Professional Documents
Culture Documents
Policy Wordings
CONTRACTUAL LIABILITY INSURANCE
CONTENTS
II Insuring Clause 3
III Exclusions 3
IV General Conditions 6
HDFC ERGO General Insurance Company Limited. IRDAI Reg. No.146 CIN: U66030MH2007PLC177117. Registered & Corporate Office: 1st Floor,
1 HDFC House, 165-166 Backbay Reclamation, H. T. Parekh Marg, Churchgate, Mumbai – 400 020. Trade Logo displayed above belongs to HDFC Bank
Ltd and ERGO International AG and used by the Company under license. UIN: Contractual Liability Insurance – IRDAN125CP0005V01202122.
HDFC ERGO General Insurance Company Limited
Policy Wordings
CONTRACTUAL LIABILITY INSURANCE
1. Contracting Party means an individual or entity, as the 14. Property Damage means actual physical loss of
case maybe, who has entered into a Contract with You. or damage to tangible material property belonging to a
Contracting Party resulting from an Event.
2. Contract meansawritten agreement entered byyou with
Contracting Party and is enforceable by lawand is part 15. You / Your /Insured means the individual or entity, as
of the Policy Schedule. the case maybe, who is named in the Policy Schedule.
3. Contract Period means the Period mentioned in the 16. We / Our/ Us / Company means the HDFC ERGO
Contract during which it remains valid. General Insurance Company Limited.
5. Deductible means the amount which is to be borne by We will indemnify You against any liability under Contract(s)
You and is part of the Policy Schedule before any issued during the Period of Insurance for a Covered Loss
payment of claim made under this Policy. specified in the PolicySchedule pursuant to such liability
arising during the Contract Period.
6. Depreciation means reduction in value of product
insured due to Ageing, Use, Wear & Tear or Liability arising in respect of a Covered loss shall be subject
Obsolescence. to the extent of Limit of Liability and applicable Sub-limits,
Salvage, Depreciationand Deductibleas specified in the
7. Covered Risk / Event means Covered Risk / Event as PolicyScheduleand to the terms, conditions, special conditions
specifically mentioned in Your Policy Schedule. and exclusions of this Policy.
HDFC ERGO General Insurance Company Limited. IRDAI Reg. No.146 CIN: U66030MH2007PLC177117. Registered & Corporate Office: 1st Floor,
2 HDFC House, 165-166 Backbay Reclamation, H. T. Parekh Marg, Churchgate, Mumbai – 400 020. Trade Logo displayed above belongs to HDFC Bank
Ltd and ERGO International AG and used by the Company under license. UIN: Contractual Liability Insurance – IRDAN125CP0005V01202122.
or arising from:
III. EXCLUSIONS
a. ionising radiations or contamination by radioactivity
Following shall be excluded under the policy unless specifically
from any nuclear fuel or from any nuclear waste from
covered and mentioned in the Policy Schedule.
the combustion or fission of nuclear fuel; or
1. The Policy will not cover Contracts which are:
b. radio-active toxic explosive or other hazardous
a. Verbal or Oral properties of any nuclear assembly or nuclear
component thereof.
b. Unconditional or Deemed
15. War: This Policy does not cover claim for any
2. No claim shall be made forcontracts that cannot be consequence of war, invasion, act of foreign enemy,
quantified, measured, or assessed. hostilities (whether war be declared or not), civil war,
rebellion, revolution, insurrection, or military or usurped
3. Any Unexplained Loss/Damage/Disappearance of the power.
Product covered in the Contract.
16. Professional Advice: This Policy does not cover claim
4. Any liability arising due to unlawful act or illegal activities arising out of your giving or failing to give any professional
including criminal acts or intentional or fraudulent act advice inconsideration for a fee nor does it cover claim
by You or Your representative/employee or Contracting arising out of any error or omission in any such advice.
Party including Family member, domestic help,
employee or staff member of Contracting Party. 17. Specification, Formula or Design: This Policy does not
cover claim arising directly or indirectly out of:
5. Liability arising due to misuse, reckless, abusive, wilful
or intentional conduct associated with handling and use a. any design, plan, specification, formula or pattern
of the Product covered in the Contract. that you provide for a fee; or
6. Any obligation, commitment, or actthat Contracting b. any error or omission associated with any such
Party has not performed that he was supposed to design, plan, specification, formula or pattern;
perform as per the Contract terms.
18. Legal Liability This Policy does not cover any claim
7. Any liability arising due to decision or action or omission unless:
of Your employee/s including Director and company
managers. a. you have expressly assumed it in Contract;
8. Any latent / inherent defect or Recall Campaign in the b. the claim would not have attached in the absence
event of mass failure of the Products covered or any use of that Contract; and
other than in accordance with manufacturer ’s
c. agreed by Us and mentioned in the Policy Schedule.
recommendation or use of any accessory which has not
been approved by the manufacturer with the covered 19. Penalties and Damages: This Policy does not cover claim
Product. for any:
9. Any Pre-existing conditions in relation to damages or a. aggravated or exemplary damages irrespective of
cosmetic loss or damage including but not limited to whether agreed in the Contract and/or that may be
peeling of paint, scratches and dents that do not awarded by any Court of Law;
otherwise affect the functionality of the covered item.
b. any fine; or
10. Any product where identification could not be
established at the time of claim as Identification Number c. any liquidated damages or other penalty imposed
has been altered, defaced or removed, except where under the terms of Contract, or any warranty or
product identification details could not be established agreement.
due to damage by fire.
20. Pollution: This Policy does not cover claim arising directly
11. Any product that has been modified to alter its or indirectly out of the discharge, dispersal, release,
functionality or capability without the written permission escape, removal, nullification, cleaning up or any
of manufacturer measures taken to prevent escape of any Pollutant; or
12. Asbestos: This Policy does not cover any claim However, this exclusion does not apply where the
connected in any way with asbestos, or with any product discharge, dispersal, release or escape results from a
or material containing asbestos. sudden identifiable event:
13. Explosives: This Policy does not cover claim connected a. that you neither expected nor intended; and
in any way with blasting operations or the handling or
b. that took place in its entirety at a specific time and
use of explosives.
place.
14. Radioactive Contamination: This Policy does not cover
‘Pollutant’ means any solid, liquid, gaseous, biological or
claim directly or indirectly caused by, or contributed to,
thermal irritant or contaminant, including but not limited
HDFC ERGO General Insurance Company Limited. IRDAI Reg. No.146 CIN: U66030MH2007PLC177117. Registered & Corporate Office: 1st Floor,
3 HDFC House, 165-166 Backbay Reclamation, H. T. Parekh Marg, Churchgate, Mumbai – 400 020. Trade Logo displayed above belongs to HDFC Bank
Ltd and ERGO International AG and used by the Company under license. UIN: Contractual Liability Insurance – IRDAN125CP0005V01202122.
to dust, smoke, vapour, soot, fumes, chemicals, from your Internet Operations.‘
organisms or waste. ‘Waste’ includes but is not limited
to any material destined to be recycled, reconditioned Internet Operations’ means any of the following:
or reclaimed. a. the use of any electronic mail system by you or by
21. Breach of Contract: This Policydoes not cover breach of anyone else at your order or with your consent; or
Contract where b. access through your network to the World Wide Web
a. liability is incurred through your failure to arrange or or a public Internet site by You or by anyone else
maintain an insurance required by any law or statute; atyour order or with your consent; or
or c. access to your internal company information and
b. liability arising on account of violation of any legal computing resources that is made available through
and/or regulatory provision; or theWorld Wide Web; or
c. any liability that would have been recoverable from d. the operation and maintenance of your web site.
another party but for your release, waiver or limitation Cyber Loss means any loss, damage, liability, expense,
of that liability. However, this exclusion does not fines or penalties or any other amount directly or indirectly
apply to any such waiver or limitation that is required caused by:
by Contract.
a. the use or operation of any Computer System or
22. Consequential Loss: This Policy does not cover claim Computer Network;
arising as a consequence of “illness” and/or Injury” and/
or “Property Loss” and/or “financial loss” indemnifiable b. the reduction in or loss of ability to use or operate
under this policy. any Computer System, Computer Network or Data;
23. Design, Material and Workmanship: This Policy does not c. access to, processing, transmission, storage or use
cover liability arising due to: of any Data;
a. any component part or individual item of property d. inability to access, process, transmit, store or use
which is the subject of the Contract and which is defective any Data;
in design, plan, specification materials or workmanship;
or e. any threat of or any hoax relating to (a) to (d) above;
b. such property lost or damage to enable replacement, f. any error or omission or accident in respect of any
repair or rectification of the otherwise undamaged Computer System, Computer Network or Data.
property excluded by (a). above. Computer System means any computer, hardware,
Note: Clause (a) above shall not apply to other parts or software, application, process, code, programme,
items of property which are the subject of the Contract information technology, communications system or
and which are free from defect but are damaged in electronic device owned or operated by the Insured or
consequence thereof. For the purpose of the policy any other party. This includes any similar system and
and not merely this exclusion, property which is the any associated input, output or data storage device or
subject of the Contract shall not be regarded as lost or system, networking equipment or back up facility.
damaged solely by virtue of the existence of any defect Computer Network means a group of Computer Systems
in design, plan, specification, materials or workmanship and other electronic devices or network facilities
in the property or any part thereof. connected via a form of communications technology,
24. Injury to Employees: This Policydoes not cover- including the internet, intranet and virtual private
networks (VPN), allowing the networked computing
a. liability for Injury to any Employee arising directly or devices to exchange Data.
indirectly out of the Insured’s employment : or
Data means information used, accessed, processed,
b. any claim arising under Employee’s compensation transmitted or stored by a Computer System.
legislation or under any industrial award oragreement
or determination; or 26. Wilful Act: Loss or damage caused by or arising out of
wilful act of Yourself or any person acting on Your behalf
c. any claim that is or would be within the scope of or Contracting Party including circumstances, facts or
any insurance cover mandated under any matters that You are or ought to be reasonably aware
applicablelaw/regulation, irrespective of whether prior to the commencement of this Contract.
such insurance cover was maintained or not; or
27. Any loss deemed contrary to public policy or which is
d. any claim connected with an Employee’s contract uninsurable under Indian Law.
of employment.
28. Any loss arising out of act of Terrorism.
25. Cyber Loss: This Policy does not cover any liability
assumed by you from Cyber Loss caused by or arising 29. Communicable Disease Exclusion
HDFC ERGO General Insurance Company Limited. IRDAI Reg. No.146 CIN: U66030MH2007PLC177117. Registered & Corporate Office: 1st Floor,
4 HDFC House, 165-166 Backbay Reclamation, H. T. Parekh Marg, Churchgate, Mumbai – 400 020. Trade Logo displayed above belongs to HDFC Bank
Ltd and ERGO International AG and used by the Company under license. UIN: Contractual Liability Insurance – IRDAN125CP0005V01202122.
Notwithstanding any other provision, clause or term of b. do anything that might be seen as an admission of
this Policy to the contrary, this policy does not cover liability, fault or guilt unless permissible in law; or
any claim, loss, liability, damage, cost or expense of any
kind relating to, whether directly or indirectly and/or in c. settle any third party claim, even though it may be
whole or in part, a Communicable Disease and/or any within the amount of the Deductible.
fear or threat thereof (whether actual or perceived). 3. Alteration of Risk
For avoidance of doubt: (1) no other prior, concurrent You must immediately inform Us of any alteration/
or subsequent provision, clause, term or exception of addition/change in the information/design/
this policy (including (but not limited to) any prior, workmethodology or insured Contract terms and
concurrent or subsequent endorsement and/or any conditions that differs from that previously disclosed to
provision, clause, term or exception that operates, or is Us. Our liability will assume only if We have agreed in
intended to operate, to extend the coverage of, or writing about the informed change.
protections provided by, this policy; (2) any change in
the law clause or similar provision; (3) any follow the 4. Adjustment of Premium
fortunes clause or similar provision; and/or, (4) no
change in the law or any regulation (to the extent We will adjust the premium on expiry of policy term for
permitted by applicable law), shall operate to provide the difference between the premium collected and
any insurance, coverage or protection under this policy premium calculated on aggregate limit of liability declared
that would otherwise be excluded through the exclusion to us during the Coverage Period.
set forth in this clause. Such adjustment will be subject to a minimum deposit
If the Insurer alleges that by reason of this clause, any of premium wherever agreed and specified in the policy
amount is not covered by this Policy, the burden of schedule.
proving the contrary shall rest in the Insured. 5. Cancellation
N.M.A. 2915 a. Your Policy may be cancelledby you at any time by
Communicable Disease means any: infectious disease; giving fifteen (15)days’ notice to Us in writing. The
contagious disease; communicable disease; and/or, any cancellation will take effect from the date We receive
infectious, contagious or communicable substance Your notice. Premium refund will be as per the
(including (but not limited to) a virus, bacterium, parasite Policyterms agreed between You and Us.
or organism or any mutation of any such things, whether b. By Usat any time by giving fifteen (15) days’ notice to
living or not), regardless of the method of transmission You in writing on the grounds of misrepresentation,
(including (but not limited to) whether direct or indirect fraud,non-disclosure of material facts or non-co-
airborne transmission, bodily fluid transmission, operation. The Policy will be cancelled without any
transmission from or to any surface or object, solid, refund in premium.
liquid or gas) that causes, can cause or threatens:
damage to human health; damage to human welfare; Your Policy will automatically be cancelled from the
and/or, damage, deterioration, loss of value, marketability time Yourbusiness becomes insolvent or is wound up
or loss of use to tangible or intangible property. For the or is permanently discontinued or a liquidator,
avoidance of doubt Communicable Disease includes (but administrator, receiver, manager and / or trustee in
is not limited to) corona virus disease 2019 (COVID-19) bankruptcy is appointed to You or any of Yourassets.
and any mutation or variation thereof.
No refund of premium shall be due if the Insured has
relating to’ means: relating to; in connection with; arising made a Claim under this Policy.
under; arising out of; as a result of; as a consequence of;
attributable to; contributed to by; and any other term 7. Claim Conduct
commonly used and/or understood to reflect or describe In case of any Occurrence that may give rise to a claim
a nexus and/or connection from one thing to another under Your Policy, You must:
whether direct or indirect.
a. inform us of this as soon as You can and in any event
IV.GENERAL CONDITIONS within a duration agreed and mentioned in the policy
schedule of becoming aware of any such loss or
1. The respective Contract is provided to Us and attached
damage. We may, at our sole discretion, condone
to this Policy at inception of cover for each Contract
the delay in notification of claim on merits based on
2. Admission of Liability: the reason for delay furnished by You to Us in writing.
Unless You have obtained Our prior written consent on b. provide such written documents and information as
Covered Loss, neither You nor any of Your Employees, We may require and, if asked, include verification
agents or othersacting on Your behalf may: ofparticulars on oath; and
a. admit liability, fault or guilt in connection with any c. take all steps within Your power to minimise the
Occurrence; or extent of loss, damage or liability;
HDFC ERGO General Insurance Company Limited. IRDAI Reg. No.146 CIN: U66030MH2007PLC177117. Registered & Corporate Office: 1st Floor,
5 HDFC House, 165-166 Backbay Reclamation, H. T. Parekh Marg, Churchgate, Mumbai – 400 020. Trade Logo displayed above belongs to HDFC Bank
Ltd and ERGO International AG and used by the Company under license. UIN: Contractual Liability Insurance – IRDAN125CP0005V01202122.
d. preserve any property affected and make it available Named insured shall reimburse the Insurer for any
for Us or our representatives; and payments made under this Policy.
e. inform the Police if the loss or damage has been 14. Arbitration:
caused by any act purporting to be an offence under
the applicable laws; and forward to Us every letter, Any and all disputes concerning the interpretation or
writ, summons and process in relation to Your claim difference of the terms, exclusions or conditions
as soon as You receive it; and contained herein is understood and agreed to by both
the parties are subject to Indian law.
f. advise Us in writing as soon as Youreceive notice
of any prosecution or inquest that involves You and If any difference arises as to the amount to be paid under
to Your claim; and this Policy (liability being otherwise admitted), such
difference shall be referred to arbitration, in accordance
g. provide any assistance that We may reasonably with the [Indian] Arbitration and Conciliation Act 1996, as
require. amended, and the making of an award shall be a
condition precedent to any liability for Us to make any
8. Inspection payment under this Policy. Such arbitration panel shall
You must allow Us or Our representative to inspect any consist of one arbitrator selected by You, one arbitrator
Contract documents and to audit any financial orother selected by Us, and a third independent arbitrator
records relevant to this insurance at any reasonable time. selected by the first two arbitrators in accordance with
the provisions of the [Indian] Arbitration and Conciliation
9. Governing Law & Jurisdiction Act, 1996 (as amended). The arbitration shall be
governed by Indian Law and the venue of arbitration
Any interpretation of this policy relating to its construction, shall be within India
validity or operation shall be made exclusively
inaccordance with the Indian laws. (i) All proceedings in any arbitration shall be conducted
in English and a daily transcript in English of such
All payments under this Policy will be made in Indian proceedings shall be prepared
Rupees only.
(ii) The cost of arbitration undertaken in accordance with
10. Reasonable Care this section shall be borne by the parties associated
Without exception, You and your Employees must take with the arbitration and shall share equally in the
all reasonable steps to prevent incurring any loss, costs of the arbitration proceedings and presiding
damage or liability arbitrator
HDFC ERGO General Insurance Company Limited. IRDAI Reg. No.146 CIN: U66030MH2007PLC177117. Registered & Corporate Office: 1st Floor,
6 HDFC House, 165-166 Backbay Reclamation, H. T. Parekh Marg, Churchgate, Mumbai – 400 020. Trade Logo displayed above belongs to HDFC Bank
Ltd and ERGO International AG and used by the Company under license. UIN: Contractual Liability Insurance – IRDAN125CP0005V01202122.
provision of law in any other jurisdiction to enforce any The Complaint & Grievance Redressal Cell ,
of its terms.
HDFC ERGO General Insurance Company Limited
17. Sanctions/Embargoes
D-301, 3rd Floor, Eastern Business District (Magnet
We shall not be deemed to provide cover and provide Mall), LBS Marg,
any benefit hereunder to the extent that the provision
of such cover, payment of such loss or claim or provision Bhandup (West) Mumbai-400078,
of such benefit would expose Us to any sanction,
In case You are not satisfied with the response /
prohibition or restriction under United Nations resolutions
resolution given / offered by the C&G cell, then Youcan
or the trade or economic sanctions, law or regulations
write to the Chief Grievance Officer of the Company at
of the European Union, United States of America and/
the following address:
or any other applicable national economic or trade
sanction law or regulations. To the Chief Grievance Officer
18. Claim Intimation: HDFC ERGO General Insurance Company Limited
In the event of loss of an insured event the insurance D-301, 3rd Floor, Eastern Business District (Magnet
company must be informed through anyone of below Mall), LBS Marg,
means immediately- Bhandup (West) Mumbai-400078,
1. Relationship officer / channel partner e-mail: cgo@hdfcergo.com
2. Call Centre - 022-6234 6234 You may also approach the nearest Insurance
Ombudsman for resolution of Your grievance. The
3. E-mail at care@hdfcergo.com contact details of Ombudsman offices are mentioned
4. Our contact details are as follows: below if Your grievance pertains to:
HDFC ERGO General Insurance Co. Ltd. • Insurance claim that has been rejected or dispute
of a claim on legal construction of the policy
Corporate Claims Department
6th Floor, Leela Business Park, • Delay in settlement of claim
Andheri Kurla Road, Andheri (E), Mumbai – 400059 • Dispute with regard to premium
During Intimation of claim, Insured has to provide relevant • Non-receipt of Your insurance document
information which includes Policy details and Loss details
in the agreed format.
Grievance Redressal Procedure: You may also refer Our website www.hdfcergo.
com”https://www.hdfcergo.com/customer-care/
If You have a grievance that You wish Us to redress, You grievances.html for detailed grievance redressal
may contact Uswith the details of Your grievance through: procedure.
• Call Centre - 0120-6234 6234 / 022-6234 6234
• Emails – grievance@hdfcergo.com
HDFC ERGO General Insurance Company Limited. IRDAI Reg. No.146 CIN: U66030MH2007PLC177117. Registered & Corporate Office: 1st Floor,
7 HDFC House, 165-166 Backbay Reclamation, H. T. Parekh Marg, Churchgate, Mumbai – 400 020. Trade Logo displayed above belongs to HDFC Bank
Ltd and ERGO International AG and used by the Company under license. UIN: Contractual Liability Insurance – IRDAN125CP0005V01202122.
Names of Ombudsman and Addresses of Ombudsmen Centres
BENGALURU -
Office of the Insurance Ombudsman,
Jeevan Soudha Building,PID No. 57-27-N-19
Ground Floor, 19/19, 24th Main Road, Karnataka.
JP Nagar, Ist Phase,
Bengaluru – 560 078.
Tel.: 080 - 26652048 / 26652049
Email: bimalokpal.bengaluru@cioins.co.in
BHOPAL
Office of the Insurance Ombudsman,
Janak Vihar Complex, 2nd Floor,
6, Malviya Nagar, Opp. Airtel Office, Madhya Pradesh
Near New Market, Chattisgarh.
Bhopal – 462 003.
Tel.: 0755 - 2769201 / 2769202
Fax: 0755 - 2769203
Email: bimalokpal.bhopal@cioins.co.in
CHANDIGARH
Office of the Insurance Ombudsman,
S.C.O. No. 101, 102 & 103, 2nd Floor, States of Punjab, Haryana (excluding 4 districts viz Gurugram,
Batra Building, Sector 17 – D, Faridabad, Sonepat and Bahadurgarh), Himachal Pradesh,
Chandigarh – 160 017. Union Territories of Jammu & Kashmir, Ladakh and Chandigarh.
Tel.: 0172 - 2706196 / 2706468
Fax: 0172 - 2708274
Email: bimalokpal.chandigarh@cioins.co.in
HDFC ERGO General Insurance Company Limited. IRDAI Reg. No.146 CIN: U66030MH2007PLC177117. Registered & Corporate Office: 1st Floor,
8 HDFC House, 165-166 Backbay Reclamation, H. T. Parekh Marg, Churchgate, Mumbai – 400 020. Trade Logo displayed above belongs to HDFC Bank
Ltd and ERGO International AG and used by the Company under license. UIN: Contractual Liability Insurance – IRDAN125CP0005V01202122.
NAMES OF OMBUDSMAN AND ADDRESSES OF OMBUDSMAN CENTRES
GUWAHATI
Assam,
Office of the Insurance Ombudsman, Meghalaya,
Jeevan Nivesh, 5th Floor, Manipur,
Nr. Panbazar over bridge, S.S. Road, Mizoram,
Guwahati – 781001(ASSAM).
Arunachal Pradesh,
Tel.: 0361 - 2632204 / 2602205
Nagaland and Tripura.
Email: bimalokpal.guwahati@cioins.co.in
HYDERABAD
Office of the Insurance Ombudsman,
6-2-46, 1st floor, "Moin Court",
Lane Opp. Saleem Function Palace, State of Andhra Pradesh, Telangana and Yanam - a part of Union
A. C. Guards, Lakdi-Ka-Pool, Territory of Puducherry.
Hyderabad - 500 004.
Tel.: 040 - 23312122
Fax: 040 - 23376599
Email: bimalokpal.hyderabad@cioins.co.in
JAIPUR
Office of the Insurance Ombudsman,
Jeevan Nidhi – II Bldg., Gr. Floor,
Bhawani Singh Marg, Rajasthan.
Jaipur - 302 005.
Tel.: 0141 - 2740363
Email: bimalokpal.jaipur@cioins.co.in
HDFC ERGO General Insurance Company Limited. IRDAI Reg. No.146 CIN: U66030MH2007PLC177117. Registered & Corporate Office: 1st Floor,
9 HDFC House, 165-166 Backbay Reclamation, H. T. Parekh Marg, Churchgate, Mumbai – 400 020. Trade Logo displayed above belongs to HDFC Bank
Ltd and ERGO International AG and used by the Company under license. UIN: Contractual Liability Insurance – IRDAN125CP0005V01202122.
NAMES OF OMBUDSMAN AND ADDRESSES OF OMBUDSMAN CENTRES
HDFC ERGO General Insurance Company Limited. IRDAI Reg. No.146 CIN: U66030MH2007PLC177117. Registered & Corporate Office: 1st Floor,
10 HDFC House, 165-166 Backbay Reclamation, H. T. Parekh Marg, Churchgate, Mumbai – 400 020. Trade Logo displayed above belongs to HDFC Bank
Ltd and ERGO International AG and used by the Company under license. UIN: Contractual Liability Insurance – IRDAN125CP0005V01202122.