ABC Co. Ltd. which operates a wholesale warehouse, had a fire on its premises on 30th April, 2016 which destroyed most of the building and stock worth of ₹10,160 was salvaged. The company has a Fire Insurance Policy (wit

CS Professional · Insurance - Law and Practice · PYQS · December 2018
ABC Co. Ltd. which operates a wholesale warehouse, had a fire on its premises on 30th April, 2016 which destroyed most of the building and stock worth of ₹10,160 was salvaged. The company has a Fire Insurance Policy (with suitable average clauses) covering the assets as under: Assets Insured Insurance Cover (in ₹) Stock 6,50,000 Building 9,00,000 Loss of Profits Including standing charges of ₹2,50,000 with a six month period of indemnity. The Company's last Profit & Loss Account (year ended 31st March, 2016) is given below: Profit & Loss Account for the year ended 31st March, 2016 Dr. (₹) Cr. (₹) To Opening stock 5,23,500 By Sales 22,50,000 To Purchases 19,66,500 By Closing stock 6,45,000 To Insured standing charges 1,15,500 By Other income 11,000 To Other expenses 65,500 To Net Profit 2,35,000 29,06,000 29,06,000 The company's records show that the sales for April, 2016 had been at ₹1,50,000. Payments made to trade creditors in April, 2016 were ₹1,15,500 and the creditors increased by ₹4,500. The company's business was disrupted until the end of July, 2016 during which period the turnover fell by ₹2,20,000 compared with the same period in the previous year. It was agreed that 65% of the value of the building had been lost and at the time of fire it was worth ₹10,00,000. Questions: What is the legal implication and provision relating to 'Average clauses'? How will it affect ABC company claims? Calculate the liability of the Insurance Company for loss of stock, building and profits claims compensation payable to ABC Company.

Answer & Explanation:

The application of average clause is triggered at the time of a claim settlement, if the Insurance Company observes that a property is under insured. In other words, where the full value of a property is not insured it implies that, the full indemnity of the loss is not available, due to inadequacy of sum insured. In the given case, ABC Co. Ltd. did not insure building at its full value. It has under insured. While the building was valued at ₹10 lacs on the date of loss the sum insured available was only ₹9 lacs. Hence ABC Co. Ltd will compensate on this basis only. The various loss claim under the policy are shown below: Gross Profit % for last year Gross Profit as per Profit & Loss (Net Profit + Other Expenses + Insured Standing Charges) (₹2,35,000 + ₹65,500 + ₹1,15,500) = ₹4,16,000 Less: Other Income = ₹11,000 Gross Profit from Operation = ₹4,05,000 Gross Profit % for last year = (₹4,05,000 x 100) / ₹22,50,000 = 18% Calculation of Purchases Payment to Creditors = ₹1,15,500 Increase of creditors = ₹4,500 Purchases during the period = ₹1,20,000 Memorandum Trading Account for the period ended dated of fire Particulars Amount (₹) Particulars Amount (₹) To Opening Stock 6,45,000 By Sales 1,50,000 To purchase 1,20,000 By Closing Stock 42,000 To Gross Profit (balancing figure) (18% of sales) 27,000 Total 7,92,000 Total 7,92,000 Computation of Loss of Stock Estimated Closing Stock as at the date of fire = ₹6,42,000 Less Stock Salvaged = ₹10,160 Loss of Stock = ₹6,31,840 Loss of building Value of Building = ₹10,00,000 65% of the value of building = ₹6,50,000 Since the insurance cover was less than the value of the asset average clause will apply: Claim of loss of Building = (₹9,00,000 x ₹6,50,000) / ₹10,00,000 = ₹5,85,000 Claim for Building loss = ₹5,85,000 Loss of Profit Indemnity Period = 3 Months Gross Profit Ratio for the year: Net Profit + Insured Standing Charges = (₹2,35,000 + ₹1,15,500) / ₹22,50,000 = 15.57% Short Turnover = ₹2,20,000 Loss of Profit = ₹2,20,000 * 15.57% = ₹34,254

Topics: Fire Insurance

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