公责英文条款.doc

PUBLIC LIABILITY INSRUANCE CLAUSESI. SOPE OF COVER1. The insurer shall in the manner hereinafter provided indemnify the Insured against such sums which the Insured shall become legally liable to pay as damages in respect of death of or bodily injury to third parties, or loss of or damage to property belonging to third parties, in consequence of an accident occurring in direct connection with the performance of the work and happening on or in the vicinity of the premises stated in the Schedule during the period of insurance;2. In respect of any claim covered under this policy, the insurer shall in addition indemnify the Insured against the relevant legal costs payable by the Insured and other expenses incurred with the prior written consent of the insurer;3. The indemnification made by the insurer for any one accident shall be subject to the amounts to be payable by the Insured which are decided in accordance with the law by the court or the governmental department concerned.Provided always that the liability of the insurer shall in no case exceed the limits of indemnity for any one accident stated in the Schedule, and during the whole period of insurance, the maximum liability of the insurer shall in no case exceed the aggregate limit of indemnity as stated in the Schedule.DEFINITION:The Word “ACCIDENT” shall, for the purpose of this Policy mean any unforseenable, uncontrollable by the Insured and sudden occurrence event which leads to material damage or bodily injury.II. EXCLUSIONSThe insurer shall not be liable for:1. liability assumed in accordance with any agreement between the Insured and other parties, unless such liability would have been attached to the Insured notwithstanding such agreement.2. liability in respect of injury to any person who at the time of sustaining such injury is engaged in the service of the Insured.3. liability in respect of damage to following property: 3.1 belonging to or in the charge or under the control of the Insured or his representative or employee; 3.2 being that part of any goods or land or building or structure on which the Insured or his representative or any employee is or has been using or occupying.4. liability in respect of injury or damage caused by or in connection with or arising from: 4.1 the ownership or possession or use by or on behalf of the Insured of any animal, cycle, vehicle, locomotive, vessel of any kind, aircraft, lift, elevator, escalator, crane, hoist or other lifting machinery not specified in the Schedule. 4.2 fire, earthquake, explosion flood or, fumes; 4.3 pollution of any kind or description whatsoever such as atmosphere, land and water pollutions; 4.4 defective sanitary installation or poisoning of any kind of foreign or deleterious matter in food or drink. 4.5 remedial or treatment advice given or agreed by the Insured.5. liability in respect of or arising from damage to any land or property or structure caused by vibration or removal or weakening of support.6. liability for any consequence arising directly or indirectly from war, warlike operation, hostilities, armed conflicts, terrorism, conspiracy insurrection, coup detat;7. liability for any consequence arising directly or indirectly from strike, riot, civil commotion or malicious acts;8. intentional act or gross negligence of the Insured and his representative.9. liability arising directly or indirectly from nuclear fission, nuclear fusion, nuclear weapon, nuclear material, nuclear radiation and radioactive contamination;10. fines, penalties, punitive or exemplary indemnities;11. the deductibles stated in the Schedule to or stipulated in the Policy be borne by the Insured.III. TREATMENT OF CLAIM1. In the event of any claim recoverable under this policy: 1.1 If the insured make or give admission, rejection, offer, promise, payment or indemnity without the written consent of the insurer, the insurer shall not be liable to any claims. And the insurer shall be entitled, if it so desires, to take over and conduct in the name of the Insured the defence or settlement of any claim. 1.2 The insurer shall be entitled, as its own expense and for its own benefit, to lodge in the name of the Insured any claim for indemnity against any persons and the Insured shall provide assistance as the insurer may require. 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 insurer or not, take all necessary measures to enforce or reserve the right of recovery against such third party. The insurer may deduct a corresponding sum from the amount of indemnity if it is not able to exercise the right of indemnity by subrogation due to the fault of the insured. Upon being indemnified by the insurer, the insured shall subrogate to the insurer all the right of recovery, transfer all necessary documents to and assist the insurer in pursuing recovery from the responsible party. If the insured, without the insurers consent, waives the right of indemnity against the third party after indemnity is made by the insurer, the waiver of the insured shall be regarded as invalid. 1.3 The insurer shall have full discretion to conduct any proceedings or settle any claim, and the insured shall provide evidence and materials to prove the nature, causes and extent of the loss or damage2. The time of validity of a claim under this insurance shall not exceed the period stipulated by the Insurance Law of The Peoples Republic of ChinaIV. Obligation of the applicant/insured The following Obligations shall be strictly fulfilled by the applicant/insured and their representatives:1. The insurer shall, prior to the conclusion of an insurance contract, explain the contract terms and conditions to the applicant and may inquire about the subject of the insurance or person to be insured. The applicant shall make a full and accurate disclosure. The insurer shall have the right to terminate the insurance contract, in the case that the applicant intentionally conceals facts, or does not perform his/her obligation of making a full and accurate disclosure, or negligently fails to perform such obligation to the extent that it would materially affect the insurers decision whether or not to write the risk or whether or not to increase the premium rate. If any applicant intentionally fails to perform his/her obligation of making a full and accurate disclosure, the insurer shall bear no obligation for making any indemnity or payment of the insurance benefits, or for returning the premiums paid for the occurrence of the insured accident which occurred prior to the termination of the contract. If an applicant negligently fails to perform his/her obligation of making a full and accurate disclosure and this materially affects the occurrence of an insured accident before the termination of the contract, the insurer shall bear no obligation for making any indemnity or payment of the insurance benefits but may return the premiums paid.2. The applicant shall pay the insurer in due course the agreed premium in the manner as provided in the Schedule and Endorsement;3. The Insured shall exercise reasonable care that only steady, sober and competent employees are employed and that all buildings, ways, works, plant, machinery, furniture and fittings belonging to the Insured are substantial and sound and in proper order and fit for the purposes for which they are used and that all statutory requirements and all bye-laws and regulations impose by any public authority are duly observed and complied with. Upon any defect being brought to his notice the Insured shall forthwith proceed to make good the same and shall take such temporary precautions to prevent accident as the circumstances may require.4. In the event of any occurrence that gives or might give rise to a claim under this Policy, 4.1 The Insured or his representative shall notify the insurer immediately and, within seven (7) days or any further period as may be agreed by The insurer in writing, furnish a written report to indicate the course, probable reason and extent of loss damage. the nature, causes and extent of loss or damage cant be determined because the insured fail to notify The insurer in time due to fault, The insurer shall not be liable to any claims; 4.2 The course, cause and extent of loss damage cant be determined because the insured alter or repair without the consent of the insurer, all buildings, ways, works, plant, machinary furniture and fitting belonging to the Insured until The insurer shall have had an opportunity of inspecting, the insurer shall not be liable to any claims. 4.3 The Insured or his representative shall immediately give notice to 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 of other court documents on receipt thereof; 4.4 The Insured or his representative shall furnish all such information and documentary evidence as the insurer may require for proving the nature, cause and extent of loss damage.5 The insurer may terminate the insurance contract and may not return the premiums paid if the insured falsely claims for indemnity or payment of the insurance benefits for an insured accident that has not occurred. If the applicant or the insured intentionally creates an insured accident, the insurer may terminate the insurance contract, bear no obligation for indemnity or payment of the insurance benefits or returning the premiums paid. If the applicant or the insured , following the occurrence of an insured accident, provides forged and altered relevant evidence, information or other proofs, falsifies the cause of the occurrence of the insured event or overstates the severity of the loss, then the insurer shall bear no obligation for indemnity or payment of the insurance benefits for the portion which is falsified or overstated. The applicant, the insured or the beneficiary shall refund or indemnify the insurer for any payments or expenses which were made or incurred by the insurer due to the commission of any act stipulated in the foregoing three paragraphs of this Article by the applicant, the insured or the beneficiary.V. GENERAL CONDITIONS1. Policy terminationPrior to the commencement of the insurance liability, if the applicant requests the termination of the contract the applicant shall pay 5% of annual premium as handling fee to the insurer and the insurer shall return the premium collected. If the insurer requests the termination of the contract the insurer shall return the entire premium collected without changing any handling fee from the applicant.Subsequent to the commencement of the insurance liability, unless otherwise prescribed in the insurance contract or in Insurance Law of The Peoples Republic of China, this Policy may be terminated at any time at the request of the Applicant in writing or at the option of the insurer by giving a fifteen (15) days prior notice to the Insured. The insurer shall return a premium calculated as follows:a.There happens no insured accident in the period of insurance, Returned Premium = annual premium /365*（365 - the days from inception date to termination date）b.There happens once or more than once insured accident in the period of insurance and insurer has indemnified the claims. Returned Premium = (the aggregate limit- the paid claims amount)/ the aggregate limit* annual premium /365*(365 - the days from inception date to termination date) But maximum returned premium shall not exceed 95% of annual premium if the policy has incepted.2. Reasonable InspectionThe representative of the insurer shall at any suitable time be entitled to attend the site and inspect or examine the risk exposure of the premises stated in the Schedule of this policy. For this purpose, the Insured shall provide full assistance and all details and information required by the insurer 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 Insure