Employers Liability Policy ( 蘇 黎 世 產 物 僱 主 意 外 責 任 保 險 )

Transcription

1 免 費 保 戶 服 務 電 話 : 資 訊 公 開 查 詢 : 免 費 申 訴 電 話 : 消 費 者 可 至 本 公 司 總 分 支 機 構 網 址 查 閱 或 索 取 書 面 資 訊 公 開 說 明 文 件 本 商 品 經 本 公 司 合 格 簽 署 人 員 檢 視 其 內 容 業 已 符 合 保 險 精 算 原 則 及 保 險 法 令, 惟 為 確 保 權 益, 基 於 保 險 業 與 消 費 者 衡 平 對 等 原 則, 消 費 者 仍 應 詳 加 閱 讀 保 險 單 條 款 與 相 關 文 件, 審 慎 選 擇 保 險 商 品 本 商 品 如 有 虛 偽 不 實 或 違 法 情 事, 應 由 本 公 司 及 負 責 人 依 法 負 責 COVERAGES Employers Liability Policy ( 蘇 黎 世 產 物 僱 主 意 外 責 任 保 險 ) (102) 台 蘇 保 行 展 字 第 號 函 備 查 Whereas the Insured carrying on the business described in the Schedule and on other for the purposes of this Insurance by a proposal and declaration which shall be the basis of this contract and is deemed to be incorporated herein has applied to ZURICH INSURANCE (TAIWAN) LTD. (hereinafter called the Company) for the Insurance hereinafter contained and has paid or agreed to pay the Premium as consideration for such insurance. Now this Policy witnesseth that if any person under a contract of service or apprenticeship with the Insured shall sustain bodily injury caused by accident during the Period of Insurance and arising out of and in the course of his employment by the Insured in the Business. The Company will subject to the Terms, Exceptions and Conditions contained herein or endorsed heron indemnify the Insured against liability at law for damages and claimant's costs and expenses in respect of such injury and in addition pay all costs and expenses incurred with its written consent. The Company will also pay the Solicitor's fee incurred with the Company's written consent for representation of the Insured at proceedings in any Court of Summary Jurisdiction arising out of any alleged breach of a statutory duty resulting in bodily injury which may be the subject of indemnity under this Policy. EXCLUSIONS The Company shall not be liable under this Policy in respect of: 1. Liability which attaches by virtue of an agreement but which would not have attached in the absence of such agreement; 2. Any injury caused elsewhere than in Taiwan, The Republic of China; 3. Any liability of indemnity by willful or incited act committed by the Insured or applicant; 4. Any liability of indemnity to business operation of full times or part-time of the Insured not described in the Policy or illegal business conducted by the Insured. 5. Liability assumed by the Insured under any contract or agreement; (6) Any liability of indemnity: (a) resulting in disease of employee, or (b) arising from willfull or unlawful act committed by employee, or (c) to Contractor or Sub-Contractor of the Insured or Employee of Contractor or Sub-Contractor; (7) Liability of indemnity by war or warlike operation (whether war be declared or not), rebellion, usurped power or military requisition; (8) Liability of indemnity whatsoever nature directly or indirectly caused by ionizing radiations or contamination by radioactivity from any nuclear fuel; (9) Liability of indemnity by accidents arising from typhoon, earthquake, hail and flood or any other Act of God.

2 (10) Liability of Indemnity regulated under the Labor Standard Law. This exclusion does not apply to liability for damage that the Insured would have in the absence of the Labor Standard Law. (11) Any injury arising from the Insured s ownership, use or control of any vehicles licensed for general road use or waterborne vessels or aircraft. (12) Any injury to employee while he/she is under the influence of alcohol or drug. (13) Liability arising out of any kind of pollution. (14) Liability arising out of Strike, Riot and/or Civil Commotion. (15) Liability in respect of asbestos, asbestos products or asbestos contained in any products. CONDITIONS 1. This Policy and the Schedule shall be read together as one contract and any word or expression to which a specific meaning has been attached in any part of this Policy or of the Schedule shall bear such specific meaning wherever it may appear. 2. In the event of any occurrence which may give rise to a claim for indemnity under this Policy the Insured shall as soon as possible give notice thereof to the Company in writing with full particulars. Every letter claim writ of summons and process shall be notified or forwarded to the Company promptly on receipt. Notice shall also be given in writing to the Company immediately the Insured shall have knowledge of any impending prosecution inquest or fatal inquiry in connection with any occurrence as aforesaid. 3. No admission of payment or indemnity shall be made or given by or on behalf of the Insured without the written consent of the Company which shall be entitled if it so desires to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute in the name of the Insured for its own benefit any claim for indemnity of damages or otherwise and shall have full discretion in the conduct of any proceeding and in the settlement of any claim and the Insured shall give all such information and assistance as the Company may require. 4. The Insured shall take reasonable precautions to prevent accidents. 5. The first premium and all renewal premiums that may be accepted are to be regulated by the amount of wage salaries and other earnings paid by the Insured to employees during each Period of Insurance. The name of every employee together with the amount of wage salaries and other earnings shall be properly recorded and the Insured shall at all times allow the Company to inspect such records and shall supply the Company with a correct account of all such wage salaries and other earnings paid during any Period of Insurance within one month from the expiry date of such Period of Insurance. If the amount so paid shall differ from the amount on which premium has been paid the difference in premium shall be met by a further proportionate payment to the Company or by a refund by the Company as the case may be. 6. If at the time any claim arises under this Policy there be any other insurance covering the same liability the Company shall be not liable to pay or contribute more than its ratable proportion of any such claim and costs and expenses in connection therewith. 7. The Company may cancel this Policy by sending fifteen days prior notice by registered letter to the Insured at his last known address and in such event the Premium shall be adjusted in accordance with Condition The due observance and fulfillment of the Terms, Provisions, Conditions and Endorsements of this Policy in so far as they relate to anything to be done or complied with by the Insured and the truth of the statements answers in the said proposal shall be conditions precedent to any liability of the Company to make any payment under this Policy. 9. The Company shall be liable only for an amount in excess of the benefits to be paid under a compulsory Labor Insurance and the Insured must first file claims to Bureau of Labor Insurance for indemnity in case of injury to his employees.

3 10. If any difference arises as to the amount to be paid under this Policy (liability being otherwise admitted) such difference will be referred to an arbitrator to be appointed in accordance with the relevant statutory provisions in force at that time or, if there are no relevant statutory provisions in force, by agreement between Zurich and the Insured. Where any difference is by this Condition to be referred to arbitration the making of an award will be a condition precedent to any right of action against Zurich. 11. The indemnity provided by this policy applies only in respect of compensation resulting from judgments delivered by or obtained from a court of competent jurisdiction in Taiwan, R.O.C. and the interpretation of this policy and any word or phrase contained in the policy will be in accordance with the Law of the Republic of China. SPECIAL CONDITIONS 1.TERRORISM EXCLUSION ENDORSEMENT Notwithstanding any provision to the contrary within this insurance or any endorsement thereto, Zurich will not be liable under this Policy for any claims in respect of any injury, loss, damage, cost or expense arising from any consequence, whether direct or indirect, of a. any act of terrorism regardless of any other cause or event contributing concurrently or in any other sequence to the loss b. any action taken in controlling, preventing, suppressing or in any way relating to any act of terrorism c. any failure to control, prevent or suppress any act of terrorism 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 If Zurich allege that by reason of this exclusion, any claim for injury, loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Insured In the event any portion of this endorsement is found to be invalid or unenforceable, the remainder shall remain in full force and effect 2. DATE RECOGNITION EXCLUSION ENDORSEMENT In no case shall this insurance cover injury, loss, damage, cost, expense or liability of whatever nature caused by, consisting of, contributed to or by or arising from, whether directly or indirectly, the use, operation or failure of any computer, computer system, computer software, data processing equipment, media, microchip, integrated circuit, processor or similar device, whether the property of the Insured or not and whether occurring before during or after the year 2000 as a consequence of (a)a change of date or day. (b)any change or modification in relation to any date or day to any computer, computer system, computer software, data processing equipment, media, microchip, integrated circuit, processor or similar device. (c)any failure to make or make correctly any changes or modifications in relation to any date or day to any computer, computer system, computer software, data processing equipment, media, microchip, integrated circuit, processor or similar device. 附 加 條 款 :( 下 列 附 加 條 款 需 加 費 投 保 後 適 用 )

4 Zurich Employers Liability Policy Act of God Clause ( 蘇 黎 世 產 物 僱 主 意 外 責 任 保 險 天 災 附 加 條 款 ) Act of God Clause (102) 台 蘇 保 行 展 字 第 號 函 備 查 It is hereby declared and agreed that this policy is extended to cover the Liability of indemnity by accidents arising from typhoon, earthquake, hail and flood or any other Act of God, provided that the Insured has legal liability. Zurich Employers Liability Policy The Numbers of Employees Clause ( 蘇 黎 世 產 物 僱 主 意 外 責 任 保 險 受 僱 員 工 人 數 變 動 附 加 條 款 ) (102) 台 蘇 保 行 展 字 第 號 函 備 查 The Numbers of Employees Clause It is hereby declared and agreed that with effect from policy inception, the premium will not be adjusted while the number of the Insured's employees increase or decrease within ; otherwise the premium of.- for per person should be adjusted by pro-rata. Zurich Employers Liability Policy Overseas Business Trip Clause ( 蘇 黎 世 產 物 僱 主 意 外 責 任 保 險 海 外 出 差 責 任 附 加 條 款 ) Overseas Business Trip Clause (102) 台 蘇 保 行 展 字 第 號 函 備 查 It is hereby declared and agreed that the geographical area of this policy should be extended to worldwide for employees working temporarily outside Taiwan subject to Taiwan Jurisdiction, provided that the Insured has legal liability. Zurich Employers Liability Policy Commute Extension Clause ( 蘇 黎 世 產 物 僱 主 意 外 責 任 保 險 通 勤 責 任 附 加 條 款 ) Commute Extension Clause (102) 台 蘇 保 行 展 字 第 號 函 備 查 It is hereby declared and agreed that with effect from policy inception, this policy should be extended to cover the Insured's legal liability at Civil Law against employees for accident happening on the way to work from home and vice-versa.

5 Zurich Employers Liability Policy Use of Licensed Vehicles Clause ( 蘇 黎 世 產 物 僱 主 意 外 責 任 保 險 使 用 車 輛 附 加 條 款 ) Use of Licensed Vehicles Clause (102) 台 蘇 保 行 展 字 第 號 函 備 查 It is hereby declared and agreed that this policy extends to cover the liability of indemnity arising from the Insured s ownership, use or control of vehicles licensed for general road use, provided that the Insured has legal liability. Zurich Employers Liability Policy Extra Ordinary Weather Conditions Clause ( 蘇 黎 世 產 物 僱 主 意 外 責 任 保 險 特 殊 天 氣 附 加 條 款 ) Extra Ordinary Weather Conditions Clause (102) 台 蘇 保 行 展 字 第 號 函 備 查 It is hereby declared and agreed that, with effect from inception, this policy should be extended to cover the following conditions: In the event of any employee of the Insured whose attendance at his place of employment is required by the Insured during extraordinary weather conditions being injured or killed whilst proceeding directly to the place of employment or returning therefrom to his home such death or injury should be deemed to have arisen out of and in the course employment for the purpose of this policy. Zurich Employers Liability Policy Cancellation of Notice Endorsement ( 蘇 黎 世 產 物 僱 主 意 外 責 任 保 險 契 約 終 止 日 數 約 定 附 加 條 款 ) (102) 台 蘇 保 行 展 字 第 號 函 備 查 It is hereby declared and agreed that the cancellation notice of this policy should be revised to days (no lower than 15 days)