#nuclear safety indemnity

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Australia covers US and UK ‘against any liability’ for nuclear submarine hazards

Australia covers US and UK ‘against any liability’ for nuclear submarine hazards #Australia #liability #USandUK

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Fire Insurance Under Indian Insurance Law

A contract of Insurance comes into being when a person seeking insurance protection enters into a contract with the insurer to indemnify him against loss of property by or incidental to fire and or lightening, explosion, etc. This is primarily a contract and hence as is governed by the general law of contract. However, it has certain special features as insurance transactions, such as utmost faith, insurable interest, indemnity, subrogation and contribution, etc. these principles are common in all insurance contracts and are governed by special principles of law.

FIRE INSURANCE:

According to S. 2(6A), "fire insurance business" means the business of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss by or incidental to fire or other occurrence, customarily included among the risks insured against in fire insurance business.

According to Halsbury, it is a contract of insurance by which the insurer agrees for consideration to indemnify the assured up to a certain extent and subject to certain terms and conditions against loss or damage by fire, which may happen to the property of the assured during a specific period. Thus, fire insurance is a contract whereby the person, seeking insurance protection, enters into a contract with the insurer to indemnify him against loss of property by or incidental to fire or lightning, explosion etc. This policy is designed to insure one's property and other items from loss occurring due to complete or partial damage by fire.

In its strict sense, a fire insurance contract is one:

1. Whose principle object is insurance against loss or damage occasioned by fire.

2. The extent of insurer's liability being limited by the sum assured and not necessarily by the extent of loss or damage sustained by the insured: and

3. The insurer having no interest in the safety or destruction of the insured property apart from the liability undertaken under the contract.

LAW GOVERNING FIRE INSURANCE

There is no statutory enactment governing fire insurance, as in the case of marine insurance which is regulated by the Indian Marine Insurance Act, 1963. the Indian Insurance Act, 1938 mainly dealt with regulation of insurance business as such and not with any general or special principles of the law relating fire of other insurance contracts. So also the General Insurance Business (Nationalization) Act, 1872. in the absence of any legislative enactment on the subject , the courts in India have in dealing with the topic of fire insurance have relied so far on judicial decisions of Courts and opinions of English Jurists.

In determining the value of property damaged or destroyed by fire for the purpose of indemnity under a policy of fire insurance, it was the value of the property to the insured, which was to be measured. Prima facie that value was measured by reference of the market value of the property before and after the loss. However such method of assessment was not applicable in cases where the market value did not represent the real value of the property to the insured, as where the property was used by the insured as a home or, for carrying business. In such cases, the measure of indemnity was the cost of reinstatement. In the case of Lucas v. New Zealand Insurance Co. Ltd.[1] where the insured property was purchased and held as an income-producing investment, and therefore the court held that the proper measure of indemnity for damage to the property by fire was the cost of reinstatement.

INSURABLE INTEREST

A person who is so interested in a property as to have benefit from its existence and prejudice by its destruction is said to have insurable interest in that property. Such a person can insure the property against fire.

The interest in the property must exist both at the inception as well as at the time of loss. If it does not exist at the commencement of the contract it cannot be the subject-matter of the insurance and if it does not exist at the time of the loss, he suffers no loss and needs no indemnity. Thus, where he sells the insured property and it is damaged by fire thereafter, he suffers no loss.

RISKS COVERED UNDER FIRE INSURANCE POLICY

The date of conclusion of a contract of insurance is issuance of the policy is different from the acceptance or assumption of risk. Section 64-VB only lays down broadly that the insurer cannot assume risk prior to the date of receipt of premium. Rule 58 of the Insurance Rules, 1939 speaks about advance payment of premiums in view of sub section (!) of Section 64 VB which enables the insurer to assume the risk from the date onwards. If the proposer did not desire a particular date, it was possible for the proposer to negotiate with insurer about that term. Precisely, therefore the Apex Court has said that final acceptance is that of the assured or the insurer depends simply on the way in which negotiations for insurance have progressed. Though the following are risks which seem to have covered Fire Insurance Policy but are not totally covered under the Policy. Some of contentious areas are as follows:

FIRE: Destruction or damage to the property insured by its own fermentation, natural heating or spontaneous combustion or its undergoing any heating or drying process cannot be treated as damage due to fire. For e.g., paints or chemicals in a factory undergoing heat treatment and consequently damaged by fire is not covered. Further, burning of property insured by order of any Public Authority is excluded from the scope of cover.

LIGHTNING : Lightning may result in fire damage or other types of damage, such as a roof broken by a falling chimney struck by lightning or cracks in a building due to a lightning strike. Both fire and other types of damages caused by lightning are covered by the policy.

AIRCRAFT DAMAGE: The loss or damage to property (by fire or otherwise) directly caused by aircraft and other aerial devices and/ or articles dropped there from is covered. However, destruction or damage resulting from pressure waves caused by aircraft traveling at supersonic speed is excluded from the scope of the policy.

RIOTS, STRIKES, MALICIOUS AND TERRORISM DAMAGES: The act of any person taking part along with others in any disturbance of public peace (other than war, invasion, mutiny, civil commotion etc.) is construed to be a riot, strike or a terrorist activity. Unlawful action would not be covered under the policy.

STORM, CYCLONE, TYPHOON, TEMPEST, HURRICANE, TORNADO, FLOOD and INUNDATION: Storm, Cyclone, Typhoon, Tempest, Tornado and Hurricane are all various types of violent natural disturbances that are accompanied by thunder or strong winds or heavy rainfall. Flood or Inundation occurs when the water rises to an abnormal level. Flood or inundation should not only be understood in the common sense of the terms, i.e., flood in river or lakes, but also accumulation of water due to choked drains would be deemed to be flood.

IMPACT DAMAGE: Impact by any Rail/ Road vehicle or animal by direct contact with the insured property is covered. However, such vehicles or animals should not belong to or owned by the insured or any occupier of the premises or their employees while acting in the course of their employment.

SUBSIDENCE AND LANDSLIDE INCULUDING ROCKSIDE: Destruction or damage caused by Subsidence of part of the site on which the property stands or Landslide/ Rockslide is covered. While Subsidence means sinking of land or building to a lower level, Landslide means sliding down of land usually on a hill.

However, normal cracking, settlement or bedding down of new structures; settlement or movement of made up ground; coastal or river erosion; defective design or workmanship or use of defective materials; and demolition, construction, structural alterations or repair of any property or ground-works or excavations, are not covered.

BURSTING AND/OR OVERFLOWING OF WATER TANKS, APPARATUS AND PIPES: Loss or damage to property by water or otherwise on account of bursting or accidental overflowing of water tanks, apparatus and pipes is covered.

MISSILE TESTING OPERATIONS: Destruction or damage, due to impact or otherwise from trajectory/ projectiles in connection with missile testing operations by the Insured or anyone else, is covered.

LEAKAGE FROM AUTOMATIC SPRINKLER INSTALLATIONS: Damage, caused by water accidentally discharged or leaked out from automatic sprinkler installations in the insured's premises, is covered. However, such destruction or damage caused by repairs or alterations to the buildings or premises; repairs removal or extension of the sprinkler installation; and defects in construction known to the insured, are not covered.

BUSH FIRE: This covers damage caused by burning, whether accidental or otherwise, of bush and jungles and the clearing of lands by fire, but excludes destruction or damage, caused by Forest Fire.

RISKS NOT COVERED BY FIRE INSURANCE POLICY

Claims not maintainable/ covered under this policy are as follows:

o Theft during or after the occurrence of any insured risks

o War or nuclear perils

o Electrical breakdowns

o Ordered burning by a public authority

o Subterranean fire

o Loss or damage to bullion, precious stones, curios (value more than Rs.10000), plans, drawings, money, securities, cheque books, computer records except if they are categorically included.

o Loss or damage to property moved to a different location (except machinery and equipment for cleaning, repairs or renovation for more than 60 days).

CHARACTERICTICS OF FIRE INSURANCE CONTRACT

A fire insurance contract has the following characteristics namely:

(a) Fire insurance is a personal contract

A fire insurance contract does not ensure the safety of the insured property. Its purpose is to see that the insured does not suffer loss by reason of his interest in the insured property. Hence, if his connection with the insured property ceases by being transferred to another person, the contract of insurance also comes to an end. It is not so connected with the subject matter of the insurance as to pass automatically to the new owner to whom the subject is transferred. The contract of fire insurance is thus a mere a personal contract between the insured and the insurer for the payment of money. It can be validly assigned to another only with the consent of the insurer.

(b) It is entire and indivisible contract.

Where the insurance is of a binding and its contents of stock and machinery, the contract is expressly agreed to be divisible. Thus , where the insured is guilty of breach of duty towards the insurer in respect of one subject matters covered by the policy , the insurer can avoid the contract as a whole and not only in respect of that particular subject mater , unless the right is restricted by the terms of the policy.

(c) Cause of fire is immaterial

In insuring against fire, the insured wishes to protect him from any loss or detriment which he may suffer upon the occurrence of a fire, however it may be caused. So long as the loss is due to fire within the meaning of the policy, it is immaterial what the cause of fire is, generally. Thus , whether it was because the fire was lighted improperly or was lighted properly but negligently attended to thereafter or whether the fire was caused on account of the negligence of the insured or his servants or strangers is immaterial and the insurer is liable to indemnify the insured. In the absence of fraud, the proximate cause of the loss only is to be looked to.

The cause of the fire however becomes material to be investigated

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

(2) Where the fire is due is to cause falling with the exception in the contract.

LIMITATION OF TIME

Indemnity insurance was an agreement by the insurer to confer on the insured a contractual right, which prima facie, came into existence immediately when the loss was suffered by the happening of an event insured against, to be put by the insurer into the same position in which the accused would have had the event not occurred but in no better position. There was a primary liability, i.e. to indemnify, and a secondary liability i.e. to put the insured in his pre-loss position, either by paying him a specifying amount or it might be in some other manner. But the fact that the insurer had an option as to the way in which he would put the insured into pre-loss position did not mean that he was not liable to indemnify him in one way or another, immediately the loss occurred. The primary liability arises on the happening of the event insured against. So, the time ran from the date of the loss and not from the date on which the policy was avoided and any suit filed after that time limit would be barred by limitation.[2]

WHO MAY INSURE AGAINST FIRE?

Only those who have insurable interest in a property can take fire insurance thereon. The following are among the class of persons who have been held to possess insurable interest in, property and can insure such property:

1. Owners of property, whether sole, or joint owner, or partner in the firm owning the property. It is not necessary that they should possession also. Thus a lesser and a lessee can both insure it jointly or severely.

2. The vender and purchaser have both rights to insure. The vendor's interest continues until the conveyance is completed and even thereafter, if he has an unpaid vendor's lien over it.

3. The mortgagor and mortgagee have both distinct interests in the mortgaged property and can insure, per Lord Esher M.R."The mortgagee does not claim his interest through the mortgagor , but by virtue of the mortgage which has given him an interest distinct from that of the mortgagor"[3]

4. Trustees are legal owners and beneficiaries the beneficial owners of trust property and each can insure it.

5. Bailees such as carriers, pawnbrokers or warehouse men are responsible for there safety of the property entrusted to them and so can insure it.

PERSON NOT ENTITLED TO INSURE

One who has no insurable interest in a property cannot insure it. For example:

1. An unsecured creditor cannot insure his debtor's property, because his right is only against the debtor personally. He can, however, insure the debtor's life.

2. A shareholder in a company cannot insure the property of the company as he has no insurable interest in any asset of the company even if he is the sole shareholder. As was the case of Macaura v. Northen Assurance Co.[4] Macaura. Because neither as a simple creditor nor as a shareholder had he any insurable interest in it.

CONCEPT OF UTMOST FAITH

As all contracts of insurance are contracts of utmost good faith, the proposer for fire insurance is also under a positive duty to make a full disclosure of all material facts and not to make any misrepresentations or misdescreptions thereof during the negotiations for obtaining the policy. This duty of utmost good faith applies equally to the insurer and the insured. There must be complete good faith on the part of the assured. This duty to observe utmost good faith is ensured b requiring the proposer to declare that the statements in the proposal form are true, that they shall be the basis of the contract and that any incorrect or false statement therein shall avoid the policy. The insurer can then rely on them to assess the risk and to fix appropriate premium and accept the risk or decline it.

The questions in the proposal form for a fire policy are so framed as to get all information which is material to the insurer to know in order to assess the risk and fix the premium, that is, all material facts. Thus the proposer is required too give information relating to:

o The proposer's name and address and occupation

o The description of the subject matter to be insured sufficient for the purpose of identifying it including,

o A description of the locality where it is situated

o How the property is being used, whether for any manufacturing purpose or hazardous trade.etc

o Whether it has already been insured

o And also ant personal insurance history including the claims if any made buy the proposer, etc.

Apart from questions in the proposal form, the proposer should disclose whether questioned or not-

1. Any information which would indicate the risk of fire to be above normal;

2. Any fact which would indicate that the insurer's liability may be more than normal can be expected such as existence of valuable manuscripts or documents, etc, and

3. Any information bearing upon the more; hazard involved.

The proposer is not obliged to disclose-

1. Information which the insurer may be presumed to know in the ordinary course of his business as an insurer;

2. Facts which tend to show that the risk is lesser than otherwise;

3. Facts as to which information is waived by the insurer; and

4. Facts which need not disclosed in view of a policy condition.

Thus, assured is under a solemn obligation to make full disclosure of material facts which may be relevant for the insurer to take into account while deciding whether the proposal should be accepted or not. While making a disclosure of the relevant facts, the

DOCTRINE OF PROXIMATE CAUSE

Where more perils than one act simultaneously or successively, it will be difficult to assess the relative effect of each peril or pick out one of these as the actual cause of the loss. In such cases, the doctrine of proximate cause helps to determine the actual cause of the loss. Proximate cause was defined in Pawsey v. Scottish Union and National Ins. Co.,[5]as "the active, effective cause that sets in motion a train of events which brings about a result without the intervention of any force started and working actively from a new and independent source." It is dominant and effective cause even though it is not the nearest in time. It is therefore necessary when a loss occurs to investigate and ascertain what is the proximate cause of the loss in order to determine whether the insurer is liable for the loss.

PROXIMATE CAUSE OF DAMAGE

A fire policy covers risks where damage is caused by way of fire. The fire may be caused by lightening, by explosion or implosion. It may be result of riot, strike or on account of any, malicious act. However these factors must ultimately lead to a fire and the fire must be the proximate cause of damage. Therefore, a loss caused by theft of property by militants would not be covered by the fire policy. The view that the loss was covered under the malicious act clause and therefore .the insurer was liable to meet the claim is untenable, because unless and until fire is the proximate cause f damage, no claim under a fire policy would be maintainable.[6]

PROCEDURE FOR TAKING A FIRE INSURANCE POLICY

The steps involved for taking a fire insurance policy are mentioned below:

1. Selection of the Insurance Company:

There are many companies that offer fire insurance against unforeseen events. The individual or the company must take care in the selection of an insurance company. The judgment should rest on factors like goodwill, and long term standing in the market. The insurance companies can either be approached directly or through agents, some of them who are appointed by the company itself.

2. Submission of the Proposal Form:

The individual or the business owner must submit a completed prescribed proposal form with the necessary details to the insurance company for proper consideration and subsequent approval. The information in the Proposal Form should be given in good faith and must be accompanied by documents that verify the actual worth of the property or goods that are to be insured. Most of the companies have their own personalized Proposal Forms wherein the exact information has to be provided.

3. Survey of the Property/ Consideration:

Once the duly filled Proposal Form is submitted to the insurance company, it makes an "on the spot" survey of the property or the goods that are the subject matter of the insurance. This is usually done by the investigators, or the surveyors, who are appointed by the company and they need to report back to them after a thorough research and survey. This is imperative to assess the risk involved and calculate the rate of premium.

4. Acceptance of the Proposal:

Once the detailed and comprehensive report is submitted to the insurance company by the surveyors and related officers, the former makes a thorough perusal of Matrix Insurance Auto and the report. If the company is satisfied that their is no lacuna or foul play or fraud involved, it formally "accepts" the Proposal Form and directs the insured to pay the first premium to the company. It is to be noted that the insurance policy commences after the payment and the acceptance of the premium by the insured and the company, respectively. The Insurance Company issues a Cover Note after the acceptance of the first premium.

[fpgindia-blog]

Professional Indemnity Insurance

In present days courts are very consumer friendly and in lots of cases, they have given full right to patients to sue against the doctors for their carelessness & unethical practices. In many cases, court has passed orders for doctors & hospitals to pay for their mistakes. That is the power of Professional Indemnity Insurance.

If a professional is found guilty of providing wrong advice or cheated client, professional indemnity insurance helps in defending the claim by providing legal cost & expenses, also monetary benefits to their clients to rectify the mistake.

Professional Liability Insurance (PLI) is also known as Professional Indemnity Insurance. It’s very popular in theUS with thename of Error & Omission (E&O) and is a type of liability insurance which provides help in protecting professional service & advise.

Professional Liability Insurance Planning (PLI) can be taken in many forms depending upon the profession, mainly in medical & legal, and may become necessary under contract by other businesses that are the beneficiaries of the advice or service.

Every individual is different from the other & some individuals always take arisk in their profession that leads to liability if an error in service takes place. Lots of people work on theprevious experience of professions. If a professional person makes a mistake, the person who is following his advice will be impacted. People are very well educated nowadays& they know how to take benefit of court if some professional makes a mistake

What is Professional Indemnity Cover?

It’s very useful policy for the professionals. If the policy is continuously renewed from the date of inception, then it also provides the benefit of aclaim for the earlier period.

This policy can be issued to agroup of people also who are in thesame profession. Group discount benefit is also available depending upon the number of members.

Professional Indemnity Covers thewhole amount for which a professional is legally liable to pay to thethirdparty as a damage against any error and mistake by the insured professional while providing the professional service.

This cover also provides the legal cost & expenses of defense, but prior consent of insurance company is required subject to the overall cover provided by the company.

This policy will not cover any type of criminal act or violation of law by the professional while rendering the service to thethird party. It only covers civil liability claims.

In this cover, sum insured is called as Limit of Liability. The summust be countable. In most insurance policies normally, claim amount is known but in Professional Indemnity Cover, claim amount is unknown.

Insurance company sets the limit of liability, up to which they will bear the losses. Excess to that will

Professional Indemnity Cover starts from 0.30% to 1% of the insured amount. Amount of premium is depending on manyfactors i.e. Income, Limit, Professional Experience,and Jurisdiction.

Following are the professionals which are covered under this plan:

Ø Interior Decorators, Architects & Engineers.

Ø Advocates, Lawyers, Solicitors & Counselors.

Ø Doctors & Medical Practitioners like Surgeons, Cardiologist, Physician & Neurologist.

Ø Designers, Event Planners, Small Business.

Ø Chartered Accountants, Financial Accountants & Management Consultants.

Ø It also covers the legal liability of Medical Establishment, such as Hospitals & Nursing Homes as an error committed by any professional or experienced assistant appointed by the Medical Establishment.

  This plan does not cover professionals from the financialindustry, but financial advisors can take this policy under the category of consultants.

What is covered under the policy

Professional Indemnity Covers the financial losses due to error or omission by the professional while rendering the service for which he/she was hired.

There is one condition to this cover: that third party suffered bodily injury or property damage.

This plan provides safety against compensation arising  due to Negligence, Act, Error or Carelessness while rendering the professional service. Defense Cost is also covered for professionals like Chartered Accountants, Architects, Engineers, Advocates, Lawyers, Designers, Doctors and Medical Establishments to protect their business interest from the losses due to error or act by the appointed professionals.

Professional Indemnity Insurance covers professionals from the legal claims arising due to following covered threats:

Ø A business which is done by any person who is appointed by the insured professional, by or on behalf of said firm, any business conducted in their professional capacity.

Ø Payment of Fees, Expenses and Defense Cost as per Indian Jurisdiction.

Ø All professionals in thebusiness of a firm, if they are covered.

Ø Legal liability arising due to bodily injury or death due to abreach of professional duty by the insured professional.

How to select the sum insured

In this cover, sum insured is called as Limit of Indemnity. This limit is fixed per accident and per policy period which is called Any One Accident (AOA) LIMIT and ANY ONE YEAR (AOY) limit appropriately.

One can choose the ratio of AOA limit to AOY limit from the following:

        i.            1:1

     ii.            1:2

   iii.            1:3

   iv.            1:4

AOA limit is maximum amount payable for each accident. It should be fixed based on nature of the activity of the insured and the maximum persons that could be affected and maximum property damage that can occur, in the worst accident scenario. Any One Accident limit is cramped to 25% to Any One Year limit in Professional Indemnity Insurance for professionals like Interior Decorators, Lawyers, Advocates, Chartered Accountants, Solicitors, Management Consolers, Financial Accountants & Engineers.

In theoccurrence of any event where liability claim is arising, theinsurance company must be informed immediately. On receipt of any legal notice or summon, it should also be informed by theinsurance company. So that insurance company can arrange a defense option.

AOA limit selected considered as the maximum amount payable including the defense cost. AOY limit will get automatically reduced by the claim amount of any one accident. Any number of such claims made during the policy period will be covered subjects to the total indemnity not exceeding the AOY limit.

What does Professional Indemnity Insurance not cover

The insurance does not cover any claims made for the following acts:

Ø Deliberate, willful or intentional noncompliance withany statutory provision.

Ø Non-Compliance with technical standards commonly observed in professional practice laid down by law or regulated by official bodies.

Ø Fines, Penalties, Punitive or exemplary damages.

Ø Professional services rendered by the insured prior to the Retroactive Date in the Schedule. Deliberate conscious or intentional disregard of the insured’s technical or administrative management of the need to take all reasonable steps to prevent claims.

Ø Any dishonest, fraudulent criminal or malicious act or omission.

Ø Loss of pure financial nature such as loss of goodwill or loss of market.

Ø Arising out of all personal injuries such as Libel, Slander, False Arrest, Wrongful Eviction, Wrongful Detention, Defamation and Resultant Mental Injury.

Ø Injury to any person under the contract of employment or apprenticeship with the insured their contractor(s) and /or Sub –Contractor(s) when such injury arises out of the execution of such contract.

Ø War and Nuclear Threats.

Ø Infringement of Plans, Copyright, Patent, Trade Name, Trademark, Registered Design.

Ø Assumed by the insured by agreement and which would not have attached in the absence of such agreement.

Ø Any criminal act or any act committed in violation of any law or ordinance.

Ø Services rendered while under the influence of intoxicants or narcotics.

Ø Any third party public liability.

Ø Any condition caused by or associated with AIDS.

Apart from all mentioned above, this policy will also not cover the Penalties, Loss of Goodwill, Medical Treatment given for Weight Loss, Plastic Surgery, Genetic Damages and conditions associated with AIDS.

  Read More: SEBI Registered Investment Advisor l Planning for Early Retirement l Real Estate Planning

[associacaoesoa-blog]

Rejections causes Rio Doce to become totally lifeless Largest Environmental Impact of Brazil in MARIANA

Dams break and flood pure waters with contaminated waste with heavy metals. Killing fish in mass, making the waters brown, lacking land and pure water for the population, for consumption, agribusiness, riverside, places to resettle the homeless of the contaminated place (receiving fertile land today is like winning the lottery, you have to have lots of Fortunate, and indemnities cannot pay for preserved land, and so claim that the immeasurable environmental impacts with losses forever because: no insurance covers fertilized land lost forever with the biomes, because humanely.

It is impossible to redo a biome with your hands, replacing all species lost forever, with the expulsion of riverine and native people who have knowledge of fauna and flora and who are immeasurable wealth, with the knowledge of applications of natural inputs in all types of Products daily and globally.

The sites with the tailings of the mining companies: - and the fragility of the security of the current productive process - with state-of-the-art cutting-edge technology; - with extremely high productivity;

The importance of the safety of industrial processes and their losses in the industry, by lack of total monitoring and quality of environmental management and environmental and social cost guarantee.

Waste with loss from lack of monitoring, continuous, daily maintenance for all dams, because there are natural seismic, prolonged drying and infiltrations also impact on the mega infrastructure system construction. An operational failure or bed production process management results in effects many of the same time adverse: parts, products and services outside the specific standard; Interruption of the production process, generating onus and damage to productive performance; Dissatisfaction on the part of the functional and managerial body, with bad indicators, often occurring work accidents, the death of totally innocent people.

Everything MAN does has a certain useful life. The cements and materials of dams have a specific technology to support the life inside the waters, and this requires continuous monitoring, and this also for the hydroelectric, and for that reason the decommissioning of the COMPANY ENERGETCS OF SÃO PAULO that practiced practically in the whole country with the Monitoring in deployments, maintenance, monitoring and training of highly specialized labor with tradition since this type of energy development in the country was started.

 ENVIRONMENTAL EMERGENCY

First must be done work always preventive as the case, fitting the nuclear, as the case of dams that bring great environmental impacts, extinguishing species forever, insured no copper such losses. Why the highest cost with resolution of critical situations of dangerous, fatal and random occurrence, which can occur at different levels of impact. Environmental emergencies endanger human, animal, soil, water, air, and atmosphere hazards. In the case of MARIANA with the spillage of tailings, many families have lost their hopes of being able to see the sweet river which was totally polluted, several residents say that only God can save the Rio Doce than by the highly qualified need and guarantee in the quality of management in the highest RISK processes in industrial enterprises has made the river so polluted that it will take a long time to normalize its life cycle again, like the mass fish that have disappeared, the potability of the water.

More than 18 months. And corporate responsibility has not yet approved the pilot project necessary to be developed and conscious to life again again for the river Doce.

THE ENVIRONMENTAL AND SOCIAL ORGANIZATION ESO-A presented a pilot project with the Company Vale do Rio Doce for the necessary decontamination WORK - 150 km of Rio Doce, with lower cost processes and in several cases with tailings leakage, mainly in the States United States and Europe, develop methods such as that presented in the project for environmental emergency.

Presented rejection to the project, hence reflected about people who can no longer fish, swim, keep their normal life, cannot survive.

But the Stakeholders themselves of the companies that own the tailings have their share of environmental and social responsibility.

And even after 18 months, there are still totally polluted and lifeless places, and the area responsible for the safety of the area did not receive the low cost project to decontaminate 150 km from the Doce River at a cost of 300,000 reais.            This represents a minimum of application in recovery, having in view of the push and pull of Blows between law, defense lawyers, public prosecutors, municipal government and state government and environmental bodies such as IBAMA and even no organization submitted project For renaturation of the Doce river. Why does the company have operating license, and have not even decontaminated the Doce River? That's the most affected - all the loss of your life, after thousands of tons of heavy metals stored in the funding damn that needed total safety for the excellent quality of management by preventing that it could have never been occurred.            And as environmental and social entity we do not know why the company rejected the process of low cost to give life to the Doce River.