FFFEFI001-Q-0518
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14. Reinstatement
The Company may at its option reinstate or replace the property damaged or destroyed, or any part thereof,
instead of paying the amount of the loss or damage, or may join with any other Company or Insurers’ in so
doing; but the Company shall not be bound to reinstate exactly or completely, but only as circumstances
permit and in reasonably sufficient manner, and in no case shall the Company be bound to expend more in
reinstatement than it would have cost to reinstate such property as it was at the time of the occurrence of
such loss or damage, nor more than the sum insured by the Company thereon.
If the Company so elect to reinstate or replace any property the Insured shall, at his own expense, furnish the
Company with such plans, specifications, measurements, quantities, and such other particulars as the Company
may require, and no acts done, or caused to be done by the Company with a view to reinstatement or
replacement shall be deemed an election by the Company to reinstate or replace.
If in any case the Company shall be unable to reinstate or repair the property hereby insured, because of any
municipal or other regulations in force affecting the alignment of streets, or the construction of buildings, or
otherwise, the Company shall, in every such case, only be liable to pay such sum as would be requisite to
reinstate or repair such property if the same could lawfully be reinstated to its former condition.
15. Market Value
In the event of a loss to the property insured (other than stock and building item) herein, the Company shall
pay the insured value or the market value of the insured property, whichever is the lower, subject to the deduction
of any excess and amounts which the insured is required to bear under the policy. For the purpose of this
condition, the term market value shall mean the value of the property insured herein at the time of damage or
loss less due allowance for wear and tear and/or depreciation.
The Market Value of the insured property shall for the purpose of this condition be determined by a valuation
obtained by the Company from the manufacturer, authorised sole agent or agent authorised broker, authorised
distributor or building contractor of the cost of replacement or reinstatement, subject to the application of
appropriate depreciation, of the insured property damaged or lost as it was at the time of the occurrence of
such damage or loss.
In the event that there is, at the time of damage or loss no manufacturer, authorised sole agent or agent,
authorised broker, authorised distributor or building contractor for the insured property, the valuation shall be
obtained from a Loss Adjuster registered under the Financial Services Act 2013 or Registered Valuer under
the Valuers, Appraisers and Estate Agents Act 1981 and to be mutually appointed by both parties. The valuation
of the insured property by the manufacturer authorised sole agent or agent, authorised broker, authorised
distributor, building contractor, Loss Adjuster registered under the Financial Services Act 2013 or Registered
Valuer under the Valuers and Appraisers Act 1981 shall be conclusive evidence in respect of the market value
of the insured property in any legal proceedings against the Company.
16. Subrogation
The Insured shall, at the expense of the Company, do, and concur in doing, and permit to be done, all such
acts and things as may be necessary or reasonably required by the Company for the purpose of enforcing
any rights and remedies, or of obtaining relief or indemnity from other parties to which the Company shall be
or would become entitled or subrogated, upon its paying for or making good any loss or damage under this
Policy, whether such acts and things shall be or become necessary or required before or after his indemnification
by the Company.
17. Contribution
If at the time of any loss or damage happening to any property hereby insured, there be any other subsisting
Insurance or Insurances, whether effected by the Insured or by any other person or persons, covering the
same property, this Company shall not be liable to pay or contribute more than its rateable proportion of such
loss or damage.
18. Average
If the property hereby insured shall, at the breaking out of any fire, be collectively of greater value than the
sum insured thereon, then the Insured shall be considered as being his own Insurer for the difference, and
shall bear a rateable proportion of the loss accordingly. Every item, if more than one, of the Policy shall be
separately subject to this Condition.