國 泰 產 物 Public & Products Liability Insurance

Transcription

1 備 查 文 號 : ( ) 企 字 第 號 免 費 申 訴 電 話 : 國 泰 產 物 Public & Products Liability Insurance Chapter I General Coverage 1. OPERATIVE CLAUSE The Insurers will indemnify the Insured against their liability to pay damages (including claimants costs, fees and expenses) in accordance with the law of Taiwan (R.O.C.) unless the Insured has requested that there shall be no such limitation and has accepted the terms offered by Insurers in granting such cover, which offer and acceptance must be signified by specific endorsement of this Policy. This indemnity applies only to such liability as defined by each insured Section of this Policy arising out of the Business specified in the DECLARATION, subject always to the terms, Conditions and Exclusions of such Section and of the Policy as a whole. For the purpose of determining the indemnity granted 1.1. Injury means death, bodily injury, illness or disease of or to any person; assault or battery except where committed by or at the direction of the insured for any purpose other than the prevention or elimination of danger to persons or property; false or wrongful arrest, detention or imprisonment and malicious prosecution libel, slander or defamation 1.2. Damage means loss of possession or control of or actual damage to tangible property; 1.3. Product means any property after it has left the custody or control of the Insured which has been designed, specified, formulated, manufactured, constructed, installed, sold, supplied, distributed, treated, serviced, altered or repaired by or on behalf of the Insured, but shall not include food or drink supplied by or on behalf of the Insured primarily to the Insured s employees as a staff benefit. 2. INDEMNITY TO OTHERS The indemnity granted extends to at the request of the Insured, any party who enters into an agreement with the Insured for any purpose of the business, but only to the extent required by such agreement to grant such indemnity and subject always to Clauses and 12.3; 2.2. officials of the Insured in their business capacity for their liability arising out of the performance of the Business and/or in their private capacity arising out of their temporary engagement of the Insured s employees; 2.3. at the request of the Insured any person or firm for their liability arising out of the performance of a contract to provide labour only services to the Insured; 2.4. the officers, committee and members of the Insured s canteen, social, sports, medical, fire fighting and welfare organizations in their respective capacity as such; 2.5. the personal representatives of the estate of any person indemnified by reason of this Clause 2 in respect of liability incurred by such persons; provided always that all such persons or parties shall observe, fulfil and be subject to the terms, Conditions and 64

2 Exclusion s of this Policy as though they were the Insured 3. CROSS LIABILITIES Each person or party specified as the Insured in the DECLARATION is separately indemnified in respect of claims made against any of them by any other, subject to Insurers total liability not exceeding the stated Indemnity Limits. 4. DEFENCE COSTS The Insurers will pay all costs fees and expenses incurred with their prior consent by the Insured ( Defence Costs ) 4.1. in the investigation, defence or settlement of; 4.2. as a result of representation at any inquest, inquiry or other proceedings in respect of matters which have a direct relevance to; any occurrence which forms or could form the subject of indemnity by this Policy 5. INDEMNITY LIMITS Insurers liability to pay damages (including claimants costs, fees and expenses) shall not exceed the sum stated in the DECLARATION against each Section in respect of any one occurrence or series of occurrences arising from one origination cause, but under Section B and Section C Indemnity Limit represent Insurers total liability in respect of all occurrences Defence Costs will be payable in addition to the Indemnity Limits unless this Policy is endorsed to the contrary. Should liability arising from the same origination cause from the subject of indemnity by more than one Section of this Policy, each Section shall be subject to its own Indemnity Limit, provided always that the total amount of Insurers liability shall not exceed the greatest Indemnity Limit available under any of Sections Providing indemnity. SECTION A PUBLIC LIABILITY 6. SECTION A INDEMNITY The Insured is indemnified by this Section in accordance with the Operative Clause for and/or arising out of Injury and/or Damage occurring during the Period of Insurance but not against liability arising out of 6.1. Pollution; 6.2. or in connection with any Product. 7. SECTION A EXCLUSIONS This section does not cover liability 7.1. arising out of the ownership, possession or use of any motor vehicle or trailer by or on behalf of the Insured, other than claims caused by the use of any tool or plant forming part of or attached to or used in connection with any motor vehicle or trailer; arising beyond the limits of any carriage way or thoroughfare and caused by the loading or unloading of any motor vehicle or trailer; for damage to any bridge, weigh bridge, road or anything beneath caused by the weight of any 65

3 motor vehicle or trailer or the load thereon; arising out of any motor vehicle or trailer temporarily in the Insured s custody or control for the purpose of parking provided always that no indemnity is granted against liability compulsorily insurable by legislation or for which the government or other authority has accepted responsibility; 7.2. arising out of the ownership possession or use by or on behalf of the insured of any aircraft, watercraft or hovercraft (other than watercraft not exceeding five metres in length and then only whilst on inland waterways); 7.3. for and/or arising out of Damage to property owned leased or hired by or under hire purchase or on loan to the Insured or otherwise in the Insured s care, custody or control other than premises (or the contents thereof) temporarily occupied by the Insured for work therein, and/or other property temporarily in the Insured s possession for work thereon (but no indemnity is granted for Damage to that part of the property on which he Insured is working and which arises out of such-work); clothing and personal effects belonging to employees and visitors of the Insured; premises tenanted by the Insured to the extent that the Insured would be held liable in the absence of any specific agreement. SECTION B POLLUTION LIABILITY 8. SECTION B INDEMNITY THE Insured is indemnified by this Section in accordance with the Operative Clause for and/or arising out of Injury and/or Damage occurring during the Period of Insurance and arising out of Pollution, but only to the extent that the Insured can demonstrate that such Pollution 8.1. was the direct result of a sudden, specific an identifiable event occurring during the Period of Insurance; 8.2. was not the direct result of the Insured failing to take reasonable precautions to prevent such Pollution. 9. SECTION B EXCLUSIONS This Section is subject to the Exclusions of Sections A7 and C11. And also does not cover liability for and/or arising out of 9.1. Damage to premises which is presently or was at any time previously tenanted by the Insured; 9.2. Damage to land or water within or below the boundaries of any land or premises which is presently or was at any time previously owned or leased by the Insured or otherwise in the Insured s care, custody or control. SECTION C PRODUCTS LIABILITY 10. SECTION C INDEMNITY The Insured is indemnified by this Section in accordance with the Operative Clause for and/or arising out of Injury and/or Damage occurring during the Period of Insurance but only against liability arising out of or in connection with any Product and not against liability arising out of Pollution. 66

4 11. SECTION C EXCLUSIONS This Section does not cover liability for and/or arising out of Damage to any Product or part thereof; for costs incurred in the repair, reconditioning, modification or replacement of any Product or part thereof and/or any financial loss consequent upon the necessity for such repair, reconditioning, modification or replacement; arising out of the recall of any Product or part thereof; arising out of any Product or part thereof which with the Insured s knowledge is intended to be incorporated into the structure, machinery or controls of any aircraft. 12. GENERAL EXCLUSIONS APPLICABLE TO ALL SECTIONS OF THE POLICY This Policy does not cover liability arising out of the deliberate, conscious or intentional disregard by the Insured s technical or administrative management of the need to take all reasonable steps to prevent Injury or Damage; for and/or arising out of Injury to any person under a contract of employment or apprenticeship with or the provision of labour only services to the Insured where such Injury arises out of the Execution of such contract: arising out of liquidated damages clauses, penalty clauses or performance warranties unless proven that liability would have attached in the absence of such clauses or warranties; directly or indirectly occasioned by, happening through or in consequence of war, invasion, act of foreign enemy, hostilties (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power; directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel; the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; for the Excess as stated in the DECLARATION in respect of the first amount of each claim or series of claims arising out of one origination cause (if any product from one prepared or acquired batch causes Damage to property of or Injury to more than one person, the Damage to property of all persons and all Injury resulting from that batch shall be considered as arising out of one originating cause); which forms the subject of insurance by any other policy and this Policy shall not be drawn into contribution with such other insurance; for awards or damages of a punitive or exemplary nature whether in the form of fines, penalties, multiplication of compensation awards or damages or aggravated damages or in any other form whatsoever. 13. GENERAL CONDITIONS (Conditions 13.1 to 13.4 are precedent to Insurers liability to provide indemnity under this Policy) The Insured shall give written notice to the Insurers as soon as reasonably practicable of any occurrence that may give rise to a claim under this Policy and shall give all such additional information as the Insurers may require. Every claim, writ, summons or process and all documents relating thereto shall be forwarded to the Insurers immediately they are received by the Insured No admission, offer, promise or payment shall be made or given by or on behalf of the Insured without the prior written consent of the Insurers who shall be entitled to take over and conduct in the name of 67

5 the Insured the defense or settlement of any claim or to prosecute in the name of the Insured to their own benefit any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings and the settlement of any claim and the Insured shall give all such information and assistance as the Insurers may reasonable require The Insured shall give notices as soon as reasonably practicable of any fact or event which materially changes the information supplied to Insurers at the time when this Policy was effected and Insurers may amend the terms of this Policy according to the materiality of the change Where the premium is provisionally based on the Insured s estimates, the Insured shall keep accurate records and after expiry of the period of Insurance declare as soon as possible such details as Insurers require. The premium shall then be adjusted and any difference paid by or allowed may apply The Insurers may at any time pay to the Insured in connection with any claim or series of claims under this Policy to which an Indemnity Limit applies the amount of such Limit (after deduction of any sums already paid) or any lesser amount for which such claims can be settled and upon such payment being made thee Insurers shall relinquish the conduct and control of and be under no further liability in connection with such claims except for the payment of Defence Costs incurred prior to the date of such payment (unless the Indemnity Limit is stated to be inclusive of Defence Costs). Provided that if Insurers exercise the above option and the amount required to dispose of any claim or series of claims exceeds the Indemnity Limit and such excess amount is insured either in whole or in part, with Defence Costs payable in addition to the Indemnity Limit under this policy then the Insurers will also contribute their proportion of subsequent Defence Costs incurred with their prior consent Any dispute concerning the interpretation of this Policy and/or DECLARATION will be determined in accordance with the Law of Taiwan The Insured and Insurers submit to the exclusive jurisdiction of any court of competent jurisdiction within Taiwan and agree to comply with all requirements necessary to give such court jurisdiction. All matters arising hereunder shall be determined in accordance with the law and practice of such court Any phrase or work in this Policy will be interpreted in accordance with the law of Taiwan. The Policy and the DECLARATION 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 the DECLARATION shall bear such specific meaning wherever it may appear The Insurers may cancel this Policy by giving sixty days notice in writing of such cancellation to the Insured s last known address If any claim under this Policy is in any respect fraudulent all benefit under the Policy shall be forfeited If an indemnity is or would but for the existence of this insurance be granted by any other insurance. This insurance will not provide indemnity except in respect of any excess beyond the amount which is or would be payable but for the existence of this insurance. 68

6 Chapter II Clauses/Endorsements 1. Additional Location Agreement It is hereby understood and agreed that 1. additional locations may be added to this policy automatically, which is subject to operative clause in the policy. 2. any warehouse/storage/dormitory exposures arising subsequent to the inception date of this policy are automatically covered by this policy without declaration. 2. Advertising, Signs and Decorations Liability Clause It is hereby noted and agreed that this Policy is extended to indemnify all sum 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. 3. Broadform Liability Electronic Data Clause Notwithstanding any provision to the contrary in the Policy or any endorsement thereto, it is understood and agreed as follows: The Policy has the following additional definition: Electronic Data means facts, concepts and information converted to a form useable for communications, display, distribution, interpretation or processing by electronic and electromechanical data processing or electronically controlled equipment and includes programmes, software and other coded instructions for such equipment. Where 'property' or 'Property' are used in the Policy, they do not include Electronic Data. The Policy has the following additional exclusion: Electronic Data - claims arising out of (a) communication, display, distribution or publication of Electronic Data. However, this exclusion does not apply to bodily injury, death, sickness, disease, disability, shock, fright, mental injury, mental anguish or loss of consortium resulting from any of them. (b) (i) total or partial destruction, distortion, erasure, corruption, alteration, misinterpretation or misappropriation of ELECTRONIC DATA, (ii) error in creating, amending, entering, deleting or using ELECTRONIC DATA, or (iii) total or partial inability or failure to receive, send, access or use ELECTRONIC DATA for any time or at all from any cause whatsoever, regardless of any other contributing cause or event whenever it may occur. Any terrorism exclusion in the Policy or any endorsement thereto prevails over this endorsement. 4. 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: the insured shall take all reasonable precautions to prevent such property damage; (1) there is no cover provided for any automobile stolen from the insured s premises or which mysteriously 69

7 disappears from such premises; (2) 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 (3) 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$1,000,000 per automobile and NT$10,000,000 per occurrence and in the aggregate for the period of insurance. A deductible of NT$35,000 per occurrence will apply. 5. Cyber Risk Exclusion Clause This insurance does not apply to "Bodily Injury," "Property Damage," "Personal Injury" or "Advertising Injury" arising directly or indirectly 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 endorsement 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 endorsement. All other terms and conditions of this policy remain unchanged. 6. Electromagnetic Radiation / Electromagnetic Field Exclusion Clause This policy does not apply to: (1) any legal obligation of the Insured to pay damages as a result of any Bodily Injury or Property Damage arising out of, resulting from or caused or contributed to by electromagnetic radiation / electromagnetic field; or (2) The costs of abatement or mitigation of or exposure to such electromagnetic radiation / electromagnetic field referred to in (1) above. This exclusion also applies to: (a) Any legal obligation of the Insured to pay damages in connection with supervision, instructions, recommendations, warnings or advice given or which should have been given in connection with the above; and (b) Any legal obligation of the Insured to share damages with or repay someone else who must pay damages because of such Bodily Injury or Property Damage. 70

8 7. Elevators and Escalators Liability Clause It is agreed and understood that this Policy shall be extended to cover the Insured s liability for claims made against the Insured for accidental bodily injury of and/or accidental property damage to any third party in the normal operational use of the elevators or escalators at the premises specified in the Policy subject to the limits of liability stipulated in this Policy. 8. Excess Motor Liability Clause Notwithstanding anything contained herein to the contrary this Policy extends to cover legal liability of the Insured in respect of injury, illness, disease, or loss or damage arising from the ownership possession or use by or on behalf of the Insured of any mechanically propelled vehicles (including any type of machine on wheels or caterpillar track(s) licensed for road use. The cover hereunder should only be in excess of NTD 5,000,000.- any one occurrence or the coverage afforded by any Motor Insurance Policy whichever is the greater. 9. Food and Drink Poisoning Clause It is hereby understood and agreed that this policy is extended to cover liability in respect of poisoning of any kind arising from food or other goods sold or supplied or to the presence of deleterious matter in such food or other goods supplied by the Insured to any person. Provided always that this policy is issued on the express condition that the company shall not be liable thereunder unless the Insured shall at all times take every possible precaution to prevent the sale or supply of any article or articles of food or other goods which are not in good condition, free from contamination and fit for human consumption. 10. Independent Contractors Liability Clause It is hereby understood and agreed that this policy is extended to cover the property damage or bodily injuries to third parties arising from an accident 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. 11. Inefficacy Clause The indemnity provided by this policy excludes liability arising from the failure of a Product (or any part thereof) to fulfill the purpose for which it was designed or to perform as specified, warranted or guaranteed. 12. Jurisdiction Clause The indemnity provided by this policy shall apply in respect of judgements which from the court of competent jurisdiction stated in the DECLARATION. 71

9 13. Lead Exclusion Clause This insurance does not apply to any claim arising, directly or indirectly, out of the manufacture, sale, handling, distribution, use of or exposure to Lead, or products whose components include Lead. 14. Legal Costs and Other Expenses Clause It is agreed that: The limit of indemnity provided by this policy shall apply in respect of (a) Compensation resulting from judgement rendered by or obtained from a court of competent jurisdiction in the territory stated in the DECLARATION, (b) Charges, expenses and legal costs incurred in the territory stated in the DECLARATION, (c) the lawyers and adjusters expenses admitted by us in advance. (d) Or other claim handling expense. Any payment of claim amount including above expenses and costs shall be inclusive within limit of indemnity stated in this policy and subject to applicable deductible stated in this policy. 15. Medical Payment Clause Insuring Agreement: We will pay medical expenses as described below for bodily injury caused by an accident: (1) On premises you own or rent, (2) On ways next to premises you own or rent; or (3) Because of your operations; Provided that: (a) The accident takes place in the coverage territory and during the policy period; (b) The expense are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable Sub-limit stated as below of insurance. We will pay reasonable expenses for : First aid at the time of an accident; Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and Necessary ambulance, hospital, professional nursing and funeral services. Sub-limit : NTD 50,000.- per person / NTD 1,000,000.- policy aggregate 16. Passenger Car-Transfer Clause The Insurer agrees to cover passenger s bodily or death and/or property damage at the Insured s premises during car-transfer between contacted parking lot and Insured s premises arranged/picked up by the insured. 72

10 17. Professional Liability Exclusion Clause This insurance does not apply to bodily injury, property damage, personal injury, or advertising injury arising out of the rendering of or failure to render any professional services by your or on your behalf. 18. Punitive Damage Exclusion Clause It is agreed that this insurance shall not apply to fines, penalties, punitive damages, exemplary damages, treble damages, or any other damages resulting from the multiplication of compensatory damages. 19. Pure Financial Losses Exclusion Insurance coverage will not extend to claims for financial losses that do not result from any insured case or personal or property damage. 20. Safe Deposit Box / Locker Clause The insurer will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damage to or loss of guest s private belonging kept in the safe deposit box / locker at the insured premises within the Sub-limit stated below. Sub-limit : NTD 50,000.- per person / NTD 1,000,000.- policy aggregate 21. Sudden and Accidental Pollution Damage Clause Notwithstanding anything contained in this policy to the country, it is hereby noted and agreed that this policy is extended to indemnify the Insured for such amounts as the Insured shall have become legally liable to pay and shall pay in consequence of the sudden and accidental discharge, emission, spillage or leakage of pollutants by whomever caused, including, but not limited to, into or upon the land, the atmosphere or any watercourse or body of water, including underground water or water table supplies. Provided always that the insured establishes that the discharge, emissions, spillage or leakage giving rise to liability hereunder meets all of the following conditions: (a) it was sudden and was unintended and unexpected by the Insured; (b) it first commenced at a specific time and date during the Period of Insurance; (c) it became known to the Insured within seventy two(72) hours of its commencement; and (d) it was reported in accordance with the notice requirement of this Policy within ninety (90)days after having become known to the Insured. Pollutants, as used in this endorsement, means any solid, liquid, gaseous or thermal irritant or contaminant, including, but not limited to smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned, or reclaimed. But under no circumstance shall this insurance cover any fines, penalties, punitive or exemplary damages howsoever described or the cost of removing, nullifying or cleaning-up pollutions. 73

11 Pollution arising out of the manufacturing, handling, usage or disposal of asbestos, silicon, dioxin, formaldehyde and chloride hydrocarbons will remain excluded. Subject otherwise to the Terms, Conditions and Exceptions of the Policy. 2. Exclusions: We will not pay expenses for bodily injure a. To any insured b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises your own or rent that the person normally occupies. d. To a person, whether or not an employee of any insured, if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. To a person, injured while taking part in athletics. f. Included within the products-completed operations hazard. g. Due to war, whether or not declared, or any act or condition incident to war, War includes civil war, insurrection, rebellion or revolution. 22. Tenant s Liability Clause It is hereby declared and agreed that this policy is extended to cover the legal liability of the Tenant 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 said premises or any fittings, fixtures or wiring therein for the repair of which the Tenant is responsible or through or in any way owing to the spread of fire or smoke or the overflow of water from the said premises or any part thereof or through the act, default or neglect of the Tenant, his servants, agents or licensees. 23. Total Asbestos Exclusion Clause It is hereby understood and agreed that this contract shall not apply to and does not cover any actual or alleged liability whatsoever for any claim or claims in respect of loss or losses directly or in directly arising out of, resulting from or in consequence of asbestos in whatever form or quantity. 24. War and Terrorism Exclusion Clause Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes 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 Memorandum 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 Memorandum 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. 74

12 If the Company alleges 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 shall be upon the insured. In the event any portion of this Memorandum is found to be invalid or unenforceable, the remainder shall remain in full force and effect. Subject otherwise to the terms exceptions and conditions of the Policy. 75