Malaysian Insurance & Underwriting Glossary

Technical clause definitions for corporate risk managers, procurement teams, and retail policyholders.

PERSONAL CLAUSE

Agreed Value vs Market Value (Motor)

Agreed Value settles total-loss or theft claims at the fixed sum agreed at policy renewal, whereas Market Value pays the depreciated retail price of the vehicle at the date of loss.

Selecting Agreed Value protects Malaysian vehicle owners against rapid market depreciation during the policy year, ensuring a predictable payout to clear outstanding hire-purchase bank financing if the vehicle is stolen or written off.

PERSONAL CLAUSE

Cash Before Cover (CBC) Regulation

A Bank Negara Malaysia statutory requirement stipulating that retail Motor, Personal Accident, and Travel insurance policies do not attach risk until the full premium is paid.

Enforced by Bank Negara Malaysia (BNM) and PIAM to eliminate premium credit defaults on retail classes, Cash Before Cover requires individual policyholders to remit the full gross premium prior to policy inception or renewal. Unlike commercial property policies governed by the 60-Day Premium Warranty Clause, a CBC class policy carries zero grace period: if premium is unpaid at the time of an accident, no insurance contract is in force.

BOTH CLAUSE

Condition of Average (Underinsurance Clause)

A mandatory Malaysian property and engineering policy clause that reduces claim payouts proportionally when the declared Sum Insured at the time of loss is lower than the actual full replacement or market value at risk.

Under PIAM Revised Fire Tariff and Malaysian engineering policies, the insured must maintain a Sum Insured equal to the full value of the insured property at the time of destruction or damage. If the Sum Insured is less than the true value at risk (for example, insured for RM3,000,000 when true replacement cost is RM5,000,000), the insured is considered their own insurer for the 40% difference and bears a 40% proportional reduction on every partial or total claim prior to deductible application.

BOTH CLAUSE

Continental Scale (Permanent Disablement Table)

An expanded Personal Accident benefit schedule that grades permanent partial anatomical or functional loss (such as phalanges, joints, vision, and hearing) into granular compensation percentages.

While a basic Personal Accident Scale 2 covers only total loss of limbs, sight, or paralysis at 50% to 100% of the Principal Sum Insured, the Continental Scale breaks down partial permanent disabilities—including loss of individual finger phalanges, metacarpals, toes, partial loss of hearing in one ear, or shortening of a lower limb—into specific indemnity percentages ranging from 1% to 100% of the Principal Sum Insured.

CORPORATE CLAUSE

Cross Liability Clause

An endorsement in joint-names Commercial General Liability and Contractors' All Risks policies where the insurer treats each named insured as a separate entity for third-party liability claims.

When a Principal and Main Contractor are insured jointly under one CAR or Public Liability policy, damage caused by one insured party to the property of another insured party on the same schedule would normally be excluded as own-property damage. The Cross Liability Clause overrides this by treating each named party as if a separate policy were issued to each, subject to the overall aggregate limit of indemnity.

BOTH CLAUSE

Difference Basis (Insurance Gross Profit Specification)

The standard Malaysian Business Interruption method of defining insurable Gross Profit by subtracting only variable Uninsured Working Expenses from combined Turnover and Closing Stock.

Unlike the older Additions Basis (which required the insured to list every individual standing charge by name and left unnamed overheads uninsured), the Difference Basis defines Gross Profit as the amount by which the sum of the Turnover and the amount of the Closing Stock exceeds the sum of the Opening Stock and the amount of the Specified Uninsured Working Expenses (such as raw materials, packing materials, and outward freight). Any fixed overhead not listed as an Uninsured Working Expense is automatically insured.

CORPORATE CLAUSE

Discretionary Credit Limit (DCL)

A pre-agreed credit threshold in a Trade Credit Insurance policy allowing the insured company to self-approve buyer credit limits internally using documented vetting criteria without prior insurer underwriting.

To prevent operational bottlenecks on smaller B2B accounts, Trade Credit insurers grant the policyholder a Discretionary Credit Limit (for example, up to RM50,000 or RM100,000 per debtor). As long as the insured verifies the buyer through stipulated procedures—such as clean CTOS/SSM credit agency reports or at least 12 months of prompt payment history with zero dishonored checks—credit sales within the DCL qualify for policy indemnity without individual underwriter sign-off.

CORPORATE CLAUSE

DOSH Certificate of Fitness (PMA / PMT / PMD)

A statutory safety certification issued by Malaysia's Department of Occupational Safety and Health (JKKP/DOSH) required to legally operate steam boilers (PMD), unfired pressure vessels (PMT), and hoisting machinery (PMA).

Under Malaysian occupational safety and health regulations, designated high-risk plant must undergo periodic statutory inspection by DOSH officers or licensed competent persons to maintain an active Certificate of Fitness (Sijil Perakuan Kelayakan). In Boiler and Pressure Vessel insurance as well as Machinery Breakdown policies covering cranes and hoists, maintaining a current DOSH Certificate of Fitness is a condition precedent to insurer liability.

CORPORATE CLAUSE

First Loss Insurance Basis

A policy arrangement where the insured selects a coverage limit lower than the total value at risk (typically for burglary or theft) without being penalized by the Condition of Average.

In bulky industrial warehouses where it is physically impossible for thieves to steal 100% of raw materials in a single break-in, underwriting Burglary on a First Loss basis reduces premium cost while waiving underinsurance penalties up to the chosen limit.

BOTH CLAUSE

Forcible and Violent Entry or Exit Clause

A mandatory theft condition in Malaysian Houseowner, Householder, and commercial Burglary policies requiring physical signs of break-in or break-out before theft losses are payable.

Standard PIAM Revised Fire Tariff Householder and commercial Burglary wordings exclude simple larceny, mysterious disappearance, or walk-in theft through unlocked doors or windows. To trigger policy indemnity, the loss adjuster and Royal Malaysia Police (PDRM) investigation report must confirm visible physical damage at the point of entry or exit—such as sheared padlocks, pried window grilles, or broken roof tiles—or violent assault/threat of violence against the occupants (armed robbery / hold-up).

CORPORATE CLAUSE

General Average (Maritime Law)

A maritime legal principle where all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of cargo or vessel equipment to save the whole ship in an emergency.

When a container ship suffers a fire, grounding, or engine failure, the shipowner declares General Average. Even if your specific container is untouched, customs and the salvage master will hold a lien over your cargo until a General Average Bond and Marine Cargo Insurer Guarantee are lodged.

BOTH CLAUSE

Increased Cost of Working (ICOW) & Economic Limit Test

Necessary and reasonable additional expenditure incurred during a Business Interruption Indemnity Period for the sole purpose of avoiding or diminishing a reduction in business turnover.

Standard PIAM Consequential Loss policies reimburse Increased Cost of Working—such as temporary generator rental, overtime shift premiums, or toll-manufacturing at a third-party facility—subject to the Economic Limit Test: the insurer will not pay more in additional expenditure than the sum produced by applying the Rate of Gross Profit to the reduction in turnover avoided by that expenditure.

BOTH CLAUSE

Indemnity Period (Consequential Loss / Business Interruption)

The contractual duration starting on the date of physical damage and ending when the business's financial results cease to be affected by the disruption, capped at the Maximum Indemnity Period (12, 18, 24, or 36 months).

In Malaysian Consequential Loss underwriting, the Indemnity Period is distinct from the annual policy period. Even if a fire occurs on the last day of the 12-month policy period, the Consequential Loss Indemnity Period runs forward from the date of the fire for the full duration (for example, 12 or 24 months) needed to clear debris, import replacement machinery, obtain Bomba/DOSH clearances, and restore customer turnover to pre-loss trends.

CORPORATE CLAUSE

Material Damage Proviso

A condition precedent in Consequential Loss (Business Interruption) policies requiring an underlying property insurance policy to be in force and admit liability for physical damage before business interruption loss is payable.

Every Malaysian Consequential Loss policy contains the Material Damage Proviso to prevent moral hazard and ensure repair funds exist to restore the damaged premises rapidly. Business interruption indemnity triggers only after the insurer covering the physical asset under a Fire or Machinery Breakdown policy pays or admits liability for the underlying physical damage (or would have paid but for the policy excess).

CORPORATE CLAUSE

Medical History Disregarded (MHD)

A corporate group medical underwriting concession that waives pre-existing condition exclusions and waiting periods for eligible employees in compulsory company schemes.

Available for larger non-contributory corporate groups under Group Hospitalisation & Surgical (GHS) policies, MHD allows employees with existing chronic conditions to receive inpatient treatment immediately upon policy inception.

CORPORATE CLAUSE

Reinstatement Value Clause

A property insurance basis that pays the full cost of replacing damaged buildings or machinery with new items of the same kind and capacity, without deducting for depreciation.

Under a standard indemnity fire policy, loss adjusters deduct physical wear, tear, and age depreciation from claim settlements. Attaching the Reinstatement Value Clause ensures the insurer pays the full cost to rebuild or replace destroyed plant and machinery as new, provided the asset sum insured is maintained at full replacement cost.

CORPORATE CLAUSE

Retroactive Date (Claims-Made Policies)

The earliest historical date from which professional services or managerial acts are covered under a Claims-Made policy such as Professional Indemnity or D&O.

Claims-made policies respond to claims first made during the active policy period, provided the underlying error or wrongful act occurred on or after the Retroactive Date. Maintaining continuous renewal preserves your earliest Retroactive Date.

BOTH CLAUSE

Right of Subrogation

The legal right of an insurer, after paying a claim to the policyholder, to step into the policyholder shoes and pursue recovery from the negligent third party who caused the loss.

Because insurers rely on subrogation to recover payouts from negligent hauliers, shipping lines, or neighboring premises, policyholders must never sign waivers of liability or clean delivery receipts that prejudice the insurer recovery rights.