國 泰 產 物 Comprehensive General Liability Policy. Endorsement

Transcription

1 備 查 文 號 : (103) 企 字 第 號 免 費 申 訴 電 話 : 國 泰 產 物 Comprehensive General Liability Policy Endorsement ENDORSEMENT LIST 1. Combined Single Limit Endorsement 2. Deductible 3. Premium Calculation 4. Minimum Earned Premium 5. Territory(Taiwan, R.O.C.) 6. Jurisdiction(Taiwan, R.O.C.) 7. Elevator Liability Endorsement 8. Car Park Endorsement 9. Excess Automobile Liability Endorsement 10. Independent Contractors Liability Coverage 11. Cross Liability Endorsement 12. Food and Drink Poisoning Liability 13. Sales Promotion Event Liability 14. Advertising, Signs and Decorations Liability Clause 15. War Exclusions 16. Terrorism Exclusion with an amendment to the War Exclusion 17. Terrorism Exclusion Endorsement 18. Professional Liability Exclusion 19. Pollution Exclusions 20. Asbestos Exclusion Endorsement 21. Punitive and Exemplary Damage Exclusion Endorsement 19

2 22. Employer s Liability Exclusion Endorsement 23. Personal & Advertising Liability Exclusion Endorsement 24. Consequential Loss Exclusion Endorsement 25. Pure Financial Loss Exclusion Endorsement 26. Product Recall / Guarantee Exclusion Endorsement 27. Electromagnetic Radiation Exclusion Endorsement COMBINED SINGLE LIMIT ENDORSEMENT This endorsement afforded is only with respect to such and so many of the coverages as indicated by All Coverages Under This Policy. It is agreed that, with effect as from inception, this provisions of this Policy captioned Limits of Liability are amended to read as follows: Limit of Liability Regardless of the number of(1)insureds under this Policy,(2)persons or organizations who sustained bodily injury or property damage,(3)claims made or suits brought on account of bodily injury or property damage, or(4)automobiles or units of mobile equipment to which this Policy applies, the Company s liability is limited as follows: The Company s limit of liability under the aforesaid coverage(s) separately or in combination for all damages shall be limited to the sum of NT$300,000,000.- for each occurrence. Subject to the above provision respecting each occurrence: The limit of the Company s liability shall be limited in the aggregate to NT$300,000,000.- as respect all occurrences arising out of the aforesaid coverage(s). Such aggregate limit of liability applies separately to each annual period of the policy period. For the purpose of determining the limit of the Company s liability, all bodily injury and 20

3 property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. Nothing herein contained shall be held to vary, alter, waive or extend any of the Conditions, Exclusions, Limitations or Terms of this Policy other than as above stated. DEDUCTIBLE It is hereby understood and agreed that notwithstanding anything to contrary contained in this policy, the insured in respect of each and every loss shall be responsible for first A) bodily injury Nil any one occurrence for bodily injury B) property damage NT$10,000 any one occurrence or 10% of loss which ever is higher for property damage C) excess automobile liability bodily injury:nt$200,000 medical expense per person NT$1,500,000 sum of death and disability per person voluntary third party liability coverage the company may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, the named insured shall promptly reimburse the company for such part of the deductible amount as has been paid by the company. PREMIUM CALCULATION It is hereby declared and agreed that the premium NT$2,160,000 charged under this policy is annual non-adjustable premium. This premium was computed based on rates in effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. MINIMUM EARNED PREMIUM 21

4 If this policy is canceled by the Insured or is canceled by the company for non-payment of premium, the minimum earned premium appearing in the declarations is fully earned and is due and payable to the company. No return premiums shall be due the Insured, unless the company has canceled for reasons other than non-payment of premium. In the event of the company is canceling for reasons other than non-payment of premium, the return premium shall be calculated on a customary pro-rata method. TERRITORY(TAIWAN, R.O.C.) It is understood and agreed effective SEPTEMBER 30, 2007, that ITEM 4 in Section V-DEFINITIONS is deleted in its entirety and substituted by the following: 4. The definition of Coverage Territory of this policy is amended to read as follows: a. Taiwan, R.O.C. b. International water or airspace, provided the injury or damage does not occur in the course of travel or transportation to and from any country not designated above. c. Where possible the company will provide defense indemnifying the insured for sums which the Insured shall become legally obligated to pay subject otherwise to all of the terms and conditions of this policy. Where not possible for the company to provide defense, the company agrees to reimburse the Insured for any amount including indemnity, costs, defense expenses incurred with the prior approval of the company subject to all of the terms and conditions of this policy. JURISDICTION(TAIWAN, R.O.C.) It is hereby declared and agreed that the indemnity provided under this policy shall only in respect of judgements which are in the first instant delivered by or obtained from a court of competent jurisdiction within the territory of Taiwan, R.O.C. ELEVATOR LIABILITY CLAUSE It is hereby understood and agreed that this insurance covers liability on connection or arising from lifts, escalators, elevators, hoists or cranes operated or maintained by the Insured at any of the 22

5 Insured s premises provided that the Company shall not be liable in respect of injury or damage caused whilst any lifts is carrying a load in excess of the capacity specified by the manufacturer. The Insured shall comply with all statutory obligations and shall forward to the Company within one month after issue a copy of each statutory certificate permit order of report relating to each machine. Inception and maintenance shall be carried out regularly by authorized contractors. CAR PARK ENDORSEMENT This policy extends to indemnify the insured in respect of its legal liability for property damage to automobiles not owned by it whilst in the insured s control or whilst parked on the insured s premises. Provided that: (1) the insured shall take all reasonable precautions to prevent such property damage; (2) there is no cover provided for any automobile stolen from the insured s premises or which mysteriously disappears from such premises; (3) valet parking of customers automobiles is to be carried out only by the duly authorised and licensed employees of the insured as advised to the Company; and (4) if any claim submitted is covered by any other more specific insurance, then this policy shall not insured the same except only as regards any excess beyond the limit of liability covered by such specific insurance. The limit of the Company s liability under this clause is NT$500,000 per automobile and NT$10,000,000 per occurrence and in the aggregate for the period of insurance. A deductible of NT$50,000 per occurrence will apply. EXCESS AUTOMOBILE LIABILITY ENDORSEMENT In consideration of the premium charged, it is hereby agreed and understood that the coverage afforded by this policy shall be in excess of the terms and conditions of the current motor vehicle policy or policies carried by the named insured for 首 都 客 運 ( 股 ) 公 司 hanged and the plate numbers would be 540-FE 539-FE with the following minimum limits of liability: Underlying or primary Auto Liability Insurance Bodily Injury:NT$200,000 medical expense per person NT$1,500,000 sum of death and disability per person 23

6 Voluntary Third Party Liability Coverage INDEPENDENTCONTRACTORS LIABILITY COVERAGE It is understood and agreed that effective SEPTEMBER 30, 2007 we agree with you to provide third party bodily injury or property damage coverage arising from repair or maintenance job performed by any independent contractor provided the job meets all of the following conditions: (1) The job is of contract value not more than NT$3,000,000 for any one job. (2) The Independent Contractors are hired by the named insured (s). (3) The job is performed at the premises as described in declarations. (4) The job is performed on the building or temporary or permanent fixtures of the building. CROSS LIABILITY Where more than one party comprises the Insured each of the parties shall for the purposes of this Policy be considered as a separate and distinct unit and the words the Insured shall be considered as applying to each party in the same manner as if a separate policy had been issued to each of the said parties. The maximum amount payable by the Company for damages in respect of one Occurrence or all occurrences of a series consequent of or attributable to one source or original cause irrespective of the number of parties claiming indemnity hereunder shall not exceed the amounts stated in the Schedule as the Limits of Indemnity. FOOD AND DRINK POISONING LIABILITY It is hereby agreed that this policy is extended to cover claims made in respect of poisoning of any kind arising from food or drink sold or supplied or due to the presence of deleterious matter in such food and drink; provided always that the insured shall at all times take every possible precaution to keep such food and drink in good condition, free from contamination and fit for human consumption. SALES PROMOTION EVENT LIABILITY It is agreed that this policy is extended to indemnify the insured in respect of bodily of bodily injury or property damage arising out of sales promotion event sponsored or organized within premises by the insured excluding any stunt acts and activities such as 24

7 bungee jumping, mountain climbing, pyrotechnics and any water sports, provided that such events are not entitled to indemnity under any other policy of insurance, otherwise, the indemnity granted herein will only apply in excess of that provided by such other policy. ADVERTISING, SIGNS AND DECORATIONS LIABILITY CLAUSE It is agreed that this policy extends to indemnify all sums which the Insured is legally liable to pay as compensation for bodily injury or damage to property arising out of or caused by or in connection with the Insured s advertising signs and decorations and the like. WAR EXCLUSIONS Under policy exclusions, the following exclusion is added. This insurance does not apply to any loss, cost or expense arising, directly or indirectly, out of war, regardless of whether this insurance would otherwise apply to all or part of any such loss, cost or expense in the absence of any such war. All other terms and conditions remain unchanged. TERRORISM EXCLUSION WITH AN AMENDMENT TO THE WAR EXCLUSION It is understood and agreed effective SEPTEMBER 30, 2007, that Section 1-Exclusions I, War is deleted in its entirety and replaced with the following: War Bodily injury, property damage personal injury or advertising injury due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, invasion, act of foreign enemy, civil commotion, factional civil commotion, military or usurped power, rebellion or revolution. Section 1-Exclusions, is amended with the addition of the following exclusion: Bodily injury or property damage arising directly or indirectly as a result of or in connection with terrorism including, but not limited to, any contemporaneous or ensuing 25

8 bodily injury or property damage caused by fire, looting or theft. Terrorism means the use or threatened use of force or violence against person or property, or commission of an act dangerous to human life or property, or commission of an act that interferes with or disrupts an electronic or communication system, undertaken by any person or group, whether or not acting on behalf of or in connection with any organization, government, power, authority or military force, when the effect is to intimidate or coerce a government, the civilian population or any segment thereof, or to disrupt any segment of the economy. Terrorism shall also include any act which is verified or recognized by the United States Government as an act of terrorism. TERRORISM EXCLUSION ENDORSEMENT(NMA2920) Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss. For the purpose of this endorsement 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 organization(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 endorsement also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism. If the company allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the assured. In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. PROFESSIONAL LIABILITY EXCLUSION 26

9 This insurance does not apply to: Professional liability Bodily injury, property damage, advertising injury or personal injury arising out of the rendering or failing to render professional service or advise, whether or not that service or advice is ordinary to the insured s profession, regardless of whether a claim or suit is brought by a client or any other person or organization. POLLUTION EXCLUSIONS Under policy exclusions, the following exclusion is added: This insurance does not apply: 1. bodily injury or property damage arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: a. at or from any premises, site or location which is or was at any time owned or occupied by or rented or loaned to you; b. at or from any premises, site or location which is or was at any time used by or for you or others for the handling, storage, disposal, processing or treatment of waste; c. which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for you or any person or organization for whom you may be legally responsible; or d. at or from any premises, site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations: (I) if the pollutants are brought on or to the premises, site or location in connection with such operations by you, contractor or subcontractor; or (II) if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize or in any way respond to, or assess the effects of pollutants. 2. any loss, cost or expense arising out of any: a. request, demand or order that you 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, detoxifing, or neutralizing or in any way responding to, or assessing the effects of pollutants. The following definition is added: Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including 27

10 smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste, waste includes materials to be recycled, reconditioned or reclaimed or disposed of. All other terms and conditions remain unchanged. ASBESTOS EXCLUSION ENDORSEMENT This insurance does not apply to any liability for property damage, bodily, injury, sickness, disease, occupational disease, disability, shock, death, mental anguish and mental injury at any time arising out of the manufacture of, mining of, use of, sales of, installation of, distribution of, or exposure to asbestos products, asbestos fibers or asbestos dust, or to any obligation of the insured to indemnity any party because of damages arising out of such property damage, bodily injury, sickness, disease, occupational disease, disability, shock, death, mental anguish or mental injury at any time as a result of the manufacture of, mining of, use of, sales of, installation of, distribution of, or exposure to asbestos products, asbestos fibers or asbestos dust. It is further understood and agreed that CATHAY CENTURY INSURANCE CO., LTD. Shall not be obligated to defend any suit or claim against the insured alleging bodily injury or property damage and seeking damages, if such suit or claim arises from bodily injury or property damage resulting from or contributed to, by any and all manufacture of, mining of, use of, sales of, installation of, distribution of, or exposure to asbestos products, asbestos fibers or asbestos dust. PUNITIVE AND EXEMPLARY DAMAGE EXCLUSION ENDORSEMENT In consideration of the premium charged, it is hereby understood and agreed that this policy will exclude all fines, penalties, punitive or exemplary damages. It is further agreed that this condition will apply irrespective of any possible coverage existing in any policy listed in the schedule of underlying insurance. EMPLOYER S LIABILITY EXCLUSION ENDORSEMENT It is hereby noted this policy excludes claims arising from Employer s Liability PERSONAL & ADVERTISING LIABILITY EXCLUSION ENDORSEMENT 28

11 It is hereby noted this policy excludes claims arising from Personal & Advertising Liability. CONSEQUENTIAL LOSS EXCLUSION ENDORSEMENT Notwithstanding, any other provision of this policy, the company shall not be liable for consequential damages sustained by the principal, including but not limited to loss of profit, loss of use and loss of production. PURE FINANCIAL LOSS EXCLUSION ENDORSEMENT It is hereby noted that Insurance coverage under this policy will not extend to claims for financial losses that do not result from any insured case or personal or property damage. PRODUCT RECALL/GUARANTEE EXCLUSION ENDORSEMENT It is hereby noted this policy excludes claims arising from Product Recall and/or Product Guarantee. ELECTROMAGNETIC RADIATION EXCLUSION ENDORSEMENT It is hereby noted this policy does not cover any bodily injury and/or property damage directly or indirectly caused by or contributed to or arising from ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. 29