Reinstatement Value Claim with Underinsurance in a Pharmaceutical Plant
A pharmaceutical manufacturer insures its plant and machinery under a Standard Fire and Special Perils Policy with a Reinstatement Value Clause. The sum insured is Rs 6 crore. At the time of a fire in the granulation section, the total reinstatement value of all machinery at risk is Rs 9 crore. The fire damages a granulation line. The surveyor assesses the reinstatement cost of the damaged machinery at Rs 2.4 crore, including freight and erection. The damaged machinery is eight years old and its depreciated market value is Rs 1.1 crore. The policy carries a 5% excess on each claim and requires reinstatement to be completed within 12 months. The insured has not yet placed any replacement order. A debris removal claim of Rs 15 lakh is also submitted; the policy contains the standard debris removal clause. The insured argues that because reinstatement value was declared, the claim must be paid on that basis immediately.
1. On what basis should the surveyor assess the machinery loss, and how should the Reinstatement Value Clause affect the recommendation at this stage?
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Basis. The policy is on reinstatement value, so the starting measure is the cost of reinstating the damaged granulation line to its pre-loss condition, not the depreciated market value. The surveyor should verify the Rs 2.4 crore figure against quotations, freight, erection and any betterment.
Conditional nature. The RVC is not an unconditional promise to pay new-for-old. It is conditional on reinstatement being carried out within 12 months. Since no replacement order has been placed, the surveyor should assess on reinstatement basis but recommend that final payment be conditional on proof of reinstatement. An on-account payment may be considered on market value (Rs 1.1 crore) without prejudice.
Average. Because the sum insured (Rs 6 crore) is less than the reinstatement value of all machinery at risk (Rs 9 crore), the average clause applies: 6/9 = 2/3. The surveyor must apply it to the admissible loss, not ignore it because RVC was chosen. The insured's argument that declaration of reinstatement value requires immediate payment is incorrect.
2. Compute the admissible claim, taking into account the debris removal clause and the 5% excess. State any assumptions.
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Step 1 - material damage. Reinstatement cost of damaged machinery = Rs 2.40 crore.
Step 2 - debris removal. The standard clause caps debris removal at 1% of the sum insured. 1% of Rs 6 crore = Rs 6 lakh. Against the claim of Rs 15 lakh, only Rs 6 lakh is admissible.
Step 3 - total before average. Rs 2.40 crore + Rs 0.06 crore = Rs 2.46 crore.
Step 4 - average. 6/9 = 2/3. Admissible before excess = Rs 2.46 crore x 2/3 = Rs 1.64 crore.
Step 5 - excess. Assuming the policy excess is 5% of the admissible claim: 5% of Rs 1.64 crore = Rs 8.20 lakh. Net payable = Rs 1.64 crore - Rs 8.20 lakh = Rs 1.558 crore (approximately Rs 1.56 crore).
Assumptions. The debris limit is 1% of SI as in the standard clause; the excess is 5% of claim, not 5% of SI; no other deductibles apply; the Rs 2.4 crore is verified and contains no betterment. If the policy excess is 5% of SI, the result changes and must be recomputed.
3. What should the surveyor report if the insured does not reinstate within 12 months?
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The surveyor should record that the condition precedent for RVC has not been met. The claim then reverts to indemnity basis, i.e. depreciated market value. For the damaged line, the starting point is Rs 1.1 crore.
However, the surveyor must not mechanically apply the earlier 6/9 average. The average clause compares the sum insured with the value of the whole property on the basis of settlement. If settlement is on market value, the surveyor should obtain the market value of all machinery at risk and compare that with Rs 6 crore. If the sum insured is adequate on that basis, no average applies; if not, average applies proportionately.
Debris removal, if still admissible, should be added subject to the 1% cap. The excess applies. The surveyor should also recommend a reservation of rights and ask the insurer to decide whether to grant an extension. Any interim payment already made on market value should be adjusted.