Coconut Wind-Storm Insurance Regulations, 1949

COCONUT INSURAh'CE THE COCONUT INSURANCE ACT REGULATIONS (under section 3) The Coconut Wind-Storm Insurance Regulations, 1949 L N 56/49 50152 G N 1406152 LNn 61153 21154 57158 204160 330162 1W163 3 10164 1 10166 141169 381170 41/72 45/77 68Dl78 21N80 3A184 I !a6 2/88 1 '189 26'189 (dd 15 1989) 1192 IN193 I N96 194196 1198 938/98 2/\/?002 222003 lSU2005 l l U2007 NOTICE (under regulation 2(1) of the Coconut Lethal Yellowing Insurance Regulations, 1966) The Coconut Insurance (Declaration of Resistant Tree) Notice, 1973 L N. 470173 me inclusion of this page n authorized by LN. 141~L2010 ] COCONUT INSURANCE THE COCONUT INSURANCE ACT REGULATIONS (under section 3) THE COCONUT WIND-STORM INSURANCE REGULATIONS, 1949 (Made by the Governor in Executive Council on the 29th day of July, 1949) [ ls t July, 1949.1 PART I Introductory 1. These Regulations may be cited as the Coconut Wind-Stonn Insurance Regulations, 1949. 2. In these Regulations all expressions shall have the meanings assigned in the Coconut Industry Control Act and the Coconut Industry Control Regulations, 1945 and in addition "affected cultivation" means any coconut cultivation which is damaged by wind-stonn; "assessed trees" means the number of coconut trees upon any coconut cultivation immediately prior to any wind-stonn; "automatic coverage" means the amount obtained by multiplying the coverage constant by the delivered units; "automatic indemnity rate" means the amount per tree arrived at in the case of any 'coconut cultivation by dividing the automatic coverage by the assessed bearing trees; "bearing coconut tree" means a coconut tree which has flowered; "coconut cultivation" means any parcel of land on which immediately prior to a wind-stonn coconut trees are growing; L.N. 56/49 Amdf: L.N. 50152 G.N. 14W52 L.Nn 61/53 21154 57/58 204160 330162 100163 310164 110166 141169 381170 41172 45177 68Dn8 21AmO 3d84 1186 2/88 1'189 26'189 (d.d 1.5.1989) 1/92 IN193 Id96 194f96 1/98 93B198 2d2002 22/2003 152/2005 Shar title. Interpretation [The inclusion of this page is authorized by L.N. 18J2008] THE COCONUT WND-STORMNSURANCE REGULATIONS, 1949 "contractual coverage" means the total amount of contractual insurance placed on any coconut cultivation pursuant to regulation 4; "contractual indemnity rate" means (a) the amount per bearing tree; an8 (6) the amount per non-bearing tree, arrived at in the case of any coconut cultivation by dividing the contmctual coverage for each category by the assessed bearing or non-bearing trees as the case may be; "coverage constant" means the sum of $65.00; "delivered units" means the number of units shown in relation to any coconut cultivation as having been disposed of during the preceding calendar year according to the annual record prepared by the Board under regulation 17 of the Coconut Industry Control Regulations, 1945; "insurance year" shall correspond with the calendar year; "qualified person" means (a) in relation to automatic benefit, a person who is quaWed under regulation 3 to receive automatic benefit; and (6) in relation to contractual benefif a person who is qualified under regulation 5 to receive contractual benefit; "trees lost" means in relation to bearing coconut trees, trees rendered by wind-stom incapable of further bearing or be coming within six months after the wind-stom in capable of further bearing as a direct result of damage occasioned by wind-storm; and in relation to non-bearing trees, trees rendered by wind-storm incapable of future bearing or becom ing within six months after the wind-stom inca pable of future bearing as a direct result of damage occasioned by wind-storm, but does not include in relation to any wind-storm any tree which was treated as lost in relation to any previous wind storm; "wind-stom" means any humcane, tornado, cyclone, whirlwind, gale or atmospheric distuhance whether similar to the fore going or not. lThe inclusion of this page is authorized by L.N. 18d20081 THE COCONUT WIND-STORM INSURANCE REGULATIONS, 1949 Qualrfication for, determination of; andpayment of benefit 3. Every coconut grower who in relation to any affected cultivation Qual~ficahon for automahc complies both with the general conditions for benefit and with the special benefic condition for automatic benefit shall be qualified to receive automatic benefit in respect of damage occasioned to such cultivation in any insurance year by any wind-storm. 4.-(1) Where a coconut grower satisfies the Board that in respect of any a n m d msumce insurance year he has no automatic insurance on any particular coconut cultivation or that his automatic insurance on such coconut cultivation is insufficient to provide a reasonable cover against his possible loss by wind storm, then he may in accordance with the provisions of this regulation effect contractual insurance in respect of such coconut, cultivation against loss occasioned to the coconuts on such coconut cultivation consequent on the occurrence of any wind-storm during such insurance year. (2) No coconut grower shall be entitled to receive in the event of loss any benefit in respect of contractual insurance (a) in relation to bearing coconut trees, in excess of the benefit which he would receive if h s contractual indemnity rate were $550.00 less his automatic indemnity rate; (b) in relation to non-bearing trees, in excess of $95.00 per tree. (3) Every coconut grower who desires to effect contractual insurance shall before the 1st July in the insurance year in which he desires to effect insurance make application to the Board in such form as the Board shall require and with such particulars as the Board shall require and shall forward with such application the necessary premium for the contractual insurance required. (4) The premium payable in respect of contractual insurance for a full insurance year or for any part thereof shall be (a) in respect of bearing coconut trees, $3.00 for every $100.00 of insurance; and (b) in respect of non-bearing coconut trees, $6.00 for every $100.00 of insurance. (5) No contractual insurance may be effected to cover any loss consequent upon a wind-storm which occurred prior to the receipt by the Board of the application and the necessary premium. (The inclusion of this page is authorized b y L.N. 18d20081 THE COCONUT WINDSTORM INSURANCE REGULATIONS, 1949 Qlldsca tion far con bnetusl bene6t. First general um dition for benefit h d general m dition fm benefi nild general can dition far benefi (6) No contractual insurance shall be deemed to be effected or to be in force until the dispatch by the Board of a confirmation of its acceptance of such insurance. (7) Notwithstanding the provisions of paragraph (3) the Board may in any particular case and in its absolute discretion accept any contractual insurance although application therefor may have been made after 1st July. 5. Every coconut grower who in relation to any affected cultivation has effected contractual insurance under these Regulations and who complies with the general conditions for benefit shall be qualified to receive contractual benefit in respect of damage occasioned by wind storm during the relevant insurance year to coconut trees, whether bearing or non-bearing, growing upon the coconut cultivation in respect of which he effected such insurance. 6. The first general condition for the receipt of benefit by a coco nut grower is that the affected cultivation has in the opinion of the Board suffered damage to the extent of not less than five per cent of bearing or non-bearing coconut trees. 7. The second general condition for the receipt of benefit by a coconut grower is that he makes application for benefit (within three months after the date of the wind-storm giving rise to such applica tion) in such manner and in such form as the Board shall require and affords to the Board and to any person authorized by the Board such information and such opportunity of inspecting any books or records kept by him in relation to his coconut cultivation and of inspecting any damage to his coconut cultivation as may be required by the Board: Provided, however, that the Board may at any time in its discretion in any particular case or cases waive the condition as to the time within which application for benefit shall be made. 8. The third general condition for the receipt of benefit by a coconut grower is that he shall at the time of the loss be a registered coconut grower in respect of the affected cultivation, provided, how ever, that this condition shall not apply where the affected cultiva tion is not a registrable coconut property or part of a registrable coconut property and provided fwther that the Board may in its absolute discretion waive this condition in any other case which appears to the Board to warrant exceptional treatment lThe inclusion of this page is authorized by L.N. 18d20081 THE COCONUT WINDSTORM INSURANCE REGULATIONS, 1949 7 9. The special condition for the receipt of automatic benefit in %::F\,'P" respect of any affected cultivation is that such affected cultivation z K t i e is or forms part of a coconut property shown by the record of quantities and units prepared by the Board under the Coconut Industry Control Regulations, 1945, as having disposed of coconuts grown upon such property through coconut dealers during the previous calendar year. 10.41) Subject to the succeeding provisions of this regulation every bzgft~f qualified person shall receive in relation to any affected cultivation (a) by way of automatic benefit a sum equal to the bearing trees lost multiplied by the automatic indemnity rate; (b) by way of contractual benefit (i) a sum equal to the bearing trees lost multiplied by the contractual indemnity rate for bearing trees; and (ii) a sum equal to the non-bearing trees lost multiplied by the contractual indemnity rate for non-bearing trees, less in either case a deduction of 5 per cent of such sum. (2) In any case of automatic benefit payable in respect of any wind-storm. unless the Board is satisfied that at the time of the final inspection made under paragraph (2) of regulation 13 the affected cultivation contains properly planted and spaced young coconut trees and p!ants (being trees and plants which have not yet flowered) aggre gating in number at least one-half of the trees lost in the said wmd storm and in all previous wind-storms (if any) in the same insurance year, only two-thirds of the amount computed under paragraph (I) shall be payable, but the Board may in its absolute discretion pay the remaining one-third or any part or parts thereof at any time or times during the five years next ensuing the loss, upon being satisfied that steps have been taken to plant new trees in the affected cultiva tion with a view to mab;iqq good the deficiency of young trees. (3) Where in relation to any affected cultivation any benefit has been received or is receivable under these Regulations in respect of any wind-storm and a further claim or further claims is or are made in relation to the same cultivation in respect of any subsequent wind-storm or wind-storms occurring in the same insurance year as the first wind-storm the automatic indemnity rate and the contractual indemnity rate applicable to such cultivation in respect of such further claim or claims shall not exceed the automatic indemnity rate and the contractual indemnity rate applicable in respect of the first wind storm. m e inclusion of this page is authorized by L.N. 144/1995] 8 THE COCONUT WIND-STORM INSURANCE REGULATIONS, 1949 (4) Where in relation to any affected cultivation any automatic benefit has been received or is receivable under these Regulations in respect of any original wind-storm and a further claim or further claims for automatic benefit is or are made in relation to the same cultivation in respect of any subsequent wind-storm or wind-storms occurring in the next succeeding insurance year then for the purpose of the calculation of the automatic coverage and the automatic indemnity rate applicable to such cultivation in respect of such further claim or claims (i) the definkion of “delivered units” shall be read and construed as it the words “the twelve months preceding the month in which the original wind-storm occurred” were substituted for the words “the preceding calendar year”; and (ii) the definition of “assessed trees” shall be read and construed as if the words “the original wind-storm” were substituted for the words “any wind-storm”. For the purposes of this paragraph the expression “original wind storm” means any wind-storm (being the first in its insurance year affecting the cultivation in question) which may occur in any insurance year which has been immediately preceded by two full consecutive insurance years during which the cultivation in question has not ban qualified for automatic benefit. ( 5 ) Where in relation to any affected cultivation any automatic benefit has been received or is receivable under these Regulations in respect of any wind-storm (hereinafter called “the prior wind-storm”) and a further claim or claims for automatic benefit is or are made in relation to the same cultivation in respect of any subsequent wind storm or wind-storms occurring in the second insurance year after that in which the prior wind-storm occurred then for the purpose of the calculation of the automatic coverage and the automatic indemnity rate apulicable to such cultivation in respect of such further claim or claims the coverage constant shall be taken to be the sum of $97.50: Provided, however, that the Board may by resolution hcreasc or reduce such coverage constant in respect of my particular subsequent wind-storm or any particular insurance year to such figure as may be thought fit and provided further that the automatic indemnity rate in respect of each cultivation shall not in any case exceed the automatic indemnity rate which was established or would (if there had been a claim) have been established in respect of such cultivation under paragraph (4). [The inclusion of this page is authorized by L.N. 144/19951 THE COCONUT WND-STORM INSURANCE REGULATIONS, 1949 9 (6) When once the provisions of paragraph (5) have be come applicable to any affected cultivation in respect of any wind storm such provisions shall continue to be applicable to such cultiva tion in respect of every subsequent wind-storm until there have been two full consecutive insurance years during which such cultivation has not been qualified for automatic benefit. (7) In no -case shall the automatic indemnity rate applicable to any affected cultivation in respect of any wind-storm exceed the sum of $550.00. 11.-(1) Subject to the provisions of this regulation and of regula- p a ~ m m o f tion 18, every qualified person shall be paid the benefit to which he benefit is entitled so soon as may be after the Board has finally under paragraph (2) of regulation 14 determined the amount of benefit pay able to him, provided, however, that after the Board has under paragraph (1) of regulation 14 estimated the amount of benefit payable, the Board may in its discretion make advances on account thereof pending final determination under paragraph (2) of regulation 14. (2) The Board may deduct from any benefit payable to any qualified person any sum owed by him to the Board. Procedure for Assessing Damage 12. Every qualified person whose coconut cultivation is damaged by any wind-storm shall so soon as may be after the occurrence of such wind-storm benefit make a return to the Board in the form required by the Board making application for benefit in respect of the loss occasioned to him by such wind-storm. 13.-41) So soon a s may be after the occurrence of any wind- x z storm in respect of which the Board receives any application for benefit under regulation 12 or considers that it is likely to receive such application, the Board shall, for the purpose of complying with regulation 14, cause a preliminary inspection to be made of the relevant affected cultivations. (2) So soon as may be after the expiration of six months from the date of any wind-stom in respect of which the Board has caused any preliminary impectton to be made under paragraph (1) the lThe inclusion of this page is authorized by L.N. 18d20081 Determina tion of benefit. Estabiishment o t c ~ c ~ n u t Wmd-Storm Lnsurance Fund THE COCONUT WIND-STORM INSURANCE REGULATIONS. 1949 Board shall for the purpose of complying with regulation 14 cause a final inspection to be made of the relevant affected cultivations. (3) So soon as may be after the completion of any preliminary inspection under paragraph (1) every inspector shall, in respect of each affected cultivation inspected, make a preliminary report to the E$oard as to the affected cultivation generally and the damage done and in particular as to the assessed trees and the trees lost. (4) So soon as may be after the completion of any final in spection under paragraph (2) every inspector shall in respect of each affected cultivation inspected, make a final report to the Board as to the trees lost and (for the purposes of paragraph (2) of regulation lo), the number and condition of the young trees and plants. 14.-(1) So soon as may be after the receipt of any preliminary report under paragraph (3) of regulation 13 the Board shall consider such report and shall consider any application made under regulation 12 and shall to the best of its ability make a conservative estimate of the benefit likely to be payable and notify the claimant accordingly. (2) So soon as may be after the receipt of any final report under paragraph (4) of regulation 13 the Board shall consider such report and shall reconsider the application and shall finally determine the amount of benefit payable and not@ the claimant accordingly and. such determination shall be final and binding subject only to the right of appeal by way of arbitration hereinafter contained. 15. Where any coconut grower is dissatisfied with the opinion or determination of the Board under regulation 6 or paragraph (2) of regulation 14 he may within thirty days of the notification to him of such determination give written notice to the Board that he appeals agamt the said determination and requires the same to be submitted to arbitration and thereupon the dispute shall be determined as between the coconut grower and the Board in accordance with the Arbitration Act and the award in respect thereof shall be final and binding. . Financial Provisions 16.-(1) For the purposes of these Regulations the Board shall establish a Coconut Wind-Storm Insurance Fund (hereinafter called "the Fund") which shall be kept separate from any other moneys belonging to or under the control of the Board. [The inclusion of this page is authorized by L.N. 18J20081 THE COCONUT WIND-STORM INSURANCE REGULATIONS. 1949 11 (2) The Board shall pay into the Fund (a) (i) $4.00 per ton of copra or cohune nut kernels; and (ii) $6.00 per ton of coconut oil or cohune nut oil, sold by the Board or imported into the Island by the Board either on its own behalf or on behalf of any other person; (b) 12 cents per unit of coconuts exported by the Board or sold by the Board to licensed coconut exporters for export; (c) 12 cents per unit of coconuts sold by the Board for planting or for the manufacture of desiccated coconut or other coconut product; (d) any premiums paid to the Board for contractual insurance; (e) any sums received by the Board by way of reinsurance; 0 any sums borrowed by the Board pursuant to subsection (1) of section 4 of the Act; (g) any sums received by sale of assets or investments forming part of the Fund or by way of interest revenue or profit thereon. 17. Any moneys forming part of the Fund shall from time to time- h"lmeaU. (a) be invested in such manner as the Board may decide in the public securities of any Commonwealth country or of Jamaica or in any securities which are lawful for the investment of trustee funds; (b) be placed on deposit with the Accountant-General or in such bank or banks as the Board may from time to time direct; (c) be invested in the acquisition of units under a registered unit trust scheme; or (d) be invested in securities quoted on the Jamaica Stock Market. ' 18. AU obligations, costs and expenses incurred by the Board under $p;::m these Regulations shall be defrayed out of the Fund but no other moneys, property or assets of the Board shall be liable for any s c h obligations, costs or expenses and the Board shall not be liable for any such obligations, costs or expenses except to the extent of and out of the Fund. 19. The Board may effect such reinsurance in respect of the whole R-a. or any part of the potential liability incurred by the Fund for the payment of benefit under these Regulations at such rates and upon such conditions as the Board may think fit. p e inclusion of this page is authorized by L.N. 144/1995)