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簡介


海運承攬人責任保險承保被保險人經營船舶貨運承攬運送人業務過程中,對託運貨物收受、保管及(或)運送人之選任,在目的地交付及其他與運送有關事項,因債務不履行或有未盡其注意義務情事,依法應負賠償責任而受賠償請求時,保險人對被保險人負保險補償責任。

保障內容

核准日期及文號

  • 97.01.25(97)邦保精字第0125號備查
  • 98.11.23(98)美亞保精字第0001號函備查
  • 102.03.04(102)美亞保精字第0030號函備查
  • 105.09.01依金融監督管理委員會105.07.18金管保產字第10502524121號函修正

承保範圍

A.本保險單對於被保險人在保險有效期間內,經營船舶貨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: 
    1.對貨物之賠償責任: 
        a.因貨物之實質毀損或滅失所致之賠償責任。 
        b.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。 
        c.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。 
     2.對費用之賠償責任: 
         a.為處理貨物因誤運、誤交、指示或安排錯誤所生之費用。 
         b.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。 
         c.遇有共同海損或救助費用負擔,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。 
    3.對附帶損失之賠償責任: 
        a.發生承保範圍第一條第一款第一、二項情事所引起之附帶損失之賠償責任。 
B.被保險人對每一意外事故賠款,須先行負擔本保險單所訂明之自負額。本公司僅對超過該自負額部份之賠償責任。 
C.依據本保險單之規定,應由本公司負賠償責任時,悉以本保險單「保險金額」欄所載各項約定之保險金額為限。倘被保險人能以較少金額解決者,應依該較少金額賠償之。

不保事項

本公司對於下列事項不負賠償責任:

A.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。  
    2.被保險人或其受僱之詐欺、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損失所致之賠償責任。  
    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債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:  
        a.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。  
        b.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。 
B.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:  
        a.金銀條(塊)  
        b.寶石  
        c.紙幣或錢幣  
        d.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。 
        e.紙煙  
        f.酒  
        g.貴重金屬物  
        h.寶石  
        i.藝術品  
        j.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。 
C.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。 
D.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。

銷售予金融消費者之保險商品預定附加費用率: 41.5%

短期費率表

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  保險有效期間 應收全年保險費之百分比

一個月或以下者 15%

超過一個月以上至滿二個月者 25%

超過二個月以上至滿三個月者 35%

超過三個月以上至滿四個月者 45%

超過四個月以上至滿五個月者 55%

超過五個月以上至滿六個月者 65%

超過六個月以上至滿七個月者 75%

超過七個月以上至滿八個月者 80%

超過八個月以上至滿九個月者 85%

超過九個月以上至滿十個月者 90%

超過十個月以上至滿十一個月者 95%

超過十一個月以上者 100%

保費退費係數表 

A.被保險人於投保後要求終止保險契約者,其未滿期之保險費,本公司依全年保費扣除已滿期之保險費後退還之。(已滿期之保險費應按短期費率表計算)。 
B.本公司依規定終止保險契約時,其未滿期之保險費,按未滿期日數比例退還之附加條款

核准日期及文號

  • 97.01.25(97)邦保精字第0120號備查
  • 98.11.23(98)美亞保精字第0001號函備查
  • 102.03.04(102)美亞保精字第0030號函備查
  • 105.09.01依金融監督管理委員會105.07.18金管保產字第10502524121號函修正

承保範圍
INSURED RISKS

Now this policy witness that subject to the terms contained herein or endorsed hereon the underwriters will indemnify the insured against his liability as a freight forwarder and/or NVOCC under the conditions seen and approved by the underwriters for:

A. 
Loss or destruction of or damage to goods or merchandise occurring during the period of insurance for   the insured’s legal liability arising out of the movement or storage of such goods or merchandise and/or 

B. 
Claim or claims which may be made against the insured during the period of insurance for legal liability  for mis-direction or mis-delivery of cargo, losses falling under this section are recoverable hereunder only if such losses occurred during the period of insurance. 

C. 
Claim or claims occurring during the period of insurance for consequential loss following loss of destruction of damage to or mis-diection and/or mis-delivery of cargo exception always any liability arising from

      a. loss of or damage to any goods owned by the insured. 
      b. Death of or bodily injury to any person or living creature. 
      c. Loss of or damage to any property belonging to any third Party other than the goods in transit.

Provided always that the limit of liability of the underwriters in respect of such indirect or consequential loss shall not exceed in any case in the aggregate during any one annual period of insurance the sum stated in this policy.

D. 
Claim or claims occurring during the period of insurance for the Insured’s liability for cargo’s proportion of general average And/or salvage: 
1.arising solely from the breach by the insured of his contract of carriage with the customer, or 
2.where the insured is legally obliged to pay such proportion on cargo’s behalf. 

E. 
Claim or claims occurring during the period of insurance for delay in the dispatch, carriage or delivery of cargo except always any liability arising from late delivery or delay in respect of transit for which a delivery time or date is contractually agreed by the insured unless the prior consent of the insurers has been obtained and unless any required additional premium has been paid, provided always that the limit of liability of the insurers in respect of such loss in delay shall not exceed 
    1.the carriage charges in respect of the item or items so delivered 
    2.in any case in the aggregate during any one annual period of insurance the sum stated in this policy.

不保事項
EXCLUSIONS
The insurers shall not be liable in respect of :

A. 
Liability arising directly or indirectly by or through or in connection with the ownership, possession or use by or on behalf of the Insured of any mechanically propelled vehicle when 
    1.Insurance or security under any road traffic act is necessary. 
    2.Liability in respect thereof is more specifically insured. 

B. 
Loss of or damage to 
    1.Property belonging, hired, leased, rented or loaned to the Insured. 
    2.Property held in trust or in the custody or control of the Insured or his employees other than employee’s property.

C. 
Liability attaching to the Insured by reason of an express term of any contract unless such liability would have attached to the Insured notwithstanding such term.

D. 
Any liability of Insured’s, evidenced on all B/L, which where signed or issued out of Taiwan through Insured’s agent or branch office.

E. 
Liability or loss arising out of delivery of cargo without production of the relevant bill of lading. The liability of the underwriters shall not exceed the limits stated in this policy. The underwriters shall only be liable for the amount by which any claim exceeds the sum stated as the excess in this policy. 
The underwriters shall not be liable for :

F. 
Loss of or destruction of or damage to the property or for any liability of the insured indirectly or directly occasioned by happening through or in consequence of war invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or 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. 

G. 
Any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from 
    1.Ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. 
    2.The radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. 

H. 
Loss Destruction or damage directly caused by pressure waves caused by aircraft and other aerial devices traveling at sonic or supersonic speeds. 

EXCLUSIONS: 
This policy shall not indemnify the insured in respect of any claim

A.   for libel or slander or 
B.   brought about or contributed to by fraudulent criminal or malicious act or omission of the insured or their predecessors in business or any person at any time employed by the insured or their predecessors in business or 
C.   for any liability as principal for the charter of the whole or part of any 
D.   vessel or aircraft or 
E.   resulting from the insolvency of the insured or 
F.   resulting from any inability of the insured to pay or collect on behalf of 
G.   their principals or 
H.   resulting from any failure of the insured to comply with instructions to effect insurance or 
I.     for breach of any duty of care where the claimants had no contract with the insured or  
 

銷售予金融消費者之保險商品預定附加費用率: 41.5%

短期費率表

凡保險期間不足一年或投保後終止保險契約者,應按下列之百分比計收保險費

<>
  保險有效期間 應收全年保險費之百分比

一個月或以下者 15%

超過一個月以上至滿二個月者 25%

超過二個月以上至滿三個月者 35%

超過三個月以上至滿四個月者 45%

超過四個月以上至滿五個月者 55%

超過五個月以上至滿六個月者 65%

超過六個月以上至滿七個月者 75%

超過七個月以上至滿八個月者 80%

超過八個月以上至滿九個月者 85%

超過九個月以上至滿十個月者 90%

超過十個月以上至滿十一個月者 95%

超過十一個月以上者 100%

保費退費係數表 

A.被保險人於投保後要求終止保險契約者,其未滿期之保險費,本公司依全年保費扣除已滿期之保險費後退還之。(已滿期之保險費應按短期費率表計算)。 
B.本公司依規定終止保險契約時,其未滿期之保險費,按未滿期日數比例退還之。

核准日期及文號

  • 100.03.21(100)美亞保精字0052號函備查
  • 102.03.04(102)美亞保精字第0030號函備查
  • 105.09.01依金融監督管理委員會105.07.18金管保產字第10502524121號函修正

承保範圍
Risk Insured:
 

5.1 Risk Insured:

5.1.1 To indemnify the Insured in respect of its legal liability, in respect of the Operations stated under _XX ( how many ) Insured Services to be covered for :

5.1.1.1 Loss of, or damage to cargo whilst in the care, custody or control of the Insured or a party who has contracted or sub contracted to provide transportation services,

5.1.1.2 Loss of or damage to cargo, containers, vessels, vehicles, or transport equipment belonging to another party resulting from Clause 5.1.1.1 above:

5.1.1.3 Consequential loss and/or business interruption resulting from Clause 5.1.1.1 above, but excluding delay in delivery; and also subject to that the Insured is liable as per contracts listed under 5.2;

5.1.1.4 Cargo's proportion of general average, salvage and/or salvage charges which shall be payable without application of deductible;

5.1.1.5 Duty payable resulting from Clause 5.1.1.1

5.1.2 The insurance covers “Errors & Omissions” arising directly from losses due to liability for any other financial loss resulting from partly or totally failing to perform any contractual obligations, for example:

5.1.2.1 arranging clearance of goods, or assisting the customer in connection herewith

5.1.2.2 handling and marking of goods, order for neutralization

5.1.2.3 arranging cargo insurance for the account of the customer

5.1.2.4 assisting the customer with the necessary documents for export and import

5.1.2.5 arranging the collection of the “cash on delivery” charge and assisting the customer in arranging the payment of consignment of goods.

5.1.2.6 giving advice to the customer in matters of transport and distribution

5.1.2.7 arranging the storage of goods

5.1.2.8 any other contractual obligation approved by the Insurer with reference to Customer contract clause 5.2 and endorsed to the policy.

5.1.2.9 Misrouting, mislabeling, misdelivery

 

不保事項
SPECIAL EXCLUSIONS 

7.1. This insurance does not cover liability due to willful misconduct or gross negligence by the Insured or his managers. 
7.2. This insurance does not cover liability either directly or indirectly attributable to earthquake, volcanic eruption, nuclear reaction, radioactivity war, invasion, warlike operations whether there are a declaration of war or not, civil war, mutiny, revolution, civil commotion, riots, strikes or lockouts or acts by person having illegally taken power through a coup. 
7.3. Unless it has been approved by the insurer in advance this policy does not cover liability where the Insured has: 
7.3.1. contracted for an agreed delivery date or time 
7.3.2. contracted for higher limits of liability or greater responsibility other than that notified to and agreed by Insurers 
7.3.3. contracted for an agreed or declared value 
7.3.4. the above exclusions shall apply whether such contract was in writing or not. 
7.3.5. liability arising out of the pre or post dating of a bill of lading/waybill or similar document 
7.3.6. liability for cargo carried on deck unless it has been agreed the cargo will be carried on deck and is being carried on express terms which exonerate the Insured from liability; 
7.3.7. liability for cargo arising out of unlawful or unreasonable deviation from the contractual voyage 
7.3.8. liability arising out of incorrect information as regards 
7.3.8.1 port of loading 
7.3.8.2 port of discharge 
7.3.8.3 voyage route 
7.3.8.4 carrying vessel 
7.3.8.5 description of cargo, weight, number and/or quality 
7.3.8.6 received for shipment or shipped on board date 
7.4 Furthermore, this policy does not cover liability of 
7.4.1 property and/or cargo owned by the Insured 
7.4.2 an operation not previously advised to Insurers and agreed to be covered 
7.4.3 duty, other than under Clause 4.11 above, and/or customs fines or penalties except where covered under the Errors and Omissions Extension. 
7.5 The insurance does not cover the following cargoes: 
7.5.1 Bullion kind precious metal objects 
7.5.2 bank notes, coins, cheques, credit cards 
7.5.3 bonds, negotiable instruments or securities of any kind 
7.5.4 jewelry, works of art, antiques or precious stones except where part of household/personal effects consignment, 
7.5.5 live animals, birds, reptiles and fish, 
7.5.6 cigarettes and ready-made Tobaccos 
7.6 The Errors & Omissions extension excludes a claim against Insurers: 
7.6.1 where the Insured has failed to comply with any warranty or condition precedent under the Policy, or there is an exclusion under the Policy, unless it is expressly stated that such a failure or exclusion shall be covered under the Errors and Omissions extension, 
7.6.2 where the Insured incurs liability for failure to effect insurance, except that where the Insured fails to effect cargo insurance this exclusion shall not apply, provided that the Insured has a valid an Open Cover Cargo Insurance Policy, 
7.6.3 where the Insured invalidates an insurance policy including an Open Cover Cargo insurance Policy, 
7.6.4 where the Insured has made an error in calculating prices or costs or has applied the incorrect freight rate or freight tariff, 
7.6.5 related to ready-made tobaccos or cigarettes.

銷售予金融消費者之保險商品預定附加費用率: 41.5%

短期費率表

凡保險期間不足一年或投保後終止保險契約者,應按下列之百分比計收保險費

<>
  保險有效期間 應收全年保險費之百分比

一個月或以下者 15%

超過一個月以上至滿二個月者 25%

超過二個月以上至滿三個月者 35%

超過三個月以上至滿四個月者 45%

超過四個月以上至滿五個月者 55%

超過六個月以上至滿七個月者 75%

超過七個月以上至滿八個月者 80%

超過八個月以上至滿九個月者 85%

超過九個月以上至滿十個月者 90%

超過十個月以上至滿十一個月者 95%

超過十一個月以上者 100%

保費退費係數表

A.被保險人於投保後要求終止保險契約者,其未滿期之保險費,本公司依全年保費扣除已滿期之保險費後退還之。(已滿期之保險費應按短期費率表計算)。 
B.本公司依規定終止保險契約時,其未滿期之保險費,按未滿期日數比例退還之

核准日期及文號

  • 100.12.23(100)美亞保精字0421號函備查
  • 102.03.04(102)美亞保精字第0030號函備查
  • 105.09.01依金融監督管理委員會105.07.18金管保產字第10502524121號函修正

承保範圍
Risk Insured:
The Policy shall, subject to the terms conditions warranties limitations exclusions and exceptions of the Policy, cover the Assured’s liabilities and/or costs and expenses and/or other risks defined in the clauses below (“Insured Risks”) provided that they arise in the ordinary course of the Assured performing Insured Services upon Cargo being transported and/or stored within the Territorial Limits and provided that the contract terms governing the Assured’s liability in respect of the loss complained is a law and/or contract specified in the Insured Laws & Contracts section of the Policy Schedule.

Loss of or Damage to Cargo Clause 
The Policy shall cover the Assured’s liability for actual or alleged physical loss or destruction or deterioration or contamination of or damage to Cargo in transit.

Errors & Omissions Clause 
The Policy shall cover the Assured's liability for claims made against them by the consignor and/or consignee and/or a customs and excise authority for actual or alleged breach of professional duty by reason of a negligent act or error or omission arising from

1) the accidental failure of the Assured or their employees to comply with or provide instructions

2) faulty arrangements accidentally made by the Assured or their employees

3) clerical errors accidentally made by the Assured or their employees

4) the accidental provision of incorrect advice or information by the Assured or their employees.

In respect of claims made against the Assured by a customs and excise authority, cover is limited to claims (which shall include punitive fines unless indemnity is contrary to public policy) arising out of customs processing or any import or export declaration, clearance, quota, refund, or any tax or excise or duty or suspension procedure, or any community/common transit system.

It is a condition precedent to the Assured’s right of recovery under this Errors & Omissions Clause that, as at the inception of the Policy the Assured is not aware of, or in the ordinary course of their business could not have been aware of, any act or error or omission which occurred on or after the Retrospective Inception Date which may give rise to a claim being made against them, and that the Assured has not received any claim or notice from any person or firm or corporation of an intention to hold the Assured responsible for any actual or alleged act or error or omission.

In no case shall the Insurer be liable under this Errors & Omissions Clause for an amount greater than the Errors & Omissions Limit of Indemnity specified in the Policy Schedule.

Embargo and Sanctions Exclusion Clause 
The Insurer are not liable to make any payment for liability under any coverage section of this Policy or make any payment under any Extension for any loss or claim arising in, or where the Assured or any beneficiary under the Policy is a citizen or instrumentality of the government or, any country(ies) against which any laws and/or regulations governing this Policy and/or the Insurer, its parent company or its ultimate controlling entity have established any embargo or other form of economic sanction which have the effect of prohibiting the Insurer to provide insurance coverage, transacting business with or otherwise offering economic benefits to the Assured or any other beneficiary under the Policy.

It is further understood and agreed that no benefits or payments will be made to any beneficiary(ies) who is/are declared unable to receive economic benefits under the laws and/or regulations governing this Policy and/or the Insurer, its parent company or its ultimate controlling entity.

Legal Costs & Expenses Clause 
The Policy shall cover legal costs and expenses necessarily and reasonably incurred by the Assured with the prior agreement of the Insurer (which agreement may be granted retrospectively at the discretion of the Insurer) in defence of a claim made against the Assured which is recoverable under the Policy.

If required in a suit that the Insurer is defending, the Insurer shall pay premiums for appeal bonds to release property that is being used to secure a legal obligation. However, the Insurer shall only pay for bonds valued up to the applicable Limit of Indemnity. The Assured shall, in consultation with the Insurer, apply for and furnish such bonds.

In no case shall the Insurer be liable under this Legal Costs & Expenses Clause for an amount greater than the Legal Costs & Expenses Limit of Indemnity specified in the Policy Schedule.

Loss Mitigation Costs & Expenses Clause 
The Policy shall cover costs and expenses necessarily and reasonably incurred by the Assured with the prior agreement of the Insurer (which agreement may be granted retrospectively at the discretion of the Insurer), or for which the Assured are liable, with the object of saving, securing, preserving or recovering Cargo in order to prevent or minimise any loss or claim which would be covered under the Policy.

It is a condition precedent to the Insurer’s liability under this Loss Mitigation Costs & Expenses Clause that such measures taken by the Assured or the Insurer shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice any rights of either party.

In no case shall the Insurer be liable under this Loss Mitigation Costs & Expenses Clause for an amount greater than the Loss Mitigation Costs & Expenses Limit of Indemnity specified in the Policy Schedule.

Lien on Cargo Clause 
The Policy shall cover the loss of any possessory interest the Assured have in, or any lawful lien the Assured have on, Cargo lost destroyed or damaged whilst in transit or in store.

It is a condition of the Policy that the Assured notifies the Insurer and obtains their written agreement prior -to the exercising of such a lien.

Debris Removal Costs Clause 
The Policy shall cover costs and expenses necessarily and reasonably incurred by the Assured with the prior agreement of the Insurer (which agreement may be granted retrospectively at the discretion of the Insurer), or for which the Assured are liable, pertaining to the removal and/or recovery of Cargo and/or the removal and/or disposal and/or clean up of the debris thereof, consequent always upon a sudden and accidental occurrence covered by the Policy.

It is a condition precedent to the Insurer’s liability under this Debris Removal Clause that such measures taken by the Assured or the Insurer shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice any rights of either party.

Nothing herein shall be deemed to amend the Pollution and Contamination Exclusion Clause in the Exclusions section of the Policy which shall be paramount.

In no case shall the Insurer be liable under this Debris Removal Clause for an amount greater than the Debris Removal Costs Limit of Indemnity specified in the Policy Schedule.

General Average and Salvage Clause
The Policy shall cover the Assured's liability for cargo's proportion of general average and/or salvage where the Assured is liable to pay such proportion on cargo's behalf.

In respect of groupage shipments only, the Insurer shall at the request of the Assured sign and issue general average guarantees or salvage bonds in order to expedite the release of a groupage shipment. It is a condition of the Policy that unless the Insurer has given their express prior approval, the Assured shall not release such Cargo until they are in receipt of general average guarantees or salvage bonds from the individual cargo owner or their marine insurers. This extension shall only apply where the Assured are the groupage operator.

The liability of the Insurer in respect of amounts recoverable under this General Average and Salvage Clause shall be limited to the amount that the Assured is unable to recover from the consignee or consignor or other cargo interests, or the relevant Limit of Indemnity, whichever the lesser.

Assured’s Own Transport Equipment Clause 
Provided that the Assured’s Own transport Equipment has been declared to the Insurer and premium paid thereon (as specified in the Declared Values section of the Policy Schedule), the Policy shall cover physical loss of or damage to the Assured’s Own Transport Equipment arising in the ordinary course of the Assured performing Insured Services.

Unless caused directly by a sudden and accidental event which is covered by the Policy, in no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from bending or twisting or any distortion or tangling or like damage, or any claim for the cost of any repainting recoating or repolishing.

In no case shall the Policy cover any actual or alleged claim loss damage liability or expense reasonably attributable to the ordinary wear tear and/or gradual deterioration and/or depreciation of the Assured’s Own Transport Equipment.

If at the time of loss the total value of the Assured’s Own Transport Equipment exceeds the amount declared to the Insurer (as specified in the Declared Values section of the Policy Schedule), then the Assured shall be considered as being their own insurer for the difference and shall bear a proportionate share of the claim accordingly.

Subject to prior notification to and acceptance by the Insurer, and on terms and conditions to be agreed, the Policy shall extend to cover physical loss of or damage to other property of the Assured such as but not limited to office furniture and equipment, computer equipment, packaging materials, racking and cargo handling equipment whilst such property is in transit or store within the Territorial Limits.

The amount recoverable under this Assured’s Own Transport Equipment Clause shall be the reasonable cost of repair or the replacement value of a like item, whichever the lesser.

In no case shall the Insurer be liable under this Assured’s Own Transport Equipment Clause for an amount greater than the Assured’s Own Transport Equipment Limit of Indemnity specified in the Policy Schedule.

Leased Trailers & Equipment Clause 
Provided that Leased Trailers & Equipment has been declared to the Insurer and premium paid thereon (as specified in the Declared Values section of the Policy Schedule), the Policy shall cover the Assured’s liability to lessors under a loan or lease or hire agreement for physical loss of or damage to or continuing hire charges in respect of Leased Trailers & Equipment arising in the ordinary course of the Assured performing Insured Services.

Unless caused directly by a sudden and accidental event for which the Assured is liable and which is covered under the Policy, in no case shall the Policy cover any actual or alleged loss damage liability or expense directly or indirectly caused by or contributed to by or arising from bending or twisting or puncturing or like damage, or any distortion or tangling, or any mechanical or electrical or electronic breakdown or failure or derangement, or any claim for the cost of any repainting or recoating or repolishing, or any damage to tyres including any cutting or puncturing or bursting or any damage resulting from braking.

In no case shall the Policy cover any actual or alleged claim loss damage liability or expense reasonably attributable to the ordinary wear tear and/or gradual deterioration and/or depreciation of the Leased Trailers & Equipment.

Except in respect of continuing hire charges, in no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from any actual or alleged financial loss incurred by the lessor or any other party whatsoever.

If at the time of loss the total value of all Leased Trailers & Equipment exceeds the amount declared to the Insurer (as specified in the Declared Values section of the Policy Schedule), then the Assured shall be considered as being their own insurer for the difference, and shall bear a proportionate share of the claim accordingly.

The amount recoverable under this Leased Trailers & Equipment Clause shall be the amount for which the Assured is liable to the lessor in terms of the hire agreement, or the reasonable cost of repair or the replacement value of a like item, whichever the lesser, plus continuing hire charges where applicable.

In no case shall the Insurer be liable under this Leased Trailers & Equipment Clause for an amount greater than the Leased Trailers & Equipment Limit of Indemnity specified in the Policy Schedule.

Employee Tools & Personal Effects Clause 
The Policy shall covers costs and expenses reasonably and necessarily incurred by the Assured in compensating their employees for loss of or damage to their tools and/or personal effects whilst in a vehicle operated by the Assured provided that the employee is engaged in business on the Assured’s behalf at the time of loss.

In no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from:

1) a vehicle left unattended unless all doors, windows and other openings of the vehicle were closed and securely locked and that a door, window, opening, lock or fastener has been opened by violent and forcible means

2) any ordinary wear tear and/or gradual depreciation.

The liability of the Insurer in respect of amounts recoverable under this Employee Tools & Personal Effects Clause shall be limited to the reasonable cost of repair or the replacement cost of a like item, whichever the lesser.

In no case shall the Insurer be liable under this Employee Tools & Personal Effects Clause for an amount greater than the Employee Tools & Personal Effects Limit of Indemnity specified in the Policy Schedule.

不保事項 
RESTRICTED CARGO

1) Any time sensitive or critical written material or documents for example, but without prejudice to the generality of this clause, bids and/or contract proposals and/or designs and/or patterns and/or plans and/or manuscripts and all other documents. 
2) Antiques and/or Fine Art unless the individual item value is less than USD 1,000. 
3) Alcoholic beverages, with the exception of beer and wine. 
4) Bulk cargoes of every description unless carried in ISO tank containers or purpose built road or rail tank conveyances. 
5) Cigarettes, cigars and any other tobacco products. 
6) Computer chips and/or Computer Processing Units (CPU’s) and/or lap top computers and/or mobile/cellular telephones and/or MP3 players. 
7) Deeds and/or securities and/or treasury notes and/or any other cash equivalents and/or tickets and/or vouchers and/or stamps and/or duty stamps and the like. 
8) Jewellery and/or watches unless the individual item value is less than USD 500. 

EXCLUDED CARGO 
1) Money and/or coins of every description. 
2) Livestock and/or bloodstock and/or living creatures. 
3) Precious Metals and items that are made from or which may include Precious Metals 
4) Precious or Semi-precious Stones or items that are made from or which may include Precious or Semi-precious Stones 
5) Any Cargo whilst being transported under its’ own power or whilst being towed on its’ own axle for example, but without prejudice to the generality of this clause, motor vehicles, motor cycles, caravans, horse boxes and trailers. 
6) Any Cargo that is owned or hired by or leased or loaned to the Assured 

TERRITORIAL LIMITS 
Anywhere in the world with the exception of, Burma (Myanmar), Cuba, Iran, Iraq, North Korea, Sudan, Syria and/or any country which is the subject of United Nations and/or United States of America economic sanctions or trade embargo.

銷售予金融消費者之保險商品預定附加費用率: 41.5%

短期費率表

凡保險期間不足一年或投保後終止保險契約者,應按下列之百分比計收保險費

<>
  保險有效期間 應收全年保險費之百分比

一個月或以下者 15%

超過一個月以上至滿二個月者 25%

超過二個月以上至滿三個月者 35%

超過三個月以上至滿四個月者 45%

超過四個月以上至滿五個月者 55%

超過五個月以上至滿六個月者 65%

超過六個月以上至滿七個月者 75%

超過七個月以上至滿八個月者 80%

超過八個月以上至滿九個月者超過八個月以上至滿九個月者超過八個月以上至滿九個月者 85%

超過九個月以上至滿十個月者 90%

超過十個月以上至滿十一個月者 95%

超過十一個月以上者 100%

保費退費係數表 

A.被保險人於投保後要求終止保險契約者,其未滿期之保險費,本公司依全年保費扣除已滿期之保險費後退還之。(已滿期之保險費應按短期費率表計算)。 
B.本公司依規定終止保險契約時,其未滿期之保險費,按未滿期日數比例退還之。

核准日期與文號

106.03.10 美國國際保商字第1060000024號函備查

 

承保範圍

INSURED RISKS

 

1.         Subject to the terms conditions warranties limitations exclusions and exceptions of the Policy, the Insurer shall indemnify the Assured in respect of amounts that the Assured becomes liable to pay and/or costs and expenses incurred as a consequence of Insured Risks as defined in Clauses 3 to 12 below.

2.         It is condition of the Assured’s right of recovery under the Policy that such liabilities and/or costs and expenses arise in the ordinary course of the Assured or their sub-contractors performing Insured Services upon Cargo within the Territorial Limits and that the contract governing the Assured’s liability at the time of loss is specified in the Insured Laws & Contracts section of the current Policy Schedule.

3.         LOSS OF OR DAMAGE TO CARGO CLAUSE

3.1             The Policy shall indemnify the Assured in respect of amounts they become liable to pay as a consequence of actual or alleged

3.1.1          physical loss or destruction or deterioration or contamination of or damage to Cargo occurring whilst in transit or in store, and/or

3.1.2          financial loss arising either

3.1.2.1       as a consequence of and resulting directly from such physical loss or destruction or deterioration or contamination of or damage to Cargo, or

3.1.2.2       from a delay in the delivery of Cargo.

3.2             In no case shall the Insurer be liable under this Clause for an amount greater than the Loss of or Damage to Cargo Limit specified in the Limits of Indemnity section of the current Policy Schedule.

4.         LEGAL COSTS & EXPENSES CLAUSE

4.1             The Policy shall indemnify the Assured in respect of legal costs and expenses necessarily and reasonably incurred by the Assured with the prior agreement of the Insurer (which agreement may be granted retrospectively at the discretion of the Insurer)

4.1.1          in defence of a claim made against the Assured which is recoverable under the Policy, and/or

4.1.2          for which the Assured becomes liable to pay as a consequence of a claim made against the Assured which is recoverable under the Policy.

4.2             4.2.1          If required in a suit that the Insurer is defending, the Insurer shall pay premiums for appeal bonds to release Cargo that is being used to secure a legal obligation.

4.2.2          However, the Insurer shall only pay for bonds valued up to the applicable Limit of Indemnity as specified in the Limits of Indemnity section of the current Policy Schedule.

4.2.3          The Assured shall, in consultation with the Insurer, apply for and furnish such bonds.

4.3             In no case shall the Insurer be liable under this Clause for an amount greater than the Legal Costs & Expenses Limit specified in Limits of Indemnity section of the current Policy Schedule.

5.         LOSS MITIGATION COSTS & EXPENSES CLAUSE

5.1             The Policy shall indemnify the Assured in respect of Loss Mitigation Costs & Expenses

5.1.1          necessarily and reasonably incurred by the Assured with the prior agreement of the Insurer (which agreement may be granted retrospectively at the discretion of the Insurer), or

5.1.2          for which the Assured becomes liable to pay as a consequence of a claim made against them which is recoverable under the Policy.

5.2       In no case shall the Insurer be liable under this Clause for an amount greater than the Loss Mitigation Costs & Expenses Limit specified in the Limits of Indemnity section of current Policy Schedule.

6.        DEBRIS REMOVAL COSTS CLAUSE

6.1             The Policy shall indemnify the Assured in respect of Debris Removal Costs

6.1.1       necessarily and reasonably incurred by the Assured with the prior agreement of the Insurer (which agreement may be granted retrospectively at the discretion of the Insurer), or

6.1.2       for which the Assured becomes liable to pay as a consequence of a claim made against them which is recoverable under the Policy,

provided always that such costs and expenses are consequent upon a sudden and accidental occurrence covered by the Policy.

6.2             Nothing herein or elsewhere in the Policy shall be deemed to amend the Pollution and Contamination Exclusion Clause contained in the Exclusions section of the Policy which shall be paramount.

6.3             In no case shall the Insurer be liable under this Clause for an amount greater than the Debris Removal Costs Limit specified in the Limits of Indemnity section of current Policy Schedule.

7.         GENERAL AVERAGE AND SALVAGE CLAUSE

7.1             The Policy shall indemnify the Assured in respect of cargo's proportion of general average and/or salvage where the Assured is liable to pay such proportion on cargo's behalf.

7.2             7.2.1          In respect of groupage shipments only, the Insurer shall at the request of the Assured sign and issue general average guarantees or salvage bonds in order to expedite the release of a groupage shipment.

7.2.2          It is condition of the Assured’s right of recovery under this sub-clause 7.2 that the Assured shall not release such Cargo until they are in receipt of general average guarantees or salvage bonds from the individual cargo owners or their marine insurers and have the prior approval of the Insurer.

7.2.3          This issuance of average guarantees or salvage bonds extension shall only apply where the Assured are the actual groupage operator.

7.3             The liability of the Insurer in respect of amounts recoverable under this Clause shall be limited to either

7.3.1          the amount that the Assured is unable to recover from the consignee or consignor or other cargo interests, or

7.3.2          the Loss of or Damage to Cargo Limit specified in the Limits of Indemnity section of current Policy Schedule

whichever is the lesser amount.

8.         LIEN ON CARGO CLAUSE

8.1             The Policy shall indemnify the Assured in respect of the loss of any possessory interest the Assured have in, or any lawful lien the Assured have on, Cargo lost or destroyed or damaged whilst in transit or in store.

8.2             It is a condition of the right of recovery under this Clause that the Assured notifies the Insurer and obtains their written agreement prior to the exercising of such a lien.

8.3             In no case shall the Insurer be liable under this Clause for an amount greater than the Loss of or Damage to Cargo Limit specified in the Limits of Indemnity section of current Policy Schedule.

9.         ERRORS & OMISSIONS CLAUSE

9.1             The Policy shall indemnify the Assured in respect of amounts they become liable to pay as a consequence of claims made against them by the consignor and/or consignee and/or a bona fide customs and excise authority for actual or alleged breach of professional duty by reason of a negligent act or error or omission arising directly from either

9.1.1          the accidental failure of the Assured and/or their employees and/or their sub-contractors to comply with or provide instructions, and/or

9.1.2          faulty arrangements accidentally made by the Assured and/or their employees and/or their sub-contractors, and/or

9.1.3          clerical errors accidentally made by the Assured and/or their employees and/or their sub-contractors, and/or

9.1.4          the accidental provision of incorrect advice or information by the Assured and/or their employees and/or their sub-contractors.

9.2             In respect of claims made against the Assured by a customs and excise authority, cover is limited to claims (which shall extend to include punitive fines unless indemnity is deemed contrary to public policy) arising out of customs processing or any import or export declaration, clearance, quota, refund, or any tax or excise or duty or suspension procedure, or any community/common transit system.

9.3             It is a condition of the Assured’s right of recovery under this Clause that, at the inception of the Policy the Assured is not aware of, or in the ordinary course of their business could not have been aware of

9.3.1             any act or error or omission which occurred on or after the Retrospective Inception Date which may give rise to a claim being made against them, and

9.3.2             the Assured have not received any claim or notice from any person or firm or corporation of an intention to hold the Assured responsible for any actual or alleged act or error or omission.

9.4     In no case shall the Insurer be liable under this Clause for an amount greater than the Errors & Omissions Limit specified in the Limits of Indemnity section of current Policy Schedule.

10.       ERRORS & OMISSIONS CLAUSE – MISDIRECTION EXTENSION

             As extended under the Errors & Omissions Clause, this policy shall indemnify the Assured for the reasonable extra expenses incurred, with the Insurer’s prior written approval, in sending misdirected cargo to the correct destination.

             Such extra expenses are limited to: the actual costs of carriage of cargo from the place at which the Assured originally received it to the place where it as misdirected, plus the costs of carriage from the place to which it was misdirected to the correct place, less the freight and other charges due to Assured for the carriage from the place at which the Assured originally received the cargo to the correct destination.  Carriage from the place to which the cargo was misdirected to the correct place will not be by air unless the original carriage was agreed to be by air, or the Insurer agrees.

             Despite the extension, in no case shall the Insurer be liable under the Errors & Omissions Clause for an amount greater than the Errors & Omissions Limit specified in the Limits of Indemnity section of current Policy Schedule.

             All other terms and conditions unchanged.

11.              THIRD PARTY LIABILTIY CLAUSE

11.1          The Insurer agrees to provide cover for loss arising from a legal liability incurred by the Insured solely as a result of a failure occurring during the Period of Insurance, on the part of the Insured or the Insured’s servants or agents, to exercise reasonable care and skill in the normal course of the Insured Services and operations resulting in:

11.1.1      Physical loss of, or damage to, the property of a third party occurring during the Period of Insurance;

11.1.2 Death of, or Bodily Injury to, a third party occurring during the Period of Insurance.

11.2           No cover shall be available under this clause for:-

11.2.1  Legal  liability directly or indirectly caused by, arising out of or in any way connected with damage to property owned, leased, hired by, under hire purchase, on loan or rented to the Insured or otherwise in the Insured’s care, custody or control  

11.2.2      Legal liability in relation to death of or bodily injury to the Insured’s employee, sub-contractor or agent, who is acting in the course of employment at the time of accident; and

11.2.3      Legal liability for loss of or damage to Cargo.

11.2.4      Products liability

11.2.5      Contractual liability

11.2.6      Liquidated damages

11.2.7      Legal liability arising from ownership, lease or operation by the assured or their employees of a road vehicle which is required to be licensed

11.2.8      Legal liability arising from dangerous cargoes.

12.    UNCOLLECTED CARGO, COMPLETION OF CARRIAGE, QUARANTINE & DISINFECTION (INCLUDING FUMIGATION) CLAUSE

This policy shall indemnify the Assured in respect of, with the Insurer’s prior written approval:

12.1              Extra costs incurred solely by the total failure of the consignee to collect or remove cargo at the place        of delivery less:

12.11     costs which the Assured would have incurred in any event

12.12     proceeds from sale of cargo

12.13     sums which the Assured can recover from anyone else

12.2             Costs, additional to costs which the Assured would have incurred in any event, incurred to complete the Assured’s contractual obligation to transport the cargo to the place of delivery - and arising solely from the failure of the Assured’s subcontractor (or person acting on its behalf) to pay its debts (or pay promptly)

12.3             Quarantine & Disinfection (including fumigation) following an accident and other than in the normal course of business

 

不保事項
EXCLUSIONS

1.         CARGO INSURANCE EXCLUSION CLAUSE

1.1             Except as provided for in 1.2 below, in no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from the Assured undertaking to arrange cargo insurance on behalf of cargo interests.

1.2             The above exclusion shall not operate if the Assured arranges such cargo insurance with the Insurer.

2.         CONFISCATION EXCLUSION CLAUSE

In no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from confiscation or requisition or embargo or nationalisation or destruction by any government or public or local authority.

This exclusion shall not apply where the government or public or local authority are customs and excise authorities who lawfully confiscate and/or destroy Cargo in the ordinary prosecution of their duties.

3.         CYBER ATTACK EXCLUSION CLAUSE

In no case shall the Policy 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.

4.         DEFAMATION, LIBEL AND/OR SLANDER EXCLUSION CLAUSE

In no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from any defamation, libel and/or slander.

5.         SANCTIONS EXCLUSION CLAUSE

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 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.

6.         FINANCIAL RISKS EXCLUSION CLAUSE

6.1             Except as provided for in 6.2 below, in no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from any extension of credit or advance of money by the Assured, or any inability of the Assured to pay or collect accounts, or the insolvency or financial default of the Assured or any person with whom they contracted whether directly or indirectly, or any error or defect in any monetary transaction or in accountancy, including Cash On Delivery (“COD”) and Cash Against Documents (“CAD”) transactions, or the wrongful accounting of customers’ funds or funds held in trust on their behalf, or to the extent that any claim loss damage liability or expense is aggravated by the Assured not paying promptly, or at all, any account.

6.2             The above exclusion shall not apply to the Assured’s liability arising from an inadvertent failure to collect monies pertaining to a COD or CAD transaction provided that the Assured is liable therefore in terms of an International Convention or Mandatory Law applicable to the Insured Services performed and the loss incurred.

Such claims shall be considered exclusively in terms of the cover provided under the Errors & Omissions Clause in the Insured Risks section of the Policy.

7.         RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL & ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE

7.1             In no case shall the Policy cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from

7.1.1          ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel

7.1.2          the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof

7.1.3          any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter

7.1.4          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

7.1.5          any chemical, biological, bio-chemical, or electromagnetic weapon.

7.2             This Clause shall be paramount and shall override anything contained in the Policy inconsistent therewith.

8.         INVENTORY SHRINKAGE EXCLUSION CLAUSE

Where the Assured acts as a Warehouse Keeper in no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from any inventory shrinkage or unexplained loss or mysterious disappearance of Cargo whilst in store including for example, but without prejudice to the generality of this Clause, any unexplained discrepancy between any records made or kept by the Assured and any produced by any customer, or any loss subsisting only in a profit and loss comparison, or shortage discovered upon taking inventory or preparing Cargo for transit which is not traceable to an identifiable event.

9.         ISM CODE EXCLUSION CLAUSE

In no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from Cargo being carried by a vessel that is not ISM Code certified or whose owners or operators do not hold an ISM Code Document of Compliance when, at the time of loading of the Cargo on board the vessel, the Assured were aware, or in the ordinary course of their business should have been aware:

9.1             either that such vessel was not certified in accordance in accordance with the ISM Code, or

9.2             that a current Document of Compliance was not held by her owners or operators

as required under the SOLAS Convention 1974 as amended.

10.       ISPS EXCLUSION CLAUSE

In no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from Cargo being carried by a vessel that does not hold a valid International Ship Security Certificate as required under the International Ship and Port Facility Security (“ISPS”) Code when, at the time of loading of the Cargo on board the vessel, the Assured were aware, or in the ordinary course of business should have been aware that such vessel was not certified in accordance with the ISPS Code as required under the SOLAS Convention 1974 as amended.

11.       LIABILITY TO AUTHORITIES EXCLUSION CLAUSE

Except to the extent provided in the Errors & Omissions Clause in the Insured Risks section of the Policy, in no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from the Assured’s liability for duty, taxes, fines or penalties to any customs authority or any other government, port, public, local authority or any other regulatory authority or body whatsoever.

12.       LOSS OF LIFE OR PERSONAL INJURY EXCLUSION CLAUSE

Except to the extent provided in the Third Party Liability Clause in the Insured Risks , in no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from death of or bodily injury to or illness or trauma of or any syndrome suffered by a person or living creature.

13.       PERFORMANCE GUARANTEE EXCLUSION CLAUSE

Except in respect of the delay in delivery of Cargo, and only to the extent provided therefore in the Insured Laws & Contracts, in no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from any contract guarantee, liquidated damages, performance bond or penalty clause, or any deadline whatsoever howsoever incorporated into any agreement or contract into which the Assured entered in.

14.       POLLUTION & CONTAMINATION EXCLUSION CLAUSE

In no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from any seepage and/or pollution and/or contamination and/or damage to the environment and/or atmosphere and/or watercourse and/or body of water and/or third party, public or private property whatsoever and howsoever arising and/or any threat thereof whatsoever and howsoever arising.

15.       PUNITIVE OR EXEMPLARY DAMAGES EXCLUSION CLAUSE

Except to the extent provided under the Errors & Omissions Clause in the Insured Risks section of the Policy, in no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from any punitive, exemplary, penalty or multiple damages awarded against the Assured or any person for whom the Assured may be held liable.

16.       RECKLESS AND/OR DISHONEST CONDUCT OF THE ASSURED EXCLUSION CLAUSE

16.1           In no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from the reckless conduct of, or any illegal trade or dishonest or fraudulent or malicious or criminal act or omission of, a director or officer or partner or owner of the Assured.

16.2           Notwithstanding the above, the Insurer shall defend the Assured in respect of such claims unless or until a judgement or other final adjudication adverse to the Assured is established and at which time the Assured shall indemnify the Insurer for all costs and expenses incurred by the Insurer in respect of such defence.

16.3           The defence of such a claim in the manner described above shall not be considered as a waiver or otherwise prejudice any rights of either party.

17.       THIRD PARTY PROPERTY EXCLUSION CLAUSE

Except to the extent provided in the Third Party Liability Clause in the Insured Risks, in no case shall the Policy cover any actual or alleged claim loss damage liability or expense to any public, private or third party property of whatsoever description howsoever arising.

18.       WAR, STRIKES AND TERRORISM EXCLUSION CLAUSE

In no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from war, civil war, revolution, rebellion, insurrection or civil strife arising therefrom, or any hostile act by or against a belligerent power; confiscation or expropriation; capture, seizure, arrest, restraint or detainment and the consequences thereof or any attempt thereat; any terrorist act or any person acting from a political or ideological motive; strikers, locked-out workmen, or person taking part in labour disturbance, riots or civil commotions; derelict mines, torpedoes, bombs or other derelict weapons of war.

19.       WRONGFUL RELEASE OF CARGO EXCLUSION CLAUSE

19.1           Except as provided for below, where the Assured is contractually obliged to deliver or release Cargo only upon proof of payment or upon the consignor or the consignor’s bank or any other party granting prior written authority for release of Cargo, in no case shall the Policy cover any actual or alleged claim loss damage liability or expense directly or indirectly caused by or contributed to by or arising from the release of Cargo unless such authority or proof has been obtained.

19.2           The above exclusion shall not apply where Cargo is, in good faith, inadvertently released without such authority or proof having been obtained.  In such instances, claims shall be considered in terms of the Errors & Omissions Clause in the Insured Risks section of the Policy.

20.      CONTRACTS (RIGHTS OF THIRD PARTIES) ORDINANCE

           Nothing in this Policy is intended to confer a direct enforceable benefit on any party other than the Insured and the Insurer, whether pursuant to the Contracts (Rights of Third Parties) Ordinance or otherwise. It is hereby noted and agreed, however, that the Insurer and the first named Insured in the Schedule alone have the right to amend this Policy by agreement or (if any such rights exist in the Policy) to cancel or terminate the Policy, without giving notice, or requiring the consent of any other person.

 

銷售予金融消費者之保險商品預定附加費用率: 41.5%

短期費率表

凡保險期間不足一年或投保後終止保險契約者,應按下列之百分比計收保險費

保險有效期間

應收全年保險費之百分比

一個月或以下者

15%

超過一個月以上至滿二個月者

25%

超過二個月以上至滿三個月者

35%

超過三個月以上至滿四個月者

45%

超過四個月以上至滿五個月者

55%

超過五個月以上至滿六個月者

65%

超過六個月以上至滿七個月者

75%

超過七個月以上至滿八個月者

80%

超過八個月以上至滿九個月者

85%

超過九個月以上至滿十個月者

90%

超過十個月以上至滿十一個月者

95%

超過十一個月以上者

100%

保費退費係數表 

A.被保險人於投保後要求終止保險契約者,其未滿期之保險費,本公司依全年保費扣除已滿期之保險費後退還之。(已滿期之保險費應按短期費率表計算)。 
B.本公司依規定終止保險契約時,其未滿期之保險費,按未滿期日數比例退還之。