Allianz Actif Pro - General Provisions and Guarantees for Professionals
Discover the General Provisions of the Allianz Actif Pro contract, including guarantees, options, and deductibles tailored for professionals. This document is essential for understanding the protections offered by Allianz Mont De Marsan - V FETU EI-C MUL EI-S CARRER EI.
Allianz Actif Pro
General Provisions
Your contract consists of:
- These General Provisions, which group together all the common rules applicable to all contracts; they define the nature and extent of your coverage, as well as the amounts of coverage and deductibles. They also include a glossary titled “Some Definitions” that gathers the definitions of several essential terms for the proper understanding of the contract.
- Particular Provisions that adapt the contract to your personal situation and specify in particular the coverage, options, and deductibles you have chosen. They take precedence over the General Provisions.
- Possibly, annexes referenced in the Particular Provisions defining specific coverage.
Table of Contents
- Some Definitions 5
- Your Insured Property for the “Property Damage” Coverage 11
2.1 Your Professional Premises 11
2.2 The Contents of Your Professional Premises 11 - Your “Property Damage” Coverage 12
3.1 Covered Events 12- Fire and Related Events 12
- Storm, Hail, Snow 12
- Water Damage 13
- Theft/Vandalism 14
- Breakage of Glass and Neon Signs 16
- Electrical Damage 17
- Breakage of Electrical and/or Electronic Equipment 18
- Private Transport 20
- Other Material Damage 21
- Terrorism 22
- Natural Disasters (Article A125-1 of the Insurance Code) 22
3.2 Financial Losses and Additional Costs 23
- Your “Financial Protection” Coverage 26
4.1 Business Interruption Losses 26
4.2 Additional Operating Costs Only 27
4.3 Loss of the Market Value of Your Business 27
4.4 Business Activity Stop 28 - Your “Civil Liability” Coverage 29
5.1 Civil Liability for Fire/Water Damage 29
5.2 Civil Liability for Operations 29
5.3 Professional Civil Liability 33
5.4 Defense of Your Civil Interests 34 - Your Criminal Defense and Recourse Following an Accident 35
- Your Assistance Services 36
7.1 Definitions 36
7.2 Your Assistance Services After a Claim 36
7.3 Your Assistance Services Outside a Claim 38
7.4 Conditions 39
7.5 Exclusions 39 - General Exclusions 40
- Provisions in Case of a Claim 42
9.1 Your Obligations in Case of a Claim 42
9.2 Compensation Procedures 42
9.3 Procedures for the “Civil Liability” Coverage 46
9.4 Expertise 47
9.5 Rescue 47
9.6 Payment Deadlines 47
9.7 Our Rights After Compensation (Subrogation) 47 - The Life of the Contract 48
10.1 Conclusion, Duration, and Termination of the Contract 48
10.2 Your Declarations 49
10.3 The Premium 50
10.4 Particularities 50
10.5 The Geographical and Temporal Scope of Your Coverage 53
11.1 Geographical Scope 53
11.2 “Moving” Insurance 54
11.3 Temporal Scope 54 - Summary Table of Coverage Amounts and Deductibles 55
- Definition of Mechanical Protection Means and Intrusion Detection System 59
13.1 Mechanical Protection Means 59
13.2 Intrusion Detection System (IDS) 60 - Adaptation Clauses for Particular Cases 61
14.1 Common Clauses for “Property Damage” and “Civil Liability” 61
14.2 “Property Damage” Clauses 62
14.3 “Civil Liability” Clauses 63
14.4 Clauses Specific to Certain Activities 65
Annex: Information Sheet on the Operation of “Civil Liability” Coverage Over Time 82
1. Some Definitions
For the application of the contract, we mean by:
- Immediate Surroundings: Courtyards and land adjacent to the insured professional premises as well as any location situated at a maximum distance of 30 meters around said premises.
- Accident (or Accidental Event): Occurred by sudden, fortuitous, unforeseen case. For “Civil Liability” coverage: any sudden, unforeseen event external to the victim or the damaged thing (see also “Environmental Damage”).
- Completion of Services (for “Civil Liability for Operations” and “Professional Civil Liability” coverage): The act of acceptance, with or without reservation, of the services you have performed for others, or failing that, the act that serves as such, such as taking possession.
- Professional Activity(ies): All activities declared in your Particular Provisions. In the case of multiple activities, the main activity is considered to be the one that generates the largest share of your turnover.
- Insurance Year: The period between two annual premium due dates; however:
- if the effective date of the coverage is distinct from the annual due date, the insurance year is the period between this effective date and the next annual due date,
- if the coverage ends between two annual due dates, the last insurance year is the period between the last due date and the expiration date of your contract.
Regarding claims related to the subsequent period provided for in the “Civil Liability for Operations” and “Professional Civil Liability” coverage, the insurance year is understood for all claims presented during this period set at 5 years.
Archives (including media supports): These are the archives related to your profession:
- computer: that is to say all computer supports capable of storing information (floppy disks, tapes, CD-ROMs and other magnetic or digital recordings, USB keys, …), and directly usable by computer equipment. Software and application packages are included in computer archives.
- non-computer: files (including those for study and computer analysis), papers, registers, documents, drawings, photographs, minutes, microfilms, models, molds and patterns, related to your activities.
Insured: “You”, that is to say:
- the company, legal entity in the name of which this insurance contract is taken out, as well as its legal representatives acting in that capacity, notably its President, General Director, or Manager,
- the business owner, natural person acting as a sole proprietor in his personal name and for his own account, subscriber of said contract,
- for the “Civil Liability for Operations” coverage: the works council and its members acting in that capacity.
Environmental Damage (for your “Civil Liability” coverage):
- The emission, dispersion, discharge or deposit of any solid, liquid or gaseous substance released into the atmosphere, soil, and waters,
- the production of odors, noises, vibrations, waves, radiation, or temperature variations exceeding the ordinary neighborhood obligations.
Environmental damage is said to be “accidental” when a sudden and unforeseen event has caused it and it does not occur in a slow, gradual, progressive, or chronic manner.
- Abandoned Building: A building that, due to the duration of its vacancy and lack of maintenance, cannot be used as is and requires significant work to fulfill its function: it consists of closed premises with no possibility of use (openings blocked) or occupied by persons not authorized by you (squatters, vagrants, …), premises intended for demolition or rehabilitation, premises for which a peril, unsanitary, or prohibition of occupation order has been issued by the competent authorities.
Professional Civil Liability
Movable Property
Movable property located within your business premises or in transit belonging to others and which has been entrusted to you:
- either for you to perform a service on these goods,
- or with a view to the execution of a service (for example, parts and documents), falling within the scope of your professional activities as declared in your Particular Provisions.
Turnover
Total amount, excluding taxes, of sums paid or owed by your clients in return for operations falling within the scope of your activities as declared in your Particular Provisions and for which invoicing has been carried out during the period considered.
Consumables
Products, accessories, supplies, and provisions necessary for the operation of the insured goods, which are destroyed through use or which can no longer be reused in the state in which they are found after use.
For example: consumable fluids (lubricants, …), paper, ink ribbons, toner cartridges, needles, …
Maintenance Contract
Intervention contract of a specialized company to maintain and keep the equipment in good working order. This intervention must be planned according to the manufacturer's standards.
Dependencies
Premises (such as attics, lofts, cellars, laundries, cellars, garages, sheds, storerooms, or similar) without internal and private communication with the main premises and located at the same address.
If you have declared it in the Particular Provisions, a completely closed and covered premises not exceeding 100 m² located in your municipality or a neighboring municipality but at a different address from your professional premises is considered a dependency.
Expenses
The fees of the judicial expert, the remuneration of the bailiff for serving, notifying, and executing the judgment, the fees of lawyers, the applicant's fees, stamp duties, and court fees. More generally, the legal costs incurred by the lawsuit, distinct from the fees and costs of the lawyer.
Bodily Injury
Any harm to the physical or mental integrity of a natural person as well as all resulting financial losses.
Environmental Damages
The damages referred to in the European Directive 2004/35/CE and its transposition texts, namely damages affecting soils, waters, and those caused to protected natural species and habitats (EHNP).
Material Damage
Any destruction, deterioration, or disappearance of a thing or substance, any physical harm to animals.
Main Due Date
Start of an insurance year, the corresponding date appears on your Particular Provisions.
Packaging
Shaped or unshaped materials intended for packaging or wrapping (including bottles and pallets).
Explosion – Implosion
Sudden and violent action of pressure or depression of gas or steam.
Funds and Values
Monetary cash, banknotes, checks including restaurant checks, holiday checks, transport checks, and travel checks, coins and bars of precious metals, securities and values, lottery tickets, PMU, game tickets, tax stamps, postage stamps, urban transport tickets, car stickers, phone cards, prepaid cards, held for professional purposes.
Deductible
Amount always deducted from the amount of the indemnity in case of a claim and remaining your responsibility.
Fire
Combustion with flames outside of a normal hearth.
Index
Construction cost index for the Paris region published by the French Federation of Building and Related Activities or by the substituted organization (F.F.B. index).
Vacancy
Complete abandonment of the premises containing the insured goods, by yourself, family members, your employees, and any other person you have authorized to stay. It is specified that the occasional passage of an authorized person (guardian or other) does not interrupt the vacancy.
Real Estate Installations and Improvements
All installations or improvements specific or not to your professional activity (other than furniture and professional equipment as well as electrical and/or electronic equipment as defined below), which cannot be detached from the buildings without being damaged or without damaging the construction, including for example elevator installations, fixed tanks and reservoirs located inside buildings, private heating, air conditioning, fire detection, or intrusion systems in the premises, premises surveillance systems, as well as any floor, wall, and ceiling coverings.
Delivery
(for “Civil Liability for Operations” and “Professional Civil Liability” coverage)
The effective handover to others of products, either definitively or provisionally, and even in case of retention of title as long as this handover causes you to lose your power of use, direction, and control over these products.
It is specified, however, that there is no delivery in the sense of this contract in the case of loan or deposit free of charge.
Software
Set of specific programs developed for the specific needs of a user.
Goods
All objects intended to be transformed or sold (raw materials, semi-finished products, finished products) as well as supplies and packaging related to your professional activity.
Gross Margin
Operating income reduced by variable costs.
Materials Intended for Construction Works
(for your “Civil Liability” coverage)
Any element, substance, or material, regardless of its function, entering into the composition of a construction work.
Portable Equipment
Equipment intended for non-sedentary use, presenting a possibility of autonomous power supply and defined as such by the manufacturer.
Electrical and/or Electronic Equipment
Equipment that participates in your professional activity of which you are the owner or tenant (including in leasing or similar).
They have been grouped into 2 categories that benefit from different compensation modalities.
1st Category: Information Processing Equipment
- management computer equipment, such as: central unit, peripherals, keyboards, screens, printers, modems, readers (of disks, floppy disks, tapes), document scanners,
- office and telematics equipment, such as: copiers, fax machines, payment terminals, franking machines, telephone switchboards and wired or wireless phones, video projectors.
2nd Category: Other Electrical and/or Electronic Equipment
excluding electrical and/or electronic equipment that is part of the defined real estate installations and improvements above.
Laptop Computer
Computer defined as such by the manufacturer.
Professional Furniture and Equipment
All furniture, instruments, tools, machines, and objects, other than electrical and/or electronic equipment, used for the needs of your profession, catalogs, brochures, posters, documents, promotional items, samples, and corporate gifts.
We
Allianz IARD, except for assistance services (see § 7).
Valuable Items
- Jewelry, precious stones, fine or cultured pearls, objects made of solid precious metal with a unit value exceeding €300,
- Furs or art objects such as paintings, statues, statuettes, carpets, with a unit value exceeding €8,000,
- Collections and sets with a total value exceeding €16,000.
Consequential or Non-Consequential Financial Losses
(for your “Civil Liability” coverage)
Any economic damage, such as loss of use, interruption of a service, cessation of activity, loss of profit.
Definitions
Claim
Event likely to trigger our guarantee. For your “Civil Liability” coverage, a claim consists of: any damage or set of damages caused to third parties, engaging your liability, resulting from a harmful act and having given rise to one or more claims. The harmful act is the one that constitutes the generating cause of the damage; a set of harmful acts having the same technical cause is assimilated to a unique harmful act.
Developed Area
It is determined by adding, taking into account the thickness of the outer walls, the area of all levels of the premises used for professional purposes (including dependencies, even those located at another address than the professional premises, garages, cellars, attics, basements, lofts, used or not) and that of modular rigid constructions or structures. Private premises are assimilated to professional premises as long as they do not exceed 50 m² and do not constitute a primary or secondary residence. By exception, no penalty for false declaration will apply in case of error not exceeding 10% of the actual developed area.
Operating System
Program or set of programs installed, solely necessary for the proper functioning of a computer and its peripherals.
Market Value of Real Estate
Sale value just before the claim increased by demolition and debris removal costs, and less the value of the bare land.
Depreciation
Depreciation of the value of an asset caused by time, use, or its maintenance conditions at the time of the claim.
Theft
Fraudulent removal of someone else's property (Article 311-1 of the Penal Code).
You
Refers to the insured defined above.
2. Your Insured Property for the “Property Damage” Coverage
2.1 Your Professional Premises
These are the premises of which you are (co)owner at the address indicated in the Particular Provisions and in which you carry out your professional activity, namely:
- the main buildings or parts of buildings and their dependencies,
- modular rigid constructions or structures,
- solar panels (including photovoltaic) integrated or fixed to the insured building, including overlay,
- real estate installations and improvements.
Along with the buildings, the following are also insured:
- the walls of the enclosure or fence, durable access gates,
- the retaining walls essential to the stability of the buildings,
- the terraces adjacent to your buildings as well as their stairs,
- antennas and satellites fixed on a building,
- tanks, reservoirs, and cisterns, exterior and fixed (buried or not) not used for the sale of fuel, as well as their pipes and pipelines, and compliant with regulations on the storage of flammable liquids and gases, excluding their contents,
- private premises as long as they do not exceed 50 m² and do not constitute a primary or secondary residence.
If you are a co-owner, the building includes the private part and your share in the common areas. If you are a tenant, we guarantee:
- your civil liability regarding these goods under the conditions provided for in the “Civil Liability for Fire/Water Damage” coverage below,
- the real estate installations and improvements executed by you as a tenant (or other non-owner occupant) or taken over with the current lease as long as they have not become the property of the lessor.
In the case of subscribing to the “Complement Plus” annex, if mentioned in the Particular Provisions, the following may also be considered insured property: outdoor improvements, terraces and their stairs not adjacent to the insured real estate, solar panels (including photovoltaic) not attached to the insured buildings.
2.2 The Contents of Your Professional Premises
It includes the goods listed below, whether owned by you or not, and located in your insured professional premises or their immediate surroundings:
- professional furniture and equipment,
- electrical and/or electronic equipment,
- goods,
- furniture, effects, and objects intended for your personal use or that of your employees, excluding valuable items,
- valuable items,
- computer or non-computer archives,
- funds and values.
For goods not owned by you, and notably those entrusted to you in any capacity (rental goods, in leasing, client goods…), we guarantee your civil liability towards their owner for the material damages suffered by these goods, and this, within the limit of the insured capital on these goods and according to the application conditions of the subscribed guarantees. If you are not responsible, we guarantee them, under the same conditions and limits, as long as they are not insured by their owner. When you are required to insure them under a contract (leasing, rental, …), we guarantee them on behalf of their owner, under the conditions and limits provided by this contract.
The contents do not include:
- Motor vehicles subject to mandatory automobile insurance, caravans, and trailers.
- Goods located in a mine or underground gallery, or at sea on a platform.
3. Your “Property Damage” Coverage
We guarantee material damages caused to your insured property, if they follow a covered event provided below (depending on your choices indicated in the Particular Provisions):
3.1 Covered Events
Fire and related events, that is to say:
- fire,
- explosions and implosions of any kind,
- accidental emission of smoke, whatever its origin or cause,
- lightning strikes and elements projected by lightning,
- electrical accidents (including those caused by lightning strikes).
Electrical Supply Installations
Exclusions from Coverage
We do not guarantee under the “Fire and Related Events” coverage, in addition to general exclusions:
- Damages – other than those from fire or explosion – caused to the insured property resulting from their inherent defect, a manufacturing defect, their fermentation or slow oxidation.
- Lightning and electricity damages caused:
- to fuses, lamps, tubes, and electronic components unless the claim affects more than one component,
- to embedded heating cables and resistors.
- Lightning and electricity damages caused to electrical and/or electronic equipment (these damages are covered under the “Electrical Damage” coverage).
- Damages to electrical supply installations and electrical conduits due to wear of these installations.
Storm, Hail, Snow
That is to say:
- the direct action of the wind or the shock of a body overturned or projected by the wind,
- the fall of hail,
- the action of the weight of snow (or ice) falling on roofs, gutters, and downspouts or on trees thus causing their total or partial fall on the insured property.
These phenomena must have an intensity such that they destroy, break, or damage a certain number of well-constructed buildings in the municipality of the claimed risk or in neighboring municipalities.
- avalanches not considered as “Natural Disasters”,
- damages caused by rain, snow, or hail entering the insured premises, due to their partial or total destruction by the direct action of the wind, hail, or snow on the roofs when they occur within 72 hours following the destruction of the premises.
Attention: damages occurring within 72 hours following the moment when the insured property suffered the first damages constitute a single claim.
Exclusions from Coverage
We do not guarantee under the “Storm, Hail, Snow” coverage, in addition to general exclusions:
- Damages caused by the action of the wind to buildings not entirely closed and covered as well as to their contents; however, the coverage remains valid for awnings, hangars, or porches that are part of your professional premises, whose load-bearing elements are anchored in foundations, bases, or buried masonry blocks.
- Damages caused by the action of the wind to buildings whose construction or roofing is not fixed according to the rules of the trade.
- Damages caused by the action of the wind to solar panels (including photovoltaic) not fixed according to the rules of the trade.
- Damages to the contents of your professional premises located outside.
- Damages caused by wind, hail, or the weight of snow to signs, advertising panels, awnings, outdoor tarpaulins, tents, canopies, greenhouses, or garden frames; however, the coverage remains valid for damages caused by the weight of snow or ice on awnings less than 3 years old.
- Breakage of unarmored glass elements or plastic materials fulfilling the same functions, (excluding solar panels including photovoltaic) if it does not result from the total or partial destruction of the buildings (these damages are covered under the “Breakage of Glass and Neon Signs” coverage).
Water Damage
That is to say the water damages caused by:
- One of the following events:
- leaks, breaks, and overflows (and resulting infiltrations):
- from gutters and downspouts,
- from pipes whose access does not require external earthworks,
- from water effect devices (such as washing machines, dishwashers, aquariums…) and heating,
- from automatic water extinguishing installations (sprinklers),
- accidental infiltrations through roofs, skylights, terraces, and balconies functioning as coverings,
- infiltrations through the seals of sanitary installations and through tiles,
- overflows and spills of containers of any kind,
- humidity or condensation (including staining) resulting from one of the above events,
- backflow or clogging of sewers and underground conduits, including when due to runoff water, overflow of rivers or bodies of water (unless these events are classified as “Natural Disasters”, damages will then be covered under this guarantee),
- freezing of pipes, devices, boilers, and installations (including sprinklers) located inside the insured premises. We also cover damages caused by freezing to these pipes, devices, boilers, or heating installations.
- Any event other than those listed above to the extent that the liability of an identified third party against whom we have a right of recourse is engaged.
- leaks, breaks, and overflows (and resulting infiltrations):
We also guarantee:
- damages caused by liquids other than water resulting from leaks, breaks, or overflows of liquid fuel supply pipes (notably heating oil),
- costs incurred for the search for leaks or water infiltration, including restoration inside the insured premises, following a covered event causing costs and damages.
Exclusions from Coverage
We do not guarantee under the “Water Damage” coverage, in addition to general exclusions:
- Repair, unclogging, or restoration costs:
- of gutters, downspouts, roofs, skylights, terraces, and balconies,
- of pipes, water effect devices, heating devices, automatic water extinguishing installations (except in case of freezing as indicated above).
- Damages caused by infiltrations or penetrations of water through windows and doors, through walls and facades (these damages may be guaranteed if the “Complement Plus” annex is subscribed if mentioned in the Particular Provisions), through smoke ducts or ventilation ducts.
- Damages caused directly by runoff water from streams, gardens, public or private roads, as well as by overflow from rivers or bodies of water (these damages may be guaranteed if the “Complement Plus” annex is subscribed if mentioned in the Particular Provisions).
- Damages that fall under the “Storm, Hail, Snow” and “Natural Disasters” coverage.
- Loss of water or any other liquids.
Prevention of Water Damage: Your Obligations During Freezing Periods
You must, if the premises are not heated, to the extent that the installations are under your control:
- drain the central heating installations not provided with sufficient antifreeze,
- stop the water distribution and drain the pipes and tanks.
You have a tolerance of 3 consecutive days for implementing these preventive measures.
Indemnity in Case of a Claim
The indemnity due for this claim will be reduced by 30% if precautions have not been taken (except in cases of force majeure).
Theft/Vandalism
That is to say, subject to the application conditions provided below:
- The thefts, attempted thefts, and acts of vandalism committed inside the insured buildings with break-in of the buildings or with violence or threats against the person(s) present.
- Acts of vandalism committed:
- On the exterior parts of your premises.
- Inside your premises without break-in or without violence or threats.
- Property damages, that is to say, the destruction and deterioration caused to professional premises including the alarm installation following a theft, an attempted theft, or an act of vandalism committed during the intrusion or attempted intrusion.
We also guarantee:
- The thefts, attempted thefts, and acts of vandalism committed on your professional plaque located outside the premises.
- If you practice a health profession on a freelance basis, the theft anywhere outside your premises of your medical bag and its contents, as well as the equipment taken, intended to perform care and diagnosis during home visits:
- In case of aggression against you.
- Following an unpredictable and insurmountable event, such as loss of consciousness, sudden malaise, or in case of force majeure of which you are a victim.
- In case of simultaneous theft of the vehicle and the bag or equipment above.
- In case of break-in of the vehicle parked provided that it is fully equipped and fitted with a theft protection system, delivered as standard by the manufacturer, systematically implemented in case of absence of the driver.
Conditions
The “Theft in Parking” coverage applies:
- During the day between 7:00 AM and 10:00 PM.
- At night between 10:00 PM and 7:00 AM provided that the vehicle is stored in a fully enclosed and covered location, locked, and that there has been a break-in.
However, we do not guarantee damages to portable micro-computers and their accessories.
- The reimbursement of replacement costs:
- Of the lock and/or latch of the access door to your professional premises.
- Of the card or magnetic badge for access to your professional premises or their reader (in case of impossibility to replace the card or badge securely), in case of duly noted theft of these keys, cards, or badges provided that you have filed a complaint.
- The reimbursement of the costs of guarding and/or temporary closure of the premises, incurred following a theft or attempted theft guaranteed, to remedy the destruction of their means of protection or the non-functioning of the alarm system.
- The reimbursement of the costs reasonably incurred, following a theft or attempted theft in your premises, for the reclassification of scattered archives and/or the tidying up of the content overturned on site even if these goods have not suffered material damages.
Special Case of Funds and Values
We guarantee funds and values:
- If they are located inside the insured buildings:
- In case of violence or threats against present persons.
- In case of break-in of the buildings, if they are contained in safes, furniture, or cash drawers locked.
- If they are located outside the insured premises, transported by yourself or by any authorized person on the most direct route between the location of your professional premises and the bank or your primary residence (and vice versa):
- In case of aggression against the bearer.
- Following an unpredictable and insurmountable event such as loss of consciousness, sudden malaise of the bearer, or in case of force majeure (traffic accident for example).
We also guarantee the personal belongings of the bearer (bag, clothing, …) that would be damaged or stolen at the same time as the funds and values.
- If they are located in your insured primary residence in theft at Allianz subject to compliance with the specific application conditions of this contract:
- In case of violence or threats against present persons.
- In case of break-in of your residential premises provided that the funds and values are contained in a safe or in a piece of furniture locked.
This guarantee applies exclusively on Saturdays, Sundays, and public holidays, the day before and the day after public holidays, as well as the day after until 10 AM following the closure of your professional premises.
At your request, under the “Funds and Values” guarantee in Theft/Vandalism, you may, for an additional premium, benefit from a coverage amount exceeding the ceiling provided in the “Summary Table of Coverage Amounts and Deductibles”, subject to compliance with the following conditions as long as the insured amount exceeds €10,000:
- During the closing hours of your establishment and/or in case of absence from your primary residence, the funds and values must be deposited in a certified A2P safe, class I resistance and a maximum age of 25 years.
- In case of disappearance of funds and values due to the removal of the safe, it must be walled or sealed if it weighs less than 500 kg.
- In case of transport of funds and values outside the insured premises and if the amount exceeds €10,000, the bearer must be an adult and accompanied at all times by a second adult. If the bearer is not accompanied by a second person, he must use an anti-aggression device (anti-aggression suitcase) and comply with all the instructions and guidelines of the manufacturer of this device.
However, we do not guarantee under the “Theft/Vandalism” coverage, in addition to general exclusions:
- Fire or explosion damages (these damages are covered under the “Fire and Related Events” coverage).
- Breakage of glass, windows, showcases as well as all other glass products that may be covered under the “Breakage of Glass and Neon Signs” coverage.
- Under the “acts of vandalism” coverage, scratches, chips, and nicks of glass, windows, and showcases.
- Disappearance or deterioration caused by family members referred to in Article 311-12 of the Penal Code.
- Funds and values as well as valuable items in dependencies.
- Funds and values, valuable items as well as computer equipment for information processing in modular constructions or structures.
- Funds brought from outside to satisfy the demands of wrongdoers.
- Thefts committed by personnel responsible for transporting funds and values or with their complicity.
Application Conditions of the Theft/Vandalism Guarantee
Vacancy – Suspension of Coverage
When your professional premises remain unoccupied:
- For more than 3 consecutive days, coverage is suspended for funds and values, excluding safes, starting from the 73rd hour of vacancy, and this, until the reopening of your professional premises or the occupation of your primary residence.
- For more than 30 consecutive days during the same insurance year, coverage is suspended starting from the 31st day of vacancy at noon and as long as this vacancy lasts. Coverage will only be automatically reinstated upon reopening of the premises and will cease during any new vacancy occurring in the same insurance year and exceeding three days.
In case of subscribing to the “Complement Plus” annex (if mentioned in the Particular Provisions), the vacancy period is extended from 30 consecutive days to 60 consecutive days.
Protection Measures for Your Premises
If you declare in the Particular Provisions that your premises are equipped with minimum mechanical protection means and/or an intrusion detection system, these must comply with the description in the chapter “Definition of Mechanical Protection Means and Intrusion Detection System”.
Preventive Measures
The precautions to be taken are as follows:
- All minimum protection means, if you declare in the Particular Provisions to be equipped with them, must be kept in good maintenance condition.
- During the closing hours of the premises, you must use all closing and protection means declared on the doors and other openings. However, during lunch hours only, you are exempt from using grills, curtains, shutters, and blinds.
If the premises are equipped with an intrusion detection system that we have imposed or for which a premium discount has been granted, you must:
- systematically activate the installation when closing the premises,
- ensure that the installation is always operational:
- apply the instructions of the installer,
- in case of absence, do not cut the external power supply of the installation,
- outside of occupancy hours, do not leave the keys or the combination of the code controlling the installation in the premises,
- in case of interruption of the operation of the installation, immediately notify the installer to have repairs made.
- If you have a safe, the keys or combination of it must not be left in the premises where the safe is located.
Non-Compliance with These Preventive Measures
Failure to take these precautions and unless in cases of force majeure, the guarantee would not be acquired if this failure facilitated the claim.
Breakage of Glass and Neon Signs
That is to say: the breakage, destruction, deterioration of the goods listed below resulting from an accidental event:
- glass products (or plastic materials fulfilling the same functions) constituting the coverage, enclosure, or storefront of the insured premises including curtain walls (that is to say, facades made using panels fixed to the load-bearing structure to constitute the wall that encloses the building) and partial wall coverings (that is to say, exterior glasses glued on the facade for cladding or covering),
- the facade of the insured premises (including protection devices) damaged concomitantly with a breakage of glasses of doors or storefronts,
- glass products of showcases located inside the insured premises or constituting the interior layout of the insured premises: shelves, racks, fixed mirrors, glasses forming an integral part of a piece of furniture, glass products incorporated into a staircase,
- the walls of aquariums and fish tanks,
- illuminated or non-illuminated signs, illuminated newspapers,
- if they are damaged or destroyed at the same time as the insured glass product:
- decorations, inscriptions, and engravings,
- protective films glued on the glasses,
- locks, brakes, and handles,
- integrated electronic cards of signs and illuminated newspapers.
We also guarantee:
- damages caused by the breakage of glasses to objects placed in the storefront or in the showcases located inside your premises,
- the costs of installation, removal, and transport that follow a guaranteed breakage of glasses,
- the costs of guarding and/or temporary closure necessary to protect your premises following a guaranteed breakage of glasses.
However, we do not guarantee under the “Breakage of Glass and Neon Signs” coverage, in addition to general exclusions:
The following products:
- garden frames, greenhouses, solar panels (including photovoltaic), verandas, glass roofs,
- glasses of electrical and electronic devices, inserts and closed fireplaces, heating plates,
- glazing used as safety fencing for swimming pools.
Under the illuminated signs coverage:
- electrical damages to tubes and letters,
- incandescent lamps, interchangeable fluorescent tubes, and transformers.
Breakages occurring:
- during work (other than simple cleaning) performed on the insured goods, their frames, casings, layouts, or enclosures,
- when the insured goods are removed or stored, or during their installation, removal, transport.
Breakages originating from wear or lack of maintenance of the casings, frames, bases.
Scratches, chips, nicks.
In case of subscribing to the “Complement Plus” annex, if mentioned in the Particular Provisions, the following may also be considered insured goods: verandas, glass roofs, canopies, heating mirrors, glazing of solar panels (including photovoltaic).
Electrical Damage
That is to say: damages caused by the action of electricity or lightning to electrical and/or electronic equipment (including portable micro-computers) owned by you or of which you are a tenant (including in leasing or similar) and those forming part of the installations or real estate improvements.
We guarantee equipment over 10 years old provided (except in cases of damages caused by lightning strikes) that they are in perfect maintenance and operational condition and benefit from a maintenance contract at the time of the claim.
We also guarantee:
- the alteration or destruction of the operating systems of computer goods when these damages are consecutive to guaranteed material damage affecting the insured goods,
- damages caused to computer supports,
- financial costs of the credit or leasing contract that may remain your responsibility,
- damages suffered by goods contained in your professional refrigerators or freezers caused by a temperature change following:
- damages caused to the device itself by a guaranteed event,
- the interruption of the electric current,
- the leakage of the refrigerant.
However, we do not guarantee under the “Electrical Damage” coverage, in addition to general exclusions:
- Damages to consumables, technical fluids, and all parts, tools, organs, requiring periodic replacement due to their function.
- Damages to transformers over 1000 KVA and motors over 1000 KW.
- Damages due to lack of maintenance or wear.
- Damages caused to the contents of the equipment except for the goods contained in the refrigerators or freezers mentioned above.
- Electrical or electronic elements or components if the damages are limited to a single element or module, or to a single interchangeable set (for example, electronic card).
- Fuses, heating resistors, lamps of any kind, electronic or vacuum tubes, accumulator batteries, batteries.
- Financial losses resulting from the loss of information due to an operational or programming error.
Under the “damages suffered by goods in refrigerators or freezers” coverage:
- Interruption of the electric current due to a strike or non-payment of bills, or orders from a public service or civil or military authorities.
- Non-compliance with the instructions given by the manufacturer.
- Goods whose expiration date is reached on the day of the claim.
- Damages resulting from defective packaging, or caused by the delivery or maintenance in service of damaged equipment before its complete repair.
Damages Occurring During the Annual Closure Period
(However, a tolerance of 7 days before reopening is accepted).
Your “Electrical Damage” Obligations in the Presence of Photovoltaic Panels
If you have equipped your insured premises with photovoltaic solar panels, you must have obtained a compliance certificate endorsed by the CONSUEL.
If this provision is not respected, the indemnity due in case of electrical damages suffered by the photovoltaic installation will be reduced by 30% unless you prove that this failure had no influence on the claim.
Breakage of Electrical and/or Electronic Equipment
That is to say:
- the breakage, destruction, or deterioration, resulting from an accidental event, of electrical and/or electronic equipment of the 1st and 2nd categories owned by you or of which you are a tenant (including in leasing or similar), in perfect working and maintenance condition and located inside your insured professional premises, or occasionally at your home or that of your employees.
- The following internal networks are also guaranteed: access badge consoles, fire or intrusion detection installations, video surveillance (including cameras), parking meters, and illuminated newspapers.
We guarantee equipment over 10 years old provided that they are in perfect maintenance and operational condition and benefit from a maintenance contract at the time of the claim.
The guarantee also applies during the operations of assembly, disassembly, and movement of this equipment in your professional premises. It is also valid during the necessary tests for the periodic verification of their operation.
We also guarantee:
- the alteration or destruction of the operating systems of computer goods when these damages are consecutive to guaranteed material damage affecting the insured goods,
- damages caused to computer supports,
- financial costs of the credit or leasing contract that may remain your responsibility,
- costs of debris removal and removal necessary for the restoration of the insured damaged goods covered by this guarantee, as well as costs incurred following precautionary measures imposed by administrative decision,
- the reimbursement of the fees of the expert you have chosen and who has carried out the expertise operations on your behalf after the claim.
Exclusions from the “Breakage of Electrical and/or Electronic Equipment” Coverage
However, we do not guarantee under the “Breakage of Electrical and/or Electronic Equipment” coverage, in addition to general exclusions:
- Exhibition, demonstration, or goods intended for sale or rental equipment, as well as their accessories, beverage or food product dispensers.
- Equipment with a unit replacement value exceeding €150,000 excluding taxes.
- Production equipment as well as robotics equipment entering into an industrial process, equipment that is part of the installations or real estate improvements except for the internal networks mentioned above.
- Portable equipment and their accessories. However, regarding portable micro-computers, you may subscribe to the extension provided below.
- Damages resulting from a defect or fault:
- existing at the time of subscription of the contract and which was known to you,
- notified upon receipt of an insured good.
- The consequences of drought, humidity, condensation, excessive temperature, or the presence of dust unless the origin is accidental.
- Damages resulting from wear of any origin and prolonged effects of operation such as fouling, oxidation, corrosion, or rust incrustation. However, in the event that such damages could lead to the breakage or loss of neighboring elements or other parts in good condition on the same good, our guarantee would remain valid regarding the damages affecting these elements or parts.
- Damages normally covered under the guarantee of the manufacturer, seller, lessor, or a complete maintenance or service contract. However, if they contest their liability and if the cause of the damage is covered by this guarantee, we cover the claim.
- The consequences:
- of non-compliance with the technical sheets and recommendations of the manufacturers or suppliers of the equipment,
- of maintaining or resuming service of a damaged good before complete and definitive repair or before regular operation is restored,
- of using parts and accessories not approved by the manufacturer on the insured equipment.
- Damages resulting:
- from tests or experiments other than the usual checks of proper functioning,
- from transport including loading and unloading outside your insured premises.
- Fuses, heating resistors, lamps of any kind, electronic or vacuum tubes, accumulator batteries, batteries.
- Damages suffered by screens or glass elements (in plastic materials fulfilling the same functions), reading and printing heads, unless the breakage of these objects is the direct consequence of a compensable claim affecting the insured equipment.
- Damages to the contents of the equipment.
- Aesthetic damages not affecting the functioning of the equipment.
- Financial losses resulting from the loss of information due to the influence of the magnetic field or due to an operational, programming, or installation error.
- Damages covered under other “Property Damage” guarantees.
Extension of the “Breakage of Electrical and/or Electronic Equipment” Coverage to Your Portable Micro-Computers
At your request and for an additional premium, the “Breakage of Electrical and/or Electronic Equipment” coverage is extended to portable micro-computers for professional use (as well as their accessories) in perfect working and maintenance condition, owned by you or of which you are a tenant (including in leasing or similar).
We also guarantee outside your insured professional premises (by derogation to the exclusion § 17 above):
- material damages suffered by portable micro-computers and their accessories resulting from events covered under the “Fire and Related Events”, “Storm, Hail, Snow”, “Water Damage”, “Electrical Damage”, “Breakage of Electrical and/or Electronic Equipment” guarantees (when these guarantees are subscribed)
- the theft of these goods in the following duly noted circumstances:
- with break-in of a hotel room or the primary or secondary residence of the authorized user, where these micro-computers were located at the time of the theft,
- from the theft or break-in of the motor vehicle in which these goods were located at the time of the theft, if the theft occurs between 7 AM and 10 PM,
- with break-in of the location where the motor vehicle containing these goods is stored,
- by aggression against the authorized user, anywhere he is, including in a vehicle, or against a family member if this aggression occurs in his primary or secondary residence.
Particular Declaration
You declare not to hold more than 10 portable micro-computers, including those that...
You make available to your employees. However, we do not guarantee under this extension “Portable Micro-Computers”, in addition to general exclusions:
- Damages or equipment excluded under the “Breakage of Electrical and/or Electronic Equipment” coverage.
- Portable micro-computers for demonstration or intended for sale or rental, as well as their accessories.
- Damages affecting portable micro-computers and their accessories when entrusted to a professional carrier under a transport contract, including during a move.
- Thefts or attempted thefts of which family members (referred to in Article 311-12 of the Penal Code) would be authors or accomplices.
- Damages resulting from the absence, insufficiency, or inadequacy of the packaging or conditioning of the equipment.
Private Transport
That is to say: during transport by yourself or one of your employees in a motor vehicle with 4 wheels with an authorized weight in load of less than 3.5 tons, material damages caused to your professional equipment and to your electrical and/or electronic equipment, following the following events:
- fire, explosion, lightning, storm, hail, natural disaster,
- in case of a traffic accident such as collision, shock with a fixed or mobile body, or overturning of the vehicle,
- in case of maritime transport accessory to land transport (carried out without breaking load) the shipwreck, grounding, collision, ship impact,
- a theft committed in one of the following circumstances:
- by aggression against yourself or one of your employees during transport,
- in case of abandonment of the vehicle following a malaise of the driver requiring his emergency evacuation by a competent medical authority,
- theft in parking, subject to the conditions provided below,
- either in case of simultaneous theft of the vehicle and its load,
- or in case of break-in of the vehicle fully equipped and fitted with a theft protection system delivered as standard by the manufacturer or approved SRA (this device must be systematically implemented in case of absence of the driver).
Conditions:
The “theft in parking” coverage applies:
- during the day between 7:00 AM and 10:00 PM,
- at night between 10:00 PM and 7:00 AM provided that the vehicle is stored in a fully enclosed and covered location, locked, and that there has been a break-in.
However, we do not guarantee under the “Private Transport” coverage, in addition to general exclusions:
- The theft of equipment when you or your employees leave your vehicle, even momentarily, without having locked the doors or other openings, rolled up the windows, and activated the anti-theft system.
- Thefts committed by a family member (referred to in Article 311-12 of the Penal Code) or your employees, or with their complicity.
- The transport of the following equipment: audiovisual, computer, telephony.
- Damages occurring during loading or unloading operations.
- Damages occurring while the driver of the vehicle:
- is in a state of intoxication likely to be penalized, or has refused to submit to checks intended to establish the alcoholic state or is under the influence of a narcotic or drug not prescribed by a competent medical authority, unless the claim is unrelated to this state,
- is not the holder of a valid driving license or one related to the category of the vehicle used.
Other Material Damages
That is to say: material damages caused to the insured property owned by you and located in the insured professional premises and their immediate surroundings, as a result of all accidental events. We also guarantee, if they result from a covered claim, the financial losses and additional costs referred to in § 3.2 below. This guarantee cannot replace the other “Property Damage” guarantees offered (whether you have subscribed to them or not) nor buy back their exclusions, deductibles, or application or implementation conditions.
However, we do not guarantee under the “Other Material Damages” coverage, in addition to general exclusions:
- The following goods:
- abandoned buildings in whole or in part as well as the goods they contain,
- goods in the course of production, manufacturing, transformation, assembly, disassembly, packaging, testing, trials, handling, and transport,
- goods handed over as ransom following a hostage-taking or kidnapping,
- wind turbines,
- funds and values,
- valuable items,
- precious metals (gold, silver, platinum),
- mines, galleries, and underground cavities, caves, as well as the goods they contain.
- Events and damages falling under the other “Property Damage” guarantees offered, whether you have subscribed to them or not, as well as those they exclude.
- Damages caused by the collapse of a work or part of a work under construction.
- Damages resulting from settling, subsidence, cracking, detachment, swelling, contraction, expansion, perforation, disintegration, or deformation of works or parts of works.
- Damages to works for which builders, manufacturers, promoters, sellers are responsible under Articles 1646-1, 1831-1, 1792 and following of the Civil Code (law no. 78-12 of January 4, 1978).
- Damages and/or losses that are the consequence of sequestration, seizure, embargo, confiscation, requisition, destruction, or any other measure ordered by civil or military authorities.
- Damages due to humidity or dryness of the atmosphere, excesses and/or temperature changes, immersion, siltation, sand filling, dust, steam, condensation.
- Damages resulting from evaporation, loss of weight, melting, erosion, corrosion, oxidation, self-combustion, cavitation, fermentation, scaling, rotting, decomposition, mold, putrefaction, scratches, abrasions, and rasping, incrustation, contamination, change or alteration of color, texture, finish, flavor, odor, or appearance.
- Damages suffered by the insured goods following the mass taking or hardening of products or materials in the course of manufacturing or treatment.
- Damages resulting from the action of rodents, insects, fungi, vermin, animals in general, or microorganisms.
- Disappearances, missing items noted in the inventory, as well as damages resulting from diversions, breach of trust, forgery, fraud, and falsifications.
- Damages resulting from sabotage or computer fraud, effects of a computer virus.
- Damages resulting from events whose generating cause is prior to the subscription of this guarantee and which was known to you.
- Damages resulting from an inherent defect, a manufacturing or design defect.
- Damages resulting from delays or deficiencies in the provision of external services or energy or water.
Terrorism
That is to say:
- for the Fire coverage, direct material damages suffered on national territory by the insured property against fire and resulting from a terrorist act or act of terrorism (as defined in Articles 421-1 and 421-2 of the Penal Code),
- under the conditions and limits provided for each coverage, direct material damages caused to the insured property during riots or popular movements or by an act of sabotage.
However, we do not guarantee under the “Terrorism” coverage, in addition to general exclusions, the costs of decontamination of debris, their confinement, and the transport costs necessary for these operations.
Natural Disasters (Article A125-1)
Of the Insurance Code
That is to say:
- The monetary repair of direct material damages not insurable to all goods guaranteed by the contract having as a determining cause the abnormal intensity of a natural agent, when the usual measures to be taken to prevent these damages could not prevent their occurrence or could not be taken.
- If the “Business Interruption Losses” coverage is subscribed, the payment of an indemnity corresponding to the loss of gross margin or income and the additional operating costs resulting, during the indemnity period provided by the contract, from the interruption or reduction of your business activity having as a determining cause the abnormal intensity of a natural agent affecting these goods when the usual measures to be taken to prevent these damages could not prevent their occurrence or could not be taken. In case of subscribing to the “Additional Operating Costs Only” coverage, the payment is limited to additional operating costs only.
The guarantee can only be invoked after the publication in the Official Journal of the French Republic of a ministerial order confirming the state of natural disaster.
We guarantee the cost of direct uninsurable material damages suffered by the goods, up to their value fixed in the Particular Provisions or in the “Summary Table of Coverage Amounts and Deductibles” and within the limits and conditions provided by this contract at the first manifestation of the risk.
If the “Business Interruption Losses” coverage is subscribed, the guarantee covers, without possibility of special deduction on the amount of the risk elements serving to determine the premium, the financial consequences of the interruption or reduction of the business activity, within the limits and conditions set by the contract for the main risk, as they existed at the first manifestation of the risk.
Deductible
Notwithstanding any contrary provision, you retain a portion of the indemnity due after a claim. In case of modification by ministerial order of the provisions described below, these will be deemed modified automatically from the date of entry into force of the order.
You are prohibited from taking out insurance for the portion of the risk constituted by the deductible. For goods for professional use, the amount of the deductible is equal to 10% of the amount of direct uninsurable material damages suffered by you, per establishment and per event, without being less than a minimum of €1,140, except for damages attributable to differential ground movements resulting from drought and/or sudden rehydration of soils, for which this minimum is set at €3,050.
However, the deductible provided by this contract in the “Summary Table of Coverage Amounts and Deductibles” will apply if it is higher than these amounts.
For the “Business Interruption Losses” coverage (or additional operating costs only), you retain a portion of the indemnity due after a claim corresponding to an interruption or reduction of the business activity for 3 working days, with a minimum of €1,140. However, the deductible possibly provided by the contract will apply if it is higher than these amounts.
For the goods and for the “Business Interruption Losses” coverage (or “Additional Operating Costs Only”), in a municipality not equipped with a plan for the prevention of foreseeable natural risks for the risk subject to an order confirming the state of natural disaster, the deductible is modulated according to the number of confirmations of the state of natural disaster that occurred for the same risk during the five years preceding the date of the new confirmation, according to the following modalities:
- first and second confirmation: application of the deductible,
- third confirmation: doubling of the applicable deductible,
- fourth confirmation: tripling of the applicable deductible,
- fifth confirmation and subsequent confirmations: quadrupling of the applicable deductible.
The provisions of the previous paragraph cease to apply from the prescription of a plan for the prevention of foreseeable natural risks for the risk subject to the confirmation of the state of natural disaster in the concerned municipality. They resume their effects in the absence of approval of the aforementioned plan within four years from the date of the order prescribing the plan for the prevention of natural risks.
3.2 Financial Losses and Additional Costs
3.2.1
We guarantee the following justified financial losses and additional costs, that you may incur in addition to the guaranteed material damages caused to the insured goods by one of the events covered under the “Fire and Related Events”, “Storm, Hail, Snow”, “Water Damage” guarantees:
- costs incurred for rescue, relocation, or destruction measures taken to stop the progress of the claim (or of a claim occurring in the goods of others),
- costs of demolition, debris removal, and removal necessary for the restoration of insured damaged goods, as well as costs incurred following precautionary measures imposed by administrative decision,
- costs of debris removal and removal of asbestos-containing construction materials,
- costs necessary for restoring the damaged buildings in compliance with legislation and regulations in construction, in case of reconstruction or repair of these buildings,
- reimbursement of the premium of the mandatory “Damage-Work” insurance related to building works rendered necessary following a guaranteed claim,
- loss of use, that is to say, the prejudice resulting from the impossibility for you as an occupant to temporarily use all or part of the insured operating premises,
- financial losses corresponding to costs you incurred (if you are a tenant or occupant of the premises) to carry out installations or real estate improvements that have become the property of the lessor by virtue of the lease or the law, or that the owner refuses to restore as they existed at the time of the claim in case of continuation of the lease or occupancy,
- costs of replacement or recharge of extinguishers in professional premises, used to fight a fire claim,
- all other justified miscellaneous costs remaining your responsibility after the claim.
This includes for example:
- costs of moving and replacing movable goods,
- fees of the expert you designated in the context of an assessment procedure of the damaged goods,
- fees of decorators, study offices, technical control, engineering, and the coordinator in terms of Safety and Health Protection (SPS),
- financial costs of the credit or leasing contract that may remain your responsibility,
- reimbursement of the interest of the loan contracted by you following a claim, to compensate for the difference between the calculated indemnity excluding VAT and that which would have been due if the goods had been compensated including VAT.
Conditions: The loan must be contracted with a banking institution, for a maximum duration of 5 years, without the rate being adjustable or exceeding the maximum rate authorized by current regulations.
- taxes due as a result of congestion of public domain.
However, we do not guarantee under the “Financial Losses and Additional Costs” coverage, in addition to general exclusions:
Guarantees
1. Financial Losses and Additional Costs
Financial losses and additional costs resulting from the application of a deductible, a proportional premium rule, an insufficiency of coverage, a non-coverage, or the consideration of depreciation on the professional premises or their contents.
Losses resulting from the decrease in your turnover or income.
In case of subscribing to the “Complement Plus” annex, if mentioned in the Particular Provisions, you will also benefit from an extension “Loss of income related to your photovoltaic electricity supply contract” in case of sale of electricity to an authorized distributor.
3.2.2. Additional IT Costs and Media Reconstruction Costs
We guarantee the “Additional IT Costs and Media Reconstruction Costs”, that you may incur in addition to the guaranteed material damages caused to the insured goods by one of the events covered under the guarantees:
- “Fire and Related Events”
- “Water Damage”
- “Theft/Vandalism”
- “Electrical Damage”
- “Breakage of Electrical and/or Electronic Equipment” (when these guarantees are subscribed)
That is to say:
- Additional IT costs, necessary costs, in addition to guaranteed material damage, to be able to continue your information processing work under conditions as close as possible to normal operation, and until the reconstruction of the information processing system, as it existed immediately before the claim.
These costs must be duly justified and incurred within 12 months from the claim.
For the application of this guarantee, additional IT costs are understood as: the difference between the total cost of information processing after a guaranteed claim and the total cost of information processing that would have normally been incurred by you to perform the same tasks during the same period, if no claim had occurred.
These costs, incurred by mutual agreement with our expert, concern notably:
- costs of renting replacement equipment
- personnel costs
- work executed outside your professional premises