It is noted and agreed that ………………………………………… (hereinafter referred to as the lessors) are the owner of the Property insured under (Item ……….) and that such property is the subject of a Leasing Agreement made between the Lessors on the one part and the Insured on the other part. It is further understood and agreed that any payment made in respect of loss or damage (which loss or damage is not made good by repair, reinstatement or replacement) under the terms of this Policy shall be made to the lessors as long as they are the owners of the Property. It is understood and agreed that notwithstanding any provision in the Leasing Agreement to the contrary, this policy is issued to the Insured as the principal party and not as agent or trustee for the lessors and nothing herein shall be considered as constituting the Insured an agent of trustee for the lessors or as an assignment (whether legal or equitable) by the Insured t the lessors of his rights, benefits and claims under this policy, and further, nothing herein shall be construed as creating any right in the lessors to sue the insurer in any capacity whatsoever for any alleged breach of its obligations hereunder.
Where the subject-matter insured hereunder (or any apportionable part) becomes missing and after the lapse of a reasonable time has not been located, an actual total loss of the subject-matter insured (or any apportionable party) may be presumed. For the purposes of this insurance, there shall be deemed to have been the lapse of a reasonable time where delivery to the consignees’ or other final warehouse or place of storage at the destination named herein has not been effected within 90 days of the expected date of such delivery. If, after the payment by the Insurer(s) of an actual total loss as provided for above, this subject-matter insured or whatever may remain thereof is located, the ownership and all proprietary rights incidental thereto shall be vested is the Insurer(s) the subject-matter insured of whatever may remain thereof.