富邦產物商業綜合責任保險(FC014)
富邦產物商業綜合責任保險(FC014)
核 准 文 號 102.05.31 富 保 業 字 第 1020000763 號 函 備 查
承保範圍
承保被保險人在追溯日後至保險期間屆滿前，因“身體傷害”、“財物損失”或 “人格及廣告侵害”依法應負之賠償責任；包括所有關於處理賠償請求事故所產生之訴訟上或因訴訟所生之必要費用。
除外責任
COVERAGE A（身體傷害、財物損失）
本保險契約對下列各項所致之身體傷害或財物損失不負賠償責任：
a. 有意或預期損害
b. 契約責任
c. 酒精類飲料
d. 勞工補償法及其他相關法令之規定
e. 雇主責任
f. 污 染
g. 航空器、汽車或船舶
h. 機動設備
i. 戰 爭
j. 財物損失
k. 被保險產品之損失
l. 被保險人工作之損失
m. 對於異常財物及未遭受實質損害之財物所生之損害
n. 產品、工作或受損財產之召回
o. 人格及廣告損害
COVERAGE B（人格及廣告侵害）
本保險契約對下列各項所致之人格及廣告損害不負賠償責任：
a. 惡意侵犯他人權益
b. 蓄意散播不實資料
c. 發生於保險期間生效前
d. 犯罪行為
e. 契約責任
f. 違反契約
g. 貨物品質性能未符合所xx說明
h. 價格標示說明錯誤
i. 違反著作權、專利權、商標權、商業機密
j. 被保險人經營媒體及網路事業
k. 於網路聊天室或電子公告欄散佈消息
l. 未經授權擅用他人名義或產品
保險期間 | 年繳保險費比 |
一個月以下 | 15% |
一個月以上至二個月期間 | 25% |
二個月以上至三個月期間 | 35% |
三個月以上至四個月期間 | 45% |
四個月以上至五個月期間 | 55% |
五個月以上至六個月期間 | 65% |
六個月以上至七個月期間 | 75% |
七個月以上至八個月期間 | 80% |
八個月以上至九個月期間 | 85% |
九個月以上至十個月期間 | 90% |
十個月以上至十一個月期間 | 95% |
十一個月以上 | 100% |
m. 污染或與污染相關之情事短期費率係數表
免費申訴電話：0000-000-000
000.00.00 富保業字第1020000763 號函備查
富邦產物商業綜合責任保險(FC014) COMMERCIAL GENERAL LIABILITY INSURANCE
(Claim-made Form)
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II – Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI – Definitions. |
SECTION I – COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. 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: (1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. 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. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" did not occur before the Retroactive Date, if any, shown in the Declarations or after the end of the policy period; and (3) A claim for damages because of the "bodily injury" or "property damage" is first made against any insured, in accordance with Paragraph c. below, during the policy period or any Extended Reporting Period we provide under Section V – Extended Reporting Periods. c. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the |
following times:
(1) When notice of such claim is received and recorded by any insured or by us, whichever comes first; or
(2) When we make settlement in accordance with Paragraph 1.a. above.
All claims for damages because of "bodily injury" to the same person, including damages claimed by any person or organization for care, loss of services, or death resulting at any time from the "bodily injury", will be deemed to have been made at the time the first of those claims is made against any insured.
All claims for damages because of "property damage" causing loss to the same person or organization will be deemed to have been made at the time the first of those claims is made against any insured.
2. Exclusions
This insurance does not apply to:
a. 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.
b. Contractual Liability
"Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.
This exclusion does not apply to liability for damages:
(1) That the insured would have in the absence of the contract or agreement; or
(2) 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:
(a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and
(b) 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.
c. Liquor Liability
"Bodily injury" or "property damage" for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person;
(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
(3) 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.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
e. Employer's Liability
"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. 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.
This exclusion does not apply to liability assumed by the insured under an "insured contract".
f. Pollution
(1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time.
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or regulatory requirement 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
(b) 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".
g. Aircraft, Auto Or Watercraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft 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 "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you own or rent;
(2) A watercraft you do not own that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or property for a charge;
(3) 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;
(4) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment".
h. Mobile Equipment
"Bodily injury" or "property damage" arising out of:
(1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or
(2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity.
i. War
"Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement.
j. Damage To Property
"Property damage" to:
(1) 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 injury to a person or damage to another's property;
(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody or control of the insured;
(5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits Of Insurance.
Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply to "property damage" included in the "completed operations hazard".
k. Damage To Your Product
"Property damage" to "your product" arising out of it or any part of it.
l. Damage To Your Work
"Property damage" to "your work" arising out of it or any part of it and included in the "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.
m. 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:
(1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or
(2) 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.
n. 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:
(1) "Your product";
(2) "Your work"; or
(3) "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, inadequacy or dangerous condition in it.
o. Personal And Advertising Injury
"Bodily injury" arising out of "personal and advertising injury".
Exclusions c. through n. do 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 III – Limits Of Insurance.
COVERAGE B PERSONALAND ADVERTISING INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" 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 "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is limited as described in Section III – Limits Of Insurance ; and
(2) 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 Coverages A or B.
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.
b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business, but only if:
(1) The offense was committed in the "coverage territory";
(2) The offense was not committed before the Retroactive Date, if any, shown in the Declarations or after the
end of the policy period; and
(3) A claim for damages because of the "personal and advertising injury" is first made against any insured, in accordance with Paragraph c. below, during the policy period or any Extended Reporting Period we provide under Section V – Extended Reporting Periods.
c. A claim made by a person or organization seeking damages will be deemed to have been made at the earlier of the following times:
(1) When notice of such claim is received and recorded by any insured or by us, whichever comes first; or
(2) When we make settlement in accordance with Paragraph 1.a. above.
All claims for damages because of "personal and advertising injury" to the same person or organization as a result of an offense will be deemed to have been made at the time the first of those claims is made against any insured.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation Of Rights Of Another
"Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury".
b. Material Published With Knowledge Of Falsity
"Personal and advertising injury" arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity.
c. Material Published Prior To Policy Period
"Personal and advertising injury" arising out of oral or written publication of material whose first publication took place before the Retroactive Date, if any, shown in the Declarations.
d. Criminal Acts
"Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured.
e. Contractual Liability
"Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
f. Breach Of Contract
"Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement".
g. Quality Or Performance Of Goods – Failure To Conform To Statements
"Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement".
h. Wrong Description Of Prices
"Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement".
i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of websites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. l. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of 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. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution-Related 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". |
SUPPLEMENTARY PAYMENTS – COVERAGES AAND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur, including but not limited to all reasonable expenses of lawyers and adjusters expenses admitted by us in advance. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these |
bonds.
c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work.
e. All costs taxed against the insured in the "suit".
f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.
These payments will reduce the limits of insurance.
2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met:
a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract";
b. This insurance applies to such liability assumed by the insured;
c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract";
d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee;
e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and
f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation, settlement or defense of the "suit";
(b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit";
(c) Notify any other insurer whose coverage is available to the indemnitee; and
(d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information related to the "suit"; and
(b) Conduct and control the defense of the indemnitee in such "suit".
So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Such fees and expenses will reduce the limits of insurance.
Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when:
a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. |
SECTION II – WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited company or company limited by shares, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited company or company limited by shares, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture, limited company or company limited by shares) or your managers (if you are a limited company or company limited by shares), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited company or company limited by shares), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a |
partnership or joint venture), or any member (if you are a limited liability company).
b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager.
c. Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and
(2) Until your legal representative has been appointed.
d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.
3. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to:
a. "Bodily injury" to a co-"employee" of the person driving the equipment; or
b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.
4. Any organization you newly acquire or form, other than a partnership, joint venture or limited company or company limited by shares, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited company or company limited by shares that is not shown as a Named Insured in the Declarations.
SECTION III – LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".
2. The General Aggregate Limit is the most we will pay for the sum of:
a. Damages under Coverage A;
b. Damages under Coverage B；and
c. Payments under Supplementary Payments – Coverage A and B. 3. Subject to 2. above, the Products Liability Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products hazard." 4. Subject to 2. above, the Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the " completed operations hazard." 5. Subject to 2. above, the Personal and Advertising Injury Aggregate Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury." 6. Subject to 3., 4. and 5., the Products Liability Aggregate Limit, the Completed Operations Aggregate Limit and the Personal and Advertising Aggregate Injury Limit is part of, and not in addition to, the General Aggregate Limit. 7. Subject to 3. or 4. or 5. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Payments under Supplementary Payments – Coverage A and B arising out of any one "occurrence". 8.Subject to 7. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. |
SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and |
(2) Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or "suit" as soon as practicable.
c. You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit";
(2) Authorize us to obtain records and other information;
(3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and
(4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply.
d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this Coverage Part:
a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or
b. To sue us on this Coverage Part unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative.
4. Other Insurance
If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below.
b. Excess Insurance
This insurance is excess over:
(1) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builders' Risk, Installation Risk or similar coverage for "your work";
(b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or
(d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I – Coverage A – Bodily Injury And Property Damage Liability.
(2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement.
When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any
"suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and
(2) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
5. Premium Adjustment
a. We will compute all premiums for this Coverage Part in accordance with our rules and rates.
b. Premium shown in this Declarations as a deposit premium will be credited to the amount of the earned premium due at the end of the policy period. At the end of the policy period, or any part of the policy period which ends with the termination of the policy, the earned premium will be calculated for such period and, upon notice to the named insured, will become due and payable. If the earned premium is less than the premium previously paid, we will return to the named insured the difference, provided that the adjusted premium is not less than the minimum premium indicated in the Declarations.
c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us; and
c. We have issued this policy in reliance upon your representations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and
b. Separately to each insured against whom claim is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non-renewal not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
10. Your Right To Claim And "Occurrence" Information We will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding general liability claims-made Coverage Part we have issued to you during the previous three years: a. A list or other record of each "occurrence", not previously reported to any other insurer, of which we were notified in accordance with Paragraph 2.a. of the Section IV – Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. We will include the date and brief description of the "occurrence" if that information was in the notice we received. b. A summary by policy year, of payments made and amounts reserved, stated separately, under any applicable General Aggregate Limit, Products Liability Aggregate Limit and Completed Operations Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. You must not disclose this information to any claimant or any claimant's representative without our consent. If we cancel or elect not to renew this Coverage Part, we will provide such information no later than 30 days before the date of policy termination. In other circumstances, we will provide this information only if we receive a written request from the first Named Insured within 60 days after the end of the policy period. In this case, we will provide this information within 45 days of receipt of the request. We compile claim and "occurrence" information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first Named Insured, we make no representations or warranties to insureds, insurers, or others to whom this information is furnished by or on behalf of any insured. Cancellation or non-renewal will be effective even if we inadvertently provide inaccurate information. |
SECTION V – EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods, as described below, if: a. This Coverage Part is canceled or not renewed; or b. We renew or replace this Coverage Part with insurance that: (1) Has a Retroactive Date later than the date shown in the Declarations of this Coverage Part; or (2) Does not apply to "bodily injury", "property damage" or "personal and advertising injury" on a claims-made basis. 2. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for: a. "Bodily injury" or "property damage" that occurs before the end of the policy period but not before the Retroactive Date, if any, shown in the Declarations; or b. "Personal and advertising injury" caused by an offense committed before the end of the policy period but not before the Retroactive Date, if any, shown in the Declarations. Once in effect, Extended Reporting Periods may not be canceled. 3. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for: |
a. Five years with respect to claims because of "bodily injury" and "property damage" arising out of an "occurrence" reported to us, not later than Extended Reporting Period shown in the Declarations after the end of the policy period, in accordance with Paragraph 2.a. of the Section IV – Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition;
b. Five years with respect to claims because of "personal and advertising injury" arising out of an offense reported to us, not later than Extended Reporting Period shown in the Declarations after the end of the policy period, in accordance with Paragraph 2.a. of the Section IV – Duties In The Event Of Occurrence,
Offense, Claim Or Suit Condition; and
c. Extended Reporting Period shown in the Declarations with respect to claims arising from "occurrences" or offenses not previously reported to us.
The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claims.
4. The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance.
5. A Supplemental Extended Reporting Period of unlimited duration is available, but only by an endorsement and for an extra charge. This supplemental period starts when the Basic Extended Reporting Period, set forth in Paragraph 3. above, ends.
You must give us a written request for the endorsement before the end of this policy period or within the Basic Extended Reporting Period after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due.
We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the following:
a. The exposures Insured;
b. Previous types and amounts of insurance;
c. Limits of Insurance available under this Coverage Part for future payment of damages; and
d. Other related factors.
The additional premium will not exceed 200% of the annual premium for this Coverage Part.
This endorsement shall set forth the terms, not inconsistent with this Section, applicable to the Supplemental Extended Reporting Period, including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts.
6. If the Supplemental Extended Reporting Period is in effect, we will provide the supplemental aggregate limits of insurance described below, but only for claims first received and recorded during the Supplemental Extended Reporting Period.
The supplemental aggregate limits of insurance will be equal to the dollar amount shown in the Declarations in effect at the end of the policy period for such of the following limits of insurance for which a dollar amount has been entered:
General Aggregate Limit
Products Liability Aggregate Limit
Completed Operations Aggregate Limit Paragraphs 2., 3. and 4. of Section III – Limits Of Insurance will be amended accordingly. The Personal and Advertising Injury Aggregate Limit, the Each Occurrence Limit and the Damage To Premises Rented To You Limit shown in the Declarations will then continue to apply, as set forth in Paragraphs 5., 6., 7. and 8. of that Section. |
SECTION VI – DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web-sites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. Territories shown in the Declarations; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 7. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: |
a. The repair, replacement, adjustment or removal of "your product" or "your work"; or
b. Your fulfilling the terms of the contract or agreement.
8. "Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract";
b. sidetrack agreement;
c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker".
10. "Loading or unloading" means the handling of property:
a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or "auto"; or
c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered;
but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto".
11. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads;
b. Vehicles maintained for use solely on or next to premises you own or rent;
c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
(1) Power cranes, shovels, loaders, diggers or drills; or
(2) Road construction or resurfacing equipment such as graders, scrapers or rollers;
e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to raise or lower workers;
f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos":
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or
(c) Street cleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.
12. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
13. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses:
a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor;
d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services;
e. Oral or written publication, in any manner, of material that violates a person's right of privacy;
f. The use of another's advertising idea in your "advertisement"; or
g. Infringing upon another's copyright, trade dress or slogan in your "advertisement".
14. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.
15. "Products hazard":
Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product” except Products that are still in your physical possession.
16.”Completed operations hazard”
a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of “Your Work” except work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times:
(1) When all of the work called for in your contract has been completed.
(2) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site.
(3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.
b. Does not include "bodily injury" or "property damage" arising out of:
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or
(2) The existence of tools, uninstalled equipment or abandoned or unused materials.
17. "Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or
b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it.
For the purposes of this insurance, electronic data is not tangible property.
As used in this definition, 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.
18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.
19. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.
20. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.
21. "Your product":
a. Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and
(2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.
b. Includes
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and
(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. |
Common Policy Conditions All Coverage Parts included in this policy are subject to the following conditions： 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 15 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured’s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of the policy with our consent. This policy’s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right, but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. |
2. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections.
We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions：
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or standards.
E. Premiums
The first Named Insured shown in the Declarations:
1. Is responsible for the payment of all premiums; and
2. Will be the payee for any return premiums we pay.
F. Transfer Of Your Rights And Duties Under This Policy
Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured.
If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property.
Warranty that 25% of premium is deemed to be earned at inception. If this policy is cancelled prior to agreed expiry date, 25% of earned premium at inception or agreed short term premium, whichever is higher, will be charged for time on risk.
Warranty that the premium of this policy should be paid to the insurer within 45 days from the inception date.
Punitive Damage Exclusion Clause
It is agreed that this insurance does not apply to fines, penalties, punitive damages, exemplary damages, treble damages, or any other damages resulting from the multiplication of compensatory damages.
Consequential Loss Exclusion Clause
It is agreed that this insurance does not apply to consequential damages, including but not limited to loss of profit and loss of production.
Professional Liability Exclusion Clause
It is agreed that this insurance does not apply to any liability arising out of the rendering of professional advice or services for a fee or any error or omission connected therewith. For the purposes of this exclusion Professional Services means the performance of work by any Insured for any service or advice provided for a fee or remuneration; including but not limited to designing, consulting, predesign, specification, technical information, feasibility studies, surveying, project management, supervision of construction under the direct instruction of an architect or engineer, misstatements, misleading statements, defamation, breach of any intellectual property right (such as copyright, trademark, patent), breach of contract, breach of confidentiality or similar activities.
War and Terrorism Exclusion Clause
It is agreed that this insurance does not apply to loss, damage, injury, cost or expense of whatsoever nature directly or indirectly caused by or resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss;
(1) war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or
(2) any act of terrorism.
For the purpose of this clause an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.
This clause also excludes loss, damage, injury, cost or expense of whatsoever nature directly or indirectly caused by or resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to (1) and/or (2) above.
If we allege that by reason of this exclusion, any loss, damage, injury, cost or expense is not covered by this insurance the burden of proving the contrary should be upon the insured.
In the event any portion of this clause is found to be invalid or unenforceable, the remainder should remain in full force and effect.
Data Recognition Exclusion Clause
It is agreed that this insurance does not apply to any liability arising out of:
A. Any actual or alleged failure, malfunction or inadequacy of:
1.Any of the following, whether belonging to any Insured or to others:
a. Computer hardware, including microprocessors;
b. Computer application software;
c. Computer operating systems and related software;
d. Computer networks;
e. Microprocessors (computer chips) not part of any computer system; or
f. Any other computerized or electronic equipment or components; or
2. Any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed in Paragraph A.1. of this clause.
due to the inability to correctly recognize, process, distinguish, interpret or accept the date information as its true calendar date.
B. Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you or for you to determine, rectify or test for any potential or actual problems described in Paragraph A. of this clause.
Total Asbestos Exclusion Clause
It is agreed that this insurance does not apply to any actual or alleged liability whatsoever for any claim or claims in respect of loss or losses directly or indirectly arising out of, resulting from or in consequence of asbestos in whatever form or quantity.
It is hereby understood and agreed that the indemnity provided under this policy should apply in respect of judgments which are in the first instance delivered by or obtained from any court of competent jurisdiction stated in the Declarations under this policy.
It is hereby understood and agreed that coverages dispute arising out of this insurance should be subject to Taiwan R.O.C. law and forum.
Sanction Limitation and 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.
Independent Contractors Liability Clause
It is agreed that this policy is extended to cover the Insured’s legal liability in respect of bodily injury or property damage as a result of the insured’s contingent liability arising out of work or operation by independent contractors or sub-contractors engaged by the insured in connection with the insured’s business. Provided that if the claim so submitted is covered by any more specific insurance, then this policy shall not insure the same except only as regards any exceed beyond the limit of
liability covered by such more specific insurance.
This coverage will be applied subject to the per contract value shown in the Declaration.
The limit of liability provided under this clause shall apply inclusively to the insurance and not increase the limits stated in the DECLARATION.
Subject otherwise to the Terms, Conditions and Exceptions of the Policy.
It is agreed that this policy is extended to cover liability of the Insured to indemnify the landlord against any property whatsoever whether directly or indirectly through the defective or damaged condition of any part of the interior of the Insured premises or any fittings, fixtures or wiring therein for the repair of which the Insured is responsible or through or in any way owing to the spread of fire or smoke or the overflow of water from the Insured premises or any part thereof or through the act, default or neglect of the tenant, his servants, agents or licensees.
The limit of liability provided under this clause shall apply inclusively to the insurance and not increase the limits stated in the DECLARATION.
Subject otherwise to the Terms, Conditions and Exceptions of the Policy.
Lifts, Elevators and Escalators Liability Clause
For the avoidance of doubt, it is confirmed that, subject otherwise to the terms, conditions and exclusions of this policy, this insurance will cover the Insured’s legal liability in respect of bodily injury or property damage arising directly or indirectly out of or caused by or in connection with any lift or elevator or escalator operated or maintained by the Insured within the insured’s premises.
Warrant that the Insurer shall not be liable in respect of injury or damage caused whilst any lift or elevator or escalator is carrying a load in excess of the capacity specified by the manufacturer. Inspection and maintenance shall be carried out regularly by authorized contractors.
In consideration of the premium for which this policy is issued, it is agreed that the following shall apply﹕
Insuring agreements
Section 1
Coverage - Employer's Liability﹕
We will indemnify the insured for all sums which the insured shall become legally obligated to pay as damages because of bodily injury caused by accident or disease, including death at any time resulting therefrom, sustained by an employee as defined in section 2 hereunder and arising out of and in the course of his employment in operations connected with his assignment to a country or countries stated in the DECLARATION.
Section 2 Employees covered:
A. It is agreed that the insurance provided by this policy applies only to those employees (including Temporary Worker and Volunteer Worker) of the insured who are hired or assigned by him to work at locations within the country or countries stated in the DECLARATION.
B. This insurance, with respect to any such employee, shall attach from the moment he is hired or assigned for such work and shall cease from the moment his employment or assignment for such work is terminated.
C. This insurance shall be in excess of the terms and conditions of local labor insurance with respect to occurrence not covered by the local labor insurance but covered by the terms and conditions of this insurance, this insurance will be considered primary.
Definitions:
Bodily injury by accident; bodily injury by disease. the contraction of disease is not an accident within the meaning of the word "accident" in the term "bodily injury by accident" and only such disease as results directly from a bodily injury by accident is included within the term "bodily injury by accident". the term "bodily injury by disease" includes only such disease as is not included within the term "bodily injury by accident".
Exclusions
This insurance does not apply:
A) To liability assumed by the insured under any contract or agreement;
B) (1) To punitive or exemplary damages on account of bodily injury to or death of any employee employed in violation of law, or
(2) With respect to any employee employed in violation of law with the knowledge or acquiescence of the insured or any executive officer thereof;
C) To bodily injury by disease unless prior to thirty-six (36) months after the end of the policy period written claim is made or suit is brought against the insured for damages because of such injury or death resulting therefrom;
D) To any obligation for which the insured or any carrier as his insurer may be held liable under any labor insurance act, workmen's compensation, occupational disease law, social security scheme, act or custom having the effect of law.
E) To any obligation under labor standards act.
Limits of Liability
The words “damage because of bodily injury by accident or disease, including death at any time resulting therefrom," including damages for care and loss of services and damages for which the insured is liable by reason of suits or claims brought against the insured by other to recover the damages obtained from such others because of such bodily injury sustained by employees of the insured arising out of and in the course of their employment.
The limit of liability stated in the Declaration is the total limit of liability for all damages because of bodily injury by accident, including death at any time resulting therefrom, sustained by one or more employees in each occurrence. The limit of liability stated in the Declaration is the total limit of liability for all damages because of bodily injury by disease, including
death at any time resulting therefrom, sustained by one or more employees of the insured in operations in any one country in operations necessary or incidental thereto in each occurrence.
Subject to the foregoing respecting "each occurrence" the total liability for all damages because of bodily injury by accident or disease, including death at any time resulting therefrom, which occurs during each annual period while the policy is in force commencing from the effective date, shall not exceed the limit of liability stated.
Subject otherwise to the terms, exceptions/exclusions and conditions of this policy.
Full Way Cross Liability Clause
It is agreed that, notwithstanding anything contained to the contrary, each of the insureds stated in the schedule for the purpose of this of policy shall be considered as separate and distinct entities and the provisions of this policy shall apply separately and independently to each of them.
Notwithstanding liability imposed upon each insured for one accident, the aggregate liability of the company for all Insureds shall in no case exceed the amount of the limit of liability described in the declaration.
When this insurance, Employers’ Liability insurance and Workmen’s Compensation insurance should apply to one and the same accident involving any workers engaged in the Works stated in the schedule, this insurance shall function as the excess policy to the said insurance, excepting the case where the competent authorities of the Workmen’s Compensation insurance should execute the right of the subrogation according to the provision in the said insurance.
When this insurance and any other property insurance including but not limited to Erection All Risks insurance should apply to one and the same accident, this insurance shall function as the excess policy to the said insurance and the Company shall not pay the recoverable amount of the deductible to be apply to the said policy.
Oil Pollution Coverage Special Conditions
Article 1. Oil Pollution Coverage
(1) The Company shall be liable to indemnify the Insured for all sums which the Insured shall become obligated to pay by reason of the liability imposed upon him by law for damages caused by sudden and accidental overflow of
the petroleum material into sea, river, lakes or marshes, or cana（l hereinafter called “Public Water Area”）out of the
premises designated under the insurance policy（hereinafter called “Premises”）during the policy period because of the following liability subject to the provisions of this special conditions.
1) Liability due to injury to, destruction or stain of the property of others caused by water contamination.
2) Liability to the obligee of fishery right due to decreased haul of fish or deterioration of quality thereof caused by water contamination.
(2) The Company shall be liable to pay for the sum if disbursed by the Insured in the event of water contamination to the public water area caused by sudden and accidental overflow of the petroleum material into the area outside of the territory owned or used by, or in custody of the Insured arising from the premises resulting in the expendeture to prevent diffusion of the petroleum material and to clean or process burning, precipitation, emulsification or separation etc.（hereinafter called “process Expense”）subject to the provisions of this special conditions.
Article 2. Definition of Petroleum Material
The petroleum material appeared in the foregoing article shall mean the followings;
1) Petroleum such as crude oil, bengine, kerosene, gasoline, crude petroleum, lubricant, pitch, tar etc.
2) Chemical composition such as to be derived from the petroleum described in the foregoing item.
3) Mixture, waste or remnants containing materials described in the foregoing items.
Article 3. Scope of Oil Pollution Loss
The scope of oil pollution loss to be indemnified by the Company shall be limited to the following;
1) Indemnity for the loss payable to the sufferer by the Insured.
2) Process expense disbursed by the Insured.
3) Necessary or useful expense disbursed by the Insured to preserve or exercise his rights in the event compensation for the loss is recoverable from the others.
4) Expense disbursed by the Insured with written consent of the Company relation to the lawsuit for the damages.
5) Expense disbursed by the Insured in order to cooperate for settling claim by the Company for the damages.
Article 4. Limit of Liability
The Company’s limit of liability for the oil pollution loss in the foregoing items shall be as follows;
1) Indemnity for the damage under item 1 and process expense under item 2 of the foregoing article shall be the amount up to the limit of liability declared under the policy per any one accident, if the total amount exceeds the deductible amount declared under the policy, for the excess amount.
2) The Company’s amount of indemnity during the policy period shall not exceed the aggregate limit for the policy period declared under the policy excepting the expenses under item 3) thru 5) of the foregoing paragraph.
Expense under item 4) of the foregoing paragraph shall be limited to the proportional amount of the aggregate limit bears to the total amount of the indemnity for the damage under item 1) and process expense under item 2) of the foregoing paragraph if such total amount exceeds the aggregate limit for the policy period declared under the policy
（if an insurance money was already paid by the Company, such amount of insurance money shall be reduced from the aggregate limit）.
Article 5. Exclusions
The Company shall not be liable for the oil pollution loss caused by the followings （Whether or not the loss was principally caused by the followings or contributed thereto）
1) Intention by the insurance applicant or the Insured.
2) War（whether declared or not）, civil war, mutiny, riot or labour disturbance.
3) Earthquake, eruption, flood, high waves or tidal waves.
4) Nuclear reaction or fission however excepting those of radio isotope （other than those of uranium, thorium, plutionium and its compound or component）.
Article 6. Exclusions
甲、The Company shall not be liable to indemnity for the oil pollution loss caused by the followings;
1) Repairs, remodeling or demolishing of the premises.
2) Ownership, use or control of automobile, ships or aircraft.
3) Draining or ventilation （including smoke）however this exclusion shall not apply to sudden and accidental overflow of petroleum material.
4) Commodity after the Insured has relinquished possession thereof or property after the Insured has relinquished possession thereof and located away from the premises.
5) Completed operations（or required delivery of the object of operation）or abandoned operations（machinery, equipment or material which has been left over or remained on the place of such operations by the Insured shall
not be deemed abandoned operations）.
(2) The Company shall not be liable to indemnify for the oil pollution loss against the person holding proper rights on the property which is owned, used or controlled by the Insured causing injury, destruction or stain thereto.
(3) The Company shall not be liable for the oil pollution loss on the basis of aggrevated liability by an agreement if such agreement assumes an indemnity of loss between the Insured and the third party.
Article 7. Common Premises
In the event the premises is wholly or partly owned common premises, the Company shall be liable to indemnify for the accident arising out of such common premises for the proportion of the Insured’s ownership in the common premises（hereinafter called “owned proportion”）multiplied by the total amount of indemnity for loss under item 1) and the process expense under item 2) of Article 3 to be born by all common owners of the premises provided that such amount for the owned proportion exceeds the amount multiplied by the deductible amount per any one accident described under the policy, then, such exceeded amount shall be indemnified.
Article 8. Proper Law
Any provision not stipulated in this special conditions, provided such are not contrary thereto, the general conditions shall govern.
Special Conditions of Xxxxxx’x Liability Insurance
Article 1.
The Company will indemnify the insured, in the event of property bailed to the insured having been destroyed, damaged, soiled, lost or stolen during any of the undermentioned periods of time, for any such loss as may be incurred by the insured in assuming legal liability to the person having a right to the bailed property for the damages caused thereby:
(1) Period of time while the bailed property is dept within the premises mentioned in the Section of Descriptions of Premises below.
(2) Period of time while the bailed property is kept without the premises for the purposes as mentioned in the Section of Purpose of Safekeeping below.
Article 2.
The Company is not bound to pay any indemnity for any such loss as may incurred in assuming liability for damages directly or indirectly caused by;
(1) theft committed by the insured, his representative, and/or his or their employee(s), whether or not in collusion with others;
(2) destruction, damage, soiling, loss, or theft of the property owned or used for own purposes by an employee(s) of the insured;
(3) destruction, damage or soiling of the bailed property arising from defects in itself, wear and tear, or its own properties;
(4) destruction, damages, or soiling of the bailed property caused by rats, worms, vermins or insects;
(5) destruction, damage or soiling of the bailed property caused by steam, water and other materials leaking or oozing out of water pipes, heating or cooling apparatus, airconditioning system, fire plug, sprinkler and other business or household appliances;
(6) destruction, damage, or soiling of the bailed property caused by raindrops, snowflakes, etc. admitted through roofs, gutters doors, shutters, windows, ventilating pipes, etc.
(7) such destruction, damage or soiling of the bailed property as is discovered two weeks after delivery thereof to the bailor.
Article 3.
The Company is not bound, unless otherwise specially agreed, to indemnify the insured for such loss as may be incurred in assuming liability for damages caused by destruction, damage, soiling, loss, or theft of the bailed property including , coins, paper money, valuable securities, revenue stamps, postage stamps, paper evidence, account, books, jewelry, precious metals, objects of art, articles of virtu, decorations, insignias, manuscripts, plans and specifications, models and patterns, and the like.
Article 4.
The amount of indemnity payable by the Company shall not exceed that of value which the bailed properly might have had at the place where and at the time that the accident occurred if the same accident had not occurred.
Article 5.
In the event of the Company paying an indemnity, the amount remaining after subtraction of the amount of indemnity from the Limit of Liability shall be made the limit of liability for the remaining part of the period of insurance.
a. Descriptions of Premises
（1） Location
（2） Name
（3） Construction and size
（4） Owned or leased
（5） Use
b. Bailed Property
c. Purpose of Safekeeping
Garage Keepers Legal Liability Clause
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE
Coverage Part, Coverage A, Exclusion j, Paragraph (4) is amended by adding the following :
This does not apply to property damage the insured legally must pay as damages for loss to a "customer's auto" or "customer's auto" equipment left in the "insured's care while the insured is attending, parking or storing it in insured’s "garage operations".
Additional Exclusions
The limited coverage provided by this exception does not apply to:
1. loss any customer's auto or other property in the custody of the insured for demonstration or sales;
2. loss by theft due to any fraudulent, dishonest or criminal act by anyone qualifying as an insured;
3. loss arising out of the use of any elevator, or any automobile servicing hoist designed to raise an entire automobile;
4. loss to any customer auto or other property while it is being used in any prearranged or organized racing, speed demolition contest or in any stunting activity or in practice or preparation for any such contest or activity; or
5. loss of use of any customer's auto arising out of fire, explosion or malicious mischief or vandalism.
Additional Definitions
As used in this endorsement:
1. "Customer's Auto" means a customer's land motor vehicle or trailer or semitrailer. This definition also includes any
customer's auto while left with you for service, repair, storage or safekeeping.
2. "Loss" or losses means direct and accidental loss or damage and including any resulting loss of use.
"Garage operations" means the ownership, maintenance or use of locations for the purpose of parking these locations, "Garage operations" also includes all operations necessary or incidental to the performance of garage operations.
The Insurers will indemnify the Insured up to but not exceeding the amounts specified in the schedule against such sums which the Insured shall become legally liable to pay as damages consequent upon.
1. accidental bodily injury to or illness of third parties
2. accidental loss of or damage to property belonging to third parties or to the principal’s surrounding property, except the constructed or erected items by the Insured
Occurring in direct connection with the construction or erection of the business of the Insured and happening on or in the immediate vicinity of the site during the Period of Cover. Provided that if the claim so submitted is covered by any more specific insurance. Then this policy shall not insure the same except only as regards any exceed beyond the limit of liability covered by such more specific insurance.