公众责任保险条款英文

1、China Pacific Property Insurance Co., Ltd. Public Liability InsuranceChina Pacific Property Insurance Co., Ltd.Public Liability Insurance ClausesGeneral ProvisionsProvision I This Insurance Contract (hereinafter referred to as “Contract”) consists of Insurance Clauses, Insurance Application, Insuran

2、ce Policy or other Certificates of Insurance as well as such other insurance application documents, statements, comments, affixed endorsements or other written documents  as related hereto. Any and all such arrangements as involved hereunder shall be made in writing.Provision II Any and all gov

3、ernmental agencies, enterprise and public institutions, social groups, individual economic organizations and other legally established organizations within the territory of the Peoples Republic of China (exclusive of HKSAR, Macao SAR and Taiwan, the same applies below) are deemed to be qualified eno

4、ugh to be the Insured hereunder.Insurance coverageProvision III During the insurance period and within such scope of areas as specified herein, in case of any incident as a result of the Insureds negligence during the course of its running any business activities or its own business, which incident

5、has caused third-party personal injuries and/or property damages and the sufferer(s) raises/raise claims the first time ever during the insurance period, the Insurer shall undertake to pay the indemnifications hereunder against any such indemnification liability as to be borne by the Insured in acco

6、rdance with the laws of the Peoples Republic of China (exclusive the laws of HKSAR, Macao SAR and Taiwan, the same applies below).Provision IV In the event of any insured accident, as a result of which either arbitration or litigation has been raised against the Insured, the Insurer shall also take

7、such liability as to make indemnifications hereunder against any such arbitration or litigation expenses as imposed on the Insured as well as those other necessary and reasonable fees (hereinafter referred to as “Legal Fees”), which shall be paid by the Insurer as per the prior written consent.Exclu

8、sionsProvision V In the case of any of the following circumstances, the Insurer shall not undertake to pay any indemnification:(I) Such animals, bicycles, cars, locomotives, vessels of any kind, aircrafts, lifts, elevators, escalators, cranes, hoists or other lifting machinery which belong to or are

9、 in the possession of  the Insured or used in its name, but not specified in the Schedule of this Insurance Policy. (II) Such products, goods and commodities as sold, marketed and/or granted for free by either the Insured or any of its employees and representatives;(III) Defective sanitary

10、 installations or poisoning of any kind or any unclean or harmful food or drink;(IV) Any claims arising from the engagement of the Insured or any of its employees in such performances as a doctor, attorney-at-law or accountant etc., which are categorized as of the special professions by nature.(V) T

11、he engagement of the Insured in any construction, installation and/or decoration projects.Provision VI The Insurer shall not undertake to pay any indemnification for any claims against such losses and damages as a result of:(I) Any such willful or grave misconducts, criminal activities or gross negl

12、igence as committed by the Insured or any of its employees and/or representatives;(II) Wars, hostile actions, military actions, armed conflicts, terrorism activities, strikes, riots and/or civil disturbances;(III) Administrative and/or judicial acts;(IV) Natural disasters;(V) Fire, explosion, fumes;

13、(VI) Nuclear reaction, nuclear radiation, nuclear explosion and/or other radioactive contaminations;(VII) Air/land/water pollutions and other non-radioactive contaminations; (VIII) Any engagement of the Insured, any of its employees or any other person in the Insureds name in such relevant work as a

14、ppearing to be outside the acknowledged business and/or obligatory scopes.(IX)Any access to and/or use of the asbestos, asbestos products and/or other substances containing asbestos.Provision VII The Insurer shall not undertake to pay any indemnification for any claims against such losses and damage

15、s as a result of:(I)The personal injuries of the Insured or any of its employees and/or representatives;(II) Damage/loss of the property which belong to or are in the charge of or under the control of the Insured or any of its employees and/or representatives;(III) Damage/loss of any articles or lan

16、d or premises or other buildings which have been using or occupying by the Insured or any of its employees and/or representatives upon the requirements of business operation or performance of obligations; (IV) The personal injuries and property damages of any person who provide service to

17、the Insured.(V) Any such personal injuries and property damages as suffered by the client as a result of any engagement of the Insured or any of its employees and/or representatives in such assignments as processing, repairing, modifications or alternatively as a contractor;(VI) Fines, penalties or

18、punitive damages;(VII)Any such indemnification liability that should be borne by the Insured in accordance with the contract or agreement (exclusive of the indemnification liability that should be borne by the Insured even without such contract or agreement);(VIII) The deductibles stipulated in the

19、Insurance Policy to be borne by the Insured.Provision VIII The Insurer shall not undertake to pay any indemnification in case of any and all such other losses, damages, costs and expenses as uncovered by the insurance liability.Period of InsuranceProvision IX The insurance period of this contract is

20、 one year from 0:00 of the starting date of insurance liability to 24:00 of the expiry date of insurance liability as specified in the Insurance Policy.Limits of Indemnity and DeductiblesProvision X The Limits of Indemnity hereunder include Limit of Indemnity for Any One Accident and Accumulated Lim

21、it of Indemnity of the Insurance Policy. In addition, the Limits of Indemnity can be calculated according to other specific method as agreed. Each Limit of Indemnity shall be decided upon agreement between the Applicant and the Insurer and specified in the Insurance Policy.Provision XI Deductib

22、le for Any One Accident shall be decided upon agreement between the Insured and the Insurer and specified in the Insurance Policy.Obligations of the InsurerProvision XII The Insurer shall issue insurance policy or other certificates of insurance to the Insured in a timely manner upon the e

23、xecution of this contract.Provision XIII The Insurer shall make verifications in a timely manner upon receipt of the Insureds claims. Further verifications may be taken by the Insurer as reasonably necessary to deal with the complicated situations. And such various ways of making compensations as se

24、t forth when applying for the insurance shall be performed by the Insurer seriously.The Insurer shall keep the Insured informed of the verification result, with the compensation obligation to be fulfilled within either ten days following the conclusion of an insurance compensation agreement with the

25、 insured or such an alternative compensation period as set forth in the Contract.Provision XIV The Insurer shall have the Applicant and the Insured notified collectively and in a timely manner as of any missing and/or incomplete claim evidences and materials, which should have been submitted by the

26、Insured hereunder.Provision XV The Insurer shall pay in advance the amount that can be determined by the existing evidences or materials if the compensation amount cannot be determined within 60 days upon the date of receiving the notice of claim and related evidences and materials. The differences

27、shall be made up for after the Insurer finally determines the compensation amount.Obligations of the Applicant and the InsuredProvision XVI Upon establishment hereof, the Applicant shall be obliged to providing the faithful data when completing the Insurance Application and clarifying such relevant

28、inquiries as raised by the Insurer.If the Applicant conceals facts deliberately or fails to perform the duty of disclosure due to gross negligence that would be enough to affect the Insurer from making the decision of whether or not to agree to accept the insurance or to raise the premium rate,

29、 the Insurer has the right to terminate the contract.If the Applicant deliberately refuses to perform the duty of disclosure, the Insurer shall not undertake to pay indemnity or insurance money for insured accident that occurs before the contract is terminated and shall not return the insurance prem

30、ium.If the Applicant fails to perform the duty of disclosure due to gross negligence, thereby seriously affecting the occurrence of insured accident, the Insurer shall not undertake to pay indemnity or insurance money for the insured accident that occurs before the contract is terminated but shall r

31、eturn the insurance premium. The Insurer shall not cancel this Contract if its been aware, upon establishment hereof, of any such conditions as not having been faithfully disclosed by the Applicant; in the event of any insured accident, the Insurer shall undertake to pay either indemnity or insuranc

32、e money.Provision XVII The Applicant shall pay the insurance premium according to the contract. The Applicant shall pay in a lump sum before the contract takes effect if the contract provides for lump-sum premium or there is no stipulation about the method and time of payment, and shall pay the firs

33、t installment in time if the contract provides for regular premium. The Insurer shall not be liable for any insurance liability until the premium is made as required by this paragraph.In failure of the Applicant to either pay the premium in time or in full, or pay the second installment of premiums

34、or any installment thereafter, the Insurer shall, starting from the date of such default, be entitled to terminate this Contract and further to charge back both such accumulated premium plus interest as of such period for which the Insurer has undertaken the insurance liability, with this Contract t

35、o be cancelled upon notice of cancellation to the Applicant, provided, however, the Insurer shall undertake the insurance liability for any such insured accident as having occurred prior to the cancellation hereof pro rata as per the percentage of the paid premium in the total amount of premium spec

36、ified in the Insurance Policy.Provision XVIII Within the Term of this contract, the Insured shall notify the Insurer of any increased level of danger of the insurance subject in writing timely, and the Insurer shall have the right to either charge higher premium or cancel this Contract depending on

37、the specific situation.The Insurer shall not undertake to pay any indemnification in case of any such insured accident as incurred by the failure of the Insured to give any notice and apparently increased level of danger.Provision XIX The Insured shall prevent any such incidents from taking place by

38、 remaining in strict conformity with the safety administrative regulations as of both the State and industrial levels and shall seriously implement such demands and proposals raised by the competent administrative authorities or the Insurer against potential dangers and incidents.If the Insured fail

39、s to fulfill the above obligation, the Insurer shall have the right to either charge higher premium or cancel this Contract. The Insurer shall be entitled to refuse to make any indemnification in the event of any insured accident hence incurred. The Insurer shall be further entitled to refuse to mak

40、e any indemnification for any such expanded part of the indemnification liability hence incurred.Provision XX Upon receipt of a claim notice from a third party, the Insured shall：(I) Try to take necessary and reasonable measures to prevent and mitigate the losses. Otherwise, the Insurer shall not un

41、dertake to pay any indemnification for the expanded losses hence incurred;(II) Notify the Insurer in no delay and make available such written statements as to clarify the cause(s) of the accident, what has happened and the losses hence incurred. The Insurer shall not undertake to pay any indemnifica

42、tion for any such undeterminable part of the insured accident as of which the nature, causes and losses etc. can hardly be determined due to either willful reluctance or failure of the Insured to give such notice in a timely manner though in absence of any material misconduct, unless, however, the I

43、nsurer has otherwise promptly known, or shall have promptly known, of the occurrence of such insured accident;(III) Keep the accident scene or relevant records under proper protection and allow the Insurer to conduct investigations and provide assistance. The Insurer shall not undertake to pay any i

44、ndemnification for any such undeterminable or unverifiable part of the insured accident as of which the causes can hardly be determined and the losses can hardly be verified due to such fact as that the Insurer is either not allowed to conduct, or prevented from conducting, any investigation.Provisi

45、on XXI The Insured shall, upon learning of any such litigation or arbitration as to probably occur, keep the Insurer forthwith notified thereof in writing. Upon receipt of any summons or other legal documents as served by a court, the Insured shall have the copies thereof submitted to the Insurer. T

46、he Insurer shall have the right to deal with such issues as related to the litigation or arbitration in the name of the Insured, in which case the Insured shall furnish the relevant documents and assistance as necessary.The Insurer shall not undertake to pay any indemnification in case of any such l

47、osses and damages as expanded due to failure of the Insured to furnish the above-mentioned notice or other necessary assistance.Provision XXII In the event of any insured accident, without the Insurers written consent, no such commitment, rejection, offer, arrangement, payment settlement and/or comp

48、ensation etc. as made by the Insured to the victim and any other person acting on his/her behalf shall have any binding force on the Insurer. The Insurer shall have the right to re-verify any such amount of indemnity as acknowledged or paid by the Insured at its sole discretion. And the Insurer shal

49、l not undertake to pay any indemnification for any claim either outside the scope of insurance hereunder or exceeding the Limits of Indemnity hereunder. The Insurer shall, during the course of handling claims, have the right to deal at its sole discretion with any such claiming cases that are subjec

50、t to its ultimate insurance liability, in which case the Insured shall be obliged to furnish the necessary data and assistance.Provision XXIII The Insured shall furnish in a timely manner any and all claim-relevant data and certificates to the Insurer and shall ensure that they are complete and trut

51、hful. The Insurer shall not undertake to pay any indemnification for any such undeterminable part of the insured accident as of which the insurance liability in whole or in part can hardly be determined due to failure of the Insured to fulfill the above obligation.Provision XXIV When making a claim,

52、 the Insured shall notify the Insurer of any other insurance contract related with the insurance liability under this Contract. For the overpaid insurance proceeds due to failure of the Insured to make faithful disclosures, the Insurer shall have the right to charge back such amount which shall be b

53、orne by the Insurer of other insurance contract.Claim Handling Provision XXV When making a claim, the Insured shall provide the documents as follows:(I)Original Insurance Policy and Certificate of premium collection;(II)Claim Application；(III)Claim-relevant data as made available by such third-party

54、 or any other person acting on his/her behalf to the insured；(IV)Proof of accident provided by relevant department;(V) In case of any third-party personal injuries, the medical expense receipt, certificate of diagnosis  and medical record, which have been issued by such medical institution

55、 as of second-class and up or recognized by the Insurer, shall be furnished in original; in case of any third-party injuries and/or disabilities, a certificate of disability degree , which has been issued by such medical institution as qualified in terms of disability evaluation in conformity with t

56、he applicable laws and legal regulations, shall be furnished in addition; in case of a third-party decease, a certificate of death, which has been issued by either the public security organ or medical institution, shall be furnished in addition.(VI) In case of any third-party property losses, an ite

57、mized list of property losses and expenses shall be furnished;(VII) The validated legal documents, including the award, court decisions, judgments and mediations etc.(VIII) Other necessary certificates and documents related with the claim provided by the Applicant or the Insured that can be used to

58、identify the nature, cause and seriousness of the loss.Provision XXVI Indemnity made by the Insurer for any insured accident shall be subject to the economic compensation liability of the Insured decided by one of following ways:(I) Negotiation between the Insured and the third party or other claima

59、nts with consent of the Insurer;(II) Final award of arbitration agency;(III) Final judgment of the peoples court;(IV) Other settlement approved by the Insurer.After the economic compensation liability is decided by one of above-mentioned ways, the actual amount to be indemnified by the Insurer for any one accident shall minus the Deductible for Any One Accident as set forth in the insurance policy, and the total amount to be indem