss Prevention Association of India (LPA) is a non-profit organisation established in 1978 by the GIC
and the four public sector insurance companies, with the main objectives of promoting safety and loss control
through education, training and consultancy.
References
• Nfpadotorg, 2008. Hidden Electrical Hazards [Online video] Available at: <http://www.youtube.com/watch?v
=LJm8w25KgM8&playnext=1&list=PLD3432488038BB5F0> [Accessed 13 June 2011].
• BVS training, 2010. Fire Safety 1: Hazards and Prevention Training Teaser from BVS [online video] Available
at: < http://www.youtube.com/watch?v=K2Ml2GJJ9Dc> [Accessed 13 June 2011]
• Price, A., 2011. 8 Common Fire Hazards in Your Home [Online] Available at: <http://www.streetdirectory.com/
travel_guide/61015/home_security/8_common_fire_hazards_in_your_home.html> [Accessed 13 June 2011].
• Fire Hazards (Fire Prevention Tips) [Online] Available at: <http://www.fire-extinguisher101.com/hazards.html>
[Accessed 13 June 2011].
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Recommended Reading
• Gagnon, R., 1997. Design of Special Hazard & Fire Alarm Systems. Delmar Cengage Learning.
• Cheremisinoff, N., 1999. Fire and Explosion Hazards Handbook of Industrial Chemicals. William Andrew.
• Thomson, N., 2001. Fire Hazards in Industry. Butterworth-Heinemann.
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Self Assessment
2. The construction of the building is very important to stop the ________of fire.
a. start
b. coverage
c. spread
d. cause
4. When an electrical circuit carrying a current is suddenly intercepted, an/a _____is produced.
a. arc
b. fire
c. spark
d. smoke
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8. Carbon dioxide extinguishes a fire by reducing the _______content of the surrounding air until combustion can
no longer continue.
a. carbon
b. oxygen
c. sodium
d. nitrogen
10. The LPA’s work involves both, educational and ____________aspects of safety.
a. engineering
b. practical
c. important
d. management
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Chapter VI
Fire Hazards of Specific Industries
Aim
The aim of this chapter is to:
• explain the work process of textile industry along with the types of hazards faced by the industry
• evaluate the process of rubber formation and the hazards in the process
Objectives
The objectives of this chapter are to:
Learning outcome
At the end of this chapter, you will be able to:
• know the fire hazards and loss prevention measures in the textile industry
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6.1 Introduction
An industrial fire is a type of industrial disaster involving a conflagration which occurs in an industrial setting. They
are most likely to occur in facilities where there is a lot of flammable material present. Such material can include
petroleum, petroleum products such as petrochemicals, or natural gas. Processing flammable materials such as
hydrocarbons in units at high temperature and/or high pressure makes the hazards more severe. Facilities with such
combustible material include oil refineries, tank farms (oil depots), natural gas processing plants, and chemical plants,
particularly petrochemical plants. Such facilities often have their own fire departments for fire fighting. Sometimes
large amounts of dust or powder are vulnerable to combustion and their ignition can cause dust explosions. Severe
industrial fires have involved multiple injuries, loss of life, costly financial loss, and/or damage to the surrounding
community or environment.
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colour. The volatile material must be driven off the cloth before passing it through a curing machine. After the
curing process, the finished fabric is folded, bundled and baled for marketing.
Humidification plants
The processing of cotton and staple fibres requires the control of temperature and relative humidity in textile mills.
Humidification plants are needed to give artificial humidity which is very necessary for man-made and cotton fibres.
There are three different methods of providing humidity mostly followed by textile mills, namely:
• central station plant or carrier plant
• unit type and
• plants with all air system
Cotton warehouses
Fires in cotton warehouses may be caused due to the following reasons:
• Sparks caused at the time of stacking bales, if the iron hoops collide with each other.
• Due to inadequate ventilation and improper stacking of bales in the vicinity of electrical wiring.
• Human negligence – such as throwing cigarette butts.
• Prismatic effect of North-light roofing.
• Fires in cotton warehouses are almost spontaneous and take everybody unawares.
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• The warehouse should be located at least 6 metres away from the other buildings
• Main control switches for electrical installations should be kept outside the building
Fluff
• Fluff is the worst enemy of the textile industry. In textile mills, fluff exists almost in all departments and especially
more in mills with coarse and medium counts.
• The most preventive measure to avoid the risk of fire due to fluff is to maintain a high order of
housekeeping inside the departments. Fluff from the departments should be removed once a week.
Jute increases in volume rapidly with the absorption of water and decomposes when in contact with water for long
periods, releasing methane. As the reaction is exothermic, considerable heat is generated. If the moisture content
of jute is more than 17%, the fibre is susceptible to bacterial damage. Jute risks can be distinctly divided into two
classes, the assorting, pressing premises, commonly known as Jute Press and Jute Mills.
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press or by the power driven hydraulic press.
Hazards
• Jute is highly combustible, especially in the loose form; it gives off a considerable amount of fly and dust during
handling. These materials, being very light, are carried by air and deposited on structural framework. They also
settle on the floor.
• Even a very small source of ignition can create a fire because of the hazardous nature of the fibres. Fires in jute
press premises usually take place in the assorting sections of the warehouses and sometimes in the pucca bale
warehouses. But incidences of fires are much less in the press house itself, as compared to warehouses.
• Poor housekeeping in jute press premises is also one of the main factors for fire losses. Sometimes, jute as also
other materials is stored outside the warehouse in the open. Because of the fluffy nature of the jute fibre, fire
spreads very quickly along the surface of the jute bales.
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Processes
Bale Opening
Batching and
Softening
Carding
Drawing
Roving/Spinning
Watse recovery
(dust shaker)
Winding
Beaming and
dressing
Weaving
Finishing
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Fire Hazards and Loss Prevention Measures
Manufacturing departments
• Jute is the main raw material processed in jute mills which in any form, being of a combustible fibrous nature,
is a swift fire carrier and fire therefore is an ever present hazard.
• Thus, because of the very nature of jute fibre both the “initiating” and “contributory” fire hazards in the industry
are high. Waste is the most important factor which is responsible for many large fire losses in jute mills.
• The lighter waste which is known as “Fluff” is the most dangerous in this regard. In jute mills, fluff exists
almost in all the sections.
• Even a small spark due to friction or an electrical fault is sufficient for the fire to spread across the fluff covered
surface. As the fluff burns, it drops and ignites the stocks on the floor.
• Waste is produced in the mills continuously and such waste is normally reprocessed by treating it mainly in
dust shaker machines. The so called waste is created by various means.
• Removal and collection of this waste efficiently is related to the standard of housekeeping. Where sweeping is not
practicable, the most satisfactory method of removing overhead waste is to blow it down by jets of compressed
air. Since the fibres are clinging virtually in felt form to one another, the felt falls readily to the floor.
• The incidence of fire arising out of the use of jute cards is reported. The basic reason for this is that the jute
at the beginning of the carding process was dirty and a small stone or iron particle going through the machine
could strike a fire.
• Fire hazards in the carding department are also caused due to the friction between metallic belts and the pulley.
Also electric sparks due to a broken or faulty starter or switch may give rise to a fire.
• The normal dressing process is not a hazardous one because only moderate heat is required. Weaving is not that
hazardous and fire arises only because of mechanical defects in the machinery.
• The processes subsequent to spinning are not so hazardous as a finer substance is handled in these operations
and also because the yarn does not have the light open fluffy state of jute which instantly ignites in contact with
the smallest spark or a small source of ignition.
• Tramp metals in the machines or overheating of bearings are common causes of outbreak of fires in spinning and
weaving. There are a number of steps which may be taken to minimise the incidence of fires in manufacturing
departments in a jute mill. The following guidelines should be implemented in respect to the process equipments
in order to prevent fires:
All softeners, cards, drawing frames and dust shakers should be cleaned at least twice a week and all other
equipment at least once a week.
Waste emulsion drains of softeners should be regularly cleaned to prevent choking.
The required clearance is to be maintained so that rollers or cylinders on cards do not jam.
Lubrication of each machine should be done according to a planned schedule.
The bearing temperature must be periodically checked. Every machine should be stopped and attended to
if the bearing shows signs of overheating.
• The following procedure should be adopted in respect of electrical installations and equipment:
Report all damaged cables and electrical equipment and ensure their early repair.
Insist on periodic checking of all motors for signs of overheating.
Ensure that all electrical equipment are of metal clad construction, dust tight and of adequate capacity.
Arrange for periodical cleaning of switchboards, panels, switches, controllers and starters.
Clean the under floor cable trenches at least once a month or more frequently if necessary.
Ensure that lighting wiring is of iron conduits or cables.
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The following loss prevention measures should be implemented for loss control:
Designing of sprinkler systems capable of dealing with high piled storages.
The water damages due to the indiscriminate use of water jets, however, are more important. Such damages
may be appreciably reduced if it is made easier for the fire services personnel to locate the site of fire and
enter the warehouse.
Synthetic rubber is hydrocarbon based and is manufactured in hydrocarbon processing plants. Styrene Butadiene
Rubber (SBR), Poly Butadiene Rubber (PBR), Neoprene, Butyl and so on, is the different types of synthetic rubber.
The industry is dominated by tyre manufacture with some 65% of natural rubber produced going into tyre and
associated products. The rest of the rubber product is absorbed over a wide range of industrial products.
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6.4.1 Manufacturing Process of Rubber
Processing of
Latex into Rubber
• Preparation of rubber
Processes in Composition
Rubber Works
• Forming the articles
• Vulcanising them
Cracking
Compounding
Masticating
Calendaring
Extruding
Moulding
Cementing
Dripping
Spreading
Vulcanisation
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Process
• Preparation of fibre suspension: pulps are water slurried to mechanical disintegrators of various designs.
These usually consist of rotating drums with knife attachments or rotating stationary disks to produce viscose
shear. Such operations are called beating and refining. Fillers are added to the slurry to increase brightness,
flexibility, softness and so on.
• Formation of paper: Paper machines are complex and expensive, usually specially designed for each installation.
The two types commonly used are the foundrinier machine and the cylinder machine.
• Foundrinier machine: The machine exceeds 300 inches (25ft) in width and is up to hundreds of feet in length.
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Conversion of the fibre suspension into paper incorporates the following three principal steps
Forming the wet web
Pressing the wet sheet
Drying the sheet
• Cylinder machine: In the cylinder machine, screened pulp is formed into a uniform layer on the wire-cloth
surface of a cylinder mould that revolves, partially submerged in a vat of thin paper stock. Suction within the
cylinder mould attracts the fibres to the wire. As the cylinder revolves, water drains to the mould interior. The
pulp sheet is removed from the cylinder by an endless felt and is carried by the felt through a series of squeeze
and drier rolls in the same manner as in the Foundrinier machine.
Over one million different organic compounds and about 30,000 inorganic products are produced in chemical plants
today. About another three million chemicals are listed. The available information on chemicals states that roughly
2500 chemicals are hazardous and 1700 are extra hazardous.
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Fire hazards of chemicals: When assessing the possible fire hazard of a chemical process, it is necessary to carefully
evaluate the hazards associated with different types of chemicals used. The hazards associated with different types
of chemicals are as under:
• Explosives: These chemicals under certain conditions of chemical action, temperature, shock, can decompose
rapidly with explosive violence causing fires and explosion. Examples: TNT, Nitro-glycerine, Nitrates and so
on.
• Flammable chemicals: Practically all organic chemicals are flammable. With flammable liquids, the relative
hazard increases as the flash point decreases. Chemicals having a flash point below 32 degree C are most
hazardous. The propagation of fires in flammable solids is comparatively slower than in liquids. Gas vapour or
dust fires propagate so rapidly that they are often accompanied by explosion. Examples: Methanol, Ethylene
oxide, Benzene and so on.
• Oxidising agents: These chemicals are a source of supply of oxygen and can supply oxygen even in the absence
of air. Therefore, these materials are a potential fire risk. Examples: Concentrated acids, Peroxides, Nitrates,
Per-chlorates and so on.
Unit operations
Unit operations are those where only physical changes are taking place. Operations such as distillation, heat transfer,
size reduction (grinding or pulverisation), mixing and blending , mass transfer, drying and evaporation, momentum
transfer (pumps, compressors and so on) and phase separation are a few examples of unit operations.
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the dryer, which may result in fire or explosion. Spray dryers are subject to the possibility of a dust explosion
if the material being dried is combustible.
• Evaporation and crystallisation: Evaporators can be fouled, like heat exchange by scale formation, which
must be removed at regular intervals. Crystallisers are normally like agitated vessels, cooled by chilled water
or brine. Agglomerates of crystals can also deposit on the valves, reducing the cooling efficiency.
• Momentum transfer: In the chemical industry, pumps are used very frequently. Problems with pumps arise
from corrosion, cavitation, water hammer etc. The Waterhammer is caused if water is flowing in a pipe and it
is suddenly stopped, releasing a lot of kinetic energy. Cavitation is caused, if the pressure of the fluid around
the impeller of the pump falls below its vapour pressure.
• Phase separation: This includes filtration, centrifugation, screening or sedimentation. Care should be taken to
avoid fires or excessive exposure of personnel to toxic materials. A centrifuge rotates at a very high speed and
a mechanical fault leading to a spark can cause ignition. If there is an explosion hazard, the centrifuge should
be blanketed with an inert gas, such as nitrogen.
Unit processes
Unit processes are those where chemical changes take place due to chemical reactions. Many chemical reactions
are exothermic i.e., accompanied by the liberation of heat.
Endothermic reactions such as cracking etc. are less hazardous. The hazard posed by exothermic reactions depends
on the amount of heat liberated per unit of material during the reaction.
The hazards of a few unit processes are enumerated below:
• Sulphonation: Sulphonation is done with concentrated sulphuric acid, oleum, stabilised sulphur trioxide or
chlorosulphonic acid. These agents are very corrosive by themselves to human exposure. If they come in contact
with water, there is a violent reaction producing a lot of heat and fumes. It is therefore necessary that reactors
(generally of cast iron) are of sound construction and are tested for punctures in walls.
• Nitration: Nitration is done with dilute or concentrated nitric acid or mixed acid or acetyl nitrate. Nitric acid
is very corrosive and causes serious burns of skin. Nitration of some compounds is accompanied by intense
heat evolution and if proper temperature is not maintained and if the rate of additions are not controlled, the
temperature may shoot up which may lead to explosions in heat sensitive materials.
• Amination: Amination with ammonia is done under very high pressure and for safety, the autoclave must be
checked at intervals and safety valves and rupture discs more often to avoid failures due to pressure build up.
• Hydrogenation: Hydrogenation is an exothermic process and there is a possibility of hydrogen build up and
consequent explosion in the reactor.
Composition of petroleum
• Petroleum usually consists of a mixture of several hydrocarbons with a different number of carbon atoms.
• The mixture of hydrocarbons can be classified as Paraffins (i.e., straight chain compounds), Cyclic compounds
like Cyclohexane, Cyclopentane and so on and Aromatics (i.e., ring compounds like Benzene, Toluene, Xylene
and so on).
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• Usually, several distillation columns are arranged in series, operating at different pressures. In these columns,
several million tonnes of crude oil are separated into ‘fractions’ or ‘cuts’ i.e., the products which have similar
boiling points.
From the fire and explosion hazard point of view, a hydrocarbon processing plant/ complex can be divided broadly
into five identifiable areas as under:
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• Reactions such as hydrogenation, sulphonation, esterification, isomerisation and so on
• Alkylation, condensation, oxidation by air or oxygen, polymerisation and so on
• Halogenation
• Oxidation using chlorates, permanganates, inorganic peroxides and so on
• Nitration
The hazard posed by reactivity is further aggravated by severe pressure and temperature conditions as well as material
factors of various materials handled.
Compressors: Compressors are used to compress huge quantities of hydrocarbon gases. The compressors should
be located downward and sufficiently far away from heaters. The operational hazards of compressors can be listed
as under:
• An internal explosion is possible if air is drawn into the system through leakages in packing glands, fittings
etc.
• Gas may also escape because of human failure or equipment rupture by over pressure.
• Inadequate lubrication leading to operational failure.
Pumps: pumps are required to render the service of transporting hydrocarbons round the clock and for years together.
This necessitates preventive measures and adequate maintenance of pumps which otherwise pose the following
hazards:
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Piping: Piping for a hydrocarbon processing industry is what blood vessels are for a human body. All the equipment
is interconnected by piping in an integrated process unit. Critical piping circuits such as transfer lines from fired
heaters, condensing vapour lines etc. need to be identified and have adequate space provided. The hold-ups of
hydrocarbons in piping therefore cannot be neglected and nor can the hazards associated with piping be ignored.
Some of the hazards are as follows:
• Choking of pipelines leading to heat and material build-up in a particular section of the process units which in
turn will lead to fire and explosion.
• Leakages in the piping system at hazardous locations, untraceable leakages and leakages at inaccessible locations
in the complex piping network may lead to vapour cloud formation and accumulation of flammable liquids and
vapours in the form of pockets at particular locations in the plants. Ignition of this unconfined vapour cloud
would pose the severest fire and explosion hazard.
• A majority of the hydrocarbon fluids when flowing through pipes can build up large static electricity potentials.
If not adequately earthed, the accumulations of static electricity charges round the clock in the piping systems
may lead to disastrous fires and explosions.
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Summary
• The causes which mainly contribute to fire hazards in various departments or warehouses of a textile mill:
mechanical friction, fluff, electrical short circuit, electrostatic charge, bad housekeeping, human negligence,
improper stacking and storage, faulty construction and use of flammable materials like petrol, gas, kerosene
and so on
• Few other hazards faced by textile industry are: the conspicuous hazard arises in the return air system where all
the dirt and fluff will be sucked in a humidification plant, the thermic fluid and heaters may lead to overheating
and leakage which may result into big explosions and fires
• The Indian Jute Industry is one of the major industries in our country employing millions of people and earning
cores of rupees by way of foreign exchange. The principal constituents of Jute fibre are Alpha Cellulose (60%),
Semi- Cellulose (approx. 25%), Lignine (approx. 11%).
• Jute increases in volume rapidly with the absorption of water and decomposes when in contact with water for
long periods, releasing methane. Jute risks can be distinctly divided into two classes, the assorting, pressing
premises, commonly known as jute press and jute mills
• Fires in jute press premises usually take place in the assorting sections of the warehouses and sometimes in
the pucca bale warehouses. But incidences of fires are much less in the press house itself, as compared to
warehouses.
• Jute is the main raw material processed in jute mills which in any form, being of a combustible fibrous nature,
is a swift fire carrier and fire therefore is an ever present hazard.
• The rubber industry is dominated by tyre manufacture with some 65% of natural rubber produced going into
tyre and associated products. The rest of the rubber product is absorbed over a wide range of industrial products.
Rubber is classified into natural rubber and synthetic rubber.
• The principal hazard in the paper industry is from the presence of combustible material at various stages i.e.,
raw material, manufacture and the finished product stage.
• The hydrocarbon processing industry is generally of a gigantic size as compared to the normal chemical industry.
The industry is susceptible to the risk of catastrophic financial losses because of the: enormous concentration
of capital investment, magnitude of earnings and inherent fire and explosion hazards of hydrocarbon processes
and products.
References
• Industrialfirefight, 2011. Industrial Fire Brigades: Tank Hazard Control from Action Training Systems [Video
Online] Available at: <http://www.youtube.com/watch?v=4RR6dw_hO2M> [Accessed 14 June 2011].
• Industrialfirefight, 2011. Industrial Fire Brigades: Ventilation Procedures from Action Training Systems [Video
Online] Available at: <http://www.youtube.com/watch?v=3rz_gKTVoe8> [Accessed 14 June 2011].
• Kumar, A. & Rohit, 2011. Industrial hazards due to fire accidents, mechanical and electrical equipments,
chemicals and pharmaceuticals [Online] Available at: <http://www.scribd.com/doc/47446597/INDUSTRIAL-
HAZARDS-DUE-TO-FIRE-ACCIDENTS-MECHANICAL> [Accessed 14 June 2011].
• Types of major chemical/industrial hazards – Fire [Online] Available at: <http://www.ekdrm.net/e5783/e17327/
e27015/e27713/> [Accessed 14 June 2011].
Recommended Reading
• National Fire Protection Association, 1990. Industrial Fire Hazards Handbook, 3rd ed., NFPA.
• Cheremisinoff, N., 1999. Fire and Explosion Hazards Handbook of Industrial Chemicals, William Andrew.
• Thomson, N., 2007. Controlling Fire Hazards, NGT Publishing Limited.
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Self Assessment
1. The process of stretching a cotton or synthetic staple fibre into a yarn is known as __________.
a. weaving
b. spinning
c. processing
d. polymerisation
4. Hydrogenation is a/an __________ process and there is a possibility of hydrogen build up and consequent
explosion in the reactor.
a. exothermic
b. electrical
c. chemical
d. mechanical
6. Which of these chemicals are a source of supply of oxygen and can supply oxygen even in the absence of
air?
a. oxidising agents
b. flammable chemicals
c. explosives
d. nitration
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8. Jute increases in volume rapidly with the absorption of water and decomposes when in contact with water for
long periods, releasing ______________.
a. oxygen
b. nitrogen
c. methane
d. ethane
10. Paper production requires a disintegration of the bulky fibrous material to small agglomerate fibres and this
process is known as _________.
a. polymerisation
b. spinning
c. pulping
d. oxidising
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Chapter VII
Fire Insurance Claim and Settlement
Aim
The aim of this chapter is to:
Objectives
The objectives of this chapter are to:
Learning outcome
At the end of this chapter, you will be able to:
• identify the types of properties that are covered under the claim
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7.1 Legal Aspects of Fire insurance Claim
The processing and settlement of claims requires a sound knowledge of:
• the general and special law of contract
• the terms , exceptions and conditions of
the fire and special perils policy
the extensions of the policy
the special policies and clauses
Onus of proof
• Where the loss is caused by an insured peril e.g., fire, the onus of proving that the loss was so caused is upon
the insured.
• According to generally recognised rule, the onus of proof is on the insurers that the loss was caused by an
excepted peril.
• However, this onus of proof may be shifted back to the insured by policy conditions. Where a breach of condition
is alleged, the onus of proving it is on the insurers.
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• In the English case Johnstone v. West of Scotland, the court held that the wall which created the damage fell
in consequence of the injury it had sustained by the fire and therefore, although the wall was the instrument of
damage, the fire was the proximate cause.
• In the English case Gaskarth v. Law Union, the wall which was damaged by fire, remained standing for several
days and thereafter was blown down during a violent storm, causing damage to the adjoining property. The Court
held that the proximate cause of the damage done to the adjoining property was not the fire but the storm.
• Thus, losses incurred by the insured to check the progress of a fire or to save property are attributable to the
fire, provided the steps taken are reasonable and bonafide.
• Property may be damaged by water used for the purpose of extinguishing the flames; or houses may be blown
up by the fire brigade to prevent the fire from spreading. In both cases, fire must be regarded as the proximate
cause of the loss.
• Similarly, where the insured removes the property from the building in which the fire is raging for the purpose
of placing the property in safety so as to minimise the loss, any loss caused to such property by reason of such
removal is considered to be a loss by fire.
Excepted perils
• If the loss is proximately caused by an excepted peril, there is no liability under the policy.
Rights of insurers
• Insurers make a complete investigation both into the details of the claim and into the circumstances of the fire
and this require taking over and keeping possession of the salvage as also the premises until investigation is
complete.
• These rights are all the more necessary as not all claimants are honest. Hence wider powers are reserved for
insurers under the policy conditions.
• Under the condition, the insurers on the happening of loss have certain rights. The condition also provides that
no claim under the policy shall be payable if the provisions of this condition have not been complied with.
• If some property is saved from loss i.e., salvage, the value of such salvage is deducted from the amount of the
claim.
Warranties
• A warranty is an undertaking by the insured that:
Some particular thing shall or shall not be done or
That some condition shall be fulfilled or
Whereby he affirms or negates the existence of a particular state of facts.
• In non-insurance commercial law, a warranty is only a stipulation, breach of which does not go to the root of
the contract but merely gives rise to damages.
• In insurance law, a warranty is a condition precedent and must be complied with literally if the insured wishes
to recover his claim.
• Warranties have to be distinguished from representation. A representation must be substantially true and should
be made in good faith. A misrepresentation will avoid the contract only if it is material.
• Although, insurers are entitled to avoid a claim if there is breach of warranty. Insurers will usually waive a
breach of warranty if it is merely of a technical nature and does not contribute to or aggravate the loss.
• In such circumstances, claims are treated as non-standard claims and settled for a lesser amount say up to 75%
of the loss.
Ex-gratia payments
• These are claims which are paid as a matter of grace where the loss is outside the scope of the policy or the
liability under the policy.
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• In strict legal terms, is doubtful. Whenever ex-gratia payments are effected, it is the practice not to pay the full
amount of the loss and such claims are paid ‘without precedent’. Three other features of ex-gratia payments
must be noted:
Subrogation rights do not arise
The Reinsurer will automatically follow the action of the ceding Company
The right to make ex-gratia payments is vested in the Board of Directors of the Companies.
Without prejudice
• The words have the effect of leaving open the question of ultimate liability under the policy. For example, the
following actions taken by the insurer are without prejudice to their right to deny liability if they are legally
entitled to do so:
Issuance of a claim form
Receipt of documents relative to the cause of loss or amount of loss
Conduct of survey and investigation to determine the cause and amount of loss and so on.
The policy will pay the sum insured or market value whichever is less, in case of total loss; the condition of average
will apply for partial loss/damage. Value may be defined as the worth of anything in terms of something else for
which it can be exchanged either in other goods or in money.
Insurance is concerned with the actual, real or intrinsic value of the property. The term ‘Market Value’ in insurance
practice has different meanings in different situations but the objective in all cases is to give effect to the principle of
indemnity in a practical manner. The basis adopted must enable the insured to recover the real value of the property
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involved in the loss. Within the frame- work of the policy terms and conditions, the insurer attempts to provide a
fair indemnity to the insured.
Machinery
Contract Price
Types Household
goods and
Buildings of personal
properties effects
Buildings
• In respect of buildings, indemnity is provided on the basis of cost of reinstatement or reconstruction of the
building.
• This cost is determined with reference to the cost of labour and materials at the time and place of the loss plus
other professional and incidental charges.
• However, the new structure will be better than the old one. Therefore, deduction for depreciation on the cost
of material is made.
• The factor of depreciation is important in the assessment of building losses, especially if old structures are
involved.
• The causes of deterioration in building materials are decay, corrosion, metal fatigue, wear and tear and so on.
Machinery
• If the machinery damaged is relatively new, the cost of replacement less depreciation is not difficult to decide.
Complications could arise where:
i. The machinery, although old, still performs well for the purpose for which it was designed, or
ii. The machinery destroyed is old and out of date in industries where the rates of obsolescence and
technological improvement are high.
• In the case of (i) above, indemnity is the provision of new machinery which will perform similar functions,
subject to deductions for depreciation and the insured’s contribution towards betterments.
• Situations under (ii) above are more difficult. Hence, the practice for such obsolete machinery is agreed value
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insurance based on average usage, future life span and utility and so on. In either case, a fair basis of settlement
would be the cost of replacement less depreciation and allowance for any betterment if any.
• Where machinery is to be replaced, the insurers are liable for the cost of transporting the new machinery to the
site and the costs of erection or installation, if applicable.
• Wear and tear, rust, corrosion and metal fatigue are the common causes of deterioration in machinery. Some
machines have an extremely limited life because new and more efficient machines are continuously available.
The use to which the machinery is put influences its depreciation.
• Machinery which is operated for three shifts will have greater wear and tear than the machinery operated only
for one shift. Electrical installation is subjected to a greater wear and tear than other plant and equipment.
• Boilers, pipes, pumps and similar items of a plant suffer from rusting or corrosion. Machine parts which are
subject to constant stress may develop metal fatigue.
Stock in trade
• The market value at the time and place of the loss will be provided as indemnity. The basis for settlement would
be the cost of replacement and not the price at which they would be sold.
• To the invoice price is added the cost of transporting the goods to the place of loss but credit must be given for
any trade or cash discount or other concession enjoyed by the insured in the normal course of his business.
Manufacturer’ s stocks
The stocks at the manufacturer’s premises may consist of:
• Raw material: Indemnity is represented by the landed cost at which such material is available at the place of
fire.
• Stock in process: The basis for settlement would be the cost of raw materials consumed up to the time of the
fire and all direct labour costs and overheads for processing up to that stage. Thus, the costs of processes yet to
be incurred are excluded.
• Finished goods: The traditional view holds that indemnity is represented by the net manufacturing cost at the
time of fire, that is to say, the manufacturer’s ex-factory price less his net profits. Simply, it means that the
indemnity should be confined to the cost of raw materials and direct and indirect costs of production, i.e., the
cost price to the manufacturer.
Thus, it will be obvious that unearned or anticipated or prospective profits are not included in whatever basis of
valuation that is taken in respect of stocks, whether belonging to the retailer, wholesaler or manufacturer.
Contract price
• Insurance of imported goods which are sold under a contract which is cancelled either wholly or to the extent
of loss or damage is subject to the contract price clause and the indemnity is based on contract price.
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• Where the goods are a total loss, the cost of replacement less deduction for depreciation is an adequate basis
for indemnity.
• If such property is damaged, the cost of repairs less deduction for depreciation on the value of parts replaced
will be the basis for indemnity.
Salvage
Pro-rata
average Excess
Important
terms
Escalation
Subrogation clause
Contribution
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7.2 Procedural Aspects in Fire Claims
• On receipt of claim intimation the first step is to verify that:
The policy is in force.
The peril which has operated is covered under the policy.
The items of properties affected and the location involved are the same as covered in the policy.
The interest involved is the same as referred to in the policy.
• Thereafter the claim is registered and a claim number allotted. After registration of the claim, a claim form is
issued to the insured for completion and return.
• If the loss is more than Rupees 20000/-, a licensed surveyor is assigned the survey job for assessing the loss.
The surveyor is furnished with a copy of the claim form, copy of the policy and other relevant information.
• The basic duty of the surveyor is to investigate and report the cause of loss, extent of loss and compliance with
the terms and conditions of the policy.
• In very large losses, the insured desires and the surveyors recommend payment of ‘on account settlements’.
This course of action is taken where the liability under the policy is not in doubt and the preparation of the final
survey report will take time for various reasons.
• After completing the initial investigation, the surveyor will submit a preliminary report which would indicate
briefly:
the date of loss
the cause of the loss
a preliminary estimate of the loss or damage
• Thereafter, a final report is submitted giving full details of the adjustment of the loss and the surveyor’s opinion
on the question of liability under the policy.
• This final report is scrutinised along with other documents and if everything is in order, a discharge voucher is
sent to the insured for his signature and return, on receipt of which a cheque in settlement is sent.
• For small losses, the preliminary or interim report is not required and the claim will be settled on the basis of
the final survey report.
• As per condition 15 of the fire policy, the insurance cover is maintained to the full extent of the sum insured.
• However, in case the insured immediately on occurrence of the loss exercises his option not to reinstate the sum
insured, the sum insured shall stand reduced by the amount of loss.
• When the insurance is on a co-insurance basis, the surveyor is appointed by the leading insurer.
• The leading insurer settles the entire claim and recovers the expenses and proportionate shares of the loss from
the co-insurers.
• The claims which are paid will be reflected in the accounts which are prepared at the time of closing. In addition
to known outstanding claims, there may be losses which have occurred but not intimated to the insurers.
• A certain ad-hoc percentage of the known outstanding claims are provided for what are called I.B.N.R. claims
(incurred but not reported claims).
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Assessment of loss
• The other important function of a survey job is to determine the value of the property covered by insurance and
the amount of loss that it has suffered.
• The condition of the property provides some evidence of value and the amount of loss.
• Another reliable evidence of value is provided by records which may show quantities, costs, age, history or
condition.
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• Where the machinery is of a complicated type or the damage is extensive, the loss assessment procedure becomes
more elaborate. In complicated machinery, components may have to be sent for repairs to manufacturers.
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Summary
• The processing and settlement of claims requires a sound knowledge of: the general and special law of contract
and the terms, exceptions and conditions of
• It is the duty of the insured to observe good faith not only at the pre-insurance stage but also during the currency
of the policy and especially after the occurrence of a loss. The insured has to act as if uninsured.
• Onus of proof: Where the loss is caused by an insured peril e.g., fire; the onus of proving that the loss was so
caused is upon the insured.
• The classic definition of proximate cause is: the active efficient cause that sets in motion a train of events,
which brings about a result and without the intervention of any force started and working actively from new
and independent sources.
• Insurers make a complete investigation both, into the details of the claim and into the circumstances of the fire
and this require taking over and keeping possession of the salvage as also the premises until investigation is
complete.
• In non-insurance commercial law, a warranty is only a stipulation, breach of which does not go to the root of
the contract but merely gives rise to damages. In insurance law, a warranty is a condition precedent and must
be complied with literally if the insured wishes to recover his claim.
• Ex-gratia payments: these are claims which are paid as a matter of grace where the loss is outside the scope of
the policy or the liability under the policy.
• Rules of interpretation of policies: “The intention of the parties to the contract must prevail and the intention is
to be looked for in the policy itself, read as a whole”.
• A contract of fire insurance is a contract of indemnity. The insurers undertake, by the payment of a sum of money,
as nearly as possible, to place the insured in the same position as he was immediately before the fire.
• The types of properties which are covered under the fire insurance claim are: buildings, machinery, stock in
trade, contract price, household goods and personal effects, manufacturer’s stocks and furniture, fixtures and
fittings.
• The surveyor’s primary duties are: to investigate into the cause of loss, to ascertain the extent of loss, to advise
the insured on loss minimisation measures and the protection of salvage, to advise the insurers on the disposal
of salvage, to submit a detailed report on the above and other aspects relating to the loss.
References
• Rogers, D., 2011. Tips on Fire Insurance Claims [Online] Available at: <http://ezinearticles.com/?Tips-on-Fire-
Insurance-Claims&id=1175332> [Accessed 15 June 2011].
• Wilson, S., 2011. Fire insurance claims guide [Online] Available at: <http://www.pushormitchell.com/files/
articles/Fire-Insurance-Claims-Guide.pdf> [Accessed 15 June 2011].
• Talandassociates, 2010. Fire damage - insurance claim help [Video online]. Available at: <http://www.youtube.
com/watch?v=ZMoYhvX8Q5w> [Accessed 15 June 2011].
• jbrennan1069, 2010. Tips to filing fire insurance claims [Video online] Available at: <http://www.youtube.com/
watch?v=lbaZk5JlvuM> [Accessed 15 June 2011].
Recommended Reading
• Peverett, E., 1997. Fire insurance law and claims, 2nd ed., Witherby & Co Ltd.
• Smith, G., 1998. The adjuster! Making insurance claims pay, 2nd ed., Cargo Publishing Company.
• Longcore, R., 2007. Insurance Claim Secrets REVEALED! Trafford Publishing.
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Self Assessment
1. The loss on damaged machines or equipment is assessed on the basis of the cost of repair with deduction for
_________.
a. depreciation
b. appreciation
c. loss
d. claim
2. The market value at the time and place of the loss will be provided as indemnity for _________.
a. furniture
b. stocks
c. buildings
d. raw material
5. The leading insurer settles the entire claim and recovers the expenses and proportionate shares of the loss from
the ___________.
a. insurance company
b. co-insurers
c. market
d. third party
6. According to generally a recognised rule, the onus of proof is on the insurers that the loss was caused by an
excepted _______.
a. damage
b. loss
c. peril
d. hazard
7. ________may be defined as the worth of anything in terms of something else for which it can be exchanged
either in other goods or in money.
a. Value
b. Loss
c. Damage
d. Hazard
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9. The condition provides that in case of more than one policy on the same subject matter each insurer will pay
his ________proportion of the loss.
a. rateable
b. average
c. percentage
d. actual
10. The factor of _________is important in the assessment of building losses, especially if old structures are
involved.
a. claim
b. depreciation
c. insurance
d. policy
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Chapter VIII
Fire Consequential Loss Insurance
Aim
The aim of this chapter is to:
Objectives
The objectives of this chapter are to:
Learning outcome
At the end of this chapter, you will be able to:
• discuss some important terms like insured standing charges, net profit, gross profit and so on
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Fire Insurance
Increased
Standing
Net profit cost of
charges
working
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• In the above example, the rate of gross profit of 30% is applied to the reduction in turnover of Rs.25, 00,000/-
which produces Rs.7, 50,000/- (loss in gross profit) which will be the measure of indemnity for a one year
indemnity period.
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Net profit
• The net trading profit resulting from the business of the insured at the premises after due provision has been made
for all standing and other charges including depreciation but before the deduction of any taxation chargeable
on profits.
• The net profit is that which remains after all costs of production and charges incurred in running the business
have been met.
Gross profit
• This is the net profit added to the amount of the insured standing charges.
• If there is no net profit, the amount of the insured standing charges less. Such a proportion of the net trading
loss as the amount of the insured standing charges bears to all the standing charges of the business will be the
basis of indemnity.
For example:
Turnover Rs. 10, 00,000
Production cost (60%) Rs. 6,00,000
Standing charges Rs. 5,00,000
Net Trading Loss Rs. 1,00,000
Insured Standing Charges Rs. 4,00,000
Standing Charges not insured Rs. 1,00,000
Gross Profit, in terms of the policy definition is Rs. 4,00,000
A proportion of the net trading loss as the amount of the insured standing charges bears to all the standing charges
of the business =
= Rs. 80,000
Total Gross Profit for the purpose of the policy is Rs. 3, 20,000
(Rs.4, 00,000 – 80,000 = Rs. 3, 20,000)
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Turnover
• It is the money paid or payable to the insured for goods sold and delivered and for services rendered in course
of the business at the premises.
• In other words, it is the insured’s income from trading including services rendered.
Indemnity period
• The period beginning with the occurrence of the damage and ending not later than number of months thereafter
during which the results of the business shall be affected in consequence of the damage.
• The maximum period stated in the specification is not necessarily the indemnity period. As soon as the business
has ceased to be affected by the damage, which may be after a very much shorter period than the maximum,
the effects on the turnover should be ascertained and the claim finalised.
Annual turnover
This is the turnover during the twelve months immediately before the date of the damage.
Standard turnover
• This is the turnover during those months/days of the preceding accounting year which corresponds with the
actual indemnity period during which the business was interrupted due to the operation of the insured peril.
• Hence, if a fire occurs on 1st January and the business is affected during the following three months, January
to March, then in ascertaining the shortage in turnover, the figures for those months are compared with January
to March in the preceding year.
• It is considered that this gives a fair basis of comparison. The standard turnover must be calculated subject to
the provisions of the “Adjustment Clause.”
Adjustment clause
• The adjustment clause as noted already is bracketed against the rate of gross profit, annual turnover and standard
turnover, all of which are the essential factors in calculating the loss.
• By means of this clause, adjustments may be made to the pre-fire figures used to calculate the loss, if by means
of those adjustments it is evident that something approaching true indemnity will be attained.
• The main criterion here is the trend of the business. The trend, either upward or downward must be taken into
account while arriving at the rate of gross profit.
Reduction
in turnover
Loss of
gross profit
Increase in
cost of
working
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• Reduction in turnover and the amount payable as indemnity there under shall be the sum produced by applying
the rate of gross profit to the amount by which the turnover during the indemnity period shall, in consequence
of the damage, fall short of the standard turnover.
• Increase in cost of working and the amount payable as indemnity there under shall be the additional expenditure
(Subject to the provisions of Memo 2) necessarily and reasonably incurred for the sole purpose of avoiding
or diminishing the reduction in turnover which, but for that expenditure would have taken place during the
Indemnity period in consequence of the damage, but not exceeding the sum produced by applying the rate of
gross profit to the amount of the reduction thereby avoided.
Less any sum saved during the indemnity period in respect of such of the insured standing charges as
may cease or be reduced in consequence of the damage.
Memo 1: If during the indemnity period goods shall be sold or services shall be rendered elsewhere than
at the premises for the benefit of the business either by the insured or by others on his behalf, the money
paid or payable in respect of such sales or services shall be brought into account in arriving at the turnover
during the indemnity period.
Memo 2: If any standing charges of the business be not insured by this policy then in computing the amount
recoverable hereunder as increase in cost of working only that proportion of the additional expenditure
shall be brought into account which the sum of the net profit and the insured standing charges bears to the
sum of the net profit and all the standing charges. How the claim amount is computed will be clear from
the following illustration.
Illustration:
Gross profit insured for Rs. 3, 00,000
Period of Indemnity 12 months
Standard Turnover Rs. 10, 00,000
Turnover during the period of interruption Rs. 4, 00,000
Increased cost of working Rs. 70,000
Reduction in turnover saved by above cost Rs. 3,00,000
Gross profit during the previous financial year Rs. 3,00,000
Turnover during the previous financial year Rs. 12,00,000
Annual Turnover Rs. 16,00,000
Reduction in turnover
• Step 1: The rate of gross profit is ascertained as follows:
• Step 2: The shortfall in turnover is ascertained as follows:
0Less 10,00,000 - 4,00,000 = 6,00,000
• Step 3: The rate of gross profit is applied to the shortfall in turnover arrived at the Indemnity (25% of 6,00,000
= 1,50,000 ).
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25% of 16, 00,000 = 4, 00,000
Note: It is assumed that all standing charges were insured. Hence, under insurance and “average”, which is applicable
to such charges separately, have not been included. Similarly it is assumed that no standing charges were saved as
a result of the damage.
In the system of rating, the basis adopted is the full average fire rate on the contents of the process blocks of the
premises, which reflect the material hazards considered from the view point of the fire insurers and variation is
made for the degree of the interruption hazard which is reflected in the length of the maximum indemnity period
selected by the insured.
Basic rate
• The basic rate will not be less than the full ‘Average Fire Rate’ of the items covering the contents of the process
blocks of the premises occupied by the insured for the purpose of the business to which the insurance applies.
• For other business premises, where no manufacturing process is carried on, the basic rate shall be the average
fire rate of the contents of the entire premises.
• The rate for annual insurance shall not be less than the following percentages of the basis rate:
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Period of
Sum to be insured Percentage of Basis Rates
indemnity
Continuous process plant Other than
(excluding petrochemical continuous process
risks) plant
6 months or Equivalent of annual
93.75 75
less gross profit
9 months 112.5 90
12 months 125 100
One and quarter times
15 months 121.875 97.5
the Annual Gross profit
One and a half times
18 months 118.75 95
the Annual Gross Profit
Twice the annual gross
24 months 112.5 90
profit
Two and half times the
30 months 106.25 85
Annual Gross profit
Thrice the Annual
36 months 100 80
Gross Profit
Following are the examples of plants carrying out continuous, automatic or semi automatic processes:
Bakeries and Biscuit Factories
• Battery Service Stations
• Breweries
• Cement Factories
• Chemical Manufacturers
• Detergent Factories
• Distilleries
• Electric Power works
• Ice Factories
• Sugar Factories
• Vegetable Oil Solvent Extraction Plants
• Vegetable Ghee Factories
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8.6 New Business Clause
Profits insurance is sometimes effected on new businesses for which past annual results would not be available
for comparison in case of loss in the first twelve months. This situation is met by the addition of the new business
clause which specifies as follows:
“For the purpose of any claim arising from damage occurring before the completion of the first year’s trading of the
business at the premises, the terms ‘Rate of Gross Profit’ ‘Annual Output/Turnover’ and ‘Standard Output/Turnover’
shall bear the following meaning and not as stated in the policy”
Annual output/turnover: The proportional equivalent During the period between the date of
for a period of twelve months of the output/ turnover commencement of the business and the date
realised of the damage
Standard Output/ Turnover : The proportional During the period between the date of
equivalent for a period equal to the indemnity period of commencement of the business and the date
the output/turnover realised of the damage
Table 8.2 Rate of gross profit earned on the annual and standard turnover
These definitions are subject to the ‘trends, variations and special circumstances’ clauses. After 12 months of trading
have been completed, the normal specification wording operates.
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• Payments on account already made must be repaid in the event of non-compliance with any of the requirements
of the conditions.
• On being advised of the damage, the insurers examine the contract to ensure that the claim falls within the terms
of the cover granted e.g. that the cause of the damage is an insured peril, that the premises where the damage
has occurred and the business carried on in those premises, are as specified in the policy.
• The insurers take steps to furnish the surveyor with all the necessary particulars of the insurance, including a
copy of the policy, to enable him to act on their behalf with the full knowledge of the extent of liability.
• Once it is clear that the liability for the loss attaches to the material damage policy, the surveyor makes certain
that the peril causing the loss is also covered by the LOP policy.
• The surveyor recommends measures for the speedy resumption of the business, making it clear that the increased
cost of working will be payable subject to the policy terms e.g. earning of the turnover by the increased cost
and penalty if all standing charges are not insured.
• The surveyor prepares a preliminary report indicating the extent of the interruption expected, the steps being
taken to minimise the interruption and the amount which in his opinion should be provided in the insurers books
as a reserve against the estimated loss.
• As soon as practicable, the necessary preliminary examination of the accounts of the business is made in order
to ascertain whether all standing charges have been insured and whether the amount insured on the net profit
and insured standing charges basis is adequate for the expectations of the business.
• The surveyor pays periodical visits to the scene of the damage to ensure that all possible steps are being taken
towards the resumption of normal work.
• When it is clear that the business has resumed to its full working capacity, the surveyor takes up detailed
examination of the accounts to prepare the final assessment.
Finally the surveyor has to consider the application of the ‘Trends, Variations and Special Circumstances’ clause to
adjust the rate of gross profit, annual turnover and the standard turnover.
The other procedural aspects such as the payment of claim, reduction of the sum insured and its reinstatement etc.
are the same as under material damage claims.
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Summary
• The subject matter of consequential loss insurance is the business of the insured, i.e., the earning capacity of
the property. Fire insurance affords cover for ‘material damage.’
• The trading losses which result from the stoppage of business may be considered under three headings namely:
net profit, standing charges and increased cost of working
• If turnover is stopped or reduced, profits are affected. Therefore, loss of profits is determined and measured with
reference to the reduction in turnover and this is the basis adopted in profits insurance.
• Turnover in simple terms means ‘Sales’ turnover which consists of the following three elements: variable
charges, standing charges and net profit
• The proportion which the gross profit bears to the turnover during a given period is called the rate of gross
profit
• The net profit is that which remains after all costs of production and charges incurred in running the business
have been met.
• Insured standing charges: these are the charges which the insured considers would continue to be incurred if
his business is affected and hence are selected by him for Insurance purposes.
• Gross profit is the net profit added to the amount of the insured standing charges
• Rate of gross profit is defined as that earned during the financial year immediately before the date of the
damage
• Turnover is the insured’s income from trading including services rendered.
• Standard turnover: this is the turnover during those months/days of the preceding accounting year which
corresponds with the actual indemnity period during which the business was interrupted due to the operation
of the insured peril.
• By means of adjustment clause, adjustments may be made to the pre-fire figures used to calculate the loss, if by
means of those adjustments it is evident that something approaching true indemnity will be attained
• Insurance is limited to the loss of Gross Profit due to: reduction in turnover and increase in cost of working
• The rate of premium for the LOP policy consists of two components: basis rate and percentage for the indemnity
period
References
• iiivideo, 2008. Six Steps to Follow When Filing a Claim: Podcast [Video online] Available at: <http://www.
youtube.com/watch?v=WdXRe1lGQMk&feature=related> [Accessed 20 June 2011].
• QualityClaims, 2009. What Should You Do If Your House Burns - True Story [Video online] Available at: <http://
www.youtube.com/watch?v=YWvKu04NQBE&feature=related> [Accessed 20 June 2011].
• Consequential Loss (Fire) [Online] Available at: <http://www.rahejaqbe.com/Corporate/Commercial-Property/
ConsequentialLoss/Insurance.html> [Accessed 20 June 2011].
• Fire Consequential Loss [Online] Available at: <https://www.maa.com.my/maaas/pages/ProductInfo.
aspx?ProdID=102> [Accessed 20 June 2011].
Recommended Reading
• Oviatt, F. 1904. Fire Insurance, Expenses, Profits, Problems. American Academy of Political and Social
Science.
• McCune, W., 1922. A Fire Insurance Agency for Profit. Revised ed., the rough notes co.
• Ramachandran, G., 1998. The Economics of Fire Protection. Spon Press.
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Self Assessment
1. The standard turnover must be calculated subject to the provisions of the ____________.
a. operative clause
b. adjustment clause
c. reduction clause
d. turnover clause
4. Rate of gross profit is defined as that earned during the financial year immediately before the date of the
________.
a. profit
b. business
c. turnover
d. damage
5. The measure of __________is the sum produced by applying the rate of gross profit to the reduction in turnover
during an agreed period following damage.
a. profit
b. claim
c. indemnity
d. damage
6. The rate of premium for the LOP policy consists of two components namely _________ and percentage for
the indemnity period.
a. basis rate
b. interest rate
c. insurance rate
d. damage rate
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7. The percentages for the shorter indemnity periods are proportionately much higher than for the _________.
a. higher percentages
b. longer periods
c. higher rates
d. higher turnover
8. The _____profit is that which remains after all costs of production and charges incurred in running the business
have been met.
a. net
b. sales
c. gross
d. insurance
10. The indemnity period chosen by the insured may vary from 3 months to ____ years.
a. 2
b. 3
c. 6
d. 10
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Fire Insurance
Case Study I
On April 21, 1993, an arson fire destroyed the Skyview Casino, a privately-owned dance hall in Williamstown,
Vermont. A preliminary investigation by the Vermont State Police identified the owners of record for the building,
Ronald A. McCoy and Rene L. Crete, as possible suspects in the arson. James M. Stacy was also identified as the
“torch” hired by the owners to start the fire. Total loss to the insurance company was $135,000.
ATF originally became involved in the investigation in May 1993 for the sole purpose of assisting the Vermont State
Police with processing and identifying evidence pursuant to an agreement between the ATF National Laboratory
and the Vermont State Police Crime Laboratory.
In October 1995, AUSA Paul Van de Graaf requested that ATF provide additional investigative assistance to the
Vermont State Police in this investigation. In the new investigation, numerous witnesses were interviewed and re-
interviewed, and an additional suspect was developed.
Ronald McCoy and Rene Crete had owned the Skyview Casino for several years prior to the fire. The Casino operated
as a local nightclub, to which customers had to bring their own alcohol. It was open only one or two nights a week
and for special functions. Just prior to the fire, the Casino started featuring bar dancers, a practice which met with
substantial opposition from the Williamstown community.
The bar dancers had performed the night of the fire. Because of the opposition in town and the fact that the insurance
coverage was only about $20,000 more than the mortgage owed, the owners were not initially considered to be
strong suspects. However, the casino was becoming increasingly difficult to manage. As a result of town meetings
in April 1993, the owners were going to be forced to close unless they could find a law enforcement officer willing
to work there when the Casino was open.
Evidences
The Skyview Casino burned to the ground on April 21, 1993. Although evidence samples submitted to the ATF
Laboratory did not test positive for an accelerant, an ATF certified fire investigator, a Vermont State Police fire
investigator, and an independent origin and cause expert hired by the insurance company each concluded that the
fire had been intentionally set with the aid of an accelerant.
After the fire, McCoy and Crete made no serious attempt to rebuild but instead sold the land for about $35,000.
Thus, although the insurance claim did not yield a high profit, the fire allowed the owners to get rid of the building
and then sell the land for a profit.
The break in the case came in July 1993, when Mark Parker was arrested for outstanding motor vehicle violations.
In exchange for having his tickets taken care of, Parker told police he would provide information on the Skyview
Casino arson.
Parker told police that on April 20, 1993, he received a telephone call from his friend, James Stacy. Stacy, who was
working as a bouncer at the Casino, asked Parker to meet him there. When he arrived, Stacy gave Parker $400 and
asked him to burn down the Casino that night. Parker said that Stacy told him the owners wanted the job done on a
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night that the topless dancers would have performed. When Parker questioned Stacy as to why the owners wanted
the Casino burned, Stacy said that they weren’t making a lot of money and the place was becoming a hassle. Parker
accepted and went home.
When he got home, Parker told his girlfriend of the plan. She told Parker that she would leave him if he carried
it out, and that he would have to return the money. Parker then drove back to the Casino and returned the money,
even though Stacy offered him another $100. Stacy told Parker that McCoy and Crete wanted the fire to look like
arson and that they wanted the whole building gone. He asked for advice on how to start it, and Parker suggested
using 5 gallons of fuel on the floor.
Parker agreed to meet with Stacy and wear a recording device. In recorded conversations on July 12 and 13, Parker
told Stacy that he had been questioned about the fire, and he asked for advice on whether he should take a polygraph.
Stacy urged Parker to lie to police, reassuring him that he could honestly answer several questions about it and
implying personal knowledge that Parker was not responsible for setting the fire.
After being confronted with the Parker tapes, Stacy agreed to cooperate with the State’s investigation in exchange
for immunity. However, the State gave Stacy an immunity deal without Stacy having seen a lawyer. Stacy made a
statement and agreed to an undercover meeting with McCoy, who at the time was allegedly supplying Stacy with
marijuana. During an undercover meeting with McCoy that same night, McCoy because suspicious, and Stacy
subsequently stopped checking in with police every day. Without telling Stacy, police arrested McCoy and Crete
on July 26, and Stacy fled to Florida.
The State had no case without Stacy. Stacy was arrested on arson charges but refused to continue to cooperate. The
State dropped the charges against McCoy and Crete, and pressed its case against Stacy, arguing that Stacy no longer
had immunity because he had violated the agreement by refusing to check in and by fleeing. Stacy challenged the
admission of his statements and argued that the immunity deal still applied. He claimed that the State police had
promised to tell him when they planned to arrest McCoy and Crete because he was afraid of repercussions when
they learned of his cooperation. The State court accepted Stacy’s argument and suppressed all of his statements
because he had not been given Miranda warnings. At that point, the State requested ATF’s assistance.
The U.S. Attorney’s office agreed to prosecute the arson, but had to grant Stacy immunity because of the Miranda
issue.
A long-time friend of Stacy’s testified that on the night of the fire, Stacy asked her for a ride. She drove Stacy to a
Cumberland Farms (store) in Barre, where Stacy bought a gallon of water, emptied it, and filled the container with
gasoline. Stacy then told the driver to return to the road to the Casino. While she waited in the car with the lights
out, Stacy got out with the gasoline and headed up the road. When he returned, the gas container was empty. Stacy
later bragged to her that he had burned the Casino in exchange for money paid by the owners, and that he and the
owners had beat the polygraph.
Following Stacy’s sworn testimony, Ronald McCoy and Rene Crete pled guilty as charged.
James Bernasconi, who was developed as a key witness in this investigation, falsely testified to the Federal Grand
Jury. He was indicted and subsequently pled guilty to a false declaration charge.
Verdict
Ronald McCoy pled guilty to federal charges of arson and possession with intent to distribute a controlled substance.
He was sentenced to a concurrent sentence of 27 months’ imprisonment followed by 3 years of supervised release
and ordered to pay $5,000 to the insurance company.
Rene Crete pled guilty to a Federal charge of Wire Fraud. He was sentenced to 9 months’ incarceration and 3 years’
supervised release, and ordered to pay $10,000 to the insurance company.
James Bernasconi pled guilty to making a False Declaration to a Grand Jury. He was sentenced to 6 months’
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Source: Graaf, P., 2011. Skyview Casino, Williamtown, VT [Online] Available at: <http://www.interfire.org/res_file/
acb_sky.asp> [Accessed 1 July 2011].
Questions:
1. How the casino caught fire and was the insured eligible for insurance?
Answer
As per the evidences above, it is clear that the casino was torched intentionally by the casino owners Ronald
McCoy and Rene Crete. Since the fire was not an accident so the insurance company is not liable for the payment
of the insured amount.
2. Who according to the U.S Attorney office was held guilty for the accident?
Answer
According to the U.S attorney three people were held guilty:
• Ronald McCoy pled guilty to federal charges of arson and possession with intent to distribute a controlled
substance.
• Rene Crete pled guilty to a Federal charge of Wire Fraud.
• James Bernasconi pled guilty to making a False Declaration to a Grand Jury
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Case Study II
Background facts
The insured’s home caught on fire in the early hours of November 10, 2005. The insured, including his extended
family, his son, daughter-in-law and two grandchildren, were able to get out of the house in time to avoid injury.
However, the family home sustained extensive fire damage to the second floor interior, the structure and the fire
burned through the roof. The lower floor sustained extensive water damage from fire fighters’ efforts to extinguish
the fire. There was also smoke damage throughout the home.
The insured notified his insurance company of his loss the morning of the fire. The insurance company’s initial
adjuster sent out an “emergency preferred vendor” to board up and tarp the roof. It was apparent to the emergency
preferred vendor that immediate dry out of the house was necessary. It was also apparent from the claim file that the
insurance company’s first adjuster knew that there was water in the home from the fire extinguishing efforts. However,
the adjuster did not authorize the insurance company’s emergency preferred vendor to dry out the house
Mold formation
On November 12, 2005, the insurance company’s large loss field adjuster (the second adjuster assigned to the claim)
inspected the insured’s home. This adjuster observed that the house was wet and needed immediate dry out. He took
no steps to get the home dried out, did not include dry out in his scope of repairs and did not inform the homeowner/
insured that immediate water extraction was necessary to prevent the formation of toxic mold.
A home with a water soaked interior cannot be immediately restored unless it is promptly and thoroughly dried out.
If the home is not properly dried out and mold forms, then a complete and proper mold remediation must commence
before major restoration begins.
Yet, nothing was done for the insured and his family regarding drying out of the insured home. As a result, toxic mold
developed in the home. This occurred because it was the insurance company’s apparent internal policy to not dry
out insured homes subsequent to fire suppression activities - including a home deluged by water by fire fighters.
The dispute between the insurance company and the insured regarding the cost to restore the family home:
After the fire was extinguished at the insured family home, one of the fire fighters told the homeowner/insured that
he should hire a public adjuster to help him with his claim. Upon this advice, the insured hired a public adjuster.
He also hired a contractor of his choice to make the home restoration repairs.
The insurance company large loss field adjuster initially determined that the Replacement Cost Value (RCV) of the
loss was $64,772.03 to restore the home and then after arbitrarily deducting depreciation determined that the Actual
Cash Value (ACV) was $51,834.44. The insurance company then sent a check for $51,834.44 and informed the
insured that it was going to close its file.
The insured’s contractor of choice determined that in fact, it would cost about $172,000 (Replacement Cost Value)
to do the job properly and to fully restore the home to its pre-loss condition. The difference between the insured’s
contractor’s estimate and the amount that the insurance company paid was over 2.5 times, or, more than a 150%
difference. The insurance company’s estimate was ridiculously and unreasonably low.
Using the estimate of the insured’s contractor, the insured’ public adjuster pointed out to the insurance company that
the insurance company’s scope left out over 200 repair items and that it was impossible to repair the home for the
amount of the insurance company’s estimate. One of the major items ignored by the insurance company was the
extensive structural repairs that were necessary to replace the roof rafters and burned floor joists. After the public
adjuster pointed out in writing this gross deficiency, as well as the other missing items in the insurance company
estimate, the insurance adjuster only increased his RCV up to $74,288.17 and ACV to $58,594.72 and paid the
insured an additional approximate $6,700. This was still grossly below the insured’s contractors’ restoration scope
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and estimate.
In an attempt to get an agreed to scope for the insured that was reasonable, the insured’s public adjuster scheduled
a meeting with the insurance company large loss adjuster, the insurance company’s contractor, the public adjuster
and the insured’s contractor. The purpose of the meeting was to have the individuals walk the damaged home and
compare their lists of home repairs so that they could reach an agreement as to what had to be done – the scope of
work.
The insured had just had major surgery on his leg before the fire. The insured had been in a wheelchair for some
time. The insured had to arrange transportation to the meeting, to let the adjuster and other individuals into the
house for the inspection. About 15 minutes before the insured arrived, the insurance company adjuster and the others
agreed to reschedule the meeting. During the next three weeks the insured’s public adjuster repeatedly attempted
to reschedule the “walk through” meeting with the insurance company adjuster. However, the insurance company
adjuster refused to agree to a time to meet with the insured’s public adjuster and contractor at the insured’s home. The
follow-up meeting did not take place because of the insurance company adjuster’s unreasonable refusal to attend.
In an attempt to justify his unreasonably low restoration scope and repair estimate, the insurance company adjuster
sent his scope to a purportedly “independent contractor.” The adjuster e-mailed his scope to this “independent”
contractor. This contractor selected by the insurance company that had worked on prior losses with this insurance
company adjuster, essentially “rubber stamped” the unreasonably low insurance company scope and later admitted
under oath that it was not an independent scope. This was a fraudulent attempt to justify the insurance company’s
lowball estimate.
The insurance company adjuster then sent a misleading letter to the insured stating that the insurance company’s
contractor was “independent,” and that it could conduct the repairs to the insured home in the amount of the insurance
company’s estimate. The adjuster concealed the fact that his contractor did not prepare his own independent scope,
but instead just adopted the insurance company’s deficient scope. This is a common insurance company trick.
They have contractor’s that will agree to their unreasonably low estimates to try to get the job with the expectation
that they can make it up with supplements. This is essentially fraud and is improper.
The insurance company’s contractor further informed the insured that he knew he could not repair the insured’s
home for the amount of the insurance company’s estimate. However, this contractor told the insured to “trust” him
because he had a special relationship with the insurance company - he stated that he could get more money out of the
insurance company. The insured did not trust this contractor and believed that the contractor was acting in concert
with the carrier. It was later determined that the insurance company contractor had been the subject of complaints
by various insured’s for doing very poor quality work.
The insurance company knew that it was unlawful to try to force its contractor upon the insured, without at least
advising the insured in writing that the insured had the right to select his own contractor. It is improper for an
insurance company to even suggest another contractor to the insured - unless the insured specifically requests such a
referral. The insured never requested any such referral, because the insured had already hired his own contractor and
the insurance company never informed the insured in writing that he had the right to select his own contractor.
The insured’s contractor of choice did not begin repairs because it could not get an agreed scope from the insurance
company. The insurance company simply refused to change its position regarding what the public adjuster and
the insured perceived as the insurance company’s lowball restoration scope and estimate. After fighting with the
insurance company for over nine months to get an agreed to scope so the insured’s contractor could begin repairs, the
insurance company stopped paying for the insured’s Alternative Living Expenses (ALE). The insured’s contractor
of choice refused to start the job without an agreed to scope with the insurance company. The insured’s public
adjuster advised the insured that he should retain the services of city fire insurance attorneys and pursue litigation.
The insurance company forced the insured into litigation.
Mitigation of damages
After the insurance company cut off the insured’s ALE, he had to continue to make house payments and needed a
place to live. The insured tried to find a reputable contractor to start fixing up his home with the little money he
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had been paid by the insurance company, so he could at least move into the first floor bedroom to reduce his living
expenses. His extended family had at that time found other places to live. No licensed contractor would agree to
start the repairs with the money that the insured had been paid. However, the insured found a company that repaired
the lower bedroom so he could live there until the claim was resolved by litigation. At that time, the insured was
not aware of the mold. His exposure to the mold, when he attempted to live in the lower bedroom, caused him
harm and injury.
Viau & Kwasniewski took on the case to fight the bad faith insurance company and filed it in Los Angeles Superior
Court Central District. After initial investigation, the fire insurance lawyers at Viau & Kwasniewski were concerned
that mold had developed in the insured home, given that the insurance company did not dry out the home at the
commencement of the claim. Viau & Kwasniewski fire insurance lawyers hired a company frequently used by
insurance companies to test for the presence of mold in the home. The test results indicated high levels of Penicillium/
Aspergillus in the insured’s home. Some forms of Aspergillus are known to be toxic and can cause bodily harm.
This of course caused significant concern to the insured because he had been living in the lower bedroom in the
house to mitigate his damages.
The insured attempted to secure alternative living arrangements. The insurance company refused to pay for such
arrangements after the summer of 2006. Because the insured still had to pay the mortgage on the home in which
he could not live, he could not afford to pay additional rent for alternative living arrangements. The insured made
arrangements to live with his parents; however, this proved difficult because of logistics relating to his work. All
of this harm, distress and expense constitute part of an insured’s damage in an insurance bad faith case.
A case of bad faith was filed against the insurance company. As often occurs in litigation against insurance carriers,
the case was actively litigated by Viau & Kwasniewski fire insurance attorneys. Over 20 depositions were taken,
including the depositions of 5 retained experts and 6 non- retained experts.
Viau & Kwasniewski fire insurance lawyers took videotaped depositions with instant visual display and conducted
extensive written discovery, as well. All of these efforts were done to maximize the insured’s recovery.
Viau & Kwasniewski fire insurance lawyers additionally pursued Colonial Life discovery. It is the law of the State
of California that an insurance company may not engage in a pattern of practice of wrongful claims handling. How
a California insurance company handles similar fire claims is of the utmost importance: By engaging in a conscious
and wilful pattern and practice of wrongful denial, wrongful delay, purposeful refusal to objectively investigate and
discrimination, the insurer unlawfully reaps a significant profit at its insured’s’ expense.
The California Legislature and the California courts implemented laws expressly designed to preclude such wrongful
practices by California fire insurance companies. These laws support an insured’s efforts to obtain relevant and
pertinent information regarding how a California fire insurance company handles certain “other claims.”
Particularly in California insurance bad faith cases, the insurance company’s “mind set,” and any purported pattern
and practice of wrongfully handling and delaying particular kinds of insurance claims is of the utmost importance.
Typically and logically, this information is in the possession of the California insurance company itself. The manner
in which insured’s may obtain this discovery was first discussed in the case of Colonial Life & Acc. Ins. Co. v.
Superior Court (1982) 31 Cal.3d 785. This discovery relates to the California insurance company’s handling of
other similar fire insurance claims made by other insured’s.
The California Supreme Court and the courts in uniform decisions since 1982, specifically hold that such discovery
is relevant, is not privileged or protected so long as it proceeds as outlined in Colonial Life and properly protects
the other insured’s’ privacy interests.
Viau & Kwasniewski fire insurance lawyers believed that this Colonial Life discovery is important and relevant.
This discovery is not an attempt to merely “annoy” the California insurance company, as many carriers improperly
believe. The information is relevant, important and pertinent to insurance bad faith issues. Viau & Kwasniewski
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fire insurance attorneys have pursued this information in insurance bad faith cases, including in proceedings before
the Court of Appeal.
Additional evidence was obtained during the depositions of another public adjuster and the insured’s contractor,
that this particular fire insurance company adjuster was lowballing other insured’s. This was additional evidence of
a pattern and practice of insurance bad faith claims handling. Further the California insurance company adjusters’
managers admitted in their depositions that they ratified and approved the insurance company adjusters’ conduct.
This was very important because it potentially exposed the California insurance company to punitive damages.
The California insurance company lawyers filed what is called a Motion for Summary Judgment/Adjudication, taking
the position that the insured’s case had no legal merit and that the insured could not pursue punitive damages. Viau
& Kwasniewski fire insurance attorneys vigorously opposed the Motion. The Court denied the California insurance
company’s Motion in its entirety.
The case was hard fought. It was clear that the insured and the Viau & Kwasniewski fire insurance lawyers were
fully prepared and looking forward to trying the case and fight the bad faith insurance company. At the end and
on the eve of trial, the carrier paid the full amount of the insured’s demand. Viau & Kwasniewski fire insurance
attorneys were able to achieve this result by their hard work, thorough knowledge of California insurance issues,
ability to validly gain the trust of the insured and total preparedness.
Homeowner insurance claims can be difficult and there are numerous potential pitfalls. For example, the California
insurance company here argued that the initial dry out was not covered under the homeowner’s policy. However,
where there is coverage under the insurance policy, in order to conduct a proper home repair to a home that has been
deluged by water, the carrier should make sure that the home is dried out. An analysis of the California insurance
policy provisions and coverage issues must be made. Viau & Kwasniewski fire insurance attorneys have in-depth
expertise in conducting such analyses and vigorously opposed the insurance company’s repeated attempts to convince
the court that there was no coverage to dry out the home.
At one point the California insurance company’s lawyers went so far as to quote language out of a different policy to
try to support their position that there was no coverage for the dry out. This misconduct by the insurance company
lawyers was discovered by a careful coverage analysis by the Viau & Kwasniewski fire insurance lawyers and was
presented to the judge in a multi-page trial brief. In the end, the California insurance company and its lawyers
gave up their nonsense and realised that if the case went to trial it was going to result in a very bad result for the
insurance company. The carrier and their lawyers came to this conclusion only after the case was fully prepared for
trial and their insupportable arguments and repeated requests for delay were vigorously opposed by the insured’s
fire insurance lawyers.
Source: Viau & Kwasniewski, 2010. Southern California Homeowner Fire Loss Case Study [Online] Available at:
<http://www.vklawyers.com/fireclaim-casestudy.html> [Accessed 30 June 2011]
Questions:
1. What steps were taken by the insured in order to get the correct amount for house renovation?
2. What case was put up against the insurance company?
3. List out the issues with the insurance company regarding its practices.
4. Write briefly about the outcome of the case.
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Case Study III
At approximately 1:00 a.m. on February 5, 1996, an arson fire occurred at Pacaccio’s Hair Salon in Arlington, Texas.
This salon was centrally located in a strip shopping centre that housed, among other things, an exotic gentlemen’s
tanning salon and a bar. The fire caused approximately $50,000 in damages to the salon and over $200,000 in damages
to the building and other adjoining businesses. Investigation revealed that the owner of the salon, Charles Nathaniel
Thomas, had paid a co-conspirator, Hardy Gene Parker, $1,000 to set the salon on fire for insurance profits of $70,000
for contents coverage. Parker, in turn, paid co-conspirator John Irvin Jenkins $500 to actually set the fire. After the
fire, Thomas filed proof of loss statements to Ohio Insurance Company to claim the insurance profits.
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Only one of these claims was allowed in court, under evidence rule 404b.
Verdict
After a 6-day jury trial, Charles Nathanial Thomas was found guilty on all five counts. On April 3, 1997, he
was sentenced to 105 months in prison, 36 months’ supervised release, and was ordered to make restitution of
$178,000.
Hardy Parker pled guilty to one conspiracy count and was sentenced February 4, 1997, to 18 months imprisonment
followed by 36 months’ supervised release. He was also ordered to pay $178,000 restitution.
John Irvin Jenkins pled guilty to arson and conspiracy and was sentenced March 27, 1997, to 30 months’ imprisonment
and 36 months’ supervised release. Due to ill health, Jenkins was not required to pay restitution.
Source: Murphy, C., 1996. Pacaccio’s Hair Salon, Arlington, Texas [Online] Available at: <http://www.interfire.
org/res_file/acb_phs.asp> [Accessed 1 July 2011].
Questions
1. What was the cause of the fire and the extent of damage?
2. What was the verdict of the case and was it justified?
3. Enlist the evidences which led to the verdict.
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watch?v=Plqsw1u85U4> [Accessed 9 June 2011].
Recommended Reading
• Cheremisinoff, N., 1999. Fire and Explosion Hazards Handbook of Industrial Chemicals. William Andrew.
• Darrach, H., 2008. The Standard Fire Insurance Policy, Pranava Books.
• Dominge, C., 2010. Fire Insurance Inspection & Underwriting. Nabu Press.
• Gagnon, R., 1997. Design of Special Hazard & Fire Alarm Systems. Delmar Cengage Learning.
• Insurance Society of New York, 2010. The fire insurance contract: its history and interpretation. Nabu Press.
• Ketcham, E., 2010. Fire Insurance; The Essentials of the Fire Insurance Business. General Books LLC.
• Kitchin, F., 1904. The principles and finance of fire insurance. E. Wilson.
• Longcore, R., 2007. Insurance Claim Secrets REVEALED! Trafford Publishing.
• McCune, W., 1922. A Fire Insurance Agency for Profit. Revised ed., the rough notes co.
• National Fire Protection Association, 1990. Industrial Fire Hazards Handbook, 3rd ed., NFPA.
• Oviatt, F. 1904. Fire Insurance, Expenses, Profits, Problems. American Academy of Political and Social
Science.
• Peverett, E., 1997. Fire insurance law and claims, 2nd ed., Witherby & Co Ltd.
• Ramachandran, G., 1998. The Economics of Fire Protection. Spon Press.
• Reed, P., 1940. Fire Insurance Underwriting. McGraw-Hill Book Company.
• Riegel, R., 1947. Fire insurance; from insurance principles and practices. 3rd ed., Prentice-Hall.
• Robert B. Holtom, 2001. Commercial Fire Underwriting. 3rd. ed., Natl Underwriter Co.
• Rochie H., 2010. Fire Insurance Law: An Authoritative Analysis of the Standard Fire Insurance Policy, of Its
Legal Aspects, and of the Standard Forms. Nabu press.
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• Shepard, S., 2009. Be fire safe: how to avoid fire, reduce loss, and recover from insurance if you have a fire.
Ronin Publishing
• Smith, G., 1998. The adjuster! Making insurance claims pay, 2nd ed., Cargo Publishing Company.
• Thomson, N., 2001. Fire Hazards in Industry. Butterworth-Heinemann.
• Thomson, N., 2007. Controlling Fire Hazards, NGT Publishing Limited.
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Fire Insurance
Chapter I
1. c
2. a
3. a
4. d
5. b
6. b
7. a
8. a
9. d
10. b
Chapter II
1. a
2. c
3. a
4. d
5. b
6. b
7. c
8. a
9. b
10. c
Chapter III
1. a
2. b
3. a
4. b
5. a
6. a
7. d
8. c
9. b
10. c
Chapter IV
1. d
2. a
3. b
4. c
5. c
6. d
7. b
8. d
9. a
10. c
126/JNU OLE
Chapter V
1. b
2. c
3. c
4. a
5. b
6. d
7. a
8. b
9. b
10. a
Chapter VI
1. b
2. d
3. b
4. a
5. c
6. a
7. c
8. c
9. a
10. c
Chapter VII
1. a
2. b
3. c
4. d
5. b
6. c
7. a
8. d
9. a
10. b
Chapter VIII
1. b
2. a
3. b
4. d
5. c
6. a
7. b
8. a
9. d
10. b
127/JNU OLE