2. Give Thanks
Church of the Flying Spaghetti Monster
(Singapore) would like to thank Anything
Goes Pte Ltd for their Policy
Consultation with our client for a week
with regards to several contentious issues
3. Touching and changing
lives - a brief background
Church of the Flying Spaghetti Monster
Worships Our Beloved Macaroni
Established in Singapore since 1981
Congregation of 30,000 people
4. Leading New
Frontiers
Worshippers are obliged to
contribute 8.88% of their monthly
salaries to the Church, which adds
up to an additional income of
SGD$1.5 million per month
5. Unfortunate
Pastor Olio was similar to
circumstances
Senior Pastor Bolo Knees
He suddenly suffered a
mysterious loss of faith
and announced that he
was leaving the Church
Collapse of the Church in
Malaysia
Economic losses suffered
due to a domino effect
6. Our Concern
We do not want to suffer the same fate
as Malaysia - being crippled in serving
the community due to the economic
losses
Thus, we want you to insure our Church
for the loss of earnings in the event that
Senior Pastor Bolo Knees also similarly
loses his faith
9. 1.1 Important Notice
ORIGINAL
AMENDED
1.1.2 The Insured is
required to read this
policy,
and
if
it
is
incorrect,
return
it
immediately for alteration...
1.1.2 The Insured is
required to read this
policy, and if it disputes
any
term,
return
it
immediately
for
alteration...
10. 1.1 Important Notice
ORIGINAL
AMENDED
1.1.3 If the information
subsequently provided by
the
Insured
differs
materially
from
the
information set out in...the
Insurer
may
offer
insurance coverage on
different terms or terminate
the Policy altogether.
1.1.3 If subsequent to the
commencement of the
Policy Period, the Insured
provides
information
materially different from the
information set out ...the
Insurer may offer insurance
coverage on different terms
or terminate the Policy
altogether pursuant to
Clause 5.5.
11. 1.2 Our Agreement
ORIGINAL
AMENDED
1.2.1This Policy sets out the
terms of the agreement
between the Insurer and the
Insured. It consists of the
following documents only: ...
1.2.1.4 The statement of
the Pastor attesting to his
opinion of the present
strength of his faith; and
1.2.1.4 The statement of
the Pastor attesting to the
present strength of his faith;
and
1.2.1.5 The statement of
the elders of the church
as to their opinion of
present
and
future
strength of the Pastor’s
faith.
1.2.1.5 The statement of the
elders of the church as to
the present and future
12. 1.5 Entire Agreement
Clause
ORIGINAL
1.5.1 This Policy embodies the entire
understanding of the parties and there are no
provisions, terms, conditions or obligations
other than those contained herein. All
obligations of the parties to each other under
previous agreement, if any, are hereby
released, but without prejudice to any rights
which have already accrued to either party.
13. 1.5 Entire Agreement
Clause
ORIGINAL
1.1.1 All information,
whether written, verbal
or otherwise, supplied
by the Insured in
connection with the
application
for
this
Policy...will
be
incorporated into, and
form, the basis of the
Policy.
1.2.1This Policy sets
out the terms of the
agreement between the
Insurer and the Insured.
It consists of the
following
documents
only:
...
...
14. 1.7 Review Period
ORIGINAL
1.7.1 The Insurer gives the Insured fourteen (14) days
from the time they receive this policy to decide whether
to continue with it. Should the Insured decide to cancel
this policy, the Insured is entitled to a full refund of the
premium paid. This right shall be deemed as
irrevocably waived by the Insured in the event that the
Insured makes or notifies the Insurer of a claim or
potential claim under this Policy within the applicable
seven-day period. If this right is not exercised, the
Policy shall continue for the full Policy period. The
Insurer or Insured may cancel this Policy in accordance
with the termination provisions provided in Clause 1.8.
15. 1.7 Review Period
ORIGINAL
Termination of Policy1.8.1
Subject to other clauses
conferring on a Party the right to terminate this
Policy, either Party may terminate this Policy by giving
fourteen (14) days prior notice in writing to the other
Party. If the Insurer exercises its right to terminate the
policy, the Insurer shall return the unearned premium to
the Insured at pro rata rates. If the Insured exercises its
right to terminate the Policy outside of the review
period, there shall be no refund of the premiums paid.
The termination is without prejudice to the Insurer’s rights
to obtain any remedy against the Insured which may have
accrued.
16. 1.7 Review Period
AMENDED
1.7.1 The Insurer gives the Insured fourteen (14) days from the
time they receive this Policy to decide whether to continue with it.
Should the Insured decide to cancel this Policy during these
fourteen days, the Policy is immediately deemed void. In such a
case, the Insured is entitled to a full refund of the premium paid.
1.7.2 The right to cancel the Policy during the review period shall
be deemed as irrevocably waived by the Insured in the event that
the Insured makes or notifies the Insurer of a claim or potential
claim under this Policy pursuant to Clause 8.1. If the right is not
exercised, the policy shall continue for the full Policy
period, subject to the Insurer or Insured cancelling this Policy in
accordance with the termination provisions in Clause 1.8.
20. 2. “Insured Event”
ORIGINAL
“Loss of Faith Event” refers to an event
that leads to the Pastor’s Loss of Faith.
“Insured
Event”
refers
to
the
resignation, or removal of, the Pastor
from his position as the Senior Pastor of
the Insured that occurs as a direct
consequence of his Loss of Faith.
22. 2. “Loss of Faith”
AMENDED
refers to the Pastor’s loss of conviction in
the existence or divine nature of the
Beloved Macaroni, such that he is unable to
carry out his work as Senior Pastor.
24. 3.1 Losses Covered
ORIGINAL
AMENDED
3.1.1 Subject to Clause
4,
the
Insurer
will
indemnify the Insured for
any and all of the
following losses, incurred
within one (1) year of the
Insured Event, that are
solely
and
directly
attributable
to
the
occurrence of the Insured
Event:
3.1.1 Subject to Clause
4,
the
Insurer
will
indemnify the Insured for
any and all of the
following losses, incurred
within one (1) year of the
Insured Event, that are
primarily attributable to
the occurrence of the
Insured Event:
26. 4. General
Exemptions
ORIGINAL
AMENDED
4.1.1
Any
claim
arising out of or in
connection with a
Loss of Faith Event
that was within the
power of the Insured
to prevent
4.1.1
Any
claim
arising out of or in
connection with the
Insured Event that
was
clearly
foreseeable
and
within the power of
the
Insured
to
prevent
27. 4. General
ExemptionsAny claim
4.1.2AMENDED
ORIGINAL
4.1.2 Any claim
arising out of or in
connection with an
Insured
Event
caused
by
intentional
act(s)
committed by the
Insured or a third
party that directly or
indirectly impact(s)
the Pastor’s beliefs.
arising out of or in
connection with an
Insured
Event
caused
by
intentional
acts
committed by the
Insured or a third
party
that
are
intended to directly
or indirectly impact
the Pastor’s beliefs
29. 4. General
Exemptions
ORIGINAL
AMENDED
4.1.4 Any claim arising
out of or in connection
with any Loss of Faith
that is caused or
influenced
by
any
recognised
mental
infirmity, including but
not limited to all forms
of the following …
4.1.4 Any claim arising
out of or in connection
with any Loss of Faith
that is caused or
influenced
by
any
recognised
mental
infirmity not disclosed
prior to the conclusion
of the Policy, including
but not limited to all
forms of the following
…
31. 5.5 Disclosure
ORIGINAL
AMENDED
5.5.1
Any
change
material to the risk that
the Insurer has agreed to
undertake under this
Policy
avoids
the
contract
unless
the
Insurer is immediately
notified of the change …
5.5.1 If it comes to the
Insured’s knowledge that
there has been any
change material to the
risk that the Insurer has
agreed to undertake
under this Policy, the
Insured must notify the
Insurer of the change as
soon
as
reasonably
possible. Otherwise, the
policy is avoided.
32. 5.6 Non-disclosure and
Misrepresentation
AMENDED
Inserted:
5.6.2.4 If the Insured does not accept the additional
premium(s) in clause 5.6.2.1, or any other such terms
as imposed pursuant to clause 5.6.2.2, the Insured
shall not be liable for the additional premium(s) and
shall be entitled to reject the terms. In the event that
the Insured does not accept the additional premium(s)
or terms imposed by the Insurer, the Insurer shall be
entitled to avoid the Policy.
33. 5.7 Other Conditions
ORIGINAL
AMENDED
5.7.5 The Pastor has
never used, is not
using, and will not use
any substance that has
an effect on his mental
condition
without
a
prescription
by
an
authorised
medical
practitioner.
5.7.5 The Pastor has
never used, is not
using, and will not use
any Substance that has
an effect on his mental
condition
without
a
prescription
by
an
authorised
medical
practitioner.
34. “Substance”
Section 2 Definitions
“Substance” refers to a substance which
affects a person’s mental condition in a way
that is substantially similar to or greater
than that of drugs within the First and
Fourth Schedule of the Misuse of Drugs Act
(Cap 185).
36. Brief Review
Condition Precedents vs Warranties
CONDITION
PRECEDENTS
WARRANTIES
Collateral terms
Promise made by the insured
relating to facts/things they
undertakeAffects the risk to
which the insurer is subject
Effect of
a breach
Only actionable if it
causes the loss
Insurer is discharged from all
liability as from the date of
the breach
Types
1.Conditions precedent to
the bringing of a claim2.
Suspensive conditions3.
Procedural conditions
1. Warranties as to present/past
facts at the date made2.
Warranties as to the future3.
Warranties of opinion
Definition
39. 6. Condition
Precedents
ORIGINAL
7.2 The Insured warrants
that the Pastor has not
suffered a Loss of Faith
prior to the commencement
of this Policy.
AMENDED
Moved to Clause 6.2
6.2 It is a condition
precedent to this Policy
that the Pastor has not
suffered a Loss of Faith
prior to the commencement
of this Policy.
40. 6. Condition
Precedents
ORIGINAL
7.3 The Insured warrants
that the Pastor has never
had any doubts affecting
the strength of his faith
prior
to
the
commencement of this
Policy.
AMENDED
Moved to Clause
6.3 It is6.3 condition
a
precedent to this Policy
that the Pastor has never
had any significant doubts
affecting the strength of
his faith prior to the
commencement of this
Policy.
41. 6. Condition
Precedents
ORIGINAL
7.4 The Insured warrants
that the Pastor will undergo
assessments by Religious
Experts
and
medical
experts appointed by the
Insurer
prior
to
the
commencement of this
Policy.
AMENDED
Moved to Clause
6.4 It is6.4 condition
a
precedent to this Policy
that the Pastor will
undergo assessments by
Religious Experts and
medical experts appointed
pursuant to Clause 10
prior
to
the
commencement of this
Policy.
42. 6. Condition
Precedents
ORIGINAL
7.6 The Insured warrants
that it shall provide the
Insurer
and/or
its
authorised representatives
with details and information
necessary
for
the
assessment of risk.
AMENDED
Moved to Clause
6.5 It is6.5 condition
a
precedent to this Policy
that the Insurer and/or its
authorised representatives
with details and information
necessary
for
the
assessment of risk.
44. 7. Warranties
ORIGINAL
7.1 The warranties set
out in this section
apply to all sections of
this Policy. Breach of
any warranty in this
section shall entitle the
Insurer to avoid the
Policy
AMENDED
7.1 The warranties set
out in this section
apply to all sections of
this Policy. Breach of
any warranty in this
section shall entitle the
Insurer to discharge its
liability from the date
of the breach
This is in accordance with s 33(3)
MIA
45. 7. Warranties
AMENDED
Original clauses 6.1 to 6.6
moved
to
Section
7
The Good Luck
Warranties[1991] 2 Lloyd’s Law Reports
191: Under s 33(3) MIA 1906, if a promissory
warranty was not complied with, the insurer was
discharged from liability as from the date of the
breach of warranty, since fulfilment of the
warranty was a condition precedent to liability of
the insurer
46. 7. Warranties
ORIGINAL
6.1 It is a condition
precedent to any
liability of the Insurer
that the Pastor has
not been diagnosed
with any medical
condition that affects
his mental and/or
physical well-being
AMENDED
7.2
The
Insured
warrants that the
Insurer
will
be
notified upon the
Pastor
being
diagnosed with any
mental
infirmity
subsequent to the
commencement
of
the Policy period.
47. 7. Warranties
ORIGINAL
AMENDED
6.2 It is a condition
precedent to any
liability
of
the
Insurer that the
Pastor is a senior
pastor
of
the
Insured at the
occurrence of the
Insured Event
7.3 The Insured
warrants that the
Pastor is a senior
pastor
of
the
Insured at the
occurrence of the
Insured Event
48. 7. Warranties
ORIGINAL
6.3 It is a condition
precedent
to
any
liability of the Insurer
that all premiums that
are due or owed under
this Policy have been
paid in accordance with
Clause 5.1
AMENDED
7.4
The
Insured
warrants
that
all
premiums due or owed
under this Policy will be
paid in accordance with
Clause 5.1
49. 7. Warranties
ORIGINAL
AMENDED
6.4 It is a condition
precedent
to
any
liability of the Insurer
that the Insured shall at
all
times, observe, comply
and fulfil all the terms
of this Policy
7.5
The
Insured
warrants
that
the
Insurer that the Insured
shall at all times,
observe, comply and
fulfil all the terms of this
Policy
50. 7. Warranties
ORIGINAL
6.5 It is a condition
precedent
to
any
liability of the Insurer
that the Pastor has
been examined by
Religious Experts and
medical experts in
accordance
with
Clause 8.3
AMENDED
7.6
The
Insured
warrants
that
the
Pastor
has
been
examined by Religious
Experts and Medical
Experts in accordance
with Clause 8.3
51. 7. Warranties
6.6 It ORIGINAL
is a condition
precedent
to
any
liability of the Insurer
that the Insured shall
cooperate with the
Insurer
in
the
investigation
and
assessment of any loss
or circumstances giving
rise to a loss and/or
claim
AMENDED
7.7
The
Insured
warrants
that
the
Insured shall cooperate
with the Insurer in the
investigation
and
assessment of any loss
or circumstances giving
rise to a loss and/or
claim.
53. 8.2 Document
submission
ORIGINAL
AMENDED
8.2.1.1
Signed
statements by each and
every elder and pastor of
the Church declaring their
opinion as to the state of
the Pastor’s faith, and
declaring the grounds for
their opinion.
8.2.1.1
Signed
statements
by
three
elders or pastors of the
Church declaring their
opinion as to the state of
the Pastor’s faith, and
declaring the grounds for
their opinion.
55. 8.3 Rights of Insurer
ORIGINAL
8.3.3
The
Insurer
shall, at any point in the
claims process, have the
right to appoint its own
religious
and
medical
experts to examine and/or
interview the Pastor as
well as any member of the
Church. The Insurer will
notify the Insured within
seven (7) business days of
appointing such religious
AMENDED
8.3.3 The Insured shall
allow the Religious and
Medical
Experts
to
examine
and/or
interview the Pastor as
well as any member of
the Church.
58. “Medical Experts” &
“Religious Experts”
• Section 2 Definitions
• “Medical Experts” refers to experts
•
licensed pursuant to the Medical
Registration Act (Cap 174) with
expertise in psychiatric treatment.
“Religious Experts” refers to experts
on the religious doctrine of the
Church.
59. 10. Appointment of
Experts
• 10.2
The experts used for the
assessment prior to the
commencement of the Policy
Period pursuant to Clause 6.1 are
to be the same experts that are
used for the purposes of assessing
claims pursuant to Clause 8.3.
60. 10. Appointment of
Experts
• 10.3
The Religious and Medical
Experts shall be mutually appointed
by the Insurer and the Insured. If the
Insurer and the Insured are unable
to agree on the appointment of the
experts, the Insurer reserves the
right to cancel the Policy
63. 10. Appointment of
Experts
•10.6 In the event that an expert passes
away or is otherwise unable to meet his
obligations, the Insurer and the Insured
shall mutually appoint a replacement. If
the Parties are in dispute as to the
appointment of the replacement, the
dispute shall be referred to arbitration
pursuant to Clause 5.4
64. Conclusion
Generally satisfactory Policy - our
client would certainly be happy to
contract with Anything Goes Pte Ltd
Commendable service
However, this is subject to the
changes
proposed
in
this
presentation
