Malaysia Insurance Coverage

Making sure you have good insurance coverage is common sense. Employees of major companies will be given some insurance coverage, but it is worth finding out exactly what is covered. If you already have insurance in your home country, make sure it covers you while you're an expat in Malaysia (and also be sure to keep your payments up to date). We set out below the types of coverage you may want to consider.

The insurance industry is highly regulated in Malaysia so often the rates are fixed. This is the case with car insurance, although the speed at which companies settle claims can vary greatly. However, some inclusions and exclusions are worth noting. As in many other countries, insurance sales people are less likely to explain the various exclusions, so it's best to do your research before deciding on a policy and to ask plenty of questions.

If you have shipped your personal effects to Malaysia, make sure you report any damage immediately, as you may find it harder to claim once the removal men have left your premises. It makes good sense to take a detailed inventory prior to shipping as well as photographs of any valuable items, along side any other documentation that will support a claim. It is also prudent to take photographs of any damaged items as you unpack. The majority of shipping agencies will include insurance in the shipping costs, but be sure to read the policy carefully and opt for alternative cover if necessary.

THE FOLLOWING INSURANCE IS WORTH CONSIDERING:

Car Insurance

Covers damage to your vehicle and other vehicles. Fully comprehensive insurance is not mandatory in Malaysia, but is strongly recommended. There is usually a relatively small excess.

Life Insurance
Covers death and or/dismemberment. It’s an unpleasant thought, but your family will need protection to provide a reliable income to replace your earnings if you die before you reach retirement age. Fortunately life insurance is generally low cost and you can easily buy cover providing up to 20 times your annual salary for a low monthly premium. Again, remember that any domestic life insurance plans you have taken out at home may not pay out in Malaysia, so look for an international plan designed with the expat in mind.

Medical Insurance
Covers medical treatment, hospitalization, surgery, etc. Malaysia 's medical services are among the best in the region, however if you need medical treatment you’ll need to visit one of the many private hospitals or clinics and pay for your treatment. Private medical insurance is designed to cover these costs – but make sure that the policy you buy is an international policy geared to expatriate needs as a traditional domestic policy from your home country or country of residence is unlikely to provide the level of cover you need in Malaysia and other countries you visit.

Check the policy provides full emergency medical evacuation cover in case you are taken ill in a remote area where medical facilities are scarcer and local 24/7 emergency assistance is limited. Different international medical insurance policies are designed either to cover essential healthcare needs if you’re on a budget or higher levels of protection if you want to cover a wider range of conditions such as maternity care or cover for the treatment of chronic illnesses. If you are living with your partner and children buy a family policy which covers you together as these are generally available at a lower premium than buying individual policies.

Medical emergencies are not the only financial risk you will face. If you suffer an illness or accident that leaves you unable to work, you’ll need an income wherever you recuperate as once an expatriate, you may not be entitled to full state-funded benefits – which are minimal in most countries to start with. Income protection policies are designed to provide you with a replacement income while you are unable to work. Again it is prudent to buy a plan designed specifically for expats as you are likely to find restrictions in domestic policies which will make it difficult to claim if you are working overseas. Plans can replace up to 75 per cent of your salary with payments made continuously until you are either fit to return to work, or right up to retirement age if necessary.

Household Insurance
Covers household contents and personal effects. High-rise apartment living and the fact that most apartment complexes, low and high, have security guards and CCTV cameras, means that home burglaries are uncommon. Petty crimes and crimes against your person are quite rare for international residents in Malaysia. Rainstorms or leaking plumbing from the upstairs apartment are more likely to cause damage to your property. This is what you need to have clarified in your insurance policy. It is also important to clarify with your landlord who is responsible for insuring the policy, and to establish what that insurance covers and whether you will need additional cover.

1. Motor

• Motor

• Private/Commerce

• Auto Assistance

2. Fire

• House Owner

• Householder

• Loss of profits

3. Engineering

• Contractors’ All Risks

• Erection All Risks

• Bond Insurance

• Machinery Breakdown

• Equipment All Risks

• Machinery All Risk

4. Workmen’s Compensation

5. Liability

• Public Liability

• Employers’ Liability

• Product Liability

• Professional Indemnity

ACPG Life Insurance Services

1. ACPG Life Insurance Services

• Keyman Protection Plan

• Partnership Protection Plan

• Business Obligation Plan

• Employee Benefit Plan

• Investment Linked Plan

• Retirement Income Plan

• Disability Income Plan

• Income Replacement Plan

• Dread Disease Plan

• Cash Less Payment Health & Medical Card Plan

• Mortgage Liquidation Plan

• Motor Vehicle Hire Purchase Liquidation Plan

• Children Education Plan

• Lady special Illness Protection Plan

Definition of Life Insurance

Life insurance combines protection with a regular savings programme, setting aside your money, which is then managed by professionals to ensure that a particular need or goal is met, while still providing financial security against unexpected events.

It is also an excellent financial planning tool, helping your savings to grow so that you can plan for the future - whether for retirement or your children's education - with confidence.

Malaysia Senior Gold Life Insurance Protection Plan

Underwritten By Zurich Insurance Malaysia Berhad

You’ve worked hard all your life to create a comfortable life for your loved ones. Now, it’s your turn to sit back and enjoy the fruits of your labour. Let SeniorGold make your retirement years a lot more comfortable and peaceful. For only RM50 per month, you can enjoy great benefits from a product that caters for your specific needs; super benefits at an unbeatable price you can enjoy at any time, anywhere in the world! So, for a worry-free life, get SeniorGold. After all, you’ve earned the right to enjoy the best life has to offer!

Insurance protection that the elderly need the most...
• No Worries. GUARANTEED ACCEPTANCE
• Coverage Renewable up to 100 years old.
• Hassle Free. NO MEDICAL CHECK UP
• Guaranteed Cash Payment
• Affordable premium as low as RM 50 per month.
• 24-Hour Protection, Worldwide
• Repatriation Benefits up to RM3,000
• Premium does not increase with age
• High Entry Age
• Best Coverage - Natural & Accidental Death Benefits.

All Classes of Malaysia Insurance Policy

6. Marine

• Marine Cargo

• Goods In Transit

7. Miscellaneous

• Burglary

• Money

• All Risks

• Mobile Plane & Equipment

• Plate Glass

• Fidelity Guarantee

• Office Equipment All Risk

8. Personal Accident

• Golfer’s Insurance

• Group PA

• Foreign Workers

• Traveler’s Insurance

• Motor Passenger PA

9. Hospital & Surgical

• Group Hospital Benefits

• Hassle Free Admission Hospital & Surgical Plan

10. Other Package Insurance

Frequently asked questions (FAQ)

1. Who is eligible to apply for Malaysia Senior Gold Life Insurance Protection Plan?
A person whose age is 18 and above is eligible to apply. Minimum and maximum age limits for the life assured are set from 50 to 80 years old (last birthday) respectively.

2. How is the Basic Sum Assured of my policy obtained?
Your policy’s Basic Sum Assured is subject to your entry age, gender and the number of units of insurance coverage you have purchased. For example, a female aged 50 years old who has purchased 5 units of insurance coverage under SeniorGold Plan, her Basic Sum Assured will be 5 times of the amount stipulated in the Sum Assured Schedule, i.e. RM17,397 x 5 = RM86,985.

3. Will the premiums increase with my age?
No. You can rest assured that Senior Gold premium is guaranteed throughout the term of the policy.

4. Does the Basic Sum Assured change when my age increases?
Do not worry. Your Basic Sum Assured of your policy will remain unchanged regardless of your age.

5. Will I get some money back should I surrender my policy before it matures?
Yes, you will get your cash value of your policy after three (3) years your policy has been in force.

6. Are there any exclusions?
Yes, but the exclusions are only applicable to Accidental Death Benefit (please refer to policy contract) These are:- War, Civil War, Terrorism; AIDS and Diseases including Dengue Fever and Japanese Encephalitis; Childbirth and Miscarriage; Provoked Murder or Assault; Travelling as an Aircraft Crew; Aerial Activities; Martial Arts and Racing; Radiation, Nuclear Weapons Materials, Intoxication by Alcohol and Drugs.

Small Medium Enterprise (SME) Insurance Malaysia / Affinity

The Business & Personal Insurance Solutions team of ACPG in Malaysia is focused on delivering tailored general insurance solutions that are individually designed to meet the coverage and risk management needs of a wide variety of small to medium sized businesses or groups of self-employed individuals.

Our wide range of packaged solutions are delivered through targeted distribution channels and are leveraged by our state-of-the-art web-based delivery and support platforms.

The team is committed to providing practical alternative risk protection options and building customized products for individual targeted segments.

The ACPG Business & Personal Insurance Solutions range of products include:

Office Insurance

This offering targets professionally occupied individual office risks which are per-underwritten. This product is typically available to businesses such as lawyers, dentists, accountants and some 50 other "white collar" occupations.

This packaged solution encompasses protection of property, consequential loss, public and product liability.

Leisure Industry Insurance

Focusing on clubs, restaurants, bars, cafes, bistros as well as hotels and motels, this package covers multiple lines, including machinery breakdown and is tailored to suit these occupations.

Industrail Insurance

Focused on small-to-medium enterprise, this product has been tailored to meet the specific needs of industrial businesses which require broader or business coverage. It caters to businesses with multiple locations and can also be per-underwritten.

Business Insurance

Focused on small-to-medium enterprises, this product has been tailored to meet the specific needs of businesses which require broader business coverage. It caters to businesses with multiple locations and can also be per-underwritten.

Retail Insurance

A comprehensive package designed for both multi and single site Retail businesses. The package includes multiple lines of cover including property cover, contents and stock, business interruption, public and employers liability and money.

Personal Liability

Covers accidental bodily injury to third parties or damage to their property.

Domestic Help

Covers death, injury and medical expenses for domestic helpers under your employ. If you hired a maid through an agency, the agency will often cover this cost for the first two years. As the employer you are responsible for her health care costs whether she has the flu or falls off a ladder - you must either insure your maid yourself or ensure that the agency has done so. Expenses on visits to GPs are borne by the employer. If you plan on extending the services of one particular maid for more than two years, take out comprehensive insurance that covers her medical care including any injuries she incurs during work.

Golfing Insurance

Covers golf-related accidents, damage to golfing equipment, and even a hole-in-one bar tab.

If you are looking for a highly-recommended and reliable insurance broker, we (ACPG) can put you in touch with someone who has nearly 23-years experience and several expatriate clients.

• Office Insurance

• Leisure Industry Insurance

• Industrial Insurance

• Business Insurance

• Retail Insurance

• Property Owner's Insurance

• Residential Strata

• Residential Landlords

• Marine/ General Property

• Financial Lines

SME Directors and & Officers Liability Insurance

SME Directors and & Officers Liability insurance is designed to help protect a wide range of small to medium size companies.

Directors and Officers of Small Medium Enterprises (SMEs) may not be aware of the potential threat they are exposed to. Directors and Officers Liability Insurance is just as relevant to the SMEs, as to the large national or multi-national organizations.

This policy is designed to protect the personal assets of the Directors and Officers by providing indemnity for loss arising from a claim as a result of a ‘wrongful act’ like breach of duty, neglect, error or misstatement committed by them in the course of performing their duties in their capacity as Directors and Officers of their company.

Who is eligible for Allianz Protect - SME Directors and Officers Insurance?

SME Directors and Officers Insurance is available for the profitable companies who have been in business for more than two years with annual turnover of up to RM100million.
Both privately owned companies (Sendirian Berhad) and companies listed on Bursa Malaysia Berhad are eligible to apply for this insurance.

Eligible Industries are :-

1. Advertisement, promotions, event organizers, TV/Film producers
2. Agricultural production and fishing
3. apparels, finished products, furniture
4. Building contractors
5. chemical manufacturers/distributor
6. Construction (heavy and building construction)
7. Departmental Store, emporiums, supermarkets, mini markets & shopping complexes
8. Educational Institutions (school, universities, colleges)
9. Electronic components manufacturing
10. Entertainment centers including cinemas
11. Freight and shipping
12. Golf and country club, amusement park operator
13. Gyms and yoga centers
14. Hospital, medical centers and dialysis centers
15. Hotels

16. Industrial plants
17. Interior designers
18. Manufacturing

SME Directors and Officers Liability Insurance Coverage:

1. Worldwide coverage
2. Full Retroactive cover
3. Legal Representation Costs (worldwide) not tied to "wrongful act”
4. Automatic New Subsidiary cover
5. Broad definition of Insured (include Employee, Trustee of trust fund or pension scheme), Heirs, Legal Representatives, Estates, Lawful Spouse
6. Defense Cost for liability under Clause 46 of the Employee Provident Fund Act 1991 up to full policy limit
7. Defense Cost in respect of Involuntary Manslaughter up to policy limit
8. Defense Cost for Pollution Claims
9. Defense Costs for Pollution Derivative Action Claim up to full policy limit
10. Defense Costs of Professional Services Derivative Action Claims up to full policy limit
11. Full Severability
12. Non Rescindable

Policy Form:

D & O policy covers "Directors and Officers (insured persons)” for "claims” made against them alleging a "wrongful act” first made and notified during the policy period. i.e. This is a claims made policy.

The information provided above is intended as a summary only. For full details of cover, extensions, conditions and exclusions please refer to Malaysia insurer SME Directors and Officers Insurance policy wording.

Commercial Insurance

1. Motor
   • Motor
   • Private / Commerce
   • Auto Assistance

2. Fire
   • House owner
   • Householder
   • Loss of Profits

3. Engineering
   • Contractors’ All Risks
   • Erection All Risks
   • Bond Insurance / Insurance Guarantee
   • Machinery Breakdown
   • Equipment All Risks
   • Machinery All Risk

4. Workmen’s Compensation

5. Liability
   • Public Liability
   • Employers’ Liability
   • Product Liability
   • Professional Indemnity
   • Management Liability
   • Errors & Omissions Insurance

Special Risk Solution for Ultimate Range

1. Office

2. Services

3. Retail

4. Food & Beverage

5. Value Hotels

6. Light Manufacturing

7. Condominium & Apartment

19. Non-profit organization
20. Plantations
21. Power Plants
22. Property development
23. Radio, tv station/broadcasting, studio and wireless page
24. Restaurants, bars and pubs
25. Retailers, boutiques, showrooms
26. Stone, clay, glass, metal and concrete products
27. Tour operator
28. Tuition centers, music and dance school, education training centers, driving schools
29. Utilities companies
30. Wholesale trade (durable and non-durable goods

No proposal form is required. What we need is just the following information:

• Name of the Insured

• Industry

• Annual Revenue

• Privately owned or listed on Bursa Malaysia
  

6. Marine
   • Marine Cargo
   • Goods In Transit

7. Group Accidental & Health Insurance
   • Foreign Worker PA (FWCS)
   • Foreign Worker Hospitalisation and Surgical Insurance (SKHPPA)
   • Insurance Guarantee (IG) for Foreign Worker
   • Business Travel Insurance

8. Miscellaneous
   • Burglary
   • Money
   • All Risks
   • Mobile Plant & Equipment
   • Plate Glass
   • Fidelity Guarantee
   • Office Equipment All Risk

Personal (Individual) Insurance

Your personal and family protection is our first priority.

ACPG, providing a comprehensive range of quality insurance products is only the beginning. We go the extra mile to provide the responsive service and information you require to make the best choice for yourself and your family.

1. Personal Accident/ Liability
   • Golfer’s Insurance
   • Group PA
   • Traveller’s Insurance
   • Motor Passenger PA
   • Personal Liability

2. Hospital & Surgical
   • Group Hospital Benefits
   • Hassle Free Admission Hospital & Surgical Plan (Medical Card)
   

3. Medical, Income, Retirement and Education
   • Disability Income Plan
   • Income Replacement Plan
   • Dread Disease Plan
   • Cash Less Payment Health & Medical Card Plan
   • Mortgage Liquidation Plan
   • Motor Vehicle Hire Purchase Liquidation Plan
   • Children Education Plan
   • Retirement Income Plan
   • Lady special Illness Protection Plan

Business Insurance Services

• Keyman Protection Plan

• Partnership Protection Plan

• Business Obligation Plan

• Employee Benefit Plan

• Investment Linked Plan

Medical & Health Insurance Policy

Slogan of ACPG Medical & Health Insurance Plan (Individual / Group) :- .....not just a health plan, but a plan for good health

Despite efforts to stay healthy, illnesses can strike suddenly, No matter how careful you are, ...

accidents can happen any time. When they do, you would want immediate access to the best medical care you can get. However, you know that hospitalization is expensive. Medical costs are high, and getting higher every year. How do you ensure that you get the medical care you want for yourself and your family?

ACPG Medical & Health Insurance Plan can help put your mind a rest. Helping you deal effectively with all serious health problems, from the need for prompt diagnosis to prearranged care at an approved panel hospital of your choice. In the event of serious medical emergencies, you can be covered for immediate admission to the nearest approved panel hospital.

With ACPG Medical & Health Insurance Plan, you need not worry about funding for your healthcare costs or it being a burden on yourself and your loved ones. All you have to do is to select from a choice of Medical Insurance Plans that suits your needs.

Furthermore, the annual premium you pay will qualify for the RM 3,000.00 medical tax relief subject to the final approval by the inland Revenue Board.

ACPG Medical & Health Insurance Plan

List of Product Range

• Medical Card (Individual & Family)

• Senior Age Medical Card Plan (Entry Age up to 65, Renewal till Age 80)

• Baby & Children Medical Card

• Maternity/ Pregnancy Benefit

• Lady Medical Card

• Critical Illness Care

List of Special Extended or Unique Coverage

• Guarantee Renewal

• High Lifetime Limit

• Second Surgical Opinion

• AIDs Coverage

• Pregnancy Complications

• Maternity Death

• Outpatient Specialist Care

• Outpatient GP Care

• Home Nursing

• Accidental Facial

• Female Cancer

• Ambulance Fees

• Daily Cash Allowance at Government Hospital

• Pregnancy / Maternity Benefits

• Accidental Death / Permanent Total Disablement
  

Medical Card Insurance Malaysia

Underwritten By Zurich Insurance Malaysia Berhad
Arranged By ACPG Management Sdn Bhd

MedicaLife 210

Your life is always precious, especially to your loved ones. It's a sad reality but life can be changed forever through a freak accident, a sudden heart attack or a dread disease. Its effects can be devastating, especially on your family! So, don't let yourself be caught unprepared for these sudden mishaps.

Protect yourself against the rising cost of medical treatment with MedicaLife 210.

Benefits

This is a guaranteed renewal policy up to age 80. MedicaLife 210 is a standalone Hospitalisation & Surgical policy with 4 plans available for the Insured. It prepares policyholders for costly medical expenses with high lifetime limit - as high as RM 1,200,000.

The Insured will be provided with a MedicaLife 210 Medical Card to facilitate hospital admission. The Medical Card is accepted by a panel of quality hospitals nationwide.

The Insured will also get to enjoy international assistance programs with MedicaLife 210. The services offered are International Medical Assistance, Travel Assistance, Car Assistance and Home Assistance.

Who is Eligible?

You can be insured with MedicaLife 210 if you are between 0 (30 days) and 59 years old (age last birthday).

Critical Illness Insurance Malaysia

Benefits

Type of Critical Illness/Dread Disease Covered:

1. Alzheimer's Disease/Irreversible Organic Degenerative Brain Disorders

2. Aplastic Anaemia

3. Bacterial Meningitis

4. Balloon Angioplasty

5. Benign Brain Tumor

6. Blindness

7. Brain Surgery

8. Cancer

9. Cardiomyopathy

10. Chronic Liver Disease

11. Chronic Lung Disease

12. Coma

13. Coronary Artery Bypass Surgery

14. Encephalitis

15. Full Blown Aids

16. Fulminant Viral Hepatitis

17. Heart Attack (Myocardial Infraction)

18. Heart Valve Replacement

19. HIV Due to Blood Transfusion

20. Kidney Failure

ProLife 36 Super Basic

Now You Can Ease The Financial Suffering Caused By Critical Illnesses

Life is beautiful. It is no secret that everyone would love to keep it that way - forever!

No one likes to think of the possibility of rain on a sunny day. Similarly, we always take it for granted that we will always be as fit and healthy as we are today. It's a sad thing but it's a fact - critical illness can strike anyone at anytime - and at any age.

Today, the odds of surviving a critical illness/dread disease are great, thanks to the advances in medical science. The question is will your finances survive too? Think about the trauma and stress that you and your loved ones would have to go through. Think about having to battle cancer and yet having to go back to work, work, work - just to pay off the extra expenses like medical bills. The trauma and stress can be debilitating!

ProLife 36 Super Basic is a new way of protecting yourself against the high cost of rebuilding your lifestyle following critical illness/dread disease. Think about what a difference this money will make towards helping with recovery, for adapting to a new lifestyle, helping to support the family financially, or perhaps saving your business. How you spend the money is completely up to you. But one thing is for sure: everyone - single, married, parent or business owner - has a real need for this coverage. Thankfully it is available to everyone, from age 1 month to 55 years. You can obtain it if you are still eligible. Act now!

21. Laser Treatment or any other Invasive Treatment for Coronary Artery Disease

22. Loss of Hearing/Deafness

23. Loss of Speech

24. Major Burns

25. Major Organ Transplant

26. Motor Neurone Disease

27. Multiple Sclerosis

28. Muscular Dystrophy

29. Occupationally Acquired HIV Infection

30. Paralysis/Paraplegia

31. Parkinson's Disease

32. Poliomyelitis

33. Primary Pulmonary Arterial Hypertension

34. Stroke

35. Surgery to Aorta

36. Terminal Illness

School Children Personal Accident Kuala Lumpur Malaysia

This insurance scheme is exclusively designed to provide our school children 24 hours coverage within Malaysia, Singapore & Brunei with the most comprehensive and beneficial coverage at a very minimum cost. It provides high capital sum insured for accidental death and permanent disablement coupled with extended coverage without any additional cost. It is definitely something that a concerned parent should obtain for your precious ones.

Benefits

1. Accidental Death
   Pays the full principal death sum assured in the event of Death due to an accident.

2. Accidental Permanent Disability

   • Pays the full principal permanent disability sum assured in the event of Permanent Disability as listed in the Table of Benefits and Premium (benefit 2: a - g) resulting from an accident.

   • Pays up to 75% of the principal permanent disability sum assured in the event of other permanent disabilities as listed in the Table of Indemnity resulting from an accident.

3. Medical Expenses
   Reimburse medical expenses up to the amount stated inclusive of hospital room and board, clinical, outpatient and surgical treatment. Should there is any claim been made under benefit 1 and 2, Medical Expenses benefit will not be payable.

4. Traveling Expenses
   Pays RM 10 per day for a payment of traveling expenses to and from the hospital which is incurred by parents up to a maximum of RM 500 per accident should the insured/pupil is hospitalized as a result of an accident.

5. Funeral Expenses
   Pays additional of RM 2,000 in the event of Accidental Death.

6. Hospital Cash Allowance
   Pays RM 50 per day up to a maximum of 60 days per accident should the insured hospitalized due to an accident.

Underwriting

Mode of Payment

• Annual Only

Entry Age

• Insured : 4 to 18 years old

• Policyholder : 16 years old and above

Strata Title Insurance Malaysia, Strata Title Risk Insurance Kuala Lumpur Malaysia

To : Joint Management Body (JMB) / Management Corporation (MC)

Strata Title Risk, Liability and Responsible

The Building & Common Property (Maintenance & Management) Act 2007 (Act 663) was enacted by the Malaysian government recently for the proper maintenance and management of buildings and the common property, after delivery of vacant possession of the premises to the purchasers but before the Management Corporation is formed. This new law came into force on April 12, 2007. It applies to Peninsular Malaysia and the Federal Territory of Labuan.
The JMB must be formed after 12 months delivery of vacant possession.

One of the most important duties of JMB is Insurance.
The powers and duties of the JMB are enumerated by Section 8 of the Act which stated
1. to insure and keep insured the building to the replacement value of the building against fire and such other risks as may be determined by the Body;

2. to apply insurance moneys received by the Body in respect of damage to the building for the rebuilding and reinstatement of that building;

3. The Body shall be deemed—

(a) for the purposes of effecting any insurance under paragraph (1)(c), to have an insurable interest in the building equal to its replacement value or any value as determined by the Body; and

(b) for the purposes of effecting any insurance under paragraph (1)(d), to have an insurable interest in the subject matter of the insurance.

Interpretation:
The Joint Management Body (JMB) must insured the following insurance:

1. Fire & All perils Insurance (Min perils Subsidence & Landslip, RSMD & BOW)

Building – For all the units that is individually own including all the common property.

In this case when the purchaser have a Loan with the Bank, the purchaser need not buy an additional insurance and can use the individual "Certificate of Insurance” issued from the Master policy.
It should include the following clauses:-

Reinstatement Value (valuation report by an accredited quantity surveyor at least once in 5 years)

Removal of Debris
Architect & surveyor Fee
Others (To be advice)

2. Public Liability Insurance

Legal liability to pay compensation for accidental bodily injury or accidental damage to the property to the Visitors for using the common property of the Building.

Under Section 4 Establishment of a Joint Management Body (JMB) / Management Corporation (MC)

(2) The Body established by subsection (1) shall be a body corporate having perpetual succession and a common seal.

(3) The Body may sue and be sued in its name.

(4) The Body shall comprise the developer and the purchasers.
Interpretation:

As the JMB is a body corporate the volunteered committee members can now be sued by the purchasers for Breach of Duty. An E&O or a PL policy to protected the personal liability of the individual committee.

3. Error & Omission or Professional Liability Insurance

The Insurer will pay on behalf of any Insured all Damages resulting from any Claim for any Breach of Duty of the Insured.

The policy should be placed immediately after the formation of the JMB.
Writing and Servicing insurance policies for condominiums, apartments and flats requites impeccable skills and knowhow. Insurer with over 100 years history and ACPG had more than 22 years of field experience, we have designed a comprehensive product that would meet your association’s unique needs.

ACPG offer Strata Title Risks Solution: ACPG Beyond Standard (ABS) Package

1. Fire Insurance

2. All Risk Insurance

3. Crime Insurance ( Burglary & Money)

4. Fidelity Guarantee

5. Plate Glass Insurance

6. Machinery Breakdown Insurance

7. Public Liability Insurance

8. Professional Indemnity / Management Liability / Error & Omission (E&O) for Joint Management Body (JMB) or Management Corporation (MC).

Strata Title Liability Insurance Malaysia and Strata Title Risk Insurance Kuala Lumpur Malaysia

For JMB Management Committee Strata Title

Errors & Omissions Insurance Malaysia

Scope of Coverage : To indemnify your council or its member against all claims and legal expenses which may be made against your council members during the period of insurance (claims made basis) for breach of trust, neglect, error & omissions, misleading statement, breach of warranty or authority or other act done wrongfully attempted by council or its members under MCST Act (318) only.

Optional Extension Cover : Security Liability Extension
Scope of Coverage : Extended to include the insured's Legal Liability in respect of any accidental loss or damage to property arising out of and/ or in connection with the security services provided. Provided always that the security personnel / guards shall act as though they were uninsured, observe, fulfill and carry out the duties based on Agreed Standard Operating Procedures and be subjected to the terms of this policy so far as they can apply.

Property Insurance Kuala Lumpur Malaysia

Insurance for Residential Property

There are three main types of policies to protect your property and household goods:-

• Fire - this policy covers loss / damage to your property building and contents caused by fire, lightning and explosion of gas used for domestic purposes only.

• Houseowner - this policy covers your building, including its fixtures and fittings, garages, walls, gates and fences, against several specified risks.

• Householder - this policy covers your household goods only, i.e. the moveable possessions in your property, against specified risks.

If you wish to have comprehensive cover for your property and its contents, you should buy both house owner and householder policies.

Coverage for each type of policy

The table below shows the main perils covered as well as exclusions under the three insurance policies:

Responsibility for Purchase of Insurance

If you are buying a property from a developer, which is under construction, the insurance of the property is the responsibility of the developer. You only need to insure the property upon vacant possession from the developer.

For properties with strata titles such as flats, apartments and condominiums, it is mandatory for the Management Corporation (MC) to purchase fire insurance for the whole building. The individual unit owner is required to pay to the MC his/her respective premium portion. At the same time, if the unit is purchased through a loan, the financier would normally require the unit owner (borrower) to obtain an insurance policy for the unit, leading to a situation of double insurance.

But if you have obtained the loan from a financial institution under bank Negara Malaysia's supervision, borrowers will not have to buy another insurance policy for their units. Instead, these financial institutions will accept the insurance policy already purchased by the MC subject to terms and conditions. In this instance, you need to obtain the individual certificate of the master policy from the MC and present it to your financial institution as evidence of insurance. If your loan is not from a financial institution under the supervision of Bank Negara, you can negotiate with the institution concerned.

What you should know when buying insurance cover for your property Insured value / sum assured?

Ensure your property is adequately insured at all times, and take into account the renovations and enhancements made to your property.

You should also decide on the basis of compensation for loss/damage to your property, whether it is on indemnity or reinstatement basis, and the sum insured shall reflect the choice. When purchasing a householder policy, you must ensure that the sum insured reflects the coverage needed to replace all the contents in your property. You must also declare items that you want to insure specifically to ensure that you get the full compensation in the event of their loss/ damage. You may also take additional coverage for valuable items such as artwork, jewellery, antiques or collectibles - total value of jewellery shall not exceed one third of The Total Sum Insured on Contents.

It is also important to keep documents that show the proof of ownership and the value of items insured. Photographs of your valuable items, if available, may also be very helpful in the event of a claim.

What you should know when making a claim

If your property suffers damage / loss

• You must notify your insurance company in writing with full details as soon as possible

• You must take the necessary measures to mitigate further loss/worsening of the situation.

• If temporary repairs are required to stop further damage, you should ensure that these are carried out immediately and the bills of work done should be kept as part of your claim. An example of temporary repair is to use a waterproof polyethylene/ plastic sheet to cover damaged area to avoid further damage by rain water.

• If the repairs required are of a permanent nature, you should obtain estimates and send them to your insurance company for approval.

Settlement of Claims

The compensation amount depends on the basis of the cover:

• Indemnity basis will pay the cost of repairing the damaged building less the amount for wear, tear and depreciation; or

• Reinstatement value basis will pay the full cost of repairing the damaged building without any deductions for wear, tear or depreciation, provided that the sum covered is adequate to cover the total cost of reinstatement.

In the absence of any special provision, the cover will be on indemnity basis. If you want to be covered on reinstatement basis, your policy should have the relevant clause attached to it.

Excesses, being the amount you have to bear before your insurance company indemnifies you, are applicable for certain perils, such as overflowing of domestic water tanks, windstorm, earthquake and flood claims.

Making a Claim

• You must submit your claim with all supporting information and documents to your insurance company. The more information you have on the damaged items, the easier it will be for your insurance company to assess your claim.

• You should cooperate fully with the adjusters/ investigators appointed by your insurance company to assess your claim.

Fire Insurance Kuala Lumpur Malaysia

The fire insurance policy has Basic Cover as Standard Fire and Special Perils Policy.

BASIC COVER

The basic fire policy covers loss of or damage to residential building, furniture, fixtures and fittings caused by or arising from:

• Damage by fire & lightning

• Damage by explosions of domestic boiler or domestic gas cylinder not forming part of a gas work

• Damage by water or other extinguishing agents used to put out the fire

• Damage resulting from gaining access to a fire

• Smoke damages caused by fire

INTEREST / PROPERTY INSURED

Items that can be insured are:

• Building, renovation

• Furniture, fixtures and fittings

• Personal Effects & Household goods

• Dwellings, Offices, Shops, Hospitals (Located outside the compounds of industrial/manufacturing risks)

• Industrial / Manufacturing Risks

• Utilities located outside industrial/manufacturing risks

• Machinery and Accessories

• Storage Risks outside the compound of industrial risks

• Tank farms / Gas holders located outside the compound of industrial risks

PREMIUM & EXTENSIONS

The basic premium is calculated based on a standard fire tariff rate prescribed by Persatuan Insurans Am Malaysia (PIAM) and is affected by the class of construction of the building and the sum insured.

The basic policy can be extended to cover loss of or damage to property caused by the following peril at an additional premium:

• Riot, strike and malicious damage

• Explosion

• Impact damage by own vehicles and third party vehicles

• Aircraft Impact Damage

• Bursting and / or overflowing of water tanks apparatus and pipes (excluding sprinkler system)

• Bush / Lalang Fire

• Spontaneous combustion

• Storm and Tempest

• Flood

• Earthquake and volcanic eruption

• Damage by falling trees or branches and object there from

Exclusions

The following are excluded from insurance coverage:

• Loss or damage caused by war, civil war and kindered perils

• Loss or damage caused by nuclear activity

• Loss or damage to the stocks in cold storage caused by change in temperature

• Loss or damage due to over-running of electric and/ or electronic machines

Claims

Claims In the event of a fire loss covered under the fire insurance policy, the Insured shall immediately give notice there of to the insurance company. Within 15 days of the occurrence of such loss the Insured should submit a claim in writing giving the details of damages and their estimated values. Details of other insurances on the same property should also be declared.

Fire Consequential Loss Insurance Kuala Lumpur Malaysia

The fire policy only covers physical loss or damage to the property insured but does not cover loss of profit arising from such physical damage. As a result of the loss or damage to the physical assets, the Insured is unable to carry out its planned level of business, thus leading to a fall in gross profits.

The policy is designed to cover during the period of interruption:

CONTINUING OVERHEAD EXPENSES

which have to be met out of reduced earnings such as rent, taxes, interest on debentures, mortgages and loans

INCREASE IN COST OF WORKING

necessarily incurred to overcome or to minimize the effects of damage upon the business such as renting of temporary premises, hiring of machinery or extra labour costs

LOSS OF NETT PROFIT

WAGES of employees not gainfully employed during the interruption period and payments to employees whose services are no longer required
Apart from the policy period, there is also the indemnity period which is the maximum length of time likely to elapse before the loss or damage can be reinstated and the earnings of the business restored to their pre-loss situation.
The sum insured should represent the estimated annual gross profit and correspondingly be increased if the indemnity period is more than twelve months giving due consideration for variations and trends.
To encourage adequate cover at all times, up to 50% rebate of premium is allowed if the estimated profit levels are not achieved.

House Owner and Home Contents Insurance Kuala Lumpur Malaysia

ACPG House Insurance Plan (Building & Home Content) - .....not just a Homeowner or Householder plan, but a plan for Better Extension Coverage..........

The place you called 'Home' is your pride and joy. This ...

'Home' houses all things you hold dear to your heart and that includes your loved ones and their belongings. Naturally, you would do anything to keep this 'Home' safe from harm.

Today, ACPG offers you............

Home Guard Insurance - Fire on Building, Household Goods and Personal Effects.

1) Fire, Lightning, Riot strike and malicious damages only on Content :

• Fire, Lightning, Thunderbolt and subterranean fire.

• Explosion

• Aircraft, other aerial devices and /or articles dropped.

• Impact Damages (By third party's vehicle or animals not belonging to the insured.

• Bursting or Overflowing of domestic water tanks, apparatus or pipes.

• Hurricane, cyclone, typhoon, windstorm.

• Earthquake, volcanic eruption.

• Flood (including overflowing of the sea)

• Riot strike and malicious damages.

2) Included With Full Theft Coverage
(Theft Without Forcible Entry/Exit, Armed Robbery & Burglary) and as below coverage:

3) Extra Features
Loss of Cash - reimbursement up to RM 500.
Replacement of damaged locks and keys - reimbursement up to RM 500.
Coins, medals and stamps collection - reimbursement up to RM 500.
Fire Brigade Charges - reimbursement up to RM 500.
Damage to Freezer Food - reimbursement up to RM 500.
Breakage of mirrors - reimbursement up to RM 500.
Temporary removal of contents - up to 5% of sum insured.
Loss or damage to clothing & personal effects of maid - reimbursement up to RM 250.
Jewellery & Personal Valuables - reimbursement up to 1/3 of sum insured.

* However, for a smoother claim assessment, copy of receipt, if available, should be furnished.

4) Public Liability up to RM 300,000.

5) Worldwide Personal Accident cover up to RM 25,000.

Malaysia Money Insurance Risk Management Services

The policy is intended to protect any business establishment against loss of money

as a result of burglary or robbery.

Definition

Money - Cash, Bank Notes, Currency Notes, Uncrossed cheques other than pre-signed blank cheques, Traveller's Cheques, Uncrossed Giro Cheques, Postal Orders and Money Orders, unused postage and revenue stamps.
Premises - Shall mean the premises specified in the schedule.

Scope of Cover

Money In Transit

Monies in the personal custody of the Insured's authorised employees whilst in direct transit between the premises and bank or post office including money drawn as wages and salaries from the time of receipt until paid out.

Money In Premises

Money in the Insured's premises during and outside normal business hours. However, money in premises outside normal business hours must be secured in locked drawers or locked safes.
Money in Insured's premises contained in locked safes or strongrooms.
Money in locked drawers or cabinets or cash registers.

Damage to Safes or Strongroom

Cost of repair or replacement to the damaged locked safe or strongroom resulting from theft of money or any attempt thereat.

Additional Cover

Subject to payment of an additional premium, the policy can be extended to cover the following :-

Personal accident benefit to unnamed carriers at RM20 per person for a cover of RM10,000 for death and permanent disablement only.

Malaysia Public Liability Insurance Risk Management Services

What You Need to Know

Public Liability Insurance protects an individual and their business in case they are found legally accountable to a third party. In general, it is a medium that guarantees set ...

elements to injured parties under law.
Normally, such policies pay for any legal expenses, penalties resulting from claims and even medical expenses if needed. It only covers third party claims and not claims made by employees, as these come under employees liability insurance.

Should Your Business Have Public Liability Insurance?

Public liability insurance is an umbrella under which a large variety of risks and situations are covered, and any business that deals with the general public takes it out to protect themselves against lawsuits. In today’s litigious society, people are quick to file lawsuits when suffering any loss, damage to their property, or injury due to the negligence of a business. With a greater number of cases going to court, liability insurance has become broader in what it encompasses. The need for businesses to hold public liability insurance has increased over the last few years.

The insurance is essentially voluntary, with the exception of some public events and facilities where the licensing authority makes it mandatory. Additionally, organizations that operate voluntarily with the support of the local council are also required to carry public liability insurance.

Most businesses and organizations are becoming increasingly aware of the potential to be sued and so consider public liability insurance an essential requirement. While it is now included in most business insurance packages like home, shop, restaurant and other insurance packages, it is also sold separately.

Who Needs Public Liability Insurance?

Professionals and business owners are generally the ones at the most risk of being sued, as they deal with a large client base on a regular basis. However, some professionals get greater benefit from taking out a public liability insurance policy than others. Any business, large or small, that interacts with customers at their place of business is at risk of being sued and so should make use of this protection. Also, note that the greater the number of people visiting the venue, the higher the risk.

Considering that just a single claim has the potential to bankrupt a business or a professional, it is best to be protected.

Amount of Coverage & Other Facts

It is common for business owners to take public liability insurance for the amount of RM 1 million, but RM 5 million packages are becoming increasingly popular. With more people willing to take businesses to court for the smallest mistakes, public liability insurance is no longer considered optional. In fact, some sites do not even allow tradesmen or sub-contractors on location unless they carry a Public Liability Insurance Certificate of Currency.

Within Malaysia, public liability insurance is fully portable, meaning it covers an individual from site to site, as long as one continues to work in the same trade. In case of a change of trade, it becomes necessary to inform the insurer or the policy may become void.

Additionally, every tradesman should have their own policy as the head contractor’s policy many not be sufficient. At times, the head contractor’s insurer will make the pay-out on a claim, but then sue the sub-contractor to recover its money. Needless to say, different occupations and situations have different risks, and the insurer must take those into consideration when writing a policy or note them accordingly to ensure that full coverage is provided to the policy holder.

Cost and Coverage of Public Liability Insurance

Public Liability insurance premiums are determined based on a number of different factors, including：
The nature of the business or contract value or sum insured cover amount.
The number of employees and contractors a business has.
At times, they even depend on the business turnover.
The larger the physical premises of a business and the more employees there are, the higher the premiums are likely to be. The insurance rates depending on the insuring company.

Summary

Public liability focuses on civil wrong. The wronged person sues the owner on the basis of incidents of neglect. If the occupier or owner of an establishment is found to be responsible for the harm, damage or injury, the claimant wins and is awarded compensation.

Public liability insurance is without a doubt the most justifiable cost for a business, as in its daily course of public interactions it is under a continuous threat of being sued. A single law suit has the potential to financially ruin a business; public liability insurance offers protection.

Employers' Liability Insurance

Employer's Liability Insurance Policy is designed to provide indemnity to the Insured against his liability at law and claimants' cost for bodily injuries or diseases to Insured's Employees arising out of and in the course of their employment.

Scope of Cover

The Employer's Liability Insurance Policy indemnifies the Insured against liability at law to pay compensation and claimant's costs and expenses in respect of the bodily injury by accident or disease to the Insured's Employees for which he is liable and will in addition to pay all costs and expenses with the Company's written consent.

Contractors' All Risks Insurance (CAR) / Erection All Risks Insurance (EAR)

ACPG offers two types of engineering insurances for construction and erection works. Contractors' All Risks policy (CAR) is used to cover civil works whilst Erection All Risks (EAR) policy is used to cover mechanical and electrical works.

Scope of Cover

Both policies provide the most comprehensive insurance protection on an 'all-risks' basis that generally cover loss or damage due to fire, lightning, water damage, flood, storm/tempest, subsidence, landslide, cyclone, hurricane, earthquake, volcanic eruption, burglary and theft, explosion, spontaneous combustion, heating, fermentation, impact and aircraft damage.

In general, it is possible to extend the standard policy to cover strike, riot and civil commotion, inland transit, overtime, nightwork and express freight expenses, air-freight, cross liability, maintenance
visits /extended maintenance among others.

General policy exclusions are the deductibles stated in the schedule, consequential losses and liquidated damages, wilful act or wilful negligence of any official of the Insured, corrosion, non-observance of trade rules, war and terrorism risks, faulty design amongst others.

Comprehensive General Liability Insurance Malaysia

Introduction :

The Comprehensive General Liability Insurance (CGL) coverage is usually purchased by contractors who undertake contract of works or services for mainly Oil and gas related industry and other industries such as Telecommunication, Power plants, Engineering, IT related etc. per the requirement in the respective contract if and when they are awarded with the contract.

Contractor must produce a CGL Policy to the principal before commencement of works.

Scope of Cover:

The CGL insurance Policy indemnifies the insured against his legal liability for property damage or bodily injury to a third party caused by an accident while carrying out the works which takes place in the coverage territory during the policy period.
CGL coverage is a very broad form and extensions can be granted under the coverage.
In addition, the policy will indemnify the insured for defense costs and expenses incurred in respect of a claim to which the policy applies.
The limit of indemnity is inclusive of defense cost and expenses incurred in respect of a claim to which the policy applies

Policy Form:

CGL Policy form is an occurrence policy form

Automatic Extensions:

• Contractual Liability

• Sudden and Accidental Pollution

• Damage to Principal’s Existing Property

• Excess Automobile Liability

• Cross Liability

• Waiver of subrogation

Additional Extensions as and when required for a Sublimit & for an additional Premium:

• Personal Injury Liability

• Product and Completed Operation

The information provided above is intended as a summary only. For full details of cover, conditions and exclusions please refer to ACPG Insurer Comprehensive General liability Insurance policy wording.

Professional Liability Insurance

Malaysia (PLI)

also called professional indemnity insurance (PII) but more commonly known as errors & omissions (E&O) in the Malaysia, is a form of liability insurance that helps protect professional advice- and service -providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit.

The coverage focuses on alleged failure to perform on the part of, financial loss caused by, and error or omission in the service or product sold by the policyholder. These are potential causes for legal action that would not be covered by a more general liability insurance policy which addresses more direct forms of harm. Professional liability coverage sometimes also provides for the defence costs, including when legal action turns out to be groundless.

Coverage does not include criminal prosecution, nor a wide range of potential liabilities under civil law that are not enumerate in the policy, but which may be subject to other forms of insurance.

Professional liability insurance is required by law in some areas for certain kinds of professional practice (especially medical and legal), and is also sometimes required under contract by other businesses that are the beneficiaries of the advice or service.

Director & Officer Liability Insurance Malaysia

Directors' & Officers' Liability Insurance is very often referred to as D&O Insurance. It is in essence a Professional Indemnity Policy meant for the Management Team of a company. Succinctly put it is a Management Liability Policy. Directors and Officers of companies have various duties and obligations. These duties comprise of Fiduciary Duties, Statutory Duties and also Common Law Duties.

Furthermore, certain provisions in the Companies Act prohibit the Company from indemnifying the Directors unless they are innocent.

Hence, they are susceptible to suits in their personal capacity for various types of possible allegations of wrongful acts. Possible litigants are Shareholders, Creditors, Competitors, Fellow Directors, Public Interest Groups, Employees, Clients and Regulators. The D&O policy is meant to protect directors and officers personal assets in the event of such a claim.

Scope of Cover

The D&O policy usually has two Insuring contracts. The first contract is known as "The Directors & Officers Contract" which provides indemnity to the Director or Officer.

The second contract is known as the Corporate Reimbursement Contract. This cover will trigger when a Director or Officer who has incurred a loss seeks reimbursement from the Company. The Company then can call for the policy to reimburse the amount that it has compensated the Director or Officer.

In addition to these two contracts, D&O policies can also be extended to cover the entity. The two most commonly Entity Extensions found in D&O policies are Entity Employment Practices Liability extension and Entity Securities Claims extension. However, both these extensions are usually offered as sub-limits to the D&O policy.

Why the need for D&O Liability Insurance?

There are many duties that are associated to being a director or officer of the company. The common law requires directors to carry out their duties with care and skill. Directors and officers are considered fiduciaries of companies and thus are responsible for managing the affairs of their organizations. Furthermore, there
are also statutory duties imposed upon the directors. A breach of any of these duties may result in them facing lawsuit brought by the company, its shareholders or in those doing business with the company or worse criminal prosecution including imprisonment and fines.

Under the Company Act, Section 140 (1) prohibits indemnification of a director or officer by a company in respect of negligence, default, breach of duty or breach of trust of which he may be guilty in relation to the company.

As such, the best protection is to insure against these potential liabilities.

What is covered?

D&O policy provides financial protection to the individual directors and officers of a company for wrongful acts. It protects these individuals from personal liability in the event of a claim or lawsuit against them claiming wrongdoing in connection with the company’s business. It also provides for the cost of defence, investigating, monitoring of any claim or proceedings and appeals incurred with the written consent of the insurer.

Who sues Directors or Officers?

• Shareholders

• Employees

• Creditors

• Regulators, Authorities

• Competitors

What to do in the event of a claim?

The insured shall give notice in writing to the insurance company immediately of any claim made against the Insured or the discovery by the Insured of any loss, or any circumstances of which the Insured becomes aware which are likely to give rise to such a claim or loss.

The insured shall not admit liability for or settle any claim or incur any costs or expenses in connection therewith without consent of the insurer.

Malaysia Errors and Omissions Insurance Risk Management Services

Professional Indemnity Insurance Malaysia

Anyone providing professional services has a duty to ensure that both their clients and third parties do not suffer any financial losses as a result of the services provided.

In the event that a service provider causes a loss, he or she is liable in law to compensate the person/s who have suffered a loss.

Normally the victim would have to establish negligence on the part of the service provider in order to succeed in a claim.

Professional Indemnity Insurance is a solution for service providers to transfer the risk of being sued for a mistake that they might make.

Traditionally professionals like Architects, Engineers, Accountants, Doctors, Lawyers, Surveyors and Valuers often purchase Professional Indemnity policies.

Professional Indemnity policies like most other liability policies are written on a ‘Claims-Made Basis’.

Scope of Cover

Unlike other general liability policies, Professional Indemnity policy normally provides indemnity to the Insured against financial losses only arising from the provision of professional services. Indemnity for defense costs and expenses is also provided.

However, in certain circumstances the policy will cover losses arising from Bodily Injury and Property Damage. For instance the Engineers' Professional Indemnity Policy will only respond to claims arising from Bodily Injury or Property Damage as a result of negligence on the Engineers part in discharging their Professional Services.

Product Liability Insurance Malaysia

Who needs Product Liability Insurance?

If you are a manufacturer, vendor, supplier, retailer or an exporter, you are exposed to the risk of product liability claims. Product Liability Insurance will protect you against claims resulting from a personal injury or damage to property caused by your product or services to another person or business.

What is covered?

Product Liability Insurance provides cover for:-

1. indemnifies the Insured against all sums which the Insured shall legally liable to pay as damages in respect of accidental bodily injury or loss of or damage to property caused by the insured products or goods

2. legal costs and expenses incurred in the defence and / or settlement of claim brought against the Insured, with the written consent of the insurer.

What to do in the event of a claim?

The insured shall give notice in writing to the insurance company immediately of any claim made against the Insured or the discovery by the Insured of any loss, or any circumstances of which the Insured becomes aware which are likely to give rise to such a claim or loss.

The insured shall not admit liability for or settle any claim or incur any costs or expenses in connection therewith without consent of the insurer.

Product Liability Insurance is designed to indemnify the manufacturer or supplier of the 'defective' product against losses resulting in bodily injury or property damage arising from the use of the 'defective' product. It also pays for the litigation costs and expenses incurred in the defence of a suit provided prior written consent of the Insurance Company is first obtained.

Generally, product liability claims arise from the following three core causes :

• Design Defect

• Manufacturing Defect

• Marketing Misrepresentation

Scope of Cover

Product Liability Insurance is commonly written in a ‘Claims-Made Basis’ form.

It is a liability policy, which will indemnify the Insured against all losses arising from the consumption or use of the product giving rise to the following:

• accidental bodily injury

• accidental damage to property

• any legal expenses incurred by the Insured in defending legal proceedings with the Company's written consent

Fidelity Guarantee Insurance Kuala Lumpur Malaysia

will indemnify employers against direct loss of money or other property resulting from acts of fraud or dishonesty committed by their employees.

However, there are exceptions: -
The Policy does not cover: -
(a) Losses discovered more than 6 months or more after the expiry of the Policy or the termination of the service of the employee concerned
(b) Defaults of an employee occurring after previous acts of dishonesty by the same employee have been discovered or suspected
(c) Losses occurring after there has been a change in the system of Supervision and check exercised over the employees and their accounts which has not received the Company's prior approval
(d) Cash or stock shortages not caused by fraud or dishonesty or trading losses, which cannot be accounted for.

Basis of Insurance

Named Employees identified by name can be guaranteed for a specified amount each or a single sum Employees covering two or more employees.
Unnamed Employees may be identified in groups according to their category of employment.

Employees You may include all of your employees with a single overall limit of guarantee (referred to in the proposal as the 'blanket' basis) or you can guarantee employees in specified categories only with a separate amount of guarantee applying to each category (the 'positions' basis.

ALL of the employees in a defined category are to be covered and the employer is required to provide an estimate of the MAXIMUM number of employees in each category that he expects to be working at any one time during the period of insurance.

At renewal the employer must provider details of the actual MAXIMUM number of employees in each category during the previous period of insurance.
Premiums Premiums vary according to the nature of the business, the nature of the employee's duties and the amount of the guarantee. A quotation will be given on receipt of a completed form.

References The Policy is issued usually on the basis that the employer takes up references before engaging new staff. In certain circumstances the Company may perform this service for a fee.

ACPG Principal Insurers is one of the panel insurance companies appointed and approved by the Ministry of Human Resources to underwrite the Foreign Workers Compensation Scheme (FWCS). The FWCS was created to protect the interest and welfare of all foreign workers in Malaysia. This scheme provides for the payment of compensation benefits to a foreign worker who possesses a valid employment document for injuries sustained due to accident which arises out of or in the course of employment or if the death results from the accident.

The Workmen's Compensation Act 1952 was amended in August 1996 - Section 26(2) of the Amended Act deems it mandatory for each employer to insure all the foreign workers employed by him in respect of any liability he may incur under the Workmen's Compensation Act 1952.

Scope of Cover

1. ACCIDENTAL DEATH

   Up to RM25,000.00 In the event of death of the insured Foreign Worker resulting from personal injury due to accident in the course of employment. RM23,000.00 - In the event of death of the insured Foreign Worker resulting from personal injury due to accident after working hour.

2. PERMANENT TOTAL DISABLEMENT

   A sum of RM23,000.00 in the event of permanent total disablement occurring within 12 months of the accident.

3. PERMANENT PARTIAL DISABLEMENT

   A sum of money based on the capital sum of RM23,000.00 calculated in accordance with the First Schedule of the Workmen's Compensation (Amendment) Act 1996.

4. TEMPORARY TOTAL DISABLEMENT

   A sum of money calculated in accordance with Section 8(e) of the Workmen's Compensation Act 1952.

5. MEDICAL EXPENSES

   In accordance to the provisions of Workmen's Compensation Act 1952.

6. OCCUPATIONAL DISEASE

   As per Second Schedule of the Workmen's Compensation (Amended) Act 1996.

7. REPATRIATION EXPENSES

   The repatriation expenses shall be the actual expenses incurred or RM4,800.00 whichever is the lesser, for the transportation of the insured Foreign Worker to his/her country of origin in the event he/she dies or suffers permanent total disablement.

Foreign Workers Compensation Scheme (FWCS) Insurance

Scope of Cover

The amount of guarantee varies according to nationalities
e.g.: RM250.00 for each Indonesian and RM500.00 for each Bangladeshi. Append below the circumstances under which the BG or IG may be called by the Immigration Department :

1. Breach of Section of the Immigration Act of Malaysia

2. If worker get married/become pregnant during her stay

3. If worker remains in Malaysia after the expiry of permit or visa

4. If the employer fail to provide air passage for the worker to his country of origin upon expiry of permit/visa

5. If the employer fails to provide costs of transportation for the worker mortal remains to his country of origin

6. If the employer refuses to pay the worker's salary

7. If the worker involved in illegal and illicit activities, such as drug, immoral work and others

8. If the worker engages in any of employment paid or unpaid or in any business or any occupation or activity detrimental to security and well being of Malaysia

FOREIGN WORKERS INSURANCE GUARANTEE Policy (FWIG)

Foreign Workers Insurance Guarantee is a guarantee required by Immigration Department from Employers as a security deposit for the employment of foreign workers in various sectors.

The amount and the period of guarantee are pre-determined by the Department. They will be based on the nationality of the workers.

The amount of guarantee ranged from RM 250.00 to RM 3,500.00.

The duration required ranged from thirteen (13) to thirty six (36) months. The most common duration required is eighteen (18) months.
The guarantee will be called by the department if the repatriation of the workers becomes necessary.
FOREIGN WORKERS COMPENSATION SCHEME (FWCS)

Under Section 26 the Workmen’s Compensation (Amendment) Act 1996, it is mandatory for Employers to insure all the foreign workers employed by them under the Foreign Worker’s Compensation Scheme.

ACPG Principal Insurers is the Panel of Insurers appointed by Labour Dept. to provide Insurance Cover to all foreign workers as provided under the Act.

FOREIGN WORKERS Insurance Policy- PLUS

The Foreign Workers Plus is specially designed to give an additional cover on top of the Compulsory Foreign Workers Compensation Scheme (FWCS).

FOREIGN WORKERS Insurance Policy- PLUS

The Foreign Workers Plus is specially designed to give an additional cover on top of the Compulsory Foreign Workers Compensation Scheme (FWCS).

Foreign Workers-Plus Coverage
This Foreign Workers Compensation Scheme Plus Policy covers the Insured Life/Lives who are foreigners holding valid work permit against bodily injury caused by violent, accidental, external and visible means, which injury shall solely and independently pf any other cause result in the following losses, benefits of which are payable as specified in the Schedule:

i) DEATH
occurring within twelve calendar months of bodily injury due to an accident.

ii) PERMANENT DISABLEMENT
occurring within twelve calendar months of bodily injury due to an accident. The percentages are as stated in the scale under the Scale of Benefits.

iii) MEDICAL AND SURGICAL EXPENSES
reimbursement on the actual, necessary and reasonable medical, hospital or surgical expenses incurred in the treatment of injuries resulting from an accident, provided such treatment is received from qualified medical practitioner or whilst confined in a government or licensed private hospital.

Foreign Workers Insurance Guarantee Malaysia (FWIG)

All employers have to either place cash or obtain an Insurance Guarantee (IG)/Bank Guarantee (BG) in favour of the Immigration Department for each worker they employ. The employers, especially those who employ a number of workers normally obtain the IG/BG from insurance companies rather than placing cash or using their own Bank facilities.

All employers have to either place cash or obtain an Insurance Guarantee (IG)/Bank Guarantee (BG) in favour of the Immigration Department for each worker they employ. The employers, especially those who employ a number of workers normally obtain the IG/BG from insurance companies rather than placing cash or using their own Bank facilities.

Foreign Workers Hospitalization & Surgical (FWHS/SKHPPA)

Zurich is in the panel of insurers approved by the Ministry of Health to provide the new Skim Kemasukan Hospital & Pembedahan Pekerja Asing (SKHPPA) or also known as Foreign Worker Hospitalization & Surgical Insurance (FWHS) which was made mandatory with effect from 01 January 2011.

This scheme provides foreign workers a cashless admission into a Non-Corporatised Malaysian Government Hospital. The hospitalization and surgical benefits is as charged in accordance to charges consistent with Third (3rd) Class Room and Board to a maximum of RM60.00 per day in conformance to charges specified under Fees Act 1951, Fees (Medical) Order 1982 up to a maximum overall annual limit of RM10,000.00 against accidental injuries and illnesses. The cashless admission will be administered by a Third party Claims Administrator (TPCA) approved by the Ministry of Health.

The annual premium inclusive of TPCA fees is RM120.00 per worker and it is sold on a Cash-Before-Cover basis as mandated by the Ministry of Health.

Scope of Cover

It covers hospitalisation and surgical charges incurred by the foreign worker in the event of hospital admission to a non-corporatized Malaysian Government Hospital due to an Accident or Illness. The description of coverage as illustrated below :

IMPORTANT NOTE

All benefits payable for any number of disabilities in any one given period of Insurance is subject to the Overall Annual Limit of RM10,000.00 per Insured Person.

Engineering Insurance Kuala Lumpur Malaysia

Scope of Cover
The policy is designed to cover explosion (the sudden and violent rending or tearing apart of the permanent structure of a boiler or other apparatus by force of internal steam or fluid pressure) and collapse (the sudden and dangerous distortion of any part of a boiler or other apparatus by bending or crushing caused by steam or fluid pressure).

Among covers provided by the policy are damage to the boiler or other apparatus described in the schedule, damage to auxiliaries and surrounding property e.g. buildings and machinery, liability of the Insured at law for fatal or non-fatal injuries sustained by any non-employee, liability of the Insured at law for damage to property belonging to third parties. The policy can also be extended to cover inland transit, extra cost for overtime, express delivery and airfreight.

General policy exclusions include defects due to wearing away or wasting of materials, grooving or fracturing whether by leakage corrosion or by fuel action, failure of individual tubes in boilers of water tube, damage to Insured's property caused by fire whether resulting from explosion or any other cause whatsoever, loss sustained by stoppage of work, loss or damage arising out of hurricane, cyclone or other convulsion of nature, any kind of consequential losses.

Boiler & Pressure Vessel Insurance

A boiler or pressure vessel stores substantial energy which on being released by explosion causes extensive damage and sometimes injury. Therefore protection is needed against serious consequences of a major boiler or pressure vessel explosion.

This policy provides coverage for Boiler or Pressure Vessel caused by and solely due to explosion of any boiler or pressure vessel insured whilst in the course of ordinary working.

Boiler and Pressure Vessel Insurance
Boilers, steam apparatus and other pressure vessels may be insured on its own through the Boiler Explosion policy. A boiler stores up substantial energy, which when released by explosion, can cause extensive damage and sometimes bodily injury.

Civil Engineering Completed Risks Insurance

This policy provides cover for loss or damage to completed civil engineering properties or structures such as road, bridges, tunnel, dam etc. Coverage is only granted for material damage to the structures insured and only repair costs are indemnifiable.

The policy covers the following perils:

• fire, lightning, explosion, impact by land borne/water borne vehicles

• impact of aircraft, aerial devices

• earthquake, volcanism, tsunami

• Storm

• flood, inundation, wave action, water

• subsidence, landslide, rock slide

• frost, avalanche, ice

• Vandalism

Contractor's All Risks Insurance Policy

Contractor's All Risks

This policy is designed to provide protection against loss or damage in respect of the contract works at contract site and third party claims arising in connection with the construction of a project.

With additional premium, the cover may include Construction Plant and Equipment, Construction Machinery, Removal of Debris, Professional Fees and Principal’s Existing Property.

Duration of cover corresponds with the contract period which is stipulated in the Letter of Award.

Contractors' Plant & Machinery Insurance

This policy provides coverage for the plant and machinery used by the contractors at the site for various projects. It provides protection against loss or damage from any cause not specifically excluded in a manner necessitating repair or replacement.

The sum insured should equal to the cost of replacement of the same kind and capacity via cost of replacement including freight, dues and customs duties plus cost of erection.

a) Deterioration of Stock In Cold Storage Insurance

This policy provides coverage against loss due to deterioration of stock in the cold-storage rooms following from material damage to the refrigeration plant which is indefinable under the Machinery Breakdown Insurance.

b) Electronic Shield Insurance
This policy provides protection against loss or damage to equipment which are electronically dominant.

The policy comprises 3 sections as follow:
SECTION 1 MATERIAL DAMAGE COVER
Cover all electronic equipment against all unforeseen and sudden physical loss or damage to the insured items which have not expressly excluded.

SECTION 2 DATA MEDIA COVER
Cover the Data Media such as disks and tapes external to the computer system due to material loss or damage which is indemnifiable under Section 1 of the policy.

SECTION 3 INCREASED COST OF WORKING
Provide indemnity for additional expenditure incurred for cost of hiring equipment following material loss or damage which is indemnifiable under Section 1 of the Policy.

Erection All Risks Insurance (EAR)

The policy covers all kinds of erection and testing on individual machine, industrial machinery, industrial plants, steel works and/or structure as well as third party property and/or bodily injury arising in connection with the erection work.

The cover may include Civil Engineering Works, Equipment for Erection, Removal of Debris, Professional Fees and Principal’s Existing Property.

Duration of cover corresponds with the contract period which is stipulated in the Letter of Award.

This policy is designed to provide coverage for loss of gross profit due to business interruption caused by an accident indefinable under Machinery Breakdown Insurance. The loss of gross profit is as a result of reduction in turnover due to decreased production and increased cost of working.

Boiler & Pressure Vessel Insurance

Loss Of Profit Following Machinery Breakdown Insurance

A boiler or pressure vessel stores substantial energy which on being released by explosion causes extensive damage and sometimes injury. Therefore protection is needed against serious consequences of a major boiler or pressure vessel explosion.

This policy provides coverage for Boiler or Pressure Vessels caused by and solely due to explosion of any boiler or pressure vessel insured whilst in the course of ordinary working.

Machinery Breakdown Insurance

Scope of Cover

The Machinery Breakdown Insurance policy covers sudden and unforeseen physical damage or loss due to any accidental electrical or mechanical breakdowns to the Insured machinery whilst being at work or rest and during any cleanup, inspection, overhauling or subsequent re-erection and removal to another position within the premises.

The policy provides cover in respect of faulty material used in the machinery, faulty design, construction or erection, bad workmanship, lack of skill, carelessness, shortage of water in boilers, defective lubricant, loosening of parts, stress, molecular fatigue, heating, tearing apart due to centrifugal force, explosion / implosion, electrical faults like excessive voltage or short circuits, faulty insulation of wires, failure of connected machinery, failure of safety devices and obstruction or entry of foreign bodies into the machine.

Some of the policy exclusions are loss or damage caused by faults or defects existing at the commencement of the policy, fire, lightning, explosion (other than disruption of turbines, transformers, switchgear etc.), theft / burglary, collapse of building, flood, storm, earthquake, subsidence and landslide, impact due to aircraft/aerial devices, water damage, consequential loss or liability, wear and tear erosion or rust resulting from natural or ordinary usage or gradual deterioration, parts not made of metal (other than insulators of electrical conductors) or exchangeable parts and tools e.g. belts, ropes, wires, chains, tyres, rubber and glass and operating media e.g. lubricants, fuels, catalyst, deductibles applicable, loss or damage for which the manufacturer or supplier is responsible either by law or under contract, wilful act or gross negligence of Insured / representative, war risk, terrorism, riot, strike, civil commotion, government destruction / confiscation and nuclear risks.

Subject to underwriting, the policy can be extended to cover for strike, riot, civil commotion; overtime, nightwork and express freight, air freight, surrounding property and third party, flue gas explosions in boilers and furnaces, where applicable.

This policy provides insurance cover for sudden and unforeseen physical damage or loss to the insured machine whilst either at work or rest and during cleaning, inspection, overhauling or removal to another position within the premises. It covers all "accidental" damage or loss from any causes except those specifically excluded in the policy.

All plants and machinery are vulnerable to breakdown or damage irrespective of their quality or reliability. In addition to this, a small disaster e.g. fracture of a flywheel may result in a loss affecting several machines, with high replacement/repair costs.

Machinery Breakdown Loss of Profits (MBLOP) Insurance

Scope of Cover

With increasingly sophisticated machinery and longer delivery periods from manufacturers, any such interruption is a cause of great concern to the owners especially when the cash flow dries up, standing charges are not met, wages and creditors remain to be paid and shareholders looking for a profit, a situation which this Loss of Profits policy is designed to remedy.

The Machinery Breakdown Loss of Profits Insurance is an optional cover that could be purchased to supplement the Machinery Breakdown insurance. It protects the loss of gross profits and/or increased cost of working due to a continuing interruption to business caused by a breakdown covered by the Machinery Breakdown insurance. The interruption usually comes in the form of time spent in arranging repairs, awaiting delivery of repaired or replacement parts (sometimes from overseas), starting up the plant and reactivating the business.

The Electronic Equipment Insurance is a product specially designed to provide an 'all risks' accidental damage cover to most electrical and electronic systems such as information technology systems, electronic medical equipment, computers and communication equipment, research and laboratory equipment, traffic and navigation systems among others.

Scope of Cover

Cover is for sudden and unforeseen damage or losses which physically affect the subject matter insured due to fire, lightning, explosion, failing aircraft, smoke, soot, corrosive gases, water and humidity, failure of air conditioning, short circuit and other electrical causes, design, manufacturing, assembly and erection faults, defects in casting and material, workshop errors, bad workmanship, faulty operation, lack of skill, gross negligence, malicious acts of workmen, employees, third parties, burglary, frost etc.

Standard policy exclusions are war or warlike operations, terrorism, civil commotion of any kind as well as acts on the part of strikers and locked-out persons, wilful acts or wilful negligence on the part of the insured or of his representatives, faults or defects for which a third party (supplier) is responsible either by law or under contract (losses covered by warranty), wear and tear, failure or interruption of gas, water or electricity services (certain exceptions being possible in special cases), aesthetic defects, e.g. scratches on painted, polished or varnished surfaces, consequential loss and liability of all kinds (with the exception of additional expenses for computer operation)

Some of the extensions available are strike, riot and civil commotion, overtime and express freight expenses, airfreight, theft, mobile and portable equipment, earthquake, hurricane, cyclone and typhoon, full replacement value, fire, lightning, explosion and impact of aircraft, flood, inundation, storm or tempest, air-conditioning, lightning and over-voltage protection devices, cover for additional expenditure incurred for re-programming and transport, cover for additional expenditure for the restoration of IT system etc.

Deterioration of Stock Insurance

Scope of Cover

The Deterioration of Stock insurance is designed as a cover against deterioration of stock in cold storage due to a breakdown of the refrigerating plant / machinery as a result of any material damage to the refrigerant plant which is indemnifiable under the Machinery Breakdown Insurance. The mechanical damage or failure of electrical supply under certain conditions can cause the rise or fall in temperature, allow unforeseen escape of refrigerant gas or result in incorrect storage temperature in controlled environment.

Some of the standard exclusions of our policy are the excesses applicable, loss due to shrinkage, inherent defects or disease, natural deterioration/ purefaction, improper storage, damage to packing material, insufficient circulation of air, non-uniformity of temperature, temporary repair of the refrigeration machinery without the Insurer's consent, consequential loss, penalties for delay, war risks, nuclear radioactive contamination, wilful act and negligence, fire lightning, chemical explosion, aircraft damage, theft, collapse of a building, flood, convulsion of nature.

Where applicable and subject to underwriting, the policy can be extended to cover deterioration to the stock due to failure of public or non-public power supply.

Storage Tank Insurance

Storage Tank Installation Insurance

Scope of Cover

The Storage Tank Installation Policy provides protection against sudden and unforeseen physical loss or damage to storage tanks caused by bursting, splitting, rupture or collapse. The Policy can be extended to cover loss of contents contained in the storage tanks.

Some of the standard policy exclusions are fire, lightning, flood, chemical explosion, aircraft, earthquake, hurricane, strike, riot and civil commotion, Wear and tear, wearing away, wasting of the material, gradual deterioration or the cost of rectifying property which is defective in design, material or workmanship, subsidence or other ground movement or displacement, cost of re-levelling any tank unless necessitated solely by accident causing indemnifiable damage to the said tank, war, civil war or nuclear risks, gradual losses by seepage, evaporation or any form of normal trade loss, all consequential losses whatsoever, e.g. caused by pollution of the environment, removal of escaped products or damage to surrounding property.

Fidelity Guarantee Insurance Kuala Lumpur Malaysia

Covers well established organisations, i.e. organisations or firms with proper accounting procedures, full annual audit and effective systems of check and supervision.

Scope of Cover

Indemnifies employers against loss of monies, negotiable instruments or goods belonging to the employer or for which they are responsible as a result of the dishonesty of their employees.

The acts of fraud or dishonesty must be committed:

• during the period of insurance

• during the uninterrupted continuance of employment of the said employee
  in connection with the occupation and duties of the said employee
  

The acts of fraud or dishonesty must be discovered during either:

• period of insurance

• not later than 3 months after termination of the policy

• not later than 6 months after termination of employment of such employee
  whichever event shall first happen

Named Basis

Covers individual persons named in the policy for a specific amount.

Position Basis

Covers named positions eg cashiers, company secretary, accountant, storekeeper, etc without names of employees being indicated. This avoids the necessity to amend the policy following staff changes. The sum insured is a specific amount corresponding to the position and subject to an aggregate limit per period of insurance.

Blanket

Covers all employees irrespective of positions held and an indemnity up to a stated amount in respect of acts of one or more employees. The sum insured is fixed for anyone loss and in the aggregate anyone period of insurance.

Performance Bond Insurance Policy Kuala Lumpur Malaysia (Insurance Guarantee)

Bond

Bond is an instrument to guarantee the performance of the Contractor in fulfilling the contractual obligations/ responsibilities as required by the Principal (in a construction or construction-related contract).
In the event of default of the said contractual obligations/ responsibilities by the Contractor, the Principal shall be entitled to demand the amount of the Bond and the Insurance Company shall pay the said amount guaranteed accordingly. The Insurance Company, in turn, shall recover the losses from the Contractor and the guarantors.
Bond can be issued either in the form of a Bank Guarantee or an Insurance Guarantee.

Tender Bond

This is required by a Contractor in connection with the submission of tender for a contract job to the Principal.
The purpose of the Bond is to guarantee the Contractor submits a bone-fide tender, stands by it, and is capable of providing a Performance Bond in the event the said Contractor's tender is accepted by the Principal.

Performance Bond

This is required in the event a Contractor's tender is accepted by the Principal and a Letter of Award is issued.
The purpose of the Bond is to guarantee the Contractor is able to fulfill the contractual obligations towards completion of the contract.

Advance Payment Bond

This is required in the event a Contractor is applying for an advance payment from the Principal to help funding the preliminary costs and mobilization works of the contract.
The purpose of the Bond is to guarantee the Contractor is able to make repayments for the advanced money. The mode of repayment is through deduction/recoupment from subsequent progress payments, the quantum of which is determined by the Principal.
This type of Bond is only applicable for Government contracts only.

Contract Guarantee / Bond Insurance

Bonds, which may be required in almost every sphere of inter-personal and inter-corporation transactions, are very wide in scope. Generally speaking, it is not a form of insurance business but because of the fact that insurance companies are financial institutions, their bonds are acceptable, hence the involvement of insurance companies in bonding business, particularly those bonds which can generate other classes of insurance business for example, bonds business which are secured together with other project insurances like the Contractors'/Erection All Risks, Public Liability and Workmen's Compensation insurance.

Under the PIAM Bond Underwriting Guidelines, the total bond business which an insurer can underwrite is limited to 5% of the total gross premium of the company based on the previous financial year (not restricted to new business only but can include extension of existing contracts, i.e. on total).

There are certain peculiar features in Bonds:

• A bond once issued, is non-cancellable before its expiry date.

• All bonds issued to contractors for government projects are demand bonds and are worded in such a way that they can be invoked by the holder of the bond without any reason and explanation. The Insurer is obliged to pay upon demand notwithstanding any dispute or protest by the contractor or insurer or any third party.
  

The most common types of bonds in use in connection with the construction industry are:

• Bid or Tender Bond

• Performance Bond

• Advance Payment Bond (for government contract only)

Electronic Equipment Insurance (EEI)

The mechanical damage or failure of electrical supply under certain conditions can cause the rise or fall in temperature, allow unforeseen escape of refrigerant gas or result in incorrect storage temperature in controlled environment.

Provides protection against sudden and unforeseen physical loss or damage to storage tanks caused by bursting, splitting, rupture or collapse. The policy can be extended to covers loss of contents contained in the storage tanks and must be directly resulting from any material damage to the storage tank which is indefinable.

With increased needs for bulk storage capacities for liquid or semi liquid raw materials and finished goods, large tank storage facilities and tank farms are not uncommon in many industrial complexes.

The invariably high values of the tanks and the stored commodities therein, such as petrochemicals, chemicals, oleo chemicals, palm oil, latex and various other materials coupled with the fact that rising costs of materials, labour and transport are leading to more expensive repairs and replacements, it is quite evident why a specially tailored Storage Tank Installation policy should be given due consideration.