建筑工程一切险（英文）CONSTRUCTION ALL RISKS CLAUSES （2009 Version&nbs
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GENERAL
PROVISION
Article 1.
The Insurance Contract
incorporates the Insurance Clauses, Proposal, Policy, Endorsements
(if any). Any agreement related to the Insurance Contract shall be
in written form.
SECTION I -- MATERIAL
DAMAGE
SUBJECT MATTER
INSURED
Article 2
The property and costs which
are related to the construction contract and situated in the
specified worksite, are insured hereby,
provided being itemized and listed in the Policy.
Article 3
The following property or costs
shall not be insured by this Policy, unless otherwise specifically
agreed between the Insurer and the Insured and with sum insured
stated in this Policy:
3.1 Construction plants,
machinery and equipments;
3.2 The property belonging to
the Insured which exists or is formed within or in the vicinity of
the worksite before the commencement of the contract works
insured;
3.3 The property or any part of
it which has been put into commercial use or taken over or actually
occupied by the Employer or the property or any part of it for
which a certificate of completion has been issued or which has been
accepted by the representative of the Employer after the Contractor
formally proposes works acceptance before the expiry date of this
Policy;
3.4 Debris removal costs, which
means necessary and reasonable costs and/or expenses incurred by
the Insured to remove and dispose of debris at the worksite for the
purpose of repairing the insured property after an event giving
rise to identifiable loss or damage under this
Section.
Article 4
The following items and
articles are not insured by this Policy:
4.1 Documents, books, drawings,
technical data, computer software, computer data, and other
property of which the value could not be appraised;
4.2 Portable communication
devices, portable computer devices, portable photographic camera
equipment and other portable devices or equipment;
4.3 Land, seabed, mineral,
water, animals, plants, trees and growing crops;
4.4 Vehicles, ships or aircraft
licensed for general transport use or covered by other
insurance;
4.5 Illegal or dangerous
buildings or structures, or illegally occupied
property.
SCOPE OF
COVER
Article 5
Subject to the terms,
exclusions, conditions and provisions contained in the Policy or
endorsed thereon, the Insurer shall indemnify the Insured for the
physical loss of or damage to the property insured (physical loss
or damage being hereinafter termed Damage) during the period of
insurance within the specified worksite arising from any Natural
Hazard or Accident other than those specifically excluded in this
Policy.
Article 6
Subject to the terms,
exclusions, conditions and provisions contained in the Policy or
endorsed thereon, the
Insurer shall also indemnify the Insured for the following costs
and/or expenses incurred in consequence of the Damage caused by
event insured by this Policy as stated in Article 5 during the
period of insurance:
6.1 costs and/or expenses
necessarily and reasonably incurred by the Insured for preventing
or mitigating the Damage of subject matter insured after an event
insured hereby;
6.2 other related costs and/or
expenses specified in this Policy in respect of the above-mentioned
loss or damage.
EXCLUSIONS
Article 7
The Insurer shall not be
liable for:
7.1 loss of or damage to
property insured and/or any part thereof or any costs and/or
expenses resulting from faulty design;
7.2 loss of or damage to
property insured itself and/or any costs and/or expenses resulting
from wear and tear, inherent or latent defect, change in substance,
spontaneous combustion, natural heating, oxidation, rust and
corrosion, leakage, mice, insects or vermin, change in atmosphere
(climatic or temperature) conditions, change in normal water level
or any other progressively operating cause;
7.3 loss of or damage to the
property insured itself due to defective material or bad
workmanship and expenses incurred to replace, repair or rectify
such fault, defect, error, or omission;
7.4 loss of or damage to the
mechanical or electrical devices insured themselves unless due to
external forces; loss of or damage to the construction plants
machinery and equipments or mechanical devices themselves due to
breakdown or derangement thereof.
Article 8 The Insurer shall
not be liable for:
8.1 costs and/or expenses
incurred for normal maintenance or overhaul;
8.2 loss of or damage to
files, documents, account books, bills, cash, securities, drawings,
data and packing materials;
8.3 shortage discovered at
the time of taking an inventory;
8.4 loss of or damage to
vehicles, ships or aircraft licensed for general transport use or
having been covered by any other insurance;
8.5 unless otherwise agreed,
loss of or damage to the property belonging to the Insured which
exists or is formed within or in the vicinity of the worksite
before the commencement of the contract works;
8.6 unless otherwise agreed,
loss of or damage to the property insured or any part thereof for
which a certificate of completion has been issued or which have
been tested and accepted or actually occupied or put into service
or taken over by the Employer before the expiry date of this
Policy.
SUM INSURED AND
DEDUCTIBLE
Article 9
9.1 The sum insured of this
Policy shall not be less than:
9.1.1
For contract works -- the full value exposed at
the completion of the contract works including costs and/ expenses
of materials, equipments, construction and erection, freight and
premium, customs duty, any other taxes and expenses, including any
free issue material and equipments which are to be incorporated
therein.
9.1.2
For other Items Insured -- the sums agreed upon
between the Insured and the Insurer.
9.2 If the sum insured is based
on the estimated value stated in the construction contract, the
Applicant and/or Insured shall:
9.2.1 notify the Insurer in
writing as soon as practical if the contract value including all
costs and expenses under this Policy exceeds
the original insured contract value due to rise in price or
appreciation, and the Insurer shall then adjust the sum insured
accordingly;
9.2.2 keep a precise record in writing on the
particulars of the contract works concerned during the period of
insurance and allow the Insurer to inspect and examine such record
at any reasonable time;
9.2.3
declare to the Insurer the actual
amount spent in the contract works by the time of declaration as
well as updated estimate contract value at an interval of every
twelve (12) months from the inception date of this Policy, if the
construction period of the insured project is longer than
thirty-six (36) months, the Insurer shall
adjust the premium accordingly;
9.2.4
provide the Insurer with the actual
final contract value within three (3) months after the expiry date
of the Policy, and the
premium shall be adjusted accordingly.
Article 10
The deductible shall be agreed
upon between the Applicant and the Insurer when entering into the
insurance contract and be specified in this
Policy.
LOSS
SETTLEMENT
Article 11
The Insurer may, at his own
option, indemnify the insured in respect of loss of or damage to
the property insured either by way of payment in cash or by way of
repair or replacement of the items lost or damaged. Nevertheless
the extra costs and/or expenses of any alterations, additions or
improvements occurring in the course of repair or replacement
carried out by the Insured shall not be recoverable under this
Policy.
Article 12 In
case of any loss or damage recoverable under this Policy, the
Insurer shall ascertain the loss amount on the following
basis:
12.1 In cases where damage which can be repaired,
the Insurer shall indemnify the costs incurred necessarily to
repair or to restore the damaged property to its nearest condition
immediately before the occurrence of loss or damage after deducting
the salvage value specified in Article 46. If, however, the costs
of repair equal or exceed the actual value of the damaged property
immediately before the occurrence of loss or damage, the settlement
shall be made on the basis provided for in Article
12.2;
12.2 In the event of a total or constructive total
loss, the Insurer shall pay the actual value of the insured
property immediately before the occurrence of the loss or damage,
after deducting the salvage value as reached in Article
46.
Article 13
For the loss of or damage to
the insured property recoverable under this Policy, the amount of
indemnity shall be ascertained on the following
basis:
13.1 If the sum insured is
equivalent to or higher than the amount
required to be insured , the amount of indemnity shall be the
actual loss sustained but in no case shall the
maximum liability of the Insurer exceed the amount required to be
insured.
13.2 If the sum insured is less
than the amount required to be insured, the amount of indemnity
shall be such a proportion of the actual loss as the sum insured
bears to the amount required to be insured, but in no case shall
the maximum liability of the Insurer exceed the sum
insured.
Article 14
The amount of indemnity for any
one accident is the amount as reached in Article 13 after deduction
of the deductible for any one accident, or the amount as reached in
Article 13 after deduction of the amount multiplying the deductible
ratio. ［标的损失计算按照保险财产损失前的实际价值扣除残值后的金额赔偿；
Any loss of or damage to the
property insured arising during any one period of seventy-two (72)
consecutive hours, caused by storm, typhoon, flood or other
continuous occurrence of natural hazards shall be deemed as a
single event and constitute one loss occurrence, deducting the
deductible (ratio) for one time in the settlement of any claim. The
commencement of any such seventy-two (72) hour period can be
decided at the discretion of the Insured. However, there shall be
no overlapping in any two or more such seventy-two (72) hour
periods in the event of damage occurring over several continuous
seventy-two (72) hour periods.
Article 15
If the property insured
specified in this Policy has more than one item, the Insurer shall
calculate the amount of indemnity item by item and the liability of
the Insurer in respect of each item shall not exceed its insured
amount specified in this Policy nor the limit of indemnity as
specified in the Special Provisions or Endorsements where
applicable. But in no case shall the maximum liability of the
Insurer in respect of material damage under this section exceed the
total sum insured specified in this Policy.
Article 16
If the sum insured is
equivalent to or greater than the amount required to be insured,
the Insurer shall pay the Insured in respect of the necessary and
reasonable costs and/or expenses incurred for the purpose of
preventing or diminishing imminent damage to property insured
caused by peril insured against by this Policy, in which case, the
amount of such sue and labor expenses shall be calculated
separately from the amount of indemnity for the Damage of the
property insured, subject to the limit of the amount required to be
insured of the rescued property.
If the sum insured is less than
the amount required to be insured, the payment of the
aforementioned sue and labor expenses shall be such proportion of
the actual expenses as the sum insured of the rescued property
insured bears to its amount required to be insured, and calculated
separately from the amount of indemnity for the Damage of the
property insured, subject to the limit of the sum insured of the
rescued property insured.
In the case that uninsured
items are included in the rescued property, the Insurer shall only
pay for the proportion
of the sue and labor
expenses as
the amount required to be
insured for the rescued property insured bears to the total value
of the rescued property.
Article 17 In
the event of a partial loss, upon settlement of the claim by
the Insurer, the sum insured of this Policy shall be
correspondingly reduced from the date of Damage, and no premium
shall be refunded by the Insurer for so reduced. If reinstatement
of the sum insured is required by the Applicant upon settlement of
the claim, an additional premium for the reinstated amount shall be
charged on pro rata daily basis from the date of requirement by the
Applicant to the expiry date of this
Policy.
SECTION II -- THIRD PARTY
LIABILITY
SCOPE OF
COVER
Article 18
Subject to the terms,
exclusions, conditions and provisions contained in the Policy or
endorsed thereon, the Insurer shall indemnify the Insured in
respect of any sums which the Insured shall become legally liable
to pay as damages as a result of
18.1 accidental death of or
bodily injury to or illness of third parties, or
18.2 accidental loss of or
damage to property belonging to third parties
caused by an accident occurring
in direct connection with the performance of the contract works
insured and happening on or in the immediate vicinity of the
worksite during the period of insurance.
Article 19
Subject to the terms,
exclusions, conditions and provisions contained in the Policy or
endorsed thereon, the Insurer shall also indemnify the Insured in
respect of arbitration or litigation costs or other necessary and
reasonable costs (hereinafter called Legal Cost), which are payable
by the Insured legally or by arbitration arising from an event
insured by this Policy subject to prior written consent of the
Insurer.
EXCLUSIONS
Article 20
The Insurer shall not be
liable for:
20.1 any loss of or damage
to any property, land or building caused by vibration or by removal
or weakening of support, and bodily injury to any person or
material damage to property occasioned by or resulting from any
such loss or damage;
20.2
any accident caused by vehicles, ships or aircrafts licensed for
general transport use;
Article 21 The
following shall be excluded from the cover
provided by this section:
21.1 any loss or damage and
expenses covered or required to be covered under Section I of this
insurance contract;
21.2 death of or bodily
injury to or illness of the Employer(s) or the Contractor(s) or any
other related party(ies) or their employees or workmen engaged in
connection with the contract works on the site, or members of their
families.
21.3 any loss of or damage
to property belonging to or held in care, custody or control of the
Employer(s) or the Contractor(s) or any other party(ies) concerned
or the employees or workmen of one of the
aforesaid
21.4 any contractual
liability assumed by the Insured, unless such legal liability would
have been attached to the Insured in the absent of
such contract.
LIMIT OF INDEMNITY AND
DEDUCTIBLE
Article 22
The Limit of Indemnity includes
the limit of indemnity for any one accident, the limit of indemnity
for bodily injury per person, the aggregate limit of indemnity,
which are agreed upon between the Applicant
and the Insurer and specified in this Policy.
Article 23
deductible shall be agreed upon
between the Applicant and the Insurer when entering into the
insurance contract and be specified in this is Policy.
LOSS
SETTLEMENT
Article 24
The Insurer shall ascertain the
amount of indemnity on the following basis:
24.1 Negotiations between the
Insured and the Claimant, and with prior confirmation of the
Insurer;
24.2 Arbitrament by the
Arbitrator;
24.3 Judgement by the People’s
Court;
24.4 Other means approved by
the Insurer.
Article 25
For losses identifiable within
the period of insurance, the amount of indemnity is calculated on
following basis:
25.1 For any one accident, the
Insurer shall indemnify the Insured up to the limit of indemnity
for any one accident, in which the indemnity for bodily injury per
person shall not exceed the limit for bodily injury specified in
this Policy.
25.2.1 The Insurer shall,
subject to Article 25.1, indemnify the Insured after deducting the
deductible for any one accident specified in this Policy.
Nevertheless the deductible is not applicable to liability arising
from bodily injury.
25.2.2 The Insurer shall,
subject to Article 25.1, indemnify the Insured after deducting the
amount as calculated by the deductible ratio for any one accident
specified in this Policy. Nevertheless the deductible is not
applicable to liability arising from bodily injury.
25.3 The aggregate amount of
indemnity for series of incidents shall not exceed the aggregate
limit of indemnity specified in this Policy.
Article 26
the Insurer shall indemnify the
Insured for legal costs arising from the accident as agreed in this
Policy in addition to the amount calculated in accordance with
Article 25.
Article 27
The Insurer can make payment
directly to the third party suffering loss or damage caused by the
Insured, subject to relevant laws or regulations, or agreement in
this Policy.
In case the Insured shall
become legally liable to pay as damages to the third party,
the Insurer shall, at the claim
of the Insured, indemnify the third party directly. The third party
is entitled to request the Insurer directly for the indemnity he
deserves when the Insured fails to claim in a timely manner. The
Insurer shall not make payment to the Insured unless the Insured
has indemnified the third party suffering loss or damage caused by
the Insured.
SECTION III -- CONDITIONS
APPLICABLE TO ALL SECTIONS
EXCLUSIONS
Article 28 The Insurer shall
not indemnify the Insured in respect of any loss, damage, liability
or expenses resulting from or aggravated by:
28.1 war, warlike operation,
hostilities, armed conflicts, terrorism, conspiracy insurrection,
coup d’etat;
28.2
governmental or judicial
actions；
28.3 strike, riot, civil
commotion;
28.4 willful act or gross
negligence of the Insured or his representative;
28.5 nuclear fission,
nuclear fusion, nuclear weapon, nuclear material, nuclear
radiation, nuclear explosion, nuclear contamination and other
radioactive contamination;
28.6 pollution of any kind
including atmosphere, land and water pollutions.
Article 29 The Insurer shall
not indemnify the Insured in respect of following loss, damage or
expenses resulting from or aggravated by:
29.1 cessation of work
whether total or partial;
29.2 consequential loss of
any kind or description whatsoever including penalties, losses due
to delay or loss of contract;
29.3.1 the deductibles
stated in this Policy to be borne by the Insured;
29.3.2 the deductibles
calculated by the deductible ratio stated in this
Policy.
PERIOD OF
INSURANCE
Article 30
The period of insurance of this
Policy shall follow the agreement stated below:
30.1 The liability of the
Insurer shall begin notwithstanding any date to the contrary
specified in this Policy, directly upon commencement of the
physical work or after the unloading of the insured materials or
equipments on the worksite and shall expire immediately after a
certificate of completion has been issued for part or whole of the
insured project or part or whole of the insured project have been
tested after completion or actually occupied or put into commercial
use or taken over by the Employer, whichever is the earlier. In no
case shall the effective date be earlier or the expiry date be
later than the period of insurance specified in this
Policy.
30.2 Notwithstanding anything
to the contrary stated in the contract concerned, the Insurer shall
be liable only for the loss, damage, expenses and/or liabilities
caused by the testing or commissioning occurring during the testing
or commissioning period stated in this Policy. In the case of each
used or second-hand item of property or equipments insured, the
insurance to such items or equipments shall, however, terminate
immediately on the commencement of the testing and
commissioning.
30.3 Any extensions of the
period of insurance shall be subject to the prior written consent
of the Insurer Otherwise, the Insurer shall not be liable for any
loss, damage, expense and/or liabilities after the expiry date of
the construction period stated in the Policy.
OBLIGATIONS OF THE
INSURER
Article 31.
In case of application of
standard clauses, the Insurer shall enclose them in the Proposal
Form and explain the contents of the insurance contract to the
Applicant. For the clauses exempting the Insurer’s liability, the
Insurer shall make remarkable notice in the Proposal Form, Policy
or other certificates to draw the Applicant’s attention, and
explain them clearly in written or oral form when entering into the
insurancecontract. Otherwise, such clauses shall be
void.
Article 32.
The Insurer shall issue the
Policy or Endorsements in a timely manner after the establishment
of an insurance contract.
Article
33. The Insurer’s right to cancel the Policy as stated
in Article 37 is void if not exercised by the Insurer within thirty
days after his acknowledgement of any causes for cancellation of
this Policy. After two years from the establishment of the
insurance contract, such right to cancel the Policy is also void
and the Insurer shall indemnity the Insured in respect of loss,
damage or liability insured by this Policy.
If before the establishment of
the insurance contract, the Insurer is aware of the Applicant’s
misrepresentation or non-disclosure, the Insurer cannot cancel the
Policy, and still shall indemnity the Insured in respect of loss,
damage or liability insured by this Policy.
Article
34. If the
Insurer believes that the proofs and documents provided by the
Insured, as required in Article 43, are not sufficient, the Insurer
shall request the Applicant and/or the Insured to provide
additional materials in time and once for all.
Article 35.
Upon receipt of a claim, the
Insurer shall confirm whether the Damage is covered by this Policy
or not in a timely manner. For complicated
cases, the Insurer shall make decision within thirty days, unless
otherwise stipulated in the insurance contact.
The Insurer shall notify the
Insured of the decision in a timely manner. If the loss, damage or
liability is covered by this Policy, the Insurer shall make payment
within ten days after reaching an agreement with the Insured. If
the time limit for indemnity is specifically stipulated in the
insurance contact, the Insurer shall make payment within such time
limit. If the loss, damage or liability is not covered by this
Policy, within three days after the decision, the Insurer shall
issue a declination letter and explain the reasons to the
Insured.
Article 36.
The Insurer shall allow an
advance payment that can be determined by the available proofs or
documents if the final settlement amount cannot be determined
within sixty days after receipt of such claim and relevant
documents, and pay the balance to the Insured after the final
amount of indemnity is adjusted.
OBLIGATIONS OF THE APPLICANT
AND/OR INSURED
Article 37.
Before entering into an
insurance contract, the Applicant shall make full and accurate
representation and disclosure at the reques and/or inquiry t of the
Insurer in respect of the property insured and the Insured himself
and complete the Proposal Form faithfully.
If the Applicant fails to
fulfill the obligation of making full and accurate representation
and disclosure as aforementioned due to his willful act and/or
gross negligence, which may affect the Insurer’s decision whether
to write the risk of the insurance and, if so,
whether to raise the premium rate, the Insurer is entitled to
cancel the Policy.
If the Applicant willfully
fails to comply with the obligation of making full and accurate
representation and disclosure, the Insurer shall not be liable for
any loss or damage happening prior to the cancellation of the
Policy while no premium shall be refunded.
If the Applicant, due to
gross negligence, fails to disclose in truth material particular(s)
which has significant contribution to the occurrence of the event
insured hereby, the Insurer shall not indemnify the Insured for any
loss or damage happening prior to the cancellation of this Policy,
but shall return premium collected.
Article 38.
The Applicant shall pay premium
as agreed upon in the insurance contract.
If the premium is agreed to be
paid in a lump, the Applicant shall pay the premium on or before
the agreed due date. Otherwise, the Insurer shall not be liable for
any loss or damage which occurs prior to premium
payment.
If the premium is agreed to be
paid in installments, the Insurer shall undertake liability in
proportion of the paid premium to the total payable premium before
the occurrence insured hereby. The payable premium refers to
the total premium that the Applicant shall pay as agreed prior to
the occurrence.
Article 39
The insured shall observe and
fulfill the relevant Laws, regulations and requirements on fire,
safety and production operations, carefully select workers, comply
with all laws and regulations relating to construction and
erection, technical procedures and safety rules to protect the
security of property insured.
The representative of the
Insurer shall at any suitable time be entitled to attend the
worksite and inspect or examine the risk exposure of the property
insured. The Insured shall provide full assistance and all details
and information required by the Insurer as may be necessary for the
risk assessment. The above mentioned inspection or examination
shall in no circumstances be held as any promise to the Insured by
the Insurer. The Applicant and the Insured shall implement in a
serious manner the written recommendations provided by the Insurer
in respect of eliminating risks or dangers.
If the Applicant or the Insured
fails to comply with due obligations concerning reasonable
precautions, the Insurer is entitled to charge additional insurance
premium or cancel the Policy.
Article 40
Once any property insured is
transferred, the Insured or the Assignee shall notify the Insurer
in time.
If the risk increases
materially due to that transfer, the Insurer may charge additional
premium or cancel the Policy subject to the terms and conditions of
the Policy within thirty days upon the Insurer’s receipt of such
notice, in which case, the Insurer shall retain the premium due for
the period from inception of the Policy to the date of
cancellation, and refund the remainder of the charged premium to
the Applicant
If the Insured or Assignee
fails to comply with the obligation of notification, the Insurer
shall not be liable for any loss or damage due to the material
increase of risks resulted from such transfer of the property
insured.
Article 41
During the Period of Insurance, the Insured shall give the Insurer timely
written notice of the material changes of the project design,
methods, techniques or
any other material alteration which materially increases the risks
of the insurance and affects the Insurer’s decision whether to
continue writing the risk of insurance and, if so, whether to
increase the premium, in which case, the Insurer has the right to claim for additional
premiums or cancel the Policy. If the Insurer cancels the Policy,
the Insurer is entitled to retain the premium due for the period
from the date of inception to the date of cancellation and the
balance of premium shall be returned to the Applicant.
If the Insured fails to
comply with the obligation of notification aforementioned, the
Insurer shall not be liable for any loss or damage due to the
material change.
Article 42
If any event giving rise to or
likely to give rise to a claim under this Policy comes to his
knowledge, the Applicant or the Insured shall:
42.1. take all necessary and
reasonable measures to prevent or minimize the damage; otherwise
the Insurer shall not indemnify the Insured in respect of the
extended or aggravated loss or damage caused
hereby;
42.2. notify the Insurer
immediately and submit a written report on the cause, course and
extent of the loss or damage. If the Applicant and/or Insured
fail to notify the Insurer in time due to his willful act or gross
negligence, which makes the Insurer not adjust the nature, cause
and extent of the loss, the Insurer shall not indemnify the Insured
in respect of the uncertain part, except that the Insurer is
aware or ought to be aware of the occurrence timely by other
means.
42.3. preserve the spot, permit
and assist the Insurer to investigate the accident. If the cause
of the accident cannot be ascertained or the severity of the damage
cannot be verified due to the refusal of or disturbance by the
Insured, the Insurer shall not indemnify the Insured in respect of
such uncertain part of loss or damage.
42.4 report to the Public
Security Bureau immediately in the case of loss of or damage to the
property insured due to theft or burglary or malicious
acts;
42.5 immediately notify the
Insurer in writing whenever having knowledge of any impending
prosecution in connection with any accident for which there may be
liability under this Policy and forward to the Insurer every letter
writ, summons or process or other court documents on receipt
thereof
Article 43
To lodge a claim, the Insured
should submit to the Insurer the Policy, claims application,
Breakdown of loss and damage of property insured, loss report, as
well as other relevant evidence and / or documents concerning the
nature of the accident, cause and the extent of
loss.
If the Applicant or Insured
fails to comply with their obligation of providing the proofs and
documents aforementioned, which makes the Insurer not able to
verify the loss or damage, the Insurer shall not indemnify the
Insured in respect of the uncertain part of the loss or
damage.
Article 44
If the discovery of a defect in
any property insured indicates or suggests that similar defect
exists in other property insured, the Insured shall, at his own
expenses, investigate and rectify forthwith the defect in such
other property. Otherwise, the Insurer shall not be liable for
any loss or damage arising out of the said or similar defect
thereof.
LOSS
SETTLEMENT
Article 45
The Insured cannot lodge any
claim against the Insurer if he has no Insurable Interest in the
property insured at the time of the occurrence hereby
insured.
Article 46
The property insured still
carrying salvage value after loss or damage shall be disposed upon
agreement between the Insured and Insurer. If the salvage of the
damaged property is retained by the Insured, the salvage value
shall be deducted from the actual amount of indemnity
Article 47
If at the occurrence of any
event insured hereby, there be any double insurance subsisting, the
Insurer shall not pay or contribute more than his rateable
proportion of loss or damage as the corresponding sum insured under
this Policy bears to the corresponding total sum insured under all
these policies.
The Insurer shall not
advance the amount payable by other insurer(s).
If the Insurer has paid more
than his share due to the Insured’s non-disclosure, the Insurer is
entitled to claim for the portion paid in excess.
Article 48
If any third party is held
liable for the loss or damage insured against hereby, the Insurer
shall be entitled by subrogation to claim for indemnity against
such third party from the date of payment subject to the limit of
the payment, and the Insured shall provide the Insurer with all the
necessary documents and relevant information known to
him.
If the Insured has already been
indemnified by the third party liable for the loss, the Insurer
shall deduct the corresponding amount when calculating the amount
of indemnity.
The Insurer shall not be
liable for the loss or damage after the occurrence of insured
event, if the Insured waive the right to claim against the third
party liable before the Insurer makes payment of
indemnity. If the
Insured waives the right to claim against the third party liable
without the Insurer’s consent after receiving indemnity from the
Insurer, such waiver of right is invalid. If the Insurer cannot
exercise the right of subrogation due to willful act or gross
negligence of the Insured, the Insurer may deduct a corresponding
amount when calculating the amount of indemnity or request refund
of a corresponding amount from the indemnity
paid to the Insured.
Article 49
The limitation of action to
claim for indemnity under this Policy shall be two years from the
date that the Insured is aware or ought to be aware of the
occurrence of loss or damage insured hereby.
.
DISPUTE RESOLUTION AND
JURISDICTION
Article 50
All disputes arising from
implementing this Policy shall be settled through negotiations
between the parties concerned. Upon failure to reach an agreement
through negotiations, such dispute shall be referred to the
arbitration commission specified in the Policy. If there is no
arbitration commission specified in the Policy and no agreement
reached for arbitration, legal proceeding could be initiated with
the People’s Court in People’s Republic of China.
Article 51
All
disputes shall be governed by the laws of the People’s Republic of
China, but except laws of Hong Kong SAR, Macau SAR, and
Taiwan.
MISCELLANEOUS
Article 52
In respect of partial loss
of the property insured, the Applicant is entitled to cancel the
Policy within thirty days from the date that the Insurer fulfils
the obligation of payment. This insurance may also be terminated at
the option of the Insurer by sending fifteen days’ notice to the
effect being given to the Applicant, unless otherwise agreed and
stipulated in this Policy.
If this Policy is
cancelled as aforementioned, the Insurer shall refund to the
Applicant the premium of the undamaged proportion of the property
insured after deducting the premium that shall be charged from the
date of inception to the date of cancellation.
Article
53 At
the Applicant’s request for cancellation of the insurance contract
before the inception of insurance, the Insurer shall charge the
Applicant a commission for cancellation as stipulated in the
Policy, but shall return the balance of the premium to the
Applicant. If the Policy is cancelled at the request of the
Insurer, no commission shall be charged and the full premium
charged shall be returned to the Applicant.
At the Applicant’s
request for cancelation of the Policy after inception of insurance,
the insurance shall terminate from the date that the Applicant
informs the Insurer, and the Insurer shall retain the premium
calculated on pro rata daily basis from the inception date of
insurance to the date of cancellation, and refund the balance of
the premium to the Applicant. This insurance may also be cancelled
at the request of the Insurer after inception of insurance by
sending fifteen days’ notice to the effect being given to the
Applicant, in which case the Insurer shall calculate the premium on
pro rata daily basis from the inception date of insurance to the
date of cancellation, and refund the balance of premium to the
Applicant.
Article 54
In the case that the property insured suffers
total loss insured against hereby, the insurance shall terminate
upon the Insurer’s fulfillment of indemnity obligation. If the loss
is not covered hereby, the Policy shall terminate, and the Insurer
shall refund the premium to the Applicant after deducting the
short-term premium as calculated pro rata daily from the date of
inception to the date of loss.
LANGUAGE
Article 55
In the event
of a discrepancy between the Chinese version and its English
translation, the Chinese version shall
prevail.
DEFINITIONS
Article
56 The
following definitions shall be applicable to the wording concerned
in this Policy.
1. Natural hazards: lightning,
rainstorm, flood, tempest, cyclone, hailstorm, typhoon, hurricane,
sandstorm, snowstorm, ice slush, sudden landslide, avalanche,
mud-rock flow, sudden subsidence of ground and any other phenomena
of nature with strong destructive power and beyond human
control.
1.1 Earthquake: the shake the
earth's crust makes.
1.2 Tsunami: huge ocean waves
caused by submarine earthquake, volcanic eruption, underwater
landslide or collapse.
1.3 Lightning stroke: a
disaster caused by lightning. Lightning refers to an electric
discharge phenomenon happening in cumulonimbus clouds, between
clouds or between clouds and ground. The destructive forms of
lightning stroke are divided into direct lightning stroke and
inductive lightning stroke.
1.3.1. Direct lightning stroke: loss caused as
lightning hits property insured directly, which is covered hereby
as direct lightning stroke liability.
1.3.2. Inductive lightning stroke: static induction or
electromagnetic induction caused by lightning stroke makes indoor
metal objects which insulate against ground produce high potential
and sparks, thereby leading to fire and damage of electric
appliance, or high voltage induction of lightning results in damage
of electric appliance, which is insured hereby as inductive
lightning stroke liability.
1.4 Rainstorm: rainfall with
precipitation of more than 16mm per hour, or more than 30mm within
12 consecutive hours, or more than 50mm within 24 consecutive
hours.
1.5 Flood: flash flood,
flooding of rivers, tide landing and backflow. The following are
not flood risks: regular flood tide, water leakage of automatic
sprinkler system, underground water seepage and water pipe
burst.
1.6 Tempest: natural wind with
force over Beaufort Force 8 and speed more than 17.2
m/s.
1.7 Tornado: a violent
whirlwind within small range and in short time, with average
maximum land speed from 79m/s to 103m/s, and extreme maximum speed
more than 100m/s.
1.8 Hailstone: ice block or ice
ball of a diameter over falling to the ground from severe
convective cumulonimbus clouds, whose diameter is greater than 5mm
and core is hard.
1.9
Typhoon and hurricane. Typhoon is a tropical cyclone with the
maximum average force near the center reaching or exceeding
Beaufort Force 12, namely tropical cyclone at
speed of more than 32.6m/s. Hurricane is a of the same nature as
typhoon but positioned differently areas as the Indian and Atlantic
Ocean for hurricane while northwestern Pacific Ocean for
typhoon.
1.10 Sand storm: a weather
phenomenon that strong wind blows up large quantities of dust and
sand on the ground making air dirty and horizontal visibility less
than one kilometer.
1.11
Snowstorm: snowfall equal to or greater than 10mm in 12 consecutive
hours.
1.12 Ice
slush: a phenomenon that during spring break, the floating of ice
blocks is obstructed and ice blocks accumulate resulting in river
channel blockage and sharp rise of water level, river water
overflows from river channel and spreads all around to cause
damage.
It is also ice slush risk
covered against in this insurance that in mountain, valley or other
overland area, ice block formed by rain or snow gets heavier and
drops and damage is so made.
1.13
Sudden landslide: a phenomenon that unstable soil bodies or
man-made deposits on slopes slide down suddenly and integrally
under the action of gravity.
1.14
Avalanche: a phenomenon that rock cliffs, soil cliffs and rocks
crumble and collapse due to natural weathering and rain erosion and
a great deal snow collapses and tumbles down from on high suddenly
under the action of gravity.
1.15
Mud-rock flow: a special torrent containing large quantities of
sand and stones, excited by rainwater and water produced by ice and
snow melting.
1.16 Sudden subsidence of
ground: a phenomenon that the earth's crust subsides suddenly
resulting from natural variation and stratigraphic contraction. It
can also be that the ground subsides suddenly due to erosion of
tide water, river or heavy rain, or due to cavities or pockets
about which the contractor has no such stratigraphic knowledge
before construction. However, foundation subsidence, crack and
collapse, etc, caused by not meeting the requirements of
construction are not sudden subsidence of ground.
2 Accident:
unforeseen, uncontrollable and sudden event which leads to material
damage, which includes fire and explosion.
2.1 Fire:
fire is a disaster caused by combustion out of control in time or
space. The Insurer shall not be liable for the peril of fire unless
the following three conditions are met together:
2.1.1. Combustion produces heat, light and
flame;
2.1.2. Combustion is occasional and
unexpected;
2.1.3. Combustion goes beyond control and tends to
spread and expand.
Combustion itself is not “fire”
insured in this Policy. Purposive burning in manufacture or daily
life is not insured against, such as burning down contaminated
clothes for epidemic prevention or burning the grass on waste land
by fire, etc.
The loss caused by baking,
roasting or ironing is not insured as there is neither combustion
nor spreading or expanding tendency.
The damage to electric motors,
appliances and equipment caused by overuse, overvoltage, swinging
cross, flash, leakage and self-heating is not “fire” insured.
However, if combustion happens, spreads beyond control, fire
insured comes into existence and the Insurer shall then be liable t
for the losses of electric motors, appliances and
equipment.
2.2
Explosion: explosion includes physical explosion and chemical
explosion.
2.2.1. Physical explosion. Physical explosion happens
when the container cannot bear the sharply rising pressure when the
liquid inside changes into steam or gas. Some examples are boiler
explosion, air compressor explosion, compressed gas cylinder
explosion and liquid gas storage tank explosion, etc. Boiler or
pressure vessel explosion is an accident that during use or
pressure test, a boiler or pressure vessel bursts making its
internal pressure to instantly drops to external air pressure, i.e.
explosion accident.
2.2.2. Chemical explosion. Chemical explosion happens
when plenty of heat and gas are released and expands with great
pressure when things decompose or burns momentarily. Some examples
are gunpowder explosion, flammable dust and fiber explosion,
flammable gas explosion and explosion of various chemicals,
etc.
Losses caused by inherent vice,
latent defect, wear and tear, inferior quality, or negative
pressure inside container are not insured under this
coverage.
3. The amount required to be
insured: the amount required to be insured is the amount insured
reached by Article 9.1 and 9.2 of this insurance
contract.
中国人民财产保险股份有限公司上海市浦东支公司
业务员：罗海芬
电话：021-58354321-2828
手机：13817781268
传真：58355419
地址：上海市浦东南路1085号华申大厦8003室
