4-1 & 4-2 水險 - tmnewa.com.tw€¦ · 商品名稱:institute theft, pilferage and...
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4-1 & 4-2 水險
商品名稱:新安東京海上產物海運承攬運送人責任保險 .......................................15
商品名稱:FREIGHT FORWARDER’S LIABILITY INSURANCE ...............16
商品名稱:FREIGHT FORWARDER LIABILITY INSURANCE - SART
VERSION ................................................................................................21
商品名稱:新安東京海上產物遊艇意外責任保險...................................................26
商品名稱:新安東京海上產物娛樂漁業漁船意外責任保險 ...................................27
商品名稱:新安東京海上產物漁業漁船船員雇主意外責任保險 ...........................27
商品名稱:新安東京海上產物陸上貨物運送保險 ...................................................28
商品名稱:新安東京海上產物陸上貨物運送保險乙式附加條款...........................29
商品名稱:新安東京海上產物陸上貨物運送保險地震附加條款...........................30
商品名稱:新安東京海上產物陸上貨物運送保險竊盜附加條款(適用於運輸途
中) ............................................................................................................30
商品名稱:新安東京海上產物陸上貨物運送保險竊盜附加條款(適用於暫存期
間) ............................................................................................................30
商品名稱:INSTITUTE CARGO CLAUSES (A) ....................................................31
商品名稱:TOKIO MARINE NEWA INSURANCE INSTITUTE CARGO
CLAUSES (B) .........................................................................................32
商品名稱:INSTITUTE CARGO CLAUSES (C) ....................................................34
商品名稱:INSTITUTE CARGO CLAUSES (AIR) (EXCLUDING SENDINGS
BY POST) ................................................................................................36
商品名稱: INSTITUTE CARGO CLAUSE (A) 1/1/2009 ....................................37
商品名稱:INSTITUTE CARGO CLAUSE (B) 1/1/2009 ......................................39
商品名稱: INSTITUTE CARGO CLAUSE (C) 1/1/2009 ....................................41
商品名稱:INSTITUTE CARGO CLAUSE (AIR) (EXCLUDING SENDINGS BY
POST) 1/1/2009 .......................................................................................43
商品名稱:50/50 CLAUSE .........................................................................................44
商品名稱:ACCUMULATION CLAUSE – A VERSION WORDING .....................45
商品名稱:ACCUMULATION CLAUSE– B VERSION WORDING ......................45
商品名稱:ACCUMULATION CLAUSE– C VERSION WORDING ......................45
商品名稱:ADJUSTED CLAIM CLAUSE-XX DAYS ..............................................46
商品名稱:AIRFREIGHT REPLACEMENT CLAUSE ............................................46
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商品名稱:BRANDS OR TRADEMARKS CLAUSE ...............................................46
商品名稱:BUYER’S INTEREST CLAUSE ..............................................................47
商品名稱:BUYER’S SELLER’S CONTINGENCY CLAUSE .................................48
商品名稱:CARE, CUSTODY AND CONTROL CLAUSE .....................................49
商品名稱:CARGO ISM ENDORSEMENT ..............................................................49
商品名稱:CUTTING CLAUSE ................................................................................50
商品名稱:DEFERRED UNPACKING CLAUSE ......................................................50
商品名稱:DUTY CLAUSE .......................................................................................51
商品名稱:EXCLUDING RUST, OXIDIZATION, DISCOLORATION AND
WATER DAMAGE RISK CLAUSE .......................................................51
商品名稱:EXHIBITION CLAUSE ...........................................................................52
商品名稱:EXTENDED TO COVER INSTALLATION RISKS CLAUSE ..............53
商品名稱:F.O.B. ENDORSEMENT ..........................................................................53
商品名稱:FRESH WATER CLAUSE .......................................................................54
商品名稱:FROZEN MEAT CLAUSES (A) – 24 HOURS BREAKDOWN(NOT
SUITABLE FOR CHILLED, COOLED OR FRESH MEAT) ................54
商品名稱:HIGHWAY TRANSPORTATION CLAUSE ............................................56
商品名稱:HIGHWAY TRANSPORTATION CLAUSE (ALL RISKS) ....................57
商品名稱:IMPORTANT CLAUSE ...........................................................................58
商品名稱:INSTITUTE FROZEN FOOD CLAUSES(C)(EXCLUDING
FROZEN MEAT) .....................................................................................58
商品名稱:INSTITUTE CARGO CLAUSE (ALL RISKS) .......................................60
商品名稱:INSTITUTE CARGO CLAUSE (F.P.A.) .................................................64
商品名稱:INSTITUTE CARGO CLAUSE (W.A.)...................................................67
商品名稱:INSTITUTE CLASSIFICATION CLAUSE.............................................71
商品名稱:INSTITUTE DANGEROUS DRUG CLAUSE........................................72
商品名稱:INSTITUTE FOSFA TRADES CLAUSES ( C )......................................73
商品名稱:INSTITUTE FROZEN FOOD CLAUSES (A)(EXCLUDING FROZEN
MEAT) .....................................................................................................73
商品名稱:INSTITUTE FROZEN MEAT CLAUSES (C)– 24 HOURS
BREAKDOWN........................................................................................75
商品名稱:INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION
CLAUSE ..................................................................................................78
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商品名稱:INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL,
BIOLOGICAL, BIO-CHEMICAL AND ELECTROMAGNETIC
WEAPONS EXCLUSION CLAUSE ......................................................78
商品名稱:INSTITUTE STRIKES CLAUSES (AIR CARGO) ................................79
商品名稱:INSTITUTE STRIKES CLAUSES (CARGO) ........................................80
商品名稱:INSTITUTE STRIKES CLSUSES (FOSFA TRADES) ...........................81
商品名稱:INSTITUTE THEFT, PILFERAGE AND NON-DELIVERY CLAUSE ..82
商品名稱:INSTITUTE WAR CANCELLATION CLAUSE (CARGO) ...................82
商品名稱:INSTITUTE WAR CLSUSES (FOSFA TRADES ) .................................82
商品名稱:INSTITUTE WAR CLAUSES (AIR CARGO) (EXCLUDING
SENDINGS BY POST) ...........................................................................83
商品名稱:INSTITUTE WAR CLAUSES (CARGO) ................................................83
商品名稱:INSTITUTE WAR CLAUSES(SENDINGS BY POST) ..........................84
商品名稱:JETTY CLAUSE ......................................................................................85
商品名稱:LABEL CLAUSE .....................................................................................85
商品名稱:LIVESTOCK & POULTRY INSURANCE CLAUSE .............................86
商品名稱:MALICIOUS DAMAGE CLAUSE ..........................................................86
商品名稱:ON DECK SHIPMENT CLAUSE ............................................................86
商品名稱:OPEN-YARD STORAGE CLAUSE ........................................................87
商品名稱:PAIR & SET CLAUSE .............................................................................87
商品名稱:PARCEL POST INSURANCE -ALL RISKS ...........................................87
商品名稱:POSSESSION AND CONTROL CLAUSE .............................................88
商品名稱:RETURNED SHIPMENT CLAUSE ........................................................89
商品名稱:SELLERS INTEREST CONTINGENCY CLAUSE .................................89
商品名稱:SMALL CLAIMS CLAUSE ....................................................................90
商品名稱:SPECIAL CLAUSE FOR CHEMICAL IN BULK (IOP) ........................90
商品名稱:SPECIAL CLAUSE FOR CHEMICAL IN BULK(EXCESS) .................91
商品名稱:SPECIAL CLAUSE FOR COMPUTER SOFTWARE ............................92
商品名稱:SPECIAL CLAUSE FOR FISHING PRODUCTS ..................................93
商品名稱:SPECIAL CLAUSES (C) FOR AIR CARGO ..........................................93
商品名稱:SPECIAL WARRANTY FOR STEEL CARGO IN BULK .......................95
商品名稱:SPECIAL WARRANTY FOR STEEL PRODUCTS (B) .........................95
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商品名稱:SUBROGATION CLAUSE ......................................................................96
商品名稱:SURVEY WARRANTY CLAUSE ...........................................................97
商品名稱:WAIVE SUBROGATION RIGHTS CLAUSE ........................................97
商品名稱:WAREHOUSE TO WAREHOUSE CLAUSE..........................................98
商品名稱:INSTITUTE REPLACEMENT CLAUSE (APPLYING TO
MACHINERY) ........................................................................................98
商品名稱:DEBRIS REMOVAL CLAUSE– A VERSION WORDING ....................99
商品名稱:DEBRIS REMOVAL CLAUSE– B VERSION WORDING ....................99
商品名稱:DEBRIS REMOVAL CLAUSE– C VERSION WORDING ....................99
商品名稱:OTHER INSURANCE ...........................................................................100
商品名稱:LETTER OF CREDIT CLAUSE ............................................................100
商品名稱:INSTITUTE COAL CLAUSES ..............................................................101
商品名稱:INSTITUTE BULK OIL CLAUSES 1/2/83 ...........................................102
商品名稱:INSTITUTE BULK OIL CLAUSES 1/2/83(DELETE 1.2.3 & 1.2.4) ...103
商品名稱: CANCELLATION CLAUSE................................................................105
商品名稱:SANCTION LIMITATION AND EXCLUSION CLAUSE ...................105
商品名稱:TOKIO MARINE NEWA INSURANCE WARRANTY FOR
REFRIGERATED CARGO ...................................................................106
商品名稱:TOKIO MARINE NEWA INSURANCE OTHER INSURANCE
CLAUSE (1) ..........................................................................................106
商品名稱:TOKIO MARINE NEWA INSURANCE TRUCK RISK CLAUSE ......107
商品名稱:新安東京海上產物貨物運送人責任保險.............................................107
商品名稱:新安東京海上產物貨物運送人責任保險平板拖車附加條款(甲式) ..108
商品名稱:新安東京海上產物貨物運送人責任保險平板拖車附加條款(乙式) ..108
商品名稱:新安東京海上產物貨物運送人責任保險冷凍/冷藏附加條款 ...........108
商品名稱:新安東京海上產物貨物運送人責任保險汽車專用拖車附加條款(乙
式) ..........................................................................................................109
商品名稱:新安東京海上產物貨物運送人責任保險非貨櫃車附加條款(甲式) ..109
商品名稱:新安東京海上產物貨物運送人責任保險非貨櫃車附加條款(乙式) ..109
商品名稱:新安東京海上產物貨物運送人責任保險貨櫃車附加條款(甲式) ...... 110
商品名稱:新安東京海上產物貨物運送人責任保險貨櫃車附加條款(乙式) ...... 110
商品名稱:INSTITUTE TIME CLAUSES – HULLS TOTAL LOSS ONLY
(INCLUDING SALVAGE, SALVAGE CHARGES AND SUE AND
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LABOUR) .............................................................................................. 111
商品名稱:INSTITUTE TIME CLAUSES–HULLS(BUT FREE OF ANY CLAIM
IN RESPECT OF PARTICULAR AVERAGE OF DAMAGE TO THE
VESSEL UNLESS CAUSED BY FIRE, LIGHTING, EXPLOSION,
SINKING, GROUNDING, STRANDING OR DAMAGE
RESULTING FROM COLLISION WITH ANY SHIP OR VESSEL
OR CONTACT WITH ANY FLOATING OBJECTS.) ......................... 117
商品名稱:INTERNATIONAL GAS SAFETY WARRANTY (APRIL, 1980) .......129
商品名稱:LOSS OF CHARTER HIRE INSURANCE INCLUDING WAR(ABS
1/10/83 WORDING) ..............................................................................129
商品名稱:BERING SEA TRANSIT CLAUSE .....................................................132
商品名稱:ELECTRONIC DATE RECOGNITION ENDORSEMENT FOR
MARINE HULL 11/08/98 .....................................................................133
商品名稱:INSTITUTE NOTICE OF CANCELLATION, AUTOMATIC
TERMINATION OF COVER AND WAR AND NUCLEAR
EXCLUSIONS CLAUSE – HULLS, ETC. ...........................................134
商品名稱:MARINE TERMINAL OPERATOR’S LIABILITY INSURANCE
STEVEDORES LEGAL LIABILITY/PREMISES LIABILITY ..........136
商品名稱:PILOT NON-LIABILITY CLAUSE ......................................................143
商品名稱:AFFILIATED COMPANIES CLAUSE..................................................143
商品名稱:BLOCKING AND TRAPPING CLAUSE (HULL) ...............................144
商品名稱:BLOCKING AND TRAPPING CLAUSE (WAR) .................................145
商品名稱:CLAIM CONTROL CLAUSE ...............................................................145
商品名稱:CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
EXCLUSION CLAUSE ........................................................................146
商品名稱:DEFERRED PREMIUMS CLAUSE .....................................................146
商品名稱:GENERAL AVERAGE ABSORPTION CLAUSE ................................147
商品名稱:INSTITUTE ADDITIONAL PERILS CLAUSES - HULL ...............147
商品名稱:INSTITUTE CLAUSES FOR BUILDERS’ RISKS ...............................148
商品名稱:INSTITUTE MORTGAGEES INTEREST CLAUSES – HULLS ........159
商品名稱:INSTITUTE PROTECTION AND INDEMNITY WAR AND STRIKES
CLAUSES HULL - TIME ................................................................163
商品名稱:INSTITUTE TIME CLAUSES – HULLS DISBURSEMENTS AND
INCREASED VALUE ...........................................................................164
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商品名稱:INSTITUTE TIME CLAUSES HULLS .................................................169
商品名稱:INSTITUTE TIME CLAUSES HULLS ..................................................179
商品名稱:INSTITUTE TIME CLAUSES HULLS PORT RISKS INCLUDING
LIMITED NAVIGATION ......................................................................190
商品名稱:INSTITUTE TIME CLAUSES-HULLS TOTAL LOSS, GA AND 3/4
RDC. (INCLUDING SALVAGE,S/C,S/L) 1/10/83 ...............................202
商品名稱:INSTITUTE WAR AND STRIKES CLAUSES-HULL - TIME .......203
商品名稱:INSTITUTE WARRANTIES .................................................................204
商品名稱:LEASED EQUIPMENT CLAUSE .........................................................205
商品名稱:LONDON BLOCKING AND TRAPPING ADDENDUM (FOR USE
WITH THE INSTITUTE WAR AND STRIKES CLAUSES – HULLS
1/10/83) ..................................................................................................205
商品名稱:LOSS PAYABLE CLAUSE .....................................................................206
商品名稱:MISSING VESSEL CLAUSE ................................................................207
商品名稱:NAVIGATION LIMITATIONS FOR HULL WAR, STRIKES,
TERRORISM AND RELATED PERILS ENDORSEMENT
(JW2005/001A)......................................................................................207
商品名稱:PART(S) REMOVED CLAUSE .............................................................208
商品名稱:RADIO AND AIDS TO NAVIGATION CLAUSE ................................208
商品名稱:SMALL G.A. CLAUSE ..........................................................................209
商品名稱:新安東京海上產物漁船船舶保險 .........................................................209
商品名稱:新安東京海上產物商業動產流動綜合保險.........................................210
商品名稱:新安東京海上產物商業動產流動綜合保險在被保險人照顧、監管及
控制下之財產附加條款........................................................................ 211
商品名稱:新安東京海上產物商業動產流動綜合保險竊盜附加條款(適用於儲
存期間) ..................................................................................................212
商品名稱:新安東京海上產物商業動產流動綜合保險竊盜附加條款(適用於運
輸途中) ..................................................................................................213
商品名稱:新安東京海上產物商業動產流動綜合保險竊盜附加條款.................213
商品名稱:新安東京海上產物商業動產流動綜合保險保險費延緩交付附加條款
................................................................................................................213
商品名稱:新安東京海上產物商業動產流動綜合保險殘餘物清除附加條款.....213
商品名稱:新安東京海上產物商業動產流動綜合保險地震附加條款(甲式).214
商品名稱:新安東京海上產物商業動產流動綜合保險消防費用附加條款.........214
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商品名稱:新安東京海上產物商業動產流動綜合保險電氣設備附加條款.........214
商品名稱:新安東京海上產物商業動產流動綜合保險錯誤遺漏附加條款 ...........215
商品名稱: 新安東京海上產物商業動產流動綜合保險爆炸附加條款 .................215
商品名稱: 新安東京海上產物商業動產流動綜合保險地震附加條款(乙式) .215
商品名稱: 新安東京海上產物商業動產流動綜合保險額外費用附加條款 .........215
商品名稱: 新安東京海上產物商業動產流動綜合保險實損實賠附加條款 .........216
商品名稱: 新安東京海上產物商業動產流動綜合保險冷藏貨物除外不保附加
條款........................................................................................................216
商品名稱: 新安東京海上產物商業動產流動綜合保險陸上貨物運送附加條款
(甲式) .....................................................................................................216
商品名稱: 新安東京海上產物商業動產流動綜合保險陸上貨物運送附加條款
(乙式)................................................................................................217
商品名稱: 新安東京海上產物商業動產流動綜合保險裝卸安全附加條款 .........217
商品名稱: 新安東京海上產物商業動產流動綜合保險預付賠款附加條款 .........217
商品名稱: 新安東京海上產物商業動產流動綜合保險專業費用附加條款 .........218
商品名稱: 新安東京海上產物商業動產流動綜合保險專業費用附加條款 .........218
商品名稱:新安東京海上產物商業動產流動綜合保險自動消防裝置滲漏附加條
款............................................................................................................218
商品名稱:新安東京海上產物商業動產流動綜合保險煙燻附加條款.................219
商品名稱:新安東京海上產物商業動產流動綜合保險罷工、暴動、民眾騷擾及
惡意破壞行為附加條款........................................................................219
商品名稱:新安東京海上產物商業動產流動綜合保險保全附加條款.................219
商品名稱:新安東京海上產物商業動產流動綜合保險颱風及洪水附加條款.....220
商品名稱:新安東京海上產物商業動產流動綜合保險車輛裝載物附加條款.....220
商品名稱:新安東京海上產物商業動產流動綜合保險水漬附加條款.................220
商品名稱:新安東京海上產物商業動產流動綜合保險恐怖主義除外不保附加條
款(A) ......................................................................................................220
商品名稱:新安東京海上產物商業動產流動綜合保險 72 小時附加條款(天災適
用) ..........................................................................................................221
商品名稱:新安東京海上產物商業動產流動綜合保險拋棄代位求償權附加條款
................................................................................................................221
商品名稱:新安東京海上產物商業動產流動綜合保險保險費預收附加條款.....221
商品名稱:新安東京海上產物商業動產流動綜合保險特別承保附加條款
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(TMNEWA INSURANCE SPECIAL INCLUSION) .......................222
商品名稱:新安東京海上產物商業動產流動綜合保險特別除外不保附加條款
(TMNEWA INSURANCE SPECIAL EXCLUSION) ...........................222
商品名稱:新安東京海上產物商業動產流動綜合保險理賠推定全損特別約定附
加條款....................................................................................................222
商品名稱:新安東京海上產物商業動產流動綜合保險貨物內陸運輸附加條款.223
商品名稱:新安東京海上產物商業動產流動綜合保險殘餘物清除附加條款(A
式)(DEBRIS REMOVAL CLAUSE) .....................................................223
商品名稱:新安東京海上產物商業動產流動綜合保險罷工、暴動、民眾騷擾、
惡意破壞行為附加條款(A 式) .............................................................223
商品名稱:新安東京海上產物商業動產流動綜合保險竊盜附加條款(A 式) ......224
商品名稱:新安東京海上產物商業動產流動綜合保險電腦系統年序轉換除外不
保附加條款(A 式) .................................................................................224
商品名稱:新安東京海上產物商業動產流動綜合保險電腦病毒駭客風險除外不
保附加條款(A 式) .................................................................................224
商品名稱:新安東京海上產物商業動產流動綜合保險單獨污損擦損除外不保附
加條款....................................................................................................225
商品名稱:新安東京海上產物商業動產流動綜合保險管球類單獨損害除外不保
附加條款................................................................................................225
商品名稱:新安東京海上產物商業動產流動綜合保險冷凍冷藏物附加條款.....225
商品名稱:新安東京海上產物商業動產流動綜合保險電氣性機械性事故附加條
款............................................................................................................226
商品名稱:新安東京海上產物商業動產流動綜合保險修理、拆卸、定位及組裝
等危險附加條款....................................................................................226
商品名稱:新安東京海上產物商業動產流動綜合保險未送達危險附加條款.....226
商品名稱:新安東京海上產物商業動產流動綜合保險修理額外費用附加條款.227
商品名稱:新安東京海上產物商業動產流動綜合保險空運費附加條款.............227
商品名稱:新安東京海上產物商業動產流動綜合保險商品及庫存品附加條款.228
商品名稱:新安東京海上產物商業動產流動綜合保險商品及庫存品保險費結算
附加條款................................................................................................229
商品名稱:新安東京海上產物商業動產流動綜合保險寄託或寄售財物附加條款
................................................................................................................229
商品名稱:新安東京海上產物商業動產流動綜合保險保險標的物敘述附加條款
................................................................................................................229
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商品名稱:新安東京海上產物商業動產流動綜合保險建築物外部設備附加條款
................................................................................................................230
商品名稱:新安東京海上產物商業動產流動綜合保險擴大承保處所附加條款.230
商品名稱:新安東京海上產物商業動產流動綜合保險暫時外移附加條款.........231
商品名稱:新安東京海上產物商業動產流動綜合保險內部遷移附加條款.........231
商品名稱:新安東京海上產物商業動產流動綜合保險公權力附加條款.............231
商品名稱:新安東京海上產物商業動產流動綜合保險改建與修復附加條款.....232
商品名稱:新安東京海上產物商業動產流動綜合保險理賠準備費用附加條款.233
商品名稱:新安東京海上產物商業動產流動綜合保險趕工費用附加條款.........233
商品名稱:新安東京海上產物商業動產流動綜合保險小額賠款附加條款.........233
商品名稱:新安東京海上產物商業動產流動綜合保險無控制權附加條款.........234
商品名稱:新安東京海上產物商業動產流動綜合保險其他動產附加條款.........234
商品名稱:新安東京海上產物商業動產流動綜合保險溫度控制系統損壞附加條
款............................................................................................................235
商品名稱:新安東京海上產物商業動產流動綜合保險 80%共保附加條款 ........235
商品名稱:新安東京海上產物商業動產流動綜合保險新取得財產附加條款.....235
商品名稱:新安東京海上產物商業動產流動綜合保險存貨擴大附加條款.........236
商品名稱:新安東京海上產物商業動產流動綜合保險特殊分類附加條款.........236
商品名稱:新安東京海上產物商業動產流動綜合保險委外加工附加條款.........237
商品名稱:新安東京海上產物商業動產流動綜合保險受託物責任附加條款.....237
商品名稱:新安東京海上產物商業動產流動綜合保險理賠附加條款.................238
商品名稱:新安東京海上產物船體險修繕人責任保險 .........................................238
商品名稱:新安東京海上產物電腦系統年序轉換除外不保附加條款.................240
商品名稱:新安東京海上產物恐怖主義除外不保附加條款.................................240
商品名稱:新安東京海上產物電腦駭客病毒風險除外不保附加條款.................240
商品名稱:TOKIO MARINE NEWA INSURANCE COMPUTER MILLENNIUM
CLAUSE (CARGO) WITH NAMED PERIL EXTENSION(新安東京
海上產物貨物運輸保險電腦系統年序轉換除外不保附加條款) ......241
商品名稱:TOKIO MARINE NEWA INSURANCE INSTITUTE CYBER
ATTACK EXCLUSION CLAUSE(新安東京海上產物電腦駭客病毒
風險除外不保附加條款) ......................................................................242
商品名稱:TOKIO MARINE NEWA INSURANCE TERRORISM EXCLUSION
CLAUSE (CARGO)(新安東京海上產物貨物運輸保險恐怖主義除
10
外不保附加條款) ..................................................................................242
商品名稱:新安東京海上產物共保附加條款.........................................................243
商品名稱:CO-INSURANCE CLAUSE ..................................................................244
商品名稱:ERRORS AND OMISSIONS CLAUSES (LSW 321) ...........................244
商品名稱:CLAIMS CONTROL CLAUSE (CARGO) ...........................................245
商品名稱:CONSOLIDATION AND PACKAGING CLAUSE ..............................246
商品名稱:CONTROL OF DAMAGED MERCHANDISE CLAUSE ....................246
商品名稱:D.I.C., INCREASED VALUE, CONTINGENCY CLAUSE .................247
商品名稱:DELAY IN OPENING CLAUSE ...........................................................248
商品名稱:DUTY & COLLECT FREIGHT CLAUSE ............................................248
商品名稱:EXTRA EXPENSE CLAUSE ................................................................249
6 商品名稱:INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION
CLAUSE (CONRAD) ...........................................................................249
商品名稱:INSTITUTE STRIKES RIOTS AND CIVIL COMMOTIONS
CLAUSES ..............................................................................................250
商品名稱:INSTITUTE WAR CLAUSES (CARGO) 11/3/80 .................................251
商品名稱:INTERMEDIARY CLAUSE ..................................................................254
商品名稱:LOADING SURVEY CLAUSE .............................................................254
商品名稱:LOCATION CLAUSE ............................................................................255
商品名稱:POLITICAL RISKS CLAUSE ...............................................................256
商品名稱:PROFIT COMMISSION ENDORSEMENT .........................................256
商品名稱:RETURNED OR REFUSED SHIPMENTS CLAUSE ..........................257
商品名稱:SECONDHAND MACHINERY REPLACEMENT CLAUSE..............258
商品名稱:SIMULTANEOUS PAYMENT CLAUSE ..............................................258
商品名稱:STORAGE RISK CLAUSE, DURATION OF COVER ........................259
商品名稱:TERMINATION OF TRANSIT CLAUSE (TERRORISM) ..................260
商品名稱:UNDERWRITING CONTROL CLAUSE .............................................260
商品名稱:UNEXPLAINED SHORTAGE CLAUSE ..............................................261
商品名稱:USA ENDORSEMENT USEN 91 ..........................................................261
商品名稱:新安東京海上產物貨物運輸保險內陸運輸(A)附加條款 ..............262
INLAND CARGO TRANSIT CLAUSES(A) ...................................................................262
商品名稱:新安東京海上產物貨物運輸保險內陸運輸(C)附加條款 ..............263
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INLAND CARGO TRANSIT CLAUSE (C)..........................................................................263
商品名稱:新安東京海上產物貨物運輸保險鋼材特約(A1)附加條款 .................264
SPECIAL WARRANTY FOR STEEL PRODUCTS (A1) .....................................................264
商品名稱:新安東京海上產物貨物運輸保險鋼材特約(A2)附加條款 .................265
SPECIAL WARRANTY FOR STEEL PRODUCTS (A2) .....................................................265
商品名稱:新安東京海上產物貨物運輸保險鋼材特約(A)附加條款 ...................266
SPECIAL WARRANTY FOR STEEL PRODUCTS (A) .......................................................266
商品名稱:72 HOURS CLAUSE (EARTHQUAKE AND FLOOD) .......................266
商品名稱:ACCUMULATION CLAUSE (LOCATIONS) ......................................267
商品名稱:BRAND PROTECTION CLAUSE ........................................................267
商品名稱: CONCEALED DAMAGE CLAUSE ...................................................268
商品名稱:DEBRIS REMOVAL CLAUSE ..............................................................269
商品名稱:INSTITUTE STRIKES CLAUSE ( AIR CARGO) 1/1/2009 .................269
商品名稱:INSTITUTE STRIKES CLAUSE (CARGO) 1/1/2009 .........................270
商品名稱:INSTITUTE WAR CLAUSE (AIR CARGO)(EXCLUDING SENDING
................................................................................................................272
BY POST)1/1/2009 272
商品名稱:INSTITUTE WAR CLAUSE (CARGO)1/1/2009 ..................................273
商品名稱:LOCATION CLAUSE (WITHOUT LIMITATION PERIODS) ............274
商品名稱:PROCESS CLAUSE (LOCATIONS) .....................................................275
商品名稱:SPECIAL CLAUSE FOR CONCEALED DAMAGE OR
MYSTERIOUS ......................................................................................275
LOSS 275
商品名稱:SPECIAL CLAUSE FOR CONTAINERIZED CARGO .......................275
商品名稱:SPECIAL CLAUSE FOR FORWARDING CHARGE ..........................276
商品名稱: SPECIAL CLAUSE FOR INSPECTION .............................................276
商品名稱:SPECIAL CLAUSE FOR SETTLEMENT OF CLAIM ........................277
商品名稱:SPECIAL REPLACEMENT CLAUSE (AIR FREIGHT) .....................278
商品名稱:SPECIAL REPLACEMENT CLAUSE (DUTY) ...................................278
商品名稱:TERMINATION OF TRANSIT CLAUSE (TERRORISM) 2009 .........279
商品名稱:U.S. ECONOMIC AND TRADE SANCTIONS CLAUSE ...................280
商品名稱:WAR AND STRIKES CANCELLATION CLAUSE (CARGO) ...........280
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商品名稱:CLAUSE PARAMOUNT CLAUSE.......................................................280
商品名稱:INFIDELITY CLAUSES ........................................................................281
商品名稱:LOADING AND UNLOADING CLAUSE ...........................................281
商品名稱:MACHINERY CLAUSE ........................................................................282
商品名稱:MECHANICAL AND/OR ELECTRICAL DERANGEMENT CLAUSE
................................................................................................................282
商品名稱:MYSTERIOUS DISAPPEARANCE CLAUSE .....................................282
商品名稱:MYSTERIOUS LOSS COVER CLAUSE .............................................283
商品名稱:OPEN TOP/FLAT CONTAINER CLAUSE ...........................................283
商品名稱:TOKIO MARINE NEWA INSURANCE INSTITUTE TIME
CLAUSES – HULLS (1/10/83) AMENDED FOR JAPANESE
CLAUSES CLASS NO.6 (4/2010) ........................................................284
商品名稱:TOKIO MARINE NEWA INSURANCE INSTITUTE ADDITIONAL
PERILS CLAUSES - HULLS AMENDED (4/2010) (FOR USE
ONLY WITH THE INSTITUTE TIME CLAUSES - HULLS 1/10/83
AMENDED FOR JAPANESE CLAUSES CLASS NO.6) ...................295
商品名稱:TOKIO MARINE NEWA INSURANCE ASSURED CLAUSE ............296
商品名稱:TOKIO MARINE NEWA INSURANCE SCRAP VOYAGE CLAUSES
................................................................................................................296
商品名稱:TOKIO MARINE NEWA INSURANCE TERMINATION CLAUSE ..298
商品名稱:TOKIO MARINE NEWA INSURANCE FIRE AND POLLUTION
HAZARD CLAUSES (A)......................................................................298
商品名稱:TOKIO MARINE NEWA INSURANCE REPAIR CLAUSES..............299
商品名稱:TOKIO MARINE NEWA INSURANCE DISBURSEMENTS
WARRANTY CLAUSE (A) ..................................................................300
商品名稱:TOKIO MARINE NEWA INSURANCE LAID UP RETURN
CLAUSES (HULLS) .............................................................................301
商品名稱:TOKIO MARINE NEWA INSURANCE RIGHTS AND DUTIES ON
THE VESSEL CLAUSES .....................................................................302
商品名稱:TOKIO MARINE NEWA INSURANCE RIGHT OF CLAIM FOR
COMPENSATION AGAINST A THIRD PARTY CLAUSE ................303
商品名稱:TOKIO MARINE NEWA INSURANCE ELECTRONIC DATE
RECOGNITION SPECIAL CLAUSE...................................................304
商品名稱:TOKIO MARINE NEWA INSURANCE CONSUMPTION TAX
CLAUSE ................................................................................................305
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商品名稱:TOKIO MARINE NEWA INSURANCE LIEN CLAUSES ..................306
商品名稱:TOKIO MARINE NEWA INSURANCE DUTY OF ASSURED AND
RIGHTS OF INSURER CLAUSES ......................................................307
商品名稱:TOKIO MARINE NEWA INSURANCE MINIMUM PREMIUM
CLAUSES ..............................................................................................308
商品名稱:TOKIO MARINE NEWA INSURANCE BOTTOM TREATMENT
CLAUSE ................................................................................................309
商品名稱:TOKIO MARINE NEWA INSURANCE BERING SEA TRANSIT
CLAUSES (FOR I.T.C. AMENDED) ...................................................310
商品名稱:TOKIO MARINE NEWA INSURANCE PREMIUM CLAUSES ......... 311
商品名稱:TOKIO MARINE NEWA INSURANCE EXCESS COLLISION
LIABILITY CLAUSE (A) .....................................................................313
商品名稱:TOKIO MARINE NEWA INSURANCE SMALL GENERAL
AVERAGE CLAUSES ..........................................................................313
商品名稱:TOKIO MARINE NEWA INSURANCE DEDUCTIBLE CLAUSES (G)
................................................................................................................314
商品名稱:TOKIO MARINE NEWA INSURANCE LAW AND JURISDICTION
CLAUSES ..............................................................................................315
商品名稱:TOKIO MARINE NEWA INSURANCE IRANIAN OIL EXCLUSION
CLAUSE ................................................................................................316
商品名稱:TOKIO MARINE NEWA INSURANCE MARINE GENERAL
LIABILITY CLAUSE ...........................................................................316
商品名稱:TOKIO MARINE NEWA INSURANCE MISC PROPERTY AND
INLAND MARINE INSURANCE CLAUSE .......................................329
商品名稱:TOKIO MARINE NEWA INSURANCE SANCTION CLAUSE .........333
商品名稱:EQUIPMENT ALL RISKS WORDING - ROV/POL/STD/1/7/13 ........333
商品名稱:TOKIO MARINE NEWA INSURANCE SPECIAL REPLACEMENT
CLAUSE (AIR FREIGHT)....................................................................336
商品名稱:TOKIO MARINE NEWA INSURANCE DEFERRED UNPACKING
CLAUSE - B VERSION WORDING ...................................................336
商品名稱:TOKIO MARINE NEWA INSURANCE DEBRIS REMOVAL
CLAUSE –D VERSION WORDING ....................................................337
商品名稱:TOKIO MARINE NEWA INSURANCE INSPECTION CHARGE
CLAUSE ................................................................................................337
商品名稱:TOKIO MARINE NEWA INSURANCE EXPEDITING COST
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CLAUSE ................................................................................................338
商品名稱:TOKIO MARINE NEWA INSURANCE NON-SURVEY CLAUSE ....338
商品名稱:TOKIO MARINE NEWA INSURANCE BRAND PROTECTION
CLAUSE - B VERSION WORDING ...................................................339
商品名稱:TOKIO MARINE NEWA INSURANCE SPECIAL TRANSIT CLAUSE
................................................................................................................339
商品名稱:TOKIO MARINE NEWA INSURANCE INLAND TRANSIT CLAUSE
(EXCLUDING JAPAN) ........................................................................340
商品名稱:TOKIO MARINE NEWA INSURANCE VALUATION CLAUSE .......340
商品名稱:TOKIO MARINE NEWA INSURANCE ACCUMULATION CLAUSE
- D VERSION WORDING ....................................................................341
商品名稱:TOKIO MARINE NEWA INSURANCE FINAL INVOICE CLAUSE .342
商品名稱:TOKIO MARINE NEWA INSURANCE RECOOPERING /
REPACKING CLAUSE ........................................................................342
商品名稱:TOKIO MARINE NEWA INSURANCE GOVERNMENTAL
DAMAGE CLAUSE .............................................................................342
商品名稱:TOKIO MARINE NEWA INSURANCE DEMURRAGE CHARGES
CLAUSE ................................................................................................343
商品名稱:TOKIO MARINE NEWA INSURANCE F.O.B., F.A.S., C.&F.
SHIPMENTS CLAUSE(EXCLUDING JAPAN) ..................................343
商品名稱:TOKIO MARINE NEWA INSURANCE CLASSIFICATION CLAUSE344
商品名稱:TOKIO MARINE NEWA INSURANCE STANDARD CLAUSE FOR
REFRIGERATED CARGO (ALL RISKS-A) .......................................345
商品名稱:TOKIO MARINE NEWA INSURANCE INLAND CARGO TRANSIT
CLAUSES (A) .......................................................................................346
商品名稱:TOKIO MARINE NEWA INSURANCE INLAND CARGO TRANSIT
CLAUSES (C) .......................................................................................348
商品名稱:AMERICAN YACHT FORM R12 .........................................................349
商品名稱:INSTITUTE CONTAINER CLAUSE-TIME .........................................350
商品名稱:INSTITUTE CONTAINER CLAUSE-TIME TOTAL LOSS,GENERAL
AVERAGE,SALVAGE,SALVAGE CHARGES,SUE AND LABOUR 352
商品名稱:PAYMENT OF CLAIM CLAUSE .........................................................353
商品名稱:OVERLAND TRANSPORTATION CARGO INSURANCE CLAUSE
(ALL RISKS) - TRAIN .........................................................................353
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商品名稱:OVERLAND TRANSPORTATION CARGO INSURANCE CLAUSE
(NAMED PERILS ONLY) - TRAIN .....................................................354
商品名稱:GENERAL AVERAGE CLAUSE ..........................................................355
商品名稱:COVER RISK OF LOADING, UNLOADING, LIFTING, HOISTING
AND TRANSSHIPMENTS CLAUSE – ALL RISKS ..........................356
商品名稱:SHIPPER’S INTEREST INSURANCE CLAUSE .................................356
商品名稱:AUTOMATIC COVER CLAUSE ..........................................................357
商品名稱:SPECIAL TERMS AND CONDITIONS FOR INSURANCE OF
REMOVAL GOODS ..............................................................................357
商品名稱:TOKIO MARINE NEWA INSURANCE MARINE HULL
INSURANCE - CREW'S OPERATION ACCIDENT POLICY ...........358
商品名稱:TOKIO MARINE NEWA INSURANCE REFRIGERATION
INSURANCE CLAUSE ........................................................................359
商品名稱:新安東京海上產物海運承攬運送人責任保險
核准日期及文號 76 年 3 月 10 日台財融第 7602413 號函核准
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正 承保範圍
本保險單對於被保險人在保險有效期間內,經營海運承攬運送人業務過程中,對託運貨物之接受、保管、運送人之選定,在目的地之交付及其他與運送有關事項,有未盡其注意義務情事,致被保險人依法應負賠償責任而在保險期間內受賠償請求時,本公司對被保險人應負之賠償責任包括: (一)對貨物之賠償責任:
1.因貨物之實質毀損或滅失所致之賠償責任。 2.因被保險人或其受僱人執業上之疏忽導致錯誤或遺漏(包括誤運、誤交)所致之賠償責任,但以損失在保險期間內發現者為限。
3.因貨物由於偶發事故導致延遲裝載、運送或交付所致之賠償責任。 (二)對費用之賠償責任:
1.為處理貨物因誤運、誤交、指示或安排錯誤所生之費用。 2.為保障被保險人權益、俾向第三人行使追償權所必需之費用。 3.遇有共同海損或救助費用分擔,被保險人應負擔而無法向託運人收回之部份,但以被保險人違反承攬運送契約者為限。
(三)對附帶損失之賠償責任: 發生承保範圍第一條第一項第一、二款情事所引起之附帶損失之賠償責
任。 不保事項 (一)適用於一般性者:
1.被保險人或其受僱人之惡意或重大過失行為所致之賠償責任。
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2.被保險人或其受僱人之詐欺、背信侵佔或其他犯罪行為所致之賠償責任。
3.被保險人或其受僱人或與被保險人有服務契約關係之人,因執行業務而致身體受有傷害疾病或致死亡或其對財物受有遺失所致之賠償責任。
4.因被保險人之侵權行為所致第三人體傷、疾病或死亡或第三人財物受有實質損失之賠償責任。
5.被保險人所有、管理、控制或租用之任何財產之損失。 6.被保險人所屬船舶或航空器或運輸工具或與之相關之管理、航行與運作等事項而生之危險。
7.被保險人未立即履行或為不完全之履行其債務所負之賠償責任及其因而引起之損失。
8.直接或間接因下列原因所致之賠償責任: (1)戰爭、類似戰爭行為、外亂行為(不論宣戰與否)、叛亂、內亂、
強力霸佔或被徵用 (2)罷工、暴動、民眾騷擾。
9.因被保險人之破產所造成之損失。 10.核子反應、核子輻射或放射性污染直接、間接所致之賠償責任。
(二)適用於貨物之賠償責任者: 1.被保險人於運送契約中,對於貨物之毀損、滅失及其遲延所負之賠償責任,若係因託運所申報之價值或特別之指示而增加時,其增加部份。
2.被保險人對於下列貴重物品之賠償責任: (1)金銀條(塊) (2)寶石 (3)紙幣或錢幣 (4)債券或其他可轉換之
有價證券 但被保險人因善意而不知其所收受之託運貨物,係屬於下列物品,且其貨物之價值(包括關稅)未超過美金 50,000 元(或其他等值之通貨)則被保險人對此類物品所負之賠償責任不在此限。 (1)紙煙 (2)酒 (3)貴重金屬物 (4)寶石 (5)藝術品 (6)牲畜 前項但書所列貨品,如不止一項之物品裝載於同一貨櫃或拖車時,則此等貨品應視為同一批貨物。 3.因貨物之固有瑕疵,或由於其固有性質所致損失之賠償責任。
(三)適用於費用之賠償責任者: 1.被保險人因違反進出口法規所必須支付之關稅、銷售稅、加值稅或其他國家所徵收之費用。
2.被保險人因違法行為或其他第三人為被保險之利益而為違法行為致被保險人應負之罰鍰或罰金。
3.被保險人所應負懲罰性質損害之賠償責任。 (四)適用附帶損失之賠償責任者:
1.被保險人因侵權行為而致第三人體傷、疾病或死亡、或第三人財產受有實質損害或滅失所引起之附帶損失。
2.因貨物之遲延裝載、運送或交付致有損失所引起之附帶損失。 個人保險商品預定費用率
不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:FREIGHT FORWARDER’S LIABILITY INSURANCE
核准日期及文號 99年 02 月 03 日新安東京海上 99字第 0072 號函備查 承保範圍
COVERAGE - CARGO AND RELATED LIABILITIES
17
The Policy will indemnify the Insured in respect of its legal and/or contractual liability
and/or for costs for Insured Operations on the Freight Services Schedule subject to its
terms conditions and limits and to the following terms and conditions and the General
Policy Terms, Conditions and Exclusions for: -
1.Loss or damage to Cargo
Liability for loss or damage to cargo whilst in transit or in storage during the normal
course of transit in the care, custody or control of the Insured, or a party with whom
the Insured has contracted to provide transportation services.
2.Additional Cover
The additional cover set out below shall apply following liability under Clause 1.
above
2.1 Consequential Loss
Liability for consequential loss including business interruption.
2.2 General Average
Liability (without application of deductible) for cargo’s proportion of general
average, salvage and/or salvage charges.
2.3 Duty
Liability for duty payable where the duty forms part of a claim for loss or
damage to cargo, other than duty under any form of bond or guarantee.
2.4 Damage to Transport Equipment and Other Cargo
Liability for loss or damage to any container, transport equipment, vehicle,
cargo, vessel or aircraft operated by another party resulting from the mode
and/or manner in which the cargo being transported is secured and/or stowed.
2.5 Temporary Storage
Liability for loss or damage to cargo during temporary storage arising out of
rejection of cargo by a consignee, or where the cargo cannot be delivered,
provided that Insurers are notified within 7 days of the rejection or non-delivery
of the cargo respectively.
2.6 On-forwarding Costs
Insurers agree to pay the cost and expense of on-forwarding cargo to destination
including the cost of temporary storage, unloading, reloading and
transferring cargo to other transport equipment, or containers, following an
accident to the transport equipment or container being used for the
transportation of cargo.
不保事項
18
SPECIAL CONDITIONS AND EXCLUSIONS
(Applicable to all Sections of the Freight Services Schedule & Extensions)
1. Errors and Omission Exclusion
Unless the Errors & Omissions Extension is effected, liability arising out of a
negligent act, error or omission under that Extension is excluded from coverage.
2. Conditions of Trade
It is a condition precedent to the liability of the Insurers that during the Policy period
the Insured contracts under General Conditions of Trade or Carriage that shall be
seen and approved by Insurers prior to attachment of this Policy, such approval to be
by an endorsement to the Policy. Where the Insured continues to operate under the
current terms and conditions of the national forwarding association affiliated to
FIATA (International Federation of Freight Forwarders Association) Insurers need not
approve such terms and conditions.
3. Bills of Lading
It is a condition precedent to the liability of the Insurers that when a bill of
lading/waybill is issued by or on behalf of the Insured, or a contract of sea carriage is
agreed, it must include a Paramount Clause incorporating the Hague Visby Rules as
enacted by the UK Carriage of Goods by Sea Act 1971, or equivalent national
legislation under the Hague Visby Rules (in the case of shipments to or from the
United States, incorporating US COGSA). When cargo is agreed to be carried on
deck then:
3.1 such cargo must be carried on deck on specific terms (expressed both on
the face and the reverse of the bill of lading/waybill) exonerating the
Insured from liability, and stating cargo is carried at shipper’s sole risk, or
3.2 on terms stating that the Hague Visby Rules UK Carriage of Goods by
Sea Act 1971 (or equivalent national legislation – in the case of the
United States, US COGSA) shall apply to on deck carriage.
4. Air Waybills
It is a condition precedent to the liability of Insurers that when the Insured issues an
Air Waybill, such document must expressly incorporate the Warsaw Convention and
any subsequent amendments.
5. Road Transport - Sub-contractor’s Conditions of Carriage
It is a condition precedent to the liability of Insurers where the Insured sub-contracts
carriage of cargo by road, or sub-contracts carriage which includes carriage by road
that the sub-contractor operates under a contract of carriage whose terms and
conditions are no less wide than those of the Insured, except where such terms and
19
conditions are imposed by law or do not materially affect the liability and amount of
the claim for loss or damage to cargo being carried.
6. Road Transport – Sub-contractors Insurance
6.1 It is a condition precedent to the liability of Insurers that the Insured shall
take reasonable care to ensure that the actual carrier or sub-contractor in
relation to carriage by road has adequate, valid and sufficient insurance
cover in respect of its liability for loss or damage to the cargo being
carried.
6.2 Where the Insured fails to comply with the above obligation and a claim
occurs such a claim shall be recoverable under the Errors and Omissions
Extension provided that the Insured has in operation reasonable
procedures for checking insurance coverage of the actual carrier or
sub-contractor and the failure to verify the insurance coverage has arisen
as a result of an isolated negligent act, error or omission of the Insured or
its employees.
7. Road Transport – High Risk Cargo
It is a condition precedent to the liability of Insurers where the Insured operates or
utilises a vehicle, container or trailer and the cargo being carried is ‘high risk’ as
defined under Clause 8 that: -
(a) During the day, whilst parked for rest breaks, or for similar short stays,
the vehicle/trailer/container: -
(i) is at a recognised and designated parking area for road hauliers, and
(ii) is securely locked with keys removed and all openings securely
closed at all times, and
(iii) the driver remains within the immediate vicinity.
(b) Whilst parked overnight or during the day other than for rest breaks or for
similar short stays, the vehicle, trailer or container: -
(i) is garaged in a locked building or parked in a fully enclosed
location (which remains locked apart from when authorised
vehicles are entering and exiting the location) under constant
surveillance, or
(ii) is securely locked with all keys removed and all openings securely
closed and is in a recognised and designated parking area for road
hauliers and the driver remains in attendance at all times.
8. High Risk Cargo
20
8.1 The following cargo shall be deemed high risk in accordance with Clause
7 above and shall not be covered unless specifically disclosed to Insurers
in writing and Insurers agree by endorsement to coverage: -
(a) Wines, Spirits and other Alcoholic Beverages;
(b) Cigarettes and other Tobacco based products;
(c) Furs and Leather and garments or items made from Fur or Leather;
(d) Televisions, CD players, DVD players, CDs, DVDs tapes and videos;
(e) Clocks, watches and parts;
(f) Computer micro-chips;
(g) Computers including but not limited to Laptops;
(h) Personal Computers and games consoles;
(i) Cellular or Mobile Telephones of any description.
8.2 Subject to 7 clear days written notice to the Insured, Insurers may amend
the list of High Risk Cargo.
9. Excluded Cargo
The Policy excludes liability relating to the transportation of the following cargoes:-
a) bullion and precious metal objects;
b) bank notes, coins, cheques and credit cards;
c) bonds, negotiable documents, securities and other financial instruments;
d) jewellery, works of art, antiques or precious stones, except where part of
household/personal effects consignment;
e) live animals, birds, reptiles and fish.
10. Excluded Contract Terms
The Policy excludes claims arising out of any contractual agreement, whether or not
in writing, by the Insured: -
a) to an agreed shipment or delivery date or time;
b) to higher limits of liability or greater responsibility than that notified to
and/or agreed by Insurers;
c) to an agreed or declared value.
11. Insured’s Property
The Policy excludes claims in respect of property and/or cargo owned, leased or
licensed to/by the Insured unless specifically agreed by Insurers and endorsed on the
Policy.
12. Insured Operations
21
The Policy excludes claims in respect of any Operation not previously declared to
Insurers and agreed by them to be covered, save that any Operation (not excluded
under any term, condition or exclusion in this Policy) which is reasonably ancillary to
a declared and agreed Operation shall be covered under this Policy.
13. Liability to Customs
The Policy excludes claims by Customs or similar Governmental or European Union
organisations or bodies against the Insured except where insured under the Errors and
Omissions Extension Clause 2.3.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:Freight Forwarder Liability Insurance - SART Version
核准日期及文號 102 年 12 月 31 日新安東京海上 102 商字第 0175 號函備查
承保範圍
SECTION A – CARGO AND RELATED LIABILITIES
Risks Covered
1.1 The Policy will indemnify the Insured in respect of its legal liability and/or for costs
arising from the Insured Ordinary Operations subject to the terms and conditions of the
Policy for:-
1.1.1 Physical loss of and/or damage to Cargo caused by an incident under a
lawful and valid Contract of Carriage or contract of service;
1.1.2 Consequential Loss of and resulting directly from Clause 5.1.1 above;
1.1.3 Physical loss of and/or damage to the Transport Equipments not owned
or leased by the Insured whilst in the Insured’s care, custody and /or
control for the purpose of carrying the Cargo;
1.1.4 The provision of security for Insured’s contribution to general average
and/or salvage charges which are not recoverable from the shipper or
consignee or other Cargo interests; and
1.1.5 Debris removal costs which are consequent upon a sudden and
accidental occurrence.
Special Conditions
1.2 In the circumstances of general average and/or salvage charges where the Insured is
unable to obtain the general average guarantees or salvage bonds from some Cargo
interests or their insurer, the Insurer shall sign and issue the necessary guarantee for the
Insured in order to expedite the release of the shipment. The Insured shall not release
or agree to release such Cargo until it is in receipt of counter general average guarantee
or salvage bond from the individual Cargo interests or their insurer and have the
Insurer’s prior written approval. The giving of such approval is at the sole and absolute
22
discretion of the Insurer.
SECTION B – ERRORS AND OMISSIONS
Risks Covered
1.3 The Policy will indemnify the Insured in respect of its legal liability and/or for costs
arising from the Insured Ordinary Operations as a result of a negligent act or errors and
omissions by the Insured, its servants, employees, agents or Sub-contractors in relation
to the following:-
1.3.1 The failure to correctly and properly release the Cargo to the
authorized receiving party under a lawful and valid Contract of Carriage
(misdelivery of Cargo);
1.3.2 The failure to either comply with or provide instruction, information
and advice;
1.3.3 The failure to correctly complete or furnish necessary documentation;
1.3.4 The failure to perform the contractual obligations within reasonable
time;
1.3.5 The failure to deliver the Cargo to the correct destination (misdirection
of Cargo)
Special Conditions
1.4 For the coverage of misdirection of Cargo, the Insurer shall indemnify the Insured for the
extra costs involved in re-routing the Cargo to the correct destination by the same or
similar mode of transport. Such extra costs shall be determined as follow:-
1.4.1 Actual costs incurred in transporting the Cargo from the place of origin
to the incorrect destination PLUS reasonable costs involved in
transporting the Cargo from the incorrect destination to the correct
place of delivery LESS the reasonable costs involved as if the Cargo was
transported from the place of origin to the correct place of delivery.
1.5 For the coverage of misdelivery of Cargo, it shall be a condition precedent to the
Insurer’s liability under Clause 5.3.1 that:
1.5.1 The Insured agent’s actions must be in breach of clear instructions
provided by the Insured;
1.5.2 The Insured has no knowledge of the Insured agent’s and/or
Sub-contractor’s actions;
1.5.3 The Insured must not have acted recklessly.
SECTION C – THIRD PARTY LIABILITY
Risks Covered
1.6 The Policy will indemnify the Insured in respect of its legal liability and/or for costs
arising from the Insured Ordinary Operations for third party liability for:-
1.6.1 Physical loss and/or damage to Third Party property not in the Insured’s
physical care, custody and /or control; and
1.6.2 Death and/or bodily injury and/or illness of any Third Party.
SECTION D – FINES, DUTIES AND OTHER COSTS
Risks Covered
1.7 This Policy will indemnify the Insured in respect of its legal liability and/or costs arising
from the Insured Ordinary Operations in respect of the fines, duties and penalties arising
from the breach of:-
1.7.1 Customs regulations, arising from, in connection with and/or in relation
to the import and/or export of Cargo;
1.7.2 Immigration regulations;
1.7.3 Security/anti-terrorism measures and/or regulations;
23
1.7.4 Regulations in relation to safety at work;
1.7.5 Environmental damage, seepage, pollution, or contamination
regulations.
1.8 The Policy will also indemnify the Insured in respect of its legal liability and/or costs
arising from the Insured Ordinary Operations in respect of the extra costs as incurred in
the following circumstances:-
1.8.1 The total failure of the consignee to collect or remove Cargo at the
place of delivery (uncollected Cargo);
1.8.2 Quarantine and disinfection, including fumigation, other than in the
Insured Ordinary Operations;
1.8.3 Extra costs incurred to complete the Contract of Carriage due to the
failure of the Sub-contractor to provide the service to the Insured
within reasonable time.
Special Conditions
1.9 For the coverage of environmental damage, seepage, pollution and contamination, the
Policy is further subject to the following:-
1.9.1 The incident is caused by an event which is sudden and accidental, and
such event first commenced on an identified specific date during the
Period of Insurance; and
1.9.2 The event is discovered and made aware to the Insured within seven (7)
days after it first commenced and is reported to the Insurer within
thirty (30) days thereafter.
不保事項 This Policy excludes any Claim, loss, damage, liability or expense directly or
indirectly caused by or contributed by or arising from the following:-
1.1 Excluded Cargo
1.1.1 Bullion and precious metal objects;
1.1.2 Bank notes, coins, cheques, securities or credit cards;
1.1.3 Bonds, negotiable documents, securities and other financial instruments;
1.1.4 Jewellery, works of antiques, precious stones and similar interests;
1.1.5 Live animals, livestock, birds, reptiles or fish;
1.1.6 Motor, aircraft, watercraft, caravans, trailers of any kinds being transported under
their own power or whilst being towed on their own axle except during the
ordinary course of loading onto and off loading from carrying conveyance and/or
during the ordinary course of stuffing and destuffing of shipping containers or
creates;
1.1.7 Dangerous Goods and/or hazardous commodities;
1.1.8 Cargo carried gratuitously; and
1.2 Increased Liability and Performance Guarantee Exclusion
1.2.1 The increased liability due to the contractual agreement to declare or agreed value
of Cargo between the Insured and its customers;
1.2.2 The liability due to the contractual agreement to the agreed delivery date or time;
1.2.3 The contractual agreement to a higher Limit of Liability or responsibility than the
Insurer’s Approved Documents and/or any mandatory applicable limitations under
the relevant legislations and/or international conventions;
1.2.4 The additional liability arising and/or resulting from the Insured waiving its right of
recourse or any defence against any liable Third Party; and
1.2.5 Any claim or suit or payment of any damages that the Insured are legally liable to
pay, solely by reason of the Insured’s assumption of liability in a contract or
agreement. This exclusion does not apply to liability for damages that the Insured
would have in the absence of such contract or agreement.
24
1.3 Deliberate Acts, Reckless and Illegal Conduct Exclusion
1.3.1 The Insured’s dishonesty, infidelity or fraud, collusion, malicious, willful or
deliberate act or reckless conduct;
1.3.2 The Insured’s participation of illegal trade and handling of contraband cargo
(except under the circumstance where the cargo type is fraudulently concealed by
the Insured’s customer which is unawared to the Insured);
1.3.3 Any liability arising from a breach of current laws and/or regulations that is
considered criminal at the relevant jurisdiction and any criminal action taken
against the Insured.
1.3.4 Any liability arising from the intentional ante dating or post dating in the Contract
of Carriage
1.4 Unattended Cargo or Vehicle Exclusion
1.4.1 Any liability arising from the Cargo and/or vehicle handle and/or operated and/or
owned by the Insured left unattended without reasonable effort having been
made by the Insured or the Insured’s servants or agents to ensure its security
except when passing through customs for customs declaration and/or at the time
of arriving into warehouse for registration, pick up, delivery and/or filling gas and
necessary rest break. Engine of unattended vehicle should be turned off and
securely locked with keys removed an all openings securely closed, with the driver
in the immediate vicinity.
1.5 Cargo Insurance Arrangement Exclusion
1.5.1 Any liability arising from arranging or procuring Cargo insurance for a customer.
1.6 Vessel/Aircraft Operation/Chartering Exclusion
1.6.1 Any liability arising from managing, navigating, operating or chartering a
vessel/aircraft except under a slot or space charter.
1.7 Asbestos Exclusion
1.7.1 Any liability in connection with asbestos and related substance.
1.8 Financial Default Exclusion
1.8.1 The Insured’s insolvency, liquidation, bankruptcy, receivership, trading whilst
insolvent or any other financial default.
1.9 Commercial Dispute Exclusion
1.9.1 The Insured’s inability or failure to pay or collect debts;
1.9.2 Any disputes on freight, fee, charges, tariff, debt between the Insured and other
contractual parties;
1.9.3 Any commercial fines or penalties in respect of tariff or freight completion or
structure of operation of the Insured’s business;
1.9.4 Any contractual penalty arising from the consequences of commercial
misjudgment by the Insured.
1.10 Third Party Liability Exclusion
1.10.1 Legal liability arising out of or in connection with the course of employment of the
Insured and/or liability which is covered under the Insured’s employee
compensation insurance;
1.10.2 Legal liability for the loss of or damage to the property and/or equipment owned,
rented, leased and/or hire purchased by the Insured;
1.10.3 Legal liability arising out of or in connection with a motor vehicle, chassis, trailer
25
and/or other similar road conveyance which is covered under the motor
insurance;
1.10.4 Legal liability arising out of or in connection with product liability;
1.10.5 Legal liability arising out of or in connection with a land, warehouse or other
property which is owned, leased, rented and/or operated by the Insured and used
for the Insured Ordinary Operations which is not covered as an Insured Premises;
and
1.10.6 Legal liability arising out of or in connection with Sub-contractor and its employee,
agent and servant’s property and/or bodily injury and/or death during contract for
service or appointment.
1.11 Unexplained Loss of Cargo during Storage Exclusion
1.11.1 Inventory shrinkage or unexplained loss or mysterious disappearance of
Cargo whilst in storage including any unexplained discrepancy between any
records made or kept by the Insured or any record produced by any customers or
any loss subsisting only in a profit and loss comparison or shortage discovered
upon stock taking or preparing Cargo for transit which is not traceable to an
identifiable event.
1.12 Inherent Vice Exclusion
1.12.1 Any inherent vice, deterioration, decay, rotting, fault or weakness in relation to
Cargo or any property.
1.13 Uncontrolled and Special Circumstances
1.13.1 War, invasion, acts of foreign enemies, hostilities (whether war be declared or
not), civil war, terrorism, or sabotage, rebellion, revolution, insurrection military or
usurped power;
1.13.2 Industrial disputes, boycotts, strikes, riots, civil commotions, lockouts,
stoppages or restraints of labour of whatsoever nature or kind whether partial or
general and whether or not involving the Insured's employees;
1.13.3 Confiscation, nationalisation or requisition or destruction of or damage
property by or under the order of any authority;
1.13.4 Piracy, capture, seizure, restraint or detainment; and
1.13.5 Act of God.
1.14 Civil Wrong Exclusion
1.14.1 Any liability arising from the civil wrong including but not limited to defamation,
libel, slander, discrimination in any form, infringement of copyright, nuisance,
infringement of human right or other similar kind.
1.15 Employer’s Liability Exclusion
1.15.1 Any Claim in relation to or in connection with or arising out of the Insured’s
employment, contract for services or appointment.
1.16 Lien Exclusion
1.16.1 A right of lien exercised, whether or not wrongful, against any property by any
parties.
1.17 Damages Exclusion
1.17.1 Punitive, exemplary, aggravated, compound or multiplied damages against the
Insured.
1.18 Radioactive Contamination, Chemical, Biological, Bio-Chemical And
26
Electromagnetic Weapons Exclusion
1.18.1 Ionising radiations from or contamination by radioactivity from any nuclear fuel
or from any nuclear waste or from the combustion of nuclear fuel;
1.18.2 The radioactive, toxic, explosive or other hazardous or contaminating properties
of any nuclear installation, reactor or other nuclear assembly or nuclear
component thereof;
1.18.3 Any weapon or device employing atomic or nuclear fission and/or fusion or
other like reaction or radioactive force or matter;
1.18.4 The radioactive, toxic, explosive or other hazardous or contaminating properties
of any radioactive matter. The exclusion in this sub-clause does not extend to
radioactive isotopes, other than nuclear fuel, when such isotopes are being
prepared, carried, stored, or used for commercial, agricultural, medical, scientific
or other similar peaceful purposes;
1.18.5 Any chemical, biological, bio-chemical, or electromagnetic weapon.
1.19 Failure of Electronic System and Cyber Attack Exclusion
1.19.1 Defect in or malfunction of computers hardware, software, peripheral or
electronic device or corruption or loss of data;
1.19.2 Loss, damage, liability or expense directly or indirectly caused by or contributed
to by or arising from the use or operation, as a mean for inflicting harm, of any
computer, computer system, computer software programme, malicious code,
computer virus or process or any other electronic system.
1.20 Sanction Limitation and Exclusion
1.20.1 No Insurer shall be deemed to provide cover and no Insurer shall be liable to
pay any Claim or provide any benefit hereunder to the extent that the provision of
such cover, payment of such Claim or provision of such benefit would expose the
Insurer to any sanction, prohibition or restriction under United Nations resolutions
or the trade or economic sanctions, laws or regulations of the European Union,
United Kingdom or United States of America.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物遊艇意外責任保險
核准日期及文號 103 年 9 月 15 日(103)產水字第 022 號函備查(公會版)
承保範圍
本保險承保被保險人在保險期間內合法使用或管理被保險遊艇,因從事遊艇活動發生意外事故,致遊艇乘員傷亡,依法應由被保險人負賠償責任而受賠償請求時,由保險人對被保險人負賠償責任。
被保險人為遊艇乘員時,視同為乘員。
不保事項 保險人不保因下列事項所致之損害賠償責任:
1、被保險人故意行為所致者。
2、海上或陸上颱風警報發佈時起至解除後 24 小時內,仍出航從事遊艇活動。
3、戰爭或類似戰爭行為、敵人入侵、內戰、革命、叛亂、捕獲、扣押、拘管、禁制、沒收、充公、徵用、恐怖份子、劫掠行為,包括碰及遺棄之水雷、魚雷或遭砲彈擊中者。
27
4、罷工、暴動或民眾騷擾所致者。
5、核子分裂或輻射作用所致者。
6、各種型態之污染所致者。
7、遊艇活動超出主管機關所訂之航行區域,或在公告管制地區內所發生之賠償責任。
8、被保險遊艇違法使用、違規超載、或其他違反主管機關有關之規定者。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物娛樂漁業漁船意外責任保險
核准日期及文號 97年 10月 22日(97)產水字第 15號函備查(公會版) 承保範圍
本保險承保被保險人在保險期間內合法使用或管理被保險船舶,因從事娛樂漁業漁船活動發生意外事故,致船上工作人員、乘客及其他第三人傷亡或財物損失時,依法應由被保險人負賠償責任而受賠償請求時,由保險人對被保險人負賠償責任。
不保事項 保險人不保因下列事項所致之損害賠償責任: 一、被保險人故意行為所致者。 二、海上或陸上颱風警報發佈時起至解除後24小時內,仍出航從事娛樂漁業活動。 三、戰爭或類似戰爭行為、敵人入侵、內戰、革命、叛亂、捕獲、扣押、拘管、禁制、沒收、充公、徵用、恐怖份子、劫掠行為,包括碰撞及遺棄之水雷、魚雷或遭砲彈擊中者。 四、罷工、暴動或民眾騷擾所致者。 五、核子分裂或輻射作用所致者。 六、各種型態之污染所致者。 七、任何港區之內碰撞所致之財物及其附帶損失。此所謂港區係指漁港或其他經
核准停泊之港澳範圍內之水域。 八、任何港區之內碰撞所致他船人員之傷亡,但無動力之小船、有動力之水上摩
托車、舢舨、及管筏上之人員不在此限。 九、娛樂漁業活動超出主管機關所訂之航行區域,或在公告管制地區內所發生之賠償責任。 十、被保險船舶非法營業、違法使用、違規超載、或其他違反主管機關有關之規定者。 個人保險商品預定費用率
不適用
短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物漁業漁船船員雇主意外責任保險
核准日期及文號 99年 09月 20日新安東京海上 99字第 0552號函備查 承保範圍
本保險契約承保被保險人在保險期間內合法使用或管理檢驗合格適航之漁船,因從事漁撈作業發生意外事故,致船員死亡,失蹤或肢體殘廢時,依法應由被保險
28
人負賠償責任而受賠償請求時,由保險人對被保險人負賠償責任。
不保事項 保險人不保因下列事項所致之賠償責任:
1.被保險人故意行為所致者。
2.戰爭或類似戰爭行為,敵人入侵、內戰、革命、叛亂、補獲、扣押、拘管、禁
制、沒收、充公、徵用、恐怖份子、劫掠行為,包括碰及遺棄之水雷、魚雷或
遭砲彈擊中者。
3.罷工,暴動或民眾騷擾所致者。
4.核子分裂或輻射作用所致者。
5.各種型態之污染所致者。
6.漁撈作業超出主管機關所訂之航行區域,或在公告管制地區內所發生之賠償責
任。
7.任何碰撞所致船舶、碼頭設施、水上浮筒之財物及其附帶損失。
8.被保險漁船非法營業,違法使用,違規超載或其他違反主管機關有關之規定者。
9.被保險漁船因違反國際避碰章程規定所致者。
個人保險商品預定費用率
不適用
短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物陸上貨物運送保險
核准日期及文號 83 年 12 月 14 日台財保第 831522372號函核准(公會版)
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第 09502522257 號令修正 承保範圍
一、甲式 本保險對保險標的物因意外事故所致之毀損或滅失負賠償責任。
二、乙式
本保險對保險標的物因下列危險事故所致之毀損或滅失負賠償責任: (一)火災或爆炸。 (二)運輸工具之翻覆、出軌或意外碰撞。 (三)公路、鐵路、隧道、橋樑及其他交通設施發生傾塌。 不保事項 一、甲式
本保險對下列事項不負賠償責任: (一)由於被保險人之故意行為所致之毀損滅失或費用。 (二)保險標的物之正常漏損、重量或容量之正常減少或自然耗損。 (三)由於被保險人對保險標的物包裝或配置之不固或不當所致之毀損滅失
或費用。 (四)由於貨物裝載違反道路交通安全規定所致之毀損滅失或費用。 (五)由於保險標的物之固有暇疵或本質所致之毀損滅失或費用。 (六)直接由於遲延所致之毀損滅失或費用,即使此項遲延係因承保危險所致
者。 (七)由於運送人之無力償債或財務糾紛所致之毀損滅失或費用。 (八)由於戰爭、內戰、革命、叛亂、罷工、暴動、民眾騷擾或類似行為所致
之毀損滅失或費用。 (九)直接或間接由於下列原因引起或所致之毀損滅失責任或費用:
1.任何核子燃料、核子廢料或核子燃料燃燒所生之電離輻射或輻射污染。
29
2.任何核子設施、反應器或其他核子裝置或其核組件之輻射、有毒、爆炸或其他為害污染物質。
3.任何使用原子或核子分裂、融合或其他類似反應,輻射力或輻射物質之戰爭武器。
二、乙式
本保險對下列事項不負賠償責任: (一)颱風、洪水、海嘯、地震、閃電、火山爆發所致之毀損滅失或費用。。 (二)由於任何人之惡意行為對保險標的物全部或部份之毀損或破壞。 (三)保險標的物於正常運送途中單獨與外物碰撞所致之毀損滅失或費用。。 (四)由於被保險人之故意行為所致之毀損滅失或費用。 (五)保險標的物之正常漏損、重量或容量之正常減少或自然耗損。 (六)由於被保險人對保險標的物包裝或配置之不固或不當所致之毀損滅失
或費用。 (七)由於貨物裝載違反道路交通安全規定所致之毀損滅失或費用。 (八)由於保險標的物之固有暇疵或本質所致之毀損滅失或費用。 (九)直接由於遲延所致之毀損滅失或費用,即使此項遲延係因承保危險所致
者。 (十)由於運送人之無力償債或財務糾紛所致之毀損滅失或費用。 (十一)由於戰爭、內戰、革命、叛亂、罷工、暴動、民眾騷擾或類似行為所
致之毀損滅失或費用。 (十二)直接或間接由於下列原因引起或所致之毀損滅失責任或費用:
1.任何核子燃料、核子廢料或核子燃料燃燒所生之電離輻射、或輻射污染。
2.任何核子設施,反應器或其他核子裝置或其核組件之輻射、有毒、爆炸或其他為害或污染物置。
3.任何使用原子或核子分裂,融合或其他類似反應,輻射力或輻射物質之戰爭武器。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 凡保險期間不足一年或被保險人中途要求退保者,本公司按下列百分比計算保險費:
期 間 按全年保險費百分比(%) 一個月或以下者 15 一個月以上或二個月以下者 25 二個月以上或三個月以下者 35 三個月以上或四個月以下者 45 四個月以上或五個月以下者 55 五個月以上或六個月以下者 65 六個月以上或七個月以下者 75 七個月以上或八個月以下者 80 八個月以上或九個月以下者 85
九個月以上或十個月以下者 90 十個月以上或十一個月以下者 95 十一個月以上者 100
商品名稱:新安東京海上產物陸上貨物運送保險乙式附加條款 核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299041 號函備查
30
條款內容 本附加條款對保險標的物因下列危險事故所致之毀損或滅失負賠償責任:
一、火災或爆炸。
二、運輸工具之翻覆、出軌或意外碰撞。
三、公路、鐵路、隧道、橋樑及其他交通設施發生傾塌。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物陸上貨物運送保險地震附加條款 核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299042 號函備查
條款內容 茲經雙方同意,被保險人加繳約定之保險費後,本公司對於保險標的物直接因地震震動或地震引起火災所致之毀損或滅失,依照本附加條款之規定,負賠償責任。但需受第二條規定之約束,本公司始負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 不適用
商品名稱:新安東京海上產物陸上貨物運送保險竊盜附加條款(適用
於運輸途中)
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299043 號函備查
條款內容 茲經通知並雙方同意,被保險人加繳約定之保險費後,本附加條款加保保險標的物直接因竊盜行為所致之毀損滅失,本公司依照本附加條款之規定負賠償責任。但仍須受第二條及第三條之規定,本公司始負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物陸上貨物運送保險竊盜附加條款(適用
於暫存期間)
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299044 號函備查
條款內容 茲經通知並雙方同意,被保險人加繳約定之保險費後,本附加條款加保保險標的物直接因竊盜行為所致之毀損滅失,本公司依照本附加條款之規定負賠償責任。但仍須受第二條之規定,本公司始負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
31
商品名稱:INSTITUTE CARGO CLAUSES (A)
核准日期及文號 94 年 04 月 01 日新安東京海上(94)字第 1000 號函備查
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第
09502522257 號令修正
承保範圍
1 This insurance covers all risk of loss of or damage to the subject-matter insured
except as provided in clause 4, 5, 6 and 7 below.
Risks
Clause
2 This insurance covers general average and salvage charges, adjusted or determined
according to the contract of affreightment and/or the governing law and practice,
incurred to avoid or in connection with the avoidance of loss from any cause except
those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.
General
Average
Clause
3 This insurance is extended to indemnify the Assured against such proportion of
liability under the contract of affreightment “Both to Blame Collision” Clause as is
in respect of a loss recoverable hereunder. In the event of any claim by
shipowners under the said Clause the Assured agree to notify the Underwriters who
shall have the right, at their own cost and expense, to defend the Assured against
such claim.
“Both to
Blame
Collision”
Clause
不保事項
In no case shall this insurance cover General
4.1 loss damage or expense attributable to willful misconduct of the Assured Exclusions
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of
the subject-matter insured
Clause
4.3 1oss damage or expense caused by insufficiency or unsuitability of packing or
preparation of the subject-matter insured (for the purpose of this Clause 4.3
“packing” shall be deemed to include stowage in a container or liftvan but only
when such stowage is carried out prior to attachment of this insurance or by the
Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured
4.5 loss damage or expense proximately caused by delay, even though the delay be
caused by a risk insured against (except expenses payable under Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default of the owners
managers charters or operators of the vessel
4.7 loss damage or expense arising from the use of any weapon of war employing
atomic or nuclear fission and/or fusion or other like reaction or radioactive force
or matter
5.1 In no case shall this insurance cover loss damage or expense arising from
Unseaworthin
ess
unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container
or liftvan for the safe carriage of the subject-matter insured, where the Assured or
their servants are privy to such unseaworthiness or unfitness, at the time the
subject-matter insured is loaded therein
and Unfitness
Exclusion
Clause
5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of
the ship and fitness of the ship to carry the subject-matter insured to destination,
unless the Assured or their servants are privy to such unseaworthiness or
unfitness
32
In no case shall this insurance cover loss damage or expense caused by War
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or
any hostile act by or against a belligerent power
Exclusion
Clause
6.2 capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat
6.3 derelict mines torpedo bombs or other derelict weapons of war.
In no case shall this insurance cover loss damage or expense Strikes
7.1 Caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
Exclusion
Clause
7.2 Resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3 Caused by any terrorist or any person acting from a political motive
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE INSTITUTE CARGO CLAUSES
(B)
核准日期及文號 100年 06 月 07 日新安東京海上 100字第 0361 號函備查
承保範圍
1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below,
1.1 loss of or damage to the subject-matter insured reasonably attributable to
1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of vessel craft or conveyance with any external object
other than water
1.1.5 discharge of cargo at a port of distress,
1.1.6 earthquake volcanic eruption or lightning,
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison or washing overboard
1.2.3 entry of sea lake or river water into vessel craft hold conveyance container
liftvan or place of storage,
1.3 total loss of any package lost overboard or dropped whilst loading on to, or
unloading from, vessel or craft.
2. This insurance covers general average and salvage charges, adjusted or determined
according to the contract of affreightment and/or the governing law and practice,
incurred to avoid or in connection with the avoidance of loss from any cause
except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.
3. This insurance is extended to indemnify the Assured against such proportion of
liability under the contract of affreightment "Both to Blame Collision" Clause as
is in respect of a loss recoverable hereunder. In the event of any claim by
shipowners under the said Clause the Assured agree to notify the Underwriters
who shall have the right, at their own cost and expense, to defend the Assured
Risks
Clause
General
Average
Clause
"Both to
Blame
Collision"
Clause
33
against such claim.
不保事項
4. In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of packing or
preparation of the subject-matter insured (for the purpose of this Clause 4.3
"packing" shall be deemed to include stowage in a container or liftvan but
only when such stowage is carried out prior to attachment of this insurance or
by the Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured
4.5 loss damage or expense proximately caused by delay, even though the delay
be caused by a risk insured against (except expenses payable under Clause 2
above)
4.6 loss damage or expense arising from insolvency or financial default of the
owners managers charterers or operators of the vessel
4.7 deliberate damage to or deliberate destruction of the subject-matter insured or
any part thereof by the wrongful act of any person or persons
4.7 loss damage or expense arising from the use of any weapon of war employing
atomic or nuclear fission and/or fusion or other like reaction or radioactive
force or matter.
5. 5.1 In no case shall this insurance cover loss damage or expense arising from
unseaworthiness of vessel or craft, unfitness of vessel craft conveyance
container or liftvan for the safe carriage of the subject-matter insured,where
the Assured or their servants are privy to such unseaworthiness or unfitness, at
the time the subject-matter insured is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the subject-matter
insured to destination, unless the Assured or their servants are privy to such
unseaworthiness or unfitness.
6. In no case shall this insurance cover loss damage or expense caused by
6.1war civil war revolution rebellion insurrection, or civil strife arising therefrom,
or any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
General
Exclusions
Clause
Unseaworthiness
and Unfitness
Exclusion
Clause
War
Exclusion
Clause
34
7. In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
7.3 caused by any terrorist or any person acting from a political motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE CARGO CLAUSES (C)
核准日期及文號 94 年 04 月 01 日新安東京海上(94)字第 1000 號函備查
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第
09502522257 號令修正
承保範圍
1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below,
1.1 loss of or damage to the subject-matter insured reasonably attributable to
1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of vessel craft or conveyance with any external object
other than water
1.1.5 discharge of cargo at a port of distress,
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison.
2.This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affreightment and/or the governing
law and practice, incurred to avoid or in connection with the avoidance of loss
from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in
this insurance.
3.This insurance is extended to indemnify the Assured against such proportion
of liability under the contract of affreightment "Both to Blame Collision"
Clause as is in respect of a loss recoverable hereunder. In the event of any
claim by shipowners under the said Clause the Assured agree to notify the
Underwriters who shall have the right, at their own cost and expense, to
defend the Assured against such claim.
不保事項
Strikes
Exclusion
Clause
General
Average
Clause
"Both to
Blame
Collision"
Clause
35
4.In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear
and tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 4.3 "packing" shall be deemed to include stowage in a
container or liftvan but only when such stowage is carried out prior to
attachment of this insurance or by the Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
4.5 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against (except expenses payable
under Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default of
the owners managers charterers or operators of the vessel
4.7 deliberate damage to or deliberate destruction of the subject-matter
insured or any part thereof by the wrongful act of any person or persons
4.8 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter.
5
5.1 In no case shall this insurance cover loss damage or expense
arising from unseaworthiness of vessel or craft, unfitness of vessel
craft conveyance container or liftvan for the safe carriage of the
subject-matter insured,where the Assured or their servants are
privy to such unseaworthiness or unfitness, at the time the
subject-matter insured is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the
subject-matter insured to destination, unless the Assured or their
servants are privy to such unseaworthiness or unfitness.
6.In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat
General
Exclusions
Clause
Unseaworthiness
and Unfitness
Exclusion
Clause
War
Exclusion
Clause
36
Risks
Clause
General
Exclusions
Clause
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7.In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in
labour disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
7.3 caused by any terrorist or any person acting from a political motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:INSTITUTE CARGO CLAUSES (AIR) (excluding
sendings by Post)
核准日期及文號 94 年 04 月 01 日新安東京海上(94)字第 1000 號函備查
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第
09502522257 號令修正
承保範圍
This insurance covers all risks of loss of or damage to the subject-matter insured except
as provided in Clauses 2, 3 and 4 below.
不保事項
2.In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear
of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of packing or
preparation of the subject-matter insured (for the purpose of this Clause 2.3
“packing” shall be deemed to include stowage in a container of liftvan but
only when such stowage is carried out prior to attachment of this insurance or
by the Assured or their servants)
2.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured
2.5 loss damage or expense arising from unfitness of aircraft conveyance
container or liftvan for the safe carriage of the subject-matter insured, where
the Assured or their servants are privy to such unfitness at the time the
subject-matter insured is loaded therein
2.6 loss damage or expense proximately caused by delay, even though the delay
be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default of the
owners managers charterers or operators of the aircraft
Strikes
Exclusion
Clause
37
War
Exclusion
Clause
Strikes
Exclusion
Clause
2.8 loss damage or expense arising from the use of any weapon of war employing
atomic or nuclear fission and/or fusion or other like reaction or radioactive
force or matter.
3. In no case shall this insurance cover loss damage or expense caused by
3.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
3.2 capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat
3.3 derelict mines torpedoes bombs or other derelict weapons of war.
4. In no case shall this insurance cover loss damage or expense
4.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
4.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
4.3 caused by any terrorist or any person acting from a political motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: INSTITUTE CARGO CLAUSE (A) 1/1/2009
核准日期及文號 99年 04月 23日新安東京海上 99字第 022105號函備查
承保範圍
1. This insurance covers all risks of loss of or damage to the
subject-matter insured except as excluded by the provisions of
Clauses 4, 5 ,6 and 7 below.
Risks
2. This insurance covers general average and salvage charges,
adjusted or determined according to the contract of carriage
and/or the governing law and practice, incurred to avoid or in
connection with the avoidance of loss from any cause except
those excluded in Clauses 4, 5 , 6 and 7 below.
General
Average
3. This insurance indemnifies the Assured, in respect of any risk
insured herein, against liability incurred under any Both to Blame
Collision Clause in the contract of carriage. In the event of any
claim by carriers under the said Clause, the Assured agree to
notify the insurers who shall have the right, at their own cost and
expense, to defend the Assured against such claim.
"Both to Blame
Collision
Clause"
不保事項
38
4.In no case shall this insurance cover General
4.1 loss damage or expense attributable to wilful misconduct of the Assured Exclusions
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of
the subject-matter insured
Clause
4.3 loss damage or expense caused by insufficiency or unsuitability of packing or
preparation of the subject-matter insured to withstand the ordinary incidents of
the insured transit where such packing or preparation is carried out by the
Assured or their employees or prior to the attachment of this insurance (for the
purpose of these Clauses “packing” shall be deemed to include stowage in a
container and “employees” shall not include independent contractors)
4.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured
4.5 loss damage or expense caused by delay, event though the delay be caused by a
risk insured against (except expenses payable under Clause 2 above)
4.6 loss damage or expense caused by insolvency or financial default of the owners
managers charterers or operators of the vessel where, at the time of loading of the
subject-matter insured on board the vessel, the Assured are aware, or in the
ordinary course of business should be aware, that such insolvency or financial
default could prevent the normal prosecution of the voyage.
This exclusion shall not apply where the contract of insurance has been assigned
to the party claiming hereunder who has bought or agreed to buy the
subject-matter insured in good faith under a binding contract
4.7 loss damage or expense directly or indirectly caused by or arising from the use of
any weapon or device employing atomic or nuclear fission and/or fusion or other
like reaction or radioactive force or matter.
5 5.1 In no case shall this insurance cover loss damage or expense arising from
5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for
the safe carriage of the subject-matter insured, where the Assured
are privy to such unseaworthiness or unfitness, at the time the
subject-matter insured is loaded therein
5.1.2 unfitness of container or conveyance for the safe carriage of the
subject-matter insured, where loading therein or thereon is carried
out prior to attachment of this insurance or by the Assured or their
employees and they are privy to such unfitness at the time of
loading.
5.2 Exclusions 5.1.1 above shall not apply where the contract of insurance has
been assigned to the party claiming hereunder who has bought or agreed to
buy the subject-matter insured in good faith under a binding contract.
5.3 The Insurers waive any breach of the implied warranties of seaworthiness of
the ship and fitness of the ship to carry the subject-matter insured to
destination.
6 In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom,
or any hostile act by or against a belligerent power.
6.2 capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat.
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7.In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour
39
disturbances, riots or civil commotions.
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions.
7.3 caused by any act of terrorism being an act of any person acting on behalf of, or
in connection with, any organization which carries out activities directed towards
the overthrowing or influencing, by force or violence, of any government whether
or not legally constituted
7.4 caused by any person acting from a political, ideological, or religious motive
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE CARGO CLAUSE (B) 1/1/2009
核准日期及文號 99年 04月 23日新安東京海上 99字第 022106 號函備查
承保範圍
1. This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and
7 below,
1.1 loss of or damage to the subject-matter insured reasonably attributable to
1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of vessel craft or conveyance with any external
object other than water
1.1.5 discharge of cargo at a port of distress
1.1.6 earthquake volcanic eruption or lightning,
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison or washing overboard
1.2.3 entry of sea lake or river water into vessel craft hold conveyance
container or place of storage,
1.3 total loss of any package lost overboard or dropped whilst loading on to, or
unloading from, vessel or craft.
2. This insurance covers general average and salvage charges, adjusted or
determined according to the contract of carriage and/or the governing law and
practice, incurred to avoid or in connection with the avoidance of loss from any
cause except those excluded in Clauses 4, 5, 6 and 7 below.
3. This insurance indemnifies the Assured, in respect of any risk insured herein,
against liability incurred under any Both to Blame Collision Clause in the
contract of carriage. In the event of any claim by carriers under the said Clause,
the Assured agree to notify the Insurers who shall have the right, at their own cost
and expense, to defend the Assured against such claim.
不保事項
4. In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of
the Assured
4 4.2 ordinary leakage, ordinary loss in weight or volume, or
5 ordinary wear and tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or
Risks
General
Average
"Both to
Blame
Collision"
Clause
40
unsuitability of packing or preparation of the subject-matter
insured to withstand the ordinary incidents of the insured
transit where such packing or preparation is carried out by
the Assured or their employees or prior to the attachment of
this insurance (for the purpose of these Clauses “packing”
shall be deemed to include stowage in a container and
“employees” shall not include independent contractors)
4.4 loss damage or expense caused by inherent vice or nature o
o of the subject-matter insured
4. 4.5 loss damage or expense caused by delay, event though the
delay be caused by a risk insured against (except expenses
payable under Clause 2 above)
4 4.6 loss damage or expense caused by insolvency or financial
default of the owners managers charterers or operators of the
vessel where, at the time of loading of the subject-matter
insured on board the vessel, the Assured are aware, or in the
ordinary course of business should be aware, that such
insolvency or financial default could prevent the normal
prosecution of the voyage.
This exclusion shall not apply where the contract of insurance
has been assigned to the party claiming hereunder who has
bought or agreed to buy the subject-matter insured in good
faith under a binding contract
4.7 deliberate damage to or deliberate destruction of the
subject-matter insured or any part thereof by the wrongful act
of any person or persons
4.8 loss damage or expense directly or indirectly caused by or a
rising from the use of any weapon or device employing atomic
or nuclear fission and/or fusion or other like reaction or
radioactive force or matter.
5 5.1 In no case shall this insurance cover loss damage or expense
arising from
5.1.1 unseaworthiness of vessel or craft or unfitness of vessel
or craft for the safe carriage of the subject-matter insured,
where the Assured are privy to such unseaworthiness or
unfitness, at the time the subject-matter insured is loaded
therein
5.1.2 unfitness of container or conveyance for the safe carriage
of the subject-matter insured, where loading therein or
thereon is carried out prior to attachment of this insurance
or by the Assured or their employees and they are
privy to such unfitness at the time of loading.
5.2 Exclusions 5.1.1 above shall not apply where the contract of
insurance has been assigned to the party claiming hereunder
who has bought or agreed to buy the subject-matter insured in
good faith under a binding contract.
5.3 The Insurers waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the
subject-matter insured to destination.
6.In no case shall this insurance cover loss damage or expense caused
by
6.1 war civil war revolution rebellion insurrection, or civil strife
41
arising therefrom, or any hostile act by or against a belligerent
power.
6.2 capture seizure arrest restraint or detainment (piracy excepted),
and the consequences thereof or any attempt thereat.
6.3 derelict mines torpedoes bombs or other derelict weapons of
war.
7.In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part
in la in labour disturbances, riots or civil commotions.
7.2 resulting from strikes, lock-outs, labour disturbances, riots or
civil commotions.
7.3 caused by any act of terrorism being an act of any person acting
on behalf of, or in connection with, any organization which
carries out activities directed towards the overthrowing or
influencing, by force or violence, of any government whether or
not legally constituted
7.4 caused by any person acting from a political, ideological, or
religious motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: INSTITUTE CARGO CLAUSE (C) 1/1/2009
核准日期及文號 99 年 04 月 23 日新安東京海上 99 字第 022107 號函備查
承保範圍
1. This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7
below,
1.1 loss of or damage to the subject-matter insured reasonably attributable to
1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of vessel craft or conveyance with any external
object other than water
1.1.5 discharge of cargo at a port of distress,
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison.
2. This insurance covers general average and salvage charges, adjusted or
determined according to the contract of carriage and/or the governing law and
practice, incurred to avoid or in connection with the avoidance of loss from any
cause except those excluded in Clauses 4, 5, 6 and 7 below.
General
Average
Clause
42
3. This insurance indemnifies the Assured, in respect of any risk insured herein,
against liability incurred under any Both to Blame Collision Clause in the
contract of carriage. In the event of any claim by carriers under the said Clause,
the Assured agree to notify the Insurers who shall have the right, at their own
cost and expense, to defend the Assured against such claim.
不保事項
4. In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
6 4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of
7 the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of packing or
preparation of the subject-matter insured to withstand the ordinary incidents of
the insured transit where such packing or preparation is carried out by the
Assured or their employees or prior to the attachment of this insurance (for the
purpose of these Clauses “packing” shall be deemed to include stowage in a
container and “employees” shall not include independent contractors)
4.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured
4. 4.5 loss damage or expense caused by delay, event though the delay be caused by a
risk insured against (except expenses payable under Clause 2 above)
4.6 loss damage or expense caused by insolvency or financial default of the owners
managers charterers or operators of the vessel where, at the time of loading of the
subject-matter insured on board the vessel, the Assured are aware, or in the
ordinary course of business should be aware, that such insolvency or financial
default could prevent the normal prosecution of the voyage.
This exclusion shall not apply where the contract of insurance has been assigned to
the party claiming hereunder who has bought or agreed to buy the subject-matter
insured in good faith under a binding contract
4.7 deliberate damage to or deliberate destruction of the subject-matter insured or any
part thereof by the wrongful act of any person or persons
4.8 loss damage or expense directly or indirectly caused by or arising from the use of
any weapon or device employing atomic or nuclear fission and/or fusion or other
like reaction or radioactive force or matter.
5 5.1 In no case shall this insurance cover loss damage or expense arising from
5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe
carriage of the subject-matter insured, where the Assured are privy to such
unseaworthiness or unfitness, at the time the subject-matter insured is loaded
therein
5.1 5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter
insured, where loading therein or thereon is carried out prior to attachment of
this insurance or by the Assured or their employees and they are privy to such
unfitness at the time of loading.
5.2 Exclusions 5.1.1 above shall not apply where the contract of insurance has been
assigned to theparty claiming hereunder who has bought or agreed to buy the
subject-matter insured in good faith under a binding contract.
5.3 The Insurers waive any breach of the implied warranties of seaworthiness of the
ship and fitness of the ship to carry the subject-matter insured to destination.
6 In no case shall this insurance cover loss damage or expense caused by
6.1war civil war revolution rebellion insurrection, or civil strife arising therefrom, or
any hostile act by or against a belligerent power.
6.2 capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat.
"Both to
Blame
Collision"
Clause
43
Risks
Salvage
Charges
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7 In no case shall this insurance cover loss damage or expense
7.1caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions.
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions.
7.3 caused by any act of terrorism being an act of any person acting on behalf of, or in
connection with, any organization which carries out activities directed towards the
overthrowing or influencing, by force or violence, of any government whether or
not legally constituted
7.4 caused by any person acting from a political, ideological, or religious motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE CARGO CLAUSE (AIR) (excluding sendings
by Post) 1/1/2009
核准日期及文號 99 年 04 月 23 日新安東京海上 99 字第 022108 號函備查
承保範圍
1 This insurance covers all risks of loss of or damage to the subject-matter insured
except as excluded by the provisions of Clauses 3, 4 and 5 below.
2 This insurance covers salvage charges incurred to avoid or in connection with the
avoidance of loss from any cause except those excluded in Clauses 3, 4 and 5
below.
不保事項
3 In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear
of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing or
preparation of the subject matter insured to withstand the ordinary incidents of
the insured transit where such packing or preparation is carried out by the
Assured or their employees or prior to the attachment of this insurance (for the
purpose of these Clauses "packing" shall be deemed to include stowage in a
container and "employees" shall not include independent contractors)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured
3.5 loss damage or expense arising from unfitness of aircraft conveyance or
container for the safe carriage of the subject-matter insured, where loading
therein or thereon is carried out prior to attachment of this insurance or by the
Assured or their employees and they are privy to such unfitness at the time of
loading. This exclusion shall not apply where the contract of insurance has
been assigned to the party claiming hereunder who has bought or agreed to buy
the subject-matter insured in good faith under a binding contract.
3.6 loss damage or expense caused by delay, even though the delay be caused by a
risk insured against
3.7 loss damage or expense caused by insolvency or financial default of the
44
owners managers charterers or operators of the aircraft where, at the time of
loading of the subject-matter insured on board the aircraft, the Assured are
aware, or in the ordinary course of business should be aware, that such
insolvency or financial default could prevent the normal prosecution of the
transit.
This exclusion shall not apply where the contract of insurance has been
assigned to the party claiming hereunder who has bought or agreed to buy the
subject-matter insured in good faith under a binding contract
3.8 loss damage or expense directly or indirectly caused by or arising from the use
of any weapon or device employing atomic or nuclear fission and/or fusion or
other like reaction or radioactive force or matter.
4 In no case shall this insurance cover loss damage or expense caused by
4.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom,
or any hostile act by or against a belligerent power
4.2 capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat
4.3 derelict mines torpedoes bombs or other derelict weapons of war.
5 In no case shall this insurance cover loss damage or expense
5.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
5.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
5.3 caused by any act of terrorism being an act of any person acting on behalf of,
or in connection with, any organisation which carries out activities directed
towards the overthrowing or influencing, by force or violence, of any
government whether or not legally constituted
5.4 caused by any person acting from a political, ideological or religious motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:50/50 Clause
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276001 號函備查
承保範圍
Upon arrival at the Contract site all Insured property supplied intended to be part of the
contract, which is packed or crated should be visually inspected for signs of possible
damage. If any sign of damage is visible the items are to be unpacked immediately and
further inspected and reported to Marine Cargo Insurers. Such a loss or damage
discovered is excluded by this policy.
Where no sign of loss or damage to the packing exists any damage to the goods which
subsequently becomes evident upon their unpacking within the period allowed will be
ascribed to the Marine cover or the Contract Works cover according to whether it is
clear that it was caused before or after arrival of the property at the Contract Site. If it is
not possible to establish whether the damage was caused before or after arrival of the
goods at the Contract Site it is agreed that settlement will be made on a 50%/50% basis
45
between the Marine Cover and Contract Works Cover.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:Accumulation Clause – A version wording
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97字第 0276002號函備查
承保範圍
The vessel and conveyance limits of liability expressed herein shall not apply in the
event of or during transshipment or after the arrival of the oversea vessel or conveyance
at the port or place of discharge provided always the accumulation of interests beyond
such limits of liability shall have arisen in the ordinary course of transit from
circumstances beyond the control of the Assured.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:Accumulation Clause– B version wording
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276003號函備查
承保範圍
The limit of liability expressed herein shall not apply in the event of accumulation of
shipments in one port or place during transit due to circumstances outside the Insured’s
control.
Underwriters agree to cover the excess amount up to the full value at risk, provided
notice should be given in all such cases as soon as known to the Insured, but in no event
shall liability exceed XXX the limits of liability expressed herein.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:ACCUMULATION CLAUSE– C VERSION WORDING
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276004號函備查
46
承保範圍
Should there be an accumulation of interest beyond the limits expressed in this policy
by reason of any interruption of transit and/or at a transshipping point and/or on a
connecting steamer, aircraft or conveyance, the policy shall hold covered such
accumulation of interest and the Insurer shall be liable for the full amount at risk, but in
no event to exceed XXX of said policy limit, provided notice will be given to the
Insurers as soon as known to the assured.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:ADJUSTED CLAIM CLAUSE-XX DAYS
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276005號函備查
承保範圍
Loss, if any, payable as provided herein, within xx days after filing all proof-of-loss
required by Assurer for adjusted claims.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:AIRFREIGHT REPLACEMENT CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276006 號函備查
承保範圍
In the event of loss of or damage to the goods Underwriters are to pay the cost of
air-freighting the damaged parts to manufacturers for repair and return, or the
air-freighting of replacement parts from manufacturers and/or suppliers to destination.
Notwithstanding that the goods lost or damaged were not originally dispatched by air
freight. Provided always that in no case shall the liability of Underwriters exceed the
insured value of the complete item.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:BRANDS OR TRADEMARKS CLAUSE
47
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276007 號函備查
承保範圍
In the case of damage to property bearing or trademark, or the sale of which carries or
implies a guarantee, the salvage value of such damaged property shall be determined
after the removal of all brands or trademarks; in the event the brand or trademarks
cannot be removed from container, the contents shall be transferred to plain bulk
containers. With respect to any property and/or package where it is impractical to
destroy all evidence of the Assured`s connection therewith, Assurers agree to consult
and cooperate with the Assured with respect to the disposition of said property and/or
package. Should it become necessary to destroy the property and/or package, the
Assured shall give Assurers the opportunity to have a representative in attendance. All
reasonable expenses incidental to the removal of brands or trademarks, or destruction of
the property and/or package, if necessary, shall be part of the claim.
This Policy covers damage to trade marked cartons, but claims payable hereunder shall
be limited to an amount sufficient to pay the cost of new cartons, including forwarding
charges of the new cartons and charges of repacking.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:BUYER’S INTEREST CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276008 號函備查
承保範圍
If required this policy extends to cover Buyer’s Interest. Claims in respect of loss of or
damage to the goods shall be payable hereunder in the event that the seller fails to
provide coverage as required under the sale/purchase contract and/or if the Seller’s
policy fails to pay for such lost or damaged goods as covered under the terms and
conditions of their Insurance Policy or Certificates.
Underwriters to be subrogated to the Assured’s rights against Seller as well as other.
The assignment of this Policy or of any interest of claim hereunder is prohibited.
The Assured undertakes to prosecute his claim against the Seller or under such policies
as if this insurance was not in existence and the fact that the goods are already insured
shall not be deemed to be double insurance.
Warranted that the existence of this cover remain undisclosed.
48
Shipments declared under this Clause to be subject to a rate equivalent to one-quarter of
that applicable to similar shipments declared on a “primary” basis.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:BUYER’S SELLER’S CONTINGENCY CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276009 號函備查
承保範圍 Interest sold by the Assured without benefit of insurance under this Policy is covered to
the extent that the Assured is unable to collect payment for lost or damaged interest
provided that such loss or damage would have been recoverable hereunder but for the
existence of other insurance. Interest purchased by the Assured without benefit of
insurance under this Policy is covered to the extent that the Assured is unable to collect
claim for lost or damaged interest from other insurers provided that such loss or
damage would have been recoverable hereunder but for the existence of other
insurance.
This Policy shall also pay for loss or damage in the event that, and to the extent that
other parties responsible to insure fail to do so or where such insurance fails to respond
to the extent that such loss or damage would have been recoverable hereunder but for
the existence of other insurance.
Subject to the following:
1. Warranted that cover under this clause shall be for the benefit of the named
Assured only and cover ceases to operate in the event that there be any other
insurance covering the said goods.
2. Warranted that the existence of this contingency insurance shall not be
disclosed to the customer, or any other party interested in the consignment.
3. The Insured is free from any liability caused by any other party/ies are
unintentional and/or inadvertent omission or error to fulfill the responsibility of
insurance.
4. It is a condition of this clause that the Assured must give immediate notice to the
Company of any occurrence whereby the risk and/or property in the goods
remains with, or reverts to, the Assured.
5. It is a condition of this clause that evidence of the terms and conditions of the
contract of sale shall be submitted in substantiation of any claim made hereunder.
6. It is a condition of this clause that the Assured must use all reasonable and usual
care, skill and forethought and take all practical measures, including measures
which may be required by the Company, to enforce the contract of sale, and in the
event that the legal ownership and or property in the goods remains with or
reverts to the Assured to prevent or minimize loss.
49
All rights and benefits against any other party/ies or person/s are to be subrogated to the
Company.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:CARE, CUSTODY AND CONTROL CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276010 號函備查
承保範圍
This insurance extends to cover lawful property of others, excluding fixed assets, which
falls within the scope of the goods insured, while in the Assured’s care, custody and
control for which the insured may be legally obligated to pay as damage because of
damage to or destruction of property arising out of perils insured against. It is a
condition precedent of this insurance that this insurance shall not inure, directly or
indirectly, to the benefit of any carrier or bailee.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:CARGO ISM ENDORSEMENT
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276011 號函備查
承保範圍
In no case shall this insurance cover loss, damage or expense where the subject matter
insured is carried by a vessel that is not ISM Code certified or whose owners or
operates do not hold an ISM Code Document of Compliance when, at the time of
loading of the subject matter insured on board the vessel, the Assured were aware, or in
the ordinary course of business should have been aware:
a) Either that such vessel was not certified in accordance with the ISM Code.
b) Or that a current Document of Compliance was not held by her owners or
operators.
As required under the SOLAS Convention 1974 as amended.
This exclusion shall not apply where this insurance has been assigned to the party
claiming hereunder who has bought or agreed to buy the subject matter insured in good
faith under a binding contract.
不保事項
50
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:CUTTING CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276012 號函備查
承保範圍
In the event of damage or breakage caused by an insured peril it is agreed that the
damaged, broken length or portion shall be cut off, the remaining length or portion be
considered as sound and the Company shall be liable only for the insured value of the
length or portion which has been lost by being broken off or cut off. In addition, the
Company shall be liable for the cost of cutting.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:DEFERRED UNPACKING CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276013 號函備查
承保範圍
It is mutually agreed that the Company shall be also liable for loss of or damage to the
insured cargo consigned to the final destination or premises as named in the policy
which is found at the time of deferred unpacking and caused by the perils insured
against herein during the insured voyage and /or inland transit provided, however, such
deferred unpacking be limited to xx days after arrival of the cargo at the named
premises.
This clause shall not be construed as an extension of the insured period, so the
Company shall not be liable for loss or damage which may occur after the cargo has
arrived at the name premises.
Warranted that upon arrival of the insured cargo at the final destination or premises as
named herein if any damaged/abnormal condition is apparent to the external package(s),
an immediate notice of it should be given to the Company by the Assured.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
51
商品名稱:DUTY CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276014 號函備查
承保範圍
To pay partial loss sustained on duty imposed on the goods insured hereunder, by
reason of the perils insured against, but subject to the policy terms of average; also to
pay total loss if the goods are totally lost in accordance with the policy terms after the
duty is paid. In case of the insured amount of duty stated herein being in excess of the
full amount of duty imposed on the goods insured hereunder according to the relevant
regulations when they arrive at the final port of discharge shall not exceed the amount
of actual loss of duty.
In case of the insured amount of duty stated herein being loss than the full amount of
duty mentioned above, this company’s liability shall not exceed such proportion of the
loss sustained on duty as the former bears to the latter.
The assured shall, when this company so elects, surrender the goods to the customs
authorities and avoid duty payment, and in case of any reduction in duty the amount so
reduced shall be deducted in settling any loss for which this company may be liable.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:EXCLUDING RUST, OXIDIZATION, DISCOLORATION AND
WATER DAMAGE RISK CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276015 號函備查
承保範圍
Notwithstanding the provision in the insurance contract attached hereto. It is special
understood and agreed that this clause excludes any loss of or damage to the goods
hereby insured whichever has been caused by Rust, Oxidization, Discoloration (R.O.D.)
and Water Damage risk.
In no case shall this company be not liable to pay any loss or damage occurring R.O.D.
and water damage stated in this contract.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
52
商品名稱:EXHIBITION CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276016 號函備查
承保範圍
1. In Consideration of premium charged, this policy is extended to cover the insured
property while located at exhibits in , , , , ,
prior to exhibition, while on exhibition and during preparation for return or ongoing
shipment for the period as arranged.
2. This endorsement insures such property while on exhibition or demonstration
against All Risks of direct physical loss or damage from any external cause, except
as hereinafter excluded.
3. This endorsement does not cover against:
a. Loss or damage caused by faulty operation.
b. Ordinary wear and tear and/or gradual deterioration.
c. Loss or damage to electrical appliances or devices of any kind including
wiring, arising from electrical injury or disturbances to the said electrical
appliances or devices or wiring from artificial causes unless fire or other
accident ensues, and then only for loss or damage from such ensuing fire or
other accidents.
d. Infidelity or fraud by persons to whom the property is entrusted. (carriers for hire
excepted)
e. War, invasion, acts of foreign enemies, hostilities, (whether war to be declared
or not), civil war, rebellion, revolution, insurrection, military or usurped power,
martial law, confiscation or nationalization or requisition or destruction of or
damage to property by or under the order of any government or public or local
authority.
f. Loss or damage caused by nuclear reaction or nuclear radiation or radioactive
contamination, all whether controlled or uncontrolled and whether such loss
be direct or indirect, proximate or remote, or be in whole or in part caused by,
contributed to, or aggravated by the perils insured against in this policy,
however, subject to the foregoing and all provisions of this policy, direct loss
by fire resulting from nuclear reaction or nuclear radiation or radioactive
contamination is insured against by this policy.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
53
商品名稱:EXTENDED TO COVER INSTALLATION RISKS
CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276017 號函備查
承保範圍
Notwithstanding the provisions of the Transit Clause of Institute Cargo Clauses〈All
Risks〉〈or the Institute Air Cargo Clauses 〈All Risks〉,it is specially noted and agreed
that this policy extend to cover the subject-matter insured either
a. On delivery at the final destination and/or consignee’s assigned location after
completion of installation with the consignee’s inspection, or
b. On the expiry of 1day for completion of the installation.
Whichever shall first occur.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:F.O.B. ENDORSEMENT
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276018 號函備查
承保範圍
It is hereby understood and agreed that this policy is extended to cover, subject to its
terms and conditions, goods and/or merchandise sold on F.O.B., F.A.S., or similar terms
whereby marine insurance is effected by the buyer. This insurance attaches from
commencement of transit at the Assured’s plant or other place of shipment and
terminates when the Assured’s interest ceases but not later than the time the goods
and/or merchandise are laden on board the vessel, or at time of transfer of title,
whichever shall first occur.
This insurance includes any lighter age, and for not exceeding twenty-one days while
held at terminals, on wharves, piers, docks, quays, storage barges, boats and lighters
while awaiting loading on board the vessel or held covered at an additional premium if
required, provided prompt notice is given the Company.
This insurance, however, is not to attach as respects any goods and/or merchandise if, at
the time of loss or damage, there is any other insurance which would attach if the
coverage provided under the endorsement had not been effected, except that this
insurance shall apply only as excess and in no even as contributing insurance and then
only after all other insurance has been exhausted. Nevertheless, any direct loss
sustained by the assured otherwise recoverable hereunder shall be advanced as a loan
54
without interest repayable out of any recovery the assured may receive out of such
other insurance.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:FRESH WATER CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276019 號函備查
承保範圍
To cover loss or damage directly caused by rain and/or fresh water, but no claim to
attach hereto unless packages show external signs of Such damage to contents, and
notice of loss is given immediately upon the expiry of this policy. Warranted that no
claim shall be paid under this policy unless supported by a survey report issued by a
surveyor appointed by the Insurer’s agents at destination.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:FROZEN MEAT CLAUSES (A) – 24 HOURS BREAKDOWN(NOT
SUITABLE FOR CHILLED, COOLED OR FRESH MEAT)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276020 號函備查
承保範圍
1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below.
1.1 all risks of loss of or damage to the subject-matter insured, other than loss or
damage resulting from any variation in temperature howsoever caused,
1.2 loss of or damage to the subject-matter insured resulting from any variation
in temperature attributable to
1.2.1 breakdown of refrigerating machinery resulting in its stoppage for a
period of not less than 24 consecutive hours
1.2.2 fire or explosion
1.2.3 vessel or craft being stranded grounded sunk or capsized
1.2.4 overturning or derailment of land conveyance
1.2.5 collision or contact of vessel craft or conveyance with any external
object other than water
1.2.6 discharge of cargo at a port of distress.
2. This insurance covers general average and salvage charges, adjusted or
Risks
Clause
General
Average
Clause
55
determined according to the contract of affreightment and/or the governing law and
practice, incurred to avoid or in connection with the avoidance of loss from any cause
except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.
3. This insurance is extended to indemnify the Assured against such proportion of
liability under the contract of affreightment “Both to Blame Collision” clause as is in
respect of a loss recoverable hereunder. In the event of any claim by shipowners
under the said Clause the Assured agree to notify the Underwriters who shall have the
right, at their own cost and expense, to defend the Assured against such claim.
不保事項
4. In no case shall this insurance cover
4.1 loss damage or expense attributable to willful misconduct of the
Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear
and tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 4.3 “Packing” shall be deemed to include stowage in a
container or liftvan but only when such stowage is carried out
prior to attachment of this insurance or by the Assured or their
servants)
4.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured (except loss damage or expense resulting from
variation in temperature specifically covered under Clause 1.2 above)
4.5 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against (except expenses payable
under Clause 2 above)
4.6 loss damage or expense caused by insolvency or financial default of
the owners managers charters or operators of the vessel where, at the
time of loading of the subject-matter insured on board the vessel, the
Assured are aware, or in the ordinary course of business should be
aware, that such insolvency or financial default could prevent the
normal prosecution of the voyage. This exclusion shall not apply
where this insurance has been assigned to the party claiming hereunder
who has bought or agreed to buy the subject-matter insured in good
faith under a binding contract
4.7 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter
4.8 loss damage or expense on shore caused directly or indirectly by
earthquake, volcanic eruption and/or fire resulting therefrom.
4.9 loss damage or expense arising from any failure of the Assured or their
servants to take all reasonable precautions to ensure that the
“Both to
Blame Collision”
Clause
56
subject-matter insured is kept in refrigerated or, where appropriate,
properly insulated and cooled space.
5.
5.1 In no case shall this insurance cover loss of or damage or expense
arising from
5.1.1 unseaworthiness of vessel or craft, or unfitness of vessel or
craft for the safe carriage of the subject-matter insured, where the
Assured are privy to such unseaworthiness or unfitness, at the
time the subject-matter insured is loaded therein.
5.1.2 Unfitness of container liftvan or land conveyance for the safe
carriage of the subject-matter insured, where loading therein is
carried out prior to attachment of this insurance or by the
Assured or their servants.
5.2 Where this insurance has been assigned to the party claiming hereunder
who has bought or agreed to buy the subject-matter insured in good
faith under a binding contract, exclusion 5.1.1 above shall not apply.
5.3 The Underwriters waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the subject
matter insured to destination.
6. In no case shall this insurance cover loss of or damage or expense caused by
6.1 war, civil war, revolution rebellion insurrection or civil strife arising
therefrom, or any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment (piracy excepted) and the
consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7. In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in
labour disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
7.3 any terrorist or any person acting from a political motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:HIGHWAY TRANSPORTATION CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276021 號函備查
Unseaworth
iness and
Unfitness
Exclusion
Clause
War
Exclusion
Clause
Strikes
Exclusion
Clause
57
承保範圍
Risks attach from the time the goods are loaded on the carrying motor truck at the place
as named in the policy, for the commencement of the transit and continue in due course
of transportation until safe arrival of the carrying motor truck at depot, station, store or
consignee's warehouse at the destination named in the policy.
This insurance covers loss or damage caused by breakdown of highway, tunnels &/or
bridge and fire, earthquake, windstorm, flood, lightning, explosion, overturning &/or
collision of the carrying motor truck and including the risk of fire whilst in transit &/or
awaiting delivery (while in the custody of a common carrier) at highway depots, station,
garage &/or platforms incidental to transportation, but such risk of fire not to continue
for a period longer than xx (xx) days at any one point.
Warranted, free from loss or damage resulting from rain, hail, snow, theft, piracy,
robbery, riot, civil commotion, brigandage and war risk. Excluding the risks of delay
&/or deterioration.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:HIGHWAY TRANSPORTATION CLAUSE (ALL
RISKS)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276022 號函備查
承保範圍
This insurance attaches from the time the insured interest is loaded on the carrying
motor vehicle at the place named in the policy to the commencement of transit, and is
continuous in due course of transportation until safe arrival of the carrying motor truck
at the depot, station, store or the consignees warehouse at the destination named in the
policy but not for a period longer than xx (xx) days.
This insurance covers against all risks of physical loss of or damage to the insured
interest from any external cause, but shall in no case be deemed to extend to include
loss of or damage to the insured interest proximately caused by delay or inherent vice
or nature or gradual deterioration.
This insurance excludes loss or damage resulting from war risks, and theft by any
person or persons in the Assureds service or employment.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
58
商品名稱:IMPORTANT CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276023 號函備查
承保範圍
PROCEDURE IN THE EVENT OF LOSS OR DAMAGE FOR WHICH
UNDRWRITERS MAY BELIABLE LIABILITY OF CARRIERS, BAILEES OR
OTHER THIRD PARTIES
It is the duty of the Assured and their Agents, in all cases, to take such measures as may
be reasonable for the purpose of averting or minimizing a loss and to ensure that all
rights against Carriers, Bailees or other third parties are properly preserved and
exercised. In particular, the Assured or their Agents are required :
1. To claim immediately on the Carriers, Post Authorities or other Bailees for any
missing packages.
2. In no circumstances, except under written protest, to give clean receipts where
goods are in doubtful condition.
3. When delivery is made by Container, to ensure that the Container and its seals are
examined immediately by their responsible official.
If the Container is delivered damaged or with seals broken or missing or with seals
other than as stated in the shipping documents, to clause the delivery receipt
accordingly and retain all defective or irregular seals for subsequent identification
4. To apply immediately for survey by Carriers’ or other Bailees’ Representatives if
any loss or damage be apparent and claim on the Carriers or other Bailees for any
actual loss or damage found at such survey.
5. To give notice in writing to the Carriers or other Bailees within 3 days of delivery
if the loss or damage was not apparent at time of taking delivery.
NOTE : The Consignees or their Agents are recommended to make themselves familiar
with the Regulations of the Port Authorities at the port of discharge.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE FROZEN FOOD
CLAUSES(C)(EXCLUDING FROZEN MEAT)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276024 號函備查
承保範圍
1. RISKS COVERED
This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below.
1.1 loss of or damage to the subject-matter insured attributable to
1.1.1 fire or explosion
Risks
Clause
59
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of vessel craft or conveyance with any external
object other than water
1.1.5 discharge of cargo at a port of distress,
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison
2. This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affreightment and/or the governing law and
practice, incurred to avoid or in connection with the avoidance of loss from any cause
except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.
3. This insurance is extended to indemnify the Assured against such proportion of
liability under the contract of affreightment “Both to Blame Collision” clause as is in
respect of a loss recoverable hereunder. In the event of any claim by shipowners
under the said Clause the Assured agree to notify the Underwriters who shall have the
right, at their own cost and expense, to defend the Assured against such claim.
不保事項
4. EXCLUSIONS
In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear
and tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of
packing or preparation of the subject-matter insured (for the purpose of
this Clause 4.3 “Packing” shall be deemed to include stowage in a
container or liftvan but only when such stowage is carried out prior to
attachment of this insurance or by the Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
4.5 loss damage or expense proximately caused by delay, even though the
delay be caused by a risk insured against (except expenses payable under
Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default of
the owners managers charters or operators of the vessel
4.7 deliberate damage to or deliberate destruction of the subject-matter
insured or any part thereof by the wrongful act of any person or persons
4.8 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter.
General
Average
Clause
“Both to
Blame
Collision
”
Clause
General
Exclusions
Clause
60
4.9 loss damage or expense arising from any failure of the Assured or their
servants to take all reasonable precautions to ensure that the
subject-matter insured is kept in refrigerated or, where appropriate,
properly insulated and cooled space
4.10 any loss damage or expense otherwise recoverable hereunder unless
prompt notice thereof is given to the Underwriters and, in any event, not
later than 30 days after the termination of this insurance
5.
5.1 In no case shall this insurance cover loss of or damage or expense arising
from unseaworthiness of vessel or craft, unfitness of vessel craft
conveyance container or liftvan for the safe carriage of the subject-matter
insured, where the Assured or their servants are privy to such
unseaworthiness or unfitness, at the time the subject-matter insured is
loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the subject-matter
insured to destination, unless the Assured or their servants are privy to
such unseaworthiness or unfitness.
6. In no case shall this insurance cover loss of or damage or expense caused by
6.1 war, civil war, revolution rebellion insurrection or civil strife arising
therefrom or any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment and the consequences thereof
or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7. In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
7.3 any terrorist or any person acting from a political motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE CARGO CLAUSE (ALL RISKS)
核准日期及文號 99 年 04 月 23 日新安東京海上 99 字第 022101 號函備查
承保範圍
Unseaworthiness and
Unfitness
Clause
War
Exclusion
Clause
Strikes
Exclusion
Clause
61
1. This insurance attaches from the time the goods leave the warehouse or place of
storage at the place named in the policy for the commencement of the transit,
continuesduring the ordinary course of transit and terminates either on delivery
(a) to the Consignees' or other final warehouse or place of storage at the
destination named in the policy,
(b) to any other warehouse or place of storage, whether prior to or at the
destination named in the policy, which the Assured elect to use either
(i) for storage other than in the ordinary course of transit
or
(ii) for allocation or distribution,
or
(c) on the expiry of 60 days after completion of discharge overside of the
goodshereby insured from the oversea vessel at the final port of discharge,
whichever shall first occur.
If, after discharge overside from the oversea vessel at the final port of discharge ,but
prior to termination of this insurance, the goods are to be forwarded to a destination
other than that to which they are insured hereunder, this insurance whilst remaining
subject to termination as provided for above, shall not extend beyond the
commencement of transit to such other destination.
This insurance shall remain in force (subject to termination as provided for above
and to the provisions of Clause 2 below) during delay beyond the control of the
Assured, any deviation, forced discharge, reshipment or transhipment and during
any variation of the adventure arising from the exercise of a liberty granted to
shipowners or charterers under the contract of affreightment.
2. If owing to circumstances beyond the control of the Assured either the contract of
affreightment is terminated at a port or place other than the destination named
therein or the adventure is otherwise terminated before delivery of the goods as
provided for in Clause 1 above, then, subject to prompt notice being given to
underwriters and to an additional premium if required, this insurance shall remain in
force until either
(i) the goods are sold an delivered at such port or place, or, unless otherwise
specially agreed, until the expiry of 60 days after completion of discharge
overside of the goods hereby insured from the oversea vessel at such port or
place, whichever shall first occur,
(ii) if the goods are forwarded within the said period of 60 days (or any agreed
extension thereof)to the destination named in the policy or to any other
destination until terminated in accordance with the provisions of Clause 1
above.
62
3. Including transit by craft raft or lighter to or from the vessel. Each craft raft or
lighter to be deemed a separate insurance. The Assured are not to be prejudiced by
any agreement exempting lightermen from liability.
4. Held covered at a premium to be arranged in case of change of voyage or of any
omission or error in the description of the interest vessel or voyage.
5. This insurance is against all risks of loss of or damage to the subject-matter insured
but shall in no case to be deemed to extend to cover loss damage or expense
proximately caused by delay or inherent vice or nature of the subject-matter insured.
Claims recoverable hereunder shall be payable irrespective of percentage.
6. No claim for Constructive Total Loss shall be recoverable hereunder unless the
goods are reasonably abandoned either on account of their actual total loss
appearing to be unavoidable or because the cost of recovering, reconditioning and
forwarding the goods to the destination to which they are insured would exceed
their value on arrival.
7. General Average and Salvage Charges payable according to Foreign Statement or to
York-Antwerp Rules if in accordance with the contract of affreightment.
8. The seaworthiness of the vessel as between the Assured and Underwriters is hereby
admitted. In the event of loss the Assured's right of recovery hereunder shall not be
prejudiced by the fact that the loss may have been attributable to the wrongful act or
misconduct of the shipowners or their servants, committed without the privity of the
Assured.
9. It is the duty of the Assured and their Agents, in all cases, to take such measures as
may be reasonable for the purpose of averting or minimising a loss and to ensure
that all rights against carriers, bailees or other third parties are properly preserved
and exercised.
10. This insurance shall not inure to the benefit of the carrier or other bailee.
11. This insurance is extended to indemnify the Assured against such proportion of
liability under the contract of affreightment "Both to Blame Collision" Clause as is
in respect of a loss recoverable hereunder. In the event of any claim by shipowners
under the said Clause the Assured agree to notify the Underwriters who shall have
the right, at their own cost and expense, to defend the Assured against such claim.
12. Warranted free of capture, seizure, arrest, restraint or detainment, and the
consequences thereof or of any attempt thereat; also from the consequences of
hostilities or warlike operations, whether there be a declaration of war or not; but
this warranty shall not exclude collision, contact with any fixed or floating
object(other than a mine or torpedo),stranding, heavy weather or fire unless caused
directly (and independently of the nature of the voyage or service which the vessel
concerned or, in the case of a collision, any other vessel involved therein, is
63
performing)by a hostile act by or against a belligerent power; and for the purpose of
this warranty "power" includes any authority maintaining naval, military or air
forces in association with a power. Further warranted free from the consequences of
civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or
piracy.
Should Clause No.12 be deleted, the relevant current Institute War Clauses shall
be deemed to form part of this insurance.
13. Warranted free of loss or damage
(a) caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions;
(b) resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions.
Should Clause No. 13 be deleted, the relevant current Institute Strikes Riots and
Civil Commotions Clauses shall be deemed to form part of this Insurance.
14. It is a condition of this insurance that the Assured shall act with reasonable
despatch in all circumstances within their control.
NOTE-It is necessary for the Assured when they become aware of an event which is
"held covered" under this insurance to give prompt notice to Underwriters and the right
to such cover is dependent upon compliance with this obligation.
不保事項
1.Warranted free of capture, seizure, arrest, restraint or detainment, and the
consequences thereof or of any attempt thereat; also from the consequences of
hostilities or warlike operations, whether there be a declaration of war or not; but this
warranty shall not exclude collision, contact with any fixed or floating object(other
than a mine or torpedo),stranding, heavy weather or fire unless caused directly (and
independently of the nature of the voyage or service which the vessel concerned or,
in the case of a collision, any other vessel involved therein, is performing)by a
hostile act by or against a belligerent power; and for the purpose of this warranty
"power" includes any authority maintaining naval, military or air forces in
association with a power.
Further warranted free from the consequences of civil war, revolution, rebellion,
insurrection, or civil strife arising therefrom, or piracy.
Should Clause No.12 be deleted, the relevant current Institute War Clauses shall
be deemed to form part of this insurance.
2.Warranted free of loss or damage
(a)caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions;
(b)resulting from strikes, lock-outs, labour disturbances, riots or civil commotions.
64
Should Clause No. 13 be deleted, the relevant current Institute Strikes Riots and
Civil Commotions Clauses shall be deemed to form part of this Insurance.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE CARGO CLAUSE (F.P.A.)
核准日期及文號 99 年 04 月 23 日新安東京海上 99 字第 022102 號函備查
承保範圍
1. This insurance attaches from the time the goods leave the warehouse or place of
storage at the place named in the policy for the commencement of the transit,
continues during the ordinary course of transit and terminates either on delivery
(a) to the Consignees' or other final warehouse or place of storage at the
destination named in the policy,
(b) to any other warehouse or place of storage, whether prior to or at the
destination named in the policy, which the Assured elect to use either
(i) for storage other than in the ordinary course of transit
or
(ii) for allocation or distribution,
or (c) on the expiry of 60 days after completion of discharge overside of the
goodshereby insured from the oversea vessel at the final port of discharge,
whichever shall first occur.
If, after discharge overside from the oversea vessel at the final port of
discharge ,but prior to termination of this insurance, the goods are to be forwarded
to a destination other than that to which they are insured hereunder, this insurance
whilst remaining subject to termination as provided for above, shall not extend
beyond the commencement of transit to such other destination.
This insurance shall remain in force (subject to termination as provided for above
and to the provisions of Clause 2 below) during delay beyond the control of the
Assured, any deviation, forced discharge, reshipment or transhipment and during
any variation of the adventure arising from the exercise of a liberty granted to
shipowners or charterers under the contract of affreightment.
2. If owing to circumstances beyond the control of the Assured either the contract of
affreightment is terminated at a port or place other than the destination named
therein or the adventure is otherwise terminated before delivery of the goods as
provided for in Clause 1 above, then, subject to prompt notice being given to
underwriters and to an additional premium if required, this insurance shall remain
in force until either
(i) the goods are sold an delivered at such port or place, or, unless otherwise
65
specially agreed, until the expiry of 60 days after completion of discharge
overside of the goods hereby insured from the oversea vessel at such port or
place, whichever shall first occur,
(ii) if the goods are forwarded within the said period of 60 days (or any agreed
extension thereof)to the destination named in the policy or to any other
destination until terminated in accordance with the provisions of Clause
1 above.
3. Including transit by craft raft or lighter to or from the vessel. Each craft raft or
lighter to be deemed a separate insurance. The Assured are not to be prejudiced by
any agreement exempting lightermen from liability.
4. Held covered at a premium to be arranged in case of change of voyage or of any
omission or error in the description of the interest vessel or voyage.
5. Warranted free from Particular Average unless the vessel or craft be stranded,
sunk, or burnt, but notwithstanding this warranty the Underwriters are to pay the
insured value of any package or packages which may be totally lost in loading,
transhipment or discharge, also for any loss of or damage to the interest insured
which may reasonably be attributed to fire, explosion, collision or contact of the
vessel and/or craft and/or conveyance with any external substance (ice
included)other than water, or to discharge of cargo at a port of distress, also to pay
special charges for landing warehousing and forwarding if incurred at an
intermediate port of call or refuge, for which Underwriters would be liable under
the standard form of English Marine Policy with the Institute Cargo Clauses
(W.A.) attached.
This Clause shall operate during the whole period covered by the policy.
6. No claim for Constructive Total Loss shall be recoverable hereunder unless the
goods are reasonably abandoned either on account of their actual total loss
appearing to be unavoidable or because the cost of recovering, reconditioning and
forwarding the goods to the destination to which they are insured would exceed
their value on arrival.
7. General Average and Salvage Charges payable according to Foreign Statement or
to York-Antwerp Rules if in accordance with the contract of affreightment.
8. The seaworthiness of the vessel as between the Assured and Underwriters is
hereby admitted. In the event of loss the Assured's right of recovery hereunder
shall not be prejudiced by the fact that the loss may have been attributable to the
wrongful act or misconduct of the shipowners or their servants, committed
without the privity of the Assured.
66
9. It is the duty of the Assured and their Agents, in all cases, to take such measures
as may be reasonable for the purpose of averting or minimising a loss and to
ensure that all rights against carriers, bailees or other third parties are properly
preserved and exercised.
10. This insurance shall not inure to the benefit of the carrier or other bailee.
11. This insurance is extended to indemnify the Assured against such proportion of
liability under the contract of affreightment "Both to Blame Collision" Clause as
is in respect of a loss recoverable hereunder.
In the event of any claim by shipowners under the said Clause the Assured agree
to notify the Underwriters who shall have the right, at their own cost and expense,
to defend the Assured against such claim.
12. Warranted free of capture, seizure, arrest, restraint or detainment, and the
consequences thereof or of any attempt thereat; also from the consequences of
hostilities or warlike operations, whether there be a declaration of war or not; but
this warranty shall not exclude collision, contact with any fixed or floating object
(other than a mine or torpedo), stranding, heavy weather or fire unless caused
directly (and independently of the nature of the voyage or service which the
vessel concerned or, in the case of a collision, any other vessel involved therein, is
performing)by a hostile act by or against a belligerent power; and for the purpose
of this warranty "power" includes any authority maintaining naval, military or air
forces in association with a power.
Further warranted free from the consequences of civil war, revolution, rebellion,
insurrection, or civil strife arising therefrom, or piracy.
Should Clause No.12 be deleted, the relevant current Institute War Clauses shall
be deemed to form part of this insurance.
13. Warranted free of loss or damage
(a) caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions;
(b) resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions.
Should Clause No. 13 be deleted, the relevant current Institute Strikes Riots and
Civil Commotions Clauses shall be deemed to form part of this Insurance.
14. It is a condition of this insurance that the Assured shall act with reasonable
dispatch in all circumstances within their control.
NOTE-It is necessary for the Assured when they become aware of an event which is
67
"held covered" under this insurance to give prompt notice to Underwriters and the right
to such cover is dependent upon compliance with this obligation.
不保事項
1.Warranted free of capture, seizure, arrest, restraint or detainment, and the
consequences thereof or of any attempt thereat; also from the consequences of
hostilities or warlike operations, whether there be a declaration of war or not; but this
warranty shall not exclude collision, contact with any fixed or floating object (other
than a mine or torpedo), stranding, heavy weather or fire unless caused directly (and
independently of the nature of the voyage or service which the vessel concerned or,
in the case of a collision, any other vessel involved therein, is performing)by a
hostile act by or against a belligerent power; and for the purpose of this warranty
"power" includes any authority maintaining naval, military or air forces in
association with a power.
Further warranted free from the consequences of civil war, revolution, rebellion,
insurrection, or civil strife arising therefrom, or piracy.
Should Clause No.12 be deleted, the relevant current Institute War Clauses shall
be deemed to form part of this insurance.
2.Warranted free of loss or damage
(a)caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions;
(b)resulting from strikes, lock-outs, labour disturbances, riots or civil commotions.
Should Clause No. 13 be deleted, the relevant current Institute Strikes Riots and
Civil Commotions Clauses shall be deemed to form part of this Insurance.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE CARGO CLAUSE (W.A.)
核准日期及文號 99 年 04 月 23 日新安東京海上 99 字第 022103 號函備查
承保範圍
1. This insurance attaches from the time the goods leave the warehouse or place of
storage at the place named in the policy for the commencement of the
transit,continuesduring the ordinary course of transit and terminates either on
delivery
(a) to the Consignees' or other final warehouse or place of storage at the
destination named in the policy,
(b) to any other warehouse or place of storage, whether prior to or at the
destination named in the policy, which the Assured elect to use either
(i) for storage other than in the ordinary course of transit
68
or
(ii) for allocation or distribution,
or (c) on the expiry of 60 days after completion of discharge overside of the
goodshereby insured from the oversea vessel at the final port of
discharge,whichever shall first occur.
If, after discharge overside from the oversea vessel at the final port of
discharge ,but prior to termination of this insurance, the goods are to be forwarded
to a destination other than that to which they are insured hereunder, this insurance
whilst remaining subject to termination as provided for above, shall not extend
beyond the commencement of transit to such other destination.
This insurance shall remain in force (subject to termination as provided for above
and to the provisions of Clause 2 below) during delay beyond the control of the
Assured, any deviation, forced discharge, reshipment or transhipment and during
any variation of the adventure arising from the exercise of a liberty granted to
shipowners or charterers under the contract of affreightment.
2. If owing to circumstances beyond the control of the Assured either the contract of
affreightment is terminated at a port or place other than the destination named
therein or the adventure is otherwise terminated before delivery of the goods as
provided for in Clause 1 above, then, subject to prompt notice being given to
underwriters and to an additional premium if required, this insurance shall remain
in force until either
(i) the goods are sold an delivered at such port or place, or, unless otherwise
specially agreed, until the expiry of 60 days after completion of discharge
overside of the goods hereby insured from the oversea vessel at such port or
place, whichever shall first occur,
(ii) if the goods are forwarded within the said period of 60 days (or any agreed
extension thereof)to the destination named in the policy or to any other
destination until terminated in accordance with the provisions of Clause 1
above.
3. Including transit by craft raft or lighter to or from the vessel. Each craft raft or
lighter to be deemed a separate insurance. The Assured are not to be prejudiced by
any agreement exempting lightermen from liability.
4. Held covered at a premium to be arranged in case of change of voyage or of any
omission or error in the description of the interest vessel or voyage.
5. Warranted free from average under the percentage specified in the policy, unless
general, or the vessel or craft be stranded, sunk or burnt, but notwithstanding this
warranty the Underwriters are to pay the insured value of any package which may
be totally lost in loading, transhipment or discharge, also for any loss of or
69
damage to the interest insured which may reasonably be attributed to fire,
explosion, collision or contact of the vessel and/or craft and/or conveyance with
any external substance (ice included) other than water, or to discharge of cargo at
a port of distress.
This Clause shall operate during the whole period covered by the policy.
6. No claim for Constructive Total Loss shall be recoverable hereunder unless the
goods are reasonably abandoned either on account of their actual total loss
appearing to be unavoidable or because the cost of recovering, reconditioning and
forwarding the goods to the destination to which they are insured would exceed
their value on arrival.
7. General Average and Salvage Charges payable according to Foreign Statement or
to York-Antwerp Rules if in accordance with the contract of affreightment.
8. The seaworthiness of the vessel as between the Assured and Underwriters is
hereby admitted. In the event of loss the Assured's right of recovery hereunder
shall not be prejudiced by the fact that the loss may have been attributable to the
wrongful act or misconduct of the shipowners or their servants, committed
without the privity of the Assured.
9. It is the duty of the Assured and their Agents, in all cases, to take such measures
as may be reasonable for the purpose of averting or minimising a loss and to
ensure that all rights against carriers, bailees or other third parties are properly
preserved and exercised.
10. This insurance shall not inure to the benefit of the carrier or other bailee.
11. This insurance is extended to indemnify the Assured against such proportion of
liability under the contract of affreightment "Both to Blame Collision" Clause as
is in respect of a loss recoverable hereunder.
In the event of any claim by shipowners under the said Clause the Assured agree
to notify the Underwriters who shall have the right, at their own cost and expense,
to defend the Assured against such claim.
12. Warranted free of capture, seizure, arrest, restraint or detainment, and the
consequences thereof or of any attempt thereat; also from the consequences of
hostilities or warlike operations, whether there be a declaration of war or not; but
this warranty shall not exclude collision, contact with any fixed or floating
object(other than a mine or torpedo),stranding, heavy weather or fire unless
caused directly (and independently of the nature of the voyage or service which
the vessel concerned or, in the case of a collision, any other vessel involved
70
therein, is performing)by a hostile act by or against a belligerent power; and for
the purpose of this warranty "power" includes any authority maintaining naval,
military or air forces in association with a power.
Further warranted free from the consequences of civil war, revolution, rebellion,
insurrection, or civil strife arising therefrom, or piracy.
Should Clause No.12 be deleted, the relevant current Institute War Clauses shall
be deemed to form part of this insurance.
13. Warranted free of loss or damage
(a) caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions;
(b) resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions.
Should Clause No. 13 be deleted, the relevant current Institute Strikes Riots and
Civil Commotions Clauses shall be deemed to form part of this Insurance.
14. It is a condition of this insurance that the Assured shall act with reasonable
despatch in all circumstances within their control.
NOTE-It is necessary for the Assured when they become aware of an event which is
"held covered" under this insurance to give prompt notice to Underwriters and the right
to such cover is dependent upon compliance with this obligation.
不保事項
1.Warranted free of capture, seizure, arrest, restraint or detainment, and the
consequences thereof or of any attempt thereat; also from the consequences of
hostilities or warlike operations, whether there be a declaration of war or not; but this
warranty shall not exclude collision, contact with any fixed or floating object(other
than a mine or torpedo),stranding, heavy weather or fire unless caused directly (and
independently of the nature of the voyage or service which the vessel concerned or,
in the case of a collision, any other vessel involved therein, is performing)by a hostile
act by or against a belligerent power; and for the purpose of this warranty "power"
includes any authority maintaining naval, military or air forces in association with a
power.
Further warranted free from the consequences of civil war, revolution, rebellion,
insurrection, or civil strife arising therefrom, or piracy.
Should Clause No.12 be deleted, the relevant current Institute War Clauses shall
be deemed to form part of this insurance.
2.Warranted free of loss or damage
(a)caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions;
71
(b) resulting from strikes, lock-outs, labour disturbances, riots or civil commotions.
Should Clause No. 13 be deleted, the relevant current Institute Strikes Riots and
Civil Commotions Clauses shall be deemed to form part of this Insurance.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE CLASSIFICATION CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276028 號函備查
承保範圍
QUALIFYING VESSELS
1) This Insurance and the marine transit rates as agrees in the policy or open cover
apply only to cargoes and/or interests carried by mechanically self-propelled
vessels of steel construction classed with a Classification Society which is:
1.1 a Member or Associate Member of the international Association of
Classification Societies (IACS), or
1.2 a National Flag Society as defined in Clause 4 below, but only where the
vessel is engaged exclusively in the coastal trading of that nation (Including
trading on aninter-island route within an archipelago of which that nation
forms part). Cargoes and/or interests carried by vessels not classed as above
must be notified promptly to Underwriter for rates and conditions to be
agreed. Should a loss occur prior to such agreement being obtained cover
may be provided but only if cover would have been available at a reasonable
commercial market rate on reasonable commercial market terms.
AGE LIMITATION
2) Cargoes and/or Interest carried Qualifying Vessels (as defined above) which
exceed the following age limits will be insured on the policy or open cover
conditions subject to an additional premium to be agreed.Bulk or combination
carriers over 10 years of age or other vessels over 15 years of age unless they;
2.1 have been used for the carriage of general cargo on an established and
regular pattern of trading between a range of specified ports, and do not
exceed 25 years of age, or
2.2 were constructed as containerships, vehicle carriers or double-skin
open-hater gantry crane vessels (OHGCs) and have been continuously used
as such on an established and regular pattern of trading between a range of
specified ports, and do not exceed 30 years of age.
CRAFT CLAUSE
3) The requirements of this Clause do not apply to any craft used to load or unload
the vessel within the port area
72
NATIONAL FLAG SOCIETY
4) A National Flag Society is a Classification Society, which is domiciled in the same
country as the owner of the vessel in question, which must also operate under the
flag of that country.
PROMPT NOTICE
5) Where this Insurance requires the assured to give prompt notice to the
Underwriters, the right to cover is dependent upon compliance with that
obligation.
LAW ANAD PRACTICE
6) This Insurance is subject to English law and practice.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE DANGEROUS DRUG CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276029 號函備查
承保範圍
“It is understood and agreed that no claim under this policy will be paid in respect to
drugs to which the various International Conventions relating to Opium and other
dangerous drugs apply unless
(1) the drugs shall be expressly declared as such in the policy and the name of the
country from which, and the name of the country to which they are consigned shall
be specifically stated in the policy and
(2) the proof of loss is accompanied either by a licence, certificate or authorization
issued by the Government of the country to which the drugs are consigned showing
that importation of the consignment into that country has been approved by that
Government, or, alternatively, by a licence, certificate or authorization issued by the
Government of the country from which the drugs are consigned showing that the
export of the consignment to the destination stated has been approved by that
Government;
and the route by which the drugs were conveyed was usual and customary.”
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
73
商品名稱:INSTITUTE FOSFA TRADES CLAUSES ( C )
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276030 號函備查
承保範圍
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE FROZEN FOOD CLAUSES
(A)(EXCLUDING FROZEN MEAT)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276031 號函備查
承保範圍
1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below.
1.1 all risks of loss of or damage to the subject-matter insured, other than loss or
damage resulting from any variation in temperature howsoever caused,
1.2 loss of or damage to the subject-matter insured resulting from any variation in
temperature attributable to
1.2.1 breakdown of refrigerating machinery resulting in its stoppage for a
period of not less than 24 consecutive hours
1.2.2 fire or explosion
1.2.3 vessel or craft being stranded grounded sunk or capsized
1.2.4 overturning or derailment of land conveyance
1.2.5 collision or contact of vessel craft or conveyance with any external
object other than water
1.2.6 discharge of cargo at a port of distress.
2. This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affreightment and/or the governing law
Risks
Clause
General
Average
Clause
74
and practice, incurred to avoid or in connection with the avoidance of loss from
any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this
insurance.
3. This insurance is extended to indemnify the Assured against such proportion of
liability under the contract of affreightment “Both to Blame Collision” clause as is
in respect of a loss recoverable hereunder. In the event of any claim by
shipowners under the said Clause the Assured agree to notify the Underwriters
who shall have the right, at their own cost and expense, to defend the Assured
against such claim.
不保事項
4. In no case shall this insurance cover
4.1 loss damage or expense attributable to willful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of packing
or preparation of the subject-matter insured (for the purpose of this Clause
4.3 “Packing” shall be deemed to include stowage in a container or liftvan
but only when such stowage is carried out prior to attachment of this
insurance or by the Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured (except loss damage or expense resulting from
variation in temperature specifically covered under Clause 1.2 above)
4.5loss damage or expense proximately caused by delay, even though the delay
be caused by a risk insured against (except expenses payable under Clause 2
above)
4.6 loss damage or expense arising from insolvency or financial default of the
owners managers charters or operators of the vessel
4.7 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
4.8 loss damage or expense arising from any failure of the Assured or their
servants to take all reasonable precautions to ensure that the subject-matter
insured is kept in refrigerated or, where appropriate, properly insulated
and cooled space
4.9 any loss damage or expense otherwise recoverable hereunder unless prompt
notice thereof is given to the Underwriters and, in any event, not later than
30 days after the termination of this insurance.
“Both to Blame Collision” Clause
Unseaworthiness
and Unfitness
Exclusion
75
5.
5.1 In no case shall this insurance cover loss of or damage or expense arising
from unseaworthiness of vessel or craft, unfitness of vessel craft conveyance
container or liftvan for the safe carriage of the subject-matter insured,where
the Assured or their servants are privy to such unseaworthiness or unfitness,
at the time the subject-matter insured is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the subject-matter
insured to destination, unless the Assured or their servants are privy to such
unseaworthiness or unfitness.
6. In no case shall this insurance cover loss of or damage or expense caused by
6.1 war, civil war, revolution rebellion insurrection or civil strife arising
therefrom, or any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment (piracy excepted) and the
consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7. In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
7.3 any terrorist or any person acting from a political motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE FROZEN MEAT CLAUSES (C)– 24 HOURS
BREAKDOWN
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276032 號函備查
承保範圍
1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below.
1.1 loss of or damage to the subject-matter insured attributable to
1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of vessel craft or conveyance with any external
object other than water
War
Exclusion
Clause
Strikes
Exclusion
Clause
Risks
Clause
76
1.1.5 discharge of cargo at a port of distress.
1.1.6 breakdown of refrigerating machinery resulting in its stoppage for a
period of not less than 24 consecutive hours
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison.
2. This insurance covers general average and salvage charges, adjusted or determined
according to the contract of affreightment and/or the governing law and practice,
incurred to avoid or in connection with the avoidance of loss from any cause except
those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.
3. This insurance is extended to indemnify the Assured against such proportion of
liability under the contract of affreightment “Both to Blame Collision” clause as is
in respect of a loss recoverable hereunder. In the event of any claim by
shipowners under the said Clause the Assured agree to notify the Underwriters who
shall have the right, at their own cost and expense, to defend the Assured against
such claim.
不保事項
4. In no case shall this insurance cover
4.1 loss damage or expense attributable to willful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of packing
or preparation of the subject-matter insured (for the purpose of this Clause
4.3 “Packing” shall be deemed to include stowage in a container or liftvan
but only when such stowage is carried out prior to attachment of this
insurance or by the Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured (except loss damage or expense resulting from
variation in temperature specifically covered under Clause 1.2 above)
4.5 loss damage or expense proximately caused by delay, even though the delay
be caused by a risk insured against (except expenses payable under Clause 2
above)
4.6 loss damage or expense caused by insolvency or financial default of the
owners managers charters or operators of the vessel where,at the time of
loading of the subject-matter insured on board the vessel, the Assured are
aware, or in the ordinary course of business should be aware, that such
insolvency or financial default could prevent the normal prosecution of the
voyage. This exclusion shall not apply where this insurance has been
assigned to the party claiming hereunder who has bought or agreed to buy
the subject-matter insured in good faith under a binding contract
General
Average
Clause
“Both to Blame Collision” Clause
77
4.7deliberate damage to or deliberate destruction of the subject-matter insured
or any part thereof by the wrongful act of any person or persons
4.8loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
4.9 loss damage or expense on shore caused directly or indirectly by earthquake,
volcanic eruption and/or fire resulting therefrom
4.10loss damage or expense arising from any failure of the Assured or their
servants to take all reasonable precautions to ensure that the subject-matter
insured is kept in refrigerated or, where appropriate, properly insulated and
cooled space.
5.
5.1 In no case shall this insurance cover loss of or damage or expense arising
from
5.1.1 unseaworthiness of vessel or craft, or unfitness of vessel or craft
for the safe carriage of the subject-matter insured, where the Assured
are privy to such unseaworthiness or unfitness, at the time the
subject-matter insured is loaded therein.
5.1.2 Unfitness of container liftvan or land conveyance for the safe
carriage of the subject-matter insured, where loading therein is
carried out prior to attachment of this insurance or by the Assured or
their servants.
5.2 Where this insurance has been assigned to the party claiming hereunder who
has bought or agreed to buy the subject-matter insured in good faith under a
binding contract, exclusion 5.1.1 above shall not apply.
5.3 The Underwriters waive any breach of the implied warranties of
seaworthiness of the ship and fitness of the ship to carry the subject matter
insured to destination.
6. In no case shall this insurance cover loss of or damage or expense caused by
6.1 war, civil war, revolution rebellion insurrection or civil strife arising
therefrom, or any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment (piracy excepted) and the
consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7. In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
Unseaworthiness and Unfitness Exclusion Clause
War
Exclusion
Clause
Strikes
Exclusion
Clause
78
7.3 any terrorist or any person acting from a political motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE RADIOACTIVE CONTAMINATION
EXCLUSION CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276033 號函備查
承保範圍
This Clause shall be paramount and shall override anything contained in this Contract
inconsistent therewith
1. In no case shall this Contract cover loss damage liability or expense directly or
indirectly caused by or contributed to by or arising from
ionizing radiations from or contamination by radioactivity from any nuclear fuel
or from any nuclear waste or from the combustion of nuclear fuel
the radioactive, toxic, explosive or other hazardous or contaminating properties
of any nuclear installation, reactor or other nuclear assembly or nuclear
component thereof any weapon or device employing atomic or nuclear fission
and/or fusion or other like reaction or radioactive force or matter
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE RADIOACTIVE CONTAMINATION,
CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND
ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276034 號函備查
承保範圍
This Clause shall be paramount and shall override anything contained in this Contract
inconsistent therewith
1. In no case shall this Contract cover loss damage liability or expense directly or
indirectly caused by or contributed to by or arising from
1.1 ionizing radiations from or contamination by radioactivity from any nuclear fuel
or from any nuclear waste or from the combustion of nuclear fuel
1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties
79
of any nuclear installation, reactor or other nuclear assembly or nuclear
component thereof
1.3 any weapon of war employing atomic or nuclear fission and/or fusion or other
like reaction or radioactive force or matter
1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties
of any radioactive matter. The exclusion in this sub-clause does not extend to
radioactive isotopes, other than nuclear fuel, when such isotopes are being
prepared, carried, stored, or used for commercial, agricultural, medical,
scientific or other similar peaceful purposes.
1.5 any chemical, biological, bio-chemical, or electromagnetic weapon.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE STRIKES CLAUSES (AIR CARGO)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276035 號函備查
承保範圍
1. This insurance covers, except as provided in Clause 2 below, loss of or damage
to the subject-matter insured caused by
1.1 strikers, locked-out workmen, or persons taking part in labour disturbances,
riots or civil commotions
1.2 any terrorist or any person acting from a political motive.
不保事項
2. In no case shall this insurance cover
2.1 loss damage or expense attributable to wilful misconduct of the Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of packing
or preparation of the subject-matter insured (for the purpose of this Clause
2.3 “packing” shall be deemed to include stowage in a container or liftvan
but only when such stowage is carried out prior to attachment of this
insurance or by the Assured or their servants)
2.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
2.5 loss damage or expense arising from unfitness of aircraft conveyance
container or liftvan for the safe carriage of the subject -matter insured,
where the Assured or their servants are privy to such unfitness at the time
the subject-matter insured is loaded therein
2.6 loss damage or expense proximately caused by delay, even though the delay
80
be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default of the
owners managers charterers or operators of the aircraft
2.8 loss damage or expense arising from the absence shortage or withholding of
labour of any description whatsoever resulting from any strike, lockout,
labour disturbance, riot or civil commotion
2.9 any claim based upon loss of or frustration of the voyage or adventure
2.10 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
2.11 loss damage or expense caused by war civil war revolution rebellion
insurrection, or civil strife arising therefrom, or any hostile act by or against
a belligerent power.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE STRIKES CLAUSES (CARGO)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276036 號函備查
承保範圍
1. This insurance covers, except as provided in Clauses 3 and 4 below, loss of or
damage to the subject-matter insured caused by
1.1 strikers, locked-out workmen, or persons taking part in labour disturbances,
riots or civil commotions
1.2 any terrorist or any person acting from a political motive.
2. This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affreightment and/or the governing law
and practice, incurred to avoid or in connection with the avoidance of loss from a
risk covered under these clauses.
不保事項
3. In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing
or preparation of the subject-matter insured (for the purpose of this Clause
3.3 “packing” shall be deemed to include stowage in a container or liftvan
but only when such stowage is carried out prior to attachment of this
insurance or by the Assured or their servants)
3.4 loss damage or expense caused by inherent vice or nature of the
General
Average
Clause
General
Exclusio
ns Clause
Risk
s
Clause
81
subject-matter insured
3.5 loss damage or expense proximately caused by delay, even though the delay
be caused by a risk insured against (except expenses payable under Clause 2
above)
3.6 loss damage or expense arising from insolvency or financial default of the
owners managers charterers or operators of the vessel
3.7 loss damage or expense arising from the absence shortage or withholding of
labour of any description whatsoever resulting from any strike, lockout,
labour disturbance, riot or civil commotion
3.8 any claim based upon loss of or frustration of the voyage or adventure
3.9 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
3.10 loss damage or expense caused by war civil war revolution rebellion
insurrection, or civil strife arising therefrom, or any hostile act by or against
a belligerent power.
4.
4.1 In no case shall this insurance cover loss damage or expense arising from
unseaworthiness of vessel or craft, unfitness of vessel craft conveyance
container or liftvan for the safe carriage of the subject-matter insured, where
the Assured or their servants are privy to such unseaworthiness or unfitness,
at the time the subject-matter insured is loaded wherein.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE STRIKES CLSUSES (FOSFA TRADES)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276037 號函備查
承保範圍
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
Unseaworthiness
and Unfitness
Exclusion
Clause
82
商品名稱:Institute Theft, Pilferage and Non-Delivery Clause
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276038 號函備查
承保範圍
In consideration of an additional premium, it is hereby agreed that this insurance covers
loss of or damage to the subject-matter insured caused by the theft or pilferage, or by
non-delivery of an entire package, subject always to the exclusions contained in this
insurance.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE WAR CANCELLATION CLAUSE
(CARGO)
核准日期及文號
中華民國 97 年 06月 13 日新安東京海上 97字第 0276039號函備查
承保範圍
The cover against war risks (as defined in the relevant Institute War Clause) may be
cancelled by either the Underwriters or the Assured except in respect of any insurance
which shall have attached in accordance with the conditions of the Institute War
Clauses before the cancellation becomes effective. Such cancellation shall however
only become effective on the expiry of 7 days from midnight of the day on which notice
of the cancellation is insured by or to the Underwriters.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE WAR CLSUSES (FOSFA TRADES )
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276040 號函備查
承保範圍
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
83
請洽本公司
商品名稱:INSTITUTE WAR CLAUSES (AIR CARGO)
(EXCLUDING SENDINGS BY POST)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276041 號函備查
承保範圍
1. This insurance covers, except as provided in Clause 2 below, loss of or damage to
the subject-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered
under 1.1 above, and the consequences thereof or any attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE WAR CLAUSES (CARGO)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276042 號函備查
承保範圍
1. This insurance covers, except as provided in Clauses 3 and 4 below, loss of or
damage to the subject-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered
under 1.1 above, and the consequences thereof or any attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
2. This insurance covers general average and salvage charges, adjusted or
determined according to the contract of affreightment and/or the governing law
and practice, incurred to avoid or in connection with the avoidance of loss from a
risk covered under these clauses.
不保事項
3. In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing
Risks
Clause
General
Average
Clause
General
Exclusions
Clause
84
or preparation of the subject-matter insured (for the purpose of this Clause
3.3 “packing” shall be deemed to include stowage in a container or liftvan
but only when such stowage is carried out prior to attachment of this
insurance or by the Assured or their servants)
3.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
3.5 loss damage or expense proximately caused by delay, even though the delay
be caused by a risk insured against (except expenses payable under Clause 2
above)
3.6 loss damage or expense arising from insolvency or financial default of the
owners managers charterers or operators of the vessel
3.7 any claim based upon loss of or frustration of the voyage or adventure
3.8 loss damage or expense arising from any hostile use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter.
4.
4.1 In no case shall this insurance cover loss damage or expense arising from
unseaworthiness of vessel or craft, unfitness of vessel craft conveyance
container or liftvan for the safe carriage of the subject-matter insured, where the
Assured or their servants are privy to such unseaworthiness or unfitness, at the
time the subject-matter insured is loaded therein.
4.2 The Underwriters waive any breach of the implied warranties of seaworthiness
of the ship and fitness of the ship to carry the subject-matter insured to
destination, unless the Assured or their servants are privy to such
unseaworthiness or unfitness.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE WAR CLAUSES(SENDINGS BY POST)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276043 號函備查
承保範圍
RISKS COVERED
1 This insurance covers, except as provided in Clause 3 below, loss of or damage to the subject
-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered under 1.1 above,
and the consequences thereof or any attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
Unseaworthiness
And Unfitness
Exclusion
Clause
85
2 This insurance covers general average and salvage charges, adjusted or determined according
to the contract of affreightment and/or the governing law and practice incurred to avoid or in
connection with the avoidance of loss from a risk covered under these clause
不保事項
EXCLUSIONS
In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the
subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the
subject-matter insured (for the purpose of this Clause 3.3 “packing” shall be deemed to include
stowage in a container or liftvan but only when such stowage is carried out prior to attachment
of this insurance or by the Assured or their servants)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
3.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk
insured against (except expenses payable under Clause 2 above)
3.6 any claim based upon loss of or frustration of the voyage or adventure
3.7 loss damage or expense arising from any hostile use of any weapon of war employing atomic or
nuclear fission and/or fusion or other likes reaction or radioactive force or matter.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:JETTY CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276044 號函備查
承保範圍
Notwithstanding anything to the contrary contained herein, it is a special condition of
this insurance that any loss or damage claimable hereunder must be surveyed in the
landing sheds by a surveyor appointed by this Company’s agents stated is this Policy
and that this Company’s shall not by liable for any loss or damage occurring or found
after the above mentioned survey.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:LABEL CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276045 號函備查
承保範圍
In case of damage from perils insured against affecting labels only, loss to be limited to
an amount sufficient to pay the cost of reconditioning cost of new labels and relabelling
the goods provided the damage would have amounted to a claim under the terms of the
policy.
不保事項
同主保險契約
86
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:LIVESTOCK & POULTRY INSURANCE CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276046 號函備查
承保範圍
This Company writes insurance on livestock and poultry shipped by sea , land or air on
the following Provisions:
1.SCOPE OF COVER
This Company shall be liable for all risks of mortality of the insured livestock and /
or poultry during the course of transportation.
不保事項
2.EXCLUSIONS
Notwithstanding the foregoing, this company shall not be liable for death or mortality:
(1)caused by intentional act or fault of the Insured;
(2)falling under the liability of the Consignor;
(3)caused by war, strikes or delay in transit;
(4)if the Insured livestock and / or poultry are not in a good state of health at the
commencement of this insurance;
(5)resulting from being in a parturient condition or from vaceination or
inoculation or slaughter by authorities through infections for diseases or from
lack of fodder, or from prohibition of import or export or failure to pass test.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:MALICIOUS DAMAGE CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276047 號函備查
承保範圍
In consideration of an additional premium. It is hereby agreed that Clauses 4.7 of the
institute Cargo Clauses is deemed to be deleted and further that this insurance covers
loss of or damage to the subject-matter insured caused by malicious acts vandalism or
sabotage, subject always to the other exclusions contained in this insurance.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:ON DECK SHIPMENT CLAUSE
核准日期及文號
87
中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276048 號函備查
承保範圍
Notwithstanding anything contained herein to the contrary, it is specially understood
and agree that in the event of the interest hereby insured or any part thereof being
carried on deck, whether by the exercise of liberty granted to shipowners or charters
under the contract of affreightment or not, the conditions on such deckload shall be
subject to Institute Cargo Clauses (C), including the risks of Jettison &Washing
Overboard, as from the commencement of this insurance.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:OPEN-YARD STORAGE CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276049 號函備查
承保範圍
Notwithstanding anything contained herein to the contrary, it is specially understood
and agreed that in the event of the goods hereby insured or any part thereof being stored
in the open-yard at the port of landing named in the policy, this Company’s liability for
such goods shall be subject to ICC(C) only so long as they are so stored, provided,
however, that the foregoing shall not apply in case of the Assured having given a
previous notice of such storage to this Company and agreed to pay an additional
premium required.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:PAIR & SET CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276050 號函備查
承保範圍
Where any insured item consists of articles in a pair or set this policy is not to pay more
than the value of any particular part or parts which may be lost or damaged, without
reference to any special value which such article or articles may have as part of such
pair or set; nor more than a proportionate part of the insured value of the pair or set.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:PARCEL POST INSURANCE -ALL RISKS
88
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276051 號函備查
承保範圍
The liability of this Company to commerce from the time of registration until delivery
of the packages at destination.
Against all risks of physical loss or damage from any external cause whatsoever
irrespective of percentage. Including the risks of Theft, Pilferage & Non-delivery
subject to the following clauses:
A) It is hereby agreed that this policy covers the risk of Theft &/or Pilferage
irrespective of percentage. No liability for loss to attach hereto unless notice
of survey has been given to Post Office &/or Underwirters’ Agents at the
place of destination before taking delivery of the packages insured and a
written proof of shortage obtained.
B) It is hereby agreed that this policy covers the risk of Non-delivery of an
entire package for which the liability of the Post Office or other carrier is
limited reduced or negative by the Contract of Carriage by reason of the
value of the goods.
Underwriters to be entitled to any amount recovered from the Post Office or other
carriers in respect of such losses (less cost of recovery if any) up to amount paid by
them in respect of the loss.
In case of loss or damage under this policy claim must be immediately filed in writing
against the Post Office or other carrier, and a copy thereof and of the reply thereto must
accmpany any claim presented under this Policy.
Post office Receipt for the Registered Parcel Post will be required as proof in case of
claim.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:POSSESSION AND CONTROL CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276052 號函備查
承保範圍
In the event of loss or damage from a peril insured herein to goods or merchandise
carrying a brand or trademark or implying a guarantee of the manufacturers or of the
Assured, the salvage value of such damaged goods or merchandise shall, at the option
of the Assured, be determined after removal of all brands or trademarks. The Assured
shall retain control of all damaged goods or merchandise and such goods or
merchandise shall not be resold or otherwise disposed of without the Assured's consent.
The Assured agrees wherever practicable to recondition and sell such goods or
merchandise after removal of all brands and trademarks.
89
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:RETURNED SHIPMENT CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276053 號函備查
承保範圍
Extend to cover return cargo at the same terms and conditions of this cover on residual
value basis, but excluding loss or damage resulting from rejecting reasons.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SELLERS INTEREST CONTINGENCY CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276054 號函備查
承保範圍
Shipments sold by the Assured on F.O.B., F.A.S., Cost and Freight or similar terms
whereby the Assured is not obligated to furnish ocean marine insurance, will be
covered under this policy, subject to all its terms and conditions, from the time:
(1) the buyer fails or refuses to accept the goods;
(2) the buyer cancels the contract prior to arrival of the shipments at final
warehouse; and/or
(3) the Assured exercises a lien on the goods or interrupts their transit, or
suspends the sale contract while the goods are in transit when this is
reasonable to safeguard his interest.
Shipments insured under this clause will be valued at Assured’s selling price as per the
contract of sale.
In any such cases this insurance will cover during delay and/or return of the goods or
until they are otherwise disposed of.
Warranted that this insurance is not to be disclosed to the buyer; and that it will not be
deemed double insurance.
The Assured must use all reasonable and practical measures (including those which
may be required by this Company), to prevent or minimize the loss and/or to enforce
the sales contract.
不保事項
同主保險契約
90
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SMALL CLAIMS CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276055 號函備查
承保範圍
In order to simplify the claim process, the Assured can file a claim against the Insurer in
respect of the loss the claim amount of which is not exceeding NT$ (or
the equivalent) provided that the Assured should notify the Insurer immediately upon
discovering the loss in writing or by fax or telephone, and provide the following
documents.
1. Statement of Claim.
2. Notice of Loss to the carriers.
3. Original B/L.
4. Packing List.
5. Commercial Invoice.
6. Loss supporting documents (varied according to the methods of transportation).
a. Damage Report issued by the carriers, customs or warehouse company.
b. EIR (Equipment Interchange Receipt) issued by the container yard.
c. Non-delivery Certificate issued by the carriers or air-carriers.
d. Remarked Delivery order issued by inland carriers.
7. Photos (or warehousing documents).
Note: The Notice of Loss should be sent to the carriers by fax or mail within 3 days of
taking delivery of insured cargoes.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SPECIAL CLAUSE FOR CHEMICAL IN BULK (IOP)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276056 號函備查
承保範圍
Including the risks of explosion irrespective of percentage.
To pay shortage irrespective of percentage. Above shortage shall be deemed not to
contain the quantity which is used for slopping.
Warranted that no transshipment is allowed.
This insurance does not cover any loss or damage due to contamination unless
otherwise specified.
Notwithstanding anything contained in the Transit Clause of the Institute Cargo Clauses
to the contrary, it is understood and agreed that this insurance attaches from the time the
91
goods have passed the coupling of the pipe of shore tank at the port of shipment and
continues thereafter as stipulated in the said clause, until the goods are discharged into
the consignee’s or other shore tank at the port of destination named in the policy.
This insurance absolutely excludes any loss or damage while stored in shore tank.
Requirements for survey and analysis prior to commencement of voyage
Warranted by the Assured that:
1) The ship’s (including loading coastal tanker &/or barge) tanks be cleaned, tested
and approved prior to loading of the goods.
2) The goods shall be analyzed, gauged and weighed at port of loading (including
the port of loading into coastal tanker &/or barge).
3) tanks of loading coastal tanker &/or barge be cleared out and dried up in full at
completion of loading of the goods onto overseas vessel and
4) the satisfactory certificates as to above mentioned surveys and analysis be given
by Lloyd’s or other Authorized Surveyor.
Requirements for survey after arrival at port of discharge
Warranted that;
1) Our Authorized Surveyor shall take sample of the goods at time of discharge and
shall generally supervise the weighing, gauging, measuring and other operation
for determination of condition of the goods, either prior to or during, or at
completion of discharge from the overseas vessel.
2) the ship’s tanks be cleared out and dried up in full at completion of discharge
from the overseas vessel into shore tank and
3) the satisfactory certificates as to above mentioned surveys be given by our
Authorized Surveyor.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SPECIAL CLAUSE FOR CHEMICAL IN
BULK(EXCESS)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276057 號函備查
承保範圍
Including the risks of explosion irrespective of percentage.
To pay shortage but only in excess of % on the whole shipment, unless caused by
the vessel &/or craft being stranded, sunk, burnt or in collision. Above shortage shall
be deemed not to contain the quantity which is used for slopping.
Warranted that no transshipment is allowed.
This insurance does not cover any loss or damage due to contamination unless
92
otherwise specified.
Notwithstanding anything contained in the Transit Clause of the Institute Cargo Clauses
to the contrary, it is understood and agreed that this insurance attaches from the time the
goods have passed the coupling of the pipe of shore tank at the port of shipment and
continues thereafter as stipulated in the said clause, until the goods are discharged into
the consignee’s or other shore tank at the port of destination named in the policy.
This insurance absolutely excludes any loss or damage while stored in shore tank.
Requirements for survey and analysis prior to commencement of voyage
Warranted by the Assured that:
1) The ship’s (including loading coastal tanker &/or barge) tanks be cleaned, tested
and approved prior to loading of the goods.
2) The goods shall be analyzed, gauged and weighed at port of loading (including the
port of loading into coastal tanker &/or barge).
3) tanks of loading coastal tanker &/or barge be cleared out and dried up in full at
completion of loading of the goods onto overseas vessel and
4) the satisfactory certificates as to above mentioned surveys and analysis be given by
Lloyd’s or other Authorized Surveyor.
Requirements for survey after arrival at port of discharge
Warranted that;
1) Our Authorized Surveyor shall take sample of the goods at time of discharge and
shall generally supervise the weighing, gauging, measuring and other operation
for determination of condition of the goods, either prior to or during, or at
completion of discharge from the overseas vessel.
2) the ship’s tanks be cleared out and dried up in full at completion of discharge from
the overseas vessel into shore tank and
3) the satisfactory certificates as to above mentioned surveys be given by our
Authorized Surveyor.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SPECIAL CLAUSE FOR COMPUTER SOFTWARE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276058 號函備查
承保範圍
In the event of loss of or damage to the subject matter insured which comprises of
computer hardware and software, subject to the losses being caused by insured perils,
the sum payable shall be limited to the loss of the hardware and the relevant costs of
recopying the software.
It is further understood and agreed that no matter what the insured amount will be, in no
93
case shall the liability of the insurer arising from the aforesaid shall exceed
dollars per unit.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SPECIAL CLAUSE FOR FISHING PRODUCTS
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276059 號函備查
承保範圍
The amount insured stated on this policy represents the underwriter’s maximum
liability under this insurance. However, in the event of loss prior to landing on to Quay,
the actual amount insured claimable and underwriter’s liability to be calculated on the
last radioed advice to the Fishery bureau, or the SSB advice to the vessel’s owners.
Warranted that radio or SSB advice to be given to vessel’s owners on a regular basis
and to state date, types of catch and position of vessel, all of that should be lodged in
the books of the vessel’s owners available at any time for underwriter’s examination if
required.
This insurance will be cancelled at the underwriter’s option subject to 20 days
cancellation clause.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SPECIAL CLAUSES (C) FOR AIR CARGO
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276060 號函備查
承保範圍
1 This insurance covers, except as provided in Clauses 2, below,
1.1 loss of or damage to the subject-matter insured reasonably attributable to
1.1.1 fire or explosion
1.1.2 falling of the aircraft
1.1.3 overturning or derailment of land conveyance
1.1.4 collision or contact of aircraft or conveyance with any external object
1.1.5 discharge of cargo at an airport of distress
1.2 loss of or damage to the subject-matter caused by
94
1.2.1 jettison
不保事項
2 In no case shall this insurance cover
2.1 loss damage or expense attributable to willful misconduct of the Assured
2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear
of the subject-matter insured
2.3 loss damage or expense caused by insufficiency or unsuitability of packing or
preparation of the subject-matter insured (for the purpose of this Clause 2.3
"packing" shall be deemed to include stowage in a container or liftvan but
only when such stowage is carried out prior to attachment of this insurance or
by the Assured or their servants)
2.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured
2.5 loss damage or expense arising from unfitness of aircraft conveyance
container or liftvan for the safe carriage of the subject-matter insured, where
the Assured or their servants are privy to such unfitness at the time the
subject-matter insured is loaded therein
2.6 loss damage or expense proximately caused by delay, even though the delay
be caused by a risk insured against
2.7 loss damage or expense arising from insolvency or financial default of the
owners managers charterers or operators of the aircraft
2.8 loss damage or expense arising from the use of any weapon of war
employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
2.9 Deliberate damages to or deliberate destruction of the subject matter insured
or any part thereof by the wrongful act of any person or persons.
3 In no case shall this insurance cover loss damage or expense caused by
3.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom,
or any hostile act by or against a belligerent power
3.2 capture seizure arrest restraint or detainment (piracy excepted), and the
consequences thereof or any attempt thereat
3.3 derelict mines torpedoes bombs or other derelict weapons of war.
4 In no case shall this insurance cover loss damage or expense
4.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions
4.2 resulting from strikes, lock-outs, labour disturbances, riots or civil
commotions
4.3 caused by any terrorist or any person acting from a political motive.
個人保險商品預定費用率
95
不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SPECIAL WARRANTY FOR STEEL CARGO IN BULK
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276061 號函備查
承保範圍
It is hereby warranted that
1 Surveys at the ports of loading and discharge shall be conducted by Lloyds’
surveyors or others approved by the Underwriters to certify weight and number of
pieces of the insured cargo. Such survey fees shall be at the expense of the Assured.
2 The age of the carrying vessel shall not exceed xx years.
Additional premiums are required of the carrying vessel between the ages of xx and
xx in accordance with the current “ Marine Cargo Overage Surcharge Scale for
Shipments by Vessel Held Covered “issued by R.O.C. Insurance Association.
3 In no case shall the carrying vessel be employed for the last voyage &/or for
break-up.
4 This insurance shall not cover shortage in weight if meanwhile there is no shortage
in quantity of pieces, and vice versa. However, in case of shortages both in weight
and quantity of pieces, this insurance shall only cover whichever is lesser of the
losses.
5 This insurance shall not cover loss/damage expenses or liability as a result of rust,
oxidation, discoloration, but shall still cover loss/damage expenses or liability as a
result of rust, oxidation, discoloration, caused of by the risks covered within the
scope of Institute Cargo Clause(C) and must be proved by ocean carrier’s certified
damage report.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SPECIAL WARRANTY FOR STEEL PRODUCTS (B)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276062 號函備查
承保範圍
It is hereby warranted that
1. This insurance is free from any liability for shortage in weight or alternatively number of
pieces of the insured cargo. In case of shortage both in weight and number of pieces, it
shall be payable for whichever is less.
96
2. This insurance only covers any loss, damage, expense or liability as a result of contacting
with sea water.
3. Surveys should be conducted by our authorized surveyor after arrival at port of discharge.
If the goods sustain the loss of shortage, the Assured should obtain the exception list
issued by the carriers to substantiate the loss.
4. In no case shall the carrying vessel be employed for the last voyage and/or for break-up.
The age of the carrying vessel shall not exceed 20 years.
5. The Assured should give prompt notice of the carrying vessel‘s name and sailing date in
written form before shipment.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SUBROGATION CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276063 號函備查
承保範圍
A. It is agreed that upon payment of any loss, the Assurers are subrogated to all the
rights of the Insured to the extent of such payment. Any written release or
waiver of liability entered into by the Insured in the normal course of their
business prior to loss hereunder shall not alter this insurance or the right of the
Insured to recover hereunder. The right of subrogation against the Insured’s
subsidiary, affiliated, or associated corporation or companies, joint ventures,
partnerships or any other corporations or companies associated with the Insured
through ownership or management is waived.,
B. In the event of any payment under this Policy, the Assurers shall be subrogated to
the extent of such payment to all the Assured’s rights of recovery therefore. The
Assured shall execute all papers required and shall do anything that may be
necessary to secure such right. The Assurers will act in concert with all other
interests concerned, i.e., the Assured and any other company(ies) participating in
the payment of any loss as primary or excess Assurers, in the exercise of such
rights of recovery. If any amount is recovered after deducting the costs of
recovery such amount shall be divided between the interests concerned in the
proportion of their respective interests. If there should be no recovery, the
expense of proceedings shall be borne proportionately by the interests instituting
the proceedings.
不保事項
同主保險契約
個人保險商品預定費用率
97
不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SURVEY WARRANTY CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276064 號函備查
承保範圍
Identified subject-matter insured are subject to pre-shipment survey by Insurer and/or
approved surveyor of all packing and preparation for transit.
Identified subject-matter insured are also subject to prior approval by Insurer and/or
approved surveyor of all proposed load/stowage/discharge and procedures for carriage
to site. All recommendations made to be fully complied with.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:WAIVE SUBROGATION RIGHTS CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276065 號函備查
承保範圍
In all cases of loss the Assured shall, at the request of the Assurers or their Agents,
assign and subrogate to the Assurers at the time of payment and to an amount not
exceeding the sum paid by the Assurers, all their rights and claims against others and
permit suit to be brought in the Assured’s name but at the Assurers’ expense; the
Assured further agrees to render all reasonable assistance in the prosecution of said suit
or suits.
It is a further condition of this insurance that if any claimant impairs or diminishes the
rights to which Underwriters would be subrogated upon payment, Underwriters may
deduct from such payment a sum equal to the estimated recovery lost by reason of the
claimant’s action or inaction.
It is agreed that the Assurers hereunder waive all rights of subrogation (except in
respect to General Average) against any subsidiary, affiliated or interrelated concern or
corporation of the Assured, and any partner, executive, director or trustee thereof.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
98
商品名稱:WAREHOUSE TO WAREHOUSE CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276066 號函備查
承保範圍
This insurance attaches from the time the goods leave the warehouse or place of storage
at the place named in the policy, certificate or declaration for the commencement of the
transit and continues until:
1. the goods are delivered to the Consignee’s or other final warehouse or place of
storage, whether prior to or at the destination named in the policy, certificate, or
2. the goods are delivered to any other warehouse or place of storage, whether prior to
or at the destination named in the certificate, declaration, or special policy, which
the Assured elects to use either:
a. for storage other than in the ordinary course of transit, or
b. for allocation or distribution, or
3. the expiry of sixty (60) days (30days on air shipments) after completion of
discharge from the overseas vessel or aircraft, whichever shall first occur.
In the event of delay in excess of the limits specified in 3 above arising from
circumstances beyond the control of the Assured give notice thereof to these Assurers
as promptly as possible but in any event prior to the expiry of the said (30) days period.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE REPLACEMENT CLAUSE (APPLYING
TO MACHINERY)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276067 號函備查
承保範圍
In the event of loss or damage to any part or parts of an insurance caused by a peril
covered by the Policy the sum recoverable shall not exceed the cost of replacement or
repair to such part or parts plus charges for forwarding and refitting, if incurred, but
Excluding duty unless the full duty in included in the amount insured, in which case
loss, if any sustained by payment of additional duty shall also be recoverable.
Provided always that in no case shall the liability of Underwriters exceed the insured
value of the complete machine.
不保事項
同主保險契約
個人保險商品預定費用率
99
不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:DEBRIS REMOVAL CLAUSE– A VERSION WORDING
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276068 號函備查
承保範圍
It is hereby agreed that expenses incurred in the removal of all debris of property
insured hereunder which may be occasioned by loss caused by any of the perils insured
against hereunder are recoverable up to the limit of each claim under this
policy.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:DEBRIS REMOVAL CLAUSE– B VERSION WORDING
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276069 號函備查
承保範圍
This insurance is extended to cover, in addition to any other amount recoverable under
this insurance, extra expenses reasonably incurred by the Assured for the removal and
disposal of debris of the subject-matter insured, or part thereof, by reason of damage
thereto caused by an insured risk, but excluding absolutely any expenses incurred in
consequence of or to prevent or mitigate pollution or contamination, or any threat or
liability therefore, the cost of removal of cargo from any vessel or craft.
In no case shall the insurers be liable under this Clause for more than xx % of the
proportionate insured value under this policy of the subject-matter removed.
The coverage afforded hereunder shall not increase the Limits of Liability provided for
hereunder.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:DEBRIS REMOVAL CLAUSE– C VERSION WORDING
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276070 號函備查
承保範圍
100
This insurance is extended to cover, in addition to any other amount recoverable under
this insurance, extra expenses reasonably incurred by the assured for the removal and
disposal of debris of the subject-matter insured, or part thereof, by reason of damage
thereto caused by an insured risk, but excluding absolutely:
(1) any expenses incurred in consequence of or to prevent or mitigate pollution
liability therefore.
(2) the cost of removal of cargo from any vessel or craft.
The indemnity provided by this clause shall be in addition to the indemnity provided
elsewhere herein but be limited to a further xx % of the insured value of the goods lost
or damaged.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:OTHER INSURANCE
核准日期及文號 99年 02 月 03 日新安東京海上 99字第 0074 號函備查
承保範圍
This insurance does not cover any loss or damage to the property which at the time of
the happening of such loss or damage is insured by or would but for the existence of
this Open Policy be insured by any fire or other insurance policies except in respect of
any excess beyond the amount which would have been payable under the fire or other
insurance policy or policies had this insurance not been effected.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:LETTER OF CREDIT CLAUSE
核准日期及文號 99年 02 月 03 日新安東京海上 99字第 0075 號函備查
承保範圍
Notwithstanding the conditions of this contract it is agreed that certificates and/or
policies may be issued hereunder to comply with the insurance requirements of any
Letter of Credit and/or Sales Contract concerned, such agreement being conditional on
the payment of any additional premium which may be required in the event that the
cover required is wider than that provided by the current contract wording.
It is also agreed that regardless of the conditions on which any certificates and policies
101
may be issued pursuant to the foregoing, the Assured named herein shall continue to
enjoy the full protection of the this contract.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE COAL CLAUSES
核准日期及文號 100年 01 月 05 日新安東京海上 100字第 0008 號函備查
承保範圍
1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below,
1.1 loss of or damage to the subject-matter insured reasonably attributable to
1.1.1 fire or explosion or heating. even when caused by spontaneous combustion. inherent vice or
nature of the subject-matter insured
1.1.2 vessel being stranded grounded sunk or capsized
1.1.3 collision or contact of vessel with any external object other than water
1.1.4 discharge of cargo at a port of distress
1.1.5 earthquake volcanic eruption or lightning
1.2 loss of or damage to the subject-matter insured caused by
1.2.1 general average sacrifice
1.2.2 jettison, or washing overboard
1.2.3 entry of sea lake or river water into vessel hold container or place of storage.
2. This insurance covers general average and salvage charges, adjusted or determined according to the
contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with
the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this
insurance.
3. This insurance is extended to indemnify the Assured against such proportion of liability under the
contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable
hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify
the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against
such claim.
不保事項
4. In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the
subject-matter insured
4.3 loss damage or expense proximately caused by delay, even though the delay be caused by a risk
insured against (except expenses payable under Clause 2 above)
4.4 loss damage or expense arising from insolvency or financial default of the owners managers
charterers or operators of the vessel
102
4.5 deliberate damages to or deliberate destruction of the subject-matter insured or any part thereof
by the wrongful act of any person or persons
4.6 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter.
5. 5.1 In no case shall this insurance cover loss damage or expense arising from
unseaworthiness of vessel or craft,
unfitness of vessel craft conveyance container for the safe carriage of the subject-matter
insured,
where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the
subject-matter insured is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and
fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their
servants are privy to such unseaworthiness or unfitness.
6. In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile
act by oragainst a belligerent power
6.2 capture seizure arrest restraint or detainment, and the consequences thereof or any attempt
thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7. In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil
commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3 caused by any terrorist or any person acting from a political motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:Institute Bulk Oil Clauses 1/2/83
核准日期及文號 100年 01 月 05 日新安東京海上 100字第 0009 號函備查
承保範圍
1 This insurance covers, except as provided in Clauses 4,5,6 and 7 below,
1.1 loss of or contamination of the subject-matter insured reasonably attributable to
1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 collision or contact of vessel or craft with any external object other than water
1.1.4 discharge of cargo at a port of distress
1.1.5 earthquake volcanic eruption or lightning,
1.2 loss of or contamination of the subject-matter caused by
1.2.1 general average sacrifice
103
1.2.2 jettison
1.2.3 leakage from `connecting pipelines in loading transshipment or discharge
1.2.4 negligence of Master Officers or Crew in pumping cargo ballast or fuel
1.3 contamination of the subject-matter insured resulting from stress of weather.
2 This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or
the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded
in Clauses 4,5,6 and 7 or elsewhere in this insurance.
3 This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both
to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said
Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured
against such claim.
不保事項
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
4.3 loss damage or expense caused by inherent vice or nature of the subject-matter insured
4.4 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except
expenses payable under clause 2 above)
4.5 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the
vessel
4.6 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or
other like reaction or radioactive force or matter
5 5.1 In no case shall this insurance cover loss or damage expense arising from unseaworthiness of vessel or craft, unfitness of
vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured where the Assured or their
servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry
the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or
unfitness.
6 In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent
power
6.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7 In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3 caused by any terrorist or any person acting from a political motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:Institute Bulk Oil Clauses 1/2/83(delete 1.2.3 &
104
1.2.4) 核准日期及文號 100年 01 月 05 日新安東京海上 100字第 0010 號函備查
承保範圍
1 This insurance covers, except as provided in Clauses 4,5,6 and 7 below,
1.1 loss of or contamination of the subject-matter insured reasonably attributable to
1.1.1 fire or explosion
1.1.2 vessel or craft being stranded grounded sunk or capsized
1.1.3 collision or contact of vessel or craft with any external object other than water
1.1.4 discharge of cargo at a port of distress
1.1.5 earthquake volcanic eruption or lightning,
1.2 loss of or contamination of the subject-matter caused by
1.2.1 general average sacrifice
1.2.2 jettison
1.3 contamination of the subject-matter insured resulting from stress of weather.
2 This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or
the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded
in Clauses 4,5,6 and 7 or elsewhere in this insurance.
3 This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both
to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said
Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured
against such claim.
不保事項
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to wilful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
4.3 loss damage or expense caused by inherent vice or nature of the subject-matter insured
4.4 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except
expenses payable under clause 2 above)
4.5 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the
vessel
4.6 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or
other like reaction or radioactive force or matter
5 5.1 In no case shall this insurance cover loss or damage expense arising from unseaworthiness of vessel or craft, unfitness of
vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured where the Assured or their
servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry
the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or
unfitness.
6 In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent
power
6.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat
105
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7 In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3 caused by any terrorist or any person acting from a political motive.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: Cancellation Clause 核准日期及文號 100年 01 月 05 日新安東京海上 100字第 0011 號函備查
承保範圍
All risks as described herein except the risks of War and Strikes are subject to
60 days notice of cancellation by either party.
The inclusion in this insurance contract of coverage against War Risks (as defined
in the relevant Institute War Clauses as attached) may be cancelled by either party
giving 7 days notice.
The inclusion in this insurance contract of coverage against Strikes (as defined
in the relevant Institute Strike Clauses as attached) may be cancelled by either
party giving 7 days (48 hours in respect of spending to or from the U.S.A.) notice.
Such cancellation shall become effective on the expiry of the relevant (see above)
number of days or hours from midnight G.M.T. of the day on which notice of
cancellation is issued by or to underwriters, but shall not apply to any Insurance
against the said risks which shall have attached before the cancellation becomes
effective.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:Sanction Limitation and Exclusion Clause 核准日期及文號 100年 01 月 05 日新安東京海上 100字第 0012 號函備查
承保範圍
No insurer shall be deemed to provide cover and non insurer shall be liable
to pay any claim or provide any benefit hereunder to the extent that the
provision of such cover, payment of such claim or provision of such benefit
106
would expose that insurer to any sanction, prohibition or restriction under
United Nations resolutions or the trade or economic sanctions, laws or
regulations of the European Union, United Kingdom or United States of
America.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Warranty for
Refrigerated Cargo 核准日期及文號 100年 06月 07日新安東京海上 100字第 0362號函備查
承保範圍
Notwithstanding anything to the contrary contained herein, it is a
warranty of this insurance that:
1. The goods are in sound condition and properly prepared packed and frozen
at the time of attachment of the insurance.
2. The period between the first passing of the goods into a Freezing Chamber
and shipment on board the overseas vessel shall not exceed 60 days.
3. The Assured shall take all precautions to ensure that the goods are kept
in refrigerated or insulated space during the currency of the policy
except during actual loading operations.
4. On discovery by the Assured his servants or agents of any loss of,
deterioration of or damage to any part of the goods immediate notice
shall be given to Underwriters. In no case shall any claim be
recoverable hereunder where notice is given to Underwriters more than
30 days after the termination of the insurance.
5. Claim against the carrier shall be immediately field in writing, a copy
of which must accompany any claim presented under this insurance
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Other Insurance
Clause (1) 核准日期及文號 100年 06 月 07 日新安東京海上 100字第 0363 號函備查
承保範圍
If there is other insurance covering the same loss or damage, we will pay
only for the amount of covered loss or damage in excess of the amount due
107
from that other insurance. Nevertheless, we will not pay more than the
actual amount of the loss or damage and/or the applicable limit of
insurance.
This clause is applicable to in excess amount.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Truck Risk Clause 核准日期及文號 100年 06月 07日新安東京海上 100字第 0364 號函備查
承保範圍
In no case shall this insurance cover loss or damage caused by theft from
unattended vehicle. If circumstances cannot be avoided, this insurance
covers loss or damage caused by theft provided that the carrying vehicle
is fitted with an immobilizer and all vehicle doors must be securely locked
and windows and other means of access shall be securely closed. Vehicle
must be parked at public car park when left unattended at any time.
Warranted the carrying conveyance with the goods insured can not stay
overnight during the transportation.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物貨物運送人責任保險
核准日期及文號 70 年 11 月 24 日台財融第 24185 號函核准
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正 承保範圍
本保險單承保被保險人所運送之貨物於正常運送途中因意外事故所致之毀損滅失,依法應由被保險人負賠償責任,而受賠償請求時,本公司對被保險人負賠償之責。
不保事項 1. 使用價值或市場價格之損失。 2. 因運送遲延所致之損失。 3. 託運人包裝不良所致中途散失、滲漏者。 4. 包裝完好而其內容短少或不符,而無法證明係因意外事故所致者。 5. 因貨物之特性致重量減輕、腐化、醱酵、長黴、生鏽、褪色、異味、自燃或
108
遭蟲鼠咬損者。 6. 貨物存放於倉庫、堆棧或其他建築物內之損失,但正常運輸途中必須之臨時儲存不在此限。 7. 被保險人之故意或重大過失所致之損失。 8. 被保險人或其受僱人於執行業務時,因違法行為、無照駕駛、越級駕駛或因
酒類或葯劑影響所致之損失。 9. 運送工具超載、超速所致之損失。 10. 因颱風、地震、洪水及其他不可抗力因素,不論直接或間接所致之損失。 11. 因敵人侵略、外敵行為、戰爭 (不論宣戰與否)類似戰爭行為、叛亂、內戰、
強力霸佔或被征用、軍事訓練或演習,無論直接或間接所致之毀損滅失。 12. 因罷工、暴動、民眾騷擾,無論直接或間接所致之毀損滅失。 13. 因核子分裂、溶解或輻射作用,無論直接或間接所致之毀損滅失。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物貨物運送人責任保險平板拖車附加條款
(甲式)
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299032 號函備查
條款內容 主保險契約基本條款所承保竊盜之範圍以車頭及整櫃貨物同時遺失或被竊所造成全損為限。但係由於車頭及整櫃貨物在遺失或被竊經尋獲後所導致之分損,依法應由被保險人負賠償責任,而受賠償請求時,本公司對被保險人負賠償之責。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物貨物運送人責任保險平板拖車附加條款
(乙式)
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299033 號函備查
條款內容 茲經雙方同意主保險契約基本條款第一章第一條修正為:
「本保險契約僅承保被保險人所運送之貨物於正常運送途中因火災、爆炸及承載貨物之被保險車輛發生意外碰撞或翻覆致所運送之貨物發生毀損或滅失,依法應由被保險人負賠償責任,而受賠償請求時,本公司對被保險人負賠償之責」。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物貨物運送人責任保險冷凍/冷藏附加條
款
核准日期及文號
109
中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299034 號函備查
條款內容 茲經雙方同意主保險契約基本條款第一章第一條修正為:
「本保險契約僅承保被保險人所運送之貨物於正常運送途中因火災、爆炸及承載貨物之被保險車輛發生意外碰撞或翻覆致所運送之貨物發生毀損或滅失,依法應由被保險人負賠償責任,而受賠償請求時,本公司對被保險人負賠償之責」。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物貨物運送人責任保險汽車專用拖車附加
條款(乙式)
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299035 號函備查
條款內容 茲經雙方同意,主保險契約基本條款第一章第一條修正為:
「本保險契約僅承保被保險人所運送之貨物於正常運送途中及上下卸貨過程中,因火災、爆炸及承載貨物之被保險車輛發生意外碰撞或翻覆致所承運之貨物(在此指被拖車輛)發生毀損,依法應由被保險人負賠償責任,而受託運人之請求時,本公司對被保險人負賠償責任」。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物貨物運送人責任保險非貨櫃車附加條款
(甲式)
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299036 號函備查
條款內容 茲經雙方同意主保險契約基本條款第二章第四條第一項增列第 8、9、10、11 款:
8.散裝油料、散裝化料、粉粒、易燃液體、壓縮氣體。
9.營建機具、機器設備。
10.汽車、機車等各型機動車輛及汽、機、帆船艇。
11.油罐體、貨櫃體及車架、板架。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物貨物運送人責任保險非貨櫃車附加條款
(乙式)
核准日期及文號 99年 04月 23 日新安東京海上 99字第 022104 號函備查 條款內容
110
茲經雙方同意主保險契約基本條款第一章第一條修正為:
「本保險契約僅承保被保險人以本保險契約所載明之運送工具承運非以貨櫃裝運之貨物於正常運輸途中因火災、爆炸或運送工具意外事故發生碰撞或傾覆所致貨物之毀損或滅失,依法應由被保險人負賠償責任,而受賠償請求時,本公司對被保險人負賠償之責」。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物貨物運送人責任保險貨櫃車附加條款
(甲式)
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299038 號函備查
條款內容 主保險契約所承保竊盜險之範圍以車頭及整櫃貨物同時遺失或被竊所造成之全損為限。但係由於車頭及整櫃貨物在遺失或被竊經尋獲後所導致之分損,依法應由被保險人負賠償責任,而受賠償請求時,本公司對被保險人負賠償之責。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物貨物運送人責任保險貨櫃車附加條款
(乙式)
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299039 號函備查
條款內容 茲經雙方同意主保險契約基本條款第一章第一條修正為:
「本保險契約僅承保被保險人以本保險契約所載明之運送工具所承運之貨物,於正常運輸途中因火災、爆炸或運送工具因意外事故發生碰撞或傾覆所致貨物之毀損或滅失,依法應由被保險人負賠償責任,而受賠償請求時,本公司對被保險人負賠償之責」。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
● 商品名稱:新安東京海上產物貨物運送人責任保險竊盜附加條款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299040 號函備查
條款內容 茲經通知並雙方同意,被保險人受託運送之貨物於正常運送途中因竊盜行為所致之毀損滅失,依法應由被保險人負賠償責任,而受賠償請求時,除本附加條款另有約定外,本公司對被保險人負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
111
請洽本公司
商品名稱:INSTITUTE TIME CLAUSES – HULLS TOTAL LOSS
ONLY (Including Salvage, Salvage Charges and Sue and Labour)
核准日期及文號
102 年 09 月 25 日新安東京海上 102 商字第 0095 號函備查
承保範圍
1 NAVIGATION
1.1 The Vessel is covered subject to thc provisions of this insurance at all times and has leave to
sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in
distress, but it is warranted that the Vessel shall not be towed, except as is customary or to the
first safe port or place when in need of assistance, or undertake towage or salvage services
under a contract previously arranged by the Assured and/or Owners and/or Managers and/or
Charterers. This Clause 1.1 shall not exclude customary towage in connection with loading and
discharging.
1.2 In the event of the Vessel being employed in trading operations which entail cargo loading or
discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim
shall be recoverable under this insurance for loss of or damage to the Vessel from such loading
or discharging operations, including whilst approaching, lying alongside and leaving, unless
previous notice that the Vessel is to be employed in such operations has been given to the
Underwriters and any amended terms of cover and any additional premium required by them
have been agreed.
1.3 In the event of the Vessel sailing (with or without cargo) with an intention of being (a) broken
up, or (b) sold for breaking up, any claim for loss of or damage to the Vessel occurring
subsequent to such sailing shall be limited to the market value of the Vessel as scrap at the
time when the loss or damage is sustained, unless previous notice has been given to the
Underwriters and any amendments to the terms of cover, insured value and premium required
by them have been agreed. Nothing in this Clause 1.3 shall affect claims under Clause 9.
2 CONTINUATION
Should the Vessel at the expiration of this insurance be at sea or in distress or at a port of refuge or
of call, she shall, provided previous notice be given to the Underwriters, be held covered at a pro
rata monthly premium to her port of destination.
3 BREACH OF WARRANTY
Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services
or date of sailing, provided notice be given to the Underwriters immediately after receipt of advices
and any amended terms of cover and any additional premium required by them be agreed.
4 TERMINATION
This Clause 4 shall prevail notwithstanding any provision whether written typed or printed in this
112
insurance inconsistent therewith
Unless the Underwriters agree to the contrary in writing, this insurance shall terminate
automatically at the time of
4.1 change of the Classification Society of the Vessel, or change, suspension, discontinuance,
withdrawal or expiry of her Class therein, provided that if the Vessel is at sea such automatic
termination shall be deferred until arrival at her next port. However where such change,
suspension, discontinuance or withdrawal of her Class has resulted from loss or damage which
would be covered by an insurance of the Vessel subject to current Institute Time Clauses Hulls
or Institute War and Strikes Clauses Hulls-Time such automatic termination shall only operate
should the Vessel sail from her next port without the prior approval of the Classification
Society,
4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management or
charter on a bareboat basis, or requisition for title or use of the Vessel, provided that, if the
Vessel has cargo on board and has already sailed from her loading port or is at sea in ballast,
such automatic termination shall if required be deferred, whilst the Vessel continues her
planned voyage, until arrival at final port of discharge if with cargo or at port of destination if
in ballast. However, in the event of requisition for title or use without the prior execution of a
written agreement by the Assured, such automatic termination shall occur fifteen days after
such requisition whether the Vessel is at sea or in port.
A pro rata daily net return of premium shall be made.
5 ASSIGNMENT
No assignment of or interest in this insurance or in any moneys which may be or become payable
thereunder is to be binding on or recognized by the Underwriters unless a dated notice of such
assignment or interest signed by the Assured, and by the assignor in the case of subsequent
assignment, is endorsed on the Policy and the Policy with such endorsement is produced before
payment of any claim or return of premium thereunder.
6 PERILS
6.1 This insurance covers total loss (actual or constructive) of the subject-matter insured caused
by
6.1.1 perils of the seas rivers lakes or other navigable waters
6.1.2 fire explosion
6.1.3 violent theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown of or accident to nuclear installations or reactors
6.1.7 contact with aircraft or similar objects, or objects falling therefrom, land conveyance,
dock or harbour equipment or installation
6.1.8 earthquake volcanic eruption or lightning.
113
6.2 This insurance covers total loss (actual or constructive) of the subject-matter insured caused
by
6.2.1 accidents in loading discharging or shifting cargo or fuel
6.2.2 bursting of boilers breakage of shafts or any latent defect in the machinery or hull
6.2.3 negligence of Master Officers Crew or Pilots
6.2.4 negligence of repairers or charterers provided such repairers or charterers are not an
Assured hereunder
6.2.5 barratry of Master Officers or Crew.
provided such loss or damage has not resulted from want of due diligence by the Assured.
Owners or Managers.
6.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause
6 should they hold shares in the Vessel.
7 POLLUTION HAZARD
This insurance covers total loss (actual or constructive) of the Vessel caused by any
governmental authority acting under the powers vested in it to prevent or mitigate a pollution
hazard, :or threat thereof, resulting directly from damage to the Vessel caused by a peril covered
by this insurance, provided such act of governmental authority has not resulted from want of
due diligence by the Assured, the Owners, or Managers of the Vessel or any of them to prevent
or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be considered Owners
within the meaning of this Clause 7 should they hold shares in the Vessel.
8 NOTICE OF CLAIM
8.1 In the event of accident whereby loss or damage may result in a claim under this insurance,
notice shall be given to the Underwriters prior to survey and also, if the Vessel is abroad, to the
nearest Lloyd's Agent so that a surveyor may be appointed to represent the Underwriters should
they so desire.
9 SALVAGE
9.1 This insurance covers the Vessel's proportion of salvage and salvage charges, reduced in respect
of any under-insurance.
9.2 No claim under this Clause 9 shall in any case be allowed where the loss was not incurred to
avoid or in connection with the avoidance of a peril insured against.
10 SISTERSHIP
Should the Vessel hereby insured receive salvage services from another vessel belonging
wholly or in part to the same Owners or under the same management, the Assured shall have the
same rights under this insurance as they would have were the other vessel entirely the property
of Owners not interested in the Vessel hereby insured; but in such. cases the amount payable for
the services rendered shall be referred to a sole arbitrator to be agreed upon between the
114
Underwriters and the Assured.
11 DUTY OF ASSURED (SUE AND LABOUR)
11.1 In case of any loss or misfortune it is the duty of the Assured and their servants and agents to
take such measures as may be reasonable for the purpose of averting or minimising a loss
which would be recoverable under this insurance.
11.2 Subject to the provisions below the Underwriters will contribute to charges properly and
reasonably incurred by the Assured their servants or agents for such measures. General average,
salvage charges and collision defence or attack costs are not recoverable under this Clause 11.
11.3 Measures taken by the Assured or the Underwriters with the object of saving, protecting or
recovering the subject-matter insured shall not be considered as a waiver or acceptance of
abandonment or otherwise prejudice the rights of either party.
11.4 When expenses are incurred pursuant to this Clause 11 the liability under this insurance shall
not exceed the proportion of such expenses that the amount insured hereunder bears to the
value of the Vessel as stated herein, or to the sound value of the Vessel at the time of the
occurrence giving rise to the expenditure if the sound value exceeds that value. Where the
Underwriters have admitted a claim for total loss and property insured by this insurance is
saved, the foregoing provisions shall not apply unless the expenses of suing and labouring
exceed the value of such property saved and then shall apply only to the amount of the
expenses which is in excess of such value.
11.5 When a claim for total loss of the Vessel is admitted under this insurance and expenses have
been reasonably incurred in saving or attempting to save the Vessel and other property and
there are no proceeds, or the expenses exceed the proceeds, then this insurance shall bear its
pro rata share of such proportion of the expenses, or of the expenses in excess of the proceeds,
as the case may be, as may reasonably be regarded as having been incurred in respect of the
Vessel; but if the Vessel be insured for less than its sound value at the time of the occurrence
giving rise to the expenditure, the amount recoverable under this clause shall be reduced in
proportion to the under-insurance.
11.6 The sum recoverable under this Clause 11 shall be in addition to the loss otherwise recoverable
under this insurance but shall in no circumstances exceed the amount insured under this
insurance in respect of the Vessel.
12 CONSTRUCTIVE TOTAL LOSS
12.1 In ascertaining whether the Vessel is a constructive total loss, the insured value shall be taken
as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or
wreck shall be taken into account.
12.2 No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel
shall be recoverable hereunder unless such cost would exceed the insured value. In making this
determination, only the cost relating to a single accident or sequence of damages arising from
the same accident shall be taken into account.
13 FREIGHT WAIVER
115
In the event of total or constructive total loss no claim to be made by the Underwriters for
freight whether notice of abandonment has been given or not.
14 DISBURSEMENTS WARRANTY
14.1 Additional insurances as follows are permitted:
14.1.1 Disbursements, Managers' Commissions, Profits or Excess or increased Value of Hull
and Machinery. A sum not exceeding 25% of the value stated herein.
14.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding
25% of the value as stated herein less any sum insured, however described, under
14.1.1
14.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the gross freight or
hire for the current cargo passage and next succeeding cargo passage (such insurance
to include, if required. a preliminary and an intermediate ballast passage) plus the
charges of insurance. In the case of a voyage charter where payment is made on a
time basis, the sum permitted for insurance shall be calculated on the estimated
duration of the voyage, subject to the limitation of two cargo passages as laid down
herein. Any sum insured under 14.1.2 to be taken into account and only the excess
thereof may be insured. which excess shall be reduced as the freight or hire is
advanced or earned by the gross amount so advanced or earned.
14.1.4 Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum not
exceeding the anticipated gross freight on next cargo passage, such sum to be
reasonably estimated on the basis of the current rate of freight at time of insurance
plus the charges of insurance. Any sum insured under 14.1.2 to be taken into account
and only the excess thereof may be insured.
14.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of
the gross hire which is to be earned under the charter in a period not exceeding 18
months. Any sum insured under 14.1.2 to be taken into account and only the excess
thereof may be insured, which excess shall be reduced as the hire is advanced or
earned under the charter by 50% of the gross amount so advanced or earned but the
sum insured need not be reduced while the total of the sums insured under 14.1.2 and
14.1.5 does not exceed 50% of the gross hire still to be earned under the charter. An
insurance under this Section may begin on the signing of the charter.
14.1.6 Premiums. A sum not exceeding the actual premium of all interests insured for a period
not exceeding 12 months (excluding premiums insured under the foregoing sections
but including, if required, the premium or estimated calls on any Club or War etc.
Risk insurance) reducing pro rata monthly.
14.1.7 Returns of premium. A sum not exceeding the actual returns which are allowable under
any insurance but which would not be recoverable thereunder in the event of a total
loss of the Vessel whether by insured perils or otherwise.
14.1.8 Insurance irrespective of amount against.
Any risks excluded by Clauses 16, 17. 18 and 19 below.
116
14.2 Warranted that no insurance on any interests enumerated in the foregoing 14.1.1 to 14.1.7 in
excess of the amounts permitted therein and no other insurance which includes total loss of the
Vessel P.P.I., F.I.A., or subject to any other like term, is or shall be effected to operate during
the currency of this insurance by or for account of the Assured, Owners, Managers or
Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters
any defence to a claim by a Mortgagee who has accepted this insurance without knowledge of
such breach.
15 RETURNS FOR LAY-UP AND CANCELLATION
15.1 To return as follows:
15.1.1 Pro rata monthly net for each uncommenced month if this insurance be cancelled by
agreement.
15.1.2 For each period of 30 consecutive days the Vessel may be laid up in a port or in a lay-up
area provided such port or lay-up area is approved by the Underwriters (with special
liberties as hereinafter allowed)
(a) . .. .. . ... .. . .. .. . .. .. ... .. .. .. per cent net not under repair
(b) . .. .. . ... .. . .. .. . .. .. ... .. .. .. per cent net under repair.
If the Vessel is under repair during part only of a period for which a return is claimable, the
return shall be calculated pro rata to the number of days under (a) and (b)
respectively.
15.2 PROVIDED ALWAYS THAT
15.2.1 a total loss of the Vessel, whether by insured perils or otherwise, has not occurred
during the period covered by this insurance or any extension thereof
15.2.2 in no case shall a return be allowed when the Vessel is lying in exposed or unprotected
waters, or in a port or lay-up area not approved by the Underwriters but, provided the
Underwriters agree that such non-approved lay-up area is deemed to be within the
vicinity of the approved port or lay-up area, days during which the Vessel is laid up
in such non-approved lay-up area may be added to days in the approved port or
lay-up area to calculate a period of 30 consecutive days and a return shall be allowed
for the proportion of such period during which the Vessel is actually laid up in the
approved port or lay-up area
15.2.3 loading or discharging operations or the presence of cargo on board shall not debar
returns but no return shall be allowed for any period during which the Vessel is being
used for the storage of cargo or for lightering purposes
15.2.4 in the event of any amendment of the annual rate. The above rates of return shall be
adjusted accordingly
15.2.5 in the event of any return recoverable under this Clause 15 being based on 30
consecutive days which fall on successive insurances effected for the same Assured,
this insurance shall only be liable for an amount calculated at pro rata of the period
rates 15.1.2(a) and/or (b) above for the number of days which come within the period
of this insurance and to which a return is actually applicable. Such overlapping
117
period shall run, at the option of the Assured, either from the first day on which the
Vessel is laid up or the first day of a period of 30 consecutive days as provided under
15.1.2(a) or (b), or 15.2.2 above.
不保事項
The following clauses shall be paramount and shall override anything contained in this
insurance inconsistent therewith.
16 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense cause by
16.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile
act by or against a belligerent power
16.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the
consequences thereof or any attempt thereat
16.3 derelict mines torpedoes bombs or other derelict weapons of war.
17 STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
17.1 strikers. locked-out workmen. or persons taking part in labour disturbances, riots or civil
commotions
17.2 any terrorist or any person acting from a political motive.
18 MALICIOUS ACTS EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from
18.1 the detonation of an explosive
18.2 any weapon of war and caused by any person acting maliciously or from a political motive.
19 NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from any weapon of
war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or
matter.
個人保險商品預定費用率 不適用
短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE TIME CLAUSES–HULLS(but free of any
claim in respect of particular average of damage to the vessel unless
caused by fire, lighting, explosion, sinking, grounding, stranding or
damage resulting from collision with any ship or vessel or contact
with any floating objects.)
核准日期及文號
118
102 年 09 月 25 日新安東京海上 102 商字第 0096 號函備查
承保範圍
1 NAVIGATION
1.1 The Vessel is covered subject to the provisions of this insurance at all times and has
leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow
vessels or craft in distress, but it is warranted that the Vessel shall not be towed, except as is
customary or to the first safe port or place when in need of assistance, or undertake towage
or salvage services under a contract previously arranged by the Assured and/or Owners
and/or Managers and/or Charterers. This Clause 1 .1 shall not exclude customary towage in
connection with loading and discharging.
1.2 In the event of the Vessel being employed in trading operations which entail cargo
loading or discharging at sea from or into another vessel (not being a harbour or inshore
craft) no claim shall be recoverable under this insurance for loss of or damage to the Vessel
or liability to any other vessel arising from such loading or discharging operations,
including whilst approaching, lying alongside and leaving, unless previous notice that the
vessel is to be employed in such operations has been given to the Underwriters and any
amended terms of cover and any additional premium required by them have been agreed.
1.3 In the event of the Vessel sailing (with or without cargo) with an intention of being (a)
broken up, or (b) sold for breaking up, any claim for loss of or damage to the Vessel
occurring subsequent to such sailing shall be limited to the market value of the Vessel as
scrap at the time when the loss or damage is sustained, unless previous notice has been
given to the Underwriters and any amendments to the terms of cover, insured value arid
premium required by them have been agreed. Nothing in this Clause 1.3 shall affect claims
under Clauses 8 and/or 11.
2 CONTINUATION
2.1 Should the Vessel at the expiration of this insurance be at sea or in distress or at a port
of refuge or of call, she shall, provided previous notice be given to the Underwriters, be
held covered at a pro rata monthly premium to her port of destination.
3 BREACH OF WARRANTY
Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage
services or date of sailing, provided notice be given to the Underwriters immediately after
receipt of advices and any amended terms of cover and any additional premium required by
them he agreed.
4 TERMINATION
119
This Clause 4 shall prevail notwithstanding any provision whether written typed or printed
in this insurance inconsistent therewith.
Unless the Underwriters agree to the contrary in writing, this insurance shall terminate
automatically at the time of
4.1 change of the Classification Society of the Vessel, or change, suspension,
discontinuance, withdrawal or expiry of her Class therein, provided that if the Vessel is at
sea such automatic termination shall be deferred until arrival at her next port. However
where such change, suspension, discontinuance or withdrawal of her Class has resulted
from loss or damage covered by Clause 6 of this insurance or which would be covered by
an insurance of the Vessel subject to current Institute War and Strikes Clauses Hulls-Time
such automatic termination shall only operate should the Vessel sail from her next port
without the prior approval of the Classification Society,
4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new
management, or charter on a bareboat basis, or requisition for title or use of the Vessel,
provided that, if the Vessel has cargo on board and has already sailed from her loading port
or is at sea in ballast, such automatic termination shall if required be deferred, whilst the
Vessel continues her planned voyage, until arrival at final port of discharge if with cargo or
at port of destination if in ballast. However, in the event of requisition for title or use
without the prior execution of a written agreement by the Assured, such automatic
termination shall occur fifteen days after such requisition whether the Vessel is at sea or in
port.
A pro rata daily net return of premium shall be made.
5 ASSIGNMENT
No assignment of or interest in this insurance or in any moneys which may be or become
payable thereunder is to be binding on or recognised by the Underwriters unless a dated
notice of such assignment or interest signed by the Assured, and by the assignor in the case
of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement
is produced before payment of any claim or return of premium thereunder.
6 PERILS
6.1 This insurance covers loss of or damage to the subject-matter insured caused by
6.1.1 perils of the seas rivers lakes or other navigable waters
6.1.2 fire, explosion
6.1.3 violent theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown of or accident to nuclear installations or reactors
6.1.7 contact with aircraft or similar objects, or objects falling therefrom, land
120
conveyance, dock or harbour equipment or installation
6.1.8 earthquake volcanic eruption or lightning.
6.2 This insurance covers loss of or damage to the subject-matter insured caused by
6.2.1 accidents in loading discharging or shifting cargo or fuel
6.2.2 bursting of boilers breakage of shafts or any latent defect in the machinery or hull
6.2.3 negligence of Master Officers Crew or Pilots
6.2.4 negligence of repairers or charterers provided such repairers or charterers are not
an Assured hereunder
6.2.5 barratry of Master Officers or Crew,
provided such loss or damage has not resulted from want of due diligence by the Assured,
Owners or Managers.
6.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of
this Clause 6 should they hold shares in the Vessel.
7 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel caused by any governmental
authority acting under the powers vested in it to prevent or mitigate a pollution hazard, or
threat thereof, resulting directly from damage to the Vessel for which the Underwriters are
liable under this insurance, provided such act of governmental authority has not resulted
from want of due diligence by the Assured, the Owners, or Managers of the Vessel or any
of them to prevent or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to
be considered Owners within the meaning of this Clause 7 should they hold shares in this
Vessel.
8 3/4THS COLLISION LIABILITY
8.1 The Underwriters agree to indemnify the Assured for three-fourths of any sum or sums
paid by the Assured to any other person or persons by reason of the Assured becoming
legally liable by way of damages. for
8.1.1 loss of or damage to any other vessel or property on any other vessel
8.1.2 delay to or loss of use of any such other vessel or property thereon
8.1.3 general average of, salvage of, or salvage under contract of, any such other vessel
or property thereon,
where such payment by the Assured is in consequence of the Vessel hereby insured coming
into collision with any other vessel.
8.2 The indemnity provided by this Clause 8 shall he in addition to the indemnity
provided by the other terms and conditions of this insurance and shall be subject to the
following provisions:
121
8.2.1 Where the insured Vessel is in collision with another vessel and both vessels are
to blame then, unless the liability of one or both vessels becomes limited by law, the
indemnity under this Clause 8 shall be calculated on the principle of cross-liabilities as if
the respective Owners had been compelled to pay to each other such proportion of each
other’s damages as may have been properly allowed in ascertaining the balance or sum
payable by or to the Assured in consequence of the collision.
8.2.2 In no case shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed
their proportionate part of three-fourths of the insured value of the Vessel hereby insured in
respect of any one collision
8.3 The Underwriters will also pay three-fourths of the legal costs incurred by the Assured
or which the Assured may be compelled to pay in contesting liability or taking proceedings
to limit liability, with the prior written consent of the Underwriters.
EXCLUSIONS
8.4 Provided always that this Clause 8 shall in no case extend to any sum which the
Assured shall pay for or in respect of
8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing
whatsoever
8.4.2 any real or personal property or thing whatsoever except other vessels or property
on other vessels
8.4.3 the cargo or other property on, or the engagements of, the insured Vessel
8.4.4 Loss of life, personal injury or illness
8.4.5 pollution or contamination of any real or personal property or thing whatsoever
(except other vessels with which the insured Vessel is in collision or property on such other
vessels).
9 SISTERSHIP
Should the Vessel hereby insured come into collision with or receive salvage services from
another vessel belonging wholly or in part to the same Owners or under the same
management, the Assured shall have the same rights under this insurance as they would
have were the other vessel entirely the property of Owners not interested in the Vessel
hereby insured; but in such cases the liability for the collision or the amount payable for the
services rendered shall be referred to a sole arbitrator to be agreed upon between the
Underwriters and the Assured.
10 NOTICE OF CLAIM AND TENDERS
10.1 In the event of accident whereby loss or damage may result in a claim under this
insurance, notice shall be given to the Underwriters prior to survey and also, if the Vessel is
abroad, to the nearest Lloyd’s Agent so that a surveyor may be appointed to represent the
122
Underwriters should they so desire.
10.2 The Underwriters shall be entitled to decide the port to which the Vessel shall proceed
for docking or repair (the actual additional expense of the voyage arising from compliance
with the Underwriters’ requirements being refunded to the Assured) and shall have a right
of veto concerning a place of repair or a repairing firm.
10.3 The Underwriters may also take tenders or may require further tenders to be taken for
the repair of the Vessel. Where such a tender has been taken and a tender is accepted with
the approval of the Underwriters, an allowance shall be made at the rate of 30% per annum
on the insured value for time lost between the despatch of the invitations to tender required
by Underwriters and the acceptance of a tender to the extent that such time is lost solely as
the result of tenders having been taken and provided that the tender is accepted without
delay after receipt of the Underwriters’ approval.
Due credit shall be given against the allowance as above for any amounts recovered in
respect of fuel and stores and wages and maintenance of the Master Officers and Crew or
any member thereof, including amounts allowed in general average, and for any amounts
recovered from third parties in respect of damages for detention and/or loss of profit and/or
running expenses, for the period covered by the tender allowance or any part thereof.
Where a part of the cost of the repair of damage other than a fixed deductible is not
recoverable from the Underwriters the allowance shall be reduced by a similar proportion.
10.4 In the event of failure to comply with the conditions of this Clause 10 a deduction of
15% shall be made from the amount of the ascertained claim.
11 GENERAL AVERAGE AND SALVAGE
11.1 This insurance covers the Vessel’s proportion of salvage, salvage charges and/or
general average, reduced in respect of any under-insurance, but in case of general average
sacrifice of the Vessel the Assured may recover in respect of the whole loss without first
enforcing their right of contribution from other parties.
11.2 Adjustment to be according to the law and practice obtaining at the place where the
adventure ends, as if the contract of affreightment contained no special terms upon the
subject; but where the contract of affreightment so provides the adjustment shall be
according to the York-Antwerp Rules.
11.3 When the Vessel sails in ballast, not under charter, the provisions 01’ the
York-Antwerp Rules, 1974 (excluding Rules XX and XXI) shall be applicable, and the
voyage for this purpose shall be deemed to continue from the port or place of departure
until the arrival of the Vessel at the first port or place thereafter other than a port or place of
refuge or a port or place of call for bunkering only. If at any such intermediate port or place
123
there is an abandonment of the adventure originally contemplated the voyage shall
thereupon be deemed to be terminated.
11.4 No claim under this Clause 11 shall in any case be allowed where the loss was not
incurred to avoid or in connection with the avoidance of a peril insured against.
12 DEDUCTIBLE
12.1 No claim arising from a peril insured against shall be payable under this insurance
unless the aggregate of all such claims arising out of each separate accident or occurrence
(including claims Under Clauses 8, 11and 13)
exceeds……………………………………………………… in
which case this sum shall be deducted. Nevertheless the expense ‘of sighting the bottom
after stranding, if’ reasonably incurred specially for that purpose, shall be paid even if no
damage be found. This Clause 12.1 shall not apply to a claim for total or constructive total
loss of the Vessel or, in the event of such a claim, to any associated claim under Clause 13
arising from the same accident or occurrence.
12.2 Claims for damage by heavy weather occurring during a single sea passage between
two successive ports shall be treated as being due to one accident. In the case of such heavy
weather extending over a period not wholly covered by this insurance the deductible to be
applied to the claim recoverable hereunder shall be the proportion of the above deductible
that the number of days of such heavy weather falling within the period of this insurance
bears to the number of days of heavy weather during the single sea passage. The
expression “heavy weather” in this Clause 12.2 shall be deemed to include contact with
floating ice.
12.3 Excluding any interest comprised therein, recoveries against any claim which is
subject to the above deductible shall be credited to the Underwriters in full to the extent of
the sum by which the aggregate of the claim unreduced by any recoveries exceeds the
above deductible.
12.4 Interest comprised in recoveries shall be apportioned between the Assured and the
Underwriters, taking into account the sums paid by the Underwriters and the dates when
such payments were made, notwithstanding that by the addition of interest the Underwriters
may receive a Larger sum than they have paid.
13 DUTY OF ASSURED (SUE AND LABOUR)
13.1 In case of any loss or misfortune it is the duty of the Assured and their servants and
agents to take such measures as may be reasonable for the purpose of averting or
minimising a loss which would be recoverabLe under this insurance.
124
13.2 Subject to the provisions below and to Clause 12 the Underwriters will contribute to
charges properly and reasonably incurred by the Assured their servants or agents for such
measures. General average, salvage charges (except as provided for in Clause 13.5) and
collision defence or attack costs are not recoverable under this Clause 13.
13.3 Measures taken by the Assured or the Underwriters with the object of saving,
protecting or recovering the subject-matter insured shall not be considered as a waiver or
acceptance of abandonment or otherwise prejudice the rights of either party.
13.4 When expenses are incurred pursuant to this Clause 13 the liability under this
insurance shall not exceed the proportion of such expenses that the amount insured
hereunder bears to the value of the Vessel as stated herein, or to the sound value of the
Vessel at the time of the occurrence giving rise to the expenditure if the sound value
exceeds that value. Where the Underwriters have admitted a claim for total loss and
property insured by this insurance is saved, the foregoing provisions shall not apply unless
the expenses of suing and labouring exceed the value of such property saved and then shall
apply only to the amount of the expenses which is in excess of such value.
13.5 When a claim for total loss of the Vessel is admitted under this insurance and expenses
have been reasonably incurred in saving or attempting to save the Vessel and other property
and there are no proceeds, or the expenses exceed the proceeds, then this insurance shall
bear its pro rata share of such proportion of the expenses, or of the expenses in excess of
the proceeds, as the case may be, as may reasonably be regarded as having been incurred in
respect of the Vessel; but if the Vessel be insured for less than its sound value at the time of
the occurrence giving rise to the expenditure, the amount recoverable under this clause
shall be reduced in proportion to the 1.inder-insurance. ‘
13.6 The sum recoverable under this Clause I) shall be in addition to the loss
otherwise recoverable under this insurance but shall in no circumstances exceed the amount
insured under this insurance in respect of the Vessel.
14 NEW FOR OLD
Claims payable without deduction new for old.
15 BOTTOM TREATMENT
In no case shall a claim be allowed in respect of scraping gritblasting and/or other surface
preparation or painting of the Vessel’s bottom except that
15.1 gritblasting and/or other surface preparation of new bottom plates ashore and
supplying and applying any “shop” primer thereto,
125
15.2 gritblasting and/or other surface preparation of:
the butts or area of plating immediately adjacent to any renewed or refitted plating
damaged during the course of welding and/or repairs,
areas of plating damaged during the course of fairing, either in place or ashore,
15.3 supplying and applying the first coat of primer/anti-corrosive to those particular areas
mentioned in 15.1 and 15.2 above,
shall be allowed as part of the reasonable cost of repairs in respect of bottom plating
damaged by an insured peril.
16 WAGES AND MAINTENANCE
No claim shall be allowed, other than in general average, for wages and maintenance of the
Master, Officers and Crew, or any member thereof, except when incurred solely for the
necessary removal of the Vessel from one port to another for the repair of damage covered
by the Underwriters, or for trial trips for such repairs, and then only for such wages and
maintenance as are incurred whilst the Vessel is under way.
17 AGENCY COMMISSION
In no case shall any sum be allowed under this insurance either by way of remuneration of
the Assured for time and trouble taken to obtain and supply information or documents or in
respect of the commission or charges of any manager, agent, managing or agency company
or the like, appointed by or on behalf of the Assured to perform such services.
18 UNREPAIRED DAMAGE
18.1 The measure of indemnity in respect of claims for unrepaired damage shall be the
reasonable depreciation in the market value of the Vessel at the time this insurance
terminates arising from such unrepaired damage, but not exceeding the reasonable cost of
repairs.
18.2 In no case shall the Underwriters be liable for unrepaired damage in the event of a
subsequent total loss (whether or not covered under this insurance) sustained during the
period covered by this insurance or any extension thereof.
18.3 The Underwriters shall not be liable in respect of unrepaired damage for more than the
insured value at the time this insurance terminates.
19 CONSTRUCTIVE TOTAL LOSS
19.1 In ascertaining whether the Vessel is a constructive total loss, the insured value shall
126
be taken as the repaired value and nothing in respect of the damaged or break-up value of
the Vessel or wreck shall be taken into account.
19.2 No claim for constructive total loss based upon the cost of recovery and/or repair of
the Vessel shall be recoverable hereunder unless such cost would exceed the insured value.
In making this determination, only the cost relating to a single accident or sequence of
damages arising from the same accident shall be taken into account.
20 FREIGHT WAIVER
in the event of total or constructive total loss no claim to be made by the Underwriters for
freight whether notice of abandonment has been given or not.
21 DISBURSEMENTS WARRANTY
21.1 Additional insurances as follows are permitted:
21.1.1 Disbursements, Managers’ Commissions, Profits or Excess or Increased Value of
Hull and Machinery. A sum not exceeding 25% of the value stated herein.
21.1.2 Freight, Chartered Freight or Anticipated Freight, insured for lime. A sum not
exceeding 25% of the value as stated herein less any sum insured, however described,
under 21.1.1.
21.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the gross
freight or hire for the current cargo passage and next succeeding cargo passage (such
insurance to include, if required, a preliminary and an intermediate ballast passage) plus the
charges of insurance. In the case of a voyage charter where payment is made on a time
basis, the sum permitted for insurance shall be calculated on the estimated duration of the
voyage, subject to the limitation of two cargo passages as laid down herein. Any sum
insured under 21.1.2 to be taken into account and only the excess thereof may be insured,
which excess shall be reduced as the freight or hire is advanced or earned by the gross
amount so advanced or earned.
21.1.4 Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum not
exceeding the anticipated gross freight on next cargo passage, such sum to be reasonably
estimated on the basis of the current rate of freight at time of insurance plus the charges of
insurance. Any sum insured under 21.1.2 to be taken into account and only the excess
thereof may be insured.
21.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding
50% of the gross hire which is to be earned under the charter in a period not exceeding 18
months. Any sum insured under 21.1.2 to be taken into account and only the excess thereof
may be insured, which excess shall be reduced as the hire is advanced or earned under the
charter by 50% of the gross amount so advanced or earned but the sum insured need not be
reduced while the total of the sums insured under 21.1.2 and 2 1.1.5 does not exceed 50%
of the gross hire still to be earned under the charter. An insurance under this Section may
127
begin on the signing of the charter.
21.1.6 Premiums. A sum not exceeding the actual premiums of all interests insured for a
period not exceeding 12 months (excluding premiums insured under the foregoing sections
but including, if required, the premium or estimated calls on any Club or War etc. Risk
insurance) reducing pro rata monthly.
21.1.7 Returns of Premium. A sum not exceeding the actual returns which are allowable
under any insurance but which would not be recoverable thereunder in the event of a total
loss of the Vessel whether by insured perils or otherwise.
21.1.8 Insurance irrespective of amount against:
Any risks excluded by Clauses 23, 24, 25 and 26 below.
21.2 Warranted that no insurance on any interests enumerated in the foregoing 21 .1.1 to
21.1.7 in excess of the amounts permitted therein and no other insurance which includes
total toss of the Vessel P.P.I., F.I.A., or subject to any other like term, is or shall be effected
to operate during the currency of this insurance by or for account of the Assured, Owners,
Managers or Mortgagees. Provided always that a breach of this warranty shall not afford
the Underwriters any defence to a claim by a Mortgagee who has accepted this insurance
without knowledge of such breach.
(continued)22 RETURNS FOR LAY-UP AND CANCELLATION
22.1 To return as follows:
22.1.1 Pro rata monthly net for each uncommenced month if this insurance be cancelled
by agreement.
22.1.2 For each period of 30 consecutive days the Vessel may be laid up in a port or in a
lay-up area provided such port or lay-up area is approved by the Underwriters ( with
special liberties as hereinafter allowed )
(a) ……………………………per cent net not under repair
(b) ……………………………per cent net under repair.
If the Vessel is under repair during part only of a period for which a return is claimable, the
return shall be calculated pro rata to the number of days under (a) and (b) respectively.
22.2 PROVIDED ALWAYS THAT
22.2.1 a total loss of the Vessel, whether by insured perils or otherwise, has not occurred
during the period covered by this insurance or any extension thereof
22.2.2 in no case shall a return be allowed when the Vessel is lying in exposed or
unprotected waters, or in a port or lay-up area not approved by the Underwriters but,
provided the Underwriters agree that such non-approved lay-up area is deemed to be within
the vicinity of the approved port or lay-up area, days during which the Vessel is laid up in
such hon-approved lay-up area may be added to days in the approved port or lay-up area to
calculate a period of 30 consecutive slays and a return shall be allowed for the proportion
of such period during which the Vessel is actually laid up in the approved port or lay-up
area
22.2.3 loading or discharging operations or the presence of cargo on board shall not
128
debar returns but no return shall be allowed for any period during which the Vessel is being
used for the storage of cargo or for lightering purposes
22.2.4 in the event of any amendment of the annual rate, the above rates of return shall
be adjusted accordingly
22.2.5 in the event of any return recoverable under this Clause 22 being based on 30
consecutive days which fall on successive insurances effected for the same Assured, this
insurance shall only be liable for an amount calculated at pro rata of the period rates 22.1.2
(a) and/or (b) above for the number of days which come within the period of this insurance
and to which a return is actually applicable. Such overlapping period shall run, at the
option of the Assured, either from the first day on which the. Vessel is laid up or the first
day of a period of 30 consecutive days as provided under 22.l.2 (a) or (b), or 22.2.2
above.
不保事項
The following clauses shall be paramount and shall override anything contained in
this insurance inconsistent therewith.
23 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
23.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a belligerent power
23.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the
consequences thereof or any attempt thereat
23.3 derelict mines torpedoes bombs or other derelict weapons of war.
24 STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
24.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or
civil commotions
24.2 any terrorist or any person acting from a political motive.
25 MALICIOUS ACTS EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from
25.1 the detonation of an explosive
25.2 any weapon of war and caused by any person acting maliciously or from a political
motive.
129
26 NUCLEAR IXCLIJSION
In no case shall this insurance cover loss damage liability or expense arising from any
weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive forte or matter.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:International Gas Safety WARRANTY (APRIL, 1980)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276071 號函備查
承保範圍
Warranted Inert Gas System fitted and such Inert Gas System to be fully approved by
*………………………………………………………………..………...
Warranted Owners and Managers instructions are that the Inert Gas System fitted is to
be operated at all times in accordance with instructions issued by the Manufacturers and
all operations to be entered in Log Book.
* Must be same Classification Society with whom vessel is classed.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:LOSS OF CHARTER HIRE INSURANCE INCLUDING
WAR(ABS 1/10/83 WORDING)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276072 號函備查
承保範圍
1. If in consequence of any of the following events:
(a) loss, damage or occurrence covered by Institute Time Clauses – Hulls 1/10/83
or Norwegian Hull Form or American Institute Hull Clauses (2nd June 1977)
and also loss damage or occurrence covered by Institute War and Strikes
Clauses – Hulls 1/10/83 or American Institute Hull War and Strikes Clauses
1/12/77 plus Addenda 1 and 2,
(Option of clause to be exercised at inception)
(b) breakdown of machinery, including electrical machinery or boilers, provided
that such breakdown has not resulted from wear and tear or want of due
diligence by the Assured, occurring during the period of this insurance the
vessel is prevented from earning hire for a period in excess of (Response) days
in respect of any accident, then this insurance shall pay (Response) of the sum
130
hereby insured for each 24 hours after the expiration of the said days during
which the vessel is so prevented from earning hire for not exceeding a further
(Response) days in respect of any one accident or occurrence (and not
exceeding (Response) days in all during the currency of this Insurance
(irrespective of the expiry date of this insurance)), provided that the repairs in
respect of which a claim is made hereunder are completed within 12 months of
the expiry of the period covered by this policy.
2. No claim to attach to this insurance if the occurrence in respect of which such claim
arises is the cause of the vessel becoming a Total Loss (Actual or Constructive).
3. In all cases where a recovery is obtained from third parties in respect of loss of
earnings or demurrage such recovery shall be apportioned between the Assured and
the Underwriters as their respective interests may appear.
4. Subject to current Institute Trading Warranties and, in respect of War risks, subject
to current London Market War Risk Trading Warranties.
5. Held covered in case of any breach of warranty as to cargo, trade, locality, towage,
salvage services or date of sailing, provided notice be given to the Underwriters
immediately after receipt of advices and any amended terms of cover and nay
additional premium required by them be agreed.
6. The expression ‘one accident’ shall be deemed to include all heavy weather damage
occurring during a single sea passage between two successive ports as defined in
Clause 12.2 of Institute Time Clauses – Hulls 1/10/83.
7. If this insurance attaches or expires during a passage as defined above heavy
weather damage occurring on the same passage but outside the period covered by
this insurance may be added for the purpose of calculating the loss provided the
damage sustained during the period covered hereunder has not been repaired during
the passage, but only the proportion of the loss arising from damage occurring
during the currency of this insurance shall be payable hereunder.
8. It is understood and agreed that if the vessel is prevented from earning hire on
separate occasions, which shall not in any event exceed three, in respect of any one
accident or occurrence falling within this insurance, for the purpose of ascertaining
the amount claimable hereunder the total time that the vessel is off hire shall be
taken into account, provided that the repairs are completed within 12 months of the
expiry of this insurance.
9. Should the vessel at the expiration of this insurance be at sea or in distress, or at
port of refuge or of call, she shall, provided previous notice be given to the
Underwriters, be held covered at a pro rata daily premium to her port of destination,
but in no event shall such extension affect or postpone the operation of the Institute
Notice of Cancellation and Automatic Termination of Cover Clause for War.
10. In the event of the vessel named herein being sold or unchartered other than by
reason of Total or Constructive Total Loss of vessel, this insurance is automatically
cancelled. In such event Underwriters agree to return pro rata nett monthly
premium, provided there are no claims on the vessel during the currency of the
insurance prior to cancellation. In no other events shall there be any return of
premium (except as provided under Clause 14.3 below).
This Clause shall prevail notwithstanding any provisions whether written, typed or
printed in the insurance inconsistent therewith unless especially agreed by
Underwriters.
131
11. Unless the Underwriters agree to the contrary in writing, this insurance shall
terminate automatically at the time of change of the Classification Society of the
vessel, or change, suspension, discontinuance, withdrawal or expiry of her Class
therein, provided that if the vessel is at sea such automatic termination shall be
deferred until arrival at her next port. However where such change, suspension,
discontinuance or withdrawal of her Class has resulted from loss or damage
covered by Clause 1 of this insurance such automatic termination shall only operate
should the vessel sail from her next port without the prior approval of the
Classification Society.
12. The Assured shall effect, or cause to be effected, all repairs (temporary or
permanent) with due diligence and dispatch. Underwriters to have the right to
require the Assured to incur any expense which would reduce Underwriters’
liability under this insurance provided such expense is for Underwriters’ account.
13. This insurance excludes:
13.1 loss damage liability or expense arising from
13.1.1 any detonation of any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or
matter, hereinafter called a nuclear weapon of war
13.1.2 the outbreak of war (whether there be a declaration of war or not)
between any of the following countries:
United Kingdom, United States of America, France, the Union of Soviet
Socialist Republics, the People’s Republic of China
13.1.3 requisition or pre-emption
13.1.4 capture seizure arrest restraint detainment confiscation or
expropriation by or under the order of the Government or any public
or local authority of the country in which the vessel is owned or
registered
13.1.5 arrest restraint detainment confiscation or expropriation under
quarantine regulations or by reason of infringement of any customs
or trading regulations
13.1.6 the operation of ordinary judicial process, failure to provide security
or to pay any fine or penalty or any financial cause
13.2 any claim for any sum recoverable under any other insurance on the vessel
or which would be recoverable under such Insurance but for the existence of
this insurance
13.3 any claim for expenses arising from delay except such expenses as would be
recoverable in principle in English law and practice under the York-Antwerp
Rules 1974.
14.
14.1 Cover hereunder in respect of the risks of war, etc., may be cancelled by
either the Underwriters or the Assured giving 7 days notice (such
cancellation becoming effective on the expiry of 7 days from midnight of
the day on which notice of cancellation is issued by or to the Underwriters).
132
The Underwriters agree however to reinstate cover subject to agreement
between the Underwriters and the Assured prior to the expiry of such notice
of cancellation as to new rate of premium and/or conditions and/or
warranties.
14.2 Whether or not such notice of cancellation has been given cover hereunder
in respect of the risks of war, etc., shall TERMINATE AUTOMATICALLY
14.2.1 upon the occurrence of any hostile detonation of any nuclear
weapon of war as defined in Clause 13.1.1 wheresoever or
whensoever such detonation may occur and whether or not the
vessel may be involved.
14.2.2 upon the outbreak of war (whether there be a declaration of war or
not) between any of the following countries:
United Kingdom, United States of America, France, the Union of
Soviet Socialist Republics, the People’s Republic of China
14.2.3 in the event of the vessel being requisitioned, either for title or use.
14.3 In the event either of cancellation by notice or of automatic termination of
this insurance by reason of the operation of this Clause 14, pro rata net
return of premium shall be payable to the assured.
15. Cover in respect of the risks of war, etc., shall not become effective if, subsequent
to acceptance by the Underwriters and prior to the intended time of attachment of
risk, there has occurred any event which would have automatically terminated
cover under the provisions of this clause.
LPO454
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:BERING SEA TRANSIT CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276073 號函備查
承保範圍
Notwithstanding anything contained in this Insurance to the contrary, it is hereby
agreed that when on through voyages to or from the Far East, the insured vessel may
navigate the Bering Sea provided that
1) the vessel has on board the appropriate hydrographic charts corrected up to date,
2) entry is made through the Unimak pass and exit west of Buldir Island or vice
versa and
3) the vessel is equipped and properly fitted with marine radar, a satellite navigator
or Loran, sonic depth sounding apparatus radio direction finder and gyro
133
compass, all fully operational and manned by qualified personnel.
(Alternatively the vessel may enter or leave through the Amchitka, Amukta or Attu
Passes, but only when equipped and properly fitted wounding apparatus, radio direction
finder, gyro compass and a weather facsimile recorder, all fully operational and manned
by qualified personnel.)
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:ELECTRONIC DATE RECOGNITION
ENDORSEMENT FOR MARINE HULL 11/08/98
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276074 號函備查
承保範圍
This Endorsement shall prevail notwithstanding any provision whether written typed or
printed in this insurance inconsistent therewith.
1.This insurance does not cover any loss, damage, liability or expense directly or
indirectly caused by or in any way in consequence of:
a) the failure or anticipated failure or inability or any computer system, software,
hardware, integrated circuit, microchip, operating system and/or any other
electronic device or component, whether or not belonging to or in possession of
the Insured or of any third party. correctly, unambiguously or completely to assign,
exchange, interpret, manipulate, process, recognize, sequence or transfer any time,
year, date or data-like code, date or information;
b) any implemented or attempted change or modification or test of any computer
system, software, hardware, integrated circuit, microchip, operating system and or
any other electronic device or component, whether or not belonging to or in
possession of the Insured or of any third party, in anticipation of or in response to
any change of year, date or time, or any advice given or services performed in
connection with any such change or modification.
c) any non-use or unavailability for use of any property or equipment of any kind
whatsoever resulting from any act, failure to act or decision of the Insured or of
any third party related to (a) and/or (b) above.
2.Clause 1 of this Endorsement shall not however apply to exclude a claim, which the
insured can demonstrate
a) Would be recoverable under this insurance in the absence of the exclusion in
clause 1. and
b) has not resulted from want of due diligence by the Insured, Owners, Managers
134
or Superintendents or any of their onshore management in respect of any of the
matters referred to in clause 1. and
c) is proximately caused by and of the following perils:
i) perils of the seas rivers lakes or other navigable waters
ii) fire, explosion
iii)violent theft by persons from outside the Vessel
iv)jettison
v) piracy
vi)contact with land conveyance, dock or harbour equipment or
installation
vii)earthquake a volcanic eruption or lightning
viii)accidents in loading, discharging or shifting cargo or fuel
ix)bursting of boilers, breakage of shafts
x) negligence of repairers of charterers provided such repairers or charterers
are not an Insured hereunder or Master Officers or Crew
xi)contact with aircraft, helicopters or similar objects, or objects following
therefrom
3.Notwithstanding clause 2 above in no circumstances shall the cover provided in this
Endorsement extend to a claim for loss, damage, liability or expense
a)in respect of any software, programming, operating system code or data or
b)arising from or in any way connected, whether directly or indirectly, with any
measures taken with the intention of averting or minimizing any of the matters
taken with the intention of averting or minimizing any of the matters referred to in
clauses 1(a) or 1(b) above or any of their possible or anticipated consequences.
4.The cover provided in this Endorsement is subject in all other respects to all other
terms, conditions, exclusions and limits contained in this insurance.
5.This Endorsement is subject to English law and practice.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE NOTICE OF CANCELLATION,
AUTOMATIC TERMINATION OF COVER AND WAR AND
NUCLEAR EXCLUSIONS CLAUSE – HULLS, ETC.
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276075 號函備查
承保範圍
135
This clause shall be paramount and shall override anything contained in this insurance
inconsistent therewith
1. Cancellation
Cover hereunder in respect of the risks of war, etc may be cancelled by either the
Underwriters or the Assured giving 7 days notice (such cancellation becoming
effective on the expiry of 7 days from midnight of the day on which notice of
cancellation is issued by or to the Underwriters). The Underwriters agree however
to reinstate cover subject to agreement between the Underwriters and the Assured
prior to the expiry of such notice of cancellation as to new rate of premium and/or
conditions and/or warranties.
2. Automatic Termination of Cover
Whether or not such notice of cancellation has been given cover hereunder in
respect of the risks of war, etc, shall TERMINATE AUTOMATICALLY
upon the outbreak of war (whether there be a declaration of war or not)
between any of the following:
United Kingdom, United States of America, France, the Russian Federation, the
People’s Republic of China;
in respect of any vessel, in connection with which cover is granted hereunder,
in the event of such vessel being requisitioned either for title or use.
3. Five Powers War and Nuclear Exclusions
This insurance excludes
loss damage liability or expense arising from
the outbreak of war (whether there be a declaration of war or not) between
any of the following:
United Kingdom, United States of America, France, the Russian
Federation, the People’s Republic of China;
requisition either for title or use.
loss damage liability or expense directly or indirectly caused by or arising
from
ionising radiations from or contamination by radioactivity from any
nuclear fuel or from any nuclear waste or from the combustion of
nuclear fuel
the radioactive, toxic, explosive or other hazardous or contaminating
properties of any nuclear installation, reactor or other nuclear
assembly or nuclear component thereof
136
any weapon of war employing atomic or nuclear fission and/or fusion or
other like reaction or radioactive force or matter.
4. Law and Practice
This clause is subject to English law and practice.
_____________________________________________________
Cover in respect of the risks of war, etc shall not become effective if, subsequent to
acceptance by the Underwriters and prior to the intended time of attachment of risk,
there has occurred any event which would have automatically terminated cover under
the provisions of this clause.
CL 359
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:MARINE TERMINAL OPERATOR’S LIABILITY
INSURANCE STEVEDORES LEGAL LIABILITY/PREMISES
LIABILITY
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276076 號函備查
承保範圍
1. ASSUREDS:
2. POLICY PERIOD: From XXXXXX to XXXXXX
3. LOSS PAYEE: Assured, or Mortgagees as required, or order.
Loss, if any, payable to Assured or Order.
4. This insurance is to cover 100% interest in the legal and/or assumed liability of
the Assureds as operators of the port and arising out of the premises and/or
operations of the Assured including products/Completed Operation Hazards,
Independent Contractors of scheduled U.S. locations including worldwide and
any operations incidental to the above which occurs away from above locations as
follows:
(a) For all physical loss or damage to vessels (including their cargoes, and
equipment aboard) while proceeding to or from the premises and/or during
docking and undocking or loading and/or unloading and/or while in the
custody of the Assured, included while as Landing Owners or Operators of the
locations insured hereunder;
137
(b) For all damage to property of others as a result of or accident involving a
vessel while such vessel is proceeding to or from the premises and/or during
docking and undocking or loading and/or unloading and/or while in the
custody of the Assured including damages for the loss of use of the property
of others as well as damages because of injury to, loss of, or destruction of the
property of others, including the freeing or breaking away from the insureds
premises;
(c) For all damage to cargoes as a result of loading and/or unloading, while
awaiting transit, and during overland transit;
(d) For all sums the Assured shall become obligated to pay for loss of life,
bodily injury or sickness of any person as a result of any accident and as
expenses for removal of the spill of a pollutant caused by accident;
(e) The cost of defending and investigating any suit against the Assureds on any
claim based on a liability or an alleged liability of the Assureds covered by
this insurance shall be payable by the Assurers if the amount of the claim
hereunder exceeds the retained limit under this policy, but the Assurers shall
not be liable for cost or expense of prosecuting or defending any suit unless
the same shall have been incurred within the written consent of the Assurers.
These Assurers, however, reserve the right to conduct the defense of any
actions or suits at their own expense;
(f) Underwriter specifically agrees to issue the Illinois Warehousemans Liability
form annexed hereto as Exhibit (A), if requested;
(g) For all sums for which the Assured shall become obligated to pay by reason of
loss, damage, injury, or expense arising out of assault and battery whom
committed solely to protect persons and/or property.
5. Notwithstanding the foregoing, it is hereby understood and agreed that this
insurance does not cover against, nor shall any liability attach hereunder for loss,
damage, injury or expense caused by or resulting from –
(a) Hostile or warlike action in time of peace or war, including action in hindering,
combating or defending against an actual, impending or expected attack, (1) by
any government or sovereign power (de jure or de facto), or by any authority
maintaining or using military, naval or air forces; (2) by military, naval or air
forces; or (3) by an agent of any such government, power, authority or force;
138
(b) Any weapon of war employing atomic fission or radioactive force whether in
time of peace or war;
(c) Insurrection, rebellion, revolution, civil war, usurped power or action taken by
governmental authority in hindering, combating or defending against such
occurrence, seizure or destruction under quarantine or customs regulations,
confiscation by order of any government or public authority, or risks of
contraband or illegal transportation or trade;
(d) Any claim in respect of loss of life, bodily injury, sickness, maintenance, cure or
wages of any employee of the Assureds under state or Federal Compensation
Acts;
(e) Any liability accepted under a charter party;
(f) Bodily injury or property damage including clean-up and containment costs
arising out of the discharge, dispersal, release or escape of smoke, vapors, soot,
fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other
irritants, contaminants or pollutants into or upon land, the atmosphere or any
watercourse or body of water; but this exclusion does not apply if such
discharge, dispersal, release or escape is sudden and accidental;
(g) Damage or destruction of property arising out of the ownership, maintenance or
use of automobiles, commercial trucks and/or trailers which would be insured
under the standard form of automobile policy, provided however, that this
exclusion shall not apply to the damage to or destruction of property in charge
of or transported by the Assured;
(h) Loss, damage, injury or expense which may be recoverable under any other
insurance carried by the Assureds or by others for account of the Assureds
except insurance covering part of this risk insured in conjunction herewith, or
any excess insurance over and above the amount recoverable hereunder.
6. The liability of these Assurers with respect to this insurance shall not exceed
US$XXXX.- in respect of any one occurrence. Notwithstanding the above, these
Assureds shall not be liable for more than US$XXXX.- in the aggregate during
each annual period of this policy as respects liability for products and completed
operations hazards as defined herein.
7. Permission is granted for Assureds to obtain excess insurance which shall be liable
only for any loss and/or losses, claim and/or beyond the amount covered hereunder.
139
8. It is especially understood and agreed that the protection given by this policy
remains in full force and effect during the whole period insured and is not reduced
by the amount of any loss or losses collected hereunder.
9. This insurance is subject to the following deductible:
US$XXXX.- per occurrence as respects pollution claims
US$XXXX.- per occurrence for all other terminal claims
US$XXXX.- per occurrence for all charterer’s claims
10. It is further stipulated and is a consideration of this insurance that in the event of
any occurrence which may result in loss, damage, injury or expense, for which
these Assurers are or may become liable under this insurance, notice thereof shall
be given to Advanced Risk as soon as practicable, and further that any and every
process, pleading and paper of any kind relating to such occurrence shall be
forwarded promptly to Advanced Risk International, Ltd. 5847 San Felipe,
Suite 1120, Houston, Texas 77057.
11. In the event of any payment under this policy, the Assurers shall be subrogated to
all the Assureds rights of recovery therefore against any person or organization
and the Assureds shall execute and deliver instruments and papers and do
whatever else is necessary to secure such rights. Notwithstanding any of the
foregoing, the Assureds shall have the right to waive subrogation prior to any loss.
Further, the right of subrogation against any of the Assureds is waived.
12. Whenever required by these Assurers, the Assured shall aid in securing
information, evidence, obtaining of witnesses, and cooperation with the Assurers
(except in pecuniary way) in all matters which the Assurers may deem necessary
in the defense of any claim or suit or appeal from and judgment in respect of any
occurrence as hereinbefore provided.
13. It is especially agreed that any expenses or charges incurred by the Assureds in
minimizing, or attempting to minimize, a claim shall not be deemed to be an
admission of liability by the Assureds and shall not invalidate any coverage
provided by this policy, these Assurers to reimburse the Assureds for any such
expenses or charges, if incurred.
14. This policy is issued in consideration of an annual minimum and deposit premium
of XXXX(Including Tax) which shall be subject to adjustment upwards
following each annual period at the rate of .
15. Definitions:
140
(a) The term “occurrence” whenever used herein, means an event or a continuous
or repeated exposure to conditions which unintentionally, from the standpoint
of the Assureds, causes injury, damages or destruction during the policy
period. Any number of such injuries, damage or destruction resulting from a
common cause or from exposure to substantially the same conditions shall be
deemed to result from one occurrence.
Operations or products in existence prior to the inception of this policy which
cause or result in bodily injury or property damage during the policy period
are covered by this policy.
The above definition is hereby extended to include personal injury, bodily
injury or property damage committed by or at the direction of the Assureds for
the purpose of protecting persons or property.
(b) The term “bodily injury” whenever used herein means bodily injury, sickness,
disease or mental anguish or shock sustained by any person which occurs
during the policy period, including death at any time resulting therefrom.
With respect to Emergency Medical Technicians, nurses or any person
rendering first aid, bodily injury is extended to include injury arising out of
the rendering of or failure to render professional services or first aid during
the course of their employment by the Assureds.
(c) The term “personal injury” whenever used herein means injury sustained by
any person or organization and arising out of one or more of the following
offenses committed in the conduct of the Assured’s business:
(a) false arrest, humiliation, detention or imprisonment, or malicious
prosecution;
(b) the publication or utterance of a libel or slander or of other defamatory
or disparaging materials, or a publication or utterance in violation of an
individual’s right of privacy except publications or utterances in the
course of or related to advertising, broadcasting or telecasting activities
conducted by or on behalf of the Assured’s;
(c) wrongful entry or eviction, or other invasion of the right of private
occupancy.
The term “completed operations hazard” whenever used herein includes bodily
141
injury and property damage arising out of operations or reliance upon a
representation or warranty made at a time with respect thereto, but only if the
bodily injury or property damage occurs after such operations have been
completed or abandoned and occurs away from premises owned by or rented to
the Assureds. “Operations” include materials, parts or equipment furnished in
connection therewith. Operations shall be deemed completed at the earliest of
the following times:
(1) when all operations to be performed by or on behalf of the Assureds under
the contract have been completed;
(2) when all operations to be performed by or on behalf of the Assureds at the
site of the operations have been completed;
(3) when the portion of the work out of which the injury or damage arises has
been put to its intended use by any person or organization other than another
contractor or subcontractor engaged in performing operations for a principal
as a part of the same project.
Operations which may require further service or maintenance work, or correction,
repair or replacement because of any defect or deficiency, but which are otherwise
complete, shall be deemed completed.
The completed operations hazard does not include bodily injury or property
damage arising out of:
(a) operations in connection with the transportation of property, unless the
bodily injury or property damage arises out of a condition in or on a
conveyance created by the loading or unloading thereof;
(b) the existence of tools, uninstalled equipment or abandoned or unused
materials;
(c) “Products hazard” includes bodily injury and property damage arising out of
the Assureds products or reliance upon a representation or warranty made at
any time with respect thereto, but only if the bodily injury or property
damage occurs away from premises owned by or rented to the Assureds and
after physical possession of such products has been relinquished to others;
(d) The term “Assureds’ products” means goods or products manufactured, sold,
handled or distributed by the Assureds or by others trading under the name
of the Assureds, including any container thereof (other than a vehicle), but
142
“Assureds’ products” shall not include a vending machine or any property
other an such container, rented to or located for use of others but not sold.
16. It is understood and agreed that the terms and conditions of this form are
substituted for those of the policy form to which this is attached, the latter being
hereby waived except for those provisions required by law to be inserted in the
policy.
17. CROSS LIABILITY AND SEVERABILITY OF INTEREST
In the event of claims being made by reason of personal injury, bodily injury or
property damage suffered by any employee of one Assured hereunder for which
another Assured hereunder is or may be liable, then this policy shall cover such
Assured against whom a claim is made or may be made in the same manner as if
separate policies had been issued to each Assured hereunder.
In the event of one or more of the Assured incurring liability to any other of the
Assureds, this policy shall cover the Assured against whom claim is or may be
made in the same manner as if separate policies had been issued to each Assured.
Nothing contained herein shall operate to increase underwriters’ limit of liability
as set forth in this policy.
18. CANCELLATION CLAUSE
This policy may be cancelled by the named insured by surrender thereof to the
company of any of its authorized agents or by mailing to the company written
notice stating when thereafter the cancellation shall be effective. This policy
may be cancelled by the company by mailing to the named insured at the address
shown in this policy, written notice stating when not less than ten (10) days
thereafter such cancellation shall be effective. The mailing of notice as aforesaid
shall be sufficient proof of notice. The time of surrender of the effective date
and hour of cancellation stated in the notice shall become the end of the policy
period. Delivery of such written notice either by the named insured or by the
company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in accordance
with the customary short rate table and procedure. If the company cancels,
earned premium shall be computed pro rata. Premium adjustment may be made
either at the time cancellation is effected or as soon as practicable after
cancellation becomes effective, but payment or tender of unearned premium is not
a condition of cancellation.
143
NAME OF INSURED:
Effective as of inception, and in consideration of the premium charged, it is
hereby understood and agreed that, because of exclusions in the Comprehensive
General Liability policy, this policy is extended to cover liability imposed by law
for loss of life or personal injury arising out of the loading and unloading of
vessels and aboard vessels at the terminal. All other personal injury claims to
revert to the C.G.L. Always excluding employees of the Assured and/or
borrowed servants.
Also, it is hereby understood and agreed that the Cancellation Clause is amended
to thirty (30) days in lieu of ten (10) days.
All other terms and conditions remain unchanged.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:PILOT NON-LIABILITY CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276077 號函備查
承保範圍
This insurance shall not be prejudiced by reason of any agreement limited or exempting
the liability of Pilots and/or tugs and/or Tow boats and/or their owners when the
Assured and/or Charterers accept such contracts in accordance with established local
practice or are compelled to accept such contracts
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:AFFILIATED COMPANIES CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276078 號函備查
承保範圍
In respect of the vessel(s) insured hereunder, it is agreed that this policy also covers the
Assured, and affiliated Companies of the Assured be they owners, subsidiaries or
inter-related companies and as bareboat charterers and/or charterers and/or
sub-charterers and/or operators and/or in whatever capacity, and shall so continue to
cover notwithstanding the provisions of this policy with respect to change of ownership
144
or management. Provided however, that in the event of any claim being made by an
affiliated subsidiary or inter-related company under this clause it shall not be entitled to
recover in respect of any liability to which it would not be subject if it were the owner
of the vessel, nor to a greater extent that an owner would be entitled in such event to
recover.
It is further agreed that these insurers waive any right of subrogation against any
subsidiary, affiliated or inter-related company of the Assured, excepting to the extent
that any such company is insured against the liability asserted. However, should the
vessel be sold to or transferred to or chartered on a bareboat basis to others than the
Assured or the Affiliated Companies of the Assured, or be requisitioned on a bareboat
basis the provisions of this policy with respect to change of ownership or management
shall govern.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:BLOCKING AND TRAPPING CLAUSE (HULL)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276079 號函備查
承保範圍
The inability of the Vessel to sail from any port, canal, waterway or other place to the
High Seas either for a continuous period of 6 months or where there is no reasonable
prospect of the Vessel becoming able to sail to the High Seas (whichever is the earlier)
as a result of the closure of the connecting channel to all vessels of such size and draft
is deemed to constitute a Constructive Total Loss and is recoverable hereunder provided
that such closure has arisen through the blockage of the waterway from any cause
whatsoever beyond the control of the Assured other than as a result of perils
enumerated in Institute Time Clauses – Hull Clauses 1/10/83 Clause 23 to 26 (War
Strikes, Malicious Acts, Nuclear Exclusions) herein.
For the purpose of this insurance the term “inability of the Vessel to sail” includes, but
is not limited to, circumstances under which the vessel does not sail in consequence of:
1. any physical obstruction whatsoever (not directly caused by earthquake); or
2. any order, advice, or recommendation of any government or local authority; or
3. the Master, Owners, Managers or Assured deciding that it is unsafe for the
vessel to sail unless Underwriters are able to prove that such decision was
unreasonable in all the circumstances prevailing at the time;
and whether such inability to sail in consequence of one or more accidents or
occurrences or reasons.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
145
請洽本公司
商品名稱:BLOCKING AND TRAPPING CLAUSE (WAR)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276080 號函備查
承保範圍
The inability of the Vessel to sail from any port, canal, waterway or other place to the
High Seas either for a continuous period of 6 months or where there is no reasonable
prospect of the Vessel becoming able to sail to the High Seas (whichever is the earlier)
as a result of the closure of the connecting channel to all vessels of such size and draft
is deemed to constitute a Constructive Total Loss and is recoverable hereunder provided
that such closure has arisen through the blockage of the waterway from any cause
enumerated in the Institute War and Strike Clauses – Hull – Time (1/10/83) together
with all terms, conditions and special clauses of the War and Strike Policies as far as
applicable.
For the purpose of this insurance the term “inability of the Vessel to sail” includes, but
is not limited to, circumstances under which the vessel does not sail in consequence of:
1. any physical obstruction whatsoever (not directly caused by earthquake); or
2. any order, advice, or recommendation of any government or local authority; or
3. the Master, Owners, Managers or Assured deciding that it is unsafe for the vessel
to sail unless Underwriters are able to prove that such decision was
unreasonable in all the circumstances prevailing at the time;
and whether such inability to sail in consequence of one or more accidents or
occurrences or reasons. 不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:CLAIM CONTROL CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276081 號函備查
承保範圍
The Assurers, shall have the option of naming the attorneys who shall represent the
Assured in the prosecution or defence of any litigation or negotiations between the
Assured and third parties concerning any claim covered by this policy, and shall have
the direction of such litigation or negotiations. If the Assured shall fail or refuse to
settle any claim as authorized by this company, the liability of this company shall be
limited to the amount for which settlement could have been made plus legal fees and
disbursements incurred to the date the Assured shall fail or refuse to settle any such
claim, less the amount of the deductible provided for in this policy. If thereafter any
amount is recovered against the Assured in excess of the amount, plus additional legal
fees and disbursements for which the claim could have been settled , such additional
amount plus legal fees and disbursements shall be solely for the Assured's account.
不保事項
146
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:CONTRACTS (RIGHTS OF THIRD PARTIES) ACT
1999 EXCLUSION CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276082 號函備查
承保範圍
Neither this policy nor any document issued pursuant to this policy shall confer any
benefits on any third parties. No third party may enforce any term of this policy or of
any provision contained in any document issued under this policy. The Contracts
(Rights of Third Parties) Act 1999 is hereby expressly excluded from this policy,
including the Schedule or any other document issued pursuant thereto.
This clause shall not affect the rights of the Assured (as assignee or otherwise) or the
rights of any loss payee.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:DEFERRED PREMIUMS CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276083 號函備查
承保範圍
Notwithstanding anything herein to the contrary the premium or consideration for
this insurance is payable by installments as follows:
As arranged of annual premium due and payable at inception as the first
installment.
25% of annual premium due and payable on the DD day of MM YYYY
as the second installment.
25% of annual premium due and payable on the DD day of MM YYYY
as the third installment.
25% of annual premium due and payable on the DD day of MM YYYY
as the fourth installment.
In the event of a total loss covered hereunder all future installments shall
immediately become due and payable and the Company shall be entitled to take
147
credit therefore.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:GENERAL AVERAGE ABSORPTION CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276084 號函備查
承保範圍
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE ADDITIONAL PERILS CLAUSES -
148
HULL
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276085 號函備查
承保範圍
1. In consideration of an additional premium this insurance is extend to cover
1.1 the cost of repairing or replacing
1.1.1 any boiler which bursts or shaft which breaks
1.1.2 any defective part which has caused loss or damage to the Vessel covered by
Clause 6.2.2 of the Institute Time Clauses - Hulls 1/10/83,
1.2 loss of or damage to the Vessel caused by any accident or by negligence,
incompetence or error of judgement of any person whatsoever.
2 Except as provided in 1.1.1 and 1.1.2, nothing in these Additional Perils Clauses shall
allow any claim for the cost of repairing or replacing any part found to be defective as a
result of a fault or error in design or construction and which has not caused loss of or
damage to the Vessel.
3 The cover provided in Clause 1 is subject to all other terms, conditions and exclusions
contained in this insurance and subject to the proviso that the loss or damage has not
resulted from want of due diligence by the Assured, Owners or Managers. Master
Officers Crew or Pilots not to be considered Owners within the meaning of this Clause
should they hold shares in the Vessel.
______________________________________
CL. 294
不保事項
同主保險契約
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商品名稱:INSTITUTE CLAUSES FOR BUILDERS’ RISKS
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276086 號函備查
承保範圍
VESSEL................PER SCHEDULE...........…........Contract or Yard No. ..................
BUILDERS............ PER SCHEDULE..……………….................................................
BUILDERS’ YARDS ......... PER SCHEDULE…………...............................................
SUBJECT OF INSURANCE
(Where more than one part of the subject-matter insured is described in Section I(A),
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Section I(B) or Section II below, then the respective wording of Section I(A), Section
I(B) or Section II shall be applied to each part separately.)
SECTION I. Provisional Period ..................from.....................................................but
this insurance to terminate upon delivery to Owners if prior to expiry of Provisional
Period.
(A) HULL and MACHINERY etc. under construction at the yard or other premises of
the Builders.
Description Contract or Yard
No.
Provisionally valued at To be built at / by
PER
SCHEDUL
E
The subject-matter of this sub-section (A) is covered whilst at Builders’ Yard and
at Builders’ premises elsewhere within the port or place of construction at which
the Builders’ Yard is situated and whilst in transit between such locations. The
Underwriters’ liability in respect of each item of this sub-section (A) which is at
such locations shall attach from the time;-
(I) of inception of this Section I if such item has already been allocated to the
Vessel;
(II) of delivery to Builders of such item (if allocated) when delivered after
inception of this Section I;
(III) of allocation by Builders if allocated after inception of this Section I.
(B) MACHINERY etc. insured hereon whilst under construction by Sub-Contractors.
Description Contract or Yard No. Provisionally valued at To be built at / by
PER
SCHEDULE
The subject-matter of this sub-section (B) is covered whilst at Sub-Contractors’
works and at Sub-Contractors’ premises elsewhere within the port or place of
construction at which the Sub-Contractors’ works are situated and whilst in transit
between such locations.
The Underwriters’ liability in respect of each item of this sub-section (B) which is
at such locations shall attach from the time:--
(I) of inception of this Section I if such item has already been allocated to the
Vessel;
(II) of delivery to the Sub-Contractors of such item (if allocated) when delivered
after inception of this Section I;
(III) of allocation by the Sub-Contractors if allocated after inception of this
Section I.
The subject-matter of this sub-section (B) is also covered whilst:--
150
(a) in transit to Builders if the transit is within the port or place of construction
at which the Builders’ Yard is situated;
(b) at Builders’ Yard and at Builders’ premises elsewhere within the port or
place of construction at which the Builders’ Yard is situated and whilst in
transit between such locations.
SECTION II. Provisional
Period ........................................………….....from................................................
but this insurance to terminate upon delivery to Owners if prior to expiry of
Provisional Period.
MACHINERY etc. insured hereon from delivery to Builders.
Description Contract or Yard No. Provisionally valued at To be built at/by
PER
SCHEDULE
The subject-matter of this Section II is covered whilst at Builders’ Yard and at Builders’
premises elsewhere within the port or place of construction at which the Builders’ Yard
is situated and whilst in transit between such locations. The Underwriters’ liability in
respect of each item of this Section II shall attach from the time of delivery to Builders.
1. INSURED VALUE
1.1 Whereas the value stated herein is provisional, it is agreed that the final contract
price, or the total building cost plus ............XXX.............. % whichever is the
greater, of the subject-matter of this insurance shall be the insured value.
1.2 Should the insured value, determined as above,
1.2.1 exceed the provisional value stated herein, the Assured agree to declare to
the Underwriters hereon the amount of such excess and to pay premium
thereon at the full policy rates, and the Underwriters agree to accept their
proportionate shares of the increase,
or
1.2.2 be less than the provisional value stated herein, the sum insured by this
insurance shall be reduced proportionately and the Underwriters agree to
return premium at the full policy rates on the amounts by which their
respective lines are reduced.
1.3 Nevertheless, should the insured value exceed 125% of the provisional value, then
the limits of indemnity under this insurance shall be 125% of the provisional
value, any one accident or series of accidents arising out of the same event.
1.4 Notwithstanding the above it is understood and agreed that any variation of the
value for insurance on account of a material alteration in the plans or fittings of
the Vessel or a change in type from that originally contemplated does not come
151
within the scope of this clause and such a variation requires the specific
agreement of the Underwriters.
2. TRANSIT
Held covered at a premium to be arranged for transit not provided for in Section
I or II above.
3. DELAYED DELIVERY
Held covered at a premium to be arranged in the event of delivery to Owners
being delayed beyond the provisional period(s) mentioned above, but in no case
shall any additional period of cover extend beyond 30 days from completion of
Builders’ Trials.
4. DEVIATION OR CHANGE OF VOYAGE
Held covered in case of deviation or change of voyage, provided notice be given
to the Underwriters immediately after receipt of advices and any amended terms
of cover and any additional premium required by them be agreed.
5. PERILS
5.1 SUBJECT ALWAYS TO ITS TERMS, CONDITION AND EXCLUSIONS
this insurance is against all risks of loss of or damage to the subject-matter
insured caused and discovered during the period of this insurance including
the cost of repairing replacing or renewing any defective part condemned
solely in consequence of the discovery therein during the period of this
insurance of a latent defect. In no case shall this insurance cover the cost of
renewing faulty welds.
5.2 In case of failure of launch, the Underwriters to bear all subsequent
expenses incurred is completing launch.
6. EARTHQUAKE AND VOLCANIC ERUPTION EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
earthquake or volcanic eruption. This exclusion applies to all claims including
claims under Clauses 13, 17, 19 and 20.
7. POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel caused by any governmental
authority acting under the powers vested in it to prevent or mitigate a pollution
hazard, or threat thereof, resulting directly from damage to the Vessel for which
the Underwriters are liable under this insurance, provided such act of
governmental authority has not resulted from want of due diligence by the
Assured, the Owners, or Managers of the Vessel or any of them to prevent or
mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be
considered Owners within the meaning of this Clause 7 should they hold shares in
the Vessel.
8. FAULTY DESIGN
152
Notwithstanding anything to the contrary which may be contained in the Policy or
the clauses attached thereto, this insurance includes loss of or damage to the
subject-matter insured caused and discovered during the period of this insurance
arising from faulty design of any part or arts thereof but in no case shall this
insurance extend to cover the cost or expense of repairing, modifying, replacing
or renewing such part or parts, nor any cost or expense incurred by reason of
betterment or alteration in design.
9. NAVIGATION
9.1 With leave to proceed to and from any wet or dry docks, harbours, ways,
cradles and pontoons within the port or place of construction and to proceed
under own power, loaded or in ballast, as often as required, for fitting out,
docking, trials or delivery, within a distance by water of 250 nautical miles
of the port or place of construction, or held covered at a premium to be
arranged in the event of such distance being exceeded.
9.2 Any movement of the Vessel in tow outside the port or place of construction
held covered at a premium to be arranged, provided previous notice be given
to the Underwriters.
10. DEDUCTIBLE
10.1No claim arising from a peril insured against shall be payable under this
insurance unless the aggregate of all such claims arising out of each separate
accident or occurrence (including claims under Clauses 13, 17, 19 and 20)
exceeds .................. in which case this sum shall be deducted.
Nevertheless the expense of sighting the bottom after stranding, if
reasonably incurred specially for that purpose, shall be paid even if no
damage be found. This Clause 10.1 shall not apply to a claim for total or
constructive total loss of the Vessel or, in the event of such a claim, to any
associated claim under Clause 20 arising from the same accident or
occurrence.
10.2Claims for damage by heavy weather occurring during a single sea passage
between two successive ports shall be treated as being due to one accident.
In the case of such heavy weather extending over a period not wholly
covered by this insurance the deductible to be applied to the claim
recoverable hereunder shall be the proportion of the above deductible that
the number of days of such heavy weather falling within the period of this
insurance bears to the number of days of heavy weather during the
single sea passage.
The expression “heavy weather” in this Clause 10.2 shall be deemed to
include contact with floating ice.
10.3Excluding any interest comprised therein, recoveries against any claim
which is subject to the above deductible shall be credited to the
Underwriters in full to the extent of the sum by which the aggregate of the
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claim unreduced by any recoveries exceeds the above deductible.
10.4Interest comprised in recoveries shall be apportioned between the Assured
and the Underwriters, taking into account the sums paid by the Underwriters
and the dates when such payments were made, notwithstanding that by the
addition of interest the Underwriters may receive a larger sum than they
have paid.
11. UNREPAIRED DAMAGE
11.1The measure of indemnity in respect of claims for unrepaired damage shall
be the reasonable depreciation in the market value of the Vessel at the time
this insurance terminates arising from such unrepaired damage, but not
exceeding the reasonable cost of repairs.
11.2In no case shall the Underwriters be liable for unrepaired damage in the
event of a subsequent total loss (whether or not covered under this insurance)
sustained during the period covered by this insurance or any extension
thereof.
11.3 The Underwriters shall not be liable in respect of unrepaired damage for
more than the insured value at the time this insurance terminates.
12. CONSTRUCTIVE TOTAL LOSS
12.1In ascertaining whether the subject-matter insured is a constructive total
loss, the insured value shall be taken as the repaired value and nothing in
respect of the damaged or break-up value shall be taken into account.
12.2No claim for constructive total loss based upon the cost of recovery and/or
repair shall be recoverable hereunder unless such cost would exceed the
insured value. In making this determination, only the cost relating to a single
accident or sequence of damages arising from the same accident shall be
taken into account.
13. GENERAL AVERAGE AND SALVAGE
13.1This insurance covers the Vessel’s proportion of salvage, salvage charges
and/or general average, reduced in respect of ny under-insurance, but in case
of general average sacrifice of the Vessel the Assured may recover in respect
of the whole loss without first enforcing their right of contribution from
other parties.
13.2Adjustment to be according to the law and practice obtaining at the place
where the adventure ends, as if the contract of affreightment contained
no special terms upon the subject; but where the contract of affreightment so
provides the adjustment shall be according to the York-Antwerp Rules.
13.3When the Vessel sails in ballast, not under charter, the provisions of the
York-Antwerp Rules, 1974 (excluding Rules XX and XXI) shall be
applicable, and the voyage for this purpose shall be deemed to continue
from the port or place of departure until the arrival of the Vessel at the first
port or place thereafter other than a port or place of refuge or a port or place
154
of call or bunkering only. f at any such intermediate port or place there is an
abandonment of the adventure originally ontemplated the voyage shall
thereupon be deemed to be terminated.
13.4No claim under this Clause 13 shall in any case be allowed where the loss
was not incurred to avoid or in connection with he avoidance of a peril
insured against.
14. NOTICE OF CLAIM
In the event of loss damage liability or expense which may result in a claim under
this insurance, prompt notice shall be given to the Underwriters prior to repair and,
if the subject-matter is under construction abroad, to the nearest Lloyd’s Agent so
that a surveyor may be appointed to represent the Underwriters should they so
desire.
15. CHANGE OF INTEREST
Any change of interest in the subject-matter insured shall not affect the validity
of this insurance.
16. ASSIGNMENT
No assignment of or interest in this insurance or in any moneys which may be or
become payable thereunder is to be binding on or recognised by the
Underwriters unless a dated notice of such assignment or interest signed by the
assured, and by the assignor in the case of subsequent assignment, is endorsed
on the Policy and the Policy with such endorsement is produced before payment
of any claim or return of premium thereunder.
17. COLLISION LIABILITY
17.1 The Underwriters agree to indemnify the Assured for any sum or sums
paid by the Assured to any other person or persons by reason of the
Assured becoming legally liable by way of damages for
17.1.1 loss of or damage to any other vessel or property on any other
vessel
17.1.2 delay to or loss of use of any such other vessel or property thereon
17.1.3 general average of, salvage of, or salvage under contract of, any
such other vessel or property thereon,
where such payment by the Assured is in consequence of the Vessel
hereby insured coming into collision with any other vessel.
17.2 The indemnity provided by this Clause 17 shall be in addition to the
indemnity provided by the other terms and conditions of this insurance
and shall be subject to the following provisions:
17.2.1 Where the insured Vessel is in collision with another vessel and
both vessels are to blame then, unless the liability of one or both
vessels becomes limited by law, the indemnity under this Clause
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17 shall be calculated on the principle of cross-liabilities as if the
respective Owners had been compelled to pay to each other such
proportion of each other’s damages as may have been properly
allowed in ascertaining the balance or sum payable by or to the
Assured in consequence of the collision.
17.2.2 In no case shall the Underwriters’ total liability under Clause 17.1
and 17.2 exceed their proportionate part of the insured value of the
Vessel hereby insured in respect of any one such collision.
17.3 The Underwriters will also pay the legal costs incurred by the Assured or
which the Assured may be compelled to pay in contesting liability or taking
proceedings to limit liability, with the prior written consent of the
Underwriters.
EXCLUSIONS
17.4 Provided always that this Clause 17 shall in no case extend to any sum
which the Assured shall pay for or in respect of
17.4.1 removal or disposal of obstructions, wrecks, cargoes or any other
thing whatsoever
17.4.2 any real or personal property or thing whatsoever except other
vessels or property on other vessels
17.4.3 the cargo or other property on, or the engagements of, the insured
Vessel
17.4.4 loss of life, personal injury or illness
17.4.5 pollution or contamination of any real or personal property or thing
whatsoever (except other vessels with which the insured Vessel is
in collision or property on such other vessels).
18. SISTERSHIP
Should the Vessel hereby insured come into collision with or receive salvage
services from another vessel belonging wholly or in part to the same Owners or
under the same management, the Assured shall have the same rights under this
insurance as they would have were the other vessel entirely the property of
Owners not interested in the Vessel hereby insured; but in such cases the liability
for the collision or the amount payable for the services rendered shall be referred
to a sole arbitrator to be agreed upon between the Underwriters and the Assured.
19. PROTECTION AND INDEMNITY
19.1 The Underwriters agree to indemnify the Assured for any sum or sums paid
by the Assured to any other person or persons by reason of the Assured
becoming legally liable, as Owner of the Vessel, for any claim, demand,
damages and/or expenses, where such liability is in consequence of any of
the following matter or things and arises from an accident or occurrence
during the period of this insurance:
19.1.1 loss of or damage to any fixed or movable object or property or
156
other thing or interest whatsoever, other than the vessel, arising
from any cause whatsoever in so far as such loss or damage is not
covered by Clause 17.
19.1.2 any attempted or actual raising, removal or destruction of any fixed
or movable object or property or other thing, including the wreck
of the Vessel, or any neglect or failure to raise, remove, or destroy
the same.
19.1.3 liability assumed by the Assured under contracts of customary
towage for the purpose of entering or leaving port or maneuvering
within the port
19.1.4 loss of life, personal injury, illness or payments made for life
salvage.
19.2 The Underwriters agree to indemnify the Assured for any of the following
arising from an accident or occurrence during the period of this insurance:
19.2.1 the additional cost of fuel, insurance, wages, stores, provisions and
port charges reasonably incurred solely for the purpose of landing
from the Vessel sick or injured persons or stowaways, refugees, or
persons saved at sea
19.2.2 additional expenses brought about by the outbreak of infectious
disease on board the Vessel or ashore
19.2.3 fines imposed on the Vessel, on the Assured, or on any Master
Officer crew member or agent of the Vessel who is reimbursed by
the Assured, for any act or neglect or breach of any statue or
regulation relating to the operation of the Vessel, provided that the
Underwriters shall not be liable to indemnify the Assured for any
fines which result from any act neglect failure or default of the
Assured their agents or servants other than Master Officer or crew
member
19.2.4 the expenses of the removal of the wreck of the Vessel from any
place owned, leased or occupied by the Assured
19.2.5 legal costs incurred by the Assured, or which the Assured may be
compelled to pay, in avoiding, minimising or contesting liability
with the prior written consent of the Underwriters.
EXCLUSIONS
19.3 Notwithstanding the provisions of Clauses 19.1 and 19.2 this Clause 19
does not cover any liability cost or expense arising in respect of:
19.3.1 any direct or indirect payment of the Assured under workmen’s
compensation or employers’ liability acts and any other statutory
or common law, general maritime law or other liability whatsoever
in respect of accidents to or illness of workmen or any other
persons employed in any capacity whatsoever by the Assured or
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others in on or about or in connection with the Vessel or her cargo
materials or repairs
19.3.2 liability assumed by the Assured under agreement expressed or
implied in respect of death or illness of or injury to any person
employed under a contract of service or apprenticeship by the other
party to such agreement
19.3.3 punitive or exemplary damages, however described
19.3.4 cargo or other property carried, to be carried or which has been
carried on board the Vessel but this Clause 19.3.4 shall not exclude
any claim in respect of the extra cost of removing cargo from the
wreck of the Vessel
19.3.5 loss of or damage to property, owned by builders or repairers or for
which they are responsible, which is on board the Vessel
19.3.6 liability arising under a contract or indemnity in respect of
containers, equipment, fuel or other property on board the Vessel
and which is owned or leased by the Assured
19.3.7 cash, negotiable instruments, precious metals or stones, valuables
or objects of a rare or precious nature, belonging to persons on
board the Vessel, or non-essential personal effects of any Master,
Officer or crew member
19.3.8 fuel, insurance, wages, stores, provisions and port charges arising
from delay to the Vessel while awaiting a substitute for any Master,
Officer or crew member
19.3.9 fines or penalties arising from overloading or illegal fishing
19.3.10 pollution or contamination of any real or personal property or
thing whatsoever.
19.4 The indemnity provided by this Clause 19 shall be in addition to the
indemnity provided by the other terms and conditions of this insurance.
19.5 Where the Assured or the Underwriters may or could have limited their
liability the indemnity under this Clause 19 in respect of such liability
shall not exceed Underwriters’ proportionate part of the amount of such
limitation.
19.6 In no case shall the Underwriters’ liability under this Clause 19 in respect
of each separate accident or occurrence or series of accidents arising out of
the same event, exceed their proportionate part of the insured value of the
Vessel.
19.7 PROVIDED ALWAYS THAT
19.7.1 prompt notice must be given to the Underwriters of every casualty
event or claim upon the Assured which may give rise to a claim
under this Clause 19 and of every event or matter which may cause
the Assured to incur liability costs or expense for which he may be
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insured under this Clause 19
19.7.2 the Assured shall not admit liability for or settle any claim for
which he may be insured under this Clause 19 without the prior
written consent of the Underwriters.
20. DUTY OF ASSURED (SUE AND LABOUR)
20.1 In case of any loss or misfortune it is the duty of the Assured and their
servants and agents to take such measures as may be reasonable for the
purpose of averting or minimising a loss which would be recoverable
under this insurance.
20.2 Subject to the provisions below and to Clause 10 the Underwriters will
contribute to charges properly and reasonably incurred by the Assured
their servants or agents for such measures. General average, salvage
charges (except as provided for in Clause 20.4) collision defence or
attach costs and costs incurred by the Assured in avoiding, minimising
or contesting liability covered by Clause 19 are not recoverable under
this Clause 20.
20.3 Measures taken by the Assured or the Underwriters with the object of
saving, protecting recovering the subject-matter insured shall not be
considered as a waiver or acceptance of abandonment or otherwise
prejudice the rights of either party.
20.4 When a claim for total loss of the subject-matter insured is admitted
under this insurance and expenses have been reasonably incurred in
saving or attempting to save the subject-matter insured and other
property and there are no proceeds, or the expenses exceed the proceeds,
then this insurance shall bear its pro rata share of such proportion of the
expenses, or of the expenses in excess of the proceeds, as the case may
be, as may reasonably be regarded as having been incurred in respect of
the subject-matter insured.
20.5 The sum recoverable under this Clause 20 shall be in addition to the loss
otherwise recoverable under this insurance but shall in no
circumstances exceed the amount insured under this insurance in respect
of the Vessel.
The following clauses shall be paramount and shall override anything
contained in this insurance inconsistent therewith.
不保事項
21. WAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense cause by
21.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
21.2 capture seizure arrest restraint or detainment (barratry and piracy
excepted), and the consequences thereof or any attempt thereat
21.3 derelict mines torpedoes bombs or other derelict weapons of war.
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22. STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
22.1 strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotion
22.2 any terrorist or any person acting form a political motive.
23. MALICIOUS ACTS EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising
from
23.1 the detonation of an explosive
23.2 any weapon of war
and caused by any person acting maliciously or from a political motive.
24. NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense directly or
indirectly caused by or contributed to by or arising from
24.1 ionising radiations from or contamination by radioactivity from any
nuclear fuel or from any nuclear waste from the combustion of nuclear
fuel
24.2 the radioactive, toxic, explosive or other hazardous properties of any
explosive nuclear assembly or nuclear component thereof any weapon of
war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE MORTGAGEES INTEREST CLAUSES –
HULLS
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276087 號函備查
承保範圍
1 SUBJECT-MATTER INSURED
1.1 This contract commences ….; and is to insure, subject to the conditions stated
herein, in interest of… as first mortgagees, in vessels to be declared for periods
not in excess of 12 months each declaration.
1.2 This contract does not cover the interest of any other party and is not assignable
or otherwise transferable.
2 DECLARATIONS
Subject to the provisions of Clause 3 it is a conditions of this contract that the
Assured must declare, without exception, and the Underwriters must accept, all
interest by way if first mortgage in any vessel or vessels, giving provisional notice
160
to the name(s) of the vessel(s) and their owner(s) and the amount(s) of the loan(s).
3 SUM INSURED
This contract is for an open amount not to exceed in respect of any one vessel
unless specially agreed. In the event of loss after provisional but before final
declaration the basis of valuation shall be the amount of the loan not exceeding the
sound market value of the vessel at the time of the granting of the loan.
4 WARRANTIES
It is warranted in respect of each vessel that :
4.1 Hull and Machinery Policies on terms equivalent to Institute Time Clauses
Hulls or American Institute Hull Clauses and where applicable Increased Value
Policies equivalent to Institute Time Clauses – Hulls Disbursements and
Increased Value (Total Loss Only including Excess Liabilities) or American
Institute Increased Value and Excess Liabilities Clauses, also War Risks
policies equivalent to Institute War and Strikes Clauses Hulls – Time and full
Protection and Indemnity Risks (hereafter referred to as "Owners' policies and
Club Entries") have been t aken out and shall be maintained throughout the
currency of this contract.
4.2 The Owners' Policies and Club Entries, warranted in 4.1 above, shall be taken
out and maintained in respect of each vessel at all times for an insured value and
limit of liability not less than the amount insured hereunder or the amount of the
outstanding loan.
4.3 Each of the Owners' Policies and Club Entries is endorsed to the extend of the
Assured's interest.
5 CHANGE OF OWNERSHIPP OR CONTROL
This insurance will terminate automatically at the time of any change of ownership,
management or control, of which the Assured hereunder has knowledge or privity,
unless the Assured gives prompt notice of such change in writing to the Underwriters
hereon and agrees to pay an additional premium, if required.
6 INDEMNITY
6.1 This contract is to indemnify the Assured for loss resulting from loss of or
damage to or liability of each vessel which is prima facie covered by the Owners'
Policies or Club Entries but in respect of which there is subsequent non -payment
(or reduced payment which is approved in advance by the Underwriters hereon):
6.1.1 by reason of any act or omission of any one or more of the Owners,
Operators, Charterers or Managers of the vessel or their servants or agents
including breach or alleged breach of warranty or condition whether
expressed or implied or nondisclosure or alleged non-disclosure of any fact
or circumstances of any kind whatsoever.
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6.1.2 By virtue of any alleged deliberate, negligent or accidental actor omission or
any knowledge or privity of any one or more of the Owners, Operators,
Charterers or Managers of the vessel or their servants or agents, including
the deliberate or negligent casting away or damaging of the vessel or the
vessel being unseaworthy.
6.2 The cover provided under Clause 6.1 above shall only apply while any such act,
omission, non-disclosure, breach of warranty or conditions, knowledge or privity
occurs or exists without the privity of the Assured.
6.3 The indemnity payable hereunder shall be an amount equal to whichever shall be
at least of
6.3.1 the unrecoverable claim or part thereof under Owners' Policies and/or Club
Entries
6.3.2 the outstanding indebtedness under the declared loan at the time for payment
under Clause 8 hereof
6.3.3 the sum insured
provided that if the subject-matter insured is not fully insured hereunder by reason
of Clause 3 or otherwise, the indemnity
shall be reduced in proportion to the under-insurance.
8 TIME FOR PAYMENT
8.1 There shall be deemed to be a non-payment by the Underwriters of the Owners'
policies and/or Club Entries
8.1.1 when a final court judgement is delivered in favour of those Underwriters,
or
8.1.2 at such earlier time as the Assured can demonstrate to the satisfaction of the
Underwriters hereon that there is no reasonable prospect of the Owners
and/or Assured succeeding in the claim against the Underwriters of the
Owners' Policies and/or Club Entries. In the event of disagreement between
the Assured and the Underw riters hereon this shall be referred to a sole
arbitrator to be agreed upon between the Underwriters hereon and the
Assured.
8.2 Thereafter the Assured shall formally present their claim hereunder and any
amount recoverable hereunder shall be payable within three calendar months of
the date n which the Assured shall have presented their properly documented
claim to the Underwriters of this contract.
9 SUBROGATION
9.1 Upon payment to the Assured of a claim hereunder the Underwriters shall be
subrogated to all rights and remedies of the Assured in respect of such payment.
9.2 It is a condition of this contract that any payment(s) by the Underwriters shall be
applied by the Assured in or towards discharge or satisfaction of the outstanding
indebtedness.
162
10 DUTY OF ASSURED (SUE & LABOUR)
10.1 It is a condition of this insurance that the Assured shall give notice in writing
to the Underwriters hereon of any circumstances which may give rise to a
claim under this contract and shall thereafter keep the Underwriters fully
informed of al l developments.
10.2 It is the duty of the Assured and their servant and agents to take such measures
as may be reasonable for the purpose of averting or minimising a loss which
would be recoverable under this contract.
10.3 Except as provided in Clause 7.1 the Underwriters will reimburse charges
properly and reasonably incurred by the Assured their servants or agents for
such measures provided that if the subject -matter insured is not fully insured
by reason of Clause 3 or otherwise, the indemnity shall be reduced i n
proportion to the under-insurance.
10.4 Measures taken by the Assured or the Underwriters with the object of averting
or minimising a loss which would be recoverable under this contract shall not
be considered as a waiver or acceptance of a claim or otherwise prejudice the
rights of either party.
10.5 The sum recoverable under this Clause 10 shall be in addition to the loss
otherwise recoverable under this contract.
11 CANCELLATION
This contract may be cancelled by either the Underwriters or the Assured giving
thirty days notice in writing. Notice to commence from midnight of the day when it
is issued but such cancellation shall not apply to any risks which have attached in
accordance with the cover granted hereunder before the cancellation becomes
effective.
12 AUTOMATIC TERMINANTION AND NOTICE OF CANCELLATON –
WAR AND STRIKES RISKS
Cover hereunder in respect of the risks which are covered by the Institute War and
Strikes Clauses Hulls – Time 1/10/83 shall terminate
12.1 automatically upon the occurrence of any of the events mentioned in Clause
5.2.1 and 5.2.2 of the Termination Clause in the Institute War and Strikes
Clauses Hulls – Time 1/10/83
12.2 in respect of any vessel
12.2.1 automatically in the event of the vessel being requisitioned either for
title or use
12.2.2 7 days after the Underwriters of the Owners' War Risks Insurances or
any of them have given notice of cancellation, or
12.2.3 7days after the Underwriters hereon have given notice of cancellation
in respect of the said risks.
163
12.3 Cancellation in accordance with Clause 12.2.2 and 12.2.3 shall become
effective at the expiry of 7 days from midnight of the day on which the notice
of cancellation is given. The Underwriters agree however to reinstate this
insurance subject to the agreement between the Underwriters and the Assured
prior to the expiry of such notice of cancellation as to new rate of premium
and/or conditions and/or warranties.
不保事項
7 EXCLUSIONS
7.1 Excluding the Assured's legal costs and expense incurred in relation to any claim
under Hull Policies a nd/or Club Entries
7.2 In no case shall this insurance cover loss damage liability or expenses arising
from:
7.2.1 the relevant Owners' Policies or Club Entries having been lawfully
terminated by the Underwriters thereof due to non -payment of premium or
call
7.2.2 insolvency or financial default of any of the Underwriters of the Owners'
Policies or Club Entries
7.2.3 inability of any party to transmit funds
7.2.4 any fluctuation in exchanges rates
7.2.5 the operation of any franchise deductible or provision for self -insurance.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE PROTECTION AND INDEMNITY WAR
AND STRIKES CLAUSES HULL - TIME
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276088 號函備查
承保範圍
1. PROTECTION AND INDEMNITY
The Underwriters agree to indemnify the Assured in the manner and to the extent
provided in Clause 1 of the Institute Protection and Indemnity Clauses Hull - Time
20/7/87 (excluding Clause 1.3.10) where the claim, demand, damages, costs and/or
expenses has/have been caused by
war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any
hostile act by or against a belligerent power
capture seizure arrest restraint or detainment, and the consequences thereof or any
attempt thereat
derelict mines torpedoes bombs or other derelict weapons of war
strikers, locked-out workmen, or persons taking part in labour disturbances,
riots or civil commotions
any terrorist or any person acting maliciously or from a political motive
confiscation or expropriation.
不保事項
164
2. EXCLUSIONS
Subject always to the exclusion of any claim arising from
any detonation of any weapon of war employing atomic or nuclear fission
and/or fusion or other like reaction or radioactive force or matter, hereinafter
called a nuclear weapon of war
the outbreak of war (whether there be a declaration of war or not) between any
of the following countries:
United Kingdom, United States of America, France, the Union of Soviet
Socialist Republics, the People’s Republic of China
requisition or pre-emption
capture seizure arrest restraint detainment confiscation or expropriation by or
under the order of the government or any public or local authority of the
country in which the Vessel is owned or registered
arrest restraint detainment confiscation or expropriation under quarantine
regulations or by reason of infringement of any customs or trading regulations
the operation of ordinary judicial process, failure to provide security or to pay
any fine or penalty or any financial cause piracy (but this exclusion shall not
affect cover under Clause 1.4).
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE TIME CLAUSES – HULLS
DISBURSEMENTS AND INCREASED VALUE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276089 號函備查
承保範圍
1 NAVIGATION
1.1 The subject-matter insured is covered subject to the provisions of this
insurance at all times and the vessel has leave to sail or navigate with or
without pilots, to go on trial trips and to assist and tow vessels or craft in
distress, but it is warranted that the vessel shall not be towed, except as is
customary or to the first safe port or place when in need of assistance, or
undertake towage or salvage services under a contract previously arranged
by the Assured and/or Owners and/or Managers and/or Charterers. This
Clause 1.1 shall not exclude customary towage in connection with loading
and discharging.
1.2 In the event of the vessel being employed in trading operations which entail
cargo loading or discharging at sea from or into another vessel (not being a
harbour or inshore craft) no claim shall be recoverable under this insurance
in respect of loss of or damage to the subject-matter insured or for liability
to any other vessel arising from such loading or discharging operations,
including whilst approaching, lying alongside and leaving, unless previous
notice that the vessel is to be employed in such operations has been given to
the Underwriters and any amended terms of cover and any additional
premium required by them have been agreed.
1.3 In the event of the vessel sailing (with or without cargo) with an intention of
being (a) broken up, or (b) sold for breaking up, no claim shall be
recoverable under this insurance in respect of loss or damage to the vessel
165
occurring subsequent to such sailing unless previous notice has been given
to the Underwriters and any amendments to the terms of cover, amount
insured and premium required by them have been agreed.
2 CONTINUATION
Should the vessel at the expiration of this insurance be at sea or in distress or at a
port of refuge or of call, the subject-matter insured shall, provided previous notice
be given to the Underwriters, be held covered at a pro rata monthly premium to her
port of destination.
3. BREACH OF WARRANTY Held covered in case of any breach of warranty as to cargo, locality, trade, towage,
salvage services or date of sailing, provided notice be given to the Underwriters
immediately after receipt of advices and any amended terms of cover and any
additional premium required by them be agreed.
4.TERMINATION This Clause 4 shall prevail notwithstanding any provision whether written typed or
printed in this insurance inconsistent therewith.
Unless the Underwriters agree to the contrary in writing, this insurance shall
terminate automatically at the time of
4.1 change of the Classification Society of the vessel, or change, suspension,
discontinuance, withdrawal or expiry of her Class therein, provided that if the
vessel is at sea such automatic termination shall be deferred until arrival at her
next port. However where such change, suspension, discontinuance or
withdrawal of her Class has resulted from loss or damage which would be
covered by an insurance of the vessel subject to current Institute Time Clauses
Hulls or Institute War and Strikes Clauses Hulls-Time such automatic
termination shall only operate should the vessel sail from her next port
without the prior approval of the Classification Society,
4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new
management, or charter on a bareboat basis, or requisition for title or use of
the vessel, provided that, if the vessel has cargo on board and has already
sailed from her loading port or is at sea in ballast, such automatic termination
shall if required be deferred, whilst the vessel continues her planned voyage,
until arrival at final port of discharge if with cargo or at port of destination if
in ballast. However, in the event of requisition for title or use without the prior
execution of a written agreement by the Assured, such automatic termination
shall occur fifteen days after such requisition whether the vessel is at sea or in
port. A pro rata daily net return of premium shall be made.
5ASSIGNMENT No assignment of or interest in this insurance or in any moneys which may be or
become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by
the assignor in the case of subsequent assignment, is endorsed on the Policy and the
Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
6 PERILS
6.1 This insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
6.1.1 perils of the seas rivers lakes or other navigable waters
6.1.2 fire, explosion
6.1.3 violent theft by persons from outside the vessel
166
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown of or accident to nuclear installations or reactors
6.1.7 contact with aircraft or similar objects, or objects falling therefrom,
land conveyance, dock or harbour equipment or installation
6.1.8 earthquake volcanic eruption or lightning.
6.2 This insurance covers total loss (actual or constructive) of the subject-matter
insured caused by
6.2.1 accidents in loading discharging or shifting cargo or fuel
6.2.2 bursting of boilers breakage of shafts or any latent defect in the
machinery or hull
6.2.3 negligence of Master Officers Crew or Pilots
6.2.4 negligence of repairers or charterers provided such repairers or
charterers are not an Assured hereunder
6.2.5 barratry of Master Officers or Crew,
provided such loss or damage has not resulted from want of due
diligence by the Assured, Owners or Managers.
6.3 Master Officers Crew or Pilots not to be considered Owners within the
meaning of this Clause 6 should they hold shares in the vessel.
6.4 This insurance covers:
6.4.1 General Average, Salvage and Salvage Charges not recoverable in
full under the insurances on hull and machinery by reason of the
difference between the insured value of the vessel as stated therein
(or any reduced value arising from the deduction therefrom in
process of adjustment of any claim which law or practice or the
terms of the insurances covering hull and machinery may have
required) and the value of the vessel adopted for the purpose of
contribution to general average, salvage or salvage charges, the
liability under this insurance being for such proportion of the amount
not recoverable as the amount insured hereunder bears to the said
difference or to the total sum insured against excess liabilities if it
exceed such difference.
6.4.2 Sue and labour Charges not recoverable in full under the
insurances on hull and machinery by reason of the difference
between the insured value of the vessel as stated therein and the
value of the vessel adopted for the purpose of ascertaining the
amount recoverable under the insurances on hull and machinery, the
liability under this insurance being for such proportion of the amount
not recoverable as the amount insured hereunder bears to the said
difference or to the total sum insured against excess liabilities if it
exceed such difference.
6.4.3 Collision Liability (three-fourths) not recoverable in full under the
Institute 3/4ths Collision Liability and Sistership Clauses in the
insurances on hull and machinery by reason of such three-fourths
liability exceeding three-fourths of the insured value of the vessel as
stated therein, in which case the amount recoverable under this
insurance shall be such proportion of the difference so arising as the
amount insured hereunder bears to the total sum insured against
excess liabilities.
6.5 The Underwriters' liability under 6.4.1, 6.4.2 and 6.4.3 separately, in respect
of any one claim, shall not exceed the amount insured hereunder.
7 POLLUTION HAZARD
This insurance covers total loss (actual or constructive) of the vessel caused by any
167
governmental authority acting under the powers vested in it to prevent or mitigate a
pollution hazard, or threat thereof, resulting directly from damage to the vessel
caused by a peril covered by this insurance, provided such act of governmental
authority has not resulted from want of due diligence by the Assured, the Owners,
or Managers of the vessel or any of them to prevent or mitigate such hazard or
threat. Master, Officers, Crew or Pilots not to be considered Owners within the
meaning of this Clause 7 should they hold shares in the vessel.
8 NOTICE OF CLAIM
In the event of accident whereby loss or damage may result in a claim under this
insurance, notice shall be given to the Underwriters prior to survey and also, if the
vessel is abroad, to the nearest Lloyd's Agent so that a surveyor may be appointed to
represent the Underwriters should they so desire.
9 CONSTRUCTIVE TOTAL LOSS
9.1 In ascertaining whether the vessel is a constructive total loss, the insured value
in the insurances on hull and machinery shall be taken as the repaired value
and nothing in respect of the damaged or break-up value of the vessel or
wreck shall be taken into account.
9.2 No claim for constructive total loss based upon the cost of recovery and/or
repair of the vessel shall be recoverable hereunder unless such cost would
exceed the insured value in the insurances on hull and machinery. In making
this determination, only the cost relating to a single accident or sequence of
damages arising from the same accident shall be taken into account.
9.3 Provided that the Constructive Total Loss Clause in the current Institute Time
Clauses Hulls or a clause having a similar effect is contained in the insurances
on hull and machinery, the settlement of a claim for constructive total loss
thereunder shall be accepted as proof of the constructive total loss of the
vessel.
9.4 Should the vessel be a constructive total loss but the claim on the insurances
on hull and machinery be settled as a claim for partial loss, no payment shall
be due under this Clause 9.
10 COMPROMISED TOTAL LOSS In the event of a claim for total loss or constructive total loss being settled on the
insurances on hull and machinery as a compromised total loss the amount payable
hereunder shall be the same percentage of the amount insured as is paid on the said
insurances.
11 RETURNS FOR LAY-UP AND CANCELLATION
11.1 To return as follows:
11.1.1Pro rata monthly net for each uncommenced month if this insurance
be cancelled by agreement.
11.1.2For each period of 30 consecutive days the vessel may be laid up in a
port or in a lay-up area provided such port or lay-up area is approved
by the Underwriters (with special liberties as hereinafter allowed)
(a) ……………. per cent net not under repair
(b) ………………per cent net under repair.
If the vessel is under repair during part only of a period for which a
return is claimable, the return shall be calculated pro rata to the
number of days under (a) and (b) respectively.
11.2 PROVIDED ALWAYS THAT
11.2.1a total loss of the vessel, whether by insured perils or otherwise, has
168
not occurred during the period covered by this insurance or any
extension thereof
11.2.2in no case shall a return be allowed when the vessel is lying in
exposed or unprotected waters, or in a port or lay-up area not approved
by the Underwriters but, provided the Underwriters agree that such
non-approved lay-up area is deemed to be within the vicinity of the
approved port or lay-up area, days during which the vessel is laid up in
such non-approved lay-up area may be added to days in the approved
port or lay-up area to calculate a period of 30 consecutive days and a
return shall be allowed for the proportion of such period during which
the vessel is actually laid up in the approved port or lay-up area
11.2.3loading or discharging operations or the presence of cargo on board
shall not debar returns but no return shall be allowed for any period
during which the vessel is being used for the storage of cargo or for
lightering purposes
11.2.4in the event of any amendment of the annual rate, the above rates of
return shall be adjusted accordingly
11.2.5in the event of any return recoverable under this Clause 11 being
based on 30 consecutive days which fall on successive insurances
effected for the same Assured, this insurance shall only be liable for an
amount calculated at pro rata of the period rates 11.1.2 (a) and/or (b)
above for the number of days which come within the period of this
insurance and to which a return is actually applicable. Such
overlapping period shall run, at the option of the Assured, either from
the first day on which the vessel is laid up or the first day of a period
of 30 consecutive days as provided under 11.1.2 (a) or (b), or 11.2.2
above.
The following clauses shall be paramount and shall override anything contained in
this insurance inconsistent therewith.
不保事項
12 WAR EXCLUSION In no case shall this insurance cover loss damage liability or expense caused by
12.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
12.2 capture seizure arrest restraint or detainment (barratry and piracy excepted),
and the consequences thereof or any attempt thereat
12.3 derelict mines torpedoes bombs or other derelict weapons of war.
13 STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
13.1 strikers, locked-out workmen, or persons taking part in labour disturbances,
riots or civil commotions
13.2 any terrorist or any person acting from a political motive.
14 MALICIOUS ACTS EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising
from
14.1 the detonation of an explosive
14.2 any weapon of war and caused by any person acting maliciously or from a
political motive.
15 NUCLEAR EXCLUSION In no case shall this insurance cover loss damage liability or expense arising from
169
any weapon of war employing atomic or nuclear fission and/or fusion or other
like reaction or radioactive force or matter.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE TIME CLAUSES HULLS
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276090 號函備查
承保範圍
1 NAVIGATION
1.1 The Vessel is covered subject to the provisions of this insurance at all times and
has leave to sail or navigate with or without pilots, to go on trial trips and to
assist and tow vessels or craft in distress, but it is warranted that the Vessel shall
not be towed, except as is customary or to the first safe port or place when in
need of assistance, or undertake towage or salvage services under a contract
previously arranged by the Assured and/or Owners and/or Managers and/or
Charterers. This Clause 1 .1 shall not exclude customary towage in connection
with loading and discharging.
1.2 In the event of the Vessel being employed in trading operations which entail
cargo loading or discharging at sea from or into another vessel (not being a
harbour or inshore craft) no claim shall be recoverable under this insurance for
loss of or damage to the Vessel or liability to any other vessel arising from such
loading or discharging operations, including whilst approaching, lying alongside
and leaving, unless previous notice that the vessel is to be employed in such
operations has been given to the Underwriters and any amended terms of cover
and any additional premium required by them have been agreed.
1.3 In the event of the Vessel sailing (with or without cargo) with an intention of
being (a) broken up, or (b) sold for breaking up, any claim for loss of or damage
to the Vessel occurring subsequent to such sailing shall be limited to the market
value of the Vessel as scrap at the time when the loss or damage is sustained,
unless previous notice has been given to the Underwriters and any amendments
to the terms of cover, insured value arid premium required by them have been
agreed. Nothing in this Clause 1.3 shall affect claims under Clauses 8 and/or 11.
2 CONTINUATION
2.1 Should the Vessel at the expiration of this insurance be at sea or in distress or
at a port of refuge or of call, she shall, provided previous notice be given to
the Underwriters, be held covered at a pro rata monthly premium to her port
of destination.
3 BREACH OF WARRANTY
Held covered in case of any breach of warranty as to cargo, trade, locality, towage,
salvage services or date of sailing, provided notice be given to the Underwriters
170
immediately after receipt of advices and any amended terms of cover and any
additional premium required by them he agreed.
4 TERMINATION
This Clause 4 shall prevail notwithstanding any provision whether written
typed or printed in this insurance inconsistent therewith.
Unless the Underwriters agree to the contrary in writing, this insurance shall
terminate automatically at the time of
4.1 change of the Classification Society of the Vessel, or change, suspension,
discontinuance, withdrawal or expiry of her Class therein, provided that if the
Vessel is at sea such automatic termination shall be deferred until arrival at her
next port. However where such change, suspension, discontinuance or
withdrawal of her Class has resulted from loss or damage covered by Clause 6
of this insurance or which would be covered by an insurance of the Vessel
subject to current Institute War and Strikes Clauses Hulls-Time such
automatic termination shall only operate should the Vessel sail from her next
port without the prior approval of the Classification Society,
4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new
management, or charter on a bareboat basis, or requisition for title or use of
the Vessel, provided that, if the Vessel has cargo on board and has already
sailed from her loading port or is at sea in ballast, such automatic termination
shall if required be deferred, whilst the Vessel continues her planned voyage,
until arrival at final port of discharge if with cargo or at port of destination if
in ballast. However, in the event of requisition for title or use without the prior
execution of a written agreement by the Assured, such automatic termination
shall occur fifteen days after such requisition whether the Vessel is at sea or in
port. A pro rata daily net return of premium shall be made.
5 ASSIGNMENT
No assignment of or interest in this insurance or in any moneys which may be or
become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by
the assignor in the case of subsequent assignment, is endorsed on the Policy and the
Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
6 PERILS
6.1 This insurance covers loss of or damage to the subject-matter insured
caused by
6.1.1 perils of the seas rivers lakes or other navigable waters
6.1.2 fire, explosion
6.1.3 violent theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
171
6.1.6 breakdown of or accident to nuclear installations or reactors
6.1.7 contact with aircraft or similar objects, or objects falling therefrom,
land conveyance, dock or harbour equipment or installation
6.1.8 earthquake volcanic eruption or lightning.
6.2 This insurance covers loss of or damage to the subject-matter insured caused
by
6.2.1 accidents in loading discharging or shifting cargo or fuel
6.2.2 bursting of boilers breakage of shafts or any latent defect in the
machinery or hull
6.2.3 negligence of Master Officers Crew or Pilots
6.2.4 negligence of repairers or charterers provided such repairers or
charterers are not an Assured hereunder
6.2.5 barratry of Master Officers or Crew, provided such loss or damage has
not resulted from want of due diligence by the Assured, Owners or
Managers.
6.3 Master Officers Crew or Pilots not to be considered Owners within the
meaning of this Clause 6 should they hold shares in the Vessel.
7 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel caused by any governmental
authority acting under the powers vested in it to prevent or mitigate a pollution
hazard, or threat thereof, resulting directly from damage to the Vessel for which the
Underwriters are liable under this insurance, provided such act of governmental
authority has not resulted from want of due diligence by the Assured, the Owners,
or Managers of the Vessel or any of them to prevent or mitigate such hazard or
threat. Master, Officers, Crew or Pilots not to be considered Owners within the
meaning of this Clause 7 should they hold shares in this Vessel.
8 3/4THS COLLISION LIABILITY
8.1The Underwriters agree to indemnify the Assured for three-fourths of any sum or
sums paid by the Assured to any other person or persons by reason of the Assured
becoming legally liable by way of damages. for
8.1.1 loss of or damage to any other vessel or property on any other vessel
8.1.2 delay to or loss of use of any such other vessel or property thereon
8.1.3 general average of, salvage of, or salvage under contract of, any such other
vessel or property thereon, where such payment by the Assured is in
consequence of the Vessel hereby insured coming into collision with any
other vessel.
8.2The indemnity provided by this Clause 8 shall he in addition to the indemnity
provided by the other terms and conditions of this insurance and shall be subject
to the following provisions:
8.2.1 Where the insured Vessel is in collision with another vessel and both
vessels are to blame then, unless the liability of one or both vessels
becomes limited by law, the indemnity under this Clause 8 shall be
172
calculated on the principle of cross-liabilities as if the respective Owners
had been compelled to pay to each other such proportion of each other’s
damages as may have been properly allowed in ascertaining the balance or
sum payable by or to the Assured in consequence of the collision.
8.2.2 In no case shall the Underwriters’ total liability under Clauses 8.1 and 8.2
exceed their proportionate part of three-fourths of the insured value of the
Vessel hereby insured in respect of any one collision
8.3 The Underwriters will also pay three-fourths of the legal costs incurred by the
Assured or which the Assured may be compelled to pay in contesting liability or
taking proceedings to limit liability, with the prior written consent of the
Underwriters.
EXCLUSIONS
8.4 Provided always that this Clause 8 shall in no case extend to any sum which the
Assured shall pay for or in respect of
8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing
whatsoever
8.4.2 any real or personal property or thing whatsoever except other vessels or
property on other vessels
8.4.3 the cargo or other property on, or the engagements of, the insured Vessel
8.4.4 Loss of life, personal injury or illness
8.4.5 pollution or contamination of any real or personal property or thing
whatsoever (except other vessels with which the insured Vessel is in
collision or property on such other vessels).
9 SISTERSHIP
Should the Vessel hereby insured come into collision with or receive salvage services
from another vessel belonging wholly or in part to the same Owners or under the
same management, the Assured shall have the same rights under this insurance as
they would have were the other vessel entirely the property of Owners not interested
in the Vessel hereby insured; but in such cases the liability for the collision or the
amount payable for the services rendered shall be referred to a sole arbitrator to be
agreed upon between the Underwriters and the Assured.
10 NOTICE OF CLAIM AND TENDERS
10.1 In the event of accident whereby loss or damage may result in a claim under
this insurance, notice shall be given to the Underwriters prior to survey and
also, if the Vessel is abroad, to the nearest Lloyd’s Agent so that a surveyor
may be appointed to represent the Underwriters should they so desire.
10.2 The Underwriters shall be entitled to decide the port to which the Vessel shall
proceed for docking or repair (the actual additional expense of the voyage
arising from compliance with the Underwriters’ requirements being refunded
to the Assured) and shall have a right of veto concerning a place of repair or a
repairing firm.
10.3 The Underwriters may also take tenders or may require further tenders to be
173
taken for the repair of the Vessel. Where such a tender has been taken and a
tender is accepted with the approval of the Underwriters, an allowance shall
be made at the rate of 30% per annum on the insured value for time lost
between the despatch of the invitations to tender required by Underwriters and
the acceptance of a tender to the extent that such time is lost solely as the
result of tenders having been taken and provided that the tender is accepted
without delay after receipt of the Underwriters’ approval.
Due credit shall be given against the allowance as above for any amounts
recovered in respect of fuel and stores and wages and maintenance of the
Master Officers and Crew or any member thereof, including amounts allowed
in general average, and for any amounts recovered from third parties in
respect of damages for detention and/or loss of profit and/or running expenses,
for the period covered by the tender allowance or any part thereof.
Where a part of the cost of the repair of damage other than a fixed deductible
is not recoverable from the Underwriters the allowance shall be reduced by a
similar proportion.
10.4 In the event of failure to comply with the conditions of this Clause 10 a
deduction of 15% shall be made from the amount of the ascertained claim.
11. GENERAL AVERAGE AND SALVAGE
This insurance covers the Vessel’s proportion of salvage, salvage charges and/or
general average, reduced in respect of any under-insurance, but in case of
general average sacrifice of the Vessel the Assured may recover in respect of
the whole loss without first enforcing their right of contribution from other
parties.
Adjustment to be according to the law and practice obtaining at the place where
the adventure ends, as if the contract of affreightment contained no special
terms upon the subject; but where the contract of affreightment so provides the
adjustment shall be according to the York-Antwerp Rules.
When the Vessel sails in ballast, not under charter, the provisions 01’ the
York-Antwerp Rules, 1974 (excluding Rules XX and XXI) shall be applicable,
and the voyage for this purpose shall be deemed to continue from the port or
place of departure until the arrival of the Vessel at the first port or place
thereafter other than a port or place of refuge or a port or place of call for
bunkering only. If at any such intermediate port or place there is an
abandonment of the adventure originally contemplated the voyage shall
thereupon be deemed to be terminated.
No claim under this Clause 11 shall in any case be allowed where the loss was
not incurred to avoid or in connection with the avoidance of a peril insured
against.
12. DEDUCTIBLE
No claim arising from a peril insured against shall be payable under this insurance
unless the aggregate of all such claims arising out of each separate accident
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or occurrence (including claims Under Clauses 8, 11and 13)
exceeds………………………………………………………
in which case this sum shall be deducted. Nevertheless the expense ‘of
sighting the bottom after stranding, if’ reasonably incurred specially for that
purpose, shall be paid even if no damage be found. This Clause 12.1 shall
not apply to a claim for total or constructive total loss of the Vessel or, in the
event of such a claim, to any associated claim under Clause 13 arising from
the same accident or occurrence.
Claims for damage by heavy weather occurring during a single sea passage
between two successive ports shall be treated as being due to one accident. In
the case of such heavy weather extending over a period not wholly covered
by this insurance the deductible to be applied to the claim recoverable
hereunder shall be the proportion of the above deductible that the number of
days of such heavy weather falling within the period of this insurance bears
to the number of days of heavy weather during the single sea passage. The
expression “heavy weather” in this Clause 12.2 shall be deemed to include
contact with floating ice.
Excluding any interest comprised therein, recoveries against any claim which is
subject to the above deductible shall be credited to the Underwriters in full to
the extent of the sum by which the aggregate of the claim unreduced by any
recoveries exceeds the above deductible.
Interest comprised in recoveries shall be apportioned between the Assured and the
Underwriters, taking into account the sums paid by the Underwriters and the
dates when such payments were made, notwithstanding that by the addition
of interest the Underwriters may receive a Larger sum than they have paid.
13. DUTY OF ASSURED (SUE AND LABOUR)
In case of any loss or misfortune it is the duty of the Assured and their servants
and agents to take such measures as may be reasonable for the purpose of averting
or minimising a loss which would be recoverabLe under this insurance.
Subject to the provisions below and to Clause 12 the Underwriters will
contribute to charges properly and reasonably incurred by the Assured their
servants or agents for such measures. General average, salvage charges (except as
provided for in Clause 13.5) and collision defence or attack costs are not
recoverable under this Clause 13.
Measures taken by the Assured or the Underwriters with the object of saving,
protecting or recovering the subject-matter insured shall not be considered as a
waiver or acceptance of abandonment or otherwise prejudice the rights of either
party.
When expenses are incurred pursuant to this Clause 13 the liability under this
insurance shall not exceed the proportion of such expenses that the amount insured
hereunder bears to the value of the Vessel as stated herein, or to the sound value of
the Vessel at the time of the occurrence giving rise to the expenditure if the sound
175
value exceeds that value. Where the Underwriters have admitted a claim for total
loss and property insured by this insurance is saved, the foregoing provisions shall
not apply unless the expenses of suing and labouring exceed the value of such
property saved and then shall apply only to the amount of the expenses which is in
excess of such value.
When a claim for total loss of the Vessel is admitted under this insurance and
expenses have been reasonably incurred in saving or attempting to save the Vessel
and other property and there are no proceeds, or the expenses exceed the proceeds,
then this insurance shall bear its pro rata share of such proportion of the expenses,
or of the expenses in excess of the proceeds, as the case may be, as may
reasonably be regarded as having been incurred in respect of the Vessel; but if the
Vessel be insured for less than its sound value at the time of the occurrence giving
rise to the expenditure, the amount recoverable under this clause shall be reduced
in proportion to the 1.inder-insurance. ‘
The sum recoverable under this Clause I) shall be in addition to the loss
otherwise recoverable under this insurance but shall in no circumstances exceed
the amount insured under this insurance in respect of the Vessel.
14. NEW FOR OLD
Claims payable without deduction new for old.
15. BOTTOM TREATMENT
In no case shall a claim be allowed in respect of scraping gritblasting and/or other
surface preparation or painting of the Vessel’s bottom except that
gritblasting and/or other surface preparation of new bottom plates ashore
and supplying and applying any “shop” primer thereto,
gritblasting and/or other surface preparation of: the butts or area of plating
immediately adjacent to any renewed or refitted plating damaged during
the course of welding and/or repairs, areas of plating damaged during the
course of fairing, either in place or ashore,
supplying and applying the first coat of primer/anti-corrosive to those
particular areas mentioned in 15.1 and 15.2 above, shall be allowed as part
of the reasonable cost of repairs in respect of bottom plating damaged by
an insured peril.
16. WAGES AND MAINTENANCE
No claim shall be allowed, other than in general average, for wages and
maintenance of the Master, Officers and Crew, or any member thereof, except when
incurred solely for the necessary removal of the Vessel from one port to another for
the repair of damage covered by the Underwriters, or for trial trips for such repairs,
and then only for such wages and maintenance as are incurred whilst the Vessel is
under way.
17. AGENCY COMMISSION
In no case shall any sum be allowed under this insurance either by way of
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remuneration of the Assured for time and trouble taken to obtain and supply
information or documents or in respect of the commission or charges of any
manager, agent, managing or agency company or the like, appointed by or on behalf
of the Assured to perform such services.
18. UNREPAIRED DAMAGE
The measure of indemnity in respect of claims for unrepaired damage shall be the
reasonable depreciation in the market value of the Vessel at the time this insurance
terminates arising from such unrepaired damage, but not exceeding the reasonable
cost of repairs.
In no case shall the Underwriters be liable for unrepaired damage in the event of a
subsequent total loss (whether or not covered under this insurance) sustained
during the period covered by this insurance or any extension thereof.
The Underwriters shall not be liable in respect of unrepaired damage for more
than the insured value at the time this insurance terminates.
19. CONSTRUCTIVE TOTAL LOSS
In ascertaining whether the Vessel is a constructive total loss, the insured value
shall be taken as the repaired value and nothing in respect of the damaged or
break-up value of the Vessel or wreck shall be taken into account.
No claim for constructive total loss based upon the cost of recovery and/or
repair of the Vessel shall be recoverable hereunder unless such cost would exceed
the insured value. In making this determination, only the cost relating to a single
accident or sequence of damages arising from the same accident shall be taken into
account.
20. FREIGHT WAIVER
In the event of total or constructive total loss no claim to be made by the
Underwriters for freight whether notice of abandonment has been given or not.
21. DISBURSEMENTS WARRANTY
Additional insurances as follows are permitted:
Disbursements, Managers’ Commissions, Profits or Excess or Increased
Value of Hull and Machinery. A sum not exceeding 25% of the value stated
herein.
Freight, Chartered Freight or Anticipated Freight, insured for lime. A sum
not exceeding 25% of the value as stated herein less any sum insured, however
described, under 21.1.1.
Freight or Hire, under contracts for voyage. A sum not exceeding the gross
freight or hire for the current cargo passage and next succeeding cargo passage
(such insurance to include, if required, a preliminary and an intermediate ballast
passage) plus the charges of insurance. In the case of a voyage charter where
payment is made on a time basis, the sum permitted for insurance shall be
calculated on the estimated duration of the voyage, subject to the limitation of
two cargo passages as laid down herein. Any sum insured under 21.1.2 to be
taken into account and only the excess thereof may be insured, which excess
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shall be reduced as the freight or hire is advanced or earned by the gross amount
so advanced or earned.
Anticipated Freight if the Vessel sails in ballast and not under Charter. A
sum not exceeding the anticipated gross freight on next cargo passage, such sum
to be reasonably estimated on the basis of the current rate of freight at time of
insurance plus the charges of insurance. Any sum insured under 21.1.2 to be
taken into account and only the excess thereof may be insured.
Time Charter Hire or Charter Hire for Series of Voyages. A sum not
exceeding 50% of the gross hire which is to be earned under the
charter in a period not exceeding 18 months. Any sum insured under
21.1.2 to be taken into account and only the excess thereof may be
insured, which excess shall be reduced as the hire is advanced or
earned under the charter by 50% of the gross amount so advanced or
earned but the sum insured need not be reduced while the total of the
sums insured under 21.1.2 and 2 1.1.5 does not exceed 50% of the
gross hire still to be earned under the charter. An insurance under this
Section may begin on the signing of the charter.
Premiums. A sum not exceeding the actual premiums of all interests insured
for a period not exceeding 12 months (excluding premiums insured under the
foregoing sections but including, if required, the premium or estimated calls on
any Club or War etc. Risk insurance) reducing pro rata monthly.
Returns of Premium. A sum not exceeding the actual returns which are
allowable under any insurance but which would not be recoverable
thereunder in the event of a total loss of the Vessel whether by
insured perils or otherwise.
Insurance irrespective of amount against:
Any risks excluded by Clauses 23, 24, 25 and 26 below.
Warranted that no insurance on any interests enumerated in the foregoing 21 .1.1
to 21.1.7 in excess of the amounts permitted therein and no other insurance
which includes total toss of the Vessel P.P.I., F.I.A., or subject to any other
like term, is or shall be effected to operate during the currency of this
insurance by or for account of the Assured, Owners, Managers or
Mortgagees. Provided always that a breach of this warranty shall not
afford the Underwriters any defence to a claim by a Mortgagee who has
accepted this insurance without knowledge of such breach.
22. RETURNS FOR LAY-UP AND CANCELLATION
To return as follows:
Pro rata monthly net for each uncommenced month if this insurance be
cancelled by agreement.
For each period of 30 consecutive days the Vessel may be laid up in a port
or in a lay-up area provided such port or lay-up area is approved by the
Underwriters ( with special liberties as hereinafter allowed )
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(a) ……………………………per cent net not under repair
(b) ……………………………per cent net under repair.
If the Vessel is under repair during part only of a period for which a return is
claimable, the return shall be calculated pro rata to the number of days under
(a) and (b) respectively.
PROVIDED ALWAYS THAT
a total loss of the Vessel, whether by insured perils or otherwise, has
not occurred during the period covered by this insurance or any
extension thereof
in no case shall a return be allowed when the Vessel is lying in exposed
or unprotected waters, or in a port or lay-up area not approved
by the Underwriters but, provided the Underwriters agree that
such non-approved lay-up area is deemed to be within the
vicinity of the approved port or lay-up area, days during which
the Vessel is laid up in such hon-approved lay-up area may be
added to days in the approved port or lay-up area to calculate a
period of 30 consecutive slays and a return shall be allowed for
the proportion of such period during which the Vessel is
actually laid up in the approved port or lay-up area
loading or discharging operations or the presence of cargo on board
shall not debar returns but no return shall be allowed for any period during
which the Vessel is being used for the storage of cargo or for lightering
purposes
in the event of any amendment of the annual rate, the above rates of
return shall be adjusted accordingly
in the event of any return recoverable under this Clause 22 being based
on 30 consecutive days which fall on successive insurances effected for
the same Assured, this insurance shall only be liable for an amount
calculated at pro rata of the period rates 22.1.2 (a) and/or (b) above for the
number of days which come within the period of this insurance and to
which a return is actually applicable. Such overlapping period shall run,
at the option of the Assured, either from the first day on which the.
Vessel is laid up or the first day of a period of 30 consecutive days as
provided under 22.l.2 (a) or (b), or 22.2.2 above.
The following clauses shall be paramount and shall override anything
contained in this insurance inconsistent therewith.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
179
商品名稱:INSTITUTE TIME CLAUSES HULLS
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276091 號函備查
承保範圍
1 NAVIGATION
The Vessel has leave to proceed to and from any wet or dry docks harbours ways
cradles and pontoons, within the limits specified in this insurance.
2 TERMINATION
This Clause 2 shall prevail notwithstanding any provision whether written
typed or printed in this insurance inconsistent therewith.
Unless Underwriters agree to the contrary in writing, this insurance shall terminate
automatically at the time of
2.1 change of the Classification Society of the Vessel, or change, suspension,
discontinuance, withdrawal or expiry of her Class therein. However where
such change, suspension, discontinuance or withdrawal of her Class has resulted
from loss or damage covered by Clause 4 of this insurance or which would be
covered by an insurance of the Vessel subject to current Institute War and
Strikes Clauses Hulls-Time such automatic termination shall not operate.
2.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new
management, or charter on a bareboat basis, or requisition for title or use of the
Vessel. However, in the event of requisition for title or use without the prior
execution of a written agreement by the Assured, such automatic termination
shall occur fifteen days after such requisition whether the Vessel is in port or at
sea.
3 ASSIGNMENT
No assignment of or interest in this insurance or in any moneys which may be or
become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by
the assignor in the case of subsequent assignment, is endorsed on the Policy and the
Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
4 PERILS
4.1 This insurance covers loss of or damage to the subject-matter insured caused
by
4.1.1 perils of the seas rivers lakes or other navigable waters
4.1.2 fire lightning explosion
4.1.3 violent theft by persons from outside the Vessel
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4.1.4 jettison
4.1.5 piracy
4.1.6 breakdown of or accident to nuclear installations or reactors
4.1.7 contact with aircraft or similar objects, or objects falling therefrom,
land conveyance, dock or harbour equipment or installation.
4.2 This insurance covers loss of or damage to the subject-matter insured caused
by
4.2.1 accidents in loading discharging or shifting cargo or fuel
4.2.2 bursting of boilers breakage of shafts or any latent defect in the
machinery or hull
4.2.3 negligence of Master Officers Crew or Pilots
4.2.4 negligence of repairers or charterers provided such repairers or
charterers are not an Assured hereunder
4.2.5 barratry of Master Officers or Crew, provided such loss or damage has
not resulted from want of due diligence by the Assured, Owners or
Managers.
4.3 Master Officers Crew or Pilots not to be considered Owners within the
meaning of this Clause 4 should they hold shares in the Vessel.
5 EARTHQUAKE AND VOLCANIC ERUPTION EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
earthquake or volcanic eruption. This exclusion applies to all claims including
claims under Clauses 7, 9, 11 and 13.
6 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel caused by any governmental
authority acting under the powers vested in it to prevent or mitigate a pollution
hazard, or threat thereof, resulting directly from damage to the Vessel for which the
Underwriters are liable under this insurance, provided such act of governmental
authority has not resulted from want of due diligence by the Assured, the Owners,
or Managers of the Vessel or any of them to prevent or mitigate such hazard or
threat. Master, Officers, Crew or Pilots not to be considered Owners within the
meaning of this Clause 6 should they hold shares in the Vessel.
7 COLLISION LIABILITY
7.1 The Underwriters agree to indemnify the Assured for any sum or sums paid by
the Assured to any other person or persons by reason of the Assured becoming
legally liable by way of damages for
7.1.1 loss of or damage to any other vessel or property on any other vessel
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7.1.2 delay to or loss of use of any such other vessel or property thereon
7.1.3 general average of, salvage of, or salvage under contract of, any such other
vessel or property thereon, where such payment by the Assured is in
consequence of the Vessel hereby insured coming into collision with any
other vessel.
7.2 The indemnity provided by this Clause 7 shall be in addition to the indemnity
provided by the other terms and conditions of this insurance and shall be subject
to the following provisions:
7.2.1Whether the insured Vessel is in collision with another vessel and both
vessels are to blame then, unless the liability of one or both vessels
becomes limited by law, the indemnity under this Clause 7 shall be
calculated on the principle of cross-liabilities as if the respective Owners
had been compelled to pay to each other such proportion of each other’s
damages as may have been properly allowed in ascertaining the balance or
sum payable by or to the Assured in consequence of the collision.
7.2.2 In no case shall the Underwriters’ total liability under Clauses 7.1 and 7.2
exceed their proportionate part of the insured value of the Vessel hereby
insured in respect of any one such collision.
7.3 The Underwriters will also pay the legal costs incurred by the Assured or which
the Assured may be compelled to pay in contesting liability or taking
proceedings to limit liability, with the prior written consent of the Underwriters.
EXCLUSIONS
7.4 Provided always that this Clause 7 shall in no case extend to any sum which the
Assured shall pay for or in respect of
7.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing
whatsoever
7.4.2 any real or personal property or thing whatsoever except other vessels or
property on other vessels
7.4.3 the cargo or other property on, or the engagements of, the insured Vessel
7.4.4 loss of life, personal injury or illness
7.4.5 pollution or contamination of any real or personal property or thing
whatsoever (except other vessels with which the insured Vessel is in
collision or property on such other vessels).
8 SISTERSHIP
Should the Vessel hereby insured come into collision with or receive salvage
services from another vessel belonging wholly or in part to the same Owners or
under the same management, the Assured shall have the same rights under this
insurance as they would have were the other vessel entirely the property of Owners
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not interested in the Vessel hereby insured; but in such cases the liability for the
collision or the amount payable for the services rendered shall be referred to a sole
arbitrator to be agreed upon between the Underwriters and Assured.
9 PROTECTION AND INDEMNITY
9.1 The Underwriters agree to indemnify the Assured for any sum or sums paid by
the Assured to any other person or persons by reason of the Assured becoming
legally liable, as owner of the Vessel, for any claim, demand, damages and/or
expenses, where such liability is in consequence of any of the following matters
or things and arises from an accident or occurrence during the period of this
insurance:
9.1.1 loss of or damage to any fixed or movable object or property or other
thing or interest whatsoever, other than the Vessel, arising from any
cause whatsoever in so far as such loss or damage is not covered by
Clause 7
9.1.2 any attempted or actual raising, removal or destruction of any fixed or
movable object or property or other thing, including the wreck of the
Vessel, or any neglect or failure to raise, remove, or destroy the same
9.1.3 liability assumed by the Assured under contracts of customary towage
for the purpose of entering or leaving port or manoeuvring within the
port during the ordinary course of trading
9.1.4 loss of life, personal injury, illness or payments made for life salvage
9.1.5 liability under Clause 1(a) of the current Lloyd’s Standard Form of
Salvage Agreement in respect of unsuccessful, partially successful, or
uncompleted services if and to the extent that the salvor’s expenses plus
the increment exceed any amount otherwise recoverable under the
Agreement.
9.2 The Underwriters agree to indemnify the Assured for any of the following
arising from an accident or occurrence during the period of this insurance:
9.2.1 the additional cost of fuel, insurance, wages, stores, provisions and port
charges reasonably incurred solely for the purpose of landing from the
Vessel sick or injured persons or stowaways, refugees, or persons saved at
sea
9.2.2 additional expenses brought about by the outbreak of infectious disease on
board the Vessel or ashore
9.2.3 fines imposed on the Vessel, on the Assured, or on any Master Officer
crew member or agent of the Vessel who is reimbursed by the Assured, for
any act or neglect or breach of any statute or regulation relating to the
operation of the Vessel, provided that the Underwriters shall not be liable
to indemnify the Assured for any fines which result from any act neglect
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failure or default of the Assured their agents or servants other than Master
Officer or crew member
9.2.4 the expenses of the removal of the wreck of the Vessel from any place
owned, leased or occupied by the Assured
9.2.5 legal costs incurred by the Assured, or which the Assured may be
compelled to pay, in avoiding, minimising or contesting liability with the
prior written consent of the Underwriters.
EXCLUSIONS
9.3 Notwithstanding the provisions of Clauses 9.1 and 9.2 this Clause 9 does not
cover any liability cost or expense arising in respect of:
9.3.1 any direct or indirect payment by the Assured under workmen’s
compensation or employers’ liability act and any other statutory or
common law, general maritime law or other liability whatsoever in
respect of accidents to or illness of workmen or any other persons
employed in any capacity whatsoever by the Assured or others in on or
about or in connection with the Vessel or her cargo, materials or repairs
9.3.2 liability assumed by the Assured under agreement expressed or implied
in respect of death or illness of or injury to any person employed under a
contract of service or apprenticeship by the other party to such
agreement
9.3.3 punitive or exemplary damages, however described
9.3.4 cargo or other property carried, to be carried or which has been carried
on board the Vessel but this Clause 9.3.4 shall not exclude any claim in
respect of the extra cost of removing cargo from the wreck of the Vessel
9.3.5 property, owned by builders or repairers or for which they are
responsible, which is on board the Vessel
9.3.6 liability arising under a contract or indemnity in respect of containers,
equipment, fuel or other property on board the Vessel and which is
owned or leased by the Assured
9.3.7 cash, negotiable instruments, precious metals or stones, valuables or
objects of a rare or precious nature, belonging to persons on board the
Vessel, or non-essential personal effects of any Master, Officer or crew
member
9.3.8 fuel, insurance, wages, stores, provisions and port charges arising from
delay to the Vessel while awaiting a substitute for any Master, Officer or
crew member
9.3.9 fines or penalties arising from overloading or illegal fishing
9.3.10 pollution or contamination of any real or personal property or thing
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whatsoever (This Clause 9.3.10 shall not exclude any amount
recoverable under Clause 9.1.5)
9.3.11 general average, sue and labour and salvage charges, salvage, and/or
collision liability to any extent that they are not recoverable under
Clauses 7, 11 and 13 by reason of the agreed value and/or the amount
insured in respect of the Vessel being inadequate.
9.4 The indemnity provided by this Clause 9 shall be in addition to the indemnity
provided by the other terms and conditions of this insurance.
9.5 Where the Assured or the Underwriters may or could have limited their liability
the indemnity under this Clause 9 in respect of such liability shall not exceed
Underwriters’ proportionate part of the amount of such limitation.
9.6 In no case shall the Underwriters’ liability under this Clause 9 in respect of each
separate accident or occurrence or series of accidents arising out of the same
event, exceed their proportionate part of the insured value of the Vessel.
9.7 PROVIDED ALWAYS THAT
9.7.1 prompt notice must be given to the Underwriters of every casualty event
or claim upon the Assured which may give rise to a claim under this
Clause 9 and of every event or matter which may cause the Assured to
incur liability costs or expense for which he may be insured under this
Clause 9.
9.7.2 the Assured shall not admit liability for or settle any claim for which he
may be insured under this Clause 9 without the prior written consent of the
Underwriters.
10 NOTICE OF CLAIM AND TENDERS
10.1In the event of accident whereby loss or damage may result in a claim under this
insurance, notice shall be given to the Underwriters prior to survey and also, if
the Vessel is abroad, to the nearest Lloyd’s Agent so that a surveyor may be
appointed to represent the Underwriters should they so desire.
10.2The Underwriters shall be entitled to decide the port to which the Vessel shall
proceed for docking or repair (the actual additional expense of the voyage
arising from compliance with the Underwriters’ requirements being refunded to
the Assured) and shall have a right of veto concerning a place of repair or a
repairing firm.
10.3The Underwriters may also take tenders or may require further tenders to be
taken for the repair of the Vessel. Where such a tender has been taken and a
tender is accepted with the approval of the Underwriters, an allowance shall be
made at the rate of 30% per annum on the insured value for time lost between
the despatch of the invitations to tender required by Underwriters and the
acceptance of a tender to the extent that such time is lost solely as the result of
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tenders having been taken and provided that the tender is accepted without
delay after receipt of the Underwriters’ approval.
Due credit shall be given against the allowance as above for any amounts
recovered in respect of fuel and stores and wages and maintenance of the Master
Officers and Crew or any member thereof, including amounts allowed in
general average, and for any amounts recovered from third parties in respect of
damages for detention and/or loss of profit and/or running expenses, for the
period covered by the tender allowance or any part thereof.
Where a part of the cost of the repair of damage other than a fixed deductible is
not recoverable from the Underwriters the allowance shall be reduced by a
similar proportion.
10.4In the event of failure to comply with the conditions of this Clause 10, a
deduction of 15% shall be made from the amount of the ascertained claim.
11 GENERAL AVERAGE AND SALVAGE
11.1This insurance covers the Vessel’s proportion of salvage, salvage charges and/or
general average, reduced in respect of any under-insurance, but in case of
general average sacrifice of the Vessel the Assured may recover in respect of
the whole loss without first enforcing their right of contribution from other
parties.
11.2Adjustment to be according to the law and practice obtaining at the place where
the adventure ends, as if the contract of affreightment contained no special
terms upon the subject; but where the contract of affreightment so provides the
adjustment shall be according to the York-Antwerp Rules.
11.3No claim under this Clause 11 shall in any case be allowed where the loss was
not incurred to avoid or in connection with the avoidance of a peril insured
against.
12 DEDUCTIBLE
12.1No claim arising from a peril insured against shall be payable under this
insurance unless the aggregate of all such claims arising out of each separate
accident or occurrence (including claims under Clause 7, 9, 11 and 13)
exceed ……………………………………….. in which case this sum shall be
deducted. Nevertheless the expense of sighting the bottom after stranding, if
reasonably incurred specially for that purpose, shall be paid even if no damage
be found. This Clause 12.1 shall not apply to a claim for total or constructive
total loss of the Vessel or, in the event of such a claim, to any associated claim
under Clause 13 arising from the same accident or occurrence.
12.2Excluding any interest comprised therein, recoveries against any claim which is
subject to the above deductible shall be credited to the Underwriters in full to
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the extent of the sum by which the aggregate of the claim unreduced by any
recoveries exceeds the above deductible.
12.3Interest comprised in recoveries shall be apportioned between the Assured and
the Underwriters, taking into account the sums paid by the Underwriters and the
dates when such payments were made, notwithstanding that by the addition of
interest the Underwriters may receive a larger sum than they have paid.
13 DUTY OF ASSURED (SUE AND LABOUR)
13.1In case of any loss or misfortune it is the duty of the Assured and their servants
and agents to take such measures as may be reasonable for the purpose of
averting or minimising a loss which would be recoverable under this insurance.
13.2Subject to the provisions below and to Clause 12 the Underwriters will contribute
to charges properly and reasonably incurred by the Assured their servants or
agents for such measures. General average, salvage charges (except as
provided for in Clause 13.5) collision defence or attack costs and costs incurred
by the Assured in avoiding, minimising or contesting liability covered by
Clause 9 are not recoverable under this Clause 13.
13.3Measures taken by the Assured or the Underwriters with the object of saving,
protecting or recovering the subject-matter insured shall not be considered as a
waiver or acceptance of abandonment or otherwise prejudice the rights of either
party.
13.4When expenses are incurred pursuant to this Clause 13 the liability under this
insurance shall not exceed the proportion of such expenses that the amount
insured hereunder bears to the value of the Vessel as stated herein, or to the
sound value of the Vessel at the time of the occurrence giving rise to the
expenditure if the sound value exceeds that value. Where the Underwriters
have admitted a claim for total loss and property insured by this insurance is
saved, the foregoing provisions shall not apply unless the expenses of suing and
labouring exceed the value of such property saved and then shall apply only to
the amount of the expenses which is in excess of such value.
13.5When a claim for total loss of the Vessel is admitted under this insurance and
expenses have been reasonably incurred in saving or attempting to save the
Vessel and other property and there are no proceeds, or the expenses exceed the
proceeds, then this insurance shall bear its pro rata share of such proportion of
the expenses, or of the expenses in excess of the proceeds, as the case may be,
as may reasonably be regarded as having been incurred in respect of the Vessel;
but if the Vessel be insured for less than its sound value at the time of the
occurrence giving rise to the expenditure, the amount recoverable under this
clause shall be reduced in proportion to the under-insurance.
13.6The sum recoverable under this Clause 13 shall be in addition to the loss
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otherwise recoverable under this insurance but shall in no circumstances exceed
the amount insured under this insurance in respect of the Vessel.
14 NEW FOR OLD
Claims payable without deduction new for old.
15 BOTTOM TREATMENT
In no case shall a claim be allowed in respect of scraping gritblasting and/or other
surface preparation or painting of the Vessel’s bottom except that
15.1 gritblasting and/or other surface preparation of new bottom plates ashore and
supplying and applying any “shop” primer thereto,
15.2 gritblasting and/or other surface preparation of:
the butts or area of plating immediately adjacent to any renewed or refitted
plating damaged during the course of welding and/or repairs,
areas of plating damaged during the course of fairing, either in place or
ashore,
15.3 supplying and applying the first coat of primer/anti-corrosive to those
particular areas mentioned in 15.1 and 15.2 above, shall be allowed as part of
the reasonable cost of repairs in respect of bottom plating damaged by an
insured peril.
16 WAGES AND MAINTENANCE
No claim shall be allowed, other than in general average, for wages and
maintenance of the Master, Officers and Crew, or any member thereof, except when
incurred solely for the necessary removal of the Vessel, with the agreement of the
Underwriters, from one port to another for the repair of damage covered by the
Underwriters, or for trial trips for such repairs, and then only for such wages and
maintenance as are incurred whilst the Vessel is under way.
17 AGENCY COMMISSION
In no case shall any sum be allowed under this insurance either by way of
remuneration of the Assured for time and trouble taken to obtain and supply
information or documents or in respect of the commission or charges of any
manager, agent, managing or agency company or the like, appointed by or on behalf
of the Assured to perform such services.
18 UNREPAIRED DAMAGE
18.1 The measure of indemnity in respect of claims for unrepaired damage shall be
the reasonable depreciation in the market value of the Vessel at the time this
insurance terminates arising from such unrepaired damage, but not exceeding
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the reasonable cost of repairs.
18.2 In no case shall the Underwriters be liable for unrepaired damage in the event
of a subsequent total loss (whether or not covered under this insurance)
sustained during the period covered by this insurance or any extension thereof.
18.3 The Underwriters shall not be liable in respect of unrepaired damage for more
than the insured value at the time this insurance terminates.
19 CONSTRUCTIVE TOTAL LOSS
19.1 In ascertaining whether the Vessel is a constructive total loss, the insured
value shall be taken as the repaired value and nothing in respect of the
damaged or break-up value of the Vessel or wreck shall be taken into account.
19.2 No claim for constructive total loss based upon the cost of recovery and/or
repair of the Vessel shall be recoverable hereunder unless such cost would
exceed the insured value. In making this determination only the cost relating
to a single accident or sequence of damages arising from the same accident
shall be taken into account.
20 DISBURSEMENTS WARRANTY
20.1 Additional insurances as follows are permitted:
20.1.1 Disbursements, Managers’ Commissions, Profits or Excess or
Increased Value of Hull and Machinery. A sum not exceeding 25%
of the value stated herein.
20.1.2 Earnings or Anticipated Freight, insured for time. A sum not
exceeding 25% of the value as stated herein less any sum insured,
however described, under 20.1.1.
20.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the
gross freight or hire for the first passage and next succeeding cargo
passage plus the charges of insurance. In the case of a voyage charter
where payment is made on a time basis, the sum permitted for
insurance shall be calculated on the estimated duration of the voyage,
subject to the limitation of two cargo passages as laid down herein.
Any sum insured under 20.1.2 to be taken into account and only the
excess thereof may be insured.
20.1.4 Time Charter Hire or Charter Hire for Series of Voyages. A sum not
exceeding 50% of the gross hire which is to be earned under the
charter in a period not exceeding 18 months. Any sum insured under
20.1.2 to be taken into account and only the excess thereof may be
insured. An insurance under this Section may begin on the signing of
the charter.
20.1.5 Premiums. A sum not exceeding the actual premiums of all interests
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insured for a period not exceeding 12 months (excluding premiums
insured under the foregoing sections but including, if required, the
premium or estimated calls on any Club or War etc. Risk insurance)
reducing pro rata monthly.
20.1.6 Returns of Premium. A sum not exceeding the actual returns which
are allowable under any insurance but which would not be recoverable
thereunder in the event of a total loss of the Vessel whether by insured
perils or otherwise.
20.1.7 Insurance irrespective of amount against:
Any risks excluded by Clauses 5, 22, 23, 24 and 25.
20.2 Warranted that no insurance on any interests enumerated in the foregoing 20.1.1
to 20.1.6 in excess of the amounts permitted therein and no other insurance
which includes total loss of the Vessel P.P.I., F.I.A., or subject to any other like
term, is or shall be effected to operate during the currency of this insurance by
or for account of the Assured, Owners, Managers or Mortgagees. Provided
always that a breach of this warranty shall not afford the Underwriters any
defence to a claim by a Mortgagee who has accepted this insurance without
knowledge of such breach.
21 RETURNS FOR CANCELLATION
To return pro rata monthly net for each uncommenced month if this insurance be
cancelled either by agreement or by the operation of Clause 2 provided that a total
loss of the Vessel, whether by insured perils or otherwise, has not occurred during
the period of this insurance or any extension thereof.
The following clauses shall be paramount and shall override anything contained in
this insurance inconsistent therewith.
不保事項
22 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
22.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
22.2 capture seizure arrest restraint or detainment (barratry and piracy excepted),
and the consequences thereof or any attempt thereat
22.3 derelict mines torpedoes bombs or other derelict weapons of war.
23 STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
23.1 strikers, locked-out workmen, or persons taking part in labour disturbances,
riots or civil commotions
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23.2 any terrorist or any person acting from a political motive.
24 MALICIOUS ACTS EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from
24.1 the detonation of an explosive
24.2 any weapon of war and caused by any person acting maliciously or from a
political motive.
25 NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from any
weapon of war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE TIME CLAUSES HULLS PORT RISKS
including LIMITED NAVIGATION
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276092 號函備查
承保範圍
1 NAVIGATION
1.1 The Vessel has leave to proceed to and from any wet or dry docks
harbours ways cradles and pontoons, within the limits specified in
this insurance.
1.2 The Vessel is held covered in case of deviation or change of voyage,
provided notice be given immediately after receipt of advices and
any amended terms of cover and any additional premium required
be agreed.
2 CONTINUATION
Should the Vessel at the expiration of insurance be at sea and in distress or
missing, she shall, provided notice be given to the Underwriters, be held
covered at a pro rata monthly premium to her port of destination.
3 TERMINATION
This Clause 3 shall prevail notwithstanding any provision whether
written typed or printed in this insurance inconsistent therewith.
Unless Underwriters agree to the contrary in writing, this insurance shall terminate
automatically at the time of
3.1 change of the Classification Society of the Vessel, or change, suspension,
discontinuance, withdrawal or expiry of her Class therein, provided that if the
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Vessel is at sea such termination shall be deferred until arrival at her next port.
However where such change, suspension, discontinuance or withdrawal of her
Class has resulted from loss or damage covered by Clause 5 of this insurance
or which would be covered by an insurance of the Vessel subject to
current Institute War and Strikes Clauses Hulls-Time such automatic
termination shall only operate should the Vessel sail from her next port
without the prior approval of the Classification society,
3.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new
management, or charter on a bareboat basis, or requisition for title or use of
the Vessel. However, in the event of requisition for title or use without the
prior execution of a written agreement by the Assured, such automatic
termination shall occur fifteen days after such requisition whether the Vessel
is in port or at sea.
4 ASSIGNMENT
No assignment of or interest in this insurance or in any moneys
which may be or become payable thereunder is to be binding on or
recognised by the Underwriters unless a dated notice of such
assignment or interest signed by the Assured, and by the assignor in
the case of subsequent assignment, is endorsed on the Policy and the
Policy with such endorsement is produced before payment of any claim
or return of premium thereunder.
5 PERILS
5.1 This insurance covers loss of or damage to the subject-matter insured caused
by
5.1.1 perils of the seas rivers lakes, or other navigable waters
5.1.2 fire lightning explosion
5.1.3 violent theft by persons from outside the Vessel
5.1.4 jettison
5.1.5 piracy
5.1.6 breakdown of or accident to nuclear installations or reactors
5.1.7 contact with aircraft or similar objects, or objects falling therefrom,
land conveyance, dock or harbour equipment or installation.
5.2 This insurance covers loss of or damage to the subject-matter insured caused
by
5.2.1 accidents in loading discharging or shifting cargo or fuel
5.2.2 bursting of boilers breakage of shafts or any latent defect in the
machinery or hull
5.2.3 negligence of Master Officers Crew or Pilots
5.2.4 negligence of repairers or charterers provided such repairers or
charterers are not an Assured hereunder
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5.2.5 barratry of Master Officers or Crew, provided such loss or damage has
not resulted from want of due diligence by the Assured, Owners or
Managers.
5.3 Master Officers Crew or Pilots not to be considered Owners within the
meaning of this Clause 5 should they hold shares in the Vessel.
6 EARTHQUAKE AND VOLCANIC ERUPTION EXCLUSION
In no case shall this insurance cover loss damage liability or expense
caused by earthquake or volcanic eruption. This exclusion applies to all
claims including claims under Clauses 8, 10, 12 and 14.
7 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel caused by any
governmental authority acting under the powers vested in it to prevent
or mitigate a pollution hazard, or threat thereof, resulting directly from
damage to the Vessel for which the Underwriters are liable under this
insurance, provided such act of governmental authority has not
resulted from want of due diligence by the Assured, the Owners, or
Managers of the Vessel or any of them to prevent or mitigate such hazard
or threat. Master, Officers, Crew or Pilots not to be considered Owners
within the meaning of this Clause 7 should they hold shares in the Vessel.
8 COLLISION LIABILITY
8.1 The Underwriters agree to indemnify the Assured for any sum or sums paid by
the Assured to any other person or persons by reason of the Assured becoming
legally liable by way of damages for
8.1.1 loss of or damage to any other vessel or property on any other vessel
8.1.2 delay to or loss of use of any such other vessel or property thereon
8.1.3 general average of, salvage of, or salvage under contract of, any such
other vessel or property thereon, where such payment by the Assured is
in consequence of the Vessel hereby insured coming into collision with
any other vessel.
8.2 The indemnity provided by this Clause 8 shall be in addition to the indemnity
provided by the other terms and conditions of this insurance and shall be subject
to the following provisions:
8.2.1 Where the insured Vessel is in collision with another vessel and both
vessels are to blame then, unless the liability of one or both vessels
becomes limited by law, the indemnity under this Clause 8 shall be
calculated on the principle of cross-liabilities as if the respective
Owners had been compelled to pay to each other such proportion of
each other's damages as may have been properly allowed in ascertaining
the balance or sum payable by or to the Assured in consequence of the
collision.
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8.2.2 In no case shall the Underwriters’ total liability under Clauses 8.1 and
8.2 exceed their proportionate part of the insured value of the Vessel
hereby insured in respect of any one such collision.
8.3 The Underwriters will also pay the legal costs incurred by the Assured or which
the Assured may be compelled to pay in contesting liability or taking
proceedings to limit liability, with the prior written consent of the Underwriters.
EXCLUSIONS
8.4 Provided always that this Clause 8 shall in no case extend to any sum which the
Assured shall pay for or in respect of
8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing
whatsoever
8.4.2 any real or personal property or thing whatsoever except other vessels or
property on other vessels
8.4.3 the cargo or other property on, or the engagements of, the insured Vessel
8.4.4 loss of life, personal injury or illness
8.4.5 pollution or contamination of any real or personal property or thing
whatsoever (except other vessels with which the insured Vessel is in
collision or property on such other vessels).
9 SISTERSHIP
Should the Vessel hereby insured come into collision with or receive
salvage services from another vessel belonging wholly or in part to the
same Owners or under the same management, the Assured shall have
the same rights under this insurance as they would have were the other
vessel entirely the property of Owners not interested in the Vessel hereby
insured; but in such cases the liability for the collision or the amount
payable for the services rendered shall be referred to a sole arbitrator to be
agreed upon between the Underwriters and the Assured.
10 PROTECTION AND INDEMNITY
10.1 The Underwriters agree to indemnify the Assured for any sum or sums paid
by the Assured to any other person or persons by reason of the Assured
becoming legally liable, as owner of the Vessel, for any claim, demand,
damages and/or expenses, where such liability is in consequence of any of the
following matters or things and arises from an accident or occurrence during
the period of this insurance:
10.1.1 loss of or damage to any fixed or movable object or property or other
thing or interest whatsoever, other than the Vessel, arising from any
cause whatsoever in so far as such loss or damage is not covered by
Clause 8
10.1.2 any attempted or actual raising, removal or destruction of any fixed or
movable object or property or other thing, including the wreck of the
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Vessel, or any neglect or failure to raise, remove, or destroy the same
10.1.3 liability assumed by the Assured under contracts of customary
towage for the purpose of entering or leaving port or manoeuvring
within the port during the ordinary course of trading
10.1.4 loss of life, personal injury, illness or payments made for life salvage
10.1.5 liability under Clause 1(a) of the current Lloyd's Standard Form of
Salvage Agreement in respect of unsuccessful, partially successful, or
uncompleted services if and to the extent that the salvor's expenses
plus the increment exceed any amount otherwise recoverable under the
Agreement.
10.2 The Underwriters agree to indemnify the Assured for any of the following
arising from an accident or occurrence during the period of this insurance:
10.2.1 the additional cost of fuel, insurance, wages, stores, provisions and
port charges reasonably incurred solely for the purpose of landing
from the Vessel sick or injured persons or stowaways, refugees, or
persons saved at sea
10.2.2 additional expenses brought about by the outbreak of infectious
disease on board the Vessel or ashore
10.2.3 fines imposed on the Vessel, on the Assured, or on
any Master Officer crew member or agent of the Vessel
who is reimbursed by the Assured, for any act or neglect or breach of
any statute or regulation relating to the operation of the Vessel,
provided that the Underwriters shall not be liable to indemnify the
Assured for any fines which result from any act neglect failure or
default of the Assured their agents or servants other than Master
Officer or crew member
10.2.4 the expenses of the removal of the wreck of the Vessel from any place
owned, leased or occupied by the Assured
10.2.5 legal costs incurred by the Assured, or which the Assured may be
compelled to pay, in avoiding, minimising or contesting liability with
the prior written consent of the Underwriters.
EXCLUSIONS
10.3 Notwithstanding the provisions of Clauses 10.1 and 10.2 this Clause 10 does
not cover any liability cost or expense arising in respect of:
10.3.1 any direct or indirect payment by the Assured under workmen's
compensation or employers' liability acts and any other statutory or
common law, general maritime law or other liability whatsoever in
respect of accidents to or illness of workmen or any other persons
employed in any capacity whatsoever by the Assured or others in on or
about or in connection with the Vessel or her cargo, materials or repairs
10.3.2 liability assumed by the Assured under agreement expressed or implied
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in respect of death or illness of or injury to any person employed under a
contract of service or apprenticeship by the other party to such
agreement
10.3.3 punitive or exemplary damages, however described
10.3.4 cargo or other property carried, to be carried or which has been carried
on board the Vessel but this Clause 10.3.4 shall not exclude any claim in
respect of the extra cost of removing cargo from the wreck of the Vessel
10.3.5 property, owned by builders or repairers or for which they are
responsible, which is on board the Vessel
10.3.6 liability arising under a contract or indemnity in respect of containers,
equipment, fuel or other property on board the Vessel and which is
owned or leased by the Assured
10.3.7 cash, negotiable instruments, precious metals or stones, valuables or
objects of a rare or precious nature, belonging to persons on board the
Vessel, or non-essential personal effects of any Master, Officer or crew
member
10.3.8 fuel, insurance, wages, stores, provisions and port charges arising from
delay to the Vessel while awaiting a substitute for any Master, Officer or
crew member
10.3.9 fines or penalties arising from overloading or illegal fishing
10.3.10 pollution or contamination of any real or personal property or thing
whatsoever (This Clause 10.3.10 shall not exclude any amount
recoverable under Clause 10.1.5)
10.3.11 general average, sue and labour and salvage charges, salvage, and/or
collision liability to any extent that they are not recoverable under
Clauses 7, 11 and 13 by reason of the agreed value and/or the amount
insured in respect of the Vessel being inadequate.
10.4 The indemnity provided by this Clause 9 shall be in addition to the indemnity
provided by the other terms and conditions of this insurance.
10.5 Where the Assured or the Underwriters may or could have limited their
liability the indemnity under this Clause 10 in respect of such liability shall
not exceed Underwriters' proportionate part of the amount of such limitation.
10.6 In no case shall the Underwriters' liability under this Clause 10 in respect of
each separate accident or occurrence or series of accidents arising out of the
same event, exceed their proportionate part of the insured value of the Vessel.
10.7 PROVIDED ALWAYS THAT
10.7.1 prompt notice must be given to the Underwriters of every casualty
event or claim upon the Assured which may give rise to a claim under
this Clause 10 and of every event or matter which may cause the
Assured to incur liability costs or expense for which he may be insured
under this Clause 10.
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10.7.2 the Assured shall not admit liability for or settle any claim for which
he may be insured under this Clause 10 without the prior written
consent of the Underwriters.
11 NOTICE OF CLAIM AND TENDERS
11.1 In the event of accident whereby loss or damage may result
in a claim under this insurance, notice shall be given to
the Underwriters prior to survey and also, if the Vessel is abroad, to the
nearest Lloyd's Agent so that a surveyor may be appointed to represent the
Underwriters should they so desire.
11.2 The Underwriters shall be entitled to decide the port to which the Vessel
shall proceed for docking or repair (the actual additional expense of the
voyage arising from compliance with the Underwriters' requirements being
refunded to the Assured) and shall have a right of veto concerning a place
of repair or a repairing firm.
11.3 The Underwriters may also take tenders or may require further tenders to
be taken for the repair of the Vessel. Where such a tender has been taken
and a tender is accepted with the approval of the Underwriters, an allowance
shall be made at the rate of 30% per annum on the insured value for time
lost between the despatch of the invitations to tender required by
Underwriters and the acceptance of a tender to the extent that such time is
lost solely as the result of tenders having been taken and provided that the
tender is accepted without delay after receipt of the Underwriters' approval.
Due credit shall be given against the allowance as above for any amounts
recovered in respect of fuel and stores and wages and maintenance of the
Master Officers and Crew or any member thereof, including amounts
allowed in general average, and for any amounts recovered from third parties
in respect of damages for detention and/or loss of profit and/or running
expenses, for the period covered by the tender allowance or any part thereof.
Where a part of the cost of the repair of damage other than a fixed
deductible is not recoverable from the Underwriters the allowance shall
be reduced by a similar proportion.
11.4 In the event of failure to comply with the conditions of this Clause 11, a
deduction of 15% shall be made from the amount of the ascertained claim.
12 GENERAL AVERAGE AND SALVAGE
12.1 This insurance covers the Vessel's proportion of salvage, salvage charges
and/or general average, reduced in respect of any under-insurance, but in
case of general average sacrifice of the Vessel the Assured may recover in
respect of the whole loss without first enforcing their right of contribution
from other parties.
12.2 Adjustment to be according to the law and practice obtaining at the place
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where the adventure ends, as if the contract of affreightment contained no
special terms upon the subject; but where the contract of affreightment so
provides the adjustment shall be according to the York-Antwerp Rules.
12.3 When the vessel sails in ballast, not under charter, the provisions of the
York-Antwerp Rules, 1974 (excluding Rules XX and XXI) shall be
applicable, and the voyage for this purpose shall be deemed to continue
from the port or place of departure until the arrival of the Vessel at the first
port or place thereafter other than a port or place of refuge or a port or
place of call for bunkering only. If at any such intermediate port or place
there is an abandonment of the adventure originally contemplated the
voyage shall thereupon be deemed to be terminated.
12.4 No claim under this Clause 12 shall in any case be allowed where the loss
was not incurred to avoid or in connection with the avoidance of a peril
insured against.
13 DEDUCTIBLE
13.1 No claim arising from a peril insured against shall be payable under this
insurance unless the aggregate of all such claims arising out of each
separate accident or occurrence (including claims under Clauses 8, 10, 12
and 14) exceeds in which case this sum shall be deducted. Nevertheless the
expense of sighting the bottom after stranding, if reasonably incurred
specially for that purpose, shall be paid even if no damage be found.
This Clause 13.1 shall not apply to a claim for total or constructive
total loss of the Vessel or, in the event of such a claim, to any associated
claim under Clause 14 arising from the same accident or occurrence.
13.2 Excluding any interest comprised therein, recoveries against any claim
which is subject to the above deductible shall be credited to the
Underwriters in full to the extent of the sum by which the aggregate of the
claim unreduced by any recoveries exceeds the above deductible.
13.3 Interest comprised in recoveries shall be apportioned between the Assured
and the Underwriters, taking into account the sums paid by the
Underwriters and the dates when such payments were made,
notwithstanding that by the addition of interest the Underwriters may
receive a larger sum than they have paid.
Continued …
14 DUTY OF ASSURED (SUE AND LABOUR)
14.1 In case of any loss or misfortune it is the duty of the Assured and their
servants and agents to take such measures as may be reasonable for the
purpose of averting or minimising a loss which would be recoverable under
this insurance.
14.2 Subject to the provisions below and to Clause 13 the Underwriters will
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contribute to charges properly and reasonably incurred by the Assured their
servants or agents for such measures. General average, salvage charges
(except as provided for in Clause 14.5) collision defence or attack costs and
costs incurred by the Assured in avoiding, minimising or contesting liability
covered by Clause 10 are not recoverable under this Clause 14.
14.3 Measures taken by the Assured or the Underwriters with the object of saving,
protecting or recovering the subject-matter insured shall not be considered as a
waiver or acceptance of abandonment or otherwise prejudice the rights of
either party.
14.4 When expenses are incurred pursuant to this Clause 14 the liability under this
insurance shall not exceed the proportion of such expenses that the amount
insured hereunder bears to the value of the Vessel as stated herein, or to the
sound value of the Vessel at the time of the occurrence giving rise to the
expenditure if the sound value exceeds that value. Where the Underwriters
have admitted a claim for total loss and property insured by this insurance is
saved, the foregoing provisions shall not apply unless the expenses of suing
and labouring exceed the value of such property saved and then shall apply
only to the amount of the expenses which is in excess of such value.
14.5 When a claim for total loss of the Vessel is admitted under this insurance and
expenses have been reasonably incurred in saving or attempting to save the
Vessel and other property and there are no proceeds, or the expenses exceed
the proceeds, then this insurance shall bear its pro rata share of such
proportion of the expenses, or of the expenses in excess of the proceeds, as the
case may be, as may reasonably be regarded as having been incurred in
respect of the Vessel; but if the Vessel be insured for less than its sound value
at the time of the occurrence giving rise to the expenditure, the amount
recoverable under this clause shall be reduced in proportion to the
under-insurance.
14.6 The sum recoverable under this Clause 14 shall be in addition to the loss
otherwise recoverable under this insurance but shall in no circumstances
exceed the amount insured under this insurance in respect of the Vessel.
15 NEW FOR OLD
Claims payable without deduction new for old.
16 BOTTOM TREATMENT
In no case shall a claim be allowed in respect of scraping gritblasting
and/or other surface preparation or painting of the Vessel's bottom except
that
16.1 gritblasting and/or other surface preparation of new bottom plates ashore and
supplying and applying any "shop" primer thereto,
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16.2 gritblasting and/or other surface preparation of:the butts or area of plating
immediately adjacent to any renewed or refitted plating damaged during the
course of welding and/or repairs, areas of plating damaged during the course
of fairing, either in place or ashore,
16.3 supplying and applying the first coat of primer/anti-corrosive to those
particular areas mentioned in 16.1 and 16.2 above, shall be allowed as part of
the reasonable cost of repairs in respect of bottom plating damaged by an
insured peril.
17 WAGES AND MAINTENANCE
No claim shall be allowed, other than in general average, for wages and
maintenance of the Master, Officers and Crew, or any member thereof,
except when incurred solely for the necessary removal of the Vessel,
with the agreement of the Underwriters, from one port to another for the
repair of damage covered by the Underwriters, or for trial trips for such
repairs, and then only for such wages and maintenance as are incurred whilst
the, Vessel is under way.
18 AGENCY COMMISSION
In no case shall any sum be allowed under this insurance either by way of
remuneration of the Assured for time and trouble taken to obtain and
supply information or documents or in respect of the commission or
charges of any manager, agent, managing or agency company or the like,
appointed by or on behalf of the Assured to perform such services.
19 UNREPAIRED DAMAGE
19.1 The measure of indemnity in respect of claims for unrepaired damage shall
be the reasonable depreciation in the market value of the Vessel at the time
this insurance terminates arising from such unrepaired damage, but not
exceeding the reasonable cost of repairs.
19.2 In no case shall the Underwriters be liable for unrepaired damage in the
event of a subsequent total loss (whether or not covered under this insurance)
sustained during the period covered by this insurance or any extension
thereof.
19.3 The Underwriters shall not be liable in respect of unrepaired damage for
more than the insured value at the time this insurance terminates.
20 CONSTRUCTIVE TOTAL LOSS
20.1 In ascertaining whether the Vessel is a constructive total loss, the insured
value shall be taken as the repaired value and nothing in respect of the
damaged or break-up value of the Vessel or wreck shall be taken into
account.
200
20.2 No claim for constructive total loss based upon the cost of recovery and/or
repair of the Vessel shall be recoverable hereunder unless such cost would
exceed the insured value. In making this determination only the cost
relating to a single accident or sequence of damages arising from the
same accident shall be taken into account.
21 FREIGHT WAIVER
In the event of total or constructive total loss no claim to be made by the
Underwriters for freight whether notice of abandonment has been given or not.
22 DISBURSEMENTS WARRANTY
22.1 Additional insurances as follows are permitted:
22.1.1 Disbursements, Managers' Commissions, Profits or Excess or
Increased Value of Hull and Machinery. A sum not exceeding 25% of
the value stated herein.
22.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A
sum not exceeding 25% of the value as stated herein less any sum
insured, however described, under 22.1.1.
22.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding
the gross freight or hire for the first passage and next succeeding
cargo passage plus the charges of insurance. In the case of a voyage
charter where payment is made on a time basis, the sum permitted for
insurance shall be calculated on the estimated duration of the voyage,
subject to the limitation of two cargo passages as laid down herein.
Any sum insured under
22.1.2 to be taken into account and only the excess thereof may be insured,
which excess shall be reduced as the freight or hire is advanced or
earned by the gross amount so advanced or earned.
22.1.4 Anticipated Freight if the vessel sails in ballast and not under Charter.
A sum not exceeding the anticipated gross freight on next cargo
passage, such sum to be reasonably estimated on the basis of the
current rate of freight at time of insurance plus the charges or
insurance. Any sum insured under 22.1.2 to be taken into account
and only the excess thereof may be insured.
22.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not
exceeding 50% of the gross hire which is to be earned under the
charter in a period not exceeding 18 months. Any sum insured under
22.1.2 to be taken into account and only the excess thereof may be
insured, which excess shall be reduced as the hire is advanced or
earned under the charter by 50% of the gross amount so advanced or
earned but the sum insured need not be reduced while the total of the
sums insured under 22.1.1 and 22.1.5 does not exceed 50% of the
201
gross hire shall to be earned under the charter. An insurance under
this Section may begin on the signing of the charter.
22.1.6 Premiums. A sum not exceeding the actual premiums
of all interests insured for a period not exceeding 12
months (excluding premiums insured under the foregoing sections
but including, if required, the premium or estimated calls on any
Club or War etc. Risk insurance) reducing pro rata monthly.
22.1.7 Returns of Premium. A sum not exceeding the actual returns which
are allowable under any insurance but which would not be
recoverable thereunder in the event of a total loss of the Vessel
whether by insured perils or otherwise.
22.1.8 Insurance irrespective of amount against:Any risks excluded by
Clauses 6, 24, 25, 26 and 27.
22.2 Warranted that no insurance on any interests enumerated in the
foregoing 22.1.1 to 22.1.7 in excess of the amounts permitted therein
and no other insurance which includes total loss of the Vessel P.P.I., F.I.A.,
or subject to any other like term, is or shall be effected to operate during
the currency of this insurance by or for account of the Assured, Owners,
Managers or Mortgagees. Provided always that a breach of this warranty
shall not afford the Underwriters any defence to a claim by a Mortgagee
who has accepted this insurance without knowledge of such breach.
23 RETURNS FOR CANCELLATION
To return pro rata monthly net for each uncommenced month if this
insurance be cancelled either by agreement or by the operation of
Clause 3 provided that a total loss of the Vessel, whether by insured
perils or otherwise, has not occurred during the period of this
insurance or any extension thereof.
The following clauses shall be paramount and shall override anything contained in
this insurance inconsistent therewith.
不保事項
24 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
24.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
24.2 capture seizure arrest restraint or detainment (barratry and piracy
excepted), and the consequences thereof or any attempt thereat
24.3 derelict mines torpedoes bombs or other derelict weapons of war.
25 STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
202
25.1 strikers, locked-out workmen, or persons taking part in labour disturbances,
riots or civil commotions
25.2 any terrorist or any person acting from a political motive.
26 MALICIOUS ACTS EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from
26.1 the detonation of an explosive.
26.2 any weapon of war and caused by any person acting maliciously or from a
political motive.
27 NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense
arising from any weapon of war employing atomic or nuclear fission
and/or fusion or other like reaction or radioactive force or matter.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE TIME CLAUSES-HULLS TOTAL LOSS,
GA AND 3/4 RDC. (INCLUDING SALVAGE,S/C,S/L) 1/10/83
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276093 號函備查
承保範圍
不保事項
同主保險契約
個人保險商品預定費用率 不適用
203
短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE WAR AND STRIKES CLAUSES-HULL -
TIME
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276094 號函備查
承保範圍
1 PERILS
Subject always to the exclusions hereinafter referred to, this insurance covers loss of or
damage to the Vessel caused by
1.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or
any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, and the consequences thereof or any
attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war
1.4 strikers, locked-out workmen, or persons taking part in labour disturbances, riots
or civil commotions
1.5 any terrorist or any person acting maliciously or from a political motive
1.6 confiscation or expropriation.
不保事項
4 EXCLUSIONS
This insurance excludes
4.1 Loss damage liability or expense arising from
4.1.1 any detonation of any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or
matter, hereinafter called a nuclear weapon of war
4.1.2 the outbreak of war (whether there be a declaration of war or not)
between any of the following countries:
United Kingdom, United States of America, France, the Union of
Soviet Socialist Republics, the People’s Republic of China
4.1.3 requisition or pre-emption
4.1.4 capture seizure arrest restraint detainment confiscation or
expropriation by or under the order of the government or any public
or local authority of the country in which the Vessel is owned or
registered
4.1.5 arrest restraint detainment confiscation or expropriation under
quarantine regulations or by reason of infringement of any customs
204
or trading regulations
4.1.6 the operation of ordinary judicial process, failure to provide security
or to pay any fine or penalty or any financial cause
4.1.7 piracy (but this exclusion shall not affect cover under Clause 1.4),
4.2 loss damage liability or expense covered by the Institute Time Clauses-
Hulls 1/10/83 (including 4/4ths Collision Clause) or which would be
recoverable thereunder but for Clause 12 thereof,
4.3 any claim for any sum recoverable under any other insurance on the Vessel
or which would be recoverable under such insurance but for the existence of
this insurance,
4.4 any claim for expenses arising from delay except such expenses as would be
recoverable in principle in English law and practice under the
York-Antwerp Rules 1974. 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:INSTITUTE WARRANTIES
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276095 號函備查
承保範圍
1. Warranted no: -
(a) Atlantic coast of North America, its rivers or adjacent islands,
(i) North of 52°10’N Lat. and West of 50°W. long.;
(ii) South of 52°10’N Lat. in the area bounded by lines drawn between
Battle Harbour / Pistolet Bay; Cape Ray / Cape North; Port Hawkesbury /
Port Mulgrave and Baie Comeau / Matane, between 21st December and
30th
April b.d.i.
(iii) Weat of Baie Comeau / Matane (but not West of Montreal) between 1st
December and 30th
April b.d.i.
(b) Great Lakes or St. Lawrence Seaway West of Montreal.
(c) Greenland Waters.
(d) Pacific Coast of North America its rivers or adjacent islands North of 54°30’N.
Lat. or West of 103°50’W. Long.
2. Warranted no Baltic Sea or adjacent waters East of 15°E. Long.
(a) North of line between Mo (63°24’N. Lat.) and Vasa (63°06’N. Lat.) between
10th
December and 25th
May b.d.i.
(b) East of a line between Viipuri (Vyborg) (28°47’E. Long.) and Narva (28°12’E.
Long.) between 15th
December and 15th
May b.d.i.
(c) North of a line between Stockholm (59°20’N. Lat.) and Tallinn (59°24’N. Lat.)
between 8th
January and 5th
May b.d.i.
(d) East of 22°E. Long. And South of 59°N. Lat. Between 28th
December and 5th
205
May b.d.i.
3. Warranted not North of 70°N. Lat. other than voyage direct to or from any port or
place in Norway or Kola Bay.
4. Warranted no Bering Sea, no East Asian waters North of 46°N. Lat. and not to
enter or sail from any port or place in Siberia except Nakhodka and/or
Vladivostock.
5. Warranted not to proceed to Kerguelen and/or Croset Islands or South of 50°S.
Lat., except to ports and/or places in Patagonia and/or Chile and/or Falkland
Islands, but liberty is given to enter waters South of 50°S. Lat., if enroute to or
from ports and/or places not excluded by this warranty.
6. Warranted not to sail with Indian Coal as cargo: -
(a) between 1st March and 30
th June, both days inclusive.
between 1st July and 30
th September, both days inclusive, except to ports in Asia, not
West of Aden or East of or beyond Singapore.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:LEASED EQUIPMENT CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276096 號函備查
承保範圍
This insurance is extended to cover equipment and apparatus, not owned by the
Assured but installed for use on the insured vessel, and for which the assured has
assumed liability, whether such equipment or apparatus be in the nature of aids to
navigation or communication or otherwise, subject to all other terms and conditions of
this policy; but in no event shall the liability of Company exceed the contractual
liability of the Assured for such equipment or apparatus. All such equipment or
apparatus installed on the vessel but owned by the Assured shall be included in the
agreed valuation of the Hull, etc., unless its function is directly related to the propulsion
of the vessel, in which event such equipment and apparatus shall be included in the
agreed valuation of machinery.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:LONDON BLOCKING AND TRAPPING ADDENDUM
(FOR USE WITH THE INSTITUTE WAR AND STRIKES
CLAUSES – HULLS 1/10/83)
206
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276097 號函備查
承保範圍
It is hereby agreed that the inability of the vessel to sail from any port, canal, waterway
or other place to high seas for a continuous period of 12 months as a result of the
closure of the connecting channel to all vessels of such size or draft is within the term
“RESTRAINT” appearing in Clause 3 of the Institute War and Strikes Clauses – Hulls
1/10/83 provided that such closure has arisen through the blockage of the waterway by
a warlike act of national defense.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:LOSS PAYABLE CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276098 號函備查
承保範圍
By an assignment of the insurances on the motor vessel “ABC” (the “Vessel”)
contained in a General Assignment dated and made between ABC LINES S.A. (the
“Owner”) and XYZ Bank (the “Mortgagee”), the Owner assigned to the Mortgagee this
insurance and the benefits thereof, including all claims of whatsoever nature in respect
of the Vessel, return of premiums, and each and every right hereunder.
It is further noted and agreed:
(a) that in the event of actual or constructive or compromised or arranged total loss
of the Vessel, all proceeds of insurance of whatever amount shall be paid to the
Mortgagee;
(b) that all other losses not exceeding USD5,000,000 shall be paid to the Owner, or
its order (as their respective interests may appear), unless and until the Owner
shall be in default under a first preferred Panamanian ship mortgage of the
Vessel in favour of the Mortgagee and if the Underwriters or Insurers shall have
been so notified by the Mortgagee, then such losses shall be paid to the
Mortgagee;
(c) that all other losses exceeding USD5,000,000 shall be paid to the Mortgagee.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
207
商品名稱:MISSING VESSEL CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276099 號函備查
承保範圍
This insurance is to pay total loss in the event of any of the insured vessels being
missing during the currency of this policy. Any vessel recorded at Lloyd’s as
“Untraced” or posted “Missing” for a continuous period of 6 months should be deemed
to constitute an Actual Total Loss. No claim shall attach under this missing vessel
clause when specific cause of loss of vessel is provided by Underwriters.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:NAVIGATION LIMITATIONS FOR HULL WAR,
STRIKES, TERRORISM AND RELATED PERILS
ENDORSEMENT (JW2005/001A)
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276100 號函備查
承保範圍
1. NAVIGATION PROVISIONS
Unless and to the extent otherwise agreed by the Underwriters in accordance with
Clause 2, the vessel or craft insured hereunder shall not enter sail for or deviate
towards the territorial waters of any of the Countries or places, or any other waters
described in the current List of Areas of Perceived Enhanced Risk (listed areas) as
may be published from time to time in London by the Joint War Committee.
2. BREACH OF NAVIGATION PROVISIONS
(a) If the Insured wishes to secure continuation of coverage under this insurance
for a voyage which would otherwise breach Clause 1, it shall give notice to
Underwriters and shall only undertake such voyage if it agrees with the
Underwriters any amended terms of cover and any additional premium
which may be required by the Underwriters
(b) In the event of any breach of any of the provisions of Clause 1, the
Underwriters shall not be liable for any loss, damage, liability or expense
arising out of or resulting from an accident or occurrence otherwise covered
under this insurance during the period of breach, unless notice of such
breach is given to the Underwriters as soon as practicable and any amended
terms of cover and any additional premium required by them are agreed.
(c) The absence of prior notice shall not affect the cover under this insurance
but it is a condition of this insurance that the Insured is bound to declare to
the Underwriters all breaches of the provisions of Clause 1.
(d) If Clause 2(c) is deleted, continuation of coverage under this insurance is
conditional upon notice to the Underwriters being given prior to the vessel
or craft entering the listed areas.
3. REVISIONS TO LIST OF AREAS OF PERCEIVED ENHANCED RISK
(a) In the event that revisions to the List of Areas of Perceived Enhanced
208
Risk are published by the Joint War Committee, these revisions shall not
take effect for the purposes of Clause 1 and Clause 2 hereof unless the
Underwriters shall have given 7 days notice of cancellation to the
Insured for amendment of the listed areas.
(b) If a vessel or craft remains in the territorial waters of a Country or place
after such Country or place has been added to the listed areas under
Clause 3(a), the Underwriters shall not be liable for any loss, damage,
liability or expense arising out of or resulting from an accident or
occurrence otherwise covered under this insurance after expiry of that 7
day period unless notice is given to the Underwriters before the end of
that 7 day period and any amended terms of cover and any additional
premium required by them are agreed before the expiry of this period.
JW2005/001A
20 June 2005
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:PART(S) REMOVED CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276101 號函備查
承保範圍
To pay, subject to the terms and conditions of this Policy, all loss of or damage to the
subject matter hereby insured occurring at any time during the currency of this
Insurance notwithstanding that any part(s) of the said subject matter be anywhere
ashore under any circumstances, (whether on quay, in buildings, sheds, or elsewhere)
and/or under repair and/or in transit (to and from the Vessel or otherwise).
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:RADIO AND AIDS TO NAVIGATION CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276102 號函備查
承保範圍
Radio apparatus and equipment, echo sounders, navigating equipment and other
apparatus or equipment used for the purpose of communication or as aids to navigation
or safety devices, portable cargo containers(such as refrigerated boxes, etc.) when
permanently installed in the insured vessel, tank cleaning equipment, also equipment
consisting of projection machines, sound apparatus and motion picture film shall be
covered by this policy and included within the agreed valuation of the Hull, even when
not owned by the Assured, provided the assured has assumed liability therefore; but the
liability of Underwriters( either as to amount or as to the risks covered) shall not exceed
the Assured’s liability or liability to which Underwriters would be subject if the
209
property were fully owned by the Assured whichever shall be least.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:SMALL G.A. CLAUSE
核准日期及文號 中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276103 號函備查
承保範圍
It is agreed that in cases where Cargoes’ proportion for General Average(sacrifices or
expenses) or Salvage does not exceed _________the Assured has the option of deciding
whether or not they will claim the whole of the General Average or Salvage under this
policy.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物漁船船舶保險 核准日期及文號 99年 05月 18日新安東京海上 99字第 0320號函備查 承保範圍
1. 本保險對被保漁船因下列危險事故所致之全損(實際全損或推定全損),
負賠償責任。
(1) 海洋、河流、湖泊或其他可通航水域之危難。
(2) 火災、爆炸。
(3) 核子設施或反應器之損壞或意外事故。
(4) 與航空器或類似物體、或其墜落之物體、陸上運輸工具、船塢或港口
設施之觸撞。
(5) 地震、火山爆發或閃電。
(6) 漁獲物、燃料或補給品裝卸、移動時之意外事故。
(7) 鍋爐爆裂、軸承破裂或船體、機器之潛在瑕疵。
(8) 船長、幹部、船員或引水人之疏忽。
(9) 修船人或租船人之疏忽,但以修船人或租船人非屬本保險單之被保險
人者為限。
(10 ) 船長、幹部或船員之惡意行為。
(11 ) 海上劫掠。
2. 但上項第六款至第十款之危險事故須非由於被保險人、船舶所有人或其管
理人未盡相當之注意所致者。若船長、幹部、船員或引水人持有被保漁船
之股份者,不視為本條所稱之船舶所有人。
不保事項
210
本保險對被保漁船因下列危險事故所致之毀損、滅失、責任或費用,不負賠
償責任。
1.戰爭、內亂、革命、叛亂、顛覆或因而引起之內亂,或來自交戰國或其對
抗之敵對行為。
2.捕獲、扣押、拘管、禁制或扣留及其結果或任何此項之企圖。
3.遺棄之水雷、魚雷、炸彈或其他武器。
4.罷工工人、停工工人或參與工潮、暴動或民眾騷擾者之行為。
5.任何恐怖份子或任何懷有惡意或政治動機者之行為。
6.沒收或充公。
7.變更使用性質或改裝致危險增加。
8.使用原子或核子分裂、融解或其他反應或輻射物質之武器爆炸。
9.徵用或徵購。
10.依照一般司法程序之運作,未提供擔保或支付罰金、罰鍰或任何財務原因
之破產或債務糾紛所致者。
11.由於遲延引起之費用。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險
核准日期及文號 71 年 02 月 01 日台財融第 11120 號函核准
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正 承保範圍
保險人對保險標的物在本保險所載區域內,且在被保險人之營業處所外於下列情況因外來突發事件所致保險標的物之毀損或滅失,依照本保險契約之規定,負賠償責任。
(一)正常運輸途中。
(二)正常運輸途中之暫時停放,以不超過七天為限,但得經本公司之事前同意
加批延長之。
(三)修理保養期間。
(四)操作使用期間。
(五)委託他人加工處理期間。
(六)委託他人銷售期間。
(七)巡迴展示銷售期間。
(八)出租於他人使用期間。
前項所稱「正常運輸途中」係指始於開始裝載,經一般習慣上認為合理之運送路線及方法為運送,以迄於卸載完成時止。所謂「運輸」包括被保險人自行運送或委託他人運送而言。
不保事項 一、保險人對下列各項財物之毀損或滅失,除經特別約定載明者外,不負賠償責任。
(一)受託或受託寄售之財物。
(二)金銀條塊、貴重金屬及其製品、珠寶、玉石首飾、古玩、藝術品。
(三)文稿、圖樣、紙樣、圖畫、圖案、模型。
(四)貨幣、股票、債券、郵票、印花、稅票、票據及其他有價證券。
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(五)各種文書證件、帳簿或其他商業憑證簿冊。
(六)運送保險標的物之交通工具如汽車、機車、船舶、飛機等。
(七)動物、植物。
(八)已裝載於船舶或未完全自船舶卸載或受海上貨物運輸保險所承保之進出口貨物。
二、保險人對下列各種危險事故所致保險標的物之毀損滅失,除經特別載明者外,不負賠償責任。 (一)各種放射線之輻射及放射能之污染以及直接或間接因原子能引起之大火
或延燒。 (二)火山爆發、地下發火以及不論意外與否由於森林平野或叢草之焚燒。 (三)戰爭(不論宣戰與否)類似戰爭行為、叛亂、強力霸佔、征用、沒收、
政府機關之行政措施、非法運送、海關沒收、檢疫所之破壞。 (四)保險標的物使用不當致逾越其承受量或負荷而造成保險標的物本身之損
失。 (五)保險標的物屬電機、電氣器具或電氣設備者,因使用過度、電壓過高、
搭線、短路、電弧或漏電等而致保險標的物本身之毀損或滅失。 (六)標的物本質或自然耗損、固有瑕疵、腐蝕、沖蝕、蟲蛀。 (七)鍋爐、蒸氣管、蒸氣引擎等因爆炸、破裂而致本身之毀損。 (八)事故發生而無法舉證之損失。 (九)清點或盤存時所發現短缺之損失。 (十)包裝不良、捆紮不當及誤取錯標的物之損失。 (十一)任何附帶損失。 (十二)被保險人、要保人、其家屬或其負責人之故意行為所致之損失。 (十三)標的物試驗之損失。 (十四)竊盜行為之損失。 (十五)因罷工、暴動、民眾騷擾、無論直接或間接所致之毀損滅失。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險在被保險人照
顧、監管及控制下之財產附加條款
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299001 號函備查
承保範圍
茲經雙方同意,於要保人繳交約定保險費後,本保險契約擴大承保在被保險人照
顧、監管及控制下之財產,因保險事故發生遭受之毀損或滅失。
不保事項
本公司對下列財產不負賠償責任:
一、被保險人作為臨時工作場所之建築物(含動產)或因被保險人之營業行為而暫時
擁有之財產。
二、員工及訪客之衣物或私人用品。
三、被保險人應負責任之租用建築物。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
● 商品名稱:新安東京海上產物商業動產流動綜合保險保險金額自動增
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加附加條款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299002 號函備查
承保範圍 本公司對保險標的物的變動、增加或改良致實際價值增加者均予自動承保,惟以不超過各該項保險標的物保險金額百分之十為限。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
● 商品名稱:新安東京海上產物商業動產流動綜合保險保險金額自動恢
復附加條款
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299003 號函備查
承保範圍 茲經雙方同意,本保險單所承保之保險標的物,因發生約定保險事故致毀損或滅失時,各該
受損標的物之保險金額自動恢復,但被保險人應交付自保險標的物回復原狀之日
起計算至保
險單到期日止之保險費。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
● 商品名稱:新安東京海上產物商業動產流動綜合保險航空器墜落、機
動車輛碰撞附加條款
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299004 號函備查
承保範圍 茲經雙方同意,被保險人加繳約定之保險費後,本公司對直接因航空器及其墜落物或在陸地或軌道上行駛之機動車輛所致保險標的物之毀損滅失,視同火災所致之毀損滅失,依照本保險契約有關條款之規定,負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險竊盜附加條款
(適用於儲存期間)
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299005 號函備查
承保範圍
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茲經雙方同意,被保險人加繳約定之保險費後,本公司直接因他人不法侵入置存保險標的物之處所,從事竊盜所致保險標的物之毀損或滅失,視同火災所致之毀損或滅失,依照主保險契約條款之規定,負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險竊盜附加條款
(適用於運輸途中)
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299006 號函備查
承保範圍 茲經通知並雙方同意,本附加條款加保保險標的物直接因竊盜行為所致之毀損滅失,本公司依照本附加條款之規定負賠償責任。但仍須受第二條及第三條之規定,本公司始負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險竊盜附加條款 核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299007 號函備查
承保範圍 茲經雙方同意,被保險人加繳約定之保險費後,本附加條款加保保險標的物直接因竊盜行為所致之毀損或滅失,本公司依照本附加條款之規定負賠償責任。但需受第二條及第三條之規定,本公司始負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險保險費延緩交付
附加條款 核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299008 號函備查
承保範圍 茲應要保人(或被保險人)之要求,本公司同意本保險契約分期交付之保險費,延自保險責任開始及以後各期應交付之日起至遲三十日內收清,並先行簽交保險單。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險殘餘物清除附加
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條款 核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299009 號函備查
承保範圍 茲經雙方同意,本保險擴大承保保險標的物於保險事故發生後為回復原狀必需且合理之清除費用。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險地震附加條款
(甲式) 核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299010 號函備查
承保範圍 茲經雙方同意,經要保人加繳約定之保險費後,本公司對於保險標的物在本附加條款有效期間內,直接因地震所致之損失,依本保險契約之約定,負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險消防費用附加條
款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299011 號函備查
承保範圍 茲經通知並雙方同意,本附加條款擴大承保消防費用,但以下述情事所致之費用為限:本公司僅限對保險標的物所在地或可能危害保險標的物時,進行施救所必需且合理之費用負賠償責任。但實際損失與補償金額之合計超過本保單所載保險金額時,仍以保險金額為限。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險電氣設備附加條
款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299012 號函備查
承保範圍 茲經雙方同意,本公司對本保險單所承保之電機、電氣器具或電氣設備之任何部份,因發生承保之危險事故造成保險標的物本身之毀損或滅失,亦負賠償責任。
個人保險商品預定費用率
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不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險錯誤遺漏附加條
款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299013 號函備查
承保範圍 被保險人因過失而遲延、錯誤或遺漏向本公司為下列通知時,本公司仍負賠償責任:
一、保險標的物所在地之獲得或使用。
二、其他與保險標的物的性質變更有關之說明事項。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險爆炸附加條款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299014 號函備查
承保範圍 茲經雙方同意,被保險人加繳約定之保險費後,本公司對直接因爆炸所致保險標的物之毀損或滅失,依照本保險契約有關條款之規定,負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險地震附加條款
(乙式)
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299015 號函備查
承保範圍 茲經雙方同意,本公司對於保險標的物在本附加條款有效期間內直接因地震震動或地震引起火災所致之毀損或滅失,依照本保險契約有關條款之規定,負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險額外費用附加
條款
核准日期及文號
216
中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299016 號函備查
承保範圍 茲經通知並雙方同意,本公司對保險標的物因承保事故發生所致毀損滅失,其因而產生之下列費用,亦負賠償之責。 (一)以快遞或特別方法運送毀損保險標的物之零件或零組件,所必須支付之必要運送費用。 (二)為修護保險標的物所必須支付之必要加班費用(包括星期例假日及國定假日)。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險實損實賠附加
條款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299017 號函備查
承保範圍 茲經雙方同意,本保險單承保之保險標的物,其保險金額係以實損實賠(First Loss Insurance)為基礎,保險期間內每一次保險事故發生時,以實際損失賠付,不受比例分攤之限制,但保險期間內累計之賠償金額仍以本保單所載之保險金額為限。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險冷藏貨物除外
不保附加條款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299018 號函備查
承保範圍 本公司對溫度的變化導致貨物的損害,不負賠償之責任。 可歸咎於下列原因導致溫度變化,造成被保險標的物發生損失,本公司始得負擔
賠償之責任。 一、被保險標的物因冷凍及冷藏用途之機械、裝置破損或故障(限連續使用一小時以上
之故障)而發生損失; 二、被保險標的物因冷凍、冷藏或保溫用設備或貨櫃之破損或故障(前款之機械、
裝置除外)而發生損失; 三、被保險標的物因火災、爆炸及運輸工具之碰撞、傾覆、出軌、墜落、緊急降
落、沉沒、觸礁及擱淺等因素發生損失。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險陸上貨物運送
附加條款(甲式)
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299019 號函備查
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承保範圍 本附加條款除基本條款第二章第五條不保事項外,本公司增加下列各種危險事故所致保險標的物之毀損滅失,不負賠償責任:
一、保險標的物之正常漏損、重量或容量之正常減少或自然耗損。
二、由於貨物裝載違反道路交通安全規定所致之毀損滅失或費用。
三、直接由於遲延所致之毀損滅失或費用,即使此項遲延係因承保危險所致者。
四、由於運送人之無力償債或財務糾紛所致之毀損滅失或費用。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險陸上貨物運送
附加條款(乙式)
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299020 號函備查
承保範圍 茲經雙方同意,於要保人繳交約定保險費後,本附加條款僅限承保對保險標的物因下列危險事故所致之毀損或滅失負賠償責任:
一、火災或爆炸。
二、運輸工具之翻覆、出軌或意外碰撞。
三、公路、鐵路、隧道、橋樑及其他交通設施發生傾塌。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險裝卸安全附加
條款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299021 號函備查
承保範圍 (一)裝卸機具設備之負荷能力應超過被裝卸物重量時,並應事先檢查,確定情
況良好,符合安全條件。
(二)操作人員應持有合格執照或曾接受相關訓練領有結業證書者。
(三)陸上颱風警報發佈至解除期間,應停止任何裝卸作業,並採取必要安全措施。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險預付賠款附加
條款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299022 號函備查
承保範圍
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茲經雙方同意,保險標的物因保險事故所致之毀損或滅失,經本公司理算後,其
損失金額已確定的部份,得先預付損失金額的百分之 予被保險人,而先行預
付之賠款須於理算完成後由應賠付之金額中扣除之。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險專業費用附加
條款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299023 號函備查
承保範圍
茲經雙方同意,本公司對所承保之建築物、營業裝修或機器設備遭受毀損或滅失
後,為回復原狀所必需且合理之建築師費用、鑑定費用、法定費用及工程師費用
亦負賠償責任,但每一事故之最高賠償金額以建築物、營業裝修或機器設備之各
分項賠償金額百分之五,但不得超過新台幣 元為限。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱: 新安東京海上產物商業動產流動綜合保險專業費用附加
條款
核准日期及文號 中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299024 號函備查
承保範圍
茲經雙方同意,主保險契約之保險金額係以重置成本為基礎,至主保險契約基本條款及
其他附加條款中有關「實際現金價值」一辭皆以「重置成本」代替。亦即「實際現金價
值」一辭中折舊之因素一律不予考慮。
所謂「重置成本」係指修復、重建或置換與該標的物,同一地點之建築物或裝修,或同
一廠牌、型式、規格、性能或相類似機具之新品成本。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險自動消防裝置滲
漏附加條款
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299025 號函備查
條款內容 茲經雙方同意,要保人加繳約定之保險費後,本公司對於保險標的物在本附加條款有效期間內,直接因自動消防裝置意外滲漏或噴射水或其他物質,或因其水源
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倒塌、崩潰所致之損失,依本附加條款之約定,負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險煙燻附加條款
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299026 號函備查
條款內容 茲經雙方同意,被保險人加繳約定之保險費後,本公司對於保險標的物在本附加條款有效期間因意外火災所引起之煙燻所致之直接損失,依照本附加條款之規定,負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險罷工、暴動、民
眾騷擾及惡意破壞行為附加條款
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299027 號函備查
條款內容 茲經雙方同意,被保險人加繳約定之保險費後,本公司對直接因下列意外事故所致保險標的物之毀損或滅失,依照本附加條款之規定,負賠償責任。
(一)任何人參加擾亂公共安寧之行為(不論是否與勞方之罷工或資方之歇業有關)。
(二)治安當局為鎮壓前項擾亂或為減輕其後果所採取之行動。
(三)任何罷工者為擴大其罷工或被歇業之勞工為抵制歇業之故意行為。
(四)治安當局為防止前項行為或為減輕其後果所採取之行動。
(五)任何人之故意或惡意破壞行為。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險保全附加條款
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299028 號函備查
條款內容 被保險人應於本附加條款有效期間內,就被保險標的物之置存處所與保全公司訂立保全服務契約,並於各通道、門窗及各開孔裝設有效之防盜警報措施,且應按保全契約之規定,切實履行防盜警報系統之設定與維護等義務,被保險人若未能履行上述之義務,則對於因此所遭致之損失本公司不負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
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商品名稱:新安東京海上產物商業動產流動綜合保險颱風及洪水附加
條款
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299029 號函備查
條款內容 茲經雙方同意,經要保人加繳約定保險費後,本公司對於保險標的物在本附加條款有效期間內直接因颱風或洪水所致保險標的物之損失,依本附加條款之約定,負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險車輛裝載物附加
條款
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299030 號函備查
條款內容 茲經雙方同意,裝載保險標的物之車輛或貨櫃暫時停置於保險單所載明處所內時,本公司對
該保險標的物於保險期間內,因發生保險事故所致之損失或滅失,負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險水漬附加條款
核准日期及文號 中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299031 號函備查
條款內容 茲經雙方同意,被保險人加繳約定之保險費後,本公司對於保險標的物因下列事故所致之毀損或滅失,依照本附加條款之規定,負賠償責任: 一、水槽、水管或其他儲水設備破損或溢水。 二、一切供水設備、蒸氣管、冷暖氣及冷凍設備之水蒸氣之意外滲漏。 三、雨水、雪霜由屋頂、門窗或通氣口進入屋內。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險恐怖主義除外不
保附加條款(A)
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157001 號函備查
條款內容 茲特約定,本公司對於直接或間接因任何恐怖主義之行為或與其有關之行動所致
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任何損失、身體傷亡、費用支出或賠償責任,不負賠償之責,不論此等損失是否同時或先後與其他原因或事件有關聯。 本條款所謂恐怖主義(Terrorism)係指任何個人或團體,不論單獨或與任何組織、團體或政府機構共謀,運用武力、暴力、恐嚇、威脅或破壞行為以遂其政治、宗教、信仰、理念或其他類似意圖之目的,包括企圖推翻、脅迫或影響任何政府,或致使民眾或特定群眾處於恐懼狀態。 本公司對於直接或間接為抑制、防止、鎮壓恐怖主義或與其有關之行動所致之任何損失、身體傷亡、費用支出或賠償責任亦不負賠償之責。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險72小時附加條款
(天災適用)
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157002 號函備查
條款內容 茲經雙方同意,本保險單所承保之商業動產流動綜合保險對洪水、颱風、暴風、地震或其他天災等「一次事故」之定義為: 颱風係以氣象局發佈陸上颱風警報起連續七十二小時以內,所發生之颱風損失,均視為同一事故。 其他天災事故係以該天災事故於連續七十二小時以內,所發生之損失,均視為同一事故。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險拋棄代位求償權
附加條款
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157003 號函備查
條款內容 茲經雙方同意,本公司對下表所列與被保險人在所有權或經營管理上有關係之人,同意拋棄代位求償權利。
公 司 名 稱 與 被 保 險 人 之 關 係
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險保險費預收附加
條款
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157004 號函備查
條款內容 茲經雙方同意,本公司於簽發本保險單時,以保險單所載之預估年營業額計算全
222
年保險費,並依該保險費百分之 為預收保險費。 保險期間屆滿後三十日內,被保險人應就該年度實際之營業額通知本公司,憑以計算該年度實際之保險費。 如實際應收保險費低於預收保險費,本公司就預收保險費與應收保險費之差額部份予以退還,但應收保險費不得低於全年保險費之百分之 。 如實際應收保險費超過預收之保險費,被保險人應於接到本公司結算保險費後加繳之。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險特別承保附加條
款(TMNEWA Insurance Special Inclusion)
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157005 號函備查
承保範圍 本保單同意保單所註明儲存處所內承保標的物因承保事故所致之直接毀損滅失亦承保在內。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險特別除外不保附
加條款(TMNEWA Insurance Special Exclusion)
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157006 號函備查
條款內容 茲經雙方同意,本公司對於直接或間接因下列情形所致標的物之毀損或滅失不負賠償之責: (1) 山崩、地層下陷。 (2) 營業中斷。 (3) 機械故障。 (4) 營造、安裝所致之損失。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險理賠推定全損特
別約定附加條款
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157007 號函備查
承保範圍 茲經雙方同意,於被保險人加繳約定之保險費後,針對本保險單所承保之貨物,於保險期間內因承保事故所致該貨物之包裝破裂,造成同一包裝內之其他未破損貨物因而受到污染,無法攜入無塵室作業或使用,本公司同意對於該包裝內所有貨物因而所致之損失,以推定全損方式理算之。
個人保險商品預定費用率 不適用
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短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險貨物內陸運輸附
加條款
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157008 號函備查
承保範圍 本保險對保險標的物因意外事故所致之毀損或滅失負賠償責任,但下列約定除外:
(1)由於被保險人之故意不當行為所致之毀損滅失或費用。
(2)保險標的物之正常漏損、重量或容器之正常減少或自然耗損。
(3)由於被保險人對保險標的物包裝或配置之不固或不當所致之毀損滅失或費用。
(4)由於被保險人對貨物裝載違反道路交通安全規則所致之毀損滅失或費用。
(5)由於保險標的物之固有瑕疵或本質所致之毀損滅失或費用。
(6)直接由於遲延所致之毀損滅失或費用,即使此項遲延係因承保危險所致者。
(7)由於運送人之無力償債或財產糾紛所致之毀損滅失或費用。
(8)由於戰爭、內戰、革命、叛亂、罷工、暴動、民眾騷擾或類似行為所致之毀損滅失或費用。
(9)由於使用原子或核子武器所致之毀損滅失或費用。 (10)運送過程中,運輸工具無人看管時所發生之損失。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險殘餘物清除附加
條款(A式)(DEBRIS REMOVAL CLAUSE)
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157009 號函備查
承保範圍 茲經雙方同意,本保險契約擴大承保保險標的物於保險事故發生後為清除受損保險標的物之殘餘物所生之必要費用。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險罷工、暴動、民
眾騷擾、惡意破壞行為附加條款(A式)
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157010 號函備查
承保範圍 本公司對於直接因發生下列事故所致保險標的物之毀損或滅失,依照本保險契約有關條款之規定,負賠償責任: (1)任何人參加擾亂公共安寧之行為。(不論是否與勞方之罷工或資方之歇業有關) (2)治安當局為鎮壓前項擾亂或減輕其後果所採取之行動。 (3)任何罷工者為擴大其罷工或被歇業之勞工為抵制歇業之故意行為。 (4)治安當局防止前項行為或為減輕其後果所採取之行動。 (5)任何人之故意或惡意行為。但被保險人之前述行為,本公司不負賠償責任。 個人保險商品預定費用率
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不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險竊盜附加條款(A
式)
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157011 號函備查
承保範圍 茲經通知並雙方同意,本保險單加保保險標的物直接因竊盜行為所致之毀損或滅失,本公司依照本保險契約有關條款之規定負賠償責任。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險電腦系統年序轉
換除外不保附加條款(A式)
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157012 號函備查
條款內容 本公司對於直接或間接因電腦系統處理與年序或日期有關之資料發生錯亂,導致系統無法正常運作,包括運作結果錯誤、運作中斷或不能運作,不論該電腦系統是否為被保險人所有或為本保險契約之保險標的物,其所致電腦系統本體、電腦資料或任何其他財物全部或部份之直接或間接毀損滅失,以及因而所引起任何性質的附帶損失,或被保險人依法應負或以契約及協議所承受之賠償責任,或因而所產生之任何費用或成本,不論損失發生或發現日,以及請求賠償日是在本保險契約生效日之前或之後,本公司概不負賠償責任。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險電腦病毒駭客風
險除外不保附加條款(A式)
核准日期及文號 中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157013 號函備查
條款內容 茲經雙方同意並約定,本保單針對因電腦病毒或駭客行為所致之下列損失不負賠償責任: 一、資料、程式或軟體之毀損滅失。 二、資料無法取用,軟體、硬體或積體電路之功能故障。 三、前兩項所引之營業中斷損失。 但因承保事故所致之損失不在此限。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
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商品名稱:新安東京海上產物商業動產流動綜合保險單獨污損擦損除
外不保附加條款 核准日期及文號
102 年 10 月 17 日新安東京海上 102 商字第 0120 號函備查
不保事項
(1)本公司對於保險標的物之污損及擦損,不負賠償之責,不受商業動產綜合保
險基本條款之規定所限。但是,污損及擦損與其他損害同時發生時,則不適
用此規定。
(2)所謂污損及擦損,是指保險標的物之髒污、擦傷、刮傷或是塗料剥落等單獨
外觀損傷,而不影響保險標的物機能之損害。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險管球類單獨損害
除外不保附加條款 核准日期及文號
102年 10 月 17日新安東京海上 102商字第 0121 號函備查
不保事項
本公司對於保險標的物中之真空管、陰極線管、燈泡與其他類似管球類以及液晶
顯示、電漿顯示、有機發光二極體顯示等畫面顯示裝置受有損害時,不負賠償之
責,不受商業動產綜合保險基本條款之規定所限。但是,這些保險標的物與其他
部分同時受有損失時,則不適用此規定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險冷凍冷藏物附加
條款 核准日期及文號
102年 10 月 17日新安東京海上 102商字第 0122號函備查
承保範圍
本公司對可歸咎於下列原因導致冷凍機器或冷藏設備損壞引發溫度改變期間達
二十四小時以上,造成被保險標的物發生損失,本公司始得負擔賠償之責任。
一、火災
二、爆炸
三、運輸工具之碰撞、傾覆、出軌、墜落、緊急降落、沉沒、觸礁及擱淺等因素
發生損失。
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不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險電氣性機械性事
故附加條款 核准日期及文號
102年 10 月 17日新安東京海上 102商字第 0123號函備查
承保範圍
本公司對電氣性、機械性事故造成保險標的物本身之毀損或滅失,負賠償責任。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險修理、拆卸、定
位及組裝等危險附加條款 核准日期及文號
102年 10 月 17日新安東京海上 102商字第 0124 號函備查
承保範圍
本公司對在修理、解體、定位、組裝保險標的物時,因作業過失或技術不良造成
保險標的物本身之毀損或滅失,負賠償責任。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險未送達危險附加
條款 核准日期及文號
102年 10 月 17日新安東京海上 102商字第 0125 號函備查
承保範圍
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(1)本公司對於保險標的物於運送過程中整包遺失所致保險標的物之損失時,本
公司負賠償責任。
(2)前項所稱「運送中」係指始於標的物裝載至運送工具,以迄於目的地保管處
所卸載完成時止;並含運送中所需的臨時存放。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險修理額外費用附
加條款 核准日期及文號
102年 10 月 17日新安東京海上 102商字第 0126 號函備查
承保範圍
本保險契約擴大承保保險標的物因火災、閃電雷擊、爆炸發生遭受毀損或滅失所
生下列額外費用
1.為回復原狀需要的損害原因調查費用
2.保險事故發生後至回復原狀期間所產生為確定損害範圍的調查費用。
3.復原、修理或替換受損保險標的物而產生之點檢費用、調整費、或試運轉費。
但耗材費用除外。
4.受損保險標的物之臨時性修理而產生之費用,但此臨時性修理的一部如變成復
原修理,此臨時性修理而產生之費用需從復原修理費用刪除。
5.替換受損保險標的物而產生之租金
6.為了代替受損保險標的物臨時新增設設備的安裝及拆除費用
7.為緊急從事必要之復原受損保險標的物而產生之加班費、雇用額外勞力費用。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險空運費附加條款 核准日期及文號
102年 10 月 17日新安東京海上 102商字第 0127 號函備查
承保範圍
本保險契約之保險標的物發生承保範圍內之毀損或滅失,本公司對修復受損標的
物所需空運運費亦負賠償責任。
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不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險商品及庫存品附
加條款 核准日期及文號
102年 10 月 17日新安東京海上 102商字第 0128 號函備查
承保範圍
檢查費用及移送費用
(1)本保險契約在發生可支付損害保險金之突發、不可預料之事故的情況,記名
被保險人經本公司的同意,檢查保險標的物損害之有無而產生之檢查費用、
勘查費用或專業人員派遣費用,本公司同意支付。
(2)發生(1)所規定之事故時,記名被保險人經本公司同意,為檢查或修理保險標
的物而運送、檢查,或修理結束後需再運送至事故發生場所時所須之費用,
本公司同意支付。
(3)有關(1)之檢查結果,即使此保險標的物未受有損害時,本公司同意支付此檢
查及運送費用。
(4)本公司對於附帶此附加條款之保險契約,根據修理附帶費用特約條款(一般物
件用)之規定,於支付修理附帶費用時,當檢查費用及移送費用作為修理附帶
費用,而超過應支付之額度的情況下,此超過的部分,可作為檢查費用及移
送費用來支付。但其金額以進行檢查之保險標的物的保險金額(保險金額超過
保險價額時,依保險價額為限)為限,且保險期間合計不超過 1億日幣。
因瑕疵所造成損害之填補
相關商品因下述原因,發生突發、不可預料的事故而造成損失時,本公司負賠償
之責。
1.因安裝作業的瑕疵所造成的事故
2.因設計、材質或製造瑕疵所引發之事故
3.因軟體瑕疵所造成的損失
不保事項
1.要保人另有投保海上運送保險之保險標的物
2.記名被保險人進口前項 1至 4項物品,進口通關後含通關日 180天內之標的物。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
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商品名稱:新安東京海上產物商業動產流動綜合保險商品及庫存品保
險費結算附加條款 核准日期及文號
102年 10 月 17日新安東京海上 102商字第 0129 號函備查
承保範圍
(1)被保險人應按月將該月保險標的物存放數量、單位價值及金額,於次月三十
日內通知本公司,憑以計算保險費。
(2)如逾期不為通知時,本公司即以前次所通知之保險金額計算保險費。
(3)被保險人或是本公司得以向另一方要求變更通知日。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險寄託或寄售財物
附加條款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0130 號函備查
承保範圍
茲經通知並雙方同意,本保險單依照契約有關條款之約定負賠償責任,但應受下
列各款之約束:
一、本保險契約所承保之標的物如係受寄託或寄售之財物,倘遇保險事故所致損
失時,本公司視實際損失情況按保險基本條款第四章理賠事項之約定賠償之。
二、惟前項受寄託或寄售之財物,如遇有保險事故發生時,被保險人(或所有權
人)應提供寄託或寄售財物之憑證、帳冊及有關證明文件,於領取賠款時被保險
人及所有權人應共同簽署和解書後,被保險人始得領取賠款。
三、其他未約定事項悉依照本保險契約有關約定辦理。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險保險標的物敘述
附加條款 核准日期及文號
230
102年 11 月 01日新安東京海上 102商字第 0131號函備查
承保範圍
茲經雙方同意,本公司與被保險人對於本保險契約所載之保險標的物之定義發生
異議時,本公司同意以保險事故發生時被保險人之財產帳冊分類為理賠基準。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險建築物外部設備
附加條款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0132 號函備查
承保範圍
茲經雙方同意,本保險契約承保之不動產包含牆垣、簷廊、外部附著裝飾、外部
樓梯間及鐵架結構體。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險擴大承保處所附
加條款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0133 號函備查
承保範圍
茲經雙方同意,本保險擴大承保在保險契約載明之處所內,置存於平台上、通廊
中之財物。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
231
商品名稱:新安東京海上產物商業動產流動綜合保險暫時外移附加條
款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0134 號函備查
承保範圍
茲經雙方同意,保險標的物(貨物除外)因清理、改裝、修復或相類似之目的,
暫時遷移並置存於本保險契約載明之保險標的物地址以外之可關閉處所,發生保
險事故遭受毀損或滅失時,本公司亦負賠償責任。本公司對每一事故之賠償金額
以該項保險標的物保險金額百分之 為限,最高不得超過 元。
不保事項
保險標的物在運輸途中或展覽會場內不適用本條款。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險內部遷移附加條
款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0135 號函備查
承保範圍
茲經雙方同意,在本保險契約所載地址範圍內,保險標的物由原置存處所遷移至
其他置存處,因被保險人之疏忽未事先通知本公司,遇有保險事故發生時本公司
對該遷移之保險標的物仍負賠償責任,本公司之賠償金額以動產保險金額百分之
為限,但最高不得超過 元。
被保險人應於知悉遷移事實後,立即通知本公司,必要時自遷移日起調整保險金
額或保險費。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險公權力附加條款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0136 號函備查
承保範圍
茲經雙方同意,本保險契約擴大承保保險標的物因保險事故發生遭受毀損或滅
失,被保險人在重建或修復受損保險標的物時,必須執行相關法令所產生之額外
232
費用,但仍需符合下列約定:
一、被保險人應於損失發生後立即重建或修復該受損保險標的物,並在損失發生
之日起十二個月內(或經本公司書面同意延長期限)完工;若法令約定該受損保險
標的物必須在其他地點重建或修復時,本公司亦負賠償責任,但本公司之賠償責
任仍以原保險金額為限。
二、若保險標的物受損,依保險契約之約定而減少賠償責任時,則本附加條款之
賠償責任亦依相關約定減少。
三、本公司對每一受損保險標的物之賠償責任每一事故以該受損標的物賠償金額
之百分之 為限,但不得超過 元。
不保事項
本公司對於下列事故所生之第一項額外費用不負賠償責任:
一、被保險人執行相關法令所致下列損失,因而產生之額外費用:
(一)本保險契約生效前發生之損失;
(二)本保險契約承保範圍以外之損失;
(三)損失發生前被保險人已接到政府機關命令拆除或重建之通知,因而產生之損
失;
(四)有關受損保險標的物中未受損部分之費用。
二、被保險人依相關法令約定,為恢復受損保險標的物達到全新狀態所生之額外
費用;
三、被保險人執行相關法令所需支付之財產增值稅或其他費用。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險改建與修復附加
條款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0137 號函備查
承保範圍
茲經雙方同意,被保險人對不動產或置存其內之標的物進行改建、增建或修復並
不影響本保險契約之效力,惟改建、增建或修復完成時,被保險人應立即通知本
公司,重新訂定費率,調整保險費。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
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商品名稱:新安東京海上產物商業動產流動綜合保險理賠準備費用附
加條款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0138 號函備查
承保範圍
茲經雙方同意,本保險契約擴大承保被保險人因承保危險事故發生致保險標的物
遭受毀損或滅失時,依本保險契約相關約定,為準備或證明理賠金額所實際發生
必要且合理之費用。
前項費用不包括與本公司或本公司代理協商理賠時所產生之費用。
該項理賠準備費用賠償金額與該受損保險標的物之賠償金額合計不得超過該受
損保險標的物之保險金額。但每一事故之理賠準備費用以 元為限。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險趕工費用附加條
款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0139 號函備查
承保範圍
茲經雙方同意,本保險契約擴大承保保險標的物因保險事故發生遭受毀損或滅
失,被保險人為進行臨時性修復或永久性修復、重置所增加之合理趕工費用。
前項趕工費用包括加班費、快遞費用或支付其他運輸工具之費用。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險小額賠款附加條
款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0140 號函備查
承保範圍
茲經雙方同意,因保險事故發生所致保險標的物遭受毀損或滅失時,若其損失金
額未達_____元以上者,不適用不足額保險比例分攤,且對未受損之保險標的物
234
無需進行特別盤點或鑑價。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險無控制權附加條
款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0141 號函備查
承保範圍
茲經雙方同意,本保險契約之效力不因被保險人無控制權所致危險因素增加而受
影響。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險其他動產附加條
款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0142 號函備查
承保範圍
茲經雙方同意,本保險契約承保下列動產因保險事故發生所致之毀損或滅失:
一、貨幣及郵票。但除特別約定者外,合計賠償限額為 元。
二、文件、證件、文稿及帳簿。但僅限於其紙張價值及登載資料所需之文書處理
人工費用,賠償限額為 元。
三、電腦資料儲存體。但僅限於置換電腦資料儲存體或複製其儲存之資料所需之
費用,賠償限額為 元。
四、圖樣、圖案及模型。賠償限額為新台幣貮拾萬元。
五、被保險人員工所有之動產。但每一員工之賠償限額為 元,保險期間內累
積賠償限額為 元。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用
235
短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險溫度控制系統損
壞附加條款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0143 號函備查
承保範圍
茲經雙方同意,本保險契約擴大承保貨物受溫度控制系統因機械、水壓、電力或
電器設備損壞引發溫度改變期間達二十四小時以上所致之毀損或滅失。
每一事故及累積最高賠償限額為新台幣 元。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險80%共保附加條
款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0144 號函備查
承保範圍
茲經雙方同意,本保險契約特別載明適用本條款之保險標的物於約定之保險事故
發生並造成損失時,倘其保險金額已達該標的物實際現金價值之百分之八十者,
本公司就保險金額範圍內按實際損失金額賠付,不受本保險契約批註附加條款比
例分攤之限制。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險新取得財產附加
條款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0145 號函備查
承保範圍
236
茲經雙方同意,本保險契約擴大承保被保險人新取得之財產或新增處所之財產,
惟不得超過各該項保險標的物保險金額之百分之 ,且最高以 元為限。
上述新取得之財產或新增處所之財產,本公司以暫保方式予以承保,並自被保險
人取得保險利益時即開始生效,且於下述三種情形中之任一情形發生時,其效力
即行終止:
一、被保險人新取得財產或新增處所之財產滿九十天者;或
二、新取得之財產或新增處所之財產已通知本公司,且已增加原保險契約保險金
額者;或
三、本保險契約之保險期間已屆滿者。
上述暫保責任仍受保險契約所載之各該項保險標的物保險金額之限制。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險存貨擴大附加條
款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0146 號函備查
承保範圍
當保險事故發生時,如存貨實際總額大於平均存貨量時,本保單存貨之保險金額
自動增加至超過的存貨量,但不超過平均庫存量之 %。
被保險人後續需依增加之保險金額加收保險費。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險特殊分類附加條
款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0147 號函備查
承保範圍
茲經雙方同意,本保險契約對於需按整批、或整套規格、色系或其他分類方法銷
售之貨物,因保險事故發生而導致未受損部分價值之減少,本公司負賠償責任。
不保事項
237
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險委外加工附加條
款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0148 號函備查
承保範圍
茲經雙方同意,被保險人委外加工之貨物因發生保險事故所致之毀損或滅失時,
本公司仍負賠償責任。但保險期間內最高賠償限額為新台幣 元。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物商業動產流動綜合保險受託物責任附加
條款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0149 號函備查
承保範圍
茲經雙方同意,本保險契約擴大承保被保險人分期付款或借款所購買之財產,或
在被保險人照顧、監管及控制下之車輛,因被保險事故發生遭受之毀損滅失。(保
險公司之賠償責任以被保險人依法應負對第三人之賠償責任而受賠償請求時為
限,且需提出被保險人與其委託者之書面委託契約)。
但本公司對下列不負賠償責任:
一、 被保險人作為臨時工作場所之建築物(含動產)。
二、 員工及訪客之衣物或私人用品。
三、 無特定合約規範,而被保險人應負責任之租用建築物。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
238
商品名稱:新安東京海上產物商業動產流動綜合保險理賠附加條款 核准日期及文號
102年 11 月 01日新安東京海上 102商字第 0150 號函備查
承保範圍
機器設備之保險金額訂定以重置價值扣除累積折舊後之金額投保,其折舊耐用年
限為八年,如保險標的物超出八年以重置價值扣除八年累積折舊後之金額投保,
並以上述之保險金額定額賠付。如被保險人之投保標的物未入現有財產帳冊或無
購入發票,理賠時以保險單載明之保險金額定額給付。投保時機器設備以列舉方
式投保。
貨物指原料、物料、在製品、半成品、成品、商品及代工貨物,理賠時以重置價
值為基礎,並以送貨單據或財產帳冊為依據。
不保事項
依主保險契約之約定。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物船體險修繕人責任保險
核准日期及文號 92 年 5 月 8 日 92 安字第 063 號備查
94 年 4 月 1 日新安東京海上(94)字第 1000 號函備查
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第
09502522257 號令修正
承保範圍
茲經本公司同意依據保單限額及保單條款賠償被保險人對於下列事故依法應由被保險人亦謂修繕人負賠償責任: (1)於修繕工程中因被保險人託管、看顧或控制所致造成任何船舶之損失或損
害包含移動在保單所訂航程區域內負賠償責任,但其損失發現僅限於修繕工程期間內;
(2)被保險人於修繕工程中所致造成任何船舶之損失或損害,除在海上行駛外負賠償責任,但其損失發現僅限於修繕工程期間內;
(3)自船舶上下卸貨所致造成任何貨物損失或損害歸咎於上述 (i)及(ii)負賠償責任,但其損失發現僅限於修繕工程期間內;
(4)自船舶卸下之機械或設備因被保險人託管、看顧或控制所致造成任何船舶之機械或設備損失或損害負賠償責任,但其損失發現僅限於修繕工程期間內;
(5)清除殘骸; (6)被保險人執行船舶修復時歸造成第三人財產損失或損害負賠償責任,但其
損失發現僅限於修繕工程期間內; 上述發生事故因被保險人或其受僱人、代理人或次承包商之疏忽所致,應負賠償責任。 不保事項 即使有任何除外記載,本保單不承保下列任何責任: (1)(a)被保險人所擁有、使用或出租的之財物。
(b)除第 6條第 1、3、4項所指之財物外,被保險人所看顧、保管或控制之
239
下的財物。 (2)生物碰撞責任,塔台責任,或被保險人及從屬人員所擁有或經營之船舶之
航行所導致之責任。 (3)有關被保險人所領受而僅為停放之用之任何船舶所致者。 (4)有關或導因於油輪或其他裝載易燃或易爆液體或瓦斯的船舶,或導因於下
列工作所致者: (a)其工作係位於或鄰近燃油船之管線或油槽; (b)其工作係位於或鄰近燃煤船之煤艙; 除非該工作之實行係依照處所之港口或政府機構之相關規定或規範,但應有政府機關或勞依氏代理人所發給之汽油清除狀況檢驗證明始可。
(5)被保險人所新建造之船舶所致者。 (6)依照懲罰性條款所支付之項目,拘留、滯留、時間上之損失,運費之損失,
租船收入之損失,市場的損失及其他附加損失,即使前項之損失為第 6條之承保事故所致者。
(7)其責任出於下列之存在、維持或使用: (a)任何持照核可卡車、汽車或工程車。 (b)任何非持照核可卡車、汽車或工程車位於被保險人之處所之外。
(8)第 6 條之承保事故被保險人未能將船隻送交船東或修繕工作完成後 6個月內發現並書面通知本公司者,兩者以其先發生者為準。
(9)其責任係有關於或導因下列所致者: (a)任何因設計錯誤而沒收或丟棄之零件。 (b)任何基於上項沒收或丟棄之損失或費用。 (c)因為設計錯誤導致零件的重置、修正或修理成本或費用。 因為罷工、封鎖、勞工騷亂或騷動、市民暴動、或任何人參與上述行動之行為所致者,或任何人之惡意行為所致者。
(10)無論直接或間接,因為下列事項發生所致者: (a)戰爭、內戰、革命、叛亂、顛覆,或其引起之內爭,或任何由於交戰
國或對抗交戰國之武力行為。 (b)捕獲扣押拘留管制或扣留(海盜行為除外),及因上述危險或任何危
險企圖所致之結果。 (c)遺棄之水雷魚雷炸彈或其他遺棄之戰爭武器。 (d)任何政府組織或地方當局或公眾團體之指令所致之財物毀損或解體。
(11)無論直接或間接因核燃料或核廢料所生之電離輻射或輻射污染所導致或促成者。
(12)依合約所承擔的責任或未定立契約而依照法律加諸於被保險人的衍生責任。
(13)懲罰性或懲戒性損害賠償,無論其原因為何。 (14)無論直接或間接因石綿所致者。 (15)因滲漏或污染所致者,除非其係於保險期間內所猝發且非被保險人故意或
可預期之意外事故,被保險人於事發後 72小時內知情並於 90天內以書面通知本公司。無論除外如何規定,本條款並不承保: (a)罰緩、罰金、懲罰性損害賠償、懲戒性損害賠償、三倍損害賠償額或
其他補償性賠償之倍數所生之損害賠償。 (b)任何地點或場所全部或部分使用於廢料或廢棄物質之處理、加工、處
置、 存放、配置或傾倒。 (c)估算、監視或控制物質滲流及/或污染之成本。 (d)被保險人所擁有及/或承租及/或租借及/或被保險人控制之下之財物
之污染及/或滲流物質之清除及/或廢棄及/或清理成本。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
240
商品名稱:新安東京海上產物電腦系統年序轉換除外不保附加條款
核准日期及文號 中華民國 96年 05月 09 日新安東京海上 96 字第 0153 號函備查
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正
條款內容 茲經雙方同意,本公司對於在公元 2000年當年度及其前後期間,因被保險人所有或使用之電腦系統設備進行下列一、二、三款所列各項運作,造成電腦系統設備喪失功能或因其引起承保危險事故發生所致保險標的物之損失,或因而引起任何性質之附帶損失,不負賠償責任。 一、辨別任何日期資料其確切日期或數值。 二、由於處理確切日期或數值及其他任何資料,而進行讀取、儲存、記憶,或正
確地進行操作、解讀、傳送、傳回或處理任何資料或訊息或指令或指示等。 三、操作安裝於電腦系統中軟體程式之任何指令及邏輯運算而進行讀取、儲存、記憶,
或正確處理任何資料。
前述指令或邏輯運算係指在當日或日後導致資料流失或無法讀取、儲存、記憶或正確處
理該項資料。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
不適用
商品名稱:新安東京海上產物恐怖主義除外不保附加條款
核准日期及文號 中華民國 96年 05月 09 日新安東京海上 96字第 0154號函備查
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第
09502522257號令修正
條款內容 茲經雙方約定,本公司對於直接或間接因任何恐怖主義之行為或與其有關之行動所致任何損失、身體傷亡、或所生費用支出或賠償責任,不負賠償之責,不論此等損失是否同時或先後與其他原因或事件有關聯。 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 不適用
商品名稱:新安東京海上產物電腦駭客病毒風險除外不保附加條款
核准日期及文號 中華民國 96 年 05 月 09 日新安東京海上 96 字第 0155 號函備查
96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正
條款內容 茲經雙方同意並約定,因電腦病毒或駭客行為所致之下列損失不負賠償責任:
一、資料、程式或軟體之毀損或滅失; 二、資料無法取用,軟體、硬體或積體電路之功能故障; 三、前兩款所致之營業中斷損失或附帶損失;
241
但因本保險契約承保事故所致之損失不在此限。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 不適用
商品名稱:TOKIO MARINE NEWA INSURANCE Computer
Millennium Clause (Cargo) with named peril extension(新安東京海
上產物貨物運輸保險電腦系統年序轉換除外不保附加條款)
核准日期及文號 中華民國 96 年 05月 09 日新安東京海上 96字第 0150號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正 承保範圍
In no case shall this insurance cover any loss, damage, expense or liability of
whatever nature which might otherwise be recoverable under this insurance
arising out of or in any way connected with, whether directly or indirectly, the
use or operation of any computer, computer system, computer software,
programme or process or any electronic system where any such loss, damage,
expense or liability arises, whether directly or indirectly, as a consequence of
(i) the date change to the year 2000 or any other date change and/or (ii) any
change or modification of or to any such computer, computer system,
computer software, programme or process or any electronic system in relation
to any such date change.
This exclusion does not apply to: -
1. claims for loss of or damage to the subject matter insured reasonably
attributable to
I)
ii)
iii)
iv)
v)
vi)
vii)
viii)
ix)
x)
fire or explosion
vessel or craft being stranded grounded sunk or capsized
overturning or derailment of land conveyance
collision or contact of vessel craft aircraft or conveyance with any external
object other than water
total loss of aircraft in flight
discharge of cargo at a port of distress
total loss of any package lost overboard or dropped whilst loading on to,
or unloading from, vessel craft or aircraft
General average sacrifice
Jettison or Washing overboard
Entry of sea lake or river water into vessel craft hold conveyance liftvan or
place of storage
242
2. General average and salvage charges, adjusted or determined according
to the contract of affreightment and/or the governing law and practice,
incurred to avoid or in connection with the avoidance of loss from any
cause except those excluded elsewhere in this insurance.
Subject always to the terms, conditions, limits and exclusions contained
elsewhere in this policy.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 不適用
商品名稱:TOKIO MARINE NEWA INSURANCE INSTITUTE
CYBER ATTACK EXCLUSION CLAUSE(新安東京海上產物電腦
駭客病毒風險除外不保附加條款)
核准日期及文號 中華民國 96 年 05月 09 日新安東京海上 96字第 0151號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正
條款內容
1.1 Subject only to clause 1.2 below, in no case shall this insurance cover
loss damage liability or expense directly or indirectly caused by
or contributed to by or arising from the use or operation, as a means
for inflicting harm, of any computer, computer system, computer
software programme, malicious code, computer virus or process or any
other electronic system.
1.2 Where this clause is endorsed on policies covering risks of war, civil
war, revolution, rebellion, insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power, or
terrorism or any person acting from a political motive, Clause 1.1
shall not operate to exclude losses (which would otherwise be covered)
arising from the use of any computer, computer system or computer
software programme or any other electronic system in the launch and/or
guidance system and/or firing mechanism of any weapon or missile.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 不適用
商品名稱:TOKIO MARINE NEWA INSURANCE Terrorism
Exclusion Clause (Cargo)(新安東京海上產物貨物運輸保險恐怖主義
除外不保附加條款)
243
核准日期及文號 中華民國 96 年 05月 09 日新安東京海上 96字第 0152號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正
條款內容
This treaty excludes any loss, damage, liability or expense arising from:
a) Terrorism and or
b) steps taken to prevent, suppress, control or reduce the consequences of any actual,
attempted, anticipated, threatened, suspected or perceived terrorism.
For the purpose of this clause, “terrorism” means any act(s) of any person(s) or
organization(s) involving:
i. the causing, occasioning or threatening of harm of whatever nature and by
whatever means;
ii. putting the public or any section of the public in fear,
in circumstances in which it is reasonable to conclude that the purpose(s) of the
person(s) or organization(s) concerned are wholly or partly of a political, religious,
ideological or similar nature.
If any Reinsurer assorts that any loss, damage, liability or expense is not covered by
reason of this clause it shall be for the Reassured to prove the contrary.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 不適用
商品名稱:新安東京海上產物共保附加條款
核准日期及文號 中華民國 96 年 8 月 17 日新安東京海上 98 字第 0465 號函備查
條款內容
本保險契約由下列保險公司聯合共保,各保險公司按其承保比例分別且獨立對被
保險人負保險責任。本保險契約相關作業事項由新安東京海上產物保險股份有限
公司主辦之,相關之作業事項如保單之簽發,或損失發生時之理賠辦理均由其主
辦負責之。各共保公司之承保比例如下:
(一)xxxxxxxxxx產物保險股份有限公司 承保比例xx﹪
保險單號碼:
批單號碼 :
應收保險費:
(二)xxxxxxxxxx產物保險股份有限公司 承保比例xx﹪
保險單號碼:
244
批單號碼 :
應收保險費:
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表 請洽本公司
商品名稱:Co-insurance Clause
核准日期及文號 中華民國 96 年 8 月 17 日新安東京海上 98 字第 0466 號函備查
條款內容
The term Company wherever it appears in this policy shall mean the Companies named
below.
The ability of the Companies shall in no case exceed in respect of any insured item the
sum insured thereon nor in all the total sum insured. The liability of each Company
named below shall be limited to the percentage set against its name of such amounts as
any become payable under this Policy.
Tokio Marine Newa Insurance Company, Limited as the leading company has been
authorized by the other coinsurer to deal with all matters relating to this Policy
including all decisions made by the leading company and all agreements reached
between the Assured and the leading company shall be binding on the other coinsurer.
Any notice given verbally or in writing by the Assured to the Leading Company shall be
deemed to have given to the other coinsurer also.
XXXXXXX Insurance Co. Ltd.
Endorsement No.:
Percentage Assumed: WW%
YYYYYYY Insurance Co., Ltd.
Endorsement No.:
Percentage Assumed: ZZ%
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:ERRORS AND OMISSIONS CLAUSES (LSW 321)
核准日期及文號
245
98 年 08 月 19 日新安東京海上 98 字第 0471 號函備查
條款內容
No unintentional delay, omission or error related to this contract shall release the parties
hereto from the liability that otherwise would be applicable by virtue of this insurance, if
such delay, omission or error would not have been incurred, provided that it is rectified
as soon as possible once it has been discovered.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:CLAIMS CONTROL CLAUSE (CARGO)
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0472 號函備查
條款內容
In respect of claims, this reinsurance shall follow all settlements in accordance with the
provisions listed below:
a) In respect of all claims up to $XXX (100% amount) recoverable under the original
policy, the Reinsurer hereunder agrees to follow the settlements of the Reassured
and hereby agrees to settle claims on a monthly bordereaux without production of
documents. Should such claims occur frequently than the Reinsurer must be
informed immediately. Excluding any ‘ex-gratia’ settlements or ‘without
prejudice’ settlements.
b) The Reassured hereby undertakes to give immediate written notice to the Reinsurer
of any loss or occurrence which may give rise to a claim hereunder of more than $
XXX (100% amount) as soon as they themselves become aware of same and in
such event will co-operate fully with the Reinsurers in the settlement of such a
claim. In no case will the Reassured make any admission of liability or payment
under the original policy without the prior consent of the Reinsurer.
c) The Reinsured shall furnish the Reinsurer with all information known to the
Reinsured respective claims or possible claims notified in accordance with (b)
above and shall thereafter keep the Reinsurer fully informed as regards all
developments relating threreto as soon as they occur.
d) The Reinsured shall co-operate fully with the Reinsurer and any other person
designated by the Reinsurer in the investigation adjustment and settlement of any
claim notified to the Reinsurer as aforesaid and the Reinsured shall not without
consulting the Reinsurer litigate any such claim.
246
Excluding absolutely ex-gratia settlements or settlements without prejudice unless
specifically approved by the Reinsurer
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:CONSOLIDATION AND PACKAGING CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0473 號函備查
條款內容
It is hereby understood and agreed that notwithstanding anything contained elsewhere
herein to the contrary (particularly the Warehouse-to-Warehouse and Marine Extension
Clauses), the insurance provided hereunder shall cover property while on premises of the
Assured, freight forwarders, consolidators, truckers, warehousemen or others for the
purpose of storage, consolidation, deconsolidation, containerization, decontainerization,
distribution, redistribution or otherwise anywhere in the world whether prior to loading
and/or after discharge from overseas conveyance or at any transhipment point for a
period not exceeding XXX (XXXX) days after arrival at such premises. The Assured's
interest being at all times admitted regardless of terms of purchase and/or sale. Held
covered in the event of delay in excess of the above time limit at additional premium, if
any, to be agreed.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:CONTROL OF DAMAGED MERCHANDISE CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0474 號函備查
條款內容
In case of damage caused by an insured peril and notwithstanding the Brands Clause or
Labels Clause, the Assured or their agents shall have the sole right to the possession and
control of the damaged property and shall have the right to payment of the insured value
of that consignment or the affected part thereof. Such property shall then be destroyed
or alternatively dispatched, at Assurers' risk and expense to the supplier's, manufacturer's
or Assured's (including agents or associated companies) facility, as necessary for survey
and testing as to suitability for sale. The Assured's decision as to suitability to be
accepted by Assurers whose representative shall be present at the survey, all expenses
involved being for the Assurers' account and any salvage recoverable by the Assured
shall be applied against the total loss.
個人保險商品預定費用率 不適用
247
短期費率表或保費退費係數表
請洽本公司
商品名稱:D.I.C., INCREASED VALUE, CONTINGENCY CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0475 號函備查
條款內容
It is agreed that shipments purchased C.I.F., or on other terms including insurance, or
shipments insured and carried under tariffs providing insurance are covered hereunder,
subject to any or all of the following clauses:
A. Difference in Conditions
This insurance is to cover the risks not covered in the policy furnished by the shipper or
carrier or others but which would be covered had the insurance been originally declared
hereunder.
B. Increased Value
This insurance is to cover any difference between the value insured in the policy furnished by
the shipper or carrier or others and the value which would have been declared in accordance
with valuation clauses herein. Also to cover such proportion of excess General Average
and/or Salvage Charges as shall not be recoverable under the insurance furnished by the
shipper, but these Assurers shall not be liable for a greater proportion of such charges than the
value insured hereunder (less a Particular average for which these Assurers are liable) bear to
the difference between the value insured under the insurance provided by the shipper or
carrier and the contributory value or to the total value insured against excesses if the total
value insured against excesses exceeds such difference.
C. Contingency
This policy is extended to cover the interest of the Assured in shipments bought or sold
on terms which do not require the Assured to provide insurance.
Property insured under this clause shall be valued at the Assured's invoice amount.
In the event of non-payment, these Assurers agree, in the event of physical loss or
damage to the property insured, to advance as a loan such sum as would be recoverable
under this policy had the property been insured according to the terms of this policy
customarily used in respect of the property at risk. Such loan to be repayable only in the
event of payment to the Assured or to the extent of any recovery received by the Assured
from the insurance of the buyer or otherwise.
248
With respect to any claim presented and paid under this clause, the Assurer will only
proceed with subrogation against the consignee with the written permission of the
Assured.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:DELAY IN OPENING CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0476 號函備查
條款內容
In the event of delay in opening cases, packages, crates, containers, etc. any loss or
damage discovered in opening after arrival at final destination shall be deemed to have
occurred in transit and shall be paid accordingly unless proof conclusive to the contrary
be established.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:DUTY & COLLECT FREIGHT CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0477 號函備查
條款內容
This insurance also covers, subject to policy terms of average, the risk of partial loss by
reason of perils insured against on the duties and/or excise taxes imposed on goods
and/or collect freight and insured hereunder, it being understood and agreed, however,
that when the risk upon the goods continues beyond the time of landing from the
overseas vessel, the increased value, consequent upon the payment of such duties, shall
attach as an additional insurance upon the goods from the time such duty is paid or
becomes due, to the extent of the amounts thereof actually paid or payable.
Any limit of liability expressed in this insurance shall be applied separately to such
increased value.
The Assured will, in all cases, use reasonable efforts to obtain abatement or refund of
duties paid or claimed in respect of goods lost, damaged or destroyed. It is further
agreed that the Assured shall, when these Assurers so elect, surrender the merchandise to
the customs authorities and recover duties thereon as provided by law, in which event the
claim under this policy shall be only for a total loss of the merchandise as surrendered
249
plus expenses.
This insurance on duty, excise taxes, collect freight, and/or increased value shall
terminate at the end of the transit movement covered under this insurance, but nothing
contained in these clauses shall alter or affect coverage granted elsewhere in the policy
during the storage or transit subsequent thereto.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:EXTRA EXPENSE CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0478 號函備查
條款內容
It is understood and agreed that where extra expenses are incurred to destroy or
otherwise dispose of the damaged goods, or where extra expenses are incurred to
discharge from the vessel and/or craft and/or conveyance or to forward property to
original or substitute final destination such expenses will be recoverable in full in
addition to the damage to the insured interest. Assurers shall not be liable under this
coverage for more than XX% of the insured value of the goods insured not to exceed the
limit of liability provided elsewhere herein.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
6 商品名稱:INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE
(CONRAD)
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0479 號函備查
條款內容
This clause shall be paramount and shall override anything contained in this insurance
inconsistent therewith.
1. In no case shall this insurance cover loss, damage, liability or expense directly or
indirectly caused by or contributed to by or arising from:
1.1 ionizing radiations from or contamination by radioactivity from any nuclear fuel or
from any nuclear waste or from the combustion of nuclear fuel;
1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of
250
any nuclear installation, reactor or other nuclear assembly or nuclear component
thereof;
1.3 any weapon of war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:INSTITUTE STRIKES RIOTS AND CIVIL COMMOTIONS CLAUSES
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0480 號函備查
條款內容 1. This insurance covers loss of or damage to the property hereby insured caused by
(a) strikers, locked-out workmen, or persons taking part in labour disturbances,
riots or civil commotions;
(b) persons acting maliciously.
2. Warranted free of
(i) loss or damage proximately caused by
(a) delay, inherent vice or nature of the property hereby insured;
(b) the absence, shortage or withholding of labour of any description
whatsoever during any strike, lock out, labour disturbance, riot or civil
commotion;
(ii) any claim for expenses arising from delay, except such expenses as would be
recoverable in principle in English law and practice under York-Antwerp Rules,
1974;
(iii) loss or damage caused by hostilities warlike operations civil war, or by revolution
rebellion insurrection or civil strife arising therefrom.
3. This insurance attaches from the time the goods leave the warehouse or place of
storage at the place named in the policy for the commencement of the transit,
continues during the ordinary course of transit and terminates either on delivery.
(a) to the consignees' or other final warehouse or place of storage at the destination
named in the policy.
(b) to any other warehouse or place of storage, whether prior to or at the destination
named in the policy, which the Assured elect to use either.
(i) for storage other than in the ordinary course of transit, or
(ii) for allocation or distribution.
or (c) on the expiry of 60 days after completion of discharge overside of the goods
hereby insured from the oversea vessel at the final port of discharge.
whichever shall first occur.
If, after discharge overside from the oversea vessel at the final port of discharge, but
prior to termination of this insurance, the goods are to be forwarded to a destination
other than that to which they are insured hereunder, this insurance whilst remaining
subject to termination as provided for above, shall not extend beyond the
commencement of transit to such other destination.
This insurance shall remain in force (subject to termination as provided for above and
to the provisions of Clause 4 below) during delay beyond the control of the Assured,
any deviation, forced discharge, reshipment or transhipment and during any variation
251
of the adventure arising from the exercise of a liberty granted to shipowners or
charterers under the contract affreightment.
4. If owing to circumstances beyond the control of the Assured either the contract of
affreightment, is terminated at a port or place other than the destination named
therein or the adventure is otherwise terminated before delivery of the goods as
provided for in Clause 3 above, then, subject to prompt notice being given to
Underwriters and to an additional premium if required, this insurance shall remain in
force until either
(i) the goods are sold and delivered at such port or place, or, unless otherwise
specially agreed, until the expiry of 60 days after completion of discharge
overside of the goods hereby insured from the oversea vessel at such port or
place, whichever shall first occur,
or (ii) if the goods are forwarded within the said period of 60 days (or any agreed
extension thereof)to the destination named in the policy or to any other
destination, until terminated in accordance with the provisions of Clause 3
above.
5. General Average and Salvage Charges payable (subject to the terms of these clauses)
according to Foreign Statement of York-Antwerp Rules if in accordance with the
contract of affreightment.
6. Claims for loss or damage within the terms of these clauses shall be payable without
reference to conditions of average.
7. Held covered at a premium to be arranged in case of change of voyage or of any
omission or error in the description of the interest vessel or voyage.
8. It is a condition of this insurance that the Assured shall act with reasonable despatch
in all circumstances within their control.
NOTE- It is necessary for the Assured when they become aware of an event which is
"held covered" under this insurance to give prompt notice to underwriters and the right
to such cover is dependent upon compliance with this obligation.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:INSTITUTE WAR CLAUSES (CARGO) 11/3/80
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0481 號函備查
條款內容 1. This insurance covers
1.1 the risks excluded from the Standard Form of English Marine Policy by the clause
"Warranted free of capture, seizure, arrest, restraint or detainment, and the
consequences thereof or of any attempt thereat; also from the consequences of
hostilities or warlike operations, whether there be a declaration of war or not;
but this warranty shall not exclude collision, contact with any fixed or floating
object (other than a mine or torpedo), stranding, heavy weather or fire unless
caused directly (and independently of the nature of the voyage or service which
252
the vessel concerned or, in the case of a collision, any other vessel involved
therein, is performing) by a hostile act by or against a belligerent power; and
for the purpose of this warranty "power" includes any authority maintaining
naval, military or air forces in association with a power. Further warranted
free from the consequences of civil war, revolution, rebellion, insurrection, or
civil strife arising therefrom, or piracy.
1.2 loss of or damage to the interest insured caused by
1.2.1 hostilities, warlike operations, civil war, revolution, rebellion, insurrection or
civil strife arising therefrom
1.2.2 mines, torpedoes, bombs or other engines of war
1.3 general average and salvage charges incurred for the purpose of avoiding, or in
connection with the avoidance of, loss by a peril insured against by these
clauses. General average and salvage changes payable according to Foreign
Statement or to York-Antwerp Rules if in accordance with the contract of
affreightment.
2. This insurance excludes
2.1 any claim based upon loss of, or frustration of, the insured voyage or adventure
caused by arrests restraints or detainments of Kings Princes Peoples Usurpers
or persons attempting to usurp power
2.2 loss damage or expense arising from any hostile use of any weapon of war
employing
atomic or nuclear fission and/or fusion or other like reaction or radio-active
force or matter
2.3 loss or damage covered by the Standard Form of English Marine Policy with the
Free of Capture etc. Clause (as quoted in 1.1 above) inserted therein
2.4 loss or damage proximately caused by delay inherent vice or loss of market, or
any claim for expenses arising from delay except such expenses as would be
recoverable in principle in English law and practice under York-Antwerp
Rules.
3. Claims recoverable shall be payable irrespective of percentage.
4. This insurance, except for the risks of mines and derelict torpedoes, floating or
submerged, referred to in Clause 5 below.
4.1 attaches only as the interest insured and as to any part as that part is loaded on an
oversea vessel and
4.2 terminates, subject to 4.5 and 4.6 below, either as the interest and as to any part as
that part is discharged from an oversea vessel at the final port or place of
discharge,
or
on expiry of 15 days counting from midnight of the day of arrival of the vessel
at the final port or place of discharge, whichever shall first occur;
nevertheless,
subject to prompt notice to the Underwriters and to an additional premium,
such insurance
4.3 reattaches when, without having discharged the interest at the final port or place
of discharge, the vessel sails therefrom, and
4.4 terminates, subject to 4.5 and 4.6 below, either as the interest and as to any part as
that part is thereafter discharged from the vessel at the final (or substituted)
port or place of discharge, or
on expiry of 15 days counting from midnight of the day of re-arrival of the vessel
at the final port or place of discharge or arrival of the vessel at a substituted
port or place of discharge, whichever shall first occur.
4.5 If during the insured voyage the oversea vessel arrives at an intermediate port or
253
place to discharge the interest for on-carriage by another oversea vessel, such
insurance terminates on expiry of 15 days counting from midnight of the day of
arrival of the vessel at the intermediate port or place, but reattaches as the
interest and as to any part as that part is loaded on the on-carrying oversea
vessel. During the period of 15 days such insurance remains in force after
discharge only whilst the interest and as to any part as that part is at such
intermediate port or place of discharge. If the insurance reattaches, it thereafter
terminates in accordance with 4.2.
4.6 If the voyage in the contract of carriage is terminated at a port or place other than
the destination agreed therein, such port or place shall be deemed the final port
of discharge and such insurance terminates in accordance with 4.2. If the
interest is subsequently reshipped to the original or any other destination. then,
provided notice is given to the Underwriters before the commencement of
such further transit and subject to an additional premium, such insurance
reattaches
4.6.1. in the case of the interest having been discharged, as the interest and as to any
part as that part is loaded on the on-carrying oversea vessel for the voyage;
4.6.2. in the case of the interest not having been discharged, when the vessel sails
from such deemed final port of discharge; thereafter such insurance terminates
in accordance with 4.4.
(For the purpose of Clause 4
"arrival" shall be deemed to mean that the vessel is anchored, moored or otherwise
secured at a berth or place within the Harbour Authority area. If such a berth or place is
not available, arrival is deemed to have occurred when the vessel first anchors, moors or
otherwise secures either at or off the intended port or place of discharge).
5. The insurance against the risks of mines and derelict torpedoes, floating or
submerged,
5.1 attaches as the interest and as to any part as that part is first loaded on vessel or
craft after such interest leaves the warehouse or place of storage at
the place named in the insurance for the commencement of the transit and
5.2 terminates either
5.2.1 as the interest and as to any part as that part is discharged finally from vessel or
craft prior to delivery to the warehouse or place of storage at the destination
named in the insurance, or at a substituted destination in the event of a change
of voyage agreed to by the Underwriters, or,
5.2.2 when, before the interest is discharged finally from vessel or craft prior to
delivery to the warehouse or place of storage at the destination named in the
insurance, or at a substituted destination in the event of a change of voyage
agreed to by the Underwriters, the voyage or transit in the contract of carriage
is terminated at a port or place other than the destination agreed therein;
nevertheless, subject to prompt notice to the Underwriters and to an additional
premium if required, such insurance reattaches, and thereafter terminates either
5.2.2.1. as the interest and as to any part as that part is discharged from vessel or craft
prior to sale and delivery at such port or place or,
5.2.2.2. unless otherwise specially agreed by the Underwriters, on the expiry of 60 days
whilst afloat after completion of discharge overside of the interest from an
oversea vessel at such port or place, whichever shall first occur,
If the interest is forwarded within the 60 days (or any agreed extension thereof)
to the destination named in the insurance or to any other destination, then,
subject to prompt notice to the Underwriters and to an additional premium,
such insurance remains in force until terminated as the interest and as to any
part as that part is discharged finally from vessel or craft prior to delivery to
the warehouse or place of storage at the destination named in the insurance,
or at a substituted destination in the event of a change of voyage agreed to by
254
the Underwriters.
(For the purpose of Clause 4 and Clause 5)
"oversea vessel" shall be deemed to mean a vessel carrying the interest from one port or
place to another where such voyage involves a sea passage by that vessel)
6. Anything contained in this contract which is inconsistent with Clause 2.1, 2.2, 4 or 5
shall, to the extent of such inconsistency, be null and void.
7. Subject to prompt notice to the Underwriters and to an additional premium, the
interest is held covered within the provisions of these clauses in the case of
7.1 change of or deviation from the voyage
7.2 variation of the adventure by reason of the exercise of any liberty granted to
the shipowner or charterer under the contract of affreightment.
8. It is a condition of this insurance that the Assured shall act with reasonable despatch
in all circumstances within their control.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:INTERMEDIARY CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0482 號函備查
條款內容
XXX (company name), are hereby recognized as the Intermediary negotiating this
agreement and all correspondence, notices, endorsements, premiums and claims shall be
handled by them trough their offices at XXX (address of company).
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:LOADING SURVEY CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0483 號函備查
條款內容
Including pipe line risk at both ends.Including the risks of explosion and contamination
irrespective of percentage.Warranted that no transhipment is allowed.Notwiths tanding
anything contained in the Transit Clause of The Institute Cargo Clauses to the contrary, it
is understood and agreed that this insurance attaches from the time the goods have
passed the coupling of the pipe of shore tank at the port of shipment and continues
thereafter as stipulated in the said clause,until the goods are discharged into the
consignee`s or other shore tank at the port of destination named in the policy.
Requirements for survey and analysis prior to commencement of voyage.
255
warranted by the Assured that
(1)
(2)
(3)
(4)
the ship`s (including loading coastal tanker &/or barge) tands be cleaned,tested and
approved prior to loading of the goods,
the goods shall be analyzed, gauged and weighed at port of loading (including the
port of loading into coastal tanker &/or barge)
tanks of loading coastal tanker &/or barge be cleared out and dried up in full at
completion of loading of the goods onto overseas vessel and
the satisfactory certificates as to above mentioned survey and analysis be given by
LLOYD`S or other Authorized Surveyor
Requirements for survey after arrival at port of discharge
Warranted that
(1)
(2)
(3)
Our Authorized Surveyor shall take sample of the goods at time of discharge and
shall generally supervise the weighing, gauging, measuring and other oparation for
determination of condition of the goods either prior to or during or, at completion of
discharge from the overseas vessel,
the ship`s tanks be cleared out and dried up in full at completion of discharge from
the overseas vessel into shore tand and
the satisfactory certificates as to above mentioned surveys
be given by our Authorized Surveyor.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:LOCATION CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0484 號函備查
條款內容
Notwithstanding anything contained herein to the contrary (except for coverage against
war risk), it is specifically understood and agreed that this insurance shall attach from the
time of the goods are carried into the locations/warehouses specified below or place of
storage designated by the Assured worldwide as per following schedule of locations for
the purpose of export/import, for storage other than in the ordinary course of transit or
for allocation or distribution thereat. The storage period provided by this insurance shall
in no case exceed XX days. After carried from locations/warehouses, this cover
also continuously insured an ordinary of transit from the name of
locations/warehouse to the Assured assigned finial destination or termination.
256
The Schedule of Location Limit
Name of
Warehouse/Hubs
Address of Location Country Max. Limit/
per location
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:POLITICAL RISKS CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0485 號函備查
條款內容
This clause shall override anything contained in this insurance inconsistent therewith:
Altering the written terms and conditions of this policy with regard to the insurance of
political perils (such as war, civil war or war-like events, confiscation, forfeiture or
sovereign intervention, strike, lock-outs, industrial unrest, terrorism, civil unrest or other
such civil commotion) irrespective as to whether these have been agreed in writing or in
form of printed standard terms and conditions (e.g. DTV German General Rules of
Marine Insurance Special Conditions for Cargo, ADS Cargo 1973 edition 1984, or ICC
Conditions) the Insurer may cancel these risks globally under observation of a
cancellation period of 48 hours, in as far as in insured transport and/or storage has not
yet commenced. The cancellation shall become effective with the lapse of the above
mentioned deadline commencing at midnight on that day on which the notification of
cancellation was received by the Insured. Cancellation by the leading Insurer shall
simultaneously apply to all participating Insurers.
Insurance covers shall be granted for a maximum period of XXX days for storage that
has commenced prior to the receipt of notification of cancellation and for storage that is
insured under the above mentioned insurance of political perils.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:PROFIT COMMISSION ENDORSEMENT
257
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0486 號函備查
條款內容
Subject to continuation of this policy for the ensuing twelve (12) months after each
twelve (12) months anniversary, the company agrees to return to the Assured a profit
commission as XX% of the net ascertained profit in respect of this policy year.
The net ascertained profit shall be calculated by deducting the “debit” from the
“credit” as follows:
CREDIT
YY% of gross marine premium less all return of premium.
DEBIT
(1) All paid claims and related expenses less any salvage and recoveries occurring on
shipments made during the policy year.
(2) Underwriters‘ reserves for all claim outstanding and related expenses occurring
on shipments made during the policy year.
Profit commission will be paid at following calculations:
「( Credit – Debit)× XX%」= Profit commission
An initial adjustment under this Profit Sharing Agreement shall be made on or about six (6)
months following the policy year concerned. Subsequent additional adjustments shall be made
with respect to each policy year on or about the anniversary of each respective initial
adjustment, which shall take into consideration claim payments or reserves and all recoveries
received subsequent to the last adjustment.
Premiums losses reserves and recoveries as recorded in this Company‘s records shall be
accepted by the Assured for the purpose of Profit Sharing Calculations.
No profit share shall be paid for the prior year following cancellation of this Policy.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:RETURNED OR REFUSED SHIPMENTS CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0487 號函備查
258
條款內容
Subject to the original insuring conditions, this policy shall cover goods refused and/or
returned by Consignees or which remain at the risk of the Assured beyond the normal
course of transit until disposed of by the Assured by return to the place of shipment or
otherwise.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:SECONDHAND MACHINERY REPLACEMENT CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0488 號函備查
條款內容
In the event of a claim for loss or damage to any part of the insured interest in
consequence of a peril covered by the policy, the amount recoverable hereunder shall not
exceed such proportion of the cost of replacement of the parts lost or damaged as the
insured value bears to the value of a new machine plus additional charges for forwarding
and refitting the new parts if incurred.
Provided always that in no case shall the liability of Underwriters exceed the insured
value of the complete machine.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:SIMULTANEOUS PAYMENT CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0489 號函備查
條款內容
In the event of a Claim under this policy the insured agrees that payment shall take place
only simultaneously with settlement of XXX (Assured) with respect to the Limits of
Liability set out in the Schedule of the Agreement between XXX (Insurer) and XXX
(Assured).
This clause concerns claims exceeding $XXX. 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
259
商品名稱:STORAGE RISK CLAUSE, DURATION OF COVER
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0490 號函備查
條款內容
This clause shall override anything contained in this insurance inconsistent therewith:
1. During the insured period, the cover for each storage is limited to a maximum of 60
days. This period includes the day of arrival and the day of departure as one day each.
2. Duration
2.1 The policy provides cover from warehouse to warehouse, and attaches when the
goods are removed – for immediate transport – from the place of storage.
2.2 Depending on which occurs first, the cover terminates
2.2.1. the moment the goods arrive at the place of final delivery
stipulated by the consignee;
2.2.2 the moment the goods are forwarded after discharge at the port or airport of
destination to a place of delivery not named in the policy if this change
aggravates the risk;
2.2.3. on expiry of 60 days after the goods have been discharged from the
ocean-going vessel or aeroplane at the port or airport of destination. Provided
the Assured’s own interest is involved, the policy will not terminate at the end
of the period agreed in No. 2.2.3. if –following discharge of the goods from
the ocean-going vessel or aeroplane at the port or airport of destination – an
insured peril delayed the insured voyage and the Assured reported the delay
immediately. The Insurer shall be due a reasonable additional premium that is
to be agreed.
2.2.4. if the goods are transported as per Incoterms FOB or CFR when stowed on
board an ocean-going vessel;
2.2.5. if the goods are sold when an insured peril has occurred and when risk is
passed;
2.3 In the event that the storage has not been arranged by the Assured, cover shall only
remain in force beyond the period of time stated in No. 1. when the Assured
furnishes proof that he had no knowledge of the extent of the duration of the storage,
or in accordance with commercial principles was not able to take influence on the
duration of the storage.
As soon as the Assured receives knowledge of the extent of the storage, he is obliged
to report it to the Insurer immediately. The Insurer shall be due a reasonable
additional premium that is to be agreed.
3. Storage according to No. 1. to 2.2.5. not covered by this policy can be insured by
agreement before the storage begins. The premium has to be agreed.
4. If a representative clause has been agreed, it does not apply to the conditions of this
clause.
260
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TERMINATION OF TRANSIT CLAUSE (TERRORISM)
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0491 號函備查
條款內容 This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. 1 Notwithstanding any provision to contrary contained in this Policy or
the Clauses referred to therein, it is agreed that in so far as this Policy covers loss of or damage to the subject-matter insured caused by any terrorist or any person acting from a political motive, such cover is conditional upon the subject-matter insured being in the ordinary course of transit and, in any event, SHALL TERMINATE:
either 1.1 As per the transit clauses contained within the Policy, or 1.2 on delivery to the Consignee’s or other final warehouse or place of
storage at the destination named herein,
1.3 on delivery to any other warehouse or place of storage, whether prior to or at the destination named herein, which the Assured elect to use either for storage other than in the ordinary course of transit or for allocation or distribution,
or 1.4 in respect of marine transits, on the expiry of 60 days after
completion of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge,
1.5 in respect of air transits, on the expiry of 30 days after unloading the
subject-matter insured from the aircraft at the final place of discharge, whichever shall first occur
2 If this Policy or the Clauses referred to therein specifically provide cover for inland or other further transits following on from storage, or termination as provided for above, cover will re-attach, and continues during the ordinary course of that transit terminating again in accordance with clause 1.
3 This clause is subject to English law and practice.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:UNDERWRITING CONTROL CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0492 號函備查
261
條款內容
All aspects of coverage provided for hereunder are subject to the underwriting control of
the Reinsurer hereon and the Reassured shall not make any alterations to the original
policy without the prior approval of the Reinsurer.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:UNEXPLAINED SHORTAGE CLAUSE
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0493 號函備查
條款內容
This insurance is also specially to cover unexplained shortages of property insured
shipped in sealed container(s) whether or not the original seals are intact upon
arrival at the final destination, provided that:
A. the coverage for the shipment includes loss caused by theft;
B. the Assured makes every attempt to recover the loss from anyone who may have
been responsible for the shortage through involvement in stuffing the container.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:USA ENDORSEMENT USEN 91
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0494 號函備查
條款內容
This reinsurance shall be subject to the Institute Radioactive Contamination Exclusion
Clause 1/10/90, provided that:
Fire is one of the insured perils.
The insured property, or in case of reinsurance, the property insured in the original insurance
is within the territory of the United States of America, its isles, territories and possessions.
Fire is derived from one of the causes as detailed in subitems 1.1 and 1.2 of the Institute
Radioactive Contamination Exclusion Clause 1/10/90.
Any loss or damage directly caused by fire, subject to that foreseen in this reinsurance,
262
shall be covered with the exception of damage, liability or expense caused by nuclear
reaction or radioactive contamination directly or indirectly caused by such fire.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物貨物運輸保險內陸運輸(A)附加條款
Inland Cargo Transit Clauses(A)
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0495 號函備查
條款內容
一、保險期間
本保險自保險標的物離開本保險單所載地點之倉庫或儲存處所啟運時生效,經
正常之運輸路程,以迄運抵保險單載明之目的地卸載完畢時為止。
二、承保範圍
本保險對保險標的物因意外事故所致之毀損或滅失負賠償責任。但下列第三條
之約定除外。
三、除外事項
本公司對下列事項不負賠償責任:
(一)由於被保險人之故意或不當行為所致之毀損滅失或費用。
(二)保險標的物之正常漏損、重量或容量之正常減少或自然耗損。
(三)由於被保險人對保險標的物包裝或配置之不固或不當所致之毀損滅失
或費用。
(四)由於被保險人對貨物裝載違反道路交通安全規則所致之毀損滅失或費
用。
(五)由於保險標的物之固有瑕疵或本質所致之毀損滅失或費用。
(六)直接由於遲延所致之毀損滅失或費用,即使此項遲延係因承保事故所致
者。
(七)由於運送人之無力償債或財務糾紛所致之毀損滅失或費用。
(八)由於戰爭、內戰、革命、叛亂、罷工、暴動、民眾騷擾或類似行為所致
之毀損滅失或費用。
(九)由於使用原子或核子武器所致之毀損滅失或費用。
四、保險之權益
運送人或其他受託人不得享受本保險之權益。
五、被保險人之義務
(一) 被保險人及其受僱人及代理人對保險標的物之損害,應盡下列義
務:
1. 應採取避免或減輕損害之適當措施;及
2. 對於運送人、受託人或其他第三者之一切求償權利應予適當保全及
行
263
使。保險人同意除本保險可得之任何損害賠償外,對於被保險人
為履
行上述義務所作適當、合理支出之一切費用另予補償。
(二) 被保險人或保險人為救助、保護或回復保險標的物所採取之措施,
不得視
為對委付之放棄或承諾,或影響任何一方當事人之權益。
六、合理迅速之措施
被保險人在其所能控制一切情況下,應做合理而迅速之處理,為本保險之必
要條件。
七、法律及慣例
本保險依中華民國法律及慣例辦理。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物貨物運輸保險內陸運輸(C)附加條款
Inland Cargo Transit Clause (C)
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0496 號函備查
條款內容 一、保險期間
本保險自保險標的物離開本保險單所載地點之倉庫或儲存處所啟運時生效,經
正常之運輸路程,以迄運抵保險單載明之目的地卸載完畢時為止。
二、承保範圍
本保險對保險標的物因下列危險事故所致之毀損或滅失負賠償責任:
(一) 火災或爆炸。
(二) 運輸工具之翻覆、出軌或意外碰撞。
(三) 公路、鐵路、隧道、橋樑及其他交通設施發生傾塌。
三、除外事項
本保險對下列事項不負賠償責任:
(一) 颱風、洪水、海嘯、地震、閃電、火山爆發所致之毀損滅失或費用。
(二) 由於任何人之惡意行為對保險標的物全部或部份之毀損或破壞。
(三) 由於被保險人之故意不當行為所致之毀損滅失或費用。
(四) 保險標的物之正常漏損、重量或容量之正常減少或自然耗損。
(五) 由於被保險人對保險標的物包裝或配置之不固或不當所致之毀損滅失
或費用。
(六) 由於被保險人對貨物裝載違反道路交通安全規定所致之毀損滅失或費
用。
(七) 由於保險標的物之固有暇疵或本質所致之毀損滅失或費用。
(八) 直接由於遲延所致之毀損滅失或費用,即使此項遲延係因承保危險所致
者。
(九) 由於運送人之無力償債或財務糾紛所致之毀損滅失或費用。
(十) 由於戰爭、內戰、革命、叛亂、罷工、暴動、民眾騷擾或類似行為所致
264
之毀損滅失或費用。
(十一) 直接或間接由於下列原因引起或所致之毀損滅失責任或費用:
(1) 任何核子燃料、核子廢料或核子燃料燃燒所生之電離輻射或輻射污
染。
(2) 任何核子設施、反應器或其他核子裝置或其核組件之輻射、有毒、爆
炸或其他為害污染物質。
(3) 任何使用原子或核子分裂、融合或其他類似反應,輻射力或輻射物質
之戰爭武器。
四、保險之權益
運送人或其他受託人不得享受本保險之權益。
五、被保險人之義務
(一) 被保險人及其受僱人及代理人對保險標的物之損害,應盡下列義務:
1.應採取避免或減輕損害之適當措施;及
2.對於運送人、受託人或其他第三者之一切求償權利應予適當保全及行
使。
保險人同意除本保險可得之任何損害賠償外,對於被保險人為履行上述
義務所作適當,合理支出之一切費用另予補償。
(二) 被保險人或保險人為救助、保護或回復保險標的物所採取之措施,不得
視為對委付之放棄或承諾,或影響任何一方當事人之權益。
六、合理迅速之措施
被保險人在其所能控制之一切情況下,應作合理而迅速之處理,為本保險之必
要條件。
七、法律及慣例
本保險依中華民國法律及慣例辦理。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物貨物運輸保險鋼材特約(A1)附加條款
SPECIAL WARRANTY FOR STEEL PRODUCTS (A1)
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0497 號函備查
條款內容
除本保險單所約定之保險條件外,茲經雙方同意並約定履行下列事項:
一、1. 進口之數量增加、或相等,但進口重量減少時,本保險不予理賠。
2. 進口重量增加、或相等,但進口數量減少時,本保險不予理賠。
3. 進口之數量減少,重量亦減少時,依進口文件之理論重量,但若進口文件之
理論重量大於卸貨港之公證報告上所載之過磅重量時,以該公證報告上所載
之重量為理賠收據。
二、本保險單不承保因任何原因所造成之生鏽、氧化及變色之損失、毀損或費用。
三、本保險單不承保標的物與其他貨物接觸所致之毀損、滅失或費用。
四、本保險單所承保之保險標的物,於卸貨港卸貨時,被保險人應於離卸貨港最近
265
之公磅處所,會同保險公司指定之公證行作卸貨之公證,並應取得船方代表簽
認之短少證明,以憑辦理理賠手續。
五、被保險人應於保單簽發時,保證裝載之船舶非作為最後航程之解體船舶。
六、本保險單對於標的物裝運於船齡 20 年以上之逾齡船舶,其航運期間所造成之
任何毀損、滅失或費用,不負賠償責任。
七、被保險人應於標的物起運前將承運船舶之船名及開航日期以書面告知保險人。
說明:第一條第三款之“理論重量”係指提單或商業發票上所記載之重量與數量相
除之數值。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物貨物運輸保險鋼材特約(A2)附加條款
SPECIAL WARRANTY FOR STEEL PRODUCTS (A2)
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0498 號函備查
條款內容
除本保險單所約定之保險條件外,茲經雙方同意並約定履行下列事項:
一、裝船公證:
被保險人應於貨物裝船後,取得裝船之公證報告﹝該公證需由保險人指定之公
證行或 LLOYD’S 代理行為之﹞確定貨物之裝船數量、尺寸、規格及裝載情況。
該公證報告並作為被保險人求償時之必要文件,憑以確認裝運之資料。
二、1. 進口之數量增加、或相等,但進口重量減少時,本保險不予理賠。
2. 進口重量增加、或相等,但進口數量減少時,本保險不予理賠。
3. 進口之數量減少,重量亦減少時,依進口文件之理論重量,但若進口文件之
理論重量大於卸貨港之公證報告上所載之過磅重量時,以該公證報告上所載
之重量為理賠收據。
三、本保險單不承保標的物與其他貨物接觸所致之毀損、滅失或費用。
四、本保險單所承保之保險標的物,於卸貨港卸貨時,被保險人應於離卸貨港最近
之公磅處所,會同保險公司指定之公證行作卸貨之公證,並應取得船方代表簽
認之短少證明,以憑辦理理賠手續。
五、被保險人應於保單簽發時,保證裝載之船舶非作為最後航程之解體船舶。
六、本保險單對於標的物裝運於船齡 20 年以上之逾齡船舶,其航運期間所造成之
任何毀損、滅失或費用,不負賠償責任。
七、被保險人應於標的物起運前將承運船舶之船名及開航日期以書面告知保險人。
說明:第二條第三款之“理論重量”係指提單或商業發票上所記載之重量與數量相除
之數值。
266
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:新安東京海上產物貨物運輸保險鋼材特約(A)附加條款
SPECIAL WARRANTY FOR STEEL PRODUCTS (A)
核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0499 號函備查
條款內容
除本保險單所約定之保險條件外,茲經雙方同意並約定履行下列事項:
一、裝船公證:
被保險人應於貨物裝船後,取得裝船之公證報告﹝該公證需由保險人指定之公
證行或 LLOYD’S 代理行為之﹞確定貨物之裝船數量、尺寸、規格及裝載情況。
該公證報告並作為被保險人求償時之必要文件,憑以確認裝運之資料。
二、1. 進口之數量增加、或相等,但進口重量減少時,本保險不予理賠。
2. 進口重量增加、或相等,但進口數量減少時,本保險不予理賠。
3. 進口之數量減少,重量亦減少時,依進口文件之理論重量,但若進口文件之
理論重量大於卸貨港之公證報告上所載之過磅重量時,以該公證報告上所載
之重量為理賠收據。
三、本保險單不承保因任何原因所造成之生鏽、氧化及變色之損失、毀損或費用。
四、本保險單不承保標的物與其他貨物接觸所致之毀損、滅失或費用。
五、本保險單所承保之保險標的物,於卸貨港卸貨時,被保險人應於離卸貨港最近
之公磅處所,會同保險公司指定之公證行作卸貨之公證,並應取得船方代表簽
認之短少證明,以憑辦理理賠手續。
六、被保險人應於保單簽發時,保證裝載之船舶非作為最後航程之解體船舶。
七、本保險單對於標的物裝運於船齡 20 年以上之逾齡船舶,其航運期間所造成之
任何毀損、滅失或費用,不負賠償責任。
八、被保險人應於標的物起運前將承運船舶之船名及開航日期以書面告知保險人。
說明:第二條第三款之“理論重量”係指提單或商業發票上所記載之重量與數量相
除之數值。
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:72 HOURS CLAUSE (EARTHQUAKE AND FLOOD) 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022109 號函備查
267
承保範圍
a. Each loss by earthquake, volcanic action, or flood shall constitute a single loss hereunder.
(1) If more than one earthquake shock or volcanic action occurs within any period of 72
hours during the term of this policy, the beginning of which 72-hour period may be
determined by the Insured: or
(2) If any flood occurs within a period of the continued rising or overflow of any river(s) or
stream(s) and the subsidence of same within the banks of such river(s) or stream(s); or
(3) If any flood results from any tidal wave or series of tidal waves cause b any one
disturbance.
Such earthquake shocks, volcanic action, or flood shall be deemed to be a single occurrence
within the meaning of this policy.
b. Should any time period referred to in “a”above extend beyond the expiration date of this
policy and commence prior to expiration the Company shall pay all such earthquake, volcanic
action, or flood losses occurring during such period as if such period fell entirely within the
term of this policy.
The Company shall not be liable, however, for any loss caused by earthquake shock,
volcanic action, or flood occurring before the effective date and time or commencing
after the expiration date and time of this policy.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:ACCUMULATION CLAUSE (LOCATIONS) 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022110 號函備查
承保範圍
In the event that the amount at risk in any one location exceeds the limit expressed
above, losses will be indemnified on first loss basis up to the amount of such limit.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:BRAND PROTECTION CLAUSE
268
核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022111 號函備查
承保範圍
The assured has a duty to avoid and /or to minimize loss and/or damage to the cargo
hereby insured. In case the cargo hereby insured sustains loss and/or damage by
perils insured against during the period insured and when, in order to effect repair or
recondition of the cargo, the necessary repair/recondition charges exceed the insured
value and thus the cargo constitute a constructive total loss. The insurer shall pay
total loss and obtain the remaining cargo by way of subrogation. However, if the
assured, exercising a reasonable discretion, decides that the cargo in the above case
will not be fit or suitable for marketing and that the cargo should be destroyed under
their responsibility, the insurer shall agree to the assured’s decision and shall waive the
right of subrogation.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱: CONCEALED DAMAGE CLAUSE 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022112 號函備查
承保範圍
It is understood and agreed that in respect of shipments insured hereunder which are
received at destination but not unpacked, this policy is extended to cover losses
arising from perils insured against while in transit, which are not ascertained until the
opening of the packages, provided such opening occurs not later than XXXX (XX)
days after arrival at destination and, in the absence of proof to the contrary, such
losses are to be considered as having occurred during the voyage covered under this
policy.
It is further agreed by the Insured that any package showing signs of damage on
arrival shall be inspected immediately and normal claims procedure adopted.
Nothing contained herein, however, shall be construed to limit the coverage elsewhere
provided herein.
不保事項
同主保險契約
個人保險商品預定費用率
269
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:DEBRIS REMOVAL CLAUSE 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022113 號函備查
承保範圍
This insurance is extended to cover, in addition to any other amount recoverable under
this insurance, extra expenses by the Assured for the removal and disposal of debris of
the subject-matter insured, or part thereof, by reason of damage thereto caused by an
insured risk.
In no case shall this Company be liable under this Clause for more than xx % of the
value of the damaged part of the subject-matter, actual cost or aggregate policy limit
of xxxxx, whichever is lower per any one accident.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:INSTITUTE STRIKES CLAUSE ( AIR CARGO) 1/1/2009 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022114 號函備查
承保範圍
1. This insurance covers, except as excluded by the provisions of Clauses 3 below, loss
of or damage to the subject-matter insured caused by
1.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots
or civil commotions
1.2 any act of terrorism being an act of any person acting on behalf of, or in
connection with, any organisation which carries out activities directed towards
the overthrowing or influencing, by force or violence, of any government whether
or not legally constituted
1.3 any person acting from a political, ideological or religious motive.
2. This insurance covers salvage charges incurred to avoid or in connection with the
avoidance of loss from any cause except those excluded in Clause 3 below.
不保事項
3. In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
8 3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear
9 of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing or
270
preparation of the subject-matter insured to withstand the ordinary incidents of
the insured transit where such packing or preparation is carried out by the
Assured or their employees or prior to the attachment of this insurance (for the
purpose of this Clause 3.3 “packing” shall be deemed to include stowage in a
container and “employees” shall not include independent contractors)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured
3.5 loss damage or expense arising from unfitness of aircraft conveyance or
container for the safe carriage of the subject-matter insured, where loading
therein or thereon is carried out prior to attachment of this insurance or by the
Assured or their employees and they are privy to such unfitness at the time of
loading. This exclusion shall not apply where the contract of insurance has
been assigned to the party claiming hereunder who has bought or agreed to
buy the subject-matter insured in good faith under a binding contract.
3.6 loss damage or expense caused by delay, even though the delay be caused by
a risk insured against
3.7 loss damage or expense caused by insolvency or financial default of the owners
managers charterers or operators of the aircraft where, at the time of loading of
the subject-matter insured on board the aircraft, the Assured are aware, or in
the ordinary course of business should be aware, that such insolvency or
financial default could prevent the normal prosecution of the transit
This exclusion shall not apply where the contract of insurance has been
assigned to the party claiming hereunder who has bought or agreed to buy the
subject-matter insured in good faith under a binding contract
3.8 loss damage or expense arising from the absence shortage or withholding of
labour of any description whatsoever resulting from any strike, lockout,
labour disturbance, riot or civil commotion
3.9 any claim based upon loss of or frustration of the transit or adventure
3.10 loss damage or expense directly or indirectly caused by or arising from the
use of any weapon or device employing atomic or nuclear fission and/or
fusion or other like reaction or radioactive force or matter
3.11 loss damage or expense caused by war civil war revolution rebellion
insurrection, or civil strife arising therefrom, or any hostile act by or against
a belligerent power.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:INSTITUTE STRIKES CLAUSE (CARGO) 1/1/2009 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022115 號函備查
承保範圍
1. This insurance covers, except as excluded by the provisions of Clauses 3 and 4
below, loss of or damage to the subject-matter insured caused by
1.1 strikers, locked-out workmen, or persons taking part in labour disturbances,
riots or civil commotions
1.2 any act of terrorism being an act of any person acting on behalf of, or in
connection with, any organisation which carries out activities directed
towards the overthrowing or influencing, by force or violence, of any
government whether or not legally constituted
1.3 any person acting from a political, ideological or religious motive.
Risks
271
2. This insurance covers general average and salvage charges, adjusted or determined
according to the contract of carriage and/or the governing law and practice,
incurred to avoid or in connection with the avoidance of loss from a risk covered
under these Clauses.
General Average
不保事項
3. In no case shall this insurance cover
loss damage or expense attributable to wilful misconduct of the Assured
10 3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of
11 the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing or
preparation of the subject-matter insured to withstand the ordinary incidents of
the insured transit where such packing or preparation is carried out by the
Assured or their employees or prior to the attachment of this insurance (for the
purpose of this Clause Clauses “packing” shall be deemed to include stowage in
a container and “employees” shall not include independent contractors)
3.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured
4. 3.5 loss damage or expense caused by delay, event though the delay be caused by a
risk insured against (except expenses payable under Clause 2 above)
3.6 loss damage or expense caused by insolvency or financial default of the owners
managers charterers or operators of the vessel where, at the time of loading of the
subject-matter insured on board the vessel, the Assured are aware, or in the
ordinary course of business should be aware, that such insolvency or financial
default could prevent the normal prosecution of the voyage.
This exclusion shall not apply where the contract of insurance has been assigned
to the party claiming hereunder who has bought or agreed to buy the
subject-matter insured in good faith under a binding contract
3.7 loss damage or expense arising from the absence shortage or withholding of
labour of any description whatsoever resulting from any strike, lockout, labour
disturbance, riot or civil commotion
3.8 any claim based upon loss of or frustration of the voyage or adventure
3.9 loss damage or expense directly or indirectly caused by or arising from any
hostile use of any weapon or device employing atomic or nuclear fission and/or
fusion or other like reaction or radioactive force or matter.
3.10 loss damage or expense caused by war civil war revolution rebellion insurrection,
or civil strife arising therefrom, or any hostile act by or against a belligerent power.
4. 4.1 In no case shall this insurance cover loss damage or expense arising from
4.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the
safe carriage of the subject-matter insured, where the Assured are privy
to such unseaworthiness or unfitness, at the time the subject-matter
insured is loaded therein
4.1.2 unfitness of container or conveyance for the safe carriage of the
subject-matter insured, where loading therein or thereon is carried out
prior to attachment of this insurance or by the Assured or their
employees and they are privy to such unfitness at the time of loading.
4.2 Exclusions 4.1.1 above shall not apply where the contract of insurance has been
assigned to the party claiming hereunder who has bought or agreed to buy the
subject-matter insured in good faith under a binding contract.
4.3 The Insurers waive any breach of the implied warranties of seaworthiness of the
272
ship and fitness of the ship to carry the subject-matter insured to destination.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:INSTITUTE WAR CLAUSE (AIR CARGO)(excluding sending
by Post)1/1/2009 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022116 號函備查
承保範圍
1 This insurance covers, except as excluded by the provisions of Clauses 3 below,
loss of or damage to the subject-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered
under 1.1 above, and the consequences thereof or any attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
2 This insurance covers salvage charges incurred to avoid or in connection with the
avoidance of loss from any cause except those excluded in Clauses 3 below.
不保事項
3 In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing
or preparation of thesubject-matter insured to withstand the ordinary
incidents of the insured transit where such packing or preparation is carried
out by the Assured or their employees or prior to the attachment of this
insurance (for the purpose of these Clauses "packing" shall be deemed to
include stowage in a container and "employees" shall not include
independent contractors)
3.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
3.5 loss damage or expense arising from unfitness of aircraft conveyance or
container for the safe carriage of the subject-matter insured, where loading
therein or thereon is carried out prior to attachment of this insurance or by
the Assured or their employees and they are privy to such unfitness at the
time of loading.
This exclusion shall not apply where the contract of insurance has been
assigned to the party claiming hereunder who has bought or agreed to buy
the subject-matter insured in good faith under a binding contract.
3.6 loss damage or expense caused by delay, even though the delay be caused
by a risk insured against
3.7 loss damage or expense caused by insolvency or financial default of the
owners managers charterers or operators of the aircraft where, at the time
of loading of the subject-matter insured on board the aircraft, the Assured
are aware, or in the ordinary course of business should be aware, that such
insolvency or financial default could prevent the normal prosecution of the
273
transit.
This exclusion shall not apply where the contract of insurance has been
assigned to the party claiming hereunder who has bought or agreed to buy
the subject-matter insured in good faith under a binding contract
3.8 any claim based upon loss of or frustration of the transit or adventure
3.9 loss damage or expense directly or indirectly caused by or arising from any
hostile use of any weapon or device employing atomic or nuclear fission
and/or fusion or other like reaction or radioactive force or matter.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:INSTITUTE WAR CLAUSE (CARGO)1/1/2009 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022117 號函備查
承保範圍
1. This insurance covers, except as excluded by the provisions of Clauses 3 and 4
below, loss of or damage to the subject-matter insured caused by
1.1 war civil war revolution rebellion insurrection, or civil strife arising
therefrom, or any hostile act by or against a belligerent power
1.2 capture seizure arrest restraint or detainment, arising from risks covered
under 1.1 above, and the consequences thereof or any attempt thereat
1.3 derelict mines torpedoes bombs or other derelict weapons of war.
2. This insurance covers general average and salvage charges, adjusted or
determined according to the contract of carriage and/or the governing law and
practice, incurred to avoid or in connection with the avoidance of loss from a risk
covered under these Clauses.
不保事項
3. In no case shall this insurance cover
3.1 loss damage or expense attributable to wilful misconduct of the Assured
3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and
tear of the subject-matter insured
3.3 loss damage or expense caused by insufficiency or unsuitability of packing
or preparation of the subject-matter insured to withstand the ordinary
incidents of the insured transit where such packing or preparation is carried
out by the Assured or their employees or prior to the attachment of this
insurance (for the purpose of these Clauses “packing” shall be deemed to
include stowage in a container and “employees” shall not include
independent contractors)
3.4 loss damage or expense caused by inherent vice or nature of the
subject-matter insured
3.5 loss damage or expense caused by delay, event though the delay be caused
by a risk insured against (except expenses payable under Clause 2 above)
3.6 loss damage or expense caused by insolvency or financial default of the
owners managers charterers or operators of the vessel where, at the time of
loading of the subject-matter insured on board the vessel, the Assured are
aware, or in the ordinary course of business should be aware, that such
insolvency or financial default could prevent the normal prosecution of the
voyage.
This exclusion shall not apply where the contract of insurance has been
274
assigned to the party claiming hereunder who has bought or agreed to buy the
subject-matter insured in good faith under a binding contract
3.7 any claim based upon loss of or frustration of the voyage or adventure
3.8 loss damage or expense directly or indirectly caused by or arising from
any hostile use of any weapon or device employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter.
4. 4.1 In no case shall this insurance cover loss damage or expense arising from
4.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for
the safe carriage of the subject-matter insured, where the Assured are
privy to such unseaworthiness or unfitness, at the time the
subject-matter insured is loaded therein
4.1.2 unfitness of container or conveyance for the safe carriage of the
subject-matter insured, where loading therein or thereon is carried
out prior to attachment of this insurance or by the Assured or their
employees and they are privy to such unfitness at the time of
loading.
4.2 Exclusions 4.1.1 above shall not apply where the contract of insurance has
been assigned to the party claiming hereunder who has bought or agreed to
buy the subject-matter insured in good faith under a binding contract.
4.3 The Insurers waive any breach of the implied warranties of seaworthiness of
the ship and fitness of the ship to carry the subject-matter insured to
destination.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:LOCATION CLAUSE (WITHOUT LIMITATION PERIODS) 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022118 號函備查
承保範圍
Notwithstanding anything contained herein to the contrary (except for coverage
against war risk), it is specifically understood and agreed that this insurance shall
attach from the time of the goods are carried into the warehouse specified below or
place of storage designated by the Assured worldwide as per following schedule of
locations for the purpose of export/import, for storage other than in the ordinary
course of transit or for allocation or distribution thereat. This cover will terminate
after the completion of loading/discharging of the goods to the board of the vessel or
aircraft at the loading/discharging port or airport named in the policy or carrying to the
Assured assigned final warehouse, destination or place in the policy.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
275
商品名稱:PROCESS CLAUSE (LOCATIONS) 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022119 號函備查
承保範圍
This insurance remains in full force whilst the subject-matter insured is under any
process but in no case shall extend to cover damage thereto solely caused by such
process.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:SPECIAL CLAUSE FOR CONCEALED DAMAGE OR MYSTERIOUS
LOSS 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022120 號函備查
承保範圍
This company shall cover the concealed damage and/or mysterious loss to the goods
hereby insured which cannot be found from external appearance of the original
package on unpacking or to the containerized goods when any sign of disorder cannot
be found on seal and/or appearance of the container on devanning.
In case of such loss or damage, prompt notice shall be given to this Company’s agent
for survey and inquiry to the shipper whether the loss is due to short shipment or not
shall be made.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:SPECIAL CLAUSE FOR CONTAINERIZED CARGO 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022121 號函備查
承保範圍
In the event of the goods hereby insured or any part thereof being carried in container
276
(s) by the overseas vessel &/or other conveyance(s), it is specially understood and
agreed that this insurance shall be subject to the following conditions:
(1) In case of closed Van type metal container (including closed FRP container), the
original conditions stated herein of the “On-deck Clause” contained herein.
(2) In case of contained(s) other than above (1), the “On-deck Clause” contained
herein shall be applied if the goods are carried on deck.
Notwithstanding the foregoing paragraph (2), the original conditions shall be granted
that the Assured give to this Company a previous notice of such deck-loaded stowage
and agree to pay an additional premium required.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:SPECIAL CLAUSE FOR FORWARDING CHARGE 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022122 號函備查
承保範圍
Notwithstanding anything to the contrary contained herein, it is specially understood
and agreed that if it is necessary for the Assured as a result of loss of or damage to the
goods caused by a peril insured to forward the goods for replacement by air for the
sole purpose of preventing the delay in delivery, this Company shall pay charges for
forwarding by air in addition to the amount payable for the above loss or damage even
though such charges exceed the insured amount.
In no case shall this Company be liable under this Clause for more than either 10% of
the value of the damaged part of the subject-matter, actual cost or aggregate policy
limit of xxxxx.-, which is lower per any one accident.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱: SPECIAL CLAUSE FOR INSPECTION
277
核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022123 號函備查
承保範圍
In case an accident should occur during the period of this insurance and there should
be a possibility of loss or damage covered by the Policy, this company shall be liable
for any inspection &/or survey fees and charges incurred from such an accident
irrespective of actual loss or damage, provided that the inspector &/or surveyor duly
authorized by this Company shall regard the inspection of the good hereby insured as
appropriate and reasonable.
In no case shall this Company be liable under this Clause for more than xx % of the
value of the damaged part of the subject-matter, actual cost or aggregate policy limit
of xxxxx, whichever is lower per any one accident.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:SPECIAL CLAUSE FOR SETTLEMENT OF CLAIM 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022124 號函備查
承保範圍
Claim for petty damages such as breakage, bending, denting and a scratching etc.,
not exceeding US$xxx.00 per any one occurrence of damage shall be settled on the
basis of the statement prepared by the Assured of the particulars of such loss or
damage instead of a survey report, and in case of such claim the “Assured” shall
present to “Company’s” Agent, the above statement.
In no case, however, the above special method of settlement of claim shall apply to
any claim resulting from :
a. major casualties such as the carrying vessel or craft being stranded, sunk, burnt,
in collision or substance (ice included) other than water,
b. fire, lightning &/or explosion,
c. earthquake, tidal wave, flood and the like,
d. general average and
e. S.R.C.C.
278
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:SPECIAL REPLACEMENT CLAUSE (AIR FREIGHT) 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022125 號函備查
承保範圍
In the event of loss of or damage to any part or parts of an insured goods caused by a
peril covered by this policy, the sum recoverable shall not exceed the cost of
replacement or repair of such part or parts plus charges for forwarding and refitting, if
incurred, but excluding duty unless the full duty included in the amount insured , in
which case loss, if any, sustained by payment of additional duty shall also be
recoverable.
In case where part or parts of an insured goods are damaged by perils insured against
under this policy and substitutes therefore are supplied by air, the air freight including
incidental charges shall be recoverable under this policy provided such air transport is
made for the sole purpose of preventing or alleviating further damage or for any other
purpose which this company admit to be inevitable.
Provided always that in no case shall the liability of this company exceed the insured
value of the complete goods.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:SPECIAL REPLACEMENT CLAUSE (DUTY) 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022126 號函備查
承保範圍
Notwithstanding the provision in the Institute Replacement Clause attached hereto, it
is specially understood and agreed that this Company shall also be liable to pay for
loss, if any sustained by payment of duty on parts or parts for replacement or repair in
279
case the full duty is not included in the amount insured.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TERMINATION OF TRANSIT CLAUSE (TERRORISM) 2009 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022127 號函備查
承保範圍
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith.
1. Notwithstanding any provision to the contrary contained in the contract of insurance or the Clauses referred to therein, it is agreed that in so far as the contract of insurance covers loss of or damage to the subject-matter insured caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organization which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted or any person acting from a political, ideological or religious motive,
such cover is conditional upon the subject-matter insured being in the ordinary course of transit and, in any event, SHALL TERMINATE: either
as per the transit clauses contained within the contract of insurance,or
on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in the contract of insurance,
on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either fro storage other than in the ordinary course of transit or for allocation or distribution, or
when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit,or
in respect of marine transits, on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge,
in respect of air transits, on the expiry of 30 days after unloading the subject-matter insured form the aircraft at the final place or discharge.
whichever shall first occur.
If the contract of insurance or the Clauses referred to therein specifically provide
cover for inland or other further transits following on from storage, or termination as
provided for above, cover will re-attach, and continues during the ordinary course of
that transit terminating again in accordance with clause 1.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
280
商品名稱:U.S. ECONOMIC AND TRADE SANCTIONS CLAUSE 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022128 號函備查
承保範圍
Whenever coverage provided by this policy would be in violation of any U.S.
economic or trade sanctions such as, but not limited to, those sanctions administered
and enforced by the U.S. Treasury Department's Office of Foreign Assets Control
("OFAC"), such coverage shall be null and void.
Similarly, any coverage relating to or referred to in any certificates or other evidences
of insurance or any claim that would be in violation of U.S. economic or trade
sanctions as described above shall also be null and void.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:WAR AND STRIKES CANCELLATION CLAUSE (CARGO) 核准日期及文號
99 年 04 月 23 日新安東京海上 99 字第 022129 號函備查
承保範圍
The cover against war risks and strikes, riots and civil commotions risks (as defined in
the relevant Institute War Clauses and Institute Strikes Clauses) may be cancelled by
either the Underwriters or the Assured except in respect of any insurance which shall
have attached in accordance with the conditions of the Institute War Clauses and
Institute Strikes Clauses before the cancellation becomes effective.
Such cancellation shall however only become effective on the expiry of xx days from
midnight of the day on which notice of the cancellation is issued by or to the
Underwriters.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:CLAUSE PARAMOUNT CLAUSE 核准日期及文號
281
99年 08 月 04 日新安東京海上 99字第 046601 號函備查
承保範圍
Anything contained in the institute clauses referred to herein that
inconsistent with the following clauses and conditions shall, to the
extent of such inconsistency, by null and void.
This clause paramount shall not serve to override the duration clause in the
Institute War Clauses.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:INFIDELITY CLAUSES 核准日期及文號
99年 08 月 04 日新安東京海上 99字第 046602 號函備查
承保範圍
Excluding infidelity of the Assured, their employees and their agents whether
occurring during normal working hours or not.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:LOADING AND UNLOADING CLAUSE 核准日期及文號
99年 08 月 04 日新安東京海上 99字第 046603 號函備查
承保範圍
The risk of unloading goods at point of arrival on import and/or inland
transit is also extended to cover in this policy as deemed to be in the
ordinary course of transit. The risk of loading goods at point of origin
on export and/or inland transit is also extended to cover in this policy
as deemed to be in the ordinary course of transit.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
282
商品名稱:MACHINERY CLAUSE 核准日期及文號
99年 08 月 04 日新安東京海上 99字第 046604 號函備查
承保範圍
In case of loss or damage to any part of a machine or other article,
consisting when completer for sale or use of several parts, Underwriters
(if liable therefor under the terms of this insurance) shall only be liable
for the proportion of the insured value applicable to the part of parts
lost or damaged or, at the Assured’s option, for the cost and expense
of replacing the part or parts lost or damaged (including forwarding
charges) and labour and installation charges necessary to restore the
damages machine or article to this condition at the time of shipment.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:MECHANICAL AND/OR ELECTRICAL DERANGEMENT CLAUSE 核准日期及文號
99年 08 月 04 日新安東京海上 99字第 046605 號函備查
承保範圍
Excluding mechanical and /or electrical derangement unless caused by an
insured peril.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:MYSTERIOUS DISAPPEARANCE CLAUSE 核准日期及文號
99年 08 月 04 日新安東京海上 99字第 046606 號函備查
承保範圍
Underwriters shall not be liable for any loss, other than for non-delivery ,
that constitutes a mysterious disappearance or unexplained shortages and
losses, discovered upon taking inventory.
不保事項
同主保險契約
個人保險商品預定費用率 不適用
283
短期費率表或保費退費係數表
請洽本公司
商品名稱:MYSTERIOUS LOSS COVER CLAUSE 核准日期及文號
99年 08 月 04 日新安東京海上 99字第 046607 號函備查
承保範圍
Notwithstanding anything contained herein to the contrary, it is
specially understood and agreed that this Company shall cover the
mysterious loss to the goods hereby insured which cannot be found from
the external appearance of the original package on unpacking or to the
containerized goods when any sign of disorder cannot be found on seal &/or
appearance of the container on devanning.
In no case, however, shall this Company be liable, if this Company proved
such non-delivery &/or short-delivery had occurred before the
commencement of this insurance, or had been caused by willful act or gross
negligence of the shipper.
Such loss shall mean the difference between the number of packages as
per shipper's &/or supplier's invoice &/or packing list of the container
in which the packages have been packed by the shipper &/or supplier's or
number of packages described in the Bill of Lading and the actual number
of packages in the package or container when it is opened or devanned at
the final destination named in the policy.
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:OPEN TOP/FLAT CONTAINER CLAUSE 核准日期及文號
99年 08 月 04 日新安東京海上 99字第 046608 號函備查
承保範圍
Notwithstanding anything contained herein to the contrary, it is specially
understood and agreed that in the event of the interest hereby insured
and any part thereof being carried on open-top or flat container, the
conditions on such carriage shall be “Institute Cargo Clauses ( C )”
at the commencement of this insurance.
284
不保事項
同主保險契約
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Institute Time Clauses –
Hulls (1/10/83) Amended for Japanese Clauses Class No.6
(4/2010) 核准日期及文號
101年 10 月 15 日新安東京海上 101字第 080001 號函備查
承保範圍
1 NAVIGATION
1.1 The Vessel is covered subject to the provisions of this insurance at all times and
has leave to sail or navigate with or without pilots, to go on trial trips and to assist and
tow vessels or craft in distress, but it is warranted that the Vessel shall not be towed,
except as is customary or to the first safe port or place when in need of assistance, or
undertake towage or salvage services under a contract previously arranged by the
Assured and/or Owners and/or Managers and/or Charterers. This Clause 1.1 shall not
exclude customary towage in connection with loading and discharging.
1.2 In the event of the Vessel being employed in trading operations which entail cargo
loading or discharging at sea from or into another vessel (not being a harbour or
inshore craft) no claim shall be recoverable under this insurance for loss of or damage
to the Vessel or liability to any other vessel arising from such loading or discharging
operations, including whilst approaching, lying alongside and leaving, unless previous
notice that the Vessel is to be employed in such operations has been given to the
Underwriters and any amended terms of cover and any additional premium required
by them have been agreed.
1.3 In the event of the Vessel sailing (with or without cargo) with an intention of being
(a) broken up, or (b) sold for breaking up, any claim for loss of or damage to the
Vessel occurring subsequent to such sailing shall be limited to the market value of the
Vessel as scrap at the time when the loss or damage is sustained, unless previous
notice has been given to the Underwriters and any amendments to the terms of cover,
insured value arid premium required by them have been agreed. Nothing in this
Clause 1.3 shall affect claims under Clauses 8 and/or 11.
2 CONTINUATION
Should the Vessel at the expiration of this insurance be at sea or in distress or at a port
285
of refuge or of call, she shall, provided previous notice be given to the Underwriters,
be held covered at a pro rata monthly premium to her port of destination.
3 BREACH OF WARRANTY
Held covered in case of any breach of warranty as to cargo, trade, locality, towage,
salvage services or date of sai1ing, provided notice be given to the Underwriters
immediately after receipt of advices and any amended terms of cover and any
additional premium required by them be agreed.
4 TERMINATION
This Clause 4 shall prevail notwithstanding any provision whether written typed or
printed in this insurance inconsistent therewith.
Unless the Underwriters agree to the contrary in writing, this insurance shall terminate
automatically at the time of
4.1 change of the Classification Society of the Vessel, or change, suspension,
discontinuance, withdrawal or expiry of her Class therein, provided that if the Vessel
is at sea such automatic termination shall be deferred until arrival at her next port.
However where such change, suspension, discontinuance or withdrawal of her Class
has resulted from loss or damage covered by Clause 6 of this insurance or which
would be covered by an insurance of the Vessel subject to current Institute War and
Strikes Clauses Hulls- Time such automatic termination shall only operate should the
Vessel sail from her next port without the prior approval of the Classification Society,
4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new
management, or charter on a bareboat basis, or requisition for title or use of the Vessel,
provided that, if the Vessel has cargo on board and has already sailed from her loading
port or is at sea in ballast, such automatic termination shall if required be deferred,
whilst the Vessel continues her planned voyage, until arrival at final port of discharge
if with cargo or at port of destination if in ballast. However, in the event of requisition
for title or use without the prior execution of a written agreement by the Assured, such
automatic termination shall occur fifteen days after such requisition whether the
Vessel is at sea or in port.
A pro rata daily net return of premium shall be made,
5 ASSIGNMENT
No assignment of or interest in this insurance or in any moneys which may be or
become payable thereunder is to be binding on or recognised by the Underwriters
unless a dated notice of such assignment or interest signed by the Assured, and by the
assignor in the case of subsequent assignment, is endorsed on the Policy and the
Policy with such endorsement is produced before payment of any claim or return of
premium thereunder.
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6 PERILS
6.1 This insurance covers loss of damage to the subject-matter insured caused by
6.1.1 perils of the seas rivers lakes or other navigable waters
6.1.2 fire, explosion
6.1.3 violent theft by persons from outside the Vessel
6.1.4 jettison
6.1.5 piracy
6.1.6 breakdown of or accident to nuclear installations or reactors
6.1.7 contact with aircraft or similar objects, or objects falling therefrom, land
conveyance, dock or harbour equipment or installation
6.1.8 earthquake volcanic eruption or lightning.
6.2 This insurance covers loss of or damage to the subject-matter insured caused by
6.2.1 accidents in loading discharging or shifting cargo or fuel bursting of boilers
breakage of shafts or any latent defect in the machinery or hull except any accident to
painting only (including such accident arising from the cause mentioned in 6.2.4
below)
6.2.2
6.2.3 negligence of Master Officers Crew or Pilots
6.2.4 negligence of repairers or charterers provided such repairers or charterers are not
an Assured hereunder
6.2.5 barratry of Master Officers or Crew.
provided such loss or damage has not resulted from want of due diligence by the
Assured. Owners or Managers.
6.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of
this Clause 6 should they hold shares in the Vessel.
7 POLLUTION HAZARD
This insurance covers loss of or damage to the Vessel caused by any governmental
authority acting under the powers vested in it to prevent or mitigate a pollution hazard,
or threat thereof, resulting directly from damage to the Vessel for which the
Underwriters are liable under this insurance, provided such act of governmental
authority has not resulted from want of due diligence by the Assured, the Owners, or
Managers of the Vessel or any of them to prevent or mitigate such hazard or threat.
Master, Officers, Crew or Pilots not to be considered Owners within the meaning of
this Clause 7 should they hold shares in the Vessel.
8. four-fourths COLLISION LIABILITY
8.1 The Underwriters agree to indemnify the Assured for the four-fourths of any sum
287
or sums which the Assured becomes legally liable to pay to any other person or
persons by way of damages for
8.1.1 loss of or damage to any other vessel or property on any other vessel
8 1.2 delay to or loss of use of any such other vessel or property thereon
8.1.3 general average of, salvage of, or salvage under contract of, any such other
vessel or property thereon.
where such payment by the Assured is in consequence of the Vessel hereby insured
coming into collision with any other vessel.
8.2 The indemnity provided by this Clause 8 shall be in addition to the indemnity
provided by the other terms and conditions of this insurance and shall be subject to the
following provisions:
8.2.1 Where the insured Vessel is in collision with another vessel and both vessels are
to blame then, unless the liability of one or both vessels becomes limited by law, the
indemnity under this Clause 8 shall be calculated on the principle of cross-liabilities as
if the respective Owners had been compelled to pay to each other such proportion of
each other’s damages as may have been properly allowed in ascertaining the balance
or sum payable by or to the Assured in consequence of the collision.
8.2.2 In no case shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed
their proportionate part of four-fourths of the insured value of the Vessel hereby
insured in respect of any one collision.
8.3 The Underwriters will also pay four-fourths of the legal costs incurred by the
Assured or which the Assured may be compelled to pay in contesting liability or
taking proceedings to limit liability, with the prior written consent of the Underwriters.
EXCLUSIONS
8.4 Provided always that this Clause 8 shall in on case extend to any sum which the
Assured shall pay for or in respect of
8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing
whatsoever
8.4.2 any real or personal property or thing whatsoever except other vessels or
property on other vessels
8.4.3 the cargo or other property on, or the engagements of the insured Vessel
8.4.4 loss of life, personal injury or illness
8.4.5 pollution or contamination of any real or personal property or thing whatsoever
(except other vessels with which the insured Vessel is in collision or properly on such
other vessels).
288
9 SISTERSHIP
Should the Vessel hereby insured come into collision with or receive salvage services
from another vessel belonging wholly or in part to the same Owners or under the same
management, the Assured shall have the same rights under this insurance as they
would have were the over vessel entirely the property of Owners not interested in the
Vessel hereby insured; but in such cases the liability for the collision or the amount
payable for the services rendered shall be referred to a sole arbitrator to be agreed
upon between the Underwriters and the Assured.
10 NOTICE OF CLAIM AND TENDERS
10.1 In the event of accident whereby loss or damage may result in a claim under this
insurance, notice shall be given to the Underwriters prior to survey and also, if the
Vessel is abroad, to the nearest Lloyd's Agent of the Company so that a surveyor may
be appointed to represent the Underwriters should they so desire.
10.2 The Underwriters shall be entitled to decide the port to which the Vessel shall
proceed for docking or repair (the actual additional expense of the voyage arising from
compliance with the Underwriters’ requirements being refunded to the Assured) and
shall have a right of veto concerning a place of repair or a repairing firm.
10.3 The Underwriters may also take tenders or may require further tenders to be
taken for the repair of the Vessel. Where such a tender has been taken and a tender is
accepted with the approval of the Underwriters, an allowance shall be made at the rate
of 30% per annum on the insured value for time lost between the despatch of the
invitations to tender required by Underwriters and the acceptance of a tender to the
extent that such time is lost solely as the result of tenders having been taken and
provided that the tender is accepted without delay after receipt of the Underwriters’
approval.
Due credit shall be given against the allowance as above for any amounts recovered in
respect of fuel and stores and wages and maintenance of the Master Officers and Crew
or any member thereof, including amounts allowed in general average, and for any
amounts recovered from third parties in respect of damages for detention and/or loss
of profit and/or running expenses, for the period covered by the tender allowance or
any part hereof.
Where a part of the cost of the repair of damage other than a fixed deductible is not
recoverable from the Underwriters the allowance shall be reduced by a similar
proportion.
10.4 In the event of failure to comply with the conditions of this Clause 10 a deduction
of 15% shall be made from the amount of the ascertained claim.
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11 GENERAL AVERAGE AND SALVAGE
11.1 This insurance covers the Vessel’s proportion of salvage, salvage charges and/or
general average, reduced in respect of any order insurance, but in case of general
average sacrifice of the Vessel the Assured may recover in respect of the whole loss
without first enforcing their right of contribution from other parties.
11.2 Adjustment to be according to the law and practice obtaining at the place where
the adventure ends, as if the contract of affreightment contained no special terms upon
the subject; but where the contract of affreightment so provides the adjustment shall
be according to the York-Antwerp Rules.
11.3 When the Vessel sails in ballast, not under charter, the provisions of the
York-Antwerp Rules, 1974 (excluding Rules XX and XXI) shall be applicable, and the
voyage for this purpose shall be deemed to continue from the port or place of
departure until the arrival of the Vessel at the first port or place thereafter other than a
port or place of refuge or a port or place of call for bunkering only. If at any such
intermediate port or place there is an abandonment of the adventure originally
contemplated the voyage shall thereupon be deemed to be terminated.
11.4 No claim under this Clause 11 shall in any case be allowed where the loss was
not incurred to avoid or in connection with the avoidance of a peril insured against.
12 DEDUCTIBLE
12.1 No claim for the cost of repairs arising from perils enumerated in clauses 6.1.6,
6.2.1, 6.2.2, 6.2.3, 6.2.4, 6.2.5 shall be payable under this insurance unless the
aggregate of all such claims arising out of each separate accident or occurrence
(including claim under Clauses 8, 11 and 13) exceeds the amount specified in the
Schedule in which case this sum shall be deducted. Nevertheless the expense of
sighting the bottom after stranding, of the Vessel, with the consent of Company,
immediately after her stranding, grounding, collision or contact with any external
object other than water if reasonably incurred specially for that purpose, shall be paid
even if no damage be founds. This Clause 12.1 shall not apply to a claim for total or
constructive total loss of the Vessel or, in the event of such a claim, to any associated
claim under Clause 13 arising from the same accident or occurrence.
12.2 Claims for damage by heavy weather occurring during a single sea passage
between two successive ports shall be treated as being due to one accident. In the case
of such heavy weather extending over a period not wholly covered by this insurance
the deductible to be applied to the claim recoverable hereunder shall be the proportion
of the above deductible that the number of days of such heavy weather falling within
the period of this insurance bears to the number of days of heavy weather the single
sea passage. The expression ”heavy weather” in Clauses 12.2 shall be deemed to
290
include contact with floating ice.
12.3 Excluding any interest comprised therein, recoveries against any claim which is
subject to the above deductible shall be credited to the Underwriters in full to the
extent of the sum by which the aggregate of the claim unreduced by any recoveries
exceeds the above deductible.
12.4 Interest comprised in recoveries shall be apportioned between the Assured and
the Underwriters, taking into account the sums paid by the Underwriters and the dates
when such payments were made, notwithstanding that by the addition of interest the
Underwriters may receive a larger sum than they have paid.
13 DUTY OF ASSURED (SUE AND LABOUR)
13.1 In case of any loss or misfortune it is the duty of the Assured and their servants
and agents to take such measures as may be reasonable for the purpose of averting or
minimizing a loss which would be recoverable under this insurance.
13.2 Subject to the provisions below and to Clause 12 the Underwriters will contribute
to charges properly and reasonably incurred by the Assured their servants or agents for
such measures. General average, salvage charges (except as provided for in Clause
13.5) and collision defence or attack costs are not recoverable under this Clause 13.
13.3 Measures taken by the Assured or the Underwriters with the object of saving,
protecting or recovering the subject-matter insured shall not be considered as a waiver
or acceptance of abandonment or otherwise prejudice the rights of either party.
13.4 When expenses are incurred pursuant to this Clause 13 the liability under this
insurance shall not exceed the proportion of such expenses that the amount insured
hereunder bears to the value of the Vessel as stated herein, or to the sound value of the
Vessel at the time of the occurrence giving rise to the expenditure if the sound value
exceeds that value. Where the Underwriters have admitted a claim for total loss and
property insured by this insurance is saved, the foregoing provisions shall not apply
unless the expenses of suing and labouring exceed the value of such property saved
and then shall apply only to the amount of the expenses which is in excess of such
value.
13.5 When a claim for total loss of the Vessel is admitted under this insurance and
expenses have been reasonably incurred in saving or attempting to save the Vessel and
other property and there are no proceeds, or the expenses exceed the proceeds, then
this insurance shall bear its pro rata share of such proportion of the expenses, or of the
expenses in excess of the proceeds, as the case may be, as may reasonably be regarded
as having been incurred in respect of the Vessel; but if the Vessel be insured for less
than its sound value at the time of the occurrence giving rise to the expenditure, the
amount recoverable under this clause shall be reduced in proportion to the
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under-insurance.
13.6 The sum recoverable under this Clause 13 shall be in additional to the loss
otherwise recoverable under this insurance but shall in no circumstances exceed the
amount insured under this insurance in respect of the Vessel.
14 NEW FOR OLD
Claims payable without deduction new for old.
15 BOTTOM TREATMINT
In no case shall a claim be allowed in respect of scraping gritblasting and/or other
surface preparation or painting of the Vessel’s bottom except that
15.1 gritblasling and/or other surface preparation of new bottom plates ashore and
supplying and applying any “shop” primer thereto,
15.2 grblasting and/or other surface preparation of:
the butts or area of plating immediately adjacent to any renewed or refitted plating
damaged during the course of welding and/or repairs, areas of plating damaged during
the course of fairing, either in place or ashore,
15.3 supplying and applying the first coat of primer/anti-corrosive to those particular
areas mentioned in 15.1 and 15.2 above,
shall be allowed as part of the reasonable Cost of repairs in respect of bottom plating
damaged by an insured peril.
16 WAGES AND MAINTENANCE
No claim shall be allowed, other than in general average, for wages and maintenance
of the Master, Officers and Crew, or any member thereof, except when incurred solely
for the necessary removal of the Vessel from one port to another for the repair of
damage covered by the Underwriters, or for trial trips for such repairs, and then only
for such wages and maintenance as are incurred whilst the Vessel is under way.
17 AGENCY COMMISSION
In no case shall any sum be allowed under this insurance either by way of
remuneration of the Assured for time and trouble taken to obtain and supply
information or documents or in respect of the commission or charges of any manager,
agent, managing or agency company or the like, appointed by or on behalf of the
Assured to perform such services.
18 UNREPAIRED DAMAGE
18.1 The measure of indemnity in respect of claims for unrepaired damage shall be the
reasonable depreciation in the market value of the Vessel at the time this insurance
terminates arising from such unrepaired damage, but not exceeding the reasonable
cost of repairs.
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18.2 In no case shall the Underwriters be liable for unrepaired damage in the event of
a subsequent total loss (whether or not covered under this insurance) sustained during
the period covered by this insurance or any extension thereof.
18.3 The Underwriters shall not be liable in respect of unrepaired damage for more
than the insured value at the time this insurance terminates.
19 CONSTRUCTIVE TOTAL LOSS
19.1 In ascertaining whether the Vessel is a constructive total loss, the insured value
shall be taken as the repaired value and nothing in respect of the damaged or break-up
value of the Vessel or wreck shall be taken into account.
19.2 No claim for constructive total loss based upon the cost of recovery and/or repair
of the Vessel shall be recoverable hereunder unless such cost would exceed the insured
value. In making this determination, only the cost relating to a single accident or
sequence of damages arising from the same accident shall be taken into account.
20 FREIGHT WAIVER
In the event of total or constructive total loss no claim to be made by the Underwriters
for freight whether notice of abandonment has been given or not.
21 DISBURSEMENTS WARRANTY
21.1 Additional insurances as follows are permitted:
21.1.1 Disbursements, Managers’ Commissions, Profits or Excess or Increased Value
of Hull and Machinery. A sum not exceeding 25% of the value stated herein.
21.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not
exceeding 25% of the value as stated herein less any sum insured, however described,
under 21.1.1.
21.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the gross
freight or hire for the current cargo passage and next succeeding cargo passage (such
insurance to include, if required, a preliminary and an intermediate ballast passage)
plus the charges of insurance. In the case of a voyage charter where payment is made
on a time basis, the sum permitted for insurance shall be calculated on the estimated
duration of the voyage, subject to the limitation of two cargo passages as laid down
herein. Any sum insured under 21.1.2 to be taken into account and only the excess
thereof may be insured, which excess shall be reduced as the freight or hire is
advanced or earned by the gross amount so advanced or earned.
21.1.4 Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum
not exceeding the anticipated gross freight on next cargo passage, such sum to be
reasonably estimated on the basis of the current rate of freight at time of insurance
plus the charges of insurance. Any sum insured under 21.1.2 to be taken into account
and only the excess thereof may be insured.
293
21.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding
50% of the gross hire which is to be earned under the charter in a period not exceeding
18 months. Any sum insured under 21.1.2 to be taken into account and only the excess
thereof may be insured, which excess shall be reduced as the hire is advanced or
earned under the charter by 50% of the gross amount so advanced or earned but the
sum insured need not be reduced while the total of the sums insured under 21 .1.2 and
21. 1 .5 does not exceed 50% of the gross hire still to be earned under the charter. An
insurance under this Section may begin on the signing of the charter.
21.1.6 Premiums. A sum not exceeding the actual premiums of all interests insured for
a period not exceeding 12 months (excluding premiums insured under the foregoing
sections but including, if required, the premium or estimated calls on any Club or War
etc. Risk insurance) reducing pro rata monthly.
21.1.7 Returns of Premium. A sum not exceeding the actual returns which are
allowable under any insurance but which would not be recoverable thereunder in the
event of a total loss of the Vessel whether by insured perils or otherwise.
21.1.8 Insurance irrespective of amount against:
Any risks excluded by Clauses 23, 24, 25 and 26 below.
21.2 Warranted that no insurance on any interests enumerated in the foregoing 21.1.1
to 21.1.7 in excess of the amounts permitted therein and no other insurance which
includes total loss of the Vessel P.P.I., F.I.A., or subject to any other like term, is or
shall be effected to operate during the currency of this insurance by or for account of
the Assured, Owners, Managers or Mortgagees. Provided always that a breach of this
warranty shall not afford the Underwriters any defence to a claim by a Mortgagee who
has accepted this insurance without knowledge of such breach.
22 RETURNS FOR LAY UP AND CANCELLATION -
22.1 To return as follows:
22.1.1 Pro rata monthly net for each uncommented month if this insurance be
cancelled by agreement.
22.1.2 For each period of 30 consecutive days the Vessel may be laid up in a port or in
a lay-up area provided such port or lay-up area is approved by the Underwriters (with
special liberties as hereinafter allowed)
(a) …………………….per cent net not under repair.
(b) …………………….per cent net under repair.
If the Vessel is under repair during part only of a period for which a return is claimable,
the return shall be calculated pro rata to the number of days under (a) and (b)
respectively.
22.2 PROVIDED ALWAYS THAT
22.2.1 a total loss of the Vessel, whether by insured perils or otherwise4 has not
294
occurred during the period covered by this insurance or any extension thereof
22.2.2 in no case shall a return be allowed when the Vessel is lying in exposed or
unprotected waters, or in a port or lay-up area not approved by the Underwriters but,
provided the Underwriters agree that such non-approved lay-up area is deemed to be
within the vicinity of the approved port or lay-up area, days during which the Vessel is
laid up in such non-approved lay-up area may be added to days in the approved port or
lay-up area to calculate a period of 30 consecutive days and a return shall be allowed
for the proportion of such period during which the Vessel is actually laid up in the
approved port or lay-up area
22.2.3 loading or discharging operations or the presence of cargo on board shall not
debar returns but no return shall be allowed for any period during which the Vessel is
being used for the storage of cargo or for lightering purposes
22.2.4 in the event of any amendment of the annual rate, the above rates of return shall
be adjusted accordingly
22.2.5 in the event of any return recoverable under this Clause 22 being based on 30
consecutive days which fall on successive insurances effected for the same Assured,
this insurance shall only be liable for an amount calculated at pro rata of the period
rates 22.1.2(a) and/or (b) above for the number of days which come within the period
of this insurance and to which a return is actually applicable. Such overlapping period
shall run, at the option of the Assured, either from the first day on which the. Vessel is
laid up or the first day of a period of 30 consecutive days as provided under 22.1.2(a)
or (b), or 22.2.2 above.
The following clauses shall be paramount and shall override anything contained in this
insurance inconsistent therewith.
23 WAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
23.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or
any hostile act by or against a belligerent power
23.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and
the consequences thereof or any attempt thereat
23.3 derelict mines torpedoes bombs or other derelict weapons of war.
23.4 violent theft by persons from outside the Vessel or piracy.
24 STRIKES EXCLUSION
In no case shall this insurance cover loss damage liability or expense caused by
24.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots
or civil commotions
24.2 any terrorist or any person acting from a political motive.
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25 MALICIOUS ACTS EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from
25.1 the detonation of an explosive
25.2 any weapon of war and caused by any person acting maliciously or from a
political motive.
26 NUCLEAR EXCLUSION
In no case shall this insurance cover loss damage liability or expense arising from any
weapon of war (including nuclear reactor installed in war vessel) employing atomic or
nuclear fission and/or fusion or other like reaction or radioactive force or matter.
不保事項
8.4 Provided always that this Clause 8 shall in on case extend to any sum which the
Assured shall pay for or in respect of
8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing
whatsoever
8.4.2 any real or personal property or thing whatsoever except other vessels or
property on other vessels
8.4.3 the cargo or other property on, or the engagements of the insured Vessel
8.4.4 loss of life, personal injury or illness
8.4.5 pollution or contamination of any real or personal property or thing whatsoever
(except other vessels with which the insured Vessel is in collision or properly on such
other vessels).
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Institute Additional
Perils Clauses - Hulls Amended (4/2010) (For use only with the
Institute Time Clauses - Hulls 1/10/83 Amended for Japanese
Clauses Class No.6) 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080002 號函備查
承保範圍
1 In consideration of an additional premium this insurance is extended to cover
1.1 the cost of repairing or replacing
1.1.1 any boiler which bursts or shaft which breaks
1.1.2 any defective part which has caused loss or damage to the Vessel covered
by Clause 6.2.2 of the Institute Time Clauses - Hulls 1/10/83 Amended for
Japanese Clauses Class No.6(4/2010)
296
2 Except as provided in 1.1.1 and 1.1.2, nothing in these Additional Perils Clauses
shall allow any claim for the cost of repairing or replacing any part found to be
defective as a result of a fault or error in design or construction and which has not
caused loss of or damage to the Vessel.
3 The cover provided in Clause 1 is subject to all other terms, conditions and
exclusions contained in this insurance and subject to the proviso that the loss or
damage has not resulted from want of due diligence by the Assured, Owners or
Managers. Master Officers Crew or Pilots not to be considered Owners within the
meaning of this Clause should they hold shares in the Vessel.
不保事項
Except as provided in 1.1.1 and 1.1.2, nothing in these Additional Perils Clauses shall
allow any claim for the cost of repairing or replacing any part found to be defective as
a result of a fault or error in design or construction and which has not caused loss of or
damage to the Vessel.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Assured Clause 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080003 號函備查
承保範圍
In respect of liability covered under this insurance, the Person effecting the insurance
shall be added to the Assured(s) and such coverage shall also be given to the Person
effecting the insurance accordingly.
不保事項
同主保險契約 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Scrap Voyage Clauses 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080004 號函備查
承保範圍
Article 1.
1. In the event of the Vessel sailing (with or without cargo) with an intention of being
(a) broken up, or (b) sold for breaking up, the total sum recoverable under this
297
insurance on hull and machinery and also including disbursement if any (hereinafter
called “this insurance” subject to any express stipulation in these clauses) in respect of
a claim for total loss (actual or constructive) occurring subsequent to such sailing shall
in no case exceed the least of the following:
(1) the price of the Vessel as being broken up stated in the contact of sale (hereinafter
called “the price”), or
(2) such proportion of the price as the insured amount of this insurance bears to the
total sum of the insured amount of this insurance and that of any other insurance on
hull and machinery and also including disbursements of the Vessel if any, or
(3) the insured amount of this insurance.
2. The expenditure for the voyage may be included in the price with the consent of the
Company prior to the Vessel sailing.
3. Nothing in this Article 1 shall affect claims under Clauses 8 and/or 13 of the
Institute Time Clause-Hulls 1/10/83 Amended for Japanese Clauses Class No.5 (4/90)
or No.6 (4/93) and Clauses 6.4.2 and/or 6.4.3 of the Institute Time Clauses-Hulls
Disbursements and Increased Value (Total Loss only, including Excess Liabilities)
1/10/83 Amended for Japanese Clauses Class No.5 (4/90) or No.6 (4/90) if attached to
this Policy.
Article 2.
In case of Article 1, the following provisions shall apply in place of Clause 19 of the
Institute Time Clauses-Hulls 1 / 10/83 Amended for Japanese Clauses Class No.5
(4/90) or No.6 (4/93) and Clauses 9.1 and 9.2 of the Institute Time Clauses-Hulls
Disbursements and Increased Value (Total Loss only, including Excess Liabilities) 1 /
10/83 Amended for Japanese Clauses Class No.5 (4/90) or No.6(4/90) if attached to
this Policy.
(1) In ascertaining whether the Vessel is a constructive total loss, the price or the
insured value of this insurance on hull and machinery, whichever is the lesser shall be
taken as the repaired value and nothing in respect of the damaged or break-up value of
the Vessel or wreck shall be taken into account.
(2) No claim for constructive total loss based upon the reasonably necessary cost of
recovery and/or repair of the Vessel as being broken up shall be recoverable hereunder
unless such cost would exceed the price or the insured value of this insurance on hull
and machinery, whichever is the lesser. In making this determination only the cost
relating to a single accident or sequence of damages arising from the same accident
shall be taken into account.
Article 3.
In case previous notice of the Vessel sailing has been given to the Company and the
limitation of the Company’s liability has been recognized a return of premium toy as
arranged shall be allowed at the termination of this insurance provided that no claim
arising from accident subsequent to such sailing is made under this insurance.
不保事項
同主保險契約
298
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Termination Clause 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080005 號函備查
承保範圍
Unless the Company agrees to the contrary in writing, this insurance shall terminate
automatically at the time of any change, voluntary or otherwise, in ownership or flag,
transfer to new management, or charter on a bareboat basis, or requisition for title or
use of the Vessel.
The Company shall return the unexpired portion of the premium already received
which is calculated on a pro rata daily basis as from the day on which such
termination occurred.
不保事項
同主保險契約 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Fire and Pollution Hazard
Clauses (A) 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080006 號函備查
承保範圍
Article 1.
In the event of the Vessel suffering loss or damage as the result of the undermentioned
emergency measures taken by the Japanese or foreign government authorities
(hereinafter referred to as “loss of damage caused by emergency measures”), such loss
or damage shall be deemed to be caused by the maritime accident which has
necessitated the emergency measures and shall be indemnified subject to the terms and
conditions of this insurance.
Provided, however, that the cost of repairs arising from the loss or damage caused by
emergency measures is recoverable only when the Company is liable to pay, under the
provisions of this insurance, the cost of repairs of the damage to the Vessel caused by
the maritime accident which has necessitated such emergency measures.
(1) Emergency measures taken to extinguish a fire which is covered by this insurance
and/or to prevent the fire from spreading and/or to save human life when it has broken
299
out on the Vessel.
(2) Emergency measures taken for the same purpose as is stipulated in paragraph (1)
when the Vessel is about to catch fire in consequence of the damage to the Vessel
which was caused by the maritime accident covered by this insurance (hereinafter
referred to as “damage by insured perils”).
(3) Emergency measures taken to prevent or to mitigate pollution, where the Vessel
has suffered damage by insured perils and the oil or any other substance which has
leaked or been discharged from the Vessel pollutes or threatens to pollute seas, waters,
rivers, etc.
Article 2.
Notwithstanding the preceding Article 1, the Company shall not be liable for loss or
damage caused by emergency measures in case such emergency measures have
resulted from want of due diligence by the Person(s) effecting this insurance, the
Assured, the Owners or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat thereof. Master, Officers, Crew or Pilots not to be considered
Owners within the meaning of these clauses should they hold shares in the Vessel.
Article 3.
The Company shall not be liable for the cost or expense incurred as the result of the
emergency measures unless these are recoverable under the provisions of the other
clauses of this insurance.
Article 4.
These clauses shall prevail notwithstanding anything contained in this insurance
inconsistent therewith.
不保事項
Notwithstanding the preceding Article 1, the Company shall not be liable for loss or
damage caused by emergency measures in case such emergency measures have
resulted from want of due diligence by the Person(s) effecting this insurance, the
Assured, the Owners or Managers of the Vessel or any of them to prevent or mitigate
such hazard or threat thereof. Master, Officers, Crew or Pilots not to be considered
Owners within the meaning of these clauses should they hold shares in the Vessel.
個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Repair Clauses 核准日期及文號
300
101 年 10 月 15 日新安東京海上 101 字第 080007 號函備查
承保範圍
Article 1.
Notwithstanding anything to the contrary contained in this insurance, it is understood
and agreed that the cost of repairing damage to the Vessel caused by an insured peril
shall be adjusted and settled subject to Japanese law and practice.
Article 2.
1. If the Vessel sustains damage by an insured peril, the Assured shall repair the
damage without delay.
2. The Company shall indemnify the Assured for the cost of repairs of such damage as
referred to in the preceding paragraph after the repairs have been completed but in
case the Assured fails to repair the damage without delay and repairs it later the
Company shall indemnify the Assured for the cost of repairs within the limit of the
estimated cost of repairs which would have been required had the repairs been made
without delay.
Article 3.
Notwithstanding the preceding Article, if the Vessel damaged by an insured peril is
sold in the unrepaired condition, the Company shall indemnify the Assured for the
reasonable estimated cost of repairs within the limit of the reasonable depreciation in
value of the Vessel due to the said damage, provided that the Company should have
been liable to indemnify the Assured for the cost of repairs had the repairs been made.
However, this Article shall not affect Clauses 18.2 and 18.3 of the Institute Time
Clauses — Hulls 1/10/83 Amended for Japanese Clauses Class No.5 (4/90) or No. 6
(4/93).
不保事項
同主保險契約 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Disbursements Warranty
Clause (A) 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080008 號函備查
承保範圍
It is understood and agreed that this insurance is subject to the following conditions
and the failure to comply therewith shall render this Company not liable to pay for any
loss or damage occurring thereafter: — There shall be no insurance that may be taken
301
out with the object of covering interest of the owner or charterer- by-demise of the
Vessel, irrespective of whether it be Disbursements, Profits, Increased value or
otherwise and also irrespective of whosoever the Assured may be, except for the
insurance on freight or charter money for voyage for the amount actually at risk.
不保事項
同主保險契約 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Laid Up Return Clauses
(Hulls) 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080009 號函備查
承保範圍
Article 1.
In the case of insurance effected for a period of one year, if the Vessel is laid up for a
period of 30 or more consecutive days during the insured period, the Company shall
return the premium specified in the succeeding Article after natural expiry of the
insurance, provided that no actual total loss or constructive total loss of the Vessel
(irrespective of whether resulting from any of the Accidents or not) has occurred
during the insured period.
Article 2.
The return premium shall be as arranged for each period of 30 consecutive days
separately (any fraction of 30 days shall be ignored).
Article 3.
In asking for a return of premium under the preceding two Articles the Assured shall,
prior to laying-up the Vessel, give notice of the fact to the Company in writing and
obtain the Company’s approval to the laying-up location and mooring arrangements.
Article 4.
At the termination of laying-up, the Assured shall, within reasonable delay, give notice
of the fact to the Company in writing with the certificates by the authorities and/or
necessary documents.
Article 5.
No premium return, under preceding Articles 1 and 2 above, shall be made in the
event of failure by the Assured to comply with the whole or a part of any condition in
302
the laying-up endorsement, except when the Company’s agreement has been obtained.
Article 6.
Provided always that
(1) The term “laying-up” refers the condition that the Vessel is not navigating, that is,
laying-up on a slipway or in a drydock, mooring, or anchoring etc. for repair
(irrespective of whether resulting from any of the Accident or not ; hereinafter to be so
interpreted), reconstruction, or inspection.
(2) The term “laying-up endorsements” refers the endorsements issued by the
Company in accordance with the preceding Article 3.
(3) The term “period not to return premium” refers;
a. period of repair or reconstruction, but excluding the period under repair due to wear
and tear and/or to recommendation by the classification society of the Vessel.
b. period of laying-up in the non-approved area.
不保事項
同主保險契約 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Rights and Duties on the
Vessel Clauses 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080010 號函備查
承保範圍
Article 1.
The Assured may not make a claim for total loss by way of abandonment of the Vessel
to the Company under this insurance.
Article 2.
When the Vessel becomes a total loss and the Company indemnifies therefor, the
Company shall be entitled to chose whether or not to acquire the proprietary right of
the Vessel.
Article 3.
In case that the Company does not acquire the proprietary right of the Vessel in
accordance with the preceding Article, the Company shall so inform the Assured
before making the payment of indemnity.
Article 4.
303
In case that the Company acquires the proprietary right of the Vessel in accordance
with Article 2 above, the Company shall, by the payment of total loss, acquire the
proprietary right of the Vessel in such proportion as the insured amount bears to the
insured value.
Article 5.
When the Vessel becomes a total loss, the Assured or the Beneficiary must inform the
Company of the following facts before they make a claim for the indemnity of total
loss:
(1) Existence or non-existence of any preferential right, pledge, mortgage, right of
charter-by-demise, lien and any other rights existing on the Vessel which may restrict
the proprietary right thereof and, if there exists any, the contents thereof.
(2) Existence or non-existence of any legal liabilities attaching to the Vessel either
under the public or private law or any fact that may give rise to such liabilities.
Article 6.
The Company may withhold the payment of indemnity until the information is
provided by the Assured or the Beneficiary in accordance with the preceding Article.
Article 7.
Even after the Company has acquired the proprietary right of the Vessel in accordance
with Article 2 above, any sum of money necessary to satisfy or extinguish the rights
enumerated in item (1) of Article 5 above, or, to discharge the liabilities stipulated in
item (2) of Article 5 above, shall be borne by the Assured or the Beneficiary.
不保事項
同主保險契約 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Right of Claim for
Compensation against a Third Party Clause 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080011 號函備查
承保範圍
If, in case where loss has been caused by the perils insured against, the Assured has
acquired a right of claim for compensation against a third party and the Company has
indemnified the Assured for the loss, the Company shall acquire such right, to the
extent of the amount paid and in so far as the right of the Assured is not prejudiced.
不保事項
304
同主保險契約 個人保險商品預定費用率 不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Electronic Date
Recognition Special Clause 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080012 號函備查
承保範圍
Article 1,
Electronic Date Recognition Problem of Electronic Devices or Components means the
phenomenon that electronic devices or components (including hardware, integrated
circuits, chips, software, operating systems, programmess data, whether or not on
board the insured vessel), due to being unable to recognize correctly, year, month, date
or time, cease to function or do not function properly.
Article 2.
1. The Company does not cover any loss, damage, liability or expense, directly or
indirectly caused by or in any way in consequence of the defect(s) in respect of
Electronic Date Recognition Problem of Electronic Devices or Components, owned,
leased or managed by the Person effecting the insurance, the Assured or the Manager
of the insured vessel.
2. The Company does not cover any loss, damage, liability or expense, directly or
indirectly caused by or in any way in consequence of any implemented or attempted
measures taken in order to modify or recognize the defect(s), (whether or not they
actually exist) in respect of Electronic Date Recognition Problem of Electronic
Devices or Components owned, leased or managed by the Person effecting the
insurance, the Assured or the Manager of the insured vessel.
Article 3
1. Notwithstanding Article 2, the Company covers, subject to all other terms and
conditions as specified in the Policy, loss, damage, liability or expense, which, the
Assured can demonstrate, falls under one of the following conditions:
(1) loss, damage, liability, or expense has resulted, despite the fact that the Person
effecting the insurance or the Assured, in order to correct the defect(s) of Electronic
Date Recognition Problem of Electronic Devices or Components, had already taken
the necessary or useful steps, with due diligence, in accordance with the measures or
the procedures instructed by the manufacturer(s) of the electronic devices or
components, or professional experts who have special knowledge of the
305
manufacturing of those devices and components.
OR
(2) loss, damage, liability, or expense has resulted at a time when the Person effecting
the insurance or the Assured, in order to correct the defect(s) of Electronic Date
Recognition Problem of Electronic Devices or Components, had been taking the
necessary or useful steps, with due diligence, in accordance with the measures or the
procedures instructed by the manufacturer(s) of electronic devices or components, or
professional experts who have special knowledge of the manufacturing of those
devices and components.
2. Notwithstanding the preceding paragraph of this Article, the Company, in no
circumstances, shall cover expense or loss of earnings in order to correct or recognize
the following:
(1) defect(s) itself(themselves) in respect of Electronic Date Recognition Problem of
Electronic Devices or Components
(2) failure or malfunction of electronic devices or components caused by, directly or
indirectly, defect(s) in respect of Electronic Date Recognition Problem of Electronic
Devices or Components
(3) loss of or damage to software, operating systems, programs or data caused by,
directly or indirectly, the defect(s) in respect of Electronic Date Recognition Problem
of Electronic Devices or Components.
不保事項
Article 2.
1. The Company does not cover any loss, damage, liability or expense, directly or
indirectly caused by or in any way in consequence of the defect(s) in respect of
Electronic Date Recognition Problem of Electronic Devices or Components, owned,
leased or managed by the Person effecting the insurance, the Assured or the Manager
of the insured vessel.
2. The Company does not cover any loss, damage, liability or expense, directly or
indirectly caused by or in any way in consequence of any implemented or attempted
measures taken in order to modify or recognize the defect(s), (whether or not they
actually exist) in respect of Electronic Date Recognition Problem of Electronic
Devices or Components owned, leased or managed by the Person effecting the
insurance, the Assured or the Manager of the insured vessel.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Consumption Tax Clause 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080013 號函備查
306
承保範圍
In case where the Underwriters indemnify the Assured for loss or damage under this
Policy, the Underwriters shall not pay the sums of consumption tax. However, the
preceding provision shall not be applied in case where one of the following facts
exists and the Assured (including the claimant based upon this Policy, hereinafter to be
so interpreted.) submits documents certifying it.
(1) The Assured is a tax—exempt business operator or a business operator whom the
simplified tax
system applies to.
(2) The Assured is an individual and not a taxable business operator.
(3) The Assured is not able to apply for the whole or a part of the sums of deductible
tax on purchases due to any reasons.
(4) The Assured becomes liable for the sums of consumption tax.
不保事項
Article 2.
1. The Company does not cover any loss, damage, liability or expense, directly or
indirectly caused by or in any way in consequence of the defect(s) in respect of
Electronic Date Recognition Problem of Electronic Devices or Components, owned,
leased or managed by the Person effecting the insurance, the Assured or the Manager
of the insured vessel.
2. The Company does not cover any loss, damage, liability or expense, directly or
indirectly caused by or in any way in consequence of any implemented or attempted
measures taken in order to modify or recognize the defect(s), (whether or not they
actually exist) in respect of Electronic Date Recognition Problem of Electronic
Devices or Components owned, leased or managed by the Person effecting the
insurance, the Assured or the Manager of the insured vessel.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Lien Clauses 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080014 號函備查
承保範圍
Article 1.
These clauses shall be applied in case where the Company becomes liable to
indemnify the Assured for any damage caused by reason of the Assured becoming
liable (hereinafter referred as “liability damage”).
Article 2,
307
1 In case where the Liability Damage Claimant (who is defined as the Person who has
the right to demand from the Assured for liability damage. hereinafter to be so
interpreted.) has lien over the right of the Assured to claim insurance proceeds against
the Company (which is limited to liability damage. hereinafter to be so interpreted.)
based upon the Insurance Contract Act in Japan, the Company shall pay insurance
proceeds (which is limited to liability damage. hereinafter to be so interpreted.) in one
of the following cases:
(1) In case where the Company pays liability damage to the Assured, after the Assured
paid such damage to the Liability Damage Claimant. However, the indemnity to be
paid by the Company shall be limited to the amount which the Assured has paid to the
Liability Damage Claimant.
(2) In case where the Company pays liability damage directly to the Liability Damage
Claimant in accordance with the payment order by the Assured, before the Assured
pays such damage to the Liability Damage Claimant.
(3) In case where the Company pays liability damage directly to the Liability Damage
Claimant by reason of the Liability Damage Claimant exercising lien over the right to
claim insurance proceeds, before the Assured pays such damage to the Liability
Damage Claimant.
(4) In case where the Company pays liability damage to the Assured based upon the
agreement by the Liability Damage Claimant for the Company to do so, before the
Assured pays such damage to the Liability Damage Claimant. However, the indemnity
to be paid by the Company shall be limited to the amount agreed by the Liability
Damage Claimant.
2 In case where the Liability Damage Claimant has lien or the same kind of special
right which shall limit the right of the Assured to claim insurance proceeds against the
Company based upon Foreign Laws or Treaties, the indemnity to be paid by the
Company shall be subject to such laws or treaties.
不保事項
同主保險契約
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Duty of Assured and Rights
of Insurer Clauses 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080015 號函備查
承保範圍
Article 1. (Duty of Disclosure)
The Person effecting the insurance and/or the Assured must disclose to the Company,
308
before the insurance contract is concluded, every material circumstance which is
known to the Person effecting the insurance and/or the Assured, and the Person
effecting the insurance and/or the Assured is deemed to know every circumstance
which, in the ordinary course of business, ought to be known by the Person effecting
the insurance and/or the Assured. Every circumstance is material which would
influence the judgment of the Company in fixing the insurance terms and conditions,
or determining whether the Company will take the risk.
Article 2. (Right of Inspection)
The Company shall be entitled to inspect the Vessel at any time during the period of
this insurance, and, if the Person effecting the insurance and/or the Assured refuses an
inspection without any justifiable reason, the Company may cancel this insurance
contract by giving notice of cancellation in writing to the Person effecting the
insurance. In the event of such cancellation, the Company shall return the unexpired
portion of the premium already received which is calculated on a pro rata daily basis
as from the day on which such cancellation occurred, to the Person effecting the
insurance.
Article 3. (Right of Reduction in Value)
When the value of the insured interest decreases substantially during the period of this
insurance, the Company may request reduction of the insured value and/or the insured
amount. In the event of such reduction in the insured value and/or the insured amount,
the Company shall return the balance of the premium calculated on the basis of the
existing rate and the revised rate, on a pro-rata daily basis for the unexpired period of
this insurance, to the Person effecting the insurance.
Article 4. (Right of Subrogation)
When the Vessel becomes a total loss and the Company indemnifies therefor, the
Company shall be entitled to choose whether or not to acquire the proprietary right of
the Vessel.
不保事項
同主保險契約
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Minimum Premium Clauses 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080016 號函備查
承保範圍
309
Article 1.
1. Minimum Premium to apply to the policies is as below:
¥5,OOO in respect of Hull War Risks/ War LOT/ Mine Risks Policies.
¥2O,OOO in respect of other than Hull War Risks/ War LOT/ Mine Risks Policies.
2. For the purpose of calculating the Minimum Premium with respect to non
Japanese Yen Policies, the following exchange rate shall be applied unless otherwise
agreed by the Company:
US Dollars US$1 = ¥77
Swiss Francs S.Fr.l = ¥84
Singapore Dollars S.$.1 = ¥59
Sterling Pounds SL₤l = ¥ll6
Australian Dollars A.$l = ¥77
Euro EURO1= ¥lOO
Other Currencies to be decided by the Company
Article 2.
Notwithstanding anything to the contrary contained in this insurance;
1. The Company shall be entitled to the Full Minimum Premium in case that the
policies are cancelled, terminate, cease to exist at any cause.
2. In the event that the Paid Premium is larger than the Earned Premium, and the
Earned Premium is less than the Minimum Premium, the return premium for
cancellation shall be the balance of the Paid Premium and the Minimum Premium.
3. In the event that the Paid Premium is less than the Minimum Premium, the
balance of the Minimum Premium and the Paid Premium is payable to the Company.
不保事項
同主保險契約
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Bottom Treatment Clause 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080017 號函備查
承保範圍及不保事項
In no case shall a claim be allowed in respect of scraping gritblasting and/or other
surface preparation or painting of the Vessel’s bottom except that
1.1 gritblasting and/or other surface preparation of new bottom plates ashore and
supplying and applying any “shop” primer thereto,
1.2 gritblasting and/or other surface preparation of:
the butts or area of plating immediately adjacent to any renewed or refitted plating
310
damaged during the course of welding and/or repairs, areas of plating damaged during
the course of fairing, either in place or ashore,
1.3 supplying and applying the first coat of primer/anti-corrosive to those particular
areas mentioned in 1.1 and 1.2 above,
shall be allowed as part of the reasonable cost of repairs in respect of bottom plating
damaged by an insured peril.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Bering Sea Transit
Clauses (for I.T.C. Amended) 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080018 號函備查
承保範圍
Article I
Notwithstanding the provision of the Trading Warranty contained in the Policy, it is
hereby agreed that when on through voyages to or from the ports within the
TRADING WARRANTIES under the Policy, the Vessel may navigate the Bering Sea
provided that
(1) the Vessel has on board the appropriate hydrographic charts corrected up to date,
(2) the Vessel shall pass the following waters:
(a) Unimak Pass
(b) between Herbert Island and Yunaska Island
(c) Amukta Pass
(d) Amchaitka Pass
(e) between Bulir Island and Agattu Island
(f) between Agattu Island and Attu Island
(g) west of Attu Island
and
(3) the Vessel is equipped and properly fitted with the followings, all fully operational
and manned by qualified personnel.
(a) In case of passing Unimak Pass, between Buldir Island and Agattu island and west
of Attu island
1) marine radar
2) a satellite navigator or Loran
3) sonic depth sounding apparatus
4) gyro compass
(b) In case of passing between Herbert Island and Yunaska Island, Amukta Pass,
Amuchitka Pass and between Agattu Island and Attu Island
311
1) marine radar
2) a satellite navigator or Lolan
3) sonic depth sounding apparatus
4) gyro compass
5) a weather facsimile recorder
Article 2.
In the event of a breach of whole or a part of the conditions stated in the above, the
Company shall not be liable to indemnify for any loss or damage occurring thereafter,
except when the Company’s written consent has been obtained.
不保事項
Article 2.
In the event of a breach of whole or a part of the conditions stated in the above, the
Company shall not be liable to indemnify for any loss or damage occurring thereafter,
except when the Company’s written consent has been obtained.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Premium Clauses 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080019 號函備查
承保範圍
Article 1. (Payment of Premium)
The Person effecting the insurance shall pay the premium of the Policy and/or the
Endorsement(s) attaching to and forming part of the Policy (hereinafter called the
Endorsement(s)) in accordance with the terms of premium payment specified in the
Policy and/or the Endorsement(s).
Article 2. (Partial Payment of Premium)
In cases where the premium(s) and/or installment premium(s) is/arc overdue, when the
Person effecting the insurance pays part of the overdue premium(s) and/or installment
premium(s), the Company shall be deemed to receive it in following sequence:
(1) The premium or the installment premium of which due date came earlier.
(2) The premium or the installment premium specified in the Schedule, if the due
dates fall on the same day.
Article 3. (Payment of Premium if the Vessel is lost)
In the event of a total or constructive total loss of the Vessel caused by a peril insured
against, the Company shall be entitled to debit the total of the unpaid premiums and/or
the unpaid installment premium(s), whether overdue or not, to the Person effecting the
312
insurance.
Article 4. (Payment or Return of Premium if the insurance is cancelled due to other
than Non-payment of Premium)
1. In case where the Person effecting the insurance requests change of terms and
conditions of this insurance, and where the Company, in the process of’ agreement to
such request, once cancels this insurance to replace it with amended terms and
conditions, the Company shall debit or return the balance of the premium calculated
for the expired period of this insurance and the premium already received, to the
Person effecting the insurance.
2. In case where the Person effecting the insurance requests cancellation of this
insurance:
(1) by reason of any change, voluntary or otherwise. in the ownership or tag, transfer
to new management. or charter on a bareboat basis. or requisition for title or use of the
Vessel.
the Company shall return the unexpired portion of the premium already received
which is calculated on a pro rata daily basis as from the day on which such
cancellation occurred, to the Person effecting the insurance.
(2) by reason of other than the above (1).
the Company shall debit or return the balance of the premium calculated for the
expired period of this insurance in force subject to the following attached “Short Rate
Scale” and the premium already received, to the Person effecting the insurance.
[SHORT RATE SCALE]
Expired period of insurance Percent of Annual Premium
1 month and under 20%
2 months and under 30%
3 months and under 40%
4 months and under 50%
5 months and under 60%
6 months and under 70%
7 months and under 80%
8 months and under 90%
Over 8 months 100%
不保事項
同主保險契約
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
313
商品名稱:TOKIO MARINE NEWA INSURANCE Excess Collision
Liability Clause (A) 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080020 號函備查
承保範圍
Article 1.
This insurance is extended to cover collision liability (four-fourths) not recoverable in
full under clauses 8 and 9 of the Institute Time Clauses- Hulls 1/10/83 or 1/11/95, or
the Institute Time Clauses-Hulls 1/10/83 Amended for Japanese Clauses Class
No.5(4/90) or No.6(4/90) by reason of such liability exceeding the insured value on
hull and machinery, in which case the amount recoverable under this clause shall be
such proportion of the difference so arising as the insured amount on hull and
machinery bears to the insured value thereon. The Underwriters’ liability under this
clause, in respect of any one claim, shall not exceed the difference between the limit
of liability as provided for in Article 3-1-(b) of Protocol of 1996 to Amend the
Convention on Limitation of Liability for Maritime Claims, 1976 (hereinafter “1996
Protocol”) and the insured value of the Vessel (in case of the Japanese Law regarding
Limitation of Liability of Shipowners, etc. being applied, the limitation of liability
shall be provided for in the Article 7-1-(1) of the Law.).
Article 2.
Under the Article1 of this clause, the Underwriters’ liability in respect of any one
claim, shall not exceed the difference between the limit of liability as provided for in
applied law and the insured value of the Vessel, whether the Assured proceeds for
limitation of liability allowed under the law or dose not.
Article 3.
The limitation of liability of the Vessel shall be provided in accordance with 1996
Protocol, even if the Vessel by definition does not come under 1996 Protocol.
不保事項
同主保險契約
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Small General Average
Clauses 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080021 號函備查
承保範圍
314
Article 1.
Notwithstanding Clause 11 of the Institute Time Clauses-Hulls 1/10/83, the Institute
Time Clauses-Hulls 1/10/83 Amended for Japanese Clauses Class No.5(4/90) or
No.6(4/93) ,where there is a loss which would be deemed as a general average loss,
the Company shall be liable to indemnify the Assured for the whole of such losses
(excluding commission and interest) within the limit of the amount specially agreed in
the Policy, provided that the Person effecting the insurance or the Assured have
waived their right of contribution from the other parties.
Article 2.
In cases where York-Antwerp Rules, 2004 shall be applied in respect of general
average subject to contract of carriages, and irrespective of the provisions of Rule VI.
(Salvage Remuneration) of the Rules, the Person effecting the insurance or the
Assured pays the proportion of salvage due from other parties and do not debit that
salvage to other parties, full amount of salvage ( including the proportion of salvage
due from the Vessel ) shall be deemed to be included in general average under the
proceeding Article 1.
不保事項
同主保險契約
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Deductible Clauses (G) 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080022 號函備查
承保範圍
Article 1.
No claim for the cost of the repairs arising from perils enumerated in Clause 6 of the
Institute Time Clauses-Hulls 1/10/83 or 1/11/95, or the Institute Time Clauses-Hulls
1/10/83 Amended for Japanese Clause Class No.6(4/93) and perils enumerated in the
Institute Additional Perils Clauses-I-lulls (for use only with the Institute Time Clauses-
Hulls 1/10/83 or 1/11/95), or the Institute Additional Perils Clauses-Hulls 1110/83
Amended(4/93) (for use only with the Institute Time Clauses-Hulls 1/10/83) shall be
payable under this insurance unless the aggregate, which shall be limited to the
insured value of the Vessel, of all such claims arising out of each separate accident or
occurrence exceeds the deductible specified in the schedule in which case this sum
shall be deducted.
Article 2.
315
The expense of sighting the bottom of the Vessel, with the consent of the Underwriters,
immediately after her stranding, grounding, collision or contact with any external
object other than water, if reasonably incurred specially for that purpose, shall be paid
even if no damage be found.
Article 3.
The provision of Clause 12.1 of the Institute Time Clauses-Hulls 1/10/83 or 1/11/95,
or the Institute Time Clauses-Hulls 1/10/83 Amended for Japanese Clause Class
No.6(4/93) shall be deleted.
不保事項
Article 1.
No claim for the cost of the repairs arising from perils enumerated in Clause 6 of the
Institute Time Clauses-Hulls 1/10/83 or 1/11/95, or the Institute Time Clauses-Hulls
1/10/83 Amended for Japanese Clause Class No.6(4/93) and perils enumerated in the
Institute Additional Perils Clauses-I-lulls (for use only with the Institute Time Clauses-
Hulls 1/10/83 or 1/11/95), or the Institute Additional Perils Clauses-Hulls 1110/83
Amended(4/93) (for use only with the Institute Time Clauses-Hulls 1/10/83) shall be
payable under this insurance unless the aggregate, which shall be limited to the
insured value of the Vessel, of all such claims arising out of each separate accident or
occurrence exceeds the deductible specified in the schedule in which case this sum
shall be deducted.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Law and Jurisdiction
Clauses 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080023 號函備查
承保範圍
Article 1.
English law and practice shall apply as to liability for and settlement of any and all
insurance claims. In all other respects, including issues as to the existence and validity
of this insurance, this insurance is subject to Japanese law and practice.
Article 2.
This insurance shall be subject to the exclusive jurisdiction of the Tokyo District Court
of Japan, except as may be expressly provided herein to the contrary.
不保事項
同主保險契約
316
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE Iranian Oil Exclusion
Clause 核准日期及文號
101 年 10 月 15 日新安東京海上 101 字第 080024 號函備查
承保範圍及不保事項
In the event of the Vessel being employed in a transport of crude oil, petroleum
products and petrochemical products from Iran, no claim shall be recoverable under
this insurance for loss, damage, liability or expense.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE MARINE GENERAL LIABILITY
CLAUSE 核准日期及文號
102 年 01 月 04 日新安東京海上 102 字第 0006 號函備查
承保範圍
COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY
Insuring Agreement.
1. We will pay those sums that the insured becomes legally obligated to pay as
damages because of "bodily injury" or "property damage" to which this insurance
applies. We will have the right and duty to defend the insured against any "suit"
seeking those damages. However, we will have no duty to defend the insured against
any "suit" seeking damages for "bodily injury" or "property damage" to which this
insurance does not apply. We may at our discretion investigate any "occurrence" and
settle any claim or "suit" that may result. But:
a. The amount we will pay for damages is limited as described in LIMITS OF
INSURANCE (SECTION V); and
b. Our right and duty to defend end when we have used up the applicable limit of
insurance in the payment of judgments or settlements under Coverage A or B or
medical expenses under Coverage C and/or other coverages endorsed to this policy
and/or Supplementary Payments under Section III.
No other obligation or liability to pay sums or perform acts or services is covered
unless explicitly provided for under SUPPLEMENTARY PAYMENTS –
317
COVERAGES A AND B (SECTION III).
2. This insurance applies to "bodily injury" and "property damage" only if:
a. The "bodily injury" or "property damage'' is caused by an ''occurrence" that takes
place in the ''coverage territory;" and
b. The ''bodily injury" or ''property damage" occurs during the policy period.
3. Damages because of ''bodily injury'' include damages claimed by any person or
organization for care, loss of services or death resulting at any time from the "bodily
injury."
COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY
Insuring Agreement.
1. We will pay those sums that the insured becomes legally obligated to pay as
damages because of "personal injury'' or ''advertising injury'' to which this coverage
part applies. We will have the right and duty to defend the insured against any "suit''
seeking those damages. However, we will have no duty to defend the insured against
any "suit" seeking damages for "personal injury" or "advertising injury" to which this
insurance does not apply. We may at our discretion investigate any "occurrence'' or
offense and settle any claim or "suit'' that may result. But:
a. The amount we will pay for damages is limited as described in LIMITS OF
INSURANCE (SECTION V); and
b. Our right and duty to defend end when we have used up the applicable limit of
insurance in the payment of judgments or settlements under Coverage A or B or
medical expenses under Coverage C and/or Supplementary Payments under Section
III.
(1) No other obligation or liability to pay sums or perform acts or services is covered
unless explicitly provided for under SUPPLEMENTARY PAYMENTS -
COVERAGES A AND B (SECTION III).
2. This insurance applies to:
a. ''Personal injury" caused by an offense arising out of your business, excluding
advertising, publishing, broadcasting or telecasting done by or for you;
b. "Advertising injury" caused by an offense committed in the course of advertising
your goods, products or services;
but only if the offense was committed in the ''coverage territory'' during the policy
period.
COVERAGE C. MEDICAL PAYMENTS
Insuring Agreement.
1. We will pay medical expenses as described below
for "bodily injury'' caused by an accident:
a. On premises you own or rent;
b. On ways next to premises you own or rent; or
318
c. Because of your operations;
provided that:
a. The accident takes place in the "coverage territory" and during the policy period;
b. The expenses are incurred and reported to us within one year of the date of the
accident; and
c. The injured person submits to examination, at our expense, by physicians of our
choice as often as we reasonably require.
2. We will make these payments regardless of fault. These payments will not exceed
the applicable limit of insurance. We will pay reasonable expenses for:
a. First aid at the time of an accident;
b. Necessary medical, surgical, x-ray and dental services, including prosthetic
devices; and
c. Necessary ambulance, hospital, professional nursing and funeral services.
不保事項
A. EXCLUSIONS APPLICABLE TO SECTION I, COVERAGES A AND B ONLY:
Notwithstanding anything to the contrary contained in this policy, it is hereby
understood and agreed that this policy is subject to the following exclusions and that
this policy shall not apply to:
1. Expected or Intended Injury
''Bodily injury" or ''property damage'' expected or intended from the standpoint of the
insured. This exclusion does not apply to "bodily injury" resulting from the use of
reasonable force to protect persons or property.
2. Contractual Liability
"Bodily injury", ''property damage'', “personal injury” or “advertising injury” for
which the insured is obligated to pay damages by reason of the assumption of liability
in a contract or agreement. Subject to all of this policy’s other terms, conditions and
exclusions, this exclusion does not apply to liability for damages:
a. That the insured would have in the absence of the contract or agreement; or
b. For "bodily injury" or "property damage'' assumed in a contract or agreement that
is an "insured contract," provided the "bodily injury" or "property damage'' occurs
subsequent to the execution of the contract or agreement. Solely for the purposes of
liability assumed in an “insured contract”, reasonable attorney fees and necessary
litigation expenses incurred by or for a party other than an insured are deemed to be
damages because of “bodily injury” or “property damage”, provided;
(1) Liability to such party for, or for the cost of, that party’s defense has also been
assumed in the same “insured contract”; and
(2) Such attorney fees and litigation expenses are for defense of that party against a
civil or alternative dispute resolution proceeding in which damages to which this
insurance applies are alleged.
3. Liquor Liability
"Bodily injury'' or ''property damage" for which any insured may be held liable by
reason of:
319
a. Causing or contributing to the intoxication of any person;
b. The furnishing of alcoholic beverages to a person under the legal drinking age or
under the influence of alcohol; or
c. Any statute, ordinance or regulation relating to the sale, gift, distribution or use
of alcoholic beverages.
This exclusion applies only if you are in the business of manufacturing, distributing,
selling, serving or furnishing alcoholic beverages.
4. Workers’ Compensation and Similar Laws;
Any obligation of the insured under a workers’ compensation, disability benefits or
unemployment compensation law, United States Longshore and Harbor Workers’
Compensation Act, Jones Act, Death on the High Seas Act, General Maritime Law,
Federal Employers Liability Act, Outer Continental Shelf Lands Act, Defense Base
Act, or any similar laws, statutes or liabilities.
5. Employer’s Liability
a. “Bodily injury” to:
(1) An “employee” of the insured arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured’s business; or
(2) The spouse, child, parent, brother or sister of that “employee” as a consequence
of paragraph (1) above.
b. This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and
(2) To any obligation to share damages with or repay someone else who must pay
damages because of the injury.
6. Employee Benefits
Liability, expense or costs arising out of any act or omission by you, or any other
person or entity for whose acts or omissions you are legally liable, in respect of your
"Employee Benefits" including but not limited to:
a. Giving counsel to "employees" with respect to "Employee Benefits";
b. Interpreting the "Employee Benefits";
c. Handling and keeping of records in connection with "Employee Benefits";
d. Effecting enrollment, termination or cancellation of "employees" under the
"Employee Benefits";
e. Any dishonest, fraudulent, criminal, or malicious act or omission;
f. Failure of performance of contract by an insurer;
g. Lack of compliance with the terms of any contract, declaration of trust, or
instrument providing "Employee Benefits";
h. Lack of compliance with any law concerning "Employee Benefits";
i. Failure to procure or maintain satisfactory and adequate insurances on
"Employee Benefits" assets or property;
j. Failure of stock or other securities or of any investments of whatever kind to
perform as represented;
320
k. Advice given to an "employee" to participate or not to participate in stock
subscription or similar plans; and
l. Any liability arising out of the Employee Retirement Income Security Act and
any other similar federal, state or other statutes, rules or regulations.
As used in this exclusion, the term "Employee Benefits" includes, without limitation,
Group Life Insurance, Group Health and Dental Insurance, Profit-Sharing Plans,
Pension Plans, Employee Stock Subscription Plans, Workers' Compensation,
Unemployment Insurance, Social Security and Disability Benefits Insurance.
7. Pollution, Seepage, Contamination
a. "Bodily injury", "property damage", “personal injury” or “advertising injury”
which would not have occurred in whole or in part but for the actual, alleged or
threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at
any time:
(1) At or from any premises, site or location that is or was at any time owned or
occupied by, or rented or loaned to, any insured;
(2) At or from any premises, site or location which is or was at any time used by or
for any insured or others for the handling, storage, disposal, processing or treatment of
waste;
(3) Which are or were at any time transported, handled, stored, treated, disposed of,
or processed as waste by or for any insured or any person or organization for whom
you may be legally responsible; or
(4) At or from any premises, site or location on which any insured or any contractors
or subcontractors working directly or indirectly on any insured's behalf are performing
operations:
(a) If the "pollutants" are brought on or to the premises, site or location in connection
with such operations by such insured, contractor or subcontractor; or
(b) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify
or neutralize, or in any way respond to, or assess the effects of "pollutants".
Subparagraphs (1) and (4)(a) do not apply to "bodily injury" or "property damage"
arising out of heat, smoke or fumes from a hostile fire.
As used in this exclusion, a hostile fire means one which becomes uncontrollable or
breaks out from where it was intended to be.
b. Any loss, cost or expense arising out of any:
(1) Request, demand or order that any insured or others test for, monitor, clean up,
remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the
effects of "pollutants"; or
(2) Claim or “suit” by or on behalf of a governmental authority for damages because
of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or
neutralizing or in any way responding to or assessing the effects of "pollutants".
However, this paragraph (7.b.) does not apply to liability for damages because of
“property damage” that the insured would have in the absence of such request,
321
demand, order or statutory or regulatory requirement, or such claim or “suit” by or on
behalf of a governmental authority.
8. Health Hazard
a. "Bodily injury", "property damage", “personal injury” or “advertising injury”
which would not have occurred, in whole or in part, but for the actual, alleged or
threatened inhalation of, ingestion of, absorption of, contact with, exposure to,
existence of, or presence of:
(1) “Asbestos”, "lead", "polychlorinated biphenyl", “silica”, "tobacco", benzene,
formaldehyde, manganese, “fungi” or “microbes”, coal dust, talc, dioxin, pesticides,
herbicides, “methyl tertiary-butyl ether” (MTBE); or
(2) Other substances, materials, wastes or emissions, noise or environmental
disturbance where you are or may be held liable for any reason including, but not
limited to, as a result of the manufacture, production, extraction, sale, handling,
utilization, distribution, disposal or creation by you or on your behalf of such
substances, materials, wastes or emissions, noise or environmental disturbance.
b. Any loss, cost or expense arising out of the testing for, monitoring, cleaning up,
removing, containing, treating, detoxifying, neutralizing, remediating, or disposing of,
or in any way responding to or assessing the effects of substances, materials, products,
wastes or emissions, noise or environmental disturbance as identified in 8.a. (1) and (2)
above.
9. Nuclear
a. Any liability, expense or costs for "bodily injury", ''property damage'', “personal
injury” or “advertising injury”:
(1) With respect to which an "insured" under this policy is also an "insured" under a
nuclear energy liability policy issued by Nuclear Energy Liability Insurance
Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance
Association of Canada or any of their successors, or would be an insured under any
such policy but for its termination upon exhaustion of its limit of liability; or
(2) Resulting from the "hazardous properties" of "nuclear material" and with respect
to which (a) any person or organization is required to maintain financial protection
pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the
"insured" is, or had this policy not been issued would be, entitled to indemnity from
the United States of America, or any agency thereof, under any agreement entered into
by the United States of America, or any agency thereof, with any person or
organization.
b. Any Medical Payments coverage, for expenses incurred with respect of "bodily
injury" resulting from the "hazardous properties" of "nuclear material" and arising out
of the operation of a "nuclear facility" by any person or organization.
c. Any Liability Coverage for "bodily injury" or "property damage" resulting from
the "hazardous properties" of "nuclear material" if:
(1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or
on behalf of an "insured" or (b) has been discharged or dispersed therefrom;
322
(2) The "nuclear material" is contained in "spent fuel" or "nuclear waste" at any time
possessed, handled, used, processed, stored, transported or disposed of by or on behalf
of an "insured", or
(3) The "bodily injury" or "property damage" arises out of the furnishing by an
"insured" of services, materials, parts or equipment in connection with the planning,
construction, maintenance, operation or use of any "nuclear facility," but if such
facility is located within the United States of America, its territories or possessions or
Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility"
and any property thereat.
As used in this exclusion only:
"Hazardous properties" include radioactive, toxic or explosive properties;
"Nuclear material" means "source material," "Special nuclear material" or "by-product
material;"
"Source material," "special nuclear material," and "by product material" have the
meanings given them in the Atomic Energy Act of 1954 or in any law amendatory
thereof;
"Spent fuel" means any fuel element or fuel component, solid or liquid which has been
used or exposed to radiation in a "nuclear reactor,"
"Nuclear waste" means any waste material (a) containing "by-product material" other
than the tailings or wastes produced by the extraction or concentration of uranium or
thorium from any ore processed primarily for its "source material" content, and (b)
resulting from the operation by any person or organization of any "nuclear facility"
included under the first two paragraphs of the definition of "nuclear facility."
"Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used for (1) separating the isotopes of
uranium or plutonium, (2) processing or utilizing "spent fuel," or (3) handling,
processing or packaging "nuclear waste";
(c) Any equipment or device used for the processing, fabrication or alloying of
"special nuclear material" if at anytime the total amount of such material in the
custody of the "insured" at the premises where such equipment or device is located
consists of or contains more than 25 grams of plutonium or uranium 233 or any
combination thereof, or more than 250 grams of uranium 235; or
(d) Any structure, basin, excavation, premises or place prepared or used for the
storage of disposal of "nuclear waste",
and includes the site on which any of the foregoing is located, all operations
conducted on such site and all premises used for such operations.
"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a
self-supporting chain reaction or to contain a critical mass of fissionable material;
"Property damage" includes all forms of radioactive contamination of property.
10. Radioactive Contamination
"Bodily injury" and/or "personal injury" and/or "property damage" arising directly or
323
indirectly from:
a. Ionizing radiations from or contamination by radioactivity from any nuclear fuel
or from any nuclear waste or from the combustion of nuclear fuel;
b. The radioactive, toxic, explosive or other hazardous or contaminating properties
of any nuclear installation, reactor or other nuclear assembly or nuclear component
thereof;
c. Any weapon of war employing atomic or nuclear fission and/or fusion or other
like reaction or radioactive force or matter; or
d. The radioactive, toxic, explosive or other hazardous or contaminating properties
of any radioactive matter. The exclusion in this sub-paragraph does not extend to
radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared,
carried, stored, or used for commercial, agricultural, medical, scientific or similar
peaceful purposes.
Your liability with respect to fire arising directly or indirectly from one or more of the
causes detailed in sub-paragraphs a, b, or d above shall, subject to the provisions of
this insurance, be covered, excluding however any liability, expense or cost caused by
nuclear reaction, nuclear radiation, or radioactive contamination arising directly or
indirectly from that fire.
This exclusion shall be paramount and shall override anything contained in this
insurance which may be inconsistent.
11. Chemical, Biological, Bio-Chemical, and Electromagnetic
Liability, expense or costs directly or indirectly caused by or contributed to or arising
from an actual or threatened act involving a chemical, biological, biochemical or
electromagnetic weapon, device, agent or material when used in an intentionally
hostile manner.
12. “Owned Watercraft”
Any liability, expense or costs, contractually assumed or otherwise, for any sum(s)
that you are or are alleged to be liable with respects to the ownership, use or
entrustment to others of any “owned watercraft”. Use includes operation and “loading
and unloading”.
This exclusion applies even if the claims against any insured allege negligence or
other wrongdoing in the supervision, hiring, employment, training or monitoring of
others by that insured, if the “occurrence” which caused the “bodily injury” or
“property damage” involved the ownership, maintenance, use or entrustment to others
of any “owned watercraft”.
13. Auto, Aircraft
"Bodily injury'' or ''property damage'' arising out of the ownership, maintenance, use
or entrustment to others of any aircraft or ''auto'' owned or operated by or rented or
loaned to any insured. Use includes operation and "loading or unloading."
This exclusion applies even if the claims against any insured allege negligence or
other wrongdoing in the supervision, hiring, employment, training or monitoring of
others by that insured, if the “occurrence” which caused the “bodily injury” or
324
“property damage” involved the ownership, maintenance, use or entrustment to others
of any aircraft or “auto” that is owned by or rented or loaned to any insured.
This exclusion does not apply to:
a. Parking an ''auto" on, or on the ways next to, premises you own or rent, provided
the "auto" is not owned by or rented or loaned to you or the insured;
b. Liability assumed under any ''insured contract'' for the ownership, maintenance or
use of aircraft;
c. "Bodily injury'' or "property damage'' arising out of:
(1) The operation of machinery or equipment that is attached to, or part of, a land
vehicle that would qualify under the definition of “mobile equipment” if it were not
subject to a compulsory or financial responsibility law or other motor vehicle
insurance law or other motor vehicle insurance law in the state where it is licensed or
principally garaged; or
(2) The operation of any of the equipment listed in paragraph f. 2. or f. 3. of the
definition of "mobile equipment'' (Section VIII, Definition 20.); or
d. Non-owned aircraft or "autos" that are handled by you as a stevedore as cargo,
including the operation of non-owned "autos" during "loading or unloading".
14. War and Terrorism Liability Exclusion
“Bodily injury”, “property damage”, “personal injury” or “advertising injury”,
however caused, arising, directly or indirectly, out of:
a. War, including undeclared or civil war;
b. Warlike action by a military force, including action in hindering or defending
against an actual or expected attack, by any government, sovereign or other authority
using military personnel or other agents;
c. Insurrection, rebellion, revolution, usurped power, or action taken by government
authority in hindering or defending against any of these; or
d. (1) Any liability for, or any loss, damage, injury or expense caused by, resulting
from or incurred by “terrorism”; and/or
(2) Any cost or expense the Insured or others directly or indirectly incur with respect
to the steps taken to prevent, suppress, control or reduce the consequences of any
actual, attempted, anticipated, threatened, suspected or perceived “terrorism”.
15. Mobile Equipment
"Bodily injury" or "property damage" arising out of:
a. The transportation of "mobile equipment'' by an "auto" owned or operated by or
rented or loaned to any insured; or
b. The use of "mobile equipment'' in, or while in practice or preparation for, a
prearranged racing, speed or demolition contest or in any stunting activity.
16. Damage to Property
"Property damage" to:
a. Property you own, rent, or occupy, including any costs or expenses incurred by
you, or any other person, organization or entity, for repair, replacement, enhancement,
restoration or maintenance of such property for any reason, including prevention of
325
injury to a person or damage to another’s property;
b. Premises you sell, give away or abandon, if the "property damage" arises out of
any part of those premises;
c. Property loaned to you;
d. Property in the care, custody or control of the insured;
e. That particular part of real property on which you or any independent contractors
or subcontractors working directly or indirectly on your behalf are performing
operations, if the "property damage'' arises out of those operations; or
f. That particular part of any property that must be restored, repaired or replaced
because "your work" was incorrectly performed on it.
Paragraph b. of this exclusion does not apply if the premises are "your work" and were
never occupied, rented or held for rental by you.
Paragraphs c., d., e. and f. of this exclusion do not apply to liability assumed under a
sidetrack agreement.
Paragraph f. of this exclusion does not apply to "property damage" included in the
"products-completed operations hazard".
17. Damage to Your Product
''Property damage" to "your product" arising out of it or any part of it.
18. Damage to Your Work
"Property damage" to ''your work" arising out of it or any part of it and included in the
"products-completed operations hazard". This exclusion does not apply if the damaged
work or the work out of which the damage arises was performed on your behalf by a
subcontractor.
19. Damage to Impaired Property or Property Not Physically Injured
"Property damage" to "impaired property" or property that has not been physically
injured, arising out of:
a. A defect, deficiency, inadequacy or dangerous condition in "your product" or
"your work;" or
b. A delay or failure by you or anyone acting on your behalf to perform a contract
or agreement in accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden
and accidental physical injury to "your product" or "your work" after it has been put to
its intended use.
20. Recall of Products, Work or Impaired Property
Damages claimed for any loss, cost or expense incurred by you or others for the loss
of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or
disposal of:
a. "Your product";
b. ''Your work''; or
c. "Impaired property''.
if such product, work, or property is withdrawn or recalled from the market or from
use by any person or organization because of a known or suspected defect, deficiency,
326
inadequacy or dangerous condition in it.
21. Divers
"Bodily injury" (contractually assumed or otherwise) to any/all diver(s) that resulted
from or occurred from or during “diving operations”.
22. Failure to Perform
Any liability resulting from the failure of "your products" and/or "your work" to meet
any predetermined level of fitness or performance and/or guarantee of such fitness or
level of performance and/or any consequential loss arising therefrom.
23. Employment Practices
"Bodily injury" and/or "personal injury" and/or "advertising injury" arising out of any:
a. Refusal to employ;
b. Termination of employment;
c. Employment-related practices, policies, acts or omissions, such as coercion,
demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation
or discrimination directed at that person;
d. Coercion, demotion, evaluation, reassignment, discipline, defamation,
harassment, humiliation, discrimination; or
e. Consequential "bodily injury" as a result of a. through d. above.
This exclusion applies whether the insured may be held liable as an employer or in
any other capacity and to any obligation to share damages with or to repay someone
else who must pay damages because of the injury.
24. Director's and Officer's
a. Actual or alleged liability arising out of your capacity, duty or responsibility as
an Officer, Director or Trustee of a corporation by reason of any breach of fiduciary
duty or improper conduct or conflict of interest in the performance of your duties,
responsibilities or accountability as an Officer, Director or Trustee, including, without
limitation, any actual or alleged misstatement, mis¬leading statement, gain of personal
profit or advantage to which you were or are not entitled legally, any dishonest act, or
bad faith conduct, in your capacity as an Officer, Director or Trustee, or with respect
to the capital or assets of the Corporation, or any action taken beyond the scope of
your authority as an Officer, Director or Trustee; or
b. Actual or alleged liability of any Officer, Director or Trustee arising out of or
asserted in a shareholder's deriva¬tive action; or
c. Actual or alleged liability which would be payable under the terms of coverage of
a Directors and Officers Liability Insurance Policy or a Directors and Company
Reimbursement Indemnity Policy of the type issued by stock insurance companies of
the United States, as if you had obtained such coverage in an amount sufficient to pay
the full amount being claimed against you, whether or not you have obtained such
coverage; or
d. “Property damage”, “bodily injury”, "personal injury" or "advertising injury"
claims, "suits" or proceedings for, based upon, arising from, attributable to, related to,
or in any way connected with, in whole or part, directly or indirectly:
327
(1) Any actual or alleged violation of the Securities Act of 1933 as amended, or the
Securities Exchange Act of 1934 as amended, or any state blue sky or Canadian
securities law.
(2) Any similar state blue sky, federal or Canadian statutes regulating securities
similar to the foregoing, or as they may be amended, any rules or regulations adopted
pursuant thereto, or any other state blue sky or Canadian laws or common laws
relating to securities; or
e. Actual or alleged liability arising out of or incidental to any alleged violation(s)
of any federal or state law regulating, controlling and governing antitrust or the
pro¬hibition of monopolies, activities in restraint of trade, unfair methods of
competition or deceptive acts and practices in trade and commerce including, without
limitation, the Sherman Act, the Clayton Act, the Robinson-Patman Act, the Federal
Trade Commission Act and the Hart-Scott Rodino Anti¬trust Improvements Act; or
f. Actual or alleged liability arising out of or contributed to by the insured's
dishonesty or infidelity.
25. Professional Liability
a. This insurance does not apply to "bodily injury", "property damage", "personal
injury” or “advertising injury" arising out of or allegedly arising out of the rendering
of or failure to render any professional services by you or on your behalf, but only
with respect to either or both of the following operations:
(1) Providing engineering, architectural, watercraft brokering, inspection or
surveying services to others in your capacity as an engineer, architect, watercraft
broker, inspector or surveyor and/or performance of any claim, investigation,
adjustment, inspection, appraisal, survey or audit services; and/or
(2) Providing, or hiring independent professionals to:
(a) Provide engineering, architectural, watercraft brokering, inspection or surveying
services in connection with construction work you perform; or
(b) Perform any claim, investigation, adjustment, inspection, appraisal, survey or
audit services.
b. Subject to Paragraph c. below, professional services include:
(1) (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, inspections, field orders, change orders, or drawings and
specifications, and/or claim investigation reports, adjustments, inspections, appraisals,
surveys or audits; and/or
(b) Hiring and/or re-hiring or charter brokerage of watercraft for or on behalf of
others.
(2) Supervisory or inspection activities performed as part of any related architectural
or engineering activities.
c. Professional services do not include services within construction means, methods,
techniques, sequences and procedures employed by you in connection with your
operations in your capacity as a construction contractor, provided you are designated
as such under item 3, Description of Operations, in the Declarations of this policy.
328
26. False Advertising, Willful Intent, Unauthorized Use
"Personal injury" or ''advertising injury" arising out of:
a. Oral or written publication of material, if done by or at the direction of the
insured with knowledge of its falsity;
b. Oral or written publication of material whose first publication took place before
the beginning of the policy period;
c. The willful violation of a penal statute or ordinance committed by or with the
consent of the insured; or
d. The unauthorized use of another’s name or product in your e-mail address,
domain name or metatag, or any other similar tactics to mislead another’s potential
customers.
27. Breach of Contract, Failure to Conform, Wrong Description
“Personal Injury” and "Advertising injury" arising out of:
a. Breach of contract, except an implied contract to use another’s advertising idea in
your advertisement;
b. The failure of goods, products or services to conform with advertised quality or
performance;
c. The wrong description of the price of goods, products or services; or
d. An offense committed by an insured whose business is advertising, broadcasting,
publishing or telecasting.
28. U.S. Economic and Trade Sanctions Clause
Whenever coverage provided by this policy would be in violation of any U.S.
economic or trade sanctions such as, but not limited to, those sanctions administered
and enforced by the U.S. Treasury Department’s Office of Foreign Assets Control
(“OFAC”), such coverage shall be null and void.
Similarly, any coverage relating to or referred to in any certificates or other evidences
of insurance or any claim that would be in violation of U. S. economic or trade
sanctions as described above shall also be null and void.
29. Electronic Data
Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to
access, or inability to manipulate electronic data.
As used in this exclusion, electronic data means information, facts or programs stored
as or on, created or used on, or transmitted to or from computer software, including
systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives,
cells, data processing devices or any other media which are used with electronically
controlled equipment.
30. Infidelity and/or Dishonesty
Any claim(s) of an “insured” whose infidelity, dishonesty and/or fraud caused the loss
for which that “insured” seeks indemnity, whether committed individually or in
collusion with others, and whether or not such act(s) be committed during regular
business hours.
31. Fines, Penalties, Punitive Damages
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Fines, penalties, bad faith damages, punitive or exemplary damages, including treble
damages or any other damages resulting from multiplication of compensatory
damages.
Except with respects to exclusions 1, 2, 9, 10 and 14, Section II.A. does not apply to
damage by fire to premises while rented to you or temporarily occupied by you with
permission of the owner. A separate limit of insurance applies to this coverage as
described in Section V – Limits of Insurance.
B. EXCLUSIONS APPLICABLE TO SECTION I, COVERAGE C ONLY:
We will not pay expenses for "bodily injury”:
1. Any Insured
To any insured.
2. Hired Person
To a person hired to do work for or on behalf of any insured or a tenant of any
insured.
3. Injury on Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person
normally occupies.
4. Workers Compensation and Similar Laws
To a person, whether or not an employee of any insured, if benefits for the
"bodily injury" are payable or must be provided under a workers compensation or
disability benefits law or any similar law or under the doctrine of maintenance and
cure.
5. Athletics Activities
To a person injured while practicing, instructing or participating in any physical
exercises or games, sports, or athletic contests.
6. Products-Completed Operations Hazard
Included within the ''products-completed operations hazard.''
7. Section II.A. Exclusions
Excluded under Section II.A. of this policy.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE MISC PROPERTY AND INLAND
MARINE INSURANCE CLAUSE 核准日期及文號
102 年 01 月 04 日新安東京海上 102 字第 0007 號函備查
承保範圍
一、承保之財產
330
本附加保險承保被保險人於貨物運輸過程中有關之下列財產:
1. 建築物
a. 包含增建部份
b. 設備、機器及其他在承保建築物上的永久附著物
c. 戶外設施
d. 用以維持和服務承保的建築物的動產
e. 無其他保險承保:
a. 建築物和附加物正在建造、裝修和維修;
b. 材料、配備、物資和暫時性構造在或包含在 1,000 呎內的「承保地
點」,用以建造、裝修和維修建築物或附加物。
f. 建物玻璃
g. 以下的財產位在或包含在承保建築的 1000 呎內:
a. 廣播及電視塔、天線、衛星天線、天線杆、導入線和拉線。
b. 遮篷、頂蓬
c. 圍籬
h. 標誌(不論是否連接到承保建築物)
2. 公司動產
a. 承租者的修復、裝修、安裝或其他
b. 需投保的租賃動產
c. 藉由提供勞力、材料和服務給他人的動產所產生之利得
d. 電腦(如果沒有被其他保單承保)
e. 動產即將成為設備
f. 行動通訊設備
g. 動產和其他
二、費用附加承保範圍
附加承保被保險人於貨物運輸過程中所必須之下列費用:
1. 殘餘物清除
2. 緊急清除
3. 消防費用支出
4. 污染物清除
5. 防火設備復原支出
三、動產附加承保範圍
1. 縱火資訊賞金
2. 品牌和商標移除費用
3. 間接損失
4. 建築物的地基、樁基、和地下管線
5. 庫存評估上的花費
6. 新建築物
7. 法令
331
a. 法令的執行造成的損失
b. 修繕、重建增加的費用
c. 破壞和清除未損毀部分的費用
8. 個人財產
9. 新增地點下的動產
10. 各類植物的清除費,且發生在以下情形:
a. 火災
b. 閃電
c. 爆炸
d. 暴動、民眾騷擾
e. 掉落物
四、附加海上承保範圍
1. 應收帳款
2. 藝術品
3. 展覽中的財產
4. 運輸中的財產
5. 銷售代理樣品
6. 資訊調查費用
五、涵蓋危險
除列項目外的所有外在危險
六、其他承保範圍
1. 建築物倒塌造成的直接損失
a. 商業產能計畫中的特定危險
b. 隱藏的腐朽
c. 隱藏的蟲害
d. 人體或動產的載重
e. 屋頂與水的載重
f. 使用有缺陷的材料或施工方法,且崩塌發生在建設的過程中
2. 因以下造成之損害,建築物需要修繕(清理和替換)
a. 任何因水所造成之損失
b. 其他液體
c. 粉末
d. 易融物質
不保事項
一、除外不保之動產
1. 空運及水運之財產
2. 飛機和船隻
3. 牲畜
332
4. 汽車和各式車輛
5. 禁運品
6. 農作物
7. 進口和出口貨物
8. 土地、水或挖掘費用
9. 貨幣和證券
10. 已保特定保險的財產
11. 他人的財產
12. 已售的財產
二、除外危險
1. 除列下列事故所致之損失會費用
a. 因法令要求使用、建造、維修、拆除
b. 地震或火山爆發
c. 政府公權力(扣押、徵收等)
d. 核子污染
e. 水電或其他效能停擺造成的損失
f. 戰爭
g. 任何因水所致之損失
2. 亦除外下列損失或費用
a. 牲畜
b. 崩塌
c. 污染
d. 犯罪行為
e. 缺失、錯誤或疏漏
f. 電流
g. 蒸氣設施爆炸
h. 液體結凍
i. 增加的危險
j. 使用中的損失
k. 機械故障
l. 疏忽
m. 污染物
n. 滲漏
o. 管線的熱脹冷縮
p. 煙燻
q. 溫度/溼度
r. 因不法行為自願放棄權利
s. 磨損
t. 氣候
333
三、除列或受限制的附加財產
1. 應收帳款
a. 會計上的錯誤、疏忽
b. 帳目不一致所需要的查帳動作
2. 牲畜
3. 蒸氣鍋爐
4. 皮製品偷竊(或超過$10,000 的部份)
5. 玻璃及易碎品
6. 水溝和雨水管
7. 建築物內部
8. 貴重物品(超過$10,000 的部份)
9. 遺失的財產
10. 戶外的動產
11. 印章、票券和(或)信用狀(超過$5,000 的部份)
12. 移轉後的財產
13. 重要文件
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE SANCTION CLAUSE 核准日期及文號
102 年 01 月 04 日新安東京海上 102 字第 0008 號函備查
承保範圍及不保事項
This policy does not provide any insurance coverage nor provide any benefit
hereunder to the extent that the provision of such insurance coverage and/or the
provision of such benefit would expose the insurer to any applicable sanction laws.
This policy does also not provide any insurance coverage or other benefits, if and
to the extent there is no reinsurance coverage due to economic or trade sanction law or
regulations of the EU/EEA.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:Equipment All Risks Wording - ROV/POL/STD/1/7/13 核准日期及文號
103年 02 月 27日新安東京海上 103商字第 0007 號函備查
承保範圍
334
1. 持續租用費:本保險承保被保險人設備之持續租用費。
2. 殘餘物清除(運送):本保險承保合理移除、處置殘餘物之費用。
3. 稅負:本保險承保標的物額外附加的費用,包含合理的運費、稅務等。
4. 員工之工具及設備:額外承保被保險人及員工之工具及設備。
5. 展覽與展示:本保險承保標的物於展覽或展示期間所致之損失。
6. 租借予第三人設備:承保被保險人租借予第三人之設備。
7. 租借予第三人設備之或有基礎。
8. 額外增加成本:如設備受損致不具備可使用的商用價值時,保險人將會賠付
被保險人租賃設備之成本費用。
9. 運輸適用協會條款
9.1 協會貨物運輸保險(A)條款
9.2 協會貨物運輸保險空運條款(除外郵包運送)
9.3 協會戰爭險附加條款(海運)
9.4 協會戰爭險附加條款(空運)(除外郵包運送)
9.5 協會戰爭險附加條款(郵包運送)
9.6 協會罷工險附加條款(海運)
9.7 協會罷工險附加條款(空運)
9.8 協會船級附加條款
10. 本保險附加承保地雷、炸彈、魚雷等戰爭風險,但除外路上損失及兵險條款
之承保內容。
11. 殘體:在保險人事先核准的情況下得同意承保標的物之殘體。
12. 空運重置成本:本保險額外補償被保險人標的物之空運重置成本。
13. ROV水下設備於水中作業時適用特別約定:本保險擴大承保標的物之損失起
因於
13.1潛在瑕疵,但除外修復該潛在瑕疵之成本費用
13.2船長、船員、領航員等相關操作者的疏忽。
13.3修理員、租船主或雇員之疏忽,但修理員及租船主非本保險之被保險人。
14. 拖救包含搜尋及修復費用:本保險擴大承保因危險事故所衍生之費用但限於
以下
14.1 該費用是用於合理減輕損失擴大者
14.2 必須確護保險人對於第三人之追償權
15. 拖船風險:除保險人事先同意外本保險除外標的物由拖船或浮筒拖拉之風
險。
16. 放棄代位求償權:本保險附加承保被保險人要求放棄追償之損失。
17. 暫存殘餘物清除:本保險承保暫存時承保事故發生所需清除殘餘物之額外費
用。
不保事項
1. 詐欺:本保險不承保任何依詐欺所生之損失。
2. 協會船級附加條款
3. 協會輻射污染、化學、生物、生化或電磁武器除外附加條款
4. 除外陸上損失及兵險條款之承保內容。
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5. 本保險不賠償標的物因被保險人所控制擁有之車輛運送時遭竊的情況。
6. 制裁限制及除外條款:不得提供承保及支付任何賠款或提供任何利益給下
述,依據聯合國決議有關制裁、禁令或限制之國家,或經歐盟、英國或美國
所作貿易或經濟制裁、法律或規範之國家。
7. 貨運航程終止條款(恐怖主義):
本條款是最為重要的條款,其優先順序凌駕本保險所有條件。
除本保險契約或其條款有相反之意思表示者外,本保險契約同意就本保險單
承保因任何代表人或有關組織因採取以武力或暴力方式,藉以直接推翻或影
響不論其是否合法成立之任何政府組織的任何恐怖主義行為所致者或任何
人因政治、意識形態或宗教動機行為所致者。
承保範圍得取決於保險標的物是否在運輸過程中以及任何意外事故所致者
而定,同時,以下任何情況發生時,保險效力即行終止:
依保險契約上約定之運輸條款之規定終止;或
自運送車輛或其他運輸工具完全卸載至本保險契約所載明目的地之最終倉
庫或儲存處所。
自運送車輛或其他運輸工具完全卸載至本保險契約所載明目的地或中途之
任何倉庫或儲存處所,而為被保險人或其員工用作通常運輸過程以外之儲存
或分配或分送,或
當被保險人或其員工使用任何運輸車輛或其他運輸工具或任何貨櫃作
為通常運輸過程以外的儲存時,或
以海運時,至被保險標的物自海輪在最終卸貨港完成卸載後起算屆滿 60天;
以空運時,至被保險標的物自飛機在最終卸貨地卸載後起算屆滿 30 天。
以其先發生者為準。
倘本保險契約或條款具有附帶特別承保上述儲存或保險效力終止後伴隨而
來之內陸或其他特定運輸保險,則其承保可以重新生效,並可於通常運輸過
程繼續有效,但其效力重依上述規定而终止。
8. 戰爭危險:除非事先加收保費否則不予承保標的物於航行於特定國家,且上
述國家之費率將會大於一般國家,加費與國家別部分可詳 NMU網站。
9. 暫存條款:本保險除外以下
9.1 標的物短少等無法舉證之損失
9.2 被保險人處所時於開放區域或存於無人管理處所被竊
10. 設備故障:除外電子系統之故障,除非該故障是由承保事故所引起的。
11. 徵收:除外設備招到任何政府機關或當地管理機關之徵收使用。
12. 持續損失:除外持續性損失,除非該損失原因明確且為承保範圍所致。
13. 資料損失:除外資料庫損失所造成之成本及後續費用。
14. 加密序號:任何軟硬體加密、序號及認證等因遺失、錯放等無法舉證之損失。
15. 設備水井探勘:除外作業於水井、鍋爐等工業器具之探勘作業。
16. 管路探勘:除外作業於水管、油管等探勘作業。
17. 既有瑕疵:本保險除外蟲蛀、蟲咬、計有瑕疵、零組件缺陷、耗蝕、耗損、
逐漸惡化、汙染、生鏽及腐壞等,但此除外不包含突然且偶發的事故。
18. 折舊損失:除外市場折舊等價值損失。
336
19. 有價證券:除外任何有價證券包含錢幣、支票、信用卡、郵票等。
20. 陸上運輸工具:除非合約已載明承保者除外任何陸上運輸工具。
21. 生鏽、氧化、變色:除非承保事故所致除外所有生鏽、氧化、變色。
22. 刮損凹損:除非承保事故所致除外所有刮損、凹損(包含烤漆上色等費用)。
23. 地下存放:除外標的物存放於地面下的情況。
24. 浮力小船:除外標的物裝載於非動力之浮力小船。
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
請洽本公司
商品名稱:TOKIO MARINE NEWA INSURANCE SPECIAL REPLACEMENT
CLAUSE (AIR FREIGHT) 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0094 號函備查
承保範圍及不保事項
It is specially understood and agreed that charges for forwarding part or parts for
replacement or repair provided for in the Institute Replacement Clause attached hereto
shall include those forwarding by air.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE DEFERRED UNPACKING CLAUSE
- B VERSION WORDING 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0095 號函備查
承保範圍及不保事項
Any loss of or damage to the goods hereby insured which cannot be found from the
external appearance of the original package shall be reported to this Company's
Agents for survey as soon as it is found upon unpacking the package, but not later than
___ days after arrival at Site.
In no case shall this Company be liable to pay any loss or damage reported to this
Company's Agents after the expiry of the said 90 days nor any loss or damage
occurring after the expiry of the cover under this policy.
In case of Non-Delivery of an entire package or original outer packing being found
broken at the time of the delivery of the goods to the Consignee's or Customer's
warehouse, the assured should take steps against responsible carriers or bailees in
337
accordance with the “IMPORTANT” Clause incorporated in this policy.
Further, in case of the latter damage, the assured should immediately give notice to
this Company's Agents for survey of the contents of the broken package.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE DEBRIS REMOVAL CLAUSE –D
VERSION WORDING 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0096 號函備查
承保範圍及不保事項
1. This insurance also covers extra expenses incurred by the Assured to remove and
dispose of subject-matter insured, or part thereof, which may be occasioned by a loss
or damage caused by any risks insured against.
2. However, in no event shall be liable for following cases;
(1) any expense or liability incurred in consequence of or to prevent or mitigate
pollution or contamination
(2) the cost of removal of cargo from any conveyances.
3. This Company shall not be liable under this Clause for more than ______- or the
equivalent in other currencies per any one accident.
4. The limit of liability of this Company with respect to the coverage shall be separate
from and in addition to any other limit of liability set forth in this policy.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE INSPECTION CHARGE CLAUSE 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0097 號函備查
承保範圍及不保事項
1. In case there should be a possibility of loss or damage covered by this policy during
the period of this insurance and this Company considers that the inspection and/or
survey are required, this Company covers any following extra costs the Assured is
forced to pay.
(1) inspection &/or survey fees and charges
(2) assortment &/or re-packing fees and charges
(3) costs and expense of returning &/or re-transport(including air freight and duty in
338
case duties are imposed)
(4) any other related costs
2. This Company shall not be liable under this clause for more than ________ or the
equivalent in other currencies per any one accident
3. The limit of liability of this company with respect to the coverage shall be separate
from and in addition to any other limit of liability set forth in this policy.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE EXPEDITING COST CLAUSE 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0098 號函備查
承保範圍及不保事項
1. Notwithstanding anything to the contrary contained herein, it is specially
understood and agreed that this insurance shall be extended to cover the following
extra costs reasonably incurred for the purpose of the timely delivery, in the event of
loss of and/or damage to the subject- matter insured caused by an insured peril.
(1) Extra cost of temporary repair, inspection and/or replacement of damaged
subject-matter insured
(2) Extra cost of expediting the repair, inspection and/or replacement of damaged
subject-matter insured
both include overtime wages, express freight &/or other rapid means of transportation.
2. This Company shall not be liable under this clause for more than _______ or
equivalent in other currencies per any one accident
3. The limit of liability of this Company with respect to the coverage shall be separate
from and in addition to any other limit of liability set forth in this policy.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE NON-SURVEY CLAUSE 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0099 號函備查
承保範圍及不保事項
Notwithstanding anything to the contrary contained in the Institute Cargo Clauses and
Important Clause, in case the claim amount is estimated to be not more than ________
or the equivalent in other currencies, the claims shall be paid upon the basis of the
339
statement with photograph prepared by the Assured of the particulars of loss of or
damage to the goods hereby insured, instead of a survey report.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE BRAND PROTECTION CLAUSE
- B VERSION WORDING 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0100 號函備查
承保範圍及不保事項
It is specially understood and agreed that if in the opinion of the Assured and this
Company, the subject-matter insured hereunder are unfit for marketing, subject to the
evidence of reasonable and technical report written by a responsible department of the
Assured to make judgment for the total loss, then such the subject-matter insured shall
be destroyed and this Company forgo the benefit of salvage, provided that the damage
is caused by the insured perils during the currency of the policy.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE SPECIAL TRANSIT CLAUSE 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0101 號函備查
承保範圍及不保事項
It is hereby understood and agreed that, notwithstanding anything contained herein to
the contrary (excepting coverage against War), this insurance attaches from the time
the goods are carried out of the warehouse in the interior and remains in force whilst
stored in intermediate warehouse or place of storage and thereafter continues whilst
the goods are stored and/or being installed and test running or dismantled and
terminates on the expiry of the period of ___ days after completion of discharge from
the overseas vessel or aircraft, wherever The Assured has an insurable interest.
During the period of coverage extended by this clause, this insurance shall not cover
(1) Loss, damage, expense or liability attributable to electrical and mechanical
derangement without evidence of damage to the insured goods proved by its external
appearance
(2) Loss, damage, expense or liability caused by defective design, material and/or
340
workmanship of the insured goods.
(3) Loss, damage, expense or liability either directly or indirectly attributable to
Japanese and California Earthquake unless in the ordinary course of transit.
Notwithstanding the foregoing, in case the goods and/or merchandise and/or property
Insured under this endorsement are covered by other insurance of the Assured, then
this endorsement shall be void to the extent that such other insurance is available.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE INLAND TRANSIT CLAUSE
(excluding Japan) 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0102 號函備查
承保範圍及不保事項
It is hereby understood and agreed that this insurance warranted against risks of loss
and/or damage while in inland transit by land, air, water or otherwise, irrespective of
extension of overseas shipment.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE VALUATION CLAUSE 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0103 號函備查
承保範圍及不保事項
1. Unless specifically provided for elsewhere in this policy, or instructions to the
contrary are given or received by the Assured, the goods and/or merchandise and/or
property insured under this policy shall be valued at the total amount of the invoice
issued to the consignee of the insured shipment (including all charges invoiced
therein), plus certain percentage below.
CIF, CIP, DDP and similar trading terms: Invoice + 10%
C&I and similar trading terms: Invoice + 15%
CFR and similar trading terms: Invoice + 15%
FOB, FCA, EXW and similar terms: Invoice + 20%
341
2. The goods and/or merchandise and/or property insured shall be valued unless
otherwise specifically provided 1. of this clause:
Sold Goods: Selling Price + 5%
Unsold Goods: Book Value + 5%
3.Insured goods and/ or merchandise and/or property including sample goods shipped
free of charge, or for an amount not reflective of their actual value, to or from the
Assured shall be valued as follows;
Replacement Cost + 20%
whether or not actually replaced.
4.Used goods, merchandise and machinery/mold insured under this policy shall be
valued as follows;
Actual Cost + 20%
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE ACCUMULATION CLAUSE - D
VERSION WORDING 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0104 號函備查
承保範圍及不保事項
Should there be an accumulation of the interests insured hereunder beyond the limit(s)
of liability expressed elsewhere in this policy by reason of any interruption of transit
or circumstance beyond the control of the Assured’s corporate risk manager or
equivalent, or by reason of any casualty, or at a transshipping point, or on a connecting
conveyance, this Company shall, provided notice of such accumulation is given to this
Company as soon as practicable after it becomes known to the Assured’s corporate
risk manager or equivalent, hold covered such excess interest and shall be liable for
the full amount at risk, but in no event shall this Company’s liability exceed twice the
limit of liability set forth in this policy.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
342
商品名稱:TOKIO MARINE NEWA INSURANCE FINAL INVOICE CLAUSE 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0105 號函備查
承保範圍及不保事項
It is agreed and understood that in respect of loss or damage, the settlement of claims
shall be made upon the basis of Final Invoice which is issued by overseas affiliated
company.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE RECOOPERING / REPACKING
CLAUSE 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0106 號函備查
承保範圍及不保事項
1 In the event the packaging of the goods and/or merchandise and/or property
insured under this policy is damaged due to a risk insured against, this Insurer will pay
the cost of recoopering and/or the cost of new packaging.
2 In respect of packaging which falls outside the above provisions, it is agreed that
should the outer packaging be damaged from an insured risk which renders the insured
goods and/or merchandise and/or property unfit for on-shipment or distribution,
irrespective of the final destination shown herein, this Company will pay the expense
of reasonable repackaging, provided such damage occurred during the currency of this
insurance.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE GOVERNMENTAL DAMAGE
CLAUSE 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0107 號函備查
承保範圍及不保事項
1 DELIBERATE DAMAGE - POLLUTION HAZARD:
This insurance is extended to cover, subject to the applicable insuring terms,
343
conditions and warranties set forth elsewhere in this policy, loss of and damage to an
insured shipment directly caused by a governmental authority acting for the public
welfare to prevent or mitigate a pollution hazard or threat thereof, provided that absent
the governmental action, the shipment would have sustained physical loss or damage
as a result of the occurrence which prompted the governmental action and would have
resulted, subject to the terms, conditions and warranties in this policy, in a claim
recoverable under this policy.
2 DELIBERATE DAMAGE - SERVICES:
This insurance also covers, notwithstanding the F.C. & S. warranty specified in this
policy, and subject to all other insuring terms, conditions and warranties set forth
elsewhere in this policy, physical loss of and damage to the shipment arising out of the
performance of inspection duties by customs service agents or other duly constituted
governmental agencies.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE DEMURRAGE CHARGES CLAUSE 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0108 號函備查
承保範圍及不保事項
If the Assured is directed by this Company to retain a container, trailer or rail car and
if the Assured is assessed a late penalty and/or demurrage charge for the holding of the
container, trailer or rail car past the return date, this Company will pay late penalties
and demurrage charges. The amount this Company will pay shall be the charges
assessed until such time as this Company and the Assured agree that the container,
trailer or rail car may be released.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE F.O.B., F.A.S., C.&F.
SHIPMENTS CLAUSE(excluding Japan) 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0109 號函備查
承保範圍及不保事項
1.This insurance is extended to cover and will attach to goods and/or merchandise
344
and/or property sold by the Assured on F.O.B., F.A.S., and C.& F. terms, or on similar
terms, whereby the Assured is not required to provide transit insurance, from the time
the goods and/or merchandise and/or property, or any portion thereof, depart from the
warehouse, store, factory, or other location at the initial point of shipment (including
while loaded in railroad cars while in or on private sidings prior to the issuance of the
railroad bill(s) of lading) and continuing thereafter until all of the goods and/or
merchandise and/or property are delivered alongside the overseas vessel or other
conveyance or loaded on board the overseas vessel or conveyance as per the terms of
sale.
2.It is agreed that the coverage provided under the terms of this Clause shall be subject
to the applicable terms, conditions and warranties set forth elsewhere in this policy.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE CLASSIFICATION CLAUSE 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0110 號函備查
承保範圍及不保事項
Article 1.
it is a condition of this insurance that at the inception of the period of this insurance
the Vessel is classed with a Classification Society agreed by the Underwriters.
Article 2.
The Underwriters shall not be liable to indemnify any loss or damage occurring
subsequent to the happening of the following, unless the Underwriters’ agreement in
writing to reinstate the cover is obtained after such circumstances have ceased to exist:
(l)change of the Classification Society of the Vessel to a Classification Society not
agreed by the Underwriters.
(2)withdrawal of her Class
(3)suspension or discontinuance of her Class
(4)any recommendations, requirements or restrictions imposed by the Vessel’s
Classification Society which relate to the Vessel’s seaworthiness not being complied
with by the dates required by that Society.
Article 3.
In the event of the case set out in the provision of Article 2(1) through Article 2(4)
happening, the Underwriters may cancel this insurance, Such cancellation shall take
effect therefrom only for the future. The right to cancel the contract shall cease to exist,
345
unless the Underwriters exercise it within 30 days from the date on which they
became aware of the circumstances giving rise to their right of cancellation.
Article 4.
Notwithstanding of any other provision of this insurance being in consistent with this
Article, when the Underwriters cancel this insurance in accordance with the provision
of Article 3, the Underwriters shall return the proportion of the premium for the
unexpired period of the insurance calculated on a pro rata daily basis as from the
following day of the day on which the contract has been cancelled.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE STANDARD CLAUSE FOR
REFRIGERATED CARGO (ALL RISKS-A) 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0111 號函備查
承保範圍及不保事項
Notwithstanding anything to the contrary contained herein (particularly Clause 5 of
the Institute Cargo Clauses (All Risks/A)), it is understood and agreed that this
insurance is against all risks of loss of or damage to the interest insured other than loss
or damage resulting from any variation in temperature howsoever caused, but this
insurance shall not be deemed to extend to cover loss, damage or expense proximately
caused by delay or inherent vice or nature of the subject matter insured.
Notwithstanding the above this insurance is extended to cover loss of, deterioration of
or damage to the interest insured resulting from any variation in temperature which is
attributable to:-
(a) Breakdown or stoppage of the refrigerating machinery for a period of not less
than 24 consecutive hours, or,
(b) Stranding, sinking, burning or collision of the vessel, craft or conveyance,or,
(c) Contact of the vessel, craft or conveyance with any external substance (ice
included) other than water, or,
(d) Fire or explosion, or,
(e) Discharge of the interest insured at a port of distress.
PROVIDED ALWAYS THAT:-
(i) It is a warranty of this insurance that the goods are in sound condition and
properly prepared packed and frozen at the time of attachment of the insurance.
346
(ii) It is a warranty of this insurance that the period between the first passing of the
goods into a Freezing Chamber and shipment on board the overseas vessel shall not
exceed 60 days.
(iii) The Assured shall take all precautions to ensure that the goods are kept in
refrigerated or insulated space during the currency of the policy except during actual
loading or unloading operations.
(iv) It is a condition of this insurance that on discovery by the Assured his servants or
agents of any loss of, deterioration of or damage to any part of the goods immediate
notice shall be given to Underwriters. In no case shall any claim be recoverable
hereunder where notice is given to Underwriters more than 30 days after the
termination of the insurance.
(v) Claim against the carrier shall be immediately filed in writing; a copy of which
must accompany any claim presented under this insurance.
Claim recoverable hereunder shall be payable irrespective of percentage.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE INLAND CARGO TRANSIT
CLAUSES (A) 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0112 號函備查
承保範圍及不保事項
1. Duration
This insurance attaches from the time the goods leave the warehouse or place of
storage at the place named herein for the commencement of transit, continues during
the ordinary course of transit and terminates on completion of unloading after delivery
to the consignee’s or other final warehouse or place of storage at the destination
named herein.
2. Risks Covered
This insurance covers all risks of loss of or damage to the subject-matter insured
except as provided in Clause 3 below.
3. Exclusions
In no case shall this insurance cover
(1) loss damage or expense attributable to willful misconduct of the Assured.
(2) ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of
the subject-matter insured.
(3) loss damage or expense caused by insufficiency or unsuitability of packing or
347
preparation of the subject-matter insured.
(4) loss damage or expense caused by disobedience of the Assured to traffic
regulations about stowage of the subject-matter insured.
(5) loss damage or expense caused by inherent vice or nature of the subject-matter
insured.
(6) loss damage or expense caused by delay, even though the delay be caused by a risk
insured against.
(7) loss damage or expense arising from insolvency or financial default of the owners
managers charterers or operators of the vessel.
(8) loss damage or expense caused by war, civil war, revolution, rebellion, insurrection,
strikes, riots, civil commotions and any terrorist or any person acting from a political
motive.
(9) loss damage or expense arising from the use of any weapon of war employing
atomic or nuclear fission and/or fusion or other like reaction or radioactive force or
matter.
4. Benefit of Insurance
This insurance shall not inure to the benefit of the carrier or other bailee.
5. Duty of the Assured
(1) It is the duty of the Assured and their servants and agents in respect of loss
recoverable hereunder
a. to take such measures as may be reasonable for the purpose of averting or
minimizing such loss, and
b. to ensure that all rights against carriers, bailees or other third parties are properly
preserved and exercised.
and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the
Assured for any charges properly and reasonably incurred in pursuance of these
duties.
(2) Measures taken by the Assured or the Underwriters with the object of saving,
protecting, or recovering the subject-matter insured shall not be considered as a waiver
or acceptance of abandonment or otherwise prejudice the rights of either party.
6. Avoidance of Delay
It is a condition of this insurance that the Assured shall act with reasonable despatch in
all circumstances within their control.
7. Law and Practice
This insurance is subject to law and practice of the Republic of China.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
348
依主保險契約之約定。
商品名稱:TOKIO MARINE NEWA INSURANCE INLAND CARGO TRANSIT
CLAUSES (C) 核准日期及文號
103 年 05 月 20 日新安東京海上 103 商字第 0113 號函備查
承保範圍及不保事項
1. Duration
This insurance attaches from the time the goods leave the warehouse or place of
storage at the place named herein for the commencement of transit, continues during
the ordinary course of transit and terminates on completion of unloading after delivery
to the consignee’s or other final warehouse or place of storage at the destination
named herein.
2. Risks Covered
This insurance covers loss of or damage to the subject-matter insured reasonably
attributable to, except as provided in Clause 3 below.
(1) Fire, lighting, or explosion
(2) Overturning, derailment of land conveyance or collision
(3) Collapsing or breaking down of road, railroad, tunnel, bridge, or overpass
3. Exclusions
In no case shall this insurance cover
(1) loss damage or expense caused by rain, snow, hail, typhoon, flood, earthquake,
pilferage and robbery.
(2) total loss or partial loss to the subject-matter insured by any action in bad intention
caused by anyone.
(3) loss damage or expense attributable to willful misconduct of the Assured.
(4) ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of
the subject-matter insured.
(5) loss damage or expense caused by insufficiency or unsuitability of packing or
preparation of the subject-matter insured.
(6) loss damage or expense caused by disobedience of the Assured to traffic
regulations about stowage of the subject-matter insured.
(7) loss damage or expense caused by inherent vice or nature of the subject-matter
insured.
(8) loss damage or expense caused by delay, even though the delay be caused by a risk
insured against.
(9) loss damage or expense arising from insolvency or financial default of the owners
managers charterers or operators of the vessel.
349
(10) loss damage or expense caused by war, civil war, revolution, rebellion,
insurrection,strikes, riots, civil commotions and any terrorist or any person acting
from a political motive.
(11) loss damage or expense arising from the use of any weapon of war employing
atomic or nuclear fission and/or fusion or other like reaction or radioactive force or
matter.
4. Benefit of Insurance
This insurance shall not inure to the benefit of the carrier or other bailee.
5. Duty of the Assured
(1) It is the duty of the Assured and their servants and agents in respect of loss
recoverable hereunder
(a) to take such measures as may be reasonable for the purpose of averting or
minimizing such loss, and
(b) to ensure that all rights against carriers, bailees or other third parties are properly
preserved and exercised. and the Underwriters will, in addition to any loss recoverable
hereunder, reimburse the
Assured for any charges properly and reasonably incurred in pursuance of these
duties.
(2) Measures taken by the Assured or the Underwriters with the object of saving,
protecting, or recovering the subject-matter insured shall not be considered as a waiver
or acceptance of abandonment or otherwise prejudice the rights of either party.
6. Avoidance of Delay
It is a condition of this insurance that the Assured shall act with reasonable despatch in
all circumstances within their control.
7. Law and Practice
This insurance is subject to law and practice of the Republic of China.
個人保險商品預定費用率
不適用 短期費率表或保費退費係數表
依主保險契約之約定。
商品名稱:American Yacht Form R12 核准日期及文號
103 年 10 月 20 日新安東京海上 103 商字第 0296 號
承保範圍
本保險承保標的物之船體損失、對第三人之責任及補償費用、公共運送意外、醫
療費用給付,但除外因扣押、拘留、逮捕、罷工暴動、海盜所致之損失,並適用
350
以下附加條款:
-American Institute Deliberate Damage - Pollution Hazard (Hull)
美國協會船體故意損害-汙染風險附加條款
-American Institute Increased Value and Excess Liabilities Clauses
美國協會增值及超額責任附加條款
-American Institute Hull War Risks and Strikes Clauses
美國協會船體戰爭及罷工險附加條款
-American Hull Insurance Syndicate War Risk Protection and Indemnity Clauses
美國船體保險辛迪卡兵險防護及補償附加條款
-Navigation Limitations for Hull, War, Strikes, Terrorism and Related Perils
Endorsement
船舶兵險、罷工、恐怖主義和相關風險航行限制批單附加條款
-Hull War, Strikes, Terrorism and Related Peril - Notice of Cancellation
Administration Clause
註銷管理通知附加條款-船舶戰爭、罷工、恐怖組織
-Institute Cyber Attack Exclusion Clause (10/11/03) CI. 380
電腦駭客除外附加條款
-Pilots Non-Liability Clause LSW 787.
船長免責附加條款
-Brokers Cancellation Clause
經紀人取消附加條款
-Continuity Credit Clause
續保減費附加條款
-Premium Payment Clause
保費繳付附加條款
不保事項
除外因扣押、拘留、逮捕、罷工暴動、海盜所致之損失。
-Sanctions Limitation and Exclusions Clause
制裁限制及除外附加條款
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:INSTITUTE CONTAINER CLAUSE-TIME 核准日期及文號
103 年 12 月 23 日新安東京海上 103 商字第 0337 號
承保範圍
This insurance covers all risks of loss of or damage to the subject-matter insured,
except as provided in Clauses 4, 5, 6, 7 and 8 below.
Risks
Clause
351
This insurance covers general average salvage and salvage charges, adjusted or
determined according to the contract of affreightment and/or the governing law and
practice, incurred to avoid or in connection with the avoidance of loss from any cause
except those excluded in Clauses 5, 6,7 and 8 or elsewhere in this insurance, For the
purpose of claims for general average contribution salvage and salvage charges
recoverable hereunder the subject-matter insured shall be deemed to be insured for its
full contributory value.
This insurance is extended to indemnify the Assured against such proportion of liability
under the contract of affreightment “Both to Blame Collision” Clause as is in respect of
a loss recoverable hereunder. In the event of any claim by shipowners under the said
Clause the Assured agree to notify the Underwriters who shall have the right, at their
own cost and expense, to defend the Assured against such claim.
The Underwriters shall only be liable under Clauses 1 and 2 above for loss of or
damage to the machinery of the container
4.1 when the container is a total loss (actual or constructive)
4.2 when such damage is caused by
4.2.1 fire or explosion originating externally to the machinery
4.2.2 vessel or craft being stranded grounded sunk or capsized
4.2.3 overturning derailment or other accident to land conveyance or aircraft
4.2.4 collision or contract of vessel or craft with any external object other than water
4.2.5 general average sacrifice
不保事項
In no case shall this insurance cover
5.1 loss damage or expense attributable to wilful misconduct of the Assured
5.2 ordinary wear and tear, ordinary corrosion and rust, or gradual deterioration
5.3 mysterious disappearance, unexplained loss and loss discovered upon taking
inventory
5.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured
5.5 loss damage or expense proximately caused by delay, even though the delay be
caused by risk insured against (except expenses payable under Clause 2 above)
5.6 loss damages or expense arising from insolvency or financial default
5.7 loss damage or expense arising from unseaworthiness of vessel or craft,unfitness of
vessel craft or conveyance for the safe carriage of the subject-matter insured,where
the Assured or their servants are privy to such unseaworthiness or unfitness.
In no case shall this insurance cover loss damage liability or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or
any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the
consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war
6.4 confiscation nationlisation requisition or pre-emption.
General
Average
Clause
“Both to
Blame
Collision”
Clause
Machinery
Clause
General
Exclusion
Clause
War
Exclusion
Clause
352
In no case shall this insurance cover loss damage liability or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotion
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3 caused by any terrorist or any person acting from a political motive.
In no case shall this insurance cover loss damage liability or expense arising from any
weapon of war employing atomic or nuclear fission and/or fusion or other like reaction
or radioactive force or matter.
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:INSTITUTE CONTAINER CLAUSE-TIME TOTAL LOSS,GENERAL
AVERAGE,SALVAGE,SALVAGE CHARGES,SUE AND LABOUR 核准日期及文號
103 年 12 月 23 日新安東京海上 103 商字第 0338 號
承保範圍
1.This insurance covers all risks of loss of total loss (actual or constructive) of the subject-matter insured except as provided in Clauses 4, 5, 6 and 7 below.
2.This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.
3.This insurance is extended to indemnify the Assured against such proportion of
liability under the contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.
不保事項
4.In no case shall this insurance cover 4.1 loss damage or expense attributable to wilful misconduct of the Assured 4.2 ordinary wear and tear , ordinary corrosion and rust, or gradual deterioration 4.3 mysterious disappearance, unexplained loss and loss discovered upon taking
inventory 4.4 loss damage or expense caused by inherent vice or nature of the subject-matter
insured 4.5 loss damage or expense proximately caused by delay, even though the delay be
caused by a risk insured against (except expenses payable under Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default 4.9 loss damage or expense arising from
unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container for the safe carriage of the
Strike
Exclusion
Clause
Nuclear
Exclusion
Clause
Risks
Clause
General
Average
Clause
"Both to
Blame
Collision"
Clause
General
Exclusions
Clause
353
subject-matter insured,where the Assured or their servants are privy to such unseaworthiness or unfitness
5.In no case shall this insurance cover loss damage or expense caused by 5.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or
any hostile act by or against a belligerent power 5.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the
consequences thereof or any attempt thereat 5.3 derelict mines torpedoes bombs or other derelict weapons of war
confiscation nationalisation requisition or pre-emption.
6.In no case shall this insurance cover loss damage or expense 6.1 caused by strikers, locked-out workmen, or persons taking part in labour
disturbances, riots or civil commotions 6.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions 6.3 caused by any terrorist or any person acting from a political motive.
7.In no case shall this insurance cover loss damage liability or expense arising from any weapon of war employing atomic or nuclear fission and/or fusion or like reaction or radioactive force or matter.
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:Payment of Claim Clause 核准日期及文號
104 年 02 月 02 日新安東京海上 104 商字第 0030 號
承保範圍
Loss, if any, shall be payable to the Assured, or order, or to proper holders of the
Insurance Policy or Declaration issued hereunder.
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:Overland Transportation Cargo Insurance Clause (All
Risks) - Train 核准日期及文號
104 年 02 月 02 日新安東京海上 104 商字第 0031 號
承保範圍
This insurance covers All Risks of loss of or damage to this insured goods whether
partial or total, arising from external causes in the course of transit.
不保事項
War
Exclusion
Clause
Strikes
Exclusion
Clause
Nuclear
Exclusion
Clause
354
In no case shall this insurance cover loss or damage or expense caused by and /or
arising from:
1 The intentional act or fault of the Insured
2 Falling under the liability of the consignor.
3 The quality or shortage of the insured goods prior to the attachment of this
insurance.
4 Normal loss, inherent vice or nature of the insured goods, loss of market and /or
delay in transit and any expenses arising therefrom.
5 5.1 War civil war revolution rebellion insurrection, or civil strife arising therefrom,
or any hostile act by or against a belligerent power
5.2 Capture seizure arrest restraint or detainment , and the consequences thereof or
any attempt thereat
5.3 Derelict mines torpedoes bombs or other derelict weapons of war.
6 6.1 Strikers, locked-out workmen, or persons taking part in labour disturbances, riots
or civil commotions
6.2 Strikes, lock-outs, labour disturbances, riots or civil commotions
6.3 Any terrorist or any person acting from a political motive.
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:Overland Transportation Cargo Insurance Clause
(Named Perils Only) - Train 核准日期及文號
104 年 02 月 02 日新安東京海上 104 商字第 0032 號
承保範圍
This insurance covers:
1) Total or partial loss of or damage to the insured goods caused in the course of
transportation by
natural calamities-windstorm, lightning, earthquake, flood, or by accidents-collision,
overturning or
derailment of the conveyance, including grounding, stranding, sinking or collision of
the craft in case
crafts are employed and/or collapse of tunnel, landslide, fire, explosion.
2) Reasonable cost incurred by the Insured in salving the goods or averting or
minimizing a loss
recoverable under the Policy, provided that such cost shall not exceed the sum insured
of the
consignment so saved.
不保事項
355
In no case shall this insurance cover loss or damage or expense caused by and/or
arising from:
1. The intentional act or fault of the Insured.
2. Falling under the liability of the consignor.
3. The quality or shortage of the insured goods prior to the attachment of this
insurance.
4. Normal loss, inherent vice or nature of the insured goods, loss of market and/or
delay in transit and
any expenses arising therefrom.
5. 5.1. War civil war revolution rebellion insurrection, or civil strife arising therefrom,
or any hostile act
by or against a belligerent power.
5.2. Capture seizure arrest restraint or detainment, and the consequences thereof or
any attempt
thereat.
5.3. Derelict mines torpedoes bombs or other derelict weapons of war.
6. 6.1. Strikers, locked-out workmen, or persons taking part in labour disturbances,
riots or civil
commotions.
6.2. Strikes. Lock-outs, labour disturbances, riots or civil commotions.
6.3. Any terrorist or any person acting from a political motive.
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:General Average Clause 核准日期及文號
104 年 02 月 02 日新安東京海上 104 商字第 0033 號
承保範圍
This insurance covers general average and salvage charges, adjusted or determined
according to the contract of affreightment and/or the governing law and practice, (or,
if there is no contract of affreightment, according to Foreign Statement or to
York-Antwerp Rules) incurred to avoid or in connection with the avoidance of loss
from any cause except those specifically excluded here from.
For the purpose of claims for general average contributions and salvage charges
recoverable hereunder,the subject-matter insured shall be deemed to be insured for its
full contributory value.
個人保險商品預定費用率
不適用。
356
短期費率表或保費退費係數表
不適用。
商品名稱:Cover Risk Of Loading, Unloading, Lifting, Hoisting
And Transshipments Clause – All Risks 核准日期及文號
104 年 02 月 02 日新安東京海上 104 商字第 0034 號
承保範圍
The risk of unloading, loading and lifting, hoisting goods and transshipment at point
of arrival on import and/or inland transit is also extended to cover in this policy as
deemed to be in the ordinary course of transit. The risk of unloading, loading and
lifting, hoisting goods and transshipment at point of origin on export and/or inland
transit is also extended to cover in this policy as deemed to be in the ordinary course
of transit.
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:Shipper’s Interest Insurance Clause 核准日期及文號
104 年 02 月 02 日新安東京海上 104 商字第 0035 號
承保範圍
This insurance attaches from the time each shipment leaves the insured’s factory or
warehouse and continues during the ordinary course of inland transit, including 7 days
of storage at the port warehouse awaiting to be loaded on board an overseas vessel,
and terminates.
(A) Until the said shipment leaves the warehouse at any port of Taiwan, provided that
the trade term is on CIF or C&I basis, or
(B) Upon the said shipment being safely loaded on board an overseas vessel at any
port of Taiwan, provided that the trade term is on FOB or C&F basis.
All risks clauses: This insurance is against all risks of loss or damage to the
subject-matter insured but shall in no case be deemed to extend to cover loss as
provided in exclusions below.
不保事項
(A) Loss of use or loss of market.
(B) Loss or damage caused by or resulting from delay or inherent vice or nature of the
subject-matter insured.
(C) Loss or damage resulting from inadequate packing or improper preparation for
shipments.
(D) Loss due to unexplained or mysterious disappearance.
357
(E) Loss of weight, rotted, soured, rusted, discoloured, changed in flavor, inset or
spontaneous combustion due to the nature of property insured.
(F) Loss or damage to the shipment while stored in any warehouse or other buildings
but excluding temporary storage, if necessary in ordinary course of transit.
(G) Loss or damage caused by or resulting from wilful act or gross negligence of the
insured.
(H) Loss or damage caused by or resulting from the insured’s or his employee’s
unlawful act, driving without license or driving under the influence of drugs of
alcohol.
(I) Loss or damage caused by or resulting from over-loading, loading in violation of
regulations or over-speed of carrying facilities.
(J) Loss or damage caused by or resulting from invasion of enemy, war (whether
declared or not), warlike operation, rebellion, civil war, forceful occupation,
requisition or pre-emption, military exercise or training, whether such loss be direct or
indirect.
(K) Loss or damage directly or indirectly caused by or resulting from strikes, riots,
civil commotions and any terrorist or any person acting from a political motive.
(L) Loss or damages caused by or resulting from nuclear reaction or nuclear radiation
or radioactive contamination, whether such loss be direct or indirect.
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:Automatic Cover Clause 核准日期及文號
104 年 02 月 02 日新安東京海上 104 商字第 0036 號
承保範圍
This Open Policy automatically covers all shipments and/or sendings of approved
cargo consigned to the Assured and/or consignee whenever the Insured has an
insurable interest at the time of loss, but excluding the shipments and/or sendings
which are also insured by other marine insurance policy.
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:Special Terms and Conditions for Insurance of Removal
Goods 核准日期及文號
358
104 年 02 月 02 日新安東京海上 104 商字第 0037 號
承保範圍
2.1 Removal goods are deemed to be any objects generally perceived to be effects
found in households or offices.
2.2 The insurance cover does not extend to
2.2.1 animals, plants, jewelry and precious stones, pearls, bank notes and coins,
precious metals, securities and documents,
2.2.2 foods and luxury foodstuffs.
不保事項
The Insurer is not liable to indemnify the Insured for losses caused by detachment of
glue, scratching, grazing, chafing, denting and cracking of polish, chipping of enamel,
rust, oxidation, damage to filaments in tubes and lighting equipment, malfunctioning
of clocks, radios, televisions and other such apparatus, devices or instruments unless
it can be proved by the Insured that the loss or damage was the direct consequence of
an insured peril.
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:Tokio Marine Newa Insurance Marine Hull Insurance -
Crew's Operation Accident Policy 核准日期及文號
104 年 02 月 17 日新安東京海上 104 商字第 0073 號
承保範圍
此部分說明本保險契約所承保之範圍包括意外死亡、暫時殘障失能、意外事故所
付出之醫療費用、燒燙傷以及 ACE 保險服務協助等,並依據各給付項目設定等
級給付表,依其等級表之分類給付予受益人。
不保事項
本保險契約對於被保險人直接或間接因下列事由所致之死亡、殘廢不負給付保險
金之責任:
一、 被保險人之故意行為。
二、戰爭(不論宣戰與否)、內亂及其他類似的武裝變亂。
三、被保險人被 HIV、AIDS 或 ARC 等病毒感染。
四、被保險人被酒精或藥物影響而上癮。
五、或由於第六項所間接導致之損失。
六、被保險人為避免身體傷害或減低基於本保險契約所能請求之賠償所為之所有
合理之作為。
七、被保險人用於治療所支出之費用。
八、其他。
個人保險商品預定費用率
359
不適用。 短期費率表或保費退費係數表
不適用。
商品名稱:Tokio Marine Newa Insurance Refrigeration Insurance
Clause 核准日期及文號
104 年 02 月 17 日新安東京海上 104 商字第 0074 號
承保範圍
承保貨物因溫度變化所致之損失。
不保事項
非溫度變化所致之損害及因貨物延遲所致損害。
個人保險商品預定費用率
不適用。 短期費率表或保費退費係數表
不適用。