公众责任保险(94版) - 英文条款.doc

公众责任保险（1994版）条款Public Liability Insurance (1994 Version) Clause1. Scope of coverWithin the period of insurance and the scope set forth in the schedule of this insurance policy, if any third party is suffered from bodily injury or death or property loss due to accidents happened during operation of the business of the insured within its business scope, and according to law the insured shall bear the liability for economic indemnity, the insurer shall be liable for such indemnity in accordance with the following clauses. The insurer shall compensate for any legal cost paid by the insured due to the reasons mentioned above, as well as any other expenses of the insured agreed by the insurer in advance in written form. The amount of indemnity for each insured event shall be subject to the amount ought to be compensated by the insured as determined by local court or relevant governmental department according to current laws. However, in no case such amount shall exceed the indemnity limit for each insured event set forth in the schedule of this insurance policy. Within the insurance period, under the clauses of this insurance policy, the maximum indemnity liability for the abovementioned economic indemnity shall not exceed the aggregate limit of indemnity set forth in the schedule of this insurance policy. Definitions:Accident: refers to any sudden event that is unexpected and out of control of the insurer, causing property losses or bodily injury or death.2. ExclusionsThe insurer shall not bear the following liabilities for indemnity:Contractual liabilities that shall be borne by the insured, except for the liability of economic indemnity that shall still be borne by the insured without the contract;Any liabilities for the bodily injury or death or property loss suffered by any person serving the insured; Any liabilities for the loss of the following properties:Properties owned by, under the custody of or controlled by the insured or its representative or employee;Any articles, lands, houses or buildings used and occupied by the insured or its representative or employee for business purpose. Any liabilities for losses or injuries caused by:Livestock, bicycle, vehicle, locomotive, vessel, airplane, elevator, lift, moving staircase, crane, hoister or other lifting devices that is owned by, occupied by the insured or used in the insureds name but not set forth in the schedule of this insurance policy;Fire, earthquake, explosion, flood and smoke;Air, land, water pollution and other pollutions;Defective sanitary installation, poisoning of any kind, or any unclean or harmful food or drink;Medical measures or suggestions made or accepted by the insured. Any liabilities for damages of land, properties, buildings due to quake, movement or weakening of support;Any liabilities due to direct or indirect results of war, act similar to war, act of hostility, armed conflict, terrorist activity, rebellion or coup;Any liabilities due to direct or indirect results of strike, riot, civil turbulence or malicious act;Intentional act or gross negligence of the insured or its representative;Any directly or indirect liabilities due to nuclear fission, nuclear fusion, nuclear weapon, nuclear material, nuclear radiation and radioactive pollution;Penalty, fine or punitive indemnity;The deductible that shall be borne by the insured as agreed in the schedule of the insurance policy and relevant clauses.3. Claims settlementIn case of occurrence of any event or litigation covered under this insurance policy:Unless agreed by the insurer in writing, the insurer shall not be bound by any commitments, offers, agreements, payments or indemnities made by the insured or its representative. If necessary, the insurer shall have the right to take over the debates or claims of any litigation in the name of the insured;The insurer shall have the right to, in the name of the insured, make claims to any liable party for the benefits of the insurer at its own account. Unless agreed by the insurer in writing, the insured shall not accept any payment or indemnity arrangements made by the reliable party for the relevant losses, or waive any right of claim towards such reliable party, otherwise, the so-caused consequence shall be borne by the insured;In the process of the litigation or claim settlement, the insurer shall have the right to handle any litigation or resolve any claims on its own discretion, and the insured shall have the obligation to provide the insurer with all and any necessary materials and assistance;The limitation period of actions of claiming for indemnity by the insured against the insurer is two years since the date when the insured know or should have known the occurrence of the insured event.4. The obligation of the insuredThe insured and its representative shall strictly fulfill the following obligations:If the insurer, prior to the conclusion of an insurance contract, inquire about the subject matter of the insurance or person to be insured, the insurance applicant should make a full and accurate disclosure.The insurer shall have the right to terminate the insurance contract, in the case that the insurance applicant intentionally or gross negligently fails to perform such obligation of making a full and accurate disclosure specified in the preceding paragraph to the extent that it would materially affect the insurers decision whether or not to underwrite the insurance or whether or not to increase the premium rate.The contractual cancellation right under the preceding paragraph shall be extinguished if not exercised for thirty (30) days, commencing on date when the insurer knows the grounds of termination. And the insurer can not cancel the contract, if the contract has been established for more than two years; in case of occurrence of insured event, the insurer shall bear obligation for payment of insurance benefits.If any applicant intentionally fails to perform its obligation of making a full and accurate disclosure, the insurer shall bear no obligation for making any payment of the insurance benefits, or for returning the premiums paid, for the occurrence of the insured event which occurred prior to the termination of the contract.If an applicant gross negligently fails to perform its obligation of making a full and accurate disclosure and this materially affects the occurrence of an insured event, the insurer shall bear no obligation for making any payment of the insurance benefits for any insured event occurring before the termination of the contract, but may return the premiums paid.If the insurer has known the information that the insured fails to make a full and accurate disclosure, the insurer can not terminate the contract; in case of occurrence of the insured event, the insurer shall bear the obligation for payment of the insurance benefits.The insured or its representative should pay the premium on time in accordance with the agreement specified in the schedule of the insurance policy and the endorsement;The insured shall engage reliable, serious and qualified staff and make shall all its buildings, roads, plants, machines, fitments and other devices are in good condition and available for use. Moreover, the insured shall be subject to any laws and regulations issued by local government, immediately repair any found defects, and take provisional preventive measures to avoid happening of the insured event;In case of occurrence of any event covered under this insurance policy, the insured or its representative shall:Inform the insurer in time and report the course, cause and degree of damage in written form within seven days or within a term prolonged agreed by the insurer in writing;Not change or repair its buildings, roads, plants, machines, fitments and other devices unless inspected and agreed by the insurer;Inform the insurer in writing when any litigation is expected and delivery the court summons or other legal documents to the insurer immediately upon receipt of the same;Provide all evidences, materials and bills as the basis for claims. 5. General provisions(1) Policy cancellationThis policy may be canceled at any time at the request of the insurance applicant in writing or at the option of the insurer by giving a fifteen (15) days prior notice to the insured. In the former case the insurer shall retain a premium 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 pro rata daily basis. (2) Claim fraudThe insurer shall have the right to cancel the insurance contract and refuse to return the premiums paid, if the insured claims that an insured event that doesnt exist has occurred and submits a claim for payment of the insurance benefits.If the insurance applicant or the insured intentionally causes the occurrence of an insured event, the insurer shall have the right to cancel the insurance contract, bear no obligation for indemnity or payment of the insurance benefits and decline to return the premiums paid.If the insurance applicant or the insured, following the occurrence of an insured event, provides forged and altered relevant evidence, information or other proofs, falsifies the cause of the occurrence of the insured event or overstates the extent of the loss, the insurer shall bear no obligation for indemnity or payment of the insurance benefits for the portion which is falsified or overstated.The insurance applicant or the insured 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 insurance applicant or the insured.(3) Reasonable inspectionThe insured shall observe all the laws, rules and regulations prescribed by the public security and fire departments of the State with respect to fire prevention, safety, production, operations, labor protection, and use of the special equipment, enhance the management, and take reasonable predictive measures to avoid or reduce the occurrence of the insured event. The representative of the insurer shall at any suitable time be entitled to attend the site and inspect or examine the risk exposure of the property insured. 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 insured by the insurer. The insurance applicant and the insured shall seriously implement any written suggestions provided by the insurer to eliminate risks and latent problems.In the event that the insurance applicant or the insured fails to abide by the foregoing agreements and due to which the insured event has occurred, the insurer shall bear no obligation for indemnity; the insurer is not liable for indemnity for any expanding losses due to the insurance applicant or the insureds breach of the foregoing agreements. (4) Duplicated insuranceShould any loss, damage, expenses or liability recoverable under the policy be also covered by any other insurance, the insurer shall only be liable to pay or contribute its 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.(5) SubrogationIn the event that the losses within the insurance liability shall be indemnified by related responsible party, the insurer may from the date when the insurer pay indemnity of insurance compensation to the insured, within the scope of indemnity, subrogate the insureds right against related responsible party for compensation, and the insured should provide the insurer with necessary documents and knowing information.If the insured has already obtained insurance compensation from the responsible