| BASIC KNOWLEDGE ON LATENT DEFECT INSURANCE |
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| Written by Fajar Nindyo | |
| Jun 28, 2008 at 01:54 PM | |
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As
a property underwriter, you should know the exclusions of property all risks
insurance wording, one of them is what we call as “latent defect”. You can find
this type of exclusion in the Special Exclusion on Material Damage Section
point 2.5 of Munich-Re wording. It clearly declared that “the insurers shall not be liable for loss, destruction of or damage to
the property insured directly or indirectly caused by or arising out of or
aggravated by all gradually operating causes, including but not limited to wear
and tear, rust, corrosion, mildew, mould, fungus, wet or dry rot, gradual
deterioration, latent defect, …”.
But
one of us may still confused with word of “latent defect”. What is the proper
definition of “latent defect” which also called as “inherent defects” or
“structural defects” ?. According to Wikipedia, in the law of
the sale of property (both real estate and personal property or chattels), a latent defect is a fault in the property
that could not have been discovered by a reasonably thorough inspection before
the sale.
“Latent
defects insurance” is basically a type of insurance covering buildings against loss
or damage caused by defective design, bad workmanship and poor materials used when
the building is in the course of construction. The construction process of the
building usually begin with foundation, floor, wall, column, roof, etc. Not
like property all risks insurance, in the latent defect insurance, when a claim
occurred, the insurer need not to prove there was a negligence on building architect
or design engineer or the building contractor is in breach of contract. Coverage
is also extend to indemnify for loss of profit as a consequential loss caused
by a latent defect. So, this insurance will be useful for the building used as
commercial business. Some insurers also now tend to offer latent defects
insurance for projects retaining existing buildings and for existing buildings
including some cover for non-structural components. For
the main consideration in the underwriting process, the insurers must ensure that
the final building is fit and appropriate with specification and building design,
also the materials used are good quality and the building was constructed by
proper method. To meet this requirements, the insurers need to hire a specialized
person (i.e civil engineer and architect) who know deeply the technical aspects
in building design and construction, able to check the quality of materials used,
and regularly monitor the process of construction from the beginning to the end.
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| Last Updated ( Nov 18, 2008 at 05:22 PM ) |











