Traveling Has Great Educational Value

The value of traveling as a part of education is great. Books give the students the theoretical knowledge. It is a second hand knowledge based on the experiences of others. Traveling gives students first had and practical knowledge. Such a knowledge is more valuable and permanent. Personal and practical experiences are never forgotten. They stand us in good stead throughout the life.

The value of tours, excursions, expeditions etc., during school and college days is of much practical importance. They strengthen learning and make education easy and entertaining. The lessons of history, geography, economics, science etc. can be best learnt by traveling to historical sites, places of natural interest, factories, great laboratories and national institutions. Lessons in ecology, environment and forest preservation become easier by visiting slums, industrially degraded places and forests. That is why such a great importance is attached to educational tours, expeditions and excursions. The problems of poverty, over-population and slums become clearer by visiting the living conditions of the villagers and slum-dwellers. Lessons in history become a mere book-learning without a visit to museums and historical places.

Education is an ever ongoing process. It does not stop wit leaving a school or a college. Life itself is the biggest school and experience the biggest teacher. Travel takes us to various places and people. It provides us with many new and rich experiences. We come into contact with new people, things and places. The practical knowledge obtained through traveling is matchless. Traveling is essential to understand people, places and things.

Travel widens our horizon of knowledge. It broadens the mind and enlarges the heart. It is ever enjoyable and entertaining. Modern means of traveling are very fast, easy, economical and convinent. Their speed, safety and reliability is beyond doubt. Students can easily to on tours and expeditions and obtain rich, practical and much valuable education. The more travel there is, the richer and wider is your training and education. Travel in the young age is a part of education. Travel teaches the students about the oneness in the variety and diversity of life.

Travel promotes feelings of tolerance and brotherhood. It grows and promotes feelings of nationalism. Travel is a good means to know one’s country, people, culture and history. It increases business and commercial activities. It brings people closer. Promotion of cultural, social and national activities are part of liberal education. It is through traveling that warm, true and genuine friendship and brotherhood can be formed. Travel changes our attitudes favourably. It makes us enlightened intellectually.

A student who never goes out of his city or town has a narrow vision. His outlook is limited and bookish. He fails to can never realise the real greatness, strength and glorious culture of the country. By traveling he can easily learn and imbibe the integrity and unity of India. It is rightly said that home-keeping youth has ever homely wits. Learning is not complete without traveling.

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The “Contents Pack-out” Trap and How to Escape It

“Contents Pack-out” is a term used by water and fire restoration contractors, and insurance companies. It is the process in which the contractor sends trucks, boxes and workers to your home. They pack up all of the damaged personal property in your home or business and transport it back to their warehouse. Once the personal property is at the warehouse, the contractor begins the cleaning and restoration process.

Insurance companies do not like to replace personal property. They would rather clean or repair it and give it back to you. That drastically slashes their claims cost, which makes them happy.

I’ve been an insurance adjuster for over 16 years, and in the insurance business for over 35 years. I’ve seen very few instances where seriously damaged personal property can be just cleaned or repaired successfully. Most fires burn or infuse toxic chemicals into personal property, like wood or textiles. Same goes for a flood loss. My personal opinion is that replacement of damaged personal property is better than repair or cleaning.

So, what is the trap?

Insurance adjusters like to swoop in with their favorite approved restoration contractor and do a “pack-out.” But your insurance policy has a limit on Personal Property. All of the money that the insurance adjuster authorizes to have your contents cleaned is paid against the policy limit. So, if the restoration contractor cleans a bunch of your damaged property, but you reject it as damaged, the contractor still gets paid. But you have less money now to replace your damaged personal property.

The trap is that a pack-out can penalize you when you are submitting your insurance claim!

Here’s the Escape Strategy

1. You own the personal property…not the insurance company and not the restoration contractor. It is YOUR DECISION what gets repaired and what gets replaced, not the adjuster.

2. Call in your own restoration contractor for a second opinion. It shouldn’t cost you anything, but even if it did, it would be money well spent.

3. Make sure every single item that gets removed from your home is listed on an inventory sheet.

4. Based upon your contractor’s opinion, negotiate the replacements with the adjuster and settle the claim.

If you have experienced a property loss, whether fire, wind, flood or other, you need to know winning insurance claim strategies. The insurance company will not tell you the claims process, but I will. I will show you how to take control of your insurance claim, and add hundreds or even thousands more dollars to your claim settlement. For more information, go to the website listed below.

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Understanding the Extrajudicial Settlement of Estate in the Philippines

Not a lot of people know what an extrajudicial settlement of the estate is. Well, not unless they have experienced losing a member of the family and dividing his remaining properties.

Extrajudicial settlement of the estate simply means drafting a contract where the properties are divided among the heirs, as the latter may see fit. Enumerated in the contract are the properties left by the deceased, collectively called the “estate”. The properties may range from real properties such as parcels of land, buildings, or personal properties such as money left in the bank, cars, jewelry, furniture and even shares in a corporation.

It should be well-noted that an extrajudicial settlement by agreement is only possible if there is no will left by the deceased. Even if there is a will but the will does not include all of the decedent’s estate, then those not covered can by extrajudicially partitioned by agreement.

Moreover, extrajudicial settlement is not possible if the heirs cannot agree on how the properties will be divided. In that case, they can file and ordinary action for partition.

Publication requirement

After the settlement agreement is signed, the heirs should cause the publication of the agreement in a newspaper of general circulation to ensure that interested parties, if there are any, such as creditors and unknown heirs, will be given due notice.

Payment of Estate tax

After the publication, transfer of title may follow. Upon the transfer of the estate, the Estate Tax must be paid in accordance with Section 84 of the National Internal Revenue Code of the Philippines.

Estate tax is defined as a tax on the right of the deceased person to transmit his estate to his lawful heirs and beneficiaries at the time of death and on certain transfers, which are made by law as equivalent to testamentary disposition. It is a form of transfer tax, not a property tax. More particularly, it is a tax on the privilege of transferring the property of the decedent to the heirs.

The Estate Tax Return must be filed within six (6) months from the decedent’s death. The deadline may be extended by the Commissioner of the BIR, in meritorious cases, not exceeding thirty (30) days.

It is interesting to note that the estate itself will have its own Tax Identification Number (TIN). The BIR treats the estate as a juridical person.

The Estate Tax Return is filed with Revenue District Office (RDO) having jurisdiction over the place of residence of the decedent at the time of his death.

If the decedent has no legal residence in the Philippines, then the return can be filed with:

1. The Office of the Revenue District Officer, Revenue District Office No. 39, South Quezon City; or

2. The Philippine Embassy or Consulate in the country where decedent is residing at the time of his death.

For estate taxes, the BIR imposes the pay-to-file system which means that you have to pay the estate tax at the same time the return is filed.

In cases involving a huge estate where the tax imposed can get too high, or in cases where the decedent left properties which are difficult to liquidate and they do not have the cash to pay the taxes, the BIR Commissioner can extend the time of payment but the extension cannot be over two (2) years if the estate is settled extrajudicially. If an extension is granted, the BIR Commissioner may require a bond in such amount, not exceeding double the amount of tax, as it deems necessary.

The estate tax is based on the value of the net estate as follows:

1. If not over P200,000, it is exempt

2. If over P200,000 but not over P500,000, then tax is 5% of the excess over P200,000

3. If over P500,000 but not over P2,000,000, then tax is P15,000 PLUS 8% of the excess over P500,000

4. If over P2,000,000 but not over P5,000,000, then tax is P135,000 PLUS 11% of the excess over P2,000,000

5. If over P5,000,000 but not over P10,000,000, then tax is P465,000 PLUS 15% of the excess over P5,000,000

6. If over P10,000,000, then tax is P1,215,000 PLUS 20% of the excess over P10,000,000

In computing the net estate, allowable deductions shall always be considered. These deductions include funeral expenses, share of the surviving spouse, medical expenses incurred by the decedent within one (1) year prior to his death, family home deduction of not more than P1,000,000.00, standard deduction of P1,000,000.00, among others. It is best to consult a lawyer or an accountant to determine to ensure that the heirs can properly indicate the deductions and exemptions and thereby determine the accurate net estate of the decedent.

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Your House Number Numerology Profoundly Influences All Aspects of Your Life

Are you planning to move house soon? Or relocating to a new city? Or hunting for an investment property? Are you undecided about which house to choose? Then let numerology be your guide. Your house, apartment or unit number interacts with the frequency of your own personal numerology to determine whether you live in harmony or discord. Your lifestyle and personality traits are affected by the vibrations set up by particular house numbers.

Love, relationships, health, money, happiness and general abundance aspects of your life are all impacted by your house number. The experiences you will have in your home can be predicted by your house number – the good, the bad and everything in between. While no one house number is best or worse, there are numbers you should try to avoid in a home address. House numbers can be interpreted and tell of opportunities and challenges as they relate to your personal life, be they in your personality or life path.

The numerological transformation of house numbers is straight forward. Indeed there are many online calculators and resources giving general numerological meanings of the nine base house numbers. However, the real skill lays in the psychic reading and interpretation of your house’s number. To transform your house or apartment number, take the individual digits and add them. Then keep repeating this process until you arrive at a single digit. This is then your house’s special number. For example, say your home number is 672. First add 6+7+2 to get 15. Then add 1+5 to get your base number of SIX. Often units and apartments have more than one number (for example Unit 272, Number 87 Happy Road). The more unique number is the most important, in our example, the unit number ‘272’ – but your numerologist will be interested in both.

Business and work place addresses work the same way as house and apartment numbers. Ask your numerologist to figure out your house number and also to look at your work place number for its meaning to build a more complete picture of your numerology.

Even though the mechanics of determining a dwelling’s base number are reasonably easy, it takes a gifted and well practiced numerologist to interpret this number and determine the interactions with your personal life stage numerology.

What happens if my numerologist doesn’t like my house number? Do I have to move? Well not necessarily, as with anything there are degrees of harmony between you and your house or apartment number. It is more a case of being aware of dissonance and compatibilities between your house and you. Your numerologist may recommend adding a complimentary number to the inside of your front door or letter box to modify the house’s base number and restore harmony.

Eventually, you will move into another phase of your life when the incompatibility will go away anyway. For example, if you are young, single and carefree you may be best suited to a house with a base number of THREE. Later, when you have settled and growing a young family you may be more interested in security which can be found in houses with a base number of FOUR.

Better still, if possible get you numerologist to examine your potential house street number before you buy or lease the house in the first place. If all else fails you can of course move house to find a more compatible house number, but this should be last resort. Bear in mind that some house numbers are harder to sell than others. Selling a FOUR house can sometimes be problematic. The natural extension of this last point is that house number numerology has a big impact on property investment. Also, if the house or unit is an investment property, you need to consider the impact of the numerology of the house number on the potential tenants. Are they going to be compatible with the dwelling and live there happily?

I hope you can see now that the number of where you live interacts with your own personal numerology to impact on the all aspects of you life. If you are looking for a new house to buy or apartment to rent then consider the numerological implications of the house, apartment or unit number. And don’t forget that even if you’re house numerology in not favorable – all is not lost. There are things an expert numerologist can recommend to neutralize and overcome the negative connotations of your house’s street number to reinstate harmony in the dwelling. While it is a simple arithmetic task to calculate your house’s base number, it takes a gifted and professional numerologist to decipher the interactions between your own personal numerology and that of your place of abode.

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Fire Insurance Under Indian Insurance Law

A contract of Insurance comes into being when a person seeking insurance protection enters into a contract with the insurer to indemnify him against loss of property by or incidental to fire and or lightening, explosion, etc. This is primarily a contract and since as is governed by the general law of contract. However, it has certain special features as insurance transactions, such as utmost faith, insurable interest, indemnity, subrogation and contribution, etc. These principles are common in all insurance contracts and are governed by special principles of law.

FIRE INSURANCE:

According to S. 2 (6A), "fire insurance business" means the business of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss by or incidental to fire or other occurrence, typically included among the risks Insured against in fire insurance business.

According to Halsbury, it is a contract of insurance by which the insurer agreements for consideration to indemnify the assured up to a certain amount and subject to certain terms and conditions against loss or damage by fire, which may happen to the property of the assured during A specific period.
Thus, fire insurance is a contract whereby the person, seeking insurance protection, enters into a contract with the insurer to indemnify him against loss of property by or incidental to fire or lightning, explosion etc. This policy is designed to insure one's property and other items from loss occurring due to complete or partial damage by fire.

In its strict sense, a fire insurance contract is one:

1. Whose principle object is insurance against loss or damage occurred by fire.

2. The extent of insuurer's liability being limited by the sum assured and not necessarily by the amount of loss or damage sustained by the insured: and

3. The insurer having no interest in the safety or destruction of the insured property apart from the liability undertaken under the contract.

LAW GOVERNING FIRE INSURANCE

There is no statutory enactment governing fire insurance, as in the case of marine insurance which is regulated by the Indian Marine Insurance Act, 1963. The Indian Insurance Act, 1938 primarily dispute with regulation of insurance business as such and not with any general or special Principles of the law relating to fire of other insurance contracts. So also the General Insurance Business (Nationalization) Act, 1872. In the absence of any legislative enactment on the subject, the courts in India have in dealing with the topic of fire insurance have relied so far on judicial decisions of Courts and opinions of English Jurists.

In determining the value of property damaged or destroyed by fire for the purpose of indemnity under a policy of fire insurance, it was the value of the property to the insured, which was to be measured. Prima facie that value was measured by reference of the market value of the property before and after the loss. However such method of assessment was not applicable in cases where the market value did not represent the real value of the property to the insured, as where the property was used by the secured as a home or for carrying business. In such cases, the measure of indemnity was the cost of reinstatement. In the case of Lucas v. New Zealand Insurance Co. Ltd. [1] Where the assured property was purchased and held as an income-producing investment, and there before the court held that the proper measure of indemnity for damage to the property by fire was the cost of reinstatement.

INSURABLE INTEREST

A person who is so interested in a property as to have benefit from its existence and prejudice by its destruction is said to have insurable interest in that property. Such a person can insure the property against fire.

The interest in the property must exist both at theception as well as at the time of loss. If it does not exist at the momentment of the contract it can not be the subject-matter of the insurance and if it does not exist at the time of the loss, it suffers no loss and needs no indemnity. Thus, where he sells the insured property and it is damaged by fire thereafter, he suffers no loss.

RISKS COVERED UNDER FIRE INSURANCE POLICY

The date of conclusion of a contract of insurance is issuance of the policy is different from the acceptance or assumption of risk. Section 64-VB only lays down broadly that the insurer can not assume risk prior to the date of receipt of premium. Rule 58 of the Insurance Rules, 1939 speaks about advance payment of premiums in view of sub section (!) Of Section 64 VB which enables the insurer to assume the risk from the date onwards. If the proposer did not desire a particular date, it was possible for the proposer to negotiate with insurer about that term. Precisely, therefore the Apex Court has said that final acceptance is that of the assured or the insurer depends simply on the way in which negotiations for insurance have progressed. Although the following are risks which seem to have covered Fire Insurance Policy but are not entirely covered under the Policy. Some of contentious areas are as follows:

FIRE: Destruction or damage to the property insured by its own fermentation, natural heating or spontaneous combustion or its undergoing any heating or drying process can not be treated as damage due to fire. For eg, paints or chemicals in a factory undergoing heat treatment and consequently damaged by fire is not covered. Further, burning of property insured by order of any Public Authority is excluded from the scope of cover.

LIGHTNING: Lightning may result in fire damage or other types of damage, such as a roof broken by a falling chimney stuck by lightning or cracks in a building due to a lightning strike. Both fire and other types of damages caused by lighting are covered by the policy.

AIRCRAFT DAMAGE: The loss or damage to property (by fire or otherwise) directly caused by aircraft and other aerial devices and / or articles dropped there from is covered. However, destruction or damage resulting from pressure waves caused by aircraft traveling at supersonic speed is excluded from the scope of the policy.

RIOTS, STRIKES, MALICIOUS AND TERRORISM DAMAGES: The act of any person taking part along with others in any disturbance of public peace (other than war, invasion, mutiny, civil commotion etc.) is constrained to be a riot, strike or a terrorist Activity. Unlawful action would not be covered under the policy.

STORM, CYCLONE, TYPHOON, TEMPEST, HURRICANE, TORNADO, FLOOD and INUNDATION: Storm, Cyclone, Typhoon, Tempest, Tornado, and Hurricane are all different types of violent natural disasters that are accompanied by thunder or strong winds or heavy rainfall. Flood or Inundation occurs when the water rises to an abnormal level. Flood or inundation should not only be understood in the common sense of the terms, ie, flood in river or lakes, but also accumulation of water due to choked drains would be deemed to be flood.

IMPACT DAMAGE: Impact by any Rail / Road vehicle or animal by direct contact with the insured property is covered. However, such vehicles or animals should not belong to or owned by the insured or any occupier of the treaties or their employees while acting in the course of their employment.

SUBSIDENCE AND LANDSLIDE INCULUDING ROCKSIDE: Destruction or damage caused by Subsidence of part of the site on which the property stands or Landslide / Rockslide is covered. While Evidence means sinking of land or building to a lower level, Landslide means sliding down land normally on a hill.

However, normal cracking, settlement or bedding down of new structures; Settlement or movement of made up ground; Coastal or river erosion; Defective design or workmanship or use of defective substances; And demolition, construction, structural alterations or repair of any property or ground-works or excavations, are not covered.

BURSTING AND / OR OVERFLOWING OF WATER TANKS, APPARATUS AND PIPES: Loss or damage to property by water or otherwise on account of bursting or accidental overflowing of water tanks, apparatus and pipes is covered.

MISSILE TESTING OPERATIONS: Destruction or damage, due to impact or other from trajectory / projectiles in connection with missile testing operations by the Insured or anyone else, is covered.

LEAKAGE FROM AUTOMATIC SPRINKLER INSTALLATIONS: Damage, caused by water accidentally discharged or leaked out from automatic sprinkler installations in the insured's promises, is covered. However, such destruction or damage caused by repairs or alterations to the buildings or concessions; Repairs removal or extension of the sprinkler installation; And defects in construction known to the insured, are not covered.

BUSH FIRE: This covers damage caused by burning, whether incidental or otherwise, of bush and jungles and the clearing of lands by fire, but excluding destruction or damage, caused by Forest Fire.

RISKS NOT COVERED BY FIRE INSURANCE POLICY

Claims not maintained / covered under this policy are as follows:

O Theft during or after the occurrence of any insured risks

O War or nuclear perils

O Electrical breakdowns

O Ordered burning by a public authority

O Subterranean fire

O Loss or damage to bullion, precious stones, curios (value more than Rs.10000), plans, drawings, money, securities, cheque books, computer records except if they are categorically included.

O Loss or damage to property moved to a different location (except machinery and equipment for cleaning, repairs or renovation for more than 60 days).

CHARACTERICTICS OF FIRE INSURANCE CONTRACT

A fire insurance contract has the following characteristics namely:

(A) Fire insurance is a personal contract

A fire insurance contract does not ensure the safety of the insured property. Its purpose is to see that the insured does not suffer loss by reason of his interest in the insured property. His, if his connection with the assured property ceases by being transferred to another person, the contract of insurance also comes to an end. It is not so connected with the subject matter of the insurance as to pass automatically to the new owner to what the subject is transferred. The contract of fire insurance is so a mere a personal contract between the insured and the insurer for the payment of money. It can be validly assigned to another only with the consent of the insurer.

(B) It is an and indivisible contract.

Where the insurance is of a binding and its contents of stock and machinery, the contract is expressly agreed to be divisible. Thus, where the insured is guilty of breach of duty towards the insurer in respect of one subject matters covered by the policy, the insurer can avoid the contract as a whole and not only in respect of that particular subject mater, unless the right is restricted By the terms of the policy.

(C) Cause of fire is immaterial

In insuring against fire, the insured wishes to protect him from any loss or detriment which he may suffer upon the occurrence of a fire, however it may be caused. So long as the loss is due to fire within the meaning of the policy, it is immaterial what the cause of fire is, generally. Thus, whether it was because the fire was lighted improperly or was lighted properly but negligently attended to thereafter or wherever the fire was caused on account of the negligence of the insured or his servants or strangers is immaterial and the insurer is liable to indemnify the insured . In the absence of fraud, the proximate cause of the loss only is to be looked to.

The cause of the fire however becomes material to be investigated

(1). Where the fire is occurred not by the negligence of, but by the willful

(2) Where the fire is due is to cause falling with the exception in the contract.

LIMITATION OF TIME

Indemnity insurance was an agreement by the insurer to confer on the insured a contractual right, which prima facie, came into existence immediately when the loss was suffered by the happening of an event insured against, to be put by the insurer into the same position in Which the accused would have had the event not occurred but in no better position. There was a primary liability, ie to indemnify, and a secondary liability ie to put the insured in his pre-loss position, either by paying him a specified amount or it might be in some other manner. But the fact that the insurer had an option as to the way in which he would put the insured into pre-loss position did not mean that he was not liable to indemnify him in one way or another, immediately the loss occurred. The primary liability arises on the occurrence of the event insured against. So, the time ran from the date of the loss and not from the date on which the policy was avoided and any suit filed after that time limit would be barred by limitation. [2]

WHO MAY INSURE AGAINST FIRE?

Only those who have insurable interest in a property can take fire insurance thereon. The following are among the class of persons who have been held to possess insurable interest in, property and can insure such property:

1. Owners of property, whether sole, or joint owner, or partner in the firm owning the property. It is not necessary that they should possession also. Thus a lesser and a lessee can both insure it jointly or severely.

2. The vender and purchaser have both rights to insure. The vendor's interest continues until the conveyance is completed and even thereafter, if he has an unpaid vendor's lien over it.

3. The mortgagor and mortgagee have both distinct interests in the mortgaged property and can insure, per Lord Esher MR "The mortgagee does not claim his interest through the mortgagor, but by virtue of the mortgage which has given him an interest distinct from that of The mortgagor "[3]

4. Trustees are legal owners and beneficaries the beneficial owners of trust property and each can insure it.

5. Bailees such as carriers, pawnbrokers or warehouse men are responsible for there safety of the property entrusted to them and so can insure it.

PERSON NOT ENTITLED TO INSURE

One who has no insurable interest in a property can not insure it. For example:

1. An unsecured creditor can not insure his debtor's property, because his right is only against the debtor personally. He can, however, insure the debtor's life.

2. A shareholder in a company can not insure the property of the company as he has no insurable interest in any asset of the company even if he is the sole shareholder. As was the case of Macaura v. Northen Assurance Co. [4] Macaura. Because neither as a simple creditor nor as a shareholder had he any insurable interest in it.

CONCEPT OF UTMOST FAITH

As all contracts of insurance are contracts of utmost good faith, the proposer for fire insurance is also under a positive duty to make a full disclosure of all material facts and not to make any misrepresentations or misdescreptions during during the negotiations for obtaining the policy. This duty of utmost good faith applies equally to the insurer and the insured. There must be complete good faith on the part of the assured. This duty to observe utmost good faith is ensured b requiring the proposer to declare that the statements in the proposal form are true, that they shall be the basis of the contract and that any incorrect or false statement therein shall avoid the policy. The insurer can then rely on them to assess the risk and to fix appropriate premium and accept the risk or decline it.

The questions in the proposal form for a fire policy are so framed as to get all information which is material to the insurer to know in order to assess the risk and fix the premium, that is, all material facts. Thus the proposer is required too give information relating to:

O The proposer's name and address and occupation

O The description of the subject matter to be assured sufficient for the purpose of identifying it including,

O A description of the locality where it is situated

O How the property is being used, whether for any manufacturing purpose or hazardousous trade.etc

O Whether it has already been insured

O And also ant personal insurance history including the claims if any made buy the proposer, etc.

Apart from questions in the proposal form, the proposer should disclose whether questioned or not-

1. Any information which would indicate the risk of fire to be above normal;

2. Any fact which would indicate that the insurer's liability may be more than normal can be expected such as existence of valuable manuscripts or documents, etc, and

3. Any information bearing upon the more; Hazard involved.

The proposer is not obligatory to declare-

1. Information which the insurer may be presumed to know in the ordinary course of his business as an insurer;

2. Facts which tend to show that the risk is less than otherwise;

3. Facts as to which information is waived by the insurer; And

4. Facts which need not disclosed in view of a policy condition.

Thus, assured is under a solemn obligation to make full disclosure of material facts which may be relevant for the insurer to take into account while deciding whether the proposal should be accepted or not. While making a disclosure of the relevant facts, the

DOCTRINE OF PROXIMATE CAUSE

Where more perils than one act simultanously or successively, it will be difficult to assess the relative effect of each peril or pick out one of these as the actual cause of the loss. In such cases, the doctrine of proximate cause helps to determine the actual cause of the loss.
Proximate cause was defined in Pawsey v. Scottish Union and National Ins. [5] as "the active, effective cause that sets in motion a train of events which brings about a result without the intervention of any force started and working actively from a new and independent source." It is dominant and effective cause even though it is not the nearest in time. It is therefore necessary when a loss occurs to investigate and ascertain what is the proximate cause of the loss in order to determine whether the insurer is liable for the loss.

PROXIMATE CAUSE OF DAMAGE

A fire policy covers risks where damage is caused by way of fire. The fire may be caused by lightening, by explosion or implosion. It may be result of riot, strike or on account of any, malicious act. However these factors must absolutely lead to a fire and the fire must be the proximate cause of damage. Therefore, a loss caused by theft property by militants would not be covered by the fire policy. The view that the loss was covered under the malicious act clause and therefore. The insurer was liable to meet the claim is untenable, because unless and until fire is the proximate cause f damage, no claim under a fire policy would be maintained. [6 ]

PROCEDURE FOR TAKING A FIRE INSURANCE POLICY

The steps involved for taking a fire insurance policy are stated below:

1. Selection of the Insurance Company:

There are many companies that offer fire insurance against unforeseen events. The individual or the company must take care in the selection of an insurance company. The judgment should rest on factors like goodwill, and long term standing in the market. The insurance companies can either be approached directly or through agents, some of them who are appointed by the company itself.

2. Submission of the Proposal Form:

The individual or the business owner must submit a completed prescribed proposal form with the necessary details to the insurance company for proper consideration and subsequent approval. The information in the Proposal Form should be given in good faith and must be accompanied by documents that verify the actual value of the property or goods that are to be insured. Most of the companies have their own personal Proposal Forms wherein the exact information has to be provided.

3. Survey of the Property / Consideration:

Once the duly filled Proposal Form is submitted to the insurance company, it makes an "on the spot" survey of the property or the goods that are the subject matter of the insurance. This is usually done by the investigators, or the surveyors, who are indicated by the company and they need to report back to them after a thorough research and survey. This is imperative to assess the risk involved and calculate the rate of premium.

4. Acceptance of the Proposal:

Once the detailed and comprehensive report is submitted to the insurance company by the surveyors and related officers, the former makes a thorough perusal of the Proposal form and the report. If the company is satisfied that their is no lacuna or foul play or fraud involved, it typically "accepts" the Proposal Form and routes the insured to pay the first premium to the company. It is to be noted that the insurance policy commences after the payment and the acceptance of the premium by the insured and the company, respectively. The Insurance Company issues a Cover Note after the acceptance of the first premium.

PROCEDURE ON RECEIPT OF NOTICE OF LOSS

On receipt of the notice of loss, the insurer requires the insured to furnish details relating to the loss in a claim from relating to the following information-

1. Circumstances and cause of the fire;

2. Occupancy and situation of the premises in which the fire occurred;

3. Insured's interest in the insured property; That is capacity in which the insured claims and if any others are interested in the property;

4. Other insurances on the property;

5. Value of each item of the property at the time of loss together with proofs thereof, and value of the salvage, if any; And

6. Amount claimed

Furnishing such information relating to the claim is also a condition precedent to the liability of the insurer. The above information will enable the insurer to verify whether-

(1) The policy is in force;

(2) The peril causing the loss is an insured peril;

(3) The property damaged or lost is the insured property.

Rules for calculation of value of property

The value of the insured property is-

1) Its value at the time of loss, and

2) At the place of loss, and

3) Its real or intrinsic value without any regard for its sentimental vale. Loss of prospective profit or other consequential loss is not to be taken into account.

FILING OF CLAIMS

How a claim arises?

After a contract of fire insurance has come into existence, a claim may arise by the operation of one or more insured perils on an unsecured property. There may in addition one or more uninsured perils also operating simultaniously or in succession of the property. In order that the claim should be valid the following conditions must be fulfilled:

1. The occurrence should take place due to the operation of an insured peril or where both insured and other perils operated, the dominant or efficient cause of the loss must have been insured peril;

2. The operation of the peril must not come within the scope of the policy exceptions;

3. The event must have caused loss or damage of the insured property;

4. The occurrence must be during the currency of the policy;

5. The insured must have fulfilled all the policy conditions and should also comply with requirements to be fulfilled after the claim had arisen.

MATERIAL FACTS IN FIRE INSURANCE: PREVIOUS CONVICTION OF THE ACCUSED

The criminal record of an assured could affect the moral hazard, which insurers had to assess, and the non-disclosure of a serious criminal offense like robbery by the plaintiffiff would have a material non-disclosure.

INSURED'S DUTY ON OUTBREAK OF FIRE, IMPLIED DUTY

On the outbreak of a fire the insured is under an obligation duty to observe good faith towards the insurers and the in pursuit of it the insured must do his best to avert or minimize the loss. For this purpose he must (1) take all reasonable measures to put out the fire or prevent its spread, and (2) assist the fire brigade and others in their attempts to do so at any rate not come in their way.
With this object the assured property may be removed to a place of safety. Any loss or damage the assured property may sustain in the course of attempts to combat the fire or during its removal to a place of safety etc., will be deemed to be loss proximately caused by the fire.

If the insured failures in his duty willfully and thenby increases the burden of the insurer, the insured will be deprived of his right to revive any indemnity under the policy. [7]

INSURER'S RIGHTS ON THE OUTBREAK OF FIRE

(A) Implied Rights

Corresponding to the insured's obligations the insurers have rights by the law, in view of the liability that they have undertaken to indemnify the insured. Thus the insurers have a right to-

O Take reasonable measures to extinguish the fire and to minimize the loss to property, and

O For that purpose, to enter upon and take possession of the property.

The insurers will be liable to make good all the damage the property may sustain during the steps taken to put out the fire and as long as it in their possession, because all that is considered the natural and direct consequence of the fire; It has therefore been held in the case of Ahmedbhoy Habibhoy v. Bombay Fire Marine Ins. Co [8] that the extent of the damage flowing from the insured peril must be assessed when the insurer gives back and not as at the time when the peril ceased.

(B) Loss caused by steps taken to avert the risk

Damage sustained due to action taken to avoid an insured risk was not a consequence of that risk and was not recoverable unless the insured risk had begun to operate. In the case of Liverpool and London and Globe Insurance Co. Ltd v. Canadian General Electric Co. Ltd., [9] the Canadian Supreme Court held that "the loss was caused by the fire fighters' mistaken belief that their action was necessary to avert an explosion, and the loss was not recoverable under the insurance policy, which covered only damage caused By fire explosion., And the loss was not recoverable under the insurance policy, which covered only damage caused by fire or explosion. "

(C) Express rights

Condition 5 in order to protect their rights well insurers have prescribed for better rights in this condition according to which on the occurrence of any destruction or damage the insurer and every person authorized by the insurer may enter, take or keep possession of the building Or promises where the damage has happened or require it to be delivered to them and deal with it for all reasonable purposes like examining, arranging, removing or sell or dispose off the same for the account of which it may concern.

When and how a claim is made?

In the event of a fire loss covered under the fire insurance policy, the Insured shall immediately give notice thereof to the insurance company. Within 15 days of the occurrence of such loss, the Insured should submit a claim in writing, giving the details of damages and their estimated values. Details of other insurances on the same property should also be declared.

The Insured should procure and produce, at his own expense, any document like plans, account books, investigation reports etc. On demand by the insurance company.

HOW INSURANCE MAY CEASE?

Insurance under a fire policy may cease in any of the following circumstances, namely:

(1) Insurer avoiding the policy by reason of the insured making misrepresentation, misdescription or non-disclosure of any material particular;

(2) If there is a fall or displacement of any insured building range or structure or part thereof, then on the expiration of seven days wherefrom, except where the fall or displacement was due to the action of any insured peril; Notwithstanding this, the insurance may be revived on revised terms if express notice is given to the company as soon as the occurrence takes place;

(3) The insurance may be terminated at any tie at the request of the insured and at the option of the company on 15 days notice to the insured

CONCLUSION

Tangible property is exposed to numerous risks like fire, floods, explosions, earthquake, riot and war, etc. And insurance protection can be had against most of these risks frequently or in combination. The form in which the cover is expressed is numerous and varied. Fire insurance in its strict sense is concerned with giving protection against fire and fire only. So while granting a fire insurance policy all the requisites need to be fulfilled. The insured are under a moral and legal obligation to be at utmost good faith and should be telling true facts and not just fake grounds only with the greed to recover money. Further all insurance policies help in the development of a Developing nation. Hence insurance companies have a hidden to help the insured when the insured are in trouble.

REFERENCE:

1. (1983) VR 698 (Supreme Court of Vienna)

2. Callaghan v. Dominion Insurance Co. Ltd. (1997) 2 Lloyd's Rep. 541 (QBD)

3. Small v. UK Marine Insurance Association (1897) 2 QB 311
4. (1925) AC 619

5. (1907) Case.

6. National Insurance Company v. Ashok Kumar Barariio

7. Devlin v. Queen Insurance Co, (1882) 46 UCR 611.

8. (1912) 40 IA 10 PC

9. (1981) 123 DLR (3d) 513 (Supreme Court of Canada)

Books Referred:

1. The Economics of Fire Protection by Ganapathy Ramachandran

2. Modern Insurance Law, by John Birds

3. The Handbook of Insurance Regulatory and Development Authority Act and Regulations with Allied Laws, by Nagar

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The Pros and Cons of Discount Travel Clubs

If you love to travel, but can not seam to do it as often as you would like, you should consider looking into a good travel club.

My wife LOVES to travel the world as I am sure many of you do, but it was always so expensive. I am here to tell you, it does not have to be.

This is how travel clubs work.

When you think about it owning a resort property is just like any other business. They need a steady flow of customers to be profitable. Their unique challenge is, they also need a consistent flow of customers preferably evenly spaced through the entire year other many issues start to become problems for them. To many customers all at once is lost business, probably to your competition. Not enough customers means empty rooms and lost business and revenue, which makes staffing as well as many other things VERY difficult.

The challenge is to keep a steady flow of customers, preferably even spaced all year long. But how do they do that?

One way resort owners have discovered to help with this is by affiliating with travel clubs to offer club members unreserved rooms at deep discounts. This helps keep a steady flow of customers all year long, and helps the owner keep a properly staffed business running.

Think about it from their perspective, would you rather have an empty room and NO income, and have a staff to pay with no customers to serve or income being produced? Or, to keep a good quality staff busy, have customers that may only be paying enough to cover your expenses with little or no profit?

It does not take long as a business owner to figure out that "when possible" you sell at full price, when necessary you take a discount and less profit, and when push comes to shove at least cover expenses to avoid taking a loss.

Even taking some loss is acceptable if it helps with staffing issues, inventory, food shelf life, advertising, budgeting, exposure and many other business issues. As long as it is not the norm, obviously.

Now, keep in mind, all travel clubs are NOT created equal.

The owner of the travel club is also doing business. He wants to provide his members with an attractive offer to build membership, but also wants to make money in HIS business, which IS the travel club. If the owner is more concerned about profit, than they are about giving value to their members, that club has a limited future.

The saying that just popped into my head was "It is better to have a little bit of something, than a whole lot of nothing."

The resort owners are constantly negotiating transactions (level of discount) with hundreds of travel club owners.

The owner of a particular travel club may have negotiated with the resort owners the best prices for his club, but if he is trying to make to much profit with his travel club, his members would not be getting the best deals!

It is very hard to negotiate regardless, without something the other party wants. Therefore, the more members you have in your club the easier it is to negotiate great deals. But getting lots of members is no easy task in itself.

The most successful travel club owner has figured out how to build a large following (with minimal cost) so they have the leverage to negotiate great deals other clubs can not, but because of their low overhead they can pass most of the savings along to Their members.

We all know that the BEST form of advertising is, word of mouth. As luck would have it, it is also the least expensive. (Free) So, if you (as a club owner) were to pay your current members (for new memberships) to advertise by word of mouth or however they choose, and generate members for you just by telling potential members about your club and the Huge savings they had received, you would have a growing membership with minimal expenses, therefore, you could pass dramatic savings on to your members which in turn would help generate more members more easily and get better discounts.

As I stated earlier, not all travel clubs are created equal, just as with any other business. You must do your research to find a club that offers a large inventory of locations, at deep discounts to its members, without charging too much for their membership. That travel club will continue to grow in size and value, and provide you with a lifetime of deeply discounted travel for minimal cost so you can travel the world and enjoy what the world has to offer.

Travel clubs can be a great opportunity to save your hard earned money. Just make sure you do your research and find the right one, otherwise you are not going to get the most value possible for your money.

Good luck, and I'll see you on the beaches of the world.

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Seven Cover Reviews of the Best Travel Trailer Covers Sold on the Internet and Retail Stores

Usually an outdoor enthusiasts begins to show interest in a travel trailer when they feel that they have outgrown the “sleeping in the outdoors or tent” phase and are ready to enjoy the luxuries of home and yet still have that feeling of living & camping outside by the ocean or lake or in the mountains or desert. Purchasing a travel trailer is an investment that the RV owner hopes will last for many years and numerous excursions. Travel trailers can and will last for many years, sometimes decades. The interior will keep its looks as long as it is protected from sunlight exposure. If an RV is left uncovered the sun’s UV rays will beat down on the camper and fade the interior upholstery, curtains, blinds, carpets, and bedding. The exterior will show its age a great deal faster than the interior. In only a matter of years a travel trailer that is left unprotected from the weather, will exhibit quick and steady exterior damage when the decals fade, crack, spilt and eventually wear off. The plastic window and door seals will turn gray to black in just a year. The welded seams that connect the sides will expand and contract with every snow fall because freezing/melting cycle that occurs when the snow melts on the roof crevices but remain in the crevice, then re-freezes in the tiny, microscopic crevices. These seams will expand inevitably with the freeze cycle that causes a widening of the connecting seams. This constant cycle of water freezing, melting and re-freezing will eventually cause problems with the roof which results in very costly repairs.

The easiest way to prevent the aging process on your travel trailer is to cover it with the best RV cover for the area in which the travel trailer will be stored and for the time in which you will be storing your camping trailer. With so many RV covers on the market how are you going to be able to find the cover that you need?

For the most part, all of the deluxe RV storage covers discussed in this article are sold on the Internet (as well as Walmart, Sears, and Cabelas) and are basically made of the same material (polypropylene) with few differences. Advertised as deluxe winter snow covers these travel trailer RV covers, (Expedition, ADCO, PolyPro 3, Camco and CoverKing) are generally made of triple-layered breathable non-woven polypropylene. The roof/top of the cover is made to accommodate the AC on the roof and is usually large enough to extend over the sides to protect the awning. At the joining seams where the roofing top meets the single layer of polypropylene sides there are vent flaps that allow the cover “to breathe”. These vents prevent wind friction and moisture buildup that would cause mold and mildew to develop. The sides have several long zippered entry panels that will allow you access to your travel trailer during the storage period. The entire cover is usually secured with an integrated tie-down strap system with adjustable click-close buckles and tension panel flaps in the front and back of the travel trailer that reduce cover stress when tightening or loosening the straps on the cover. This gives the RV cover a semi-custom fit. The major differences between all of these winter snow covers comes in the price and the length of the warranty of the product.

Winter Covers for Travel Trailers 20-33 ft Cost & Warranty

Expedition by Eevelle Cost: $205 – $321 Warranty: 3 years

ADCO Designer made with Tyvek Cost: $262 – $365 Warranty: 2 years

Poly Pro 3 by Classic Accessories Cost: $273 – $341 Warranty: 3 years

Camco Ultraguard Cost: $262 – $415 Warranty: 2 years

CoverKing 600 Denier Presidium Cost: $375 – $575 Warranty: Repair for 1yr

When a travel trailer is stored through the summer in the extreme Southeast and Southwest, the cover must be made from an extremely rugged durable woven material. Travel trailers that are in the sun year-round must have a cover with ultimate UV protection. Winter snow covers (like the Expedition, PolyPro 3, Camco Ultraguard, CoverKing Presidium & the Tyvek ADCO cover) disintegrate within a few short months if they are used to protect the RV through the summer. The non-woven fabric cannot stand up to the intense UV rays in this area of the United States. There are two RV covers made of woven material. The first cover that is made with the newest technology in UV block protection is called the PermaPro RV cover made by Classic Accessories. This RV cover is backed by the newest technology in extra strength UV block protection. The PermaPro cover is made of a light weight extra strength ripstop fabric that is tear resistant with nylon reinforcements in the material. The fabric resembles that used in parachutes and athletic wear. This water-repellent fabric repels rain and snow to make it an all season protective RV cover. This travel trailer cover ranges in cost from $375 – $505 and is backed by a four-year warranty.

The Goldline RV cover sold by Eevelle has long been recognized as the best RV cover by customers and dealers alike. The Goldline RV covers are designed to outperform every other RV cover in all the critical categories of RV protection- strength, durability, water repellency, etc. The extra strength yet supple Goldline Tru-weave woven fabric can handle the strongest winds and can stand up to the extreme UV rays of the sun as well as being a water-repellent rain & snow semi-custom storage cover. This travel trailer cover ranges in cost from $455 – $578 and is backed by a five-year warranty. The Goldline is also the only RV cover made for small travel trailers (10 – 20 ft.) as well as the extremely large ones (up to 46 ft. long).

PermaPro and Goldline are the only extra strength travel trailer covers that can be used as summer storage covers. Their woven design stands up to the winds that accompany winter and foretell the change of seasons. Both of these covers are truly all season RV covers that will protect the investment you made into your travel trailer as well as all the upcoming vacations & excursions you will take well into the next several years.

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The Relationship Between Insurance and Finance

Insurance and finance are closely interwoven fields of business, not least because they both involve money. They also often both involve speculation and risk, and often where one goes, the other will follow. Take property investment for example, it involves a large amount of capital out lay, swiftly followed by insurance to protect the capital investment. It would be ridiculous to spend such a vast sum of money on a venture and not protect it against possible damage. It therefore makes sense to store information on these two subjects together, as the relationship is so logical.

Insurance is a form of risk management used to protect the insured against the risk of a loss. It is defined as the equitable transfer of the risk of a loss from one entity to another in exchange for a premium. There are different kinds of insurance for just about every conceivable event. The most common insurance is probably life insurance, which provides a monetary benefit to a decedent’s family or other designated beneficiary.

It can cover funeral or burial costs and can be paid out to the beneficiary in either a lump sum or as an annuity. Property insurance is one of the more necessary insurances as property is extremely expensive and if it is lost or damaged for some reason (fire, earthquake, flood) it can be very difficult to replace without adequate reimbursement. Travel insurance used to be seen as an unnecessary expense and is still viewed as such by many. Its importance is, however, being increasingly recognised by the public at large. It is cover taken by those who travel abroad and covers certain unforeseen events such as medical expenses, loss of personal belongings, travel delays etc. There are numerous other types of insurance, too many to mention, all vital if you want to protect something of particular importance to you or another.

In the world of finance there are many sub-categories, also too numerous to mention but a few will be included here. Forex, or the foreign exchange market wherever one currency is traded for another. It includes trading between banks, speculators, institutions, corporations, governments, and other financial markets. The average daily trade in the global forex is over US$ 3 trillion.

Tax consulting usually involves CPAs and tax lawyers in addressing any tax issues that you may have. There may also be Professional Strategic Tax Planners and Enrolled Agents, depending on the company that you hire. They will help you reduce your tax debt, eliminate tax penalties, an innocent spouse claim, tax liens, bank levies, and preparing unfilled tax returns, as well as any other tax resolution problem that you might have.

Property investment is usually when an investor buys property with an eye to generate profit and not to occupy it. It is an asset that has been purchased and held for future appreciation, income or portfolio purposes. In some instances an investment property does not have to be held for profit, as some landlords in New York lease office buildings to non-profit organisations for tax purposes. Homeowners consider their homes to be investments but they aren’t classified as investment properties. Perhaps if you’re buying your second or third home, it can be considered an investment property, especially if you plan to rent it out to help pay off the home loan.

Business networking is a marketing method, which is as old as business itself. It’s been around since ever since people learned to hold a glass of whiskey and schmooze. In fact, its probably been around a lot longer, Cro-Magnon man probably gathered around the newly discovered fire and showed each other their collection of animal teeth and traded them. Creating networks of crocodile teeth owners and sabre toothed tiger owners, who tried a take over bid against the sabre toothed leopard owners. Business networking is designed to create business opportunities through social networks. It helps if the people involved are of the same frame of mind.

These days a very handy way of business networking is via the Internet on the various social media available. But it must be said that very little can beat the intimacy and trust created by face-to-face relationships. Also, where would our businessmen be without their whiskeys and weekly schmooze?

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A Brief Description Of Maui Island And Why You Need A Travel Agency Assistance

Would you like to travel to Maui? This is the second largest of the eight islands found in the Hawaii State. It possesses three big cities, including Lahaina, Kahului and Wailuku. The region lures many visitors because of its physical landmarks such as the highest volcanic mountain called Haleakala. Even the West Maui Mountains form very beautiful scenery. The western part of the island including Kaanapali, Lahaina and Kapalua has the most luxurious and elegant resorts.

This is a beautiful island and if you want to plan a getaway you cannot be wrong if you choose it. Although you can reach the region quickly by plane, cruising in a ship is more enjoyable. Besides, finding cheap Maui cruises is not a major problem. Since this landmass is a popular destination for tourists, you can expect to compete for cheaper cruise rates with very many people from your region.

How can you manage to overcome this competition for discounted cruise rates? If at all possible, you should look for a reliable travel agency that either has business branches in Hawaii or is based in this state. This is specifically true if you will be a first time visitor who plans to have a stress free trip to the island. A travel agent is therefore very useful when people are planning Maui vacations.

In the following few paragraphs you will find out more about the importance of using a travel agent and related information.

Reasons why you should use a Maui travel Agency

1. It provides guidance and direction through out the trip and is able to help people save money.

2. A travel operator boosts safety of new travelers throughout a whole week’s trip or even a longer one.

3. It keeps travelers from getting into trouble with the authorities in the Island

4. It recommends the best accommodation facilities as well as proper means of transportation in this wonderful island.

How you can locate a Maui Travel Agency

It is extremely easy to locate a good tour company if you know how to use the internet wisely. Look for Maui travel agents’ reviews, analyze them carefully and choose a few good companies. Go to the related forums and blogs and read prior visitors’ comments and articles. In short, you need to take your time to research carefully before making a decision about whom to hire among many tour operators that serve Maui. The best thing to do is to look for an agent that can give you a single package for the entire journey. The package should include the hotel accommodation, foods and drinks, transportation and other leisurely costs.

What your Maui tour guide should tell you in advance

An imperative detail that you want your guide to tell you about in advance is the requirements for entry in Maui, Hawaii. If you come from outside the U.S, you need to know about the passport, visas and other mandatory entry information before the travel day comes. Moreover, the agent should mention something about the climate, especially if you would be traveling with your family.

You want to avoid traveling with kids when hurricanes are common or when the weather is too wet. This is particularly important if you plan to participate in outdoor activities such as water sports and walking to the tourist landmarks. The guide should make you understand the available routes and the things you can see while cruising in a ship.

If you want cheaper rates, the planner of Maui vacations should be able to provide you an inexpensive bill without compromising the quality of your visit. You can also ask the travel guide about trip insurance, car rental services, traffic around the region and many other important issues.

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Thermal Mugs: Plastic Vs Stainless Steel

The basic design of thermal mugs, whether they are plastic or stainless steel is the same – double wall insulation with a lid to seal the top. But even though stainless steel versions cost more than plastic versions, in the long run, they are the best deal for travelers. They can also be made of ceramic or glass, but those are generally designed for household use and not for travel due to the possibility of breakage.

The main benefits of a stainless steel mug are durability and better insulation. Steel is tough, and although plastic mugs can take a beating, a steel mug can last much longer. This is especially true when compared to the more brittle, hard plastic mugs that are sometimes used to display stylish designs and finishes. Although messy, dropping a steel mug of coffee will not generally cause any damage.

There are three basic types of insulation used; Air, foam or vacuum between double walls. Plastic versions usually use either air or foam. Both work acceptably, but air or foam is not as effective as vacuum insulation. More often than not, steel mugs use vacuum insulation which can keep beverages hot for a longer period of time. This can be quite important especially on long (and cold!) Morning commutes.

Beyond the two primary benefits, there are a few other benefits that stainless steel thermal mugs have when compared to plastic mugs. Plastic, being slightly softer, is more difficult to clean. You can use tough cleansers (making sure they're non-toxic!) On steel, but the same cleansers will scratch and damage plastic. For the same reason, plastic mugs tend to retain the flavors of the beverages that have been in them. This is not really a problem if you just drink regular generic coffee every day, but if you use the mug for different beverages, it can be.

When you look at all the factors, durability, ease of cleaning, effective insulation and better flavor, the stainless steel thermal mug is by far the best choice, even though it can be a bit more expensive. The only real benefits of plastic mugs are the lower price in the short run (which can be a big benefit if you lose your mug frequently!) And that they are slightly lighter than stainless steel mugs.

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