Section 5: Casualties caused intentionally or negligently by the assured

Clause 3-32. Intent

If the assured has intentionally brought about the casualty, it has no claim against the insurer.

Clause 3-33. Gross negligence

If the assured has brought about the casualty through gross negligence, any liability of the insurer shall be determined based on the degree of fault and circumstances generally.

Clause 3-34. Right of the insurer to cancel the insurance

If the assured has intentionally brought about or tried to bring about a casualty, the insurer may cancel the insurance without notice. If the assured has caused a casualty through gross negligence, the insurer may cancel the insurance by giving fourteen days’ notice.

If the assured has intentionally brought about the casualty, the insurer may cancel other insurances with the assured by giving fourteen days’ notice.

Clause 3-35. Circumstances precluding the application of Clauses 3-32 to 3-34

The rules contained in Cl. 3-32 to Cl. 3-34 shall not apply:

1. if the assured on account of a mental disorder or other abnormal state of mind – self-induced intoxication excepted – was unable to judge its own actions,
2. if the assured has caused the casualty under circumstances referred to in Cl. 3-12, sub-clause 2, provided that its actions under the prevailing circumstances must be considered expedient and justifiable.