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 法律英文文书法律英文文书 → PROPERTY INSURANCE CLAUSES
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PROPERTY INSURANCE CLAUSES
发表日期: 2008-04-14 07:51:35 阅读次数: 7494 查看权限: 普通信息
PROPERTY INSURANCE CLAUSES
发布日期:2007-9-17 作者:

I. THE PROPERTY INSURED

          The property insured shall refer to all properties and expenses
      spe-cified in the Schedule of this Policy.
      Unless specifically agreed upon in writing between the Insured and the
      Company and appraised and value-established by professionals or assessors,
      the following articles and the expenses relevant thereto shall not be
      covered under this Policy:
        1. gold, silver, pearls, diamonds, precious stones and jades;
        2. antiques, articles of virtue, ancient coins, ancient books and
      ancient paintings;
        3. works of art or postage stamps;
        4. advertisements, aerials, neon, pieces of solar energy apparatus etc.
      on buildings;
        5. computer system records or its making and copying costs.
      Under no circumstances shall the following articles relevant thereto be
      covered hereunder:
        1. guns, ammunition or explosives;
        2. banknotes, securities, bills, documents, files, account books or
      drawings;
        3. animals, plants and agricultural crops;
        4. mobile phones, portable computers, removable photograph apparatus or
      other precious articles;
        5. vehicles licensed for general transport use.

      II. SCOPE OF COVER

        The Company shall indemnify the Insured in respect of the physical loss
      of or damage to the insured property stated in the Schedule during the
      period of insurance directly arising from the following perils:
        1. fire;
        2. explosion;
      but not including explosion of a boiler or other pressure relief devices;
        3. lightning;
        4. hurricane, typhoon and tornado;
        5. storm, tempest and flood;
      but not including loss or damage caused by change in normal water level or
      inundation from sea water or water escape or leakage from the normal
      confines of any natural water course, lake or reservoir, canal or dam as
      well as loss of or damage to the insured property caused by storm, tempest
      or flood while being stored in the open or covered by or under a shed
      thatched with reeds, tarpaulins, straw, asphalt felt, plastic or nylon
      sheet;
        6. hailstorm;
        7. landslide, rockslide, avalanche;
        8. volcanic explosion;
        9. subsidence of ground;
      but not including loss or damage resulting from pile driving, groundwork
      or excavation;
        10. crashing aircraft and parts or articles falling from aircraft and
      other flying objects;
        11. bursting of water tank or pipe;
        but not including bursting of water tank or pipe due to rust.

      III. EXCLUSIONS

        This Company shall not be liable for:
        1. loss of or damage to the insured property or expenses caused by
      intentional act or gross negligence of the Insured or his representative;
        2. loss of or damage to the insured property caused and expenses
      incurred by earthquake or tsunami;
        3. depreciation, loss of market, loss of use and other consequential
      losses of any description;
        4. loss of or damage to the insured property or expenses incurred
      arising from war, warlike operation, hostilities, armed conflicts,
      terrorism, conspiracy insurrection, coup d'etat, strike, riot, and civil
      commotion;
        5. confiscation, requisition, destruction or damage by any action or
      order of any government de jure or de facto or by any public authorities;
        6. loss of or damage to insured property directly or indirectly caused
      or expenses incurred by nuclear fission, nuclear fusion, nuclear weapon,
      nuclear material, nuclear radiation and radioactive contamination;
        7. loss or damage caused and expenses incurred by pollution of any kind
      or description whatsoever such as atmosphere, land and water pollutions
      but this does not include loss or damage caused by pollution arising from
      PERILS specified in Article II the Policy;
        8. the deductibles stated in the Schedule to be borne by the Insured;
        9. loss or damage arising from any other perils not listed in Article II
      of this Policy.

      IV. TREATMENT OF CLAIM

        1. The Company shall at its option, indemnify the Insured in respect of
      loss or damage falling within the Scope of Cover of the Policy by either:
        1.1 paying the amount of the actual value of the property lost or
      damaged or;
        1.2 paying the necessary cost of repairing or restoring the damaged
      property to its nearest condition immediately preceding the damage or;
        1.3 repairing or restoring the damaged property to a condition near to
      other property of like kind and quality.
        2. Indemnity under this Policy shall be based upon the sound market
      value of the property prevailing at the time of loss. If the sound market
      value of the damaged property is lower than the sum insured of such
      property, the claim shall be settled on its market value; If the sound
      market value of the property is in excess of the sum insured, the Company
      shall only be liable for such proportion of the claim as the sum insured
      of the damaged property bears to its sound market value. If the insured
      property enumerated in the Schedule is more than one item, the provision
      of this clause shall apply to each thereof.
        3. If a claim for loss of or damage to the insured item is settled on a
      total loss basis, the salvage value of such item shall be deducted from
      the indemnity payable by the Company. The Company may, at its option,
      decline the abandonment of any damaged property by the Insured.
        4. In the event of loss of or damage to any equipment item insured
      forming part of a pair or set, the Company shall not be liable in respect
      of each of such item lost or damaged for more than its proportionate part
      of the sum insured on the complete pair or set.
        5. In the event of any loss occurrence, the Company shall also pay the
      Insured for the expenses reasonably incurred for taking necessary measures
      to minimize loss or damage to the least extent, but in no case shall such
      expenses referred hereto exceed the sum insured of the insured property.
        6. Upon settlement of a claim, an endorsement shall be issued by the
      Company to reduce the sum insured corresponding to the property lost or
      damaged by the amount so settled from the date of loss, and no premium
      shall be refunded for the amount so reduced. If reinstatement of the sum
      insured is required by the Insured upon settlement of the claim, an
      additional premium for the reinstated amount shall be charged at an agreed
      rate, and be calculated on pro rata daily basis from the date of loss to
      the expiry of the insurance.
        7. The time of validity of a claim under this insurance shall not exceed
      a period of two year counting from the date of loss.

      V. INSURED'S OBLIGATIONS

        The following Obligations shall be strictly fulfilled by the Insured and
      his representative:
        1. The Insured and his representative, when applying for insurance shall
      make true answers or descriptions to the questions in the Proposal and
      Questionnaire or to any other questions raised by the Company.
        2. The Insured and his representative shall pay to the Company in due
      course the agreed premium in the manner as provided in the Schedule and
      Endorsements.
        3. During the period of this insurance, the Insured shall at his own
      expense take all reasonable precautions, including paying sufficient
      attention to and putting into practice the reasonable recommendations of
      the Company, prudently selecting the workmen and employees and complying
      with all statutory regulations and safety operation procedures.
        4. In the event of any occurrence which gives or might give rise to a
      claim under this Policy, the Insured or his representative shall:
        4.1 notify the Company immediately and within seven (7) days or any
      further period as may be agreed by the Company in writing, furnish a
      written report to indicate the course, probable reason and extent of loss
      or damage;
        4.2 take all necessary measures to avoid aggravation of the loss or
      damage and minimize it to the least extent;
        4.3 preserve the spot affected and defective parts before an inspection
      is carried out by a representative or surveyor from the Company;
        4.4 furnish all such information and documentary evidence as the Company
      may require for supporting the claim.

      VI. GENERAL CONDITIONS

        1. Policy Effect
        The due observance and fulfilment of the terms and conditions of this
      Policy in so far as they relate to anything to be done or complied with by
      the Insured shall be a condition precedent to any liability of the Company
      under this Policy.
        2. Policy Voidance
        This Policy shall be voidable in the event of misrepresentation,
      misdescription or non-disclosure made by the Insured or his representative
      in any material particular in respect of this insurance.
        3. Policy Termination
        Unless its continuance be admitted by the Company in writing, this
      Policy shall be automatically terminated if:
        3.1 the insurable interest of the Insured is lost;
        3.2 the risk of loss or damage is increased.
      After termination of the Policy, the premium shall be refunded to the
      Insured calculated on pro rata daily basis for the period from the date of
      termination to the date of expiry.
        4. Policy Cancellation
      This Policy may be canceled at any time at the request of the Insured in
      writing or at the option of the Company by giving a fifteen (15) days
      prior notice to the Insured. In the former case the Company shall retain a
      remium calculated on short term rate basis for the time the Policy has
      been in force while in the latter case such premium shall be calculated on
      rata daily basis.
        5. Forfeit of Benefit
        If the claim is in any respect fraudulent, or if any fraudulent means or
      devices are used by the Insured or his representative to obtain any
      benefit under this Policy or if any loss or damage is occasioned by the
      intentional act or in the connivance of the Insured or his representative,
      then in any of these cases, all the rights and benefits of the Insured
      under this Policy shall be forfeited, and all consequent losses arising
      therefrom including the amount of claim paid by the Company shall be
      indemnified by the Insured.
        6. Reasonable Inspection
        The representative of the Company shall at any suitable time be entitled
      to attend the site and inspect or examine the risk explosure of the
      property insured. For this purpose, the Insured shall provide full
      assistance and all details and information required by the Company as may
      be necessary for the assessment of the risk. The above mentioned
      inspection or examination shall in no circumstances be held as any
      admission to the Insured by the Company.
        7. Double Insurance
        Should any loss, damage, expenses or liability recoverable under the
      Policy be also covered by any other insurance, the Company shall only be
      liable to pay or contribute his proportion of the claim irrespective as to
      whether the other insurance is arranged by the Insured or others on his
      behalf, or whether any indemnification is obtainable under such other
      insurance.
        8. Subrogation
        Where a third party shall be held responsible for the loss or damage
      covered under this Policy, the Insured shall, whether being indemnified by
      the Company or not, take all necessary measures to enforce or reserve the
      right of recovery against such third party, and upon being indemnified by
      the Company, subrogate to the Company all the right of recovery, transfer
      all necessary documents to and assist the Company in pursuing recovery
      from the responsible party.
        9. Dispute
        All disputes under this insurance arising between the Insured and the
      Company shall be settled through friendly negotiations. Where the two
      parties fail to reach an agreement after negotiations, such dispute shall
      be submitted to arbitration or to court for legal actions. Unless
      otherwise agreed, such arbitration or legal action shall be carried out in
      the place where the defendant is domiciled.

      VII. SPECIAL PROVISIONS

        The following provisions shall be applied to all parts of this Policy
      and shall override the other terms and conditions of this Policy if any
      conflict arises.

      PROPERTY INSURANCE POLICY

      Policy No.:
        WHEREAS THE INSURED named in the Schedule hereto has made to the ______
      Insurance Company (hereinafter called "the Company") a written Proposal
      which together with any other statements made by the insured for the
      purpose of this Policy is deemed to be incorporated herein and has paid to
      the Company the premium stated in the Schedule.
      NOW THIS POLICY OF INSURANCE WITNESSES that subject to the terms and
      conditions contained herein or endorsed hereon the Company shall indemnify
      the insured for the loss or damage sustained during the period of
      insurance stated in the Schedule in the manner and to the extent
      hereinafter provided.

      By the ________ Insurance Company
      _________________________ Authorised Signature
      Date of Issue:
      Place of Issue:

      SCHEDULE
              保险单号码:Policy No.:
              1. Name and Address of the Insured
              1.1 The Insured:
              1.2 Address:
              2. Location of the Property Insured:
              3. Nature of Trade:
              4. Insured Items and Sums Insured:
              Insured Items Sums Insured
              4.1 Property Insured
              4.1.1 Building(s) (including decoration):
              4.1.2 Machinery and Equipment:
              4.1.3 Furniture and Fixture:
              4.1.4 Stock:
              4.1.5 Others:
              4.2 Additional Expenses:(including office equipment and supplies)
              4.2.1 Removal of Debris fees:
              4.2.2 Fire Extinguishing Expenses:
              4.2.3 Professional Fees:
              4.2.4 Other Expenses:
              Total Sum Insured:
              5. Deductible (any one accident):
              6. Period of Insurance: ___ months.
              from 00:00 of _________ to 24:00 hours of ______
              7. Premium Rate:
              Total Premium:
              8. Date of Payment:
              9. Jurisdiction:
              This Policy is governed by law of the People's Republic of China.
              10. Special Provisions:
              PROPERTY INSURANCE POLICY'S SCHEDULE
              _________ Insurance Company


Our Contract Template Database is complied in accordance with laws of
P.R.China.This English document is translated according to its Chinese version.
In case of discrepancy, the original version in Chinese shall prevail.


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