公众责任保险条款英文

1、China P acific Property Insurance Co.,Ltd.P ublic Liability InsuranceChina P acific Prop erty In sura nee Co., Ltd.Public Liability In sura nee ClausesGen eral Provisi onsP rovisi on I This In sura nee Con tract (here in after referred to as “ Con tract ”o)isists of In sura nee Clauses, In sura nee

2、App licati on, In sura nee Policy or other Certificates of In sura nee as well as such other in sura nee app licati on docume nts, stateme nts, comme nts, affixed endorsementsor other written documentsas related hereto. Any and all sucharran geme nts as in volved here un der shall be made in writi n

3、g.Provisi on II Any and all gover nmen tal age ncies, enterp rise and p ublic in stituti ons, social groups, in dividual econo mic orga ni zati ons and other legally established orga ni zati ons within the territory of the Peopie s Republic of China (exclusive of HKSAR, Macao SARand Taiwa n, the sam

4、e app lies below) are deemed to be qualified eno ugh to be the In sured here un der.In sura nee coverageProvisi on III During the in sura nee p eriod and withi n such scope of areas as sp ecified here in, in case of any in cide nt as a result of the I n sured s n eglige nee duri ng the course of its

5、 running any bus in ess activities or its own bus in ess, which in cide nt has caused third-party personal injuries and/or property damages and the sufferer(s) raises/raise claims the first time ever duri ng the in sura nee p eriod, the In surer shall un dertake to pay the indemni ficati ons here un

6、 der aga inst any such indemni ficati on liability as to be borne by the Insured in accordanee with the laws of the People s Republic of China (excluthelaws of HKSAR, Macao SAR and Taiwa n, the same app lies below).Provisi on IV In the eve nt of any in sured accide nt, as a result of which either ar

7、bitrati on or litigati on has bee n raised aga inst the In sured, the In surer shall also take such liability as to make indemnifications hereunder against any such arbitration or litigation expenses as impo sed on the In sured as well as those other n ecessary and reas on able fees (here in after r

8、eferred to as“egal Fees ” ), which shall be p aid by the In surer as per the p riorwritte n consent.Exclusi onscircumsta nces, the In surer shallProvisi on VIn the case of any of the follow ingnot un dertake to pay any indemni ficati on:(I) Such animals,bicycles, cars, locomotives, vessels of any ki

9、nd, aircrafts, lifts,elevators, escalators, cran es, hoists or other lifting mach inery which bel ong to orare in the po ssessi on of the In suredor used in its n ame, but not sp ecified in theSchedule of this In sura nee P olicy.(II) Such p roducts, goods and commodities as sold, marketedan d/or gr

10、an ted forfree by either the In sured or any of its empio yees and rep rese ntatives;(III) Defective sanitaryinstallationsor poisoning of any kind or any unclean orharmful food or drink;(IV) Any claims aris ing from the en gageme nt of the In sured or any of its empio yeesin such performances as a d

11、octor, attorney-at-law or accountant etc., which are categorized as of the sp ecial pro fessi ons by n ature.(V) The en gageme ntof the In suredin any con struct ion,in stallatio nan d/ordecorati on p rojects.Provisi on VI The In surer shall not un dertake to pay any indemni ficati onfor anyclaims a

12、ga inst such losses and damages as a result of:(I) Any such willful or grave misc on ducts, crim inal activities or gross n eglige nee as committed by the In sured or any of its empio yees an d/or rep rese ntatives;(II) Wars, hostileactions,military actions, armedconflicts,terrorism activities,strik

13、es, riots an d/or civil disturba nces;(III) Adm ini strative an d/or judicial acts;(IV) Natural disasters;(V) Fire, expl osi on, fumes;(VI) Nuclear react ion, n uclear radiati on, nu clear expl osi on an d/or other radioactive con tam in ati ons;(VII) Air/la nd/water p olluti ons and other non-radio

14、active con tam in atio ns;(VIII) Any en gageme nt of the In sured, any of its empio yees or any other person inthe In sured s n ame in such releva ntwork as app eari ng to be outside the ack no wledged bus in ess an d/or obligatory scopes.otheran d/or(IX)Anyaccess to and/or use of the asbestos, asbe

15、stos products and/orsubsta nces containing asbestos.Provisi on VIIThe In surer shall not un dertake to pay any indemni ficati on for anyclaims aga inst such losses and damages as a result of:(I) The personal injuries of the In sured or any of itsempio yeesrep rese ntatives;(II) Damage/loss of the pr

16、operty which bel ong to or are in the charge of or un der the con trol of the In sured or any of its empio yees an d/or rep rese ntatives;an d/oroperationor performaneeof(III) Damage/loss of any articles or land or p remises or other buildi ngs which have bee n using or occ upying by the In sured or

17、 any of its empio yees rep rese ntatives upon the requireme ntsof bus in essobligati ons;(IV) The personal injuries and property damages of any person who p rovide service to the In sured.11 of 11(V) Any such personal injuries and property damages as suffered by the clie nt as a result of any engage

18、mentof therepresentatives in such assignments alter natively as a con tractor;In suredor any of itsas pro cess ing,rep airi ng,empio yeesan d/ormodificatio nsor(VI) Fin es, pen alties or pun itive damages;(VII)A ny suchindemni ficati onaccorda nee with the con tract liability that should be borne ag

19、reeme nt);liabilityor agreement (exclusive by the Insuredthat should be borneofeven withoutby the Insuredthe indemni ficati onsuchcon tractinor(VIII) The deductibles sti pu lated in the In sura nee Policy to be borne by the In sured.Provisi on VIII The In surer shall not un dertake to pay any indemn

20、i ficati on in case of any and all such other losses, damages, costs and expen ses as un covered by the in sura nee liability.Period of In sura neeProvisi on IXThe in sura nee p eriod of this con tract is one year from 0:00 of the start ingdate of in sura nee liability to 24:00 of the expiry date of

21、 in sura nee liability as sp ecified in the In sura nee P olicy.Limits of Indemnity and DeductiblesProvisi on XThe Limits of Indemnityhere un der in elude Limit of Indemnity for Any OneAccide nt and Accumulated Limit of Indemn ity of the In sura nee Policy .In additi on, the Limits of Indemnity can

22、be calculated accord ing to other sp ecific method as agreed. Each Limit of Indemn ity shall be decided upon agreeme nt betwee nthe App lica nt andthe In surer andsp ecified in the In sura nee Policy.Provisi on XI Deductible for Any One Accide nt shall be decided upon agreeme nt betwee n the In sure

23、d and the In surer and sp ecifiedin the In sura nee Policy.Obligati ons of the In surerProvisi on XII The In surer shall issue in sura nee p olicy or other certificates of in sura nee to the In sured in a timely manner upon the executi on of this con tract.Provisi on XIIIThe In surer shall make veri

24、ficatio ns in a timely manner upon receipt of thewith the complicated situations. And such various set forth whe n applying for thein sura nee shall benecessary to deal compen sati ons as In surer seriously.In sured sclaims. Further verificatio nsmay be take n by the In surer as reas on ablyways of

25、makingperformed by thekee p the In suredin formedof the verificati onresult, with theThe In surer shallcompen sati on obligati on to be fulfilled within either ten days followi ng the con clusi on of an in sura nee compen satio n agreeme nt with the in sured or such an alter native compen sati on p

26、eriod as set forth in the Con tract.Provisi on XIVThe In surer shall have the App lica nt and the In sured no tified collectivelyand in a timely manner as of any missing and/or incomplete claim evidences and materials, which should have bee n submitted by the In sured here un der.Provisi on XVThe In

27、 surer shall pay in adva nee the amount that can be determ ined by theexisti ng evide nces or materials if the compen sati on amount cannot be determ ined with in 60 days upon the date of receivi ng the no tice of claim and related evide nces and materials. The differe nces shall be made up for afte

28、r the In surer fin ally determ ines the compen sati on amount.Obligati ons of the App lica nt and the In suredP rovisi on XVI faithful dataUpon establishme nt hereof, the App lica nt shall be obliged to p rovid ing thewhe n compi et ing the In sura nee App licati on and clarify ing such releva nt in

29、q uiries as raised by the In surer.If the App lica nt con ceals facts deliberately or fails to p erform the duty of disclosure due to gross n eglige nee that would be eno ugh to affect the In surer from making the decisi on of whether or not to agree to acce pt the in sura nee or to raise the premiu

30、m rate, the In surer has the right to term in ate the con tract.If the App lica nt deliberately refuses to p erform the duty of disclosure, the In surer shall not un dertake to pay indemnity or in sura nee money for in sured accide nt that occurs before the con tractis term in atedand shall not retu

31、r nthe in sura neepremium.If the Applicant fails to perform the duty of disclosure due to gross negligenee, thereby seriously affect ing the occurre nee of in sured accide nt, the In surer shall not un dertake to pay indemn ityor in sura neemoney for the in suredaccide nt thatoccurs before the con t

32、ract is termi nated but shall return the in sura nee p remium.The In surer shall not cancel this Con tract if it s bee n aware, upon establishme nt hereof, ofany such con diti ons as not havi ng bee n faithfully disclosed by the App lica nt; in the event of any in sured accide nt, the In surer shall

33、 un dertake to pay either indemnity or in sura nee mon ey.Provisi on XVII The App lica nt shall pay the in sura nee premium accord ing to the con tract.The App lica nt shall pay in a lump sum before the con tract takes effect if the con tract p rovides for lump-sum premium or there is no st ipu lati

34、 on about the method and time of p ayme nt, and shall pay the first in stallme nt in time if the con tract p rovides for regular premium. The In surer shall not be liable for any in sura nee liability un til the premiumis made as required by this p aragra ph.In failure of the App lica nt to either p

35、ay the premium in time or in full, or pay the sec ond in stallme nt of p remiums or any in stallme nt thereafter, the In surer shall, starti ng from the date of such default, be en titled to term in ate this Con tract and further to charge back both such accumulated premium plus in terest as of such

36、 p eriod for which the In surer has un dertake n the in sura nee liability, with this Con tract to be can celled upon no tice of can cellati on to the App lica nt, p rovided, however, the In surer shall un dertake the in sura neeliability for any such in sured accide nt as havi ng occurred p rior to

37、 the can cellati on hereofpro rata as per the percentage of the paid premium in the total amount of premium sp ecified in the In sura nee Policy.Provisi on XVIII With in the Term of this con tract, the In sured shall no tify the In surer of any in creased level of dan ger of the in sura nee subject

38、in writi ng timely, and the In surer shall have the right to either charge higher premium or cancel this Con tract depending on the sp ecific situati on.in case of any such give any notice andThe In surer shall not un dertake to pay any indemni ficati on in sured accide nt as in curred by the failur

39、eof the In sured toapparen tly in creased level of dan ger.Provision XIX The Insured shall prevent any such incidentsandfrom taking place by rema ining in strict con formity with the safety adm ini strative regulati ons as of both the State and in dustrial levels and shall seriously impi eme nt such

40、 dema nds and propo sals raised by the comp ete nt adm ini strative authorities or the In surer aga inst poten tial dan gers in cide nts.If the In sured fails to fulfill the above obligati on, the In surer shall have the right to either charge higher premium or can cel this Con tract. The In surer s

41、hall be en titled to refuse to make any indemni ficati on in the eve nt of any in sured accide nt hence in curred. The In surer shall be further en titled to refuse to make any indemni ficati on for any such expan ded part of the indemni ficati on liability hence in curred.Provisi on XX Upon receipt

42、 of a claim no tice from a third p arty, the In sured shallthe(I) Try to take n ecessary and reason able measures to prevent and mitigate the losses. Otherwise, the In surershall not un dertake to pay any indemni ficatio nforexpan ded losses hence in curred;Thecan(II) Notify the In surer in no delay

43、 and make available such writte n stateme nts as to clarify the cause(s) of the accident, what has happened and the losses hence incurred. In surer shall not un dertake to pay any indemni ficati on for any such un determ in able part of the insured accident as of which the nature, causes and losses

44、etc. hardly be determ ined due to either willful relucta nee or failure of the In sured to give such no tice in a timely manner though in abse nee of any materialmisc on duct,uni ess,however, the In surer has otherwise promp tly known, or shall have promp tlyknown, of the occurre nee of such in sure

45、d accide nt;(III) Keep the accide nt scene or releva nt records un der proper p rotecti on and allow theIn surer to con duct in vestigati ons and p rovide assista nee. The In surer shall not un dertake to pay any indemni ficati on for any such un determ in able or un verifiable part of the in sured

46、accide nt as of which the causes can hardly be determ ined and the losses can hardly be verified due to such fact as that the In surer is either not allowed to con duct, or p reve nted from con duct ing, any in vestigati on.Provisi on XXI The In sured shall, upon lear ning of any such litigatio n or

47、 arbitrati on as to p robably occur, kee p the In surer forthwith no tified thereof in writi ng. Upon rece ipt of anysummons or other legal documents as served by a court, the Insured shall have the copies thereof submitted to the In surer. The In surer shall have the right to deal with such issues

48、as related to the litigatio n or arbitrati on in the n ame of the In sured, in which case the In sured shall furnish the releva nt docume nts and assista nee as n ecessary.The In surer shall not un dertake to pay any indemni ficati on in case of any such losses and damages as expanded due to failure

49、 of the Insured to furnish the above-me ntio ned no tice or other n ecessary assista nee.P rovisi on XXII consent, an d/orperson In surerIn the event of any insured accident, without no such commitment, rejection, offer, arrangement, compensationetc. as made by the Insured to theacting on his/her be

50、half shall have any bindingthe In surer swritte np ayme nt settleme ntvictim and any othershall have the right to re-verify any such amount of ack no wledged or p aid by the In sured at its sole discreti on. And the In surer shall not undertake to pay any indemnificationfor any claim either outsidei

51、n sura nee here un der or exceedi ng the Limits of Indemnity here un der.force on the In surer. The indemnity asthe scope ofThe In surershall, duri ng the course of han dli ng claims, have the right to deal at its sole discretio n with any such claimi ng cases that are subject to its ultimate in sur

52、a nee liability, i n which case the In sured shall be obliged to furnish the n ecessary data and assista nee.P rovisi on XXIII The In sured shall furnish in a timely manner any and all claim-releva nt data and certificates to the In surer and shall en sure that they are compi ete and truthful.The In

53、 surer shall not un dertaketo pay any indemni ficati onfor any suchun determ in able part of the in sured accide nt as of which the in sura nee liabilityinwhole or in part can hardly be determ ined due to failure of the In sured to fulfill the above obligati on.Provisi on XXIVWhen making a claim, th

54、e In sured shall no tify the In surer of any otherin sura nee con tract related with the in sura nee liability un der this Con tract. For the overp aid in sura nee p roceeds due to failure of the In sured to make faithful disclosures, the In surer shall have the right to charge back such amount whic

55、h shall be borne by the In surer of other in sura nee con tract.Claim Han dli ngProvision XXV When making a claim, the Insured shall provide the documents as follows: (I)Origi nal In sura nee Policy and Certificate of premium collect ion;(II) Claim App licatio n;(III) Claim-releva nt data as made av

56、ailable by such third-party or any other person act ing on his/her behalf to the in sured:(IV )Proof of accide nt p rovided by releva nt dep artme nt;(V) In case of any third-party personal injuries, the medical expense receipt, certificate ofdiag no sis and medical record, which have bee n issued b

57、y such medical in stituti on as of sec on d-class and up or recog ni zed by the In surer, shall be furni shed in origi nal; in case of any third-party injuries an d/or disabilities, a certificate of disability degree , which has bee n issued by such medical institution as qualified in terms of disab

58、ility evaluation con formity with the app licable laws and legal regulati ons, shall be furni shed in additi on; in case of a third-party decease, a certificate of death, which has bee n issued by either the p ublic security orga n or medical in stituti on, shall be furni shed in additi on.(VI) In case of any third-party property losses, an itemized list of property losses expen ses shall be furni shed;(VII) The validated legal docume nts, in cludi ng the award, court decisi o