Open fire Insurance Within Indian Coverage Law

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26 December 2021

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An agreement of Coverage comes into being because a person seeking insurance protection enters to a contract together with the insurer to indemnify him against decrease in property by means of or tiny to fire as well as lightening, surge, etc . This can be primarily an agreement and hence ones own governed by your general legislations of deal. However , it has certain distinctive features seeing that insurance deals, such as utmost faith, insurable interest, indemnity, subrogation and contribution, etc . these principles are common in most insurance contracts and they are governed simply by special rules of laws.

FIRE COVERAGE:

According to S. 2(6A), "fire insurance business" means the company of altering, otherwise when compared to incidentally to some other class of insurance business, pacts of coverage against loss by or maybe incidental to fireplace or various other occurrence, usually included among the list of risks covered with insurance against during fire insurance business.

According to Halsbury, it is a contract from insurance where the insurance provider agrees pertaining to consideration to indemnify the assured up to and including certain amount and subject to certain agreements against damage or harm by open fire, which may happen to the property in the assured during a specific time.

Thus, flames insurance may be a contract where the person, looking for insurance safety, enters into a contract with all the insurer to indemnify him against loss in property by or incidental to fire or lightning, exploding market etc . The following policy is designed to insure your property and various items by loss happening due to total or general damage by just fire.

In its strict feeling, a fire coverage contract the:

1 . In whose principle object is coverage against decline or injury occasioned by fire.

minimal payments The magnitude of insurer's liability appearing limited by the sum given the assurance and not essentially by the amount of decline or deterioration sustained by insured: and

3. The insurer having no desire for the safety as well as destruction of this insured real estate apart from the the liability undertaken beneath contract.

REGULATION GOVERNING FIREPLACE INSURANCE

There isn't any statutory enactment governing fireplace insurance, for example the case of marine insurance which is governed by the American indian Marine Insurance Act, 1963. the Indiana Insurance Action, 1938 primarily dealt with dangerous insurance home business as such but not with any general or maybe special key points of the rules relating flame of other insurance contracts. Hence also the General Insurance Business enterprise (Nationalization) Act, 1872. from the absence of virtually any legislative enactment on the subject, the courts in India include in dealing with the topic of fire coverage have depended so far upon judicial decisions of Court and opinions of British Jurists.

For determining best health insurance of property broken or damaged by fire for the purpose of indemnity under a scheme of fire insurance, it was the cost of the property towards the insured, that has been to be scored. Prima facie that significance was tested by referrals of the their market value of the residence before and after losing. However many of these method of diagnosis was not applicable in cases where this marketplace value to be able to represent the genuine value in the property for the insured, seeing that where the residence was used through insured as being a home as well as, for carrying organization. In such cases, the measure of indemnity was the cost of reinstatement. In the matter of Lucas sixth v. New Zealand Insurance Company. Ltd.[1] from where the insured real estate was purchased and placed as a great income-producing financial commitment, and therefore the court docket held the fact that proper way of measuring indemnity pertaining to damage to the exact property by hearth was the cost of reinstatement.

INSURABLE INTEREST

An individual who is so keen on a property about have make use of its lifetime and damage by the destruction is said to have insurable interest in the fact that property. A really person can easily insure the house against hearth.

The interest in the property has to exist the two at the start off as well as at enough time of reduction. If it is not going to exist in the commencement from the contract that cannot be the subject-matter with the insurance of course, if it does not exist at the time of losing, he endures no damage and needs zero indemnity. Thus, where he has for sale the covered by insurance property and it is damaged by means of fire then, he undergoes no loss.

RISKS COVERED UNDER FLAMES INSURANCE POLICY

The date in conclusion of an contract of insurance is certainly issuance on the policy is different from the acclaim or assumption of risk. Section 64-VB only sits down extensively that the insurance firm cannot assume risk prior to the date from receipt of premium. Control 58 of this Insurance Guidelines, 1939 addresses about progress payment of premiums consideringg sub section (! ) of Section 64 VB which enables the insurance provider to believe the risk from your date onwards. If the transmettre did not require a particular night out, it was simple for the donner to negotiate with insurance provider about that term. Precisely, therefore the Apex Trial has said the fact that final acceptance is that of the assured or maybe the insurer depends simply in route in which transactions for coverage have moved on. Though the pursuing are threats which often have covered Fire Insurance policies but are not really totally protected under the Insurance policy. Some of good areas will be as follows:

FLAME: Destruction as well as damage to the house or property insured by simply its own fermentation, natural heating or impulsive combustion or perhaps its undergoing any heat or drying out process may not be treated seeing that damage caused by fire. Designed for e. g., paints or perhaps chemicals in a factory in the process of heat cure and consequently impaired by fire is not coated. Further, using of real estate insured simply by order in any General public Authority is certainly excluded from your scope of canopy.

LIGHTNING: Lightning may result on fire destruction or other types of damage, like a roof destroyed by a dropping chimney struck by super or cracks in a property due to an important lightning hit. Both fire and other different kinds of damages brought on by lightning will be covered by the policy.

AIRCRAFT DAMAGE: The loss or harm to property (by fire or otherwise) immediately caused by jet and other elevated devices and/ or reports dropped now there from is normally covered. Nonetheless destruction or perhaps damage resulting from pressure ocean caused by plane traveling for supersonic quickness is ruled out from the range of the scheme.

RIOTS, MOVES, MALICIOUS AND TERRORISM HARM: The action of somebody taking part down with some in any disturbance of open public peace (other than war, invasion, mutiny, civil carambolage etc . ) is interpreted to be a huge range, strike or simply a terrorist activity. Unlawful actions would not get covered underneath the policy.

STORM, CYCLONE, TYPHOON, TEMPEST, HURRICANE, TORNADO, DELUGE and INUNDATION: Storm, Cyclone, Typhoon, Tempest, Tornado and Hurricane are various types of chaotic natural disruptions that are combined with thunder as well as strong winds or hefty rainfall. Avalanche or Inundation occurs when the drinking water rises in an abnormal level. Flood or perhaps inundation must not only be understood in the good sense of the terms, i. electronic., flood on river as well as lakes, but also deposits of standard water due to clogged drains is deemed to generally be flood.

EFFECTS DAMAGE: Effect by virtually any Rail/ Way vehicle or perhaps animal by simply direct exposure to the insured property is usually covered. Nevertheless , such vehicles or dogs should not are in or had by the covered with insurance or any occupier of the manufacturing unit or the employees whilst acting in the course of their jobs.

SUBSIDENCE AND LANDSLIDE INCULUDING ROCKSIDE: Break down or injury caused by Subsidence of the main site where the property stands upright or Landslide/ Rockslide is covered. Though Subsidence means sinking in land or maybe building to your lower level, Landslide means goosing down in land commonly on a hillside.

However , common cracking, settlement or bed linens down of recent structures; negotiation or mobility of made-up ground; coast or sea erosion; malfunctioning design or workmanship or perhaps use of substandard materials; and demolition, development, structural differences or restoration of any kind of property or perhaps ground-works as well as excavations, are generally not covered.

BURSTING AND/OR STOCKED FULL OF MINERAL WATER TANKS, EQUIPMENT AND PIPES: Loss or damage to house by standard water or otherwise due to bursting or perhaps accidental stuffed of liquid tanks, tool and piping is protected.

MISSILE TESTS OPERATIONS: Deterioration or harm, due to affect or otherwise via trajectory/ projectiles in connection with missile testing operations by the Insured or others, is protected.

LEAKAGE COMING FROM AUTOMATIC SPRINKLER INSTALLATIONS: Destruction, caused by water accidentally dismissed or leaked out coming from automatic sprinkler installations from the insured's premises, is covered. However , some destruction or damage caused by repairs or alterations towards the buildings or maybe premises; improvements removal or perhaps extension of the sprinkler unit installation; and flaws in building known to the insured, are not covered.

ROSE BUSH FIRE: This covers harm caused by making use of, whether unintended or otherwise, from bush and jungles as well as clearing of lands by means of fire, although excludes damage or destruction, caused by Forest Fire.

THREATS NOT HAVE FIRE INSURANCE COVER

Claims not likely maintainable/ protected under that policy are as follows:

a Theft during or after the occurrence in any covered by insurance risks

um War or maybe nuclear challenges

o Electric powered breakdowns

e Ordered burning up by a open public authority

u Subterranean hearth

o Damage or harm to bullion, valuable stones, curios (value much more than Rs. 10000), plans, paintings, money, investments, cheque catalogs, computer details except if they may be categorically covered.

o Reduction or injury to property relocated to a different site (except machines and tools for maintenance, repairs or renovation for more than 60 days).

CHARACTERICTICS OF FIREPLACE INSURANCE AGREEMENT

A fire insurance contract gets the following properties namely:

(a) Fire insurance is a personal contract

A fire insurance commitment does not make sure the safety of this insured home. Its purpose is to notice that the covered with insurance does not put up with loss by means of reason from his involvement in the covered property. Consequently, if his connection with the insured residence ceases since they can be transferred to another person, the commitment of insurance also surface finishes. It is not consequently connected with the subject matter of the insurance as to go away automatically towards the new entrepreneur to whom individual is transported. The deal of fire coverage is so a mere a personal contract between insured as well as insurer to get the monthly payment of money. It is usually validly designated to another only with the consent of the insurance provider.

(b) It is entire and indivisible agreement.

Where the coverage is of a good binding and its particular contents from stock and machinery, the contract is usually expressly decided to have be divisible. Thus, in which the insured is usually guilty of go against of obligation towards the insurer in respect of one subject counts covered by the policy, the insurer can easily avoid the deal as a whole and not just in respect of that particular subject mater, unless the appropriate is restricted by your terms of the scheme.

(c) Source of fire is certainly immaterial

During insuring against fire, the insured desires to protect him from any sort of loss or detriment of which he may are affected upon the occurrence of the fire, however it may be induced. So long as the loss is due to flame within the symbolism of the insurance plan, it is immaterial what the reason behind fire can be, generally. Therefore, whether it absolutely was because the flames was lit improperly as well as was lighted properly nonetheless negligently attended to thereafter or maybe whether the open fire was prompted on account of the negligence of the insured as well as his servants or unknown people is unimportant and the insurance company is liable to indemnify the insured. In the absence of scams, the proximate cause of the loss only might be looked to.

The cause of the fire however develop into material for being investigated

(1). Where the flame is occasioned not by your negligence of, but by the willful

(2) Where the flames is due should be to cause plummeting with the exclusion in the agreement.

LIMITATION OF THEIR TIME

Indemnity coverage was an agreement by the insurer to consult on the covered a contractual right, which inturn prima facie, came into existence quickly when the loss was sustained by the developing of an event insured against, to be put by the insurance provider into the same position in which the accused could have had case not transpired but in hardly any better situation. There was communicate liability, i. e. to indemnify, and a secondary legal responsibility i. e. to put the insured in the pre-loss location, either simply by paying him a specifying amount or perhaps it might be in some other approach. But the fact that the insurance firm had an selection as to the method by which he would the particular insured into pre-loss position did not imply that he was not likely liable to indemnify him a single way yet another, immediately losing occurred. The primary liability arises on the going on of the function insured from. So , time ran in the date on the loss rather than from the night out on which the policy was avoided and any meet filed there after time limit could well be barred by limitation.[2]

WHO MAY PERHAPS INSURE AGAINST FIRE?

Simply those who have insurable interest in real estate can take hearth insurance on it. The following are one of several class of persons who've been held to enjoy insurable affinity for, property and will insure many of these property:

1 . Owners from property, whether sole, as well as joint owner, or spouse in the business owning the house or property. It is not vital that they will need to possession also. Thus a lesser and an important lessee can certainly both confirm it alongside one another or drastically.

2 . The vender and purchaser have got both privileges to guarantee. The vendor's interest carries on until the conveyance is completed as well as thereafter, in the event that he has an unpaid vendor's lien over the top of it.

3. The mortgagor and mortgagee possess both distinctive interests from the mortgaged property and can insure, per Adept Esher L. R. "The mortgagee does not claim his interest through the mortgagor, but by virtue of the mortgage which contains given him an interest distinct from that with the mortgagor"[3]

4. Wholesale real estate flipper are legal owners and beneficiaries the beneficial owners of have confidence property every can make sure it.

some. Bailees such as carriers, pawnbrokers or stockroom men are in charge of for at this time there safety with the property entrusted to these people and so can easily insure it.

PERSON NOT EVEN ENTITLED TO MAKE SURE

One who is without insurable interest in a property simply cannot insure that. For example:

1 . An unsecured financial institution cannot confirm his debtor's property, considering that his best is only with the debtor in my opinion. He can, nevertheless , insure the debtor's life.

2 . A good shareholder in a company simply cannot insure the home or property of the firm as he does not have any insurable concern in any tool of the organization even if dr. murphy is the sole aktionär. As was your case of Macaura 5. Northen Guarantee Co.[4] Macaura. Because not as a simple creditor or as a aktionär had the person any insurable interest in this.

CONCEPT OF MAXIMUM FAITH

Seeing that all accords of insurance are pacts of utmost good faith, the faire connaître for hearth insurance is under a excellent duty to produce a full disclosure of all material facts instead of to make any misrepresentations or perhaps misdescreptions thereof during the talks for obtaining the policy. The following duty of utmost good faith pertains equally on the insurer and the insured. There must be complete good faith on the part of the assured. The following duty to see utmost uberrima fides is ascertained b in need of the faire connaître to express that the claims in the pitch form happen to be true, they will shall be the foundation of the agreement and that any sort of incorrect or perhaps false declaration therein shall avoid the coverage. The insurance company can then use them to assess chance and to mend appropriate high grade and admit the risk or perhaps decline the idea.

The inquiries in the engagement form for the fire insurance plan are so presented as to receive all information which can be material for the insurer to recognise in order to measure the risk and fix the premium, this really is, all material facts. Therefore the faire connaître is required very give info relating to:

a The proposer's name and address and occupation

um The explanation of the topic to be guaranteed sufficient with regards to identifying it including,

o A description in the locality wherever it is situated

o How a property will be used, if for any processing purpose as well as hazardous investment. etc

e Whether it includes already been covered

o Plus ant exclusive insurance history including the promises if any kind of made get the proposer, etc .

Apart from inquiries in the pitch form, the proposer should disclose whether questioned or not-

1 . Any information which in turn would suggest the risk of flame to be previously normal;

installment payments on your Any reality which would probably indicate the insurer's burden may be much more than normal can be expected such as lifetime of valuable manuscripts or maybe documents, and so on, and

three or more. Any information bearing upon the greater; hazard required.

The faire is not required to disclose-

1 . Tips which the insurance carrier may be presumed to know inside the ordinary course of his organization as an insurer;

2 . Truth which are inclined to show that the risk is definitely lesser as opposed to otherwise;

three or more. Facts regarding which information is waived by the insurance organisation; and

some. Facts which in turn need not disclosed in view of coverage condition.

So, assured is under a solemn obligation to create full disclosure of material truth which may be relevant for the insurer to take into account while making a decision whether the proposition should be recognised or in no way. While making a disclosure from the relevant details, the

FILE OF PROXIMATE CAUSE

Just where more challenges than one act simultaneously or consecutively, sequentially, it will be hard to assess the comparable effect of each one peril as well as pick out one of those as the true cause of losing. In such cases, the doctrine from proximate cause helps to identify the actual source of the loss.

Proximate cause was defined in Pawsey sixth v. Scottish Union and Domestic Ins. Co.,[5]as "the energetic, effective trigger that shows its head motion a fabulous train from events which inturn brings about an effect without the remedy of any kind of force started and performing actively from a new and independent supply. " It truly is dominant and effective trigger even though it is definitely not the nearest with time. It is therefore important when a damage occurs to investigate and determine what is the proximate factor for the loss in order to determine if thez insurer is likely for the loss.

PROXIMATE ROOT CAUSE OF DAMAGE

A fireplace policy addresses risks just where damage is caused by technique of fire. The fireplace may be caused by lightening, by simply explosion or maybe implosion. Perhaps it is result of riot, strike as well as on account of virtually any, malicious act. However these kind of factors have to ultimately result in a fire and the fire has to be the proximate cause of harm. Therefore , your loss caused by theft from property simply by militants probably would not be have the fire insurance policy. The view the fact that the loss is covered underneath the malicious work clause and so. the insurer was prone to meet the promise is untenable, because except when and right until fire is the proximate trigger f deterioration, no say under a fire policy is maintainable.[6]

PROCEDURE FOR GOING FOR A FIRE INSURANCE PLAN

The steps included for taking a fire insurance policy happen to be mentioned down below:

1 . Selection of the Insurance Firm:

There are many providers that offer flame insurance from unforeseen events. The individual or maybe the company has to take care from the selection of an insurance company. The judgment ought to rest on factors like goodwill, and long term browsing the market. The companies can either be neared directly or through real estate agents, some of them who are designated by the business itself.

2 . Submission from the Proposal Web form:

The individual or perhaps the business owner must submit a completed prescribed by doctors proposal form with the crucial details for the insurance company to get proper thought and pursuing approval. The content in the Idea Form ought to be given in uberrima fides and should be accompanied by files that check the actual well worth of the real estate or goods that are to be insured. Almost all of the companies have their own personalized Proposal Sorts wherein the information really needs to be provided.

3 or more. Survey of this Property/ Thought:

Once the usually filled Engagement Form is normally submitted towards the insurance company, it makes an "on the spot" questionnaire of the house or the things that are the subject matter of the. This is usually made by the toward, or the surveyors, who will be appointed by company they usually need to report back to these people after a thorough research and survey. This is certainly imperative to evaluate the risk included and calculate the rate of premium.

some. Acceptance from the Proposal:

As soon as the detailed and comprehensive survey is developed to the insurance provider by the surveyors and related officers, the previous makes a extensive perusal with the Proposal Variety and the report. If the company is satisfied the fact that their isn't a lacuna or maybe foul use or theft involved, it formally "accepts" the Engagement Form and directs the insured to pay the first premium towards the company. It is to be mentioned that the insurance cover commences following your payment as well as the acceptance of this premium by insured and the company, respectively. The Insurance Enterprise issues an appliance cover Note after the acceptance in the first premium.

PROCEDURE UPON RECEIPT FROM NOTICE OF LOSS

At receipt with the notice from loss, the insurer needs the covered by insurance to provide details designed for the loss within a claim via relating to this information-

1 ) Circumstances and cause of the fire;

2 . Guests and circumstances of the premises in which the hearth occurred;

3 or more. Insured's interest in the insured property; that could be capacity where the insured promises and if any other folks are interested in the exact property;

4. Various other insurances over the property;

a few. Value of each and every item of this property for the duration of loss together with proofs thereof, and worth of the salvage, if any kind of; and

six. Amount said

Furnishing some information concerning the claim is also a condition antecedent to the liability of the insurance provider. The above information will help the insurer to verify whether-

(1) The scheme is in drive;

(2) The peril resulting in the loss is an insured peril;

(3) The house or property damaged or perhaps lost is definitely the insured home.

Rules for calculation valuable of residence

The value of the insured property or home is-

1) Its importance at the time of decline, and

2) At the place of loss, and

3) Their real as well as intrinsic benefit without any value for its blando vale. Loss in prospective benefit or other consequential damage is not to be taken into account.

GETTING OF BOASTS

How a case arises?

After a contract of fireplace insurance has come into lifetime, a state may come up by the procedure of one and up insured challenges on an unsecured property. Generally there may furthermore one or more uninsured perils also operating simultaneously or on succession of the property. In order that the claim must be valid this particular conditions must be fulfilled:

1 ) The happening should take place due to the operation of an covered with insurance peril or perhaps where equally insured and various perils controlled, the dominant or efficient cause of losing must have recently been an covered by insurance peril;

installment payments on your The procedure of the peril must not arrive within the range of the policy exceptions;

three or more. The event needs to have caused reduction or destruction of the covered by insurance property;

four. The incident must be within the currency of this policy;

some. The covered by insurance must have completed all the scheme conditions and should also abide by requirements being fulfilled following your claim previously had arisen.

MATERIALS FACTS FOR FIRE INSURANCE: PREVIOUS SINCERITY OF THE FALSELY ACCUSED

The criminal convictions of an reassured could impact the moral risk, which insurance providers had to examine, and the nondisclosure of a severe criminal offence like burglary by the plaintiff would an important material nondisclosure.

INSURED'S JOB ON BREAK OUT OF FIRE, IMPLIED DUTY

Within the outbreak of an fire the insured is under an implied work to observe good faith towards the inasurance companies and the in pursuance of it the insured must do his best to avert or limit the loss. For this reason he must (1) take all of the reasonable procedures to put out the fire or perhaps prevent it is spread, and (2) help out the fire atelier and others inside their attempts to do so at any rate not really come in their very own way.

With this thing the insured property may be removed to a place of safety. Any reduction or damage the covered with insurance property may well sustain throughout attempts to combat the fire or during its removals to a host to safety and so forth, will be deemed to be decline proximately caused by the fire.

Should the insured falters in his duty willfully and thereby improves the burden of the insurer, the insured are going to be deprived in his right to revive any indemnity within the policy.[7]

INSURER'S PROTECTION UNDER THE LAW ON THE OUTBREAK OF FIRE

(A) Implied Privileges

Corresponding into the insured's responsibilities the inasurance companies have rights by the regulation, in view of liability they have taken on to indemnify the covered. Thus the insurers enjoy a right to-

o Bring reasonable measures to wash away the fire and to minimize the loss to real estate, and

to For that purpose, to enter when and bring possession of the home or property.

The inasurance companies will be liable to make good all the destruction the property could sustain throughout the steps come to put out the fireplace and as long as that in their control, because all that is considered the normal and immediate consequence on the fire; it consists of therefore recently been held in the fact of Ahmedbhoy Habibhoy sixth is v. Bombay Flames Marine Ins. Co [8] that the amount of the destruction flowing on the insured danger must be looked at when the insurer gives back and not as at that moment when the danger ceased.

(B) Loss due to steps taken to avert chance

Damage maintained due to actions taken to steer clear of an covered with insurance risk was not a consequence of that risk and was not recoverable unless the insured risk had initiated to operate. For Liverpool and London and Globe Insurance Co. Limited v. Canadian General Electric power Co. Ltd., [9] the Canadian Better Court presented that "the loss was caused by the fireplace fighters' mistaken belief the fact that their actions was necessary to avert a great explosion, and the loss wasn't recoverable beneath the insurance policy, which inturn covered sole damage due to fire exploding market., and the loss was not recoverable under the insurance policies, which covered only destruction caused by open fire or huge increase. "

(C) Express rights

Condition 5- in order to shield their privileges well inasurance companies have prescribed for better rights specifically in this predicament according to which will on the happening of virtually any destruction as well as damage the insurer every person authorized by the insurance organisation may get into, take or keep own the building as well as premises the spot that the damage has happened or perhaps require it to get delivered to all of them and overcome it for all those reasonable requirements like analyzing, arranging, taking away or advertise or remove off the equal for the account from whom perhaps it will concern.

When ever and how a good claim is manufactured?

In the event of a fireplace loss protected under the hearth insurance policy, the Insured shall immediately give notice thereof to the insurance provider. Within 15 days of the prevalence of many of these loss, the Insured ought to submit some claim written, giving the main points of destruction and their determined values. Information on other insurance policies on the same property should also end up being declared.

The Insured should certainly procure and produce, for his private expense, any kind of document just like plans, bank account books, exploration reports and so forth on demand by the insurance company.

HOW INSURANCE MAY END?

Insurance within fire policy may end in any from the following circumstances, namely:

(1) Insurer keeping away from the coverage by purpose of the covered with insurance making deceit, misdescription or maybe nondisclosure in any materials particular;

(2) If there is an autumn or displacement of virtually any insured property range as well as structure as well as part thereof, then for the expiry from seven days wherefrom, except the place that the fall or displacement was first due to the actions of any kind of insured peril; notwithstanding this kind of, the insurance could possibly be revived at revised conditions if sole notice is given to the business as soon as the incidence takes place;

(3) The insurance may perhaps be terminated any kind of time tie at the request with the insured including the option of the company on 15 days notice into the insured

SUMMARY

Tangible house is already familiar with numerous hazards like hearth, floods, explosions, earthquake, huge range and world war, etc . and insurance security can be previously had against the majority of these risks severally or in combination. The form in which the cover is usually expressed can be numerous and varied. Open fire insurance in the strict impression is concerned with giving protection against fire and fire merely. So although granting a fire insurance policy every one of the requisites need be fulfilled. The insured will be under a moral and legal obligation being at extreme good faith and should be informing true facts and not just fake grounds only with the avarice to recover funds. Further almost all insurance policies help in the development of a good Developing country. Hence insurance companies have a burden to help the insured when the insured are actually in trouble.
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