However, any failure to maintain the appliances in good working order, which is caused by circumstances unknown to or beyond the control of the insured, does not invalidate the insurance.
Sprinkler installation clauses are usually separately itemised and again are utilised when a premium discount is given to the insured provided he installs and maintains a sprinkler installation in good working order.
The insured will be specifically required to test the sprinkler alarms weekly to ensure that the system works and that all relevant valves controlling the water supply are full)' open, to remedy any defect promptly, to give immediate notice to the insurer should the water supply be turned off or the sprinkler installation be rendered inoperative, to take all reasonable steps to prevent frost and other damage to the sprinkler system, to notify the insurer of any alterations and to allow the insurer access to the premises for the purposes of inspection.
Insurers may also require the insured to warrant that the maintenance of any fire protection systems is placed with an approved specialist contractor. Not only should this reduce the risk, but it will also give the insurer an attractive right of subrogated recovery if that contractor can be shown to have been in breach of his maintenance contract, and that breach contributed to the loss later sustained by the insured.
Frequently these terms are embodied in a warranty (allowing the insurer to rescind the contract from the date of breach) or a condition precedent (meaning that the insurer will not be liable if the condition is not fulfilled).
Sprinkler installation clauses are usually separately itemised and again are utilised when a premium discount is given to the insured provided he installs and maintains a sprinkler installation in good working order.
The insured will be specifically required to test the sprinkler alarms weekly to ensure that the system works and that all relevant valves controlling the water supply are full)' open, to remedy any defect promptly, to give immediate notice to the insurer should the water supply be turned off or the sprinkler installation be rendered inoperative, to take all reasonable steps to prevent frost and other damage to the sprinkler system, to notify the insurer of any alterations and to allow the insurer access to the premises for the purposes of inspection.
Insurers may also require the insured to warrant that the maintenance of any fire protection systems is placed with an approved specialist contractor. Not only should this reduce the risk, but it will also give the insurer an attractive right of subrogated recovery if that contractor can be shown to have been in breach of his maintenance contract, and that breach contributed to the loss later sustained by the insured.
Frequently these terms are embodied in a warranty (allowing the insurer to rescind the contract from the date of breach) or a condition precedent (meaning that the insurer will not be liable if the condition is not fulfilled).
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