4-1 & 4-2 水險 · 2013-06-28 · 商品名稱：tokio marine newa insurance warranty for...

1

4-1 & 4-2 水險

商品名稱：新安東京海上產物海運承攬運送人責任保險 .......................................12

商品名稱：FREIGHT FORWARDER’S LIABILITY INSURANCE ...............14

商品名稱：新安東京海上產物遊艇意外責任保險...................................................19

商品名稱：新安東京海上產物娛樂漁業漁船意外責任保險 ...................................19

商品名稱：新安東京海上產物漁業漁船船員雇主意外責任保險 ...........................20

商品名稱：新安東京海上產物陸上貨物運送保險 ...................................................20

商品名稱：新安東京海上產物陸上貨物運送保險乙式附加條款...........................22

商品名稱：新安東京海上產物陸上貨物運送保險地震附加條款...........................22

商品名稱：新安東京海上產物陸上貨物運送保險竊盜附加條款(適用於運輸途

中) ............................................................................................................22

商品名稱：新安東京海上產物陸上貨物運送保險竊盜附加條款(適用於暫存期

間) ............................................................................................................23

商品名稱：INSTITUTE CARGO CLAUSES (A) ....................................................23

商品名稱：TOKIO MARINE NEWA INSURANCE INSTITUTE CARGO CLAUSES (B) .........................................................................................24

商品名稱：INSTITUTE CARGO CLAUSES (C) ....................................................26

商品名稱：INSTITUTE CARGO CLAUSES (AIR) (EXCLUDING SENDINGS BY POST) ................................................................................................28

商品名稱： INSTITUTE CARGO CLAUSE (A) 1/1/2009 ....................................29

商品名稱：INSTITUTE CARGO CLAUSE (B) 1/1/2009 ......................................31

商品名稱： INSTITUTE CARGO CLAUSE (C) 1/1/2009 ....................................33

商品名稱：INSTITUTE CARGO CLAUSE (AIR) (EXCLUDING SENDINGS BY POST) 1/1/2009 .......................................................................................35

商品名稱：50/50 CLAUSE .........................................................................................36

商品名稱：ACCUMULATION CLAUSE – A VERSION WORDING .....................37

商品名稱：ACCUMULATION CLAUSE– B VERSION WORDING ......................37

商品名稱：ACCUMULATION CLAUSE– C VERSION WORDING ......................38

商品名稱：ADJUSTED CLAIM CLAUSE-XX DAYS ..............................................38

商品名稱：AIRFREIGHT REPLACEMENT CLAUSE ............................................38

商品名稱：BRANDS OR TRADEMARKS CLAUSE ...............................................39

商品名稱：BUYER’S INTEREST CLAUSE ..............................................................39

2

商品名稱：BUYER’S SELLER’S CONTINGENCY CLAUSE .................................40

商品名稱：CARE, CUSTODY AND CONTROL CLAUSE .....................................41

商品名稱：CARGO ISM ENDORSEMENT ..............................................................41

商品名稱：CUTTING CLAUSE ................................................................................42

商品名稱：DEFERRED UNPACKING CLAUSE ......................................................42

商品名稱：DUTY CLAUSE .......................................................................................43

商品名稱：EXCLUDING RUST, OXIDIZATION, DISCOLORATION AND WATER DAMAGE RISK CLAUSE .......................................................43

商品名稱：EXHIBITION CLAUSE ...........................................................................44

商品名稱：EXTENDED TO COVER INSTALLATION RISKS CLAUSE ..............45

商品名稱：F.O.B. ENDORSEMENT ..........................................................................45

商品名稱：FRESH WATER CLAUSE .......................................................................46

商品名稱：FROZEN MEAT CLAUSES (A) – 24 HOURS BREAKDOWN(NOT SUITABLE FOR CHILLED, COOLED OR FRESH MEAT) ................46

商品名稱：HIGHWAY TRANSPORTATION CLAUSE ............................................49

商品名稱：HIGHWAY TRANSPORTATION CLAUSE (ALL RISKS) ....................49

商品名稱：IMPORTANT CLAUSE ...........................................................................50

商品名稱：INSTITUTE FROZEN FOOD CLAUSES(C)(EXCLUDING FROZEN MEAT) .....................................................................................51

商品名稱：INSTITUTE CARGO CLAUSE (ALL RISKS) .......................................53

商品名稱：INSTITUTE CARGO CLAUSE (F.P.A.) .................................................56

商品名稱：INSTITUTE CARGO CLAUSE (W.A.)...................................................59

商品名稱：INSTITUTE CLASSIFICATION CLAUSE.............................................63

商品名稱：INSTITUTE DANGEROUS DRUG CLAUSE........................................64

商品名稱：INSTITUTE FOSFA TRADES CLAUSES ( C )......................................65

商品名稱：INSTITUTE FROZEN FOOD CLAUSES (A)(EXCLUDING FROZEN MEAT) .....................................................................................................65

商品名稱：INSTITUTE FROZEN MEAT CLAUSES (C)– 24 HOURS BREAKDOWN........................................................................................67

商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE ..................................................................................................70

商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND ELECTROMAGNETIC

3

WEAPONS EXCLUSION CLAUSE ......................................................70

商品名稱：INSTITUTE STRIKES CLAUSES (AIR CARGO) ................................71

商品名稱：INSTITUTE STRIKES CLAUSES (CARGO) ........................................72

商品名稱：INSTITUTE STRIKES CLSUSES (FOSFA TRADES) ...........................73

商品名稱：INSTITUTE THEFT, PILFERAGE AND NON-DELIVERY CLAUSE ..74

商品名稱：INSTITUTE WAR CANCELLATION CLAUSE (CARGO) ...................74

商品名稱：INSTITUTE WAR CLSUSES (FOSFA TRADES ) .................................74

商品名稱：INSTITUTE WAR CLAUSES (AIR CARGO) (EXCLUDING SENDINGS BY POST) ...........................................................................75

商品名稱：INSTITUTE WAR CLAUSES (CARGO) ................................................75

商品名稱：INSTITUTE WAR CLAUSES(SENDINGS BY POST) ..........................77

商品名稱：JETTY CLAUSE ......................................................................................77

商品名稱：LABEL CLAUSE .....................................................................................78

商品名稱：LIVESTOCK & POULTRY INSURANCE CLAUSE .............................78

商品名稱：MALICIOUS DAMAGE CLAUSE ..........................................................78

商品名稱：ON DECK SHIPMENT CLAUSE ............................................................79

商品名稱：OPEN-YARD STORAGE CLAUSE ........................................................79

商品名稱：PAIR & SET CLAUSE .............................................................................79

商品名稱：PARCEL POST INSURANCE -ALL RISKS ...........................................80

商品名稱：POSSESSION AND CONTROL CLAUSE .............................................81

商品名稱：RETURNED SHIPMENT CLAUSE ........................................................81

商品名稱：SELLERS INTEREST CONTINGENCY CLAUSE .................................81

商品名稱：SMALL CLAIMS CLAUSE ....................................................................82

商品名稱：SPECIAL CLAUSE FOR CHEMICAL IN BULK (IOP) ........................82

商品名稱：SPECIAL CLAUSE FOR CHEMICAL IN BULK(EXCESS) .................83

商品名稱：SPECIAL CLAUSE FOR COMPUTER SOFTWARE ............................85

商品名稱：SPECIAL CLAUSE FOR FISHING PRODUCTS ..................................85

商品名稱：SPECIAL CLAUSES (C) FOR AIR CARGO ..........................................85

商品名稱：SPECIAL WARRANTY FOR STEEL CARGO IN BULK .......................87

商品名稱：SPECIAL WARRANTY FOR STEEL PRODUCTS (B) .........................88

商品名稱：SUBROGATION CLAUSE ......................................................................88

4

商品名稱：SURVEY WARRANTY CLAUSE ...........................................................89

商品名稱：WAIVE SUBROGATION RIGHTS CLAUSE ........................................89

商品名稱：WAREHOUSE TO WAREHOUSE CLAUSE..........................................90

商品名稱：INSTITUTE REPLACEMENT CLAUSE (APPLYING TO MACHINERY) ........................................................................................90

商品名稱：DEBRIS REMOVAL CLAUSE– A VERSION WORDING ....................91

商品名稱：DEBRIS REMOVAL CLAUSE– B VERSION WORDING ....................91

商品名稱：DEBRIS REMOVAL CLAUSE– C VERSION WORDING ....................92

商品名稱：OTHER INSURANCE .............................................................................92

商品名稱：LETTER OF CREDIT CLAUSE ..............................................................92

商品名稱：INSTITUTE COAL CLAUSES ................................................................93

商品名稱：INSTITUTE BULK OIL CLAUSES 1/2/83 .............................................94

商品名稱：INSTITUTE BULK OIL CLAUSES 1/2/83(DELETE 1.2.3 & 1.2.4) .....96

商品名稱： CANCELLATION CLAUSE..................................................................97

商品名稱：SANCTION LIMITATION AND EXCLUSION CLAUSE .....................98

商品名稱：TOKIO MARINE NEWA INSURANCE WARRANTY FOR REFRIGERATED CARGO .....................................................................98

商品名稱：TOKIO MARINE NEWA INSURANCE OTHER INSURANCE CLAUSE (1) ............................................................................................99

商品名稱：TOKIO MARINE NEWA INSURANCE TRUCK RISK CLAUSE ........99

商品名稱：新安東京海上產物貨物運送人責任保險...............................................99

商品名稱：新安東京海上產物貨物運送人責任保險平板拖車附加條款(甲式) ..100

商品名稱：新安東京海上產物貨物運送人責任保險平板拖車附加條款(乙式) ..100

商品名稱：新安東京海上產物貨物運送人責任保險冷凍/冷藏附加條款 ...........101

商品名稱：新安東京海上產物貨物運送人責任保險汽車專用拖車附加條款(乙式) ..........................................................................................................101

商品名稱：新安東京海上產物貨物運送人責任保險非貨櫃車附加條款(甲式) ..101

商品名稱：新安東京海上產物貨物運送人責任保險非貨櫃車附加條款(乙式) ..102

商品名稱：新安東京海上產物貨物運送人責任保險貨櫃車附加條款(甲式) ......102

商品名稱：新安東京海上產物貨物運送人責任保險貨櫃車附加條款(乙式) ......102

商品名稱：新安東京海上產物船舶保險.................................................................103

商品名稱：INSTITUTE TIME CLAUSES – HULLS TOTAL LOSS ONLY (INCLUDING SALVAGE, SALVAGE CHARGES AND SUE AND

5

LABOUR) ..............................................................................................109

1 NAVIGATION 109

2 CONTINUATION.............................................................................................................109

3 BREACH OF WARRANTY ............................................................................................. 110

4 TERMINATION ............................................................................................................... 110

5 ASSIGNMENT 110

6 PERILS 110

商品名稱：INTERNATIONAL GAS SAFETY WARRANTY (APRIL, 1980) ....... 114

商品名稱：LOSS OF CHARTER HIRE INSURANCE INCLUDING WAR(ABS 1/10/83 WORDING) .............................................................................. 114

商品名稱：BERING SEA TRANSIT CLAUSE ..................................................... 117

商品名稱：ELECTRONIC DATE RECOGNITION ENDORSEMENT FOR MARINE HULL 11/08/98 ..................................................................... 118

商品名稱：INSTITUTE NOTICE OF CANCELLATION, AUTOMATIC TERMINATION OF COVER AND WAR AND NUCLEAR EXCLUSIONS CLAUSE – HULLS, ETC. ...........................................120

商品名稱：MARINE TERMINAL OPERATOR’S LIABILITY INSURANCE STEVEDORES LEGAL LIABILITY/PREMISES LIABILITY ..........121

商品名稱：PILOT NON-LIABILITY CLAUSE ......................................................128

商品名稱：AFFILIATED COMPANIES CLAUSE..................................................129

商品名稱：BLOCKING AND TRAPPING CLAUSE (HULL) ...............................129

商品名稱：BLOCKING AND TRAPPING CLAUSE (WAR) .................................130

商品名稱：CLAIM CONTROL CLAUSE ...............................................................130

商品名稱：CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE ........................................................................131

商品名稱：DEFERRED PREMIUMS CLAUSE .....................................................131

商品名稱：GENERAL AVERAGE ABSORPTION CLAUSE ................................132

商品名稱：INSTITUTE ADDITIONAL PERILS CLAUSES － HULL ...............133

商品名稱：INSTITUTE CLAUSES FOR BUILDERS’ RISKS ...............................134

商品名稱：INSTITUTE MORTGAGEES INTEREST CLAUSES – HULLS ........145

商品名稱：INSTITUTE PROTECTION AND INDEMNITY WAR AND STRIKES CLAUSES HULL － TIME ................................................................149

商品名稱：INSTITUTE TIME CLAUSES – HULLS DISBURSEMENTS AND

6

INCREASED VALUE ...........................................................................150

商品名稱：INSTITUTE TIME CLAUSES HULLS .................................................154

商品名稱：INSTITUTE TIME CLAUSES HULLS ..................................................164

商品名稱：INSTITUTE TIME CLAUSES HULLS PORT RISKS INCLUDING LIMITED NAVIGATION ......................................................................176

商品名稱：INSTITUTE TIME CLAUSES-HULLS TOTAL LOSS, GA AND 3/4 RDC. (INCLUDING SALVAGE,S/C,S/L) 1/10/83 ...............................188

商品名稱：INSTITUTE WAR AND STRIKES CLAUSES-HULL － TIME .......188

商品名稱：INSTITUTE WARRANTIES .................................................................190

商品名稱：LEASED EQUIPMENT CLAUSE .........................................................191

商品名稱：LONDON BLOCKING AND TRAPPING ADDENDUM (FOR USE WITH THE INSTITUTE WAR AND STRIKES CLAUSES – HULLS 1/10/83) ..................................................................................................191

商品名稱：LOSS PAYABLE CLAUSE .....................................................................192

商品名稱：MISSING VESSEL CLAUSE ................................................................192

商品名稱：NAVIGATION LIMITATIONS FOR HULL WAR, STRIKES, TERRORISM AND RELATED PERILS ENDORSEMENT (JW2005/001A)......................................................................................193

商品名稱：PART(S) REMOVED CLAUSE .............................................................194

商品名稱：RADIO AND AIDS TO NAVIGATION CLAUSE ................................194

商品名稱：SMALL G.A. CLAUSE ..........................................................................194

商品名稱：新安東京海上產物漁船船舶保險 .........................................................195

商品名稱：新安東京海上產物商業動產流動綜合保險.........................................196

商品名稱：新安東京海上產物商業動產流動綜合保險在被保險人照顧、監管及

控制下之財產附加條款........................................................................197

商品名稱：新安東京海上產物商業動產流動綜合保險竊盜附加條款(適用於儲

存期間) ..................................................................................................198

商品名稱：新安東京海上產物商業動產流動綜合保險竊盜附加條款(適用於運

輸途中) ..................................................................................................198

商品名稱：新安東京海上產物商業動產流動綜合保險竊盜附加條款.................199

商品名稱：新安東京海上產物商業動產流動綜合保險保險費延緩交付附加條款

................................................................................................................199

商品名稱：新安東京海上產物商業動產流動綜合保險殘餘物清除附加條款.....199

商品名稱：新安東京海上產物商業動產流動綜合保險地震附加條款（甲式）.200

7

商品名稱：新安東京海上產物商業動產流動綜合保險消防費用附加條款.........200

商品名稱：新安東京海上產物商業動產流動綜合保險電氣設備附加條款.........200

商品名稱:新安東京海上產物商業動產流動綜合保險錯誤遺漏附加條款 ...........200

商品名稱: 新安東京海上產物商業動產流動綜合保險爆炸附加條款 .................201

商品名稱: 新安東京海上產物商業動產流動綜合保險地震附加條款（乙式） .201

商品名稱: 新安東京海上產物商業動產流動綜合保險額外費用附加條款 .........201

商品名稱: 新安東京海上產物商業動產流動綜合保險實損實賠附加條款 .........202

商品名稱: 新安東京海上產物商業動產流動綜合保險冷藏貨物除外不保附加

條款........................................................................................................202

商品名稱: 新安東京海上產物商業動產流動綜合保險陸上貨物運送附加條款

(甲式) .....................................................................................................202

商品名稱: 新安東京海上產物商業動產流動綜合保險陸上貨物運送附加條款

（乙式）................................................................................................203

商品名稱: 新安東京海上產物商業動產流動綜合保險裝卸安全附加條款 .........203

商品名稱: 新安東京海上產物商業動產流動綜合保險預付賠款附加條款 .........203

商品名稱: 新安東京海上產物商業動產流動綜合保險專業費用附加條款 .........203

商品名稱: 新安東京海上產物商業動產流動綜合保險專業費用附加條款 .........204

商品名稱：新安東京海上產物商業動產流動綜合保險自動消防裝置滲漏附加條

款............................................................................................................204

商品名稱：新安東京海上產物商業動產流動綜合保險煙燻附加條款.................204

商品名稱：新安東京海上產物商業動產流動綜合保險罷工、暴動、民眾騷擾及

惡意破壞行為附加條款........................................................................205

商品名稱：新安東京海上產物商業動產流動綜合保險保全附加條款.................205

商品名稱：新安東京海上產物商業動產流動綜合保險颱風及洪水附加條款.....205

商品名稱：新安東京海上產物商業動產流動綜合保險車輛裝載物附加條款.....206

商品名稱：新安東京海上產物商業動產流動綜合保險水漬附加條款.................206

商品名稱：新安東京海上產物商業動產流動綜合保險恐怖主義除外不保附加條

款(A) ......................................................................................................206

商品名稱：新安東京海上產物商業動產流動綜合保險 72 小時附加條款(天災適

用) ..........................................................................................................207

商品名稱：新安東京海上產物商業動產流動綜合保險拋棄代位求償權附加條款

................................................................................................................207

商品名稱：新安東京海上產物商業動產流動綜合保險保險費預收附加條款.....207

8

商品名稱：新安東京海上產物商業動產流動綜合保險特別承保附加條款

（TMNEWA INSURANCE SPECIAL INCLUSION） .......................208

商品名稱：新安東京海上產物商業動產流動綜合保險特別除外不保附加條款

(TMNEWA INSURANCE SPECIAL EXCLUSION) ...........................208

商品名稱：新安東京海上產物商業動產流動綜合保險理賠推定全損特別約定附

加條款....................................................................................................208

商品名稱：新安東京海上產物商業動產流動綜合保險貨物內陸運輸附加條款.208

商品名稱：新安東京海上產物商業動產流動綜合保險殘餘物清除附加條款(A式)(DEBRIS REMOVAL CLAUSE) .....................................................209

商品名稱：新安東京海上產物商業動產流動綜合保險罷工、暴動、民眾騷擾、

惡意破壞行為附加條款(A 式) .............................................................209

商品名稱：新安東京海上產物商業動產流動綜合保險竊盜附加條款(A 式) ......209

商品名稱：新安東京海上產物商業動產流動綜合保險電腦系統年序轉換除外不

保附加條款(A 式) .................................................................................210

商品名稱：新安東京海上產物商業動產流動綜合保險電腦病毒駭客風險除外不

保附加條款(A 式) .................................................................................210

商品名稱：新安東京海上產物船體險修繕人責任保險 .........................................210

商品名稱：新安東京海上產物電腦系統年序轉換除外不保附加條款.................212

商品名稱：新安東京海上產物恐怖主義除外不保附加條款.................................212

商品名稱：新安東京海上產物電腦駭客病毒風險除外不保附加條款.................213

商品名稱：TOKIO MARINE NEWA INSURANCE COMPUTER MILLENNIUM CLAUSE (CARGO) WITH NAMED PERIL EXTENSION(新安東京

海上產物貨物運輸保險電腦系統年序轉換除外不保附加條款) ......213

商品名稱：TOKIO MARINE NEWA INSURANCE INSTITUTE CYBER ATTACK EXCLUSION CLAUSE(新安東京海上產物電腦駭客病毒

風險除外不保附加條款) ......................................................................214

商品名稱：TOKIO MARINE NEWA INSURANCE TERRORISM EXCLUSION CLAUSE (CARGO)(新安東京海上產物貨物運輸保險恐怖主義除

外不保附加條款) ..................................................................................215

商品名稱：新安東京海上產物共保附加條款.........................................................215

商品名稱：CO-INSURANCE CLAUSE ..................................................................216

商品名稱：ERRORS AND OMISSIONS CLAUSES (LSW 321) ...........................217

商品名稱：CLAIMS CONTROL CLAUSE (CARGO) ...........................................217

商品名稱：CONSOLIDATION AND PACKAGING CLAUSE ..............................218

9

商品名稱：CONTROL OF DAMAGED MERCHANDISE CLAUSE ....................218

商品名稱：D.I.C., INCREASED VALUE, CONTINGENCY CLAUSE .................219

商品名稱：DELAY IN OPENING CLAUSE ...........................................................220

商品名稱：DUTY & COLLECT FREIGHT CLAUSE ............................................220

商品名稱：EXTRA EXPENSE CLAUSE ................................................................221

6 商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE (CONRAD) ...........................................................................221

商品名稱：INSTITUTE STRIKES RIOTS AND CIVIL COMMOTIONS CLAUSES ..............................................................................................222

商品名稱：INSTITUTE WAR CLAUSES (CARGO) 11/3/80 .................................224

商品名稱：INTERMEDIARY CLAUSE ..................................................................226

商品名稱：LOADING SURVEY CLAUSE .............................................................226

商品名稱：LOCATION CLAUSE ............................................................................227

商品名稱：POLITICAL RISKS CLAUSE ...............................................................228

商品名稱：PROFIT COMMISSION ENDORSEMENT .........................................229

商品名稱：RETURNED OR REFUSED SHIPMENTS CLAUSE ..........................230

商品名稱：SECONDHAND MACHINERY REPLACEMENT CLAUSE..............230

商品名稱：SIMULTANEOUS PAYMENT CLAUSE ..............................................230

商品名稱：STORAGE RISK CLAUSE, DURATION OF COVER ........................231

商品名稱：TERMINATION OF TRANSIT CLAUSE (TERRORISM) ..................232

商品名稱：UNDERWRITING CONTROL CLAUSE .............................................233

商品名稱：UNEXPLAINED SHORTAGE CLAUSE ..............................................233

商品名稱：USA ENDORSEMENT USEN 91 ..........................................................233

商品名稱：新安東京海上產物貨物運輸保險內陸運輸（A）附加條款 ..............234

INLAND CARGO TRANSIT CLAUSES（A） ...................................................................234

商品名稱：新安東京海上產物貨物運輸保險內陸運輸（C）附加條款 ..............235

INLAND CARGO TRANSIT CLAUSE (C)..........................................................................235

商品名稱：新安東京海上產物貨物運輸保險鋼材特約(A1)附加條款 .................236

SPECIAL WARRANTY FOR STEEL PRODUCTS (A1) .....................................................236

商品名稱：新安東京海上產物貨物運輸保險鋼材特約(A2)附加條款 .................237

SPECIAL WARRANTY FOR STEEL PRODUCTS (A2) .....................................................237

商品名稱：新安東京海上產物貨物運輸保險鋼材特約(A)附加條款 ...................238

10

SPECIAL WARRANTY FOR STEEL PRODUCTS (A) .......................................................238

商品名稱：72 HOURS CLAUSE (EARTHQUAKE AND FLOOD) .......................239

商品名稱：ACCUMULATION CLAUSE (LOCATIONS) ......................................239

商品名稱：BRAND PROTECTION CLAUSE ........................................................240

商品名稱： CONCEALED DAMAGE CLAUSE ...................................................240

商品名稱：DEBRIS REMOVAL CLAUSE ..............................................................241

商品名稱：INSTITUTE STRIKES CLAUSE ( AIR CARGO) 1/1/2009 .................241

商品名稱：INSTITUTE STRIKES CLAUSE (CARGO) 1/1/2009 .........................243

商品名稱：INSTITUTE WAR CLAUSE (AIR CARGO)(EXCLUDING SENDING................................................................................................................244

BY POST)1/1/2009 244

商品名稱：INSTITUTE WAR CLAUSE (CARGO)1/1/2009 ..................................245

商品名稱：LOCATION CLAUSE (WITHOUT LIMITATION PERIODS) ............246

商品名稱：PROCESS CLAUSE (LOCATIONS) .....................................................247

商品名稱：SPECIAL CLAUSE FOR CONCEALED DAMAGE OR MYSTERIOUS ......................................................................................247

LOSS 247

商品名稱：SPECIAL CLAUSE FOR CONTAINERIZED CARGO .......................248

商品名稱：SPECIAL CLAUSE FOR FORWARDING CHARGE ..........................248

商品名稱： SPECIAL CLAUSE FOR INSPECTION .............................................249

商品名稱：SPECIAL CLAUSE FOR SETTLEMENT OF CLAIM ........................249

商品名稱：SPECIAL REPLACEMENT CLAUSE (AIR FREIGHT) .....................250

商品名稱：SPECIAL REPLACEMENT CLAUSE (DUTY) ...................................251

商品名稱：TERMINATION OF TRANSIT CLAUSE (TERRORISM) 2009 .........251

商品名稱：U.S. ECONOMIC AND TRADE SANCTIONS CLAUSE ...................252

商品名稱：WAR AND STRIKES CANCELLATION CLAUSE (CARGO) ...........252

商品名稱：CLAUSE PARAMOUNT CLAUSE.......................................................253

商品名稱：INFIDELITY CLAUSES ........................................................................253

商品名稱：LOADING AND UNLOADING CLAUSE ...........................................253

商品名稱：MACHINERY CLAUSE ........................................................................254

商品名稱：MECHANICAL AND/OR ELECTRICAL DERANGEMENT CLAUSE................................................................................................................254

11

商品名稱：MYSTERIOUS DISAPPEARANCE CLAUSE .....................................255

商品名稱：MYSTERIOUS LOSS COVER CLAUSE .............................................255

商品名稱：OPEN TOP/FLAT CONTAINER CLAUSE ...........................................256

商品名稱：TOKIO MARINE NEWA INSURANCE INSTITUTE TIME CLAUSES – HULLS (1/10/83) AMENDED FOR JAPANESE CLAUSES CLASS NO.6 (4/2010) ........................................................256

商品名稱：TOKIO MARINE NEWA INSURANCE INSTITUTE ADDITIONAL PERILS CLAUSES - HULLS AMENDED (4/2010) (FOR USE ONLY WITH THE INSTITUTE TIME CLAUSES - HULLS 1/10/83 AMENDED FOR JAPANESE CLAUSES CLASS NO.6) ...................267

商品名稱：TOKIO MARINE NEWA INSURANCE ASSURED CLAUSE ............268

商品名稱：TOKIO MARINE NEWA INSURANCE SCRAP VOYAGE CLAUSES................................................................................................................269

商品名稱：TOKIO MARINE NEWA INSURANCE TERMINATION CLAUSE ..270

商品名稱：TOKIO MARINE NEWA INSURANCE FIRE AND POLLUTION HAZARD CLAUSES (A)......................................................................270

商品名稱：TOKIO MARINE NEWA INSURANCE REPAIR CLAUSES..............272

商品名稱：TOKIO MARINE NEWA INSURANCE DISBURSEMENTS WARRANTY CLAUSE (A) ..................................................................273

商品名稱：TOKIO MARINE NEWA INSURANCE LAID UP RETURN CLAUSES (HULLS) .............................................................................273

商品名稱：TOKIO MARINE NEWA INSURANCE RIGHTS AND DUTIES ON THE VESSEL CLAUSES .....................................................................274

商品名稱：TOKIO MARINE NEWA INSURANCE RIGHT OF CLAIM FOR COMPENSATION AGAINST A THIRD PARTY CLAUSE ................276

商品名稱：TOKIO MARINE NEWA INSURANCE ELECTRONIC DATE RECOGNITION SPECIAL CLAUSE...................................................276

商品名稱：TOKIO MARINE NEWA INSURANCE CONSUMPTION TAX CLAUSE ................................................................................................278

商品名稱：TOKIO MARINE NEWA INSURANCE LIEN CLAUSES ..................279

商品名稱：TOKIO MARINE NEWA INSURANCE DUTY OF ASSURED AND RIGHTS OF INSURER CLAUSES ......................................................280

商品名稱：TOKIO MARINE NEWA INSURANCE MINIMUM PREMIUM CLAUSES ..............................................................................................281

商品名稱：TOKIO MARINE NEWA INSURANCE BOTTOM TREATMENT

12

CLAUSE ................................................................................................282

商品名稱：TOKIO MARINE NEWA INSURANCE BERING SEA TRANSIT CLAUSES (FOR I.T.C. AMENDED) ...................................................282

商品名稱：TOKIO MARINE NEWA INSURANCE PREMIUM CLAUSES .........283

商品名稱：TOKIO MARINE NEWA INSURANCE EXCESS COLLISION LIABILITY CLAUSE (A) .....................................................................285

商品名稱：TOKIO MARINE NEWA INSURANCE SMALL GENERAL AVERAGE CLAUSES ..........................................................................286

商品名稱：TOKIO MARINE NEWA INSURANCE DEDUCTIBLE CLAUSES (G)................................................................................................................286

商品名稱：TOKIO MARINE NEWA INSURANCE LAW AND JURISDICTION CLAUSES ..............................................................................................287

商品名稱：TOKIO MARINE NEWA INSURANCE IRANIAN OIL EXCLUSION CLAUSE ................................................................................................288

商品名稱：TOKIO MARINE NEWA INSURANCE MARINE GENERAL LIABILITY CLAUSE ...........................................................................288

商品名稱：TOKIO MARINE NEWA INSURANCE MISC PROPERTY AND INLAND MARINE INSURANCE CLAUSE .......................................302

商品名稱：TOKIO MARINE NEWA INSURANCE SANCTION CLAUSE .........305

商品名稱：新安東京海上產物海運承攬運送人責任保險核准日期及文號 76 年 3 月 10 日台財融第 7602413 號函核准 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正承保範圍本保險單對於被保險人在保險有效期間內，經營海運承攬運送人業務過程中，對託運貨物之接受、保管、運送人之選定，在目的地之交付及其他與運送有關事項，有未盡其注意義務情事，致被保險人依法應負賠償責任而在保險期間內受賠償請求時，本公司對被保險人應負之賠償責任包括：（一）對貨物之賠償責任：

1.因貨物之實質毀損或滅失所致之賠償責任。 2.因被保險人或其受僱人執業上之疏忽導致錯誤或遺漏(包括誤運、誤交)所致之賠償責任，但以損失在保險期間內發現者為限。

3.因貨物由於偶發事故導致延遲裝載、運送或交付所致之賠償責任。（二）對費用之賠償責任：

1.為處理貨物因誤運、誤交、指示或安排錯誤所生之費用。 2.為保障被保險人權益、俾向第三人行使追償權所必需之費用。 3.遇有共同海損或救助費用分擔，被保險人應負擔而無法向託運人收回之

13

部份，但以被保險人違反承攬運送契約者為限。（三）對附帶損失之賠償責任：

發生承保範圍第一條第一項第一、二款情事所引起之附帶損失之賠償責任。不保事項（一）適用於一般性者：

1.被保險人或其受僱人之惡意或重大過失行為所致之賠償責任。 2.被保險人或其受僱人之詐欺、背信侵佔或其他犯罪行為所致之賠償責

任。 3.被保險人或其受僱人或與被保險人有服務契約關係之人，因執行業務而致身體受有傷害疾病或致死亡或其對財物受有遺失所致之賠償責任。

4.因被保險人之侵權行為所致第三人體傷、疾病或死亡或第三人財物受有實質損失之賠償責任。

5.被保險人所有、管理、控制或租用之任何財產之損失。 6.被保險人所屬船舶或航空器或運輸工具或與之相關之管理、航行與運作等事項而生之危險。

7.被保險人未立即履行或為不完全之履行其債務所負之賠償責任及其因而引起之損失。

8.直接或間接因下列原因所致之賠償責任：（1）戰爭、類似戰爭行為、外亂行為(不論宣戰與否)、叛亂、內亂、

強力霸佔或被徵用（2）罷工、暴動、民眾騷擾。

9.因被保險人之破產所造成之損失。 10.核子反應、核子輻射或放射性污染直接、間接所致之賠償責任。

（二）適用於貨物之賠償責任者： 1.被保險人於運送契約中，對於貨物之毀損、滅失及其遲延所負之賠償責任，若係因託運所申報之價值或特別之指示而增加時，其增加部份。

2.被保險人對於下列貴重物品之賠償責任：（1）金銀條(塊) (2)寶石 (3)紙幣或錢幣 (4)債券或其他可轉換之

有價證券但被保險人因善意而不知其所收受之託運貨物，係屬於下列物品，且其貨物之價值(包括關稅)未超過美金 50,000 元(或其他等值之通貨)則被保險人對此類物品所負之賠償責任不在此限。（1）紙煙 (2)酒 (3)貴重金屬物 (4)寶石 (5)藝術品 (6)牲畜前項但書所列貨品，如不止一項之物品裝載於同一貨櫃或拖車時，則此等貨品應視為同一批貨物。 3.因貨物之固有瑕疵，或由於其固有性質所致損失之賠償責任。

（三）適用於費用之賠償責任者： 1.被保險人因違反進出口法規所必須支付之關稅、銷售稅、加值稅或其他國家所徵收之費用。

2.被保險人因違法行為或其他第三人為被保險之利益而為違法行為致被保險人應負之罰鍰或罰金。

3.被保險人所應負懲罰性質損害之賠償責任。（四）適用附帶損失之賠償責任者：

1.被保險人因侵權行為而致第三人體傷、疾病或死亡、或第三人財產受有實質損害或滅失所引起之附帶損失。

2.因貨物之遲延裝載、運送或交付致有損失所引起之附帶損失。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

14

商品名稱：FREIGHT FORWARDER’S LIABILITY INSURANCE 核准日期及文號 99年 02 月 03 日新安東京海上 99字第 0072 號函備查承保範圍 COVERAGE - CARGO AND RELATED LIABILITIES The Policy will indemnify the Insured in respect of its legal and/or contractual liability and/or for costs for Insured Operations on the Freight Services Schedule subject to its terms conditions and limits and to the following terms and conditions and the General Policy Terms, Conditions and Exclusions for: -

1.Loss or damage to Cargo Liability for loss or damage to cargo whilst in transit or in storage during the normal course of transit in the care, custody or control of the Insured, or a party with whom the Insured has contracted to provide transportation services.

2.Additional Cover The additional cover set out below shall apply following liability under Clause 1. above

2.1 Consequential Loss Liability for consequential loss including business interruption. 2.2 General Average

Liability (without application of deductible) for cargo’s proportion of general average, salvage and/or salvage charges. 2.3 Duty

Liability for duty payable where the duty forms part of a claim for loss or damage to cargo, other than duty under any form of bond or guarantee. 2.4 Damage to Transport Equipment and Other Cargo

Liability for loss or damage to any container, transport equipment, vehicle, cargo, vessel or aircraft operated by another party resulting from the mode and/or manner in which the cargo being transported is secured and/or stowed. 2.5 Temporary Storage

Liability for loss or damage to cargo during temporary storage arising out of rejection of cargo by a consignee, or where the cargo cannot be delivered, provided that Insurers are notified within 7 days of the rejection or non-delivery of the cargo respectively. 2.6 On-forwarding Costs

15

Insurers agree to pay the cost and expense of on-forwarding cargo to destination including the cost of temporary storage, unloading, reloading and transferring cargo to other transport equipment, or containers, following an accident to the transport equipment or container being used for the transportation of cargo.

不保事項 SPECIAL CONDITIONS AND EXCLUSIONS

(Applicable to all Sections of the Freight Services Schedule & Extensions)

1. Errors and Omission Exclusion Unless the Errors & Omissions Extension is effected, liability arising out of a negligent act, error or omission under that Extension is excluded from coverage. 2. Conditions of Trade It is a condition precedent to the liability of the Insurers that during the Policy period the Insured contracts under General Conditions of Trade or Carriage that shall be seen and approved by Insurers prior to attachment of this Policy, such approval to be by an endorsement to the Policy. Where the Insured continues to operate under the current terms and conditions of the national forwarding association affiliated to FIATA (International Federation of Freight Forwarders Association) Insurers need not approve such terms and conditions. 3. Bills of Lading It is a condition precedent to the liability of the Insurers that when a bill of lading/waybill is issued by or on behalf of the Insured, or a contract of sea carriage is agreed, it must include a Paramount Clause incorporating the Hague Visby Rules as enacted by the UK Carriage of Goods by Sea Act 1971, or equivalent national legislation under the Hague Visby Rules (in the case of shipments to or from the United States, incorporating US COGSA). When cargo is agreed to be carried on deck then:

3.1 such cargo must be carried on deck on specific terms (expressed both on

the face and the reverse of the bill of lading/waybill) exonerating the Insured from liability, and stating cargo is carried at shipper’s sole risk, or

3.2 on terms stating that the Hague Visby Rules UK Carriage of Goods by Sea Act 1971 (or equivalent national legislation – in the case of the United States, US COGSA) shall apply to on deck carriage.

4. Air Waybills It is a condition precedent to the liability of Insurers that when the Insured issues an Air Waybill, such document must expressly incorporate the Warsaw Convention and any subsequent amendments.

16

5. Road Transport - Sub-contractor’s Conditions of Carriage It is a condition precedent to the liability of Insurers where the Insured sub-contracts carriage of cargo by road, or sub-contracts carriage which includes carriage by road that the sub-contractor operates under a contract of carriage whose terms and conditions are no less wide than those of the Insured, except where such terms and conditions are imposed by law or do not materially affect the liability and amount of the claim for loss or damage to cargo being carried.

6. Road Transport – Sub-contractors Insurance

6.1 It is a condition precedent to the liability of Insurers that the Insured shall take reasonable care to ensure that the actual carrier or sub-contractor in relation to carriage by road has adequate, valid and sufficient insurance cover in respect of its liability for loss or damage to the cargo being carried.

6.2 Where the Insured fails to comply with the above obligation and a claim occurs such a claim shall be recoverable under the Errors and Omissions Extension provided that the Insured has in operation reasonable procedures for checking insurance coverage of the actual carrier or sub-contractor and the failure to verify the insurance coverage has arisen as a result of an isolated negligent act, error or omission of the Insured or its employees.

7. Road Transport – High Risk Cargo It is a condition precedent to the liability of Insurers where the Insured operates or utilises a vehicle, container or trailer and the cargo being carried is ‘high risk’ as defined under Clause 8 that: -

(a) During the day, whilst parked for rest breaks, or for similar short stays, the vehicle/trailer/container: -

(i) is at a recognised and designated parking area for road hauliers, and (ii) is securely locked with keys removed and all openings securely

closed at all times, and (iii) the driver remains within the immediate vicinity.

(b) Whilst parked overnight or during the day other than for rest breaks or for similar short stays, the vehicle, trailer or container: -

(i) is garaged in a locked building or parked in a fully enclosed location (which remains locked apart from when authorised vehicles are entering and exiting the location) under constant surveillance, or

17

(ii) is securely locked with all keys removed and all openings securely closed and is in a recognised and designated parking area for road hauliers and the driver remains in attendance at all times.

8. High Risk Cargo

8.1 The following cargo shall be deemed high risk in accordance with Clause 7 above and shall not be covered unless specifically disclosed to Insurers in writing and Insurers agree by endorsement to coverage: -

(a) Wines, Spirits and other Alcoholic Beverages; (b) Cigarettes and other Tobacco based products; (c) Furs and Leather and garments or items made from Fur or Leather; (d) Televisions, CD players, DVD players, CDs, DVDs tapes and videos; (e) Clocks, watches and parts; (f) Computer micro-chips; (g) Computers including but not limited to Laptops; (h) Personal Computers and games consoles; (i) Cellular or Mobile Telephones of any description. 8.2 Subject to 7 clear days written notice to the Insured, Insurers may amend

the list of High Risk Cargo.

9. Excluded Cargo The Policy excludes liability relating to the transportation of the following cargoes:-

a) bullion and precious metal objects; b) bank notes, coins, cheques and credit cards; c) bonds, negotiable documents, securities and other financial instruments; d) jewellery, works of art, antiques or precious stones, except where part of

household/personal effects consignment; e) live animals, birds, reptiles and fish.

10. Excluded Contract Terms The Policy excludes claims arising out of any contractual agreement, whether or not in writing, by the Insured: -

a) to an agreed shipment or delivery date or time; b) to higher limits of liability or greater responsibility than that notified to

and/or agreed by Insurers; c) to an agreed or declared value.

11. Insured’s Property

18

The Policy excludes claims in respect of property and/or cargo owned, leased or licensed to/by the Insured unless specifically agreed by Insurers and endorsed on the Policy.

12. Insured Operations The Policy excludes claims in respect of any Operation not previously declared to Insurers and agreed by them to be covered, save that any Operation (not excluded under any term, condition or exclusion in this Policy) which is reasonably ancillary to a declared and agreed Operation shall be covered under this Policy. 13. Liability to Customs The Policy excludes claims by Customs or similar Governmental or European Union organisations or bodies against the Insured except where insured under the Errors and Omissions Extension Clause 2.3.

19

個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物遊艇意外責任保險核准日期及文號 101 年 12 月 13 日(101)產水字第 024 號函備查(公會版) 承保範圍本保險承保被保險人在保險期間內合法使用或管理被保險遊艇，因從事遊艇活動發生意外事故，致遊艇乘員傷亡，依法應由被保險人負賠償責任而受賠償請求時，由保險人對被保險人負賠償責任。被保險人為遊艇乘員時，視同為乘員。

不保事項保險人不保因下列事項所致之損害賠償責任： 1、被保險人故意行為所致者。 2、海上或陸上颱風警報發佈時起至解除後 24小時內，仍出航從事遊艇活動。 3、戰爭或類似戰爭行為、敵人入侵、內戰、革命、叛亂、捕獲、扣押、拘管、禁制、沒收、充公、徵用、恐怖份子、劫掠行為，包括碰及遺棄之水雷、魚雷或遭砲彈擊中者。

4、罷工、暴動或民眾騷擾所致者。 5、核子分裂或輻射作用所致者。 6、各種型態之污染所致者。 7、遊艇活動超出主管機關所訂之航行區域，或在公告管制地區內所發生之賠償責任。 8、被保險遊艇違法使用、違規超載、或其他違反主管機關有關之規定者。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物娛樂漁業漁船意外責任保險核准日期及文號 97年 10月 22日(97)產水字第 15號函備查(公會版) 承保範圍本保險承保被保險人在保險期間內合法使用或管理被保險船舶，因從事娛樂漁業漁船活動發生意外事故，致船上工作人員、乘客及其他第三人傷亡或財物損失時，依法應由被保險人負賠償責任而受賠償請求時，由保險人對被保險人負賠償責任。不保事項保險人不保因下列事項所致之損害賠償責任：一、被保險人故意行為所致者。二、海上或陸上颱風警報發佈時起至解除後２４小時內，仍出航從事娛樂漁業活動。三、戰爭或類似戰爭行為、敵人入侵、內戰、革命、叛亂、捕獲、扣押、拘管、禁制、沒收、充公、徵用、恐怖份子、劫掠行為，包括碰撞及遺棄之水雷、魚雷或遭砲彈擊中者。四、罷工、暴動或民眾騷擾所致者。五、核子分裂或輻射作用所致者。六、各種型態之污染所致者。

20

七、任何港區之內碰撞所致之財物及其附帶損失。此所謂港區係指漁港或其他經核准停泊之港澳範圍內之水域。

八、任何港區之內碰撞所致他船人員之傷亡，但無動力之小船、有動力之水上摩托車、舢舨、及管筏上之人員不在此限。

九、娛樂漁業活動超出主管機關所訂之航行區域，或在公告管制地區內所發生之賠償責任。十、被保險船舶非法營業、違法使用、違規超載、或其他違反主管機關有關之規定者。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物漁業漁船船員雇主意外責任保險核准日期及文號 99年 09月 20日新安東京海上 99字第 0552號函備查承保範圍本保險契約承保被保險人在保險期間內合法使用或管理檢驗合格適航之漁船，因從事漁撈作業發生意外事故，致船員死亡，失蹤或肢體殘廢時，依法應由被保險人負賠償責任而受賠償請求時，由保險人對被保險人負賠償責任。不保事項保險人不保因下列事項所致之賠償責任： 1.被保險人故意行為所致者。 2.戰爭或類似戰爭行為，敵人入侵、內戰、革命、叛亂、補獲、扣押、拘管、禁

制、沒收、充公、徵用、恐怖份子、劫掠行為，包括碰及遺棄之水雷、魚雷或

遭砲彈擊中者。 3.罷工，暴動或民眾騷擾所致者。 4.核子分裂或輻射作用所致者。 5.各種型態之污染所致者。 6.漁撈作業超出主管機關所訂之航行區域，或在公告管制地區內所發生之賠償責

任。 7.任何碰撞所致船舶、碼頭設施、水上浮筒之財物及其附帶損失。 8.被保險漁船非法營業，違法使用，違規超載或其他違反主管機關有關之規定者。 9.被保險漁船因違反國際避碰章程規定所致者。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物陸上貨物運送保險核准日期及文號 83 年 12 月 14 日台財保第 831522372號函核准(公會版) 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第 09502522257 號令修正承保範圍一、甲式

本保險對保險標的物因意外事故所致之毀損或滅失負賠償責任。

21

二、乙式本保險對保險標的物因下列危險事故所致之毀損或滅失負賠償責任：

(一)火災或爆炸。 (二)運輸工具之翻覆、出軌或意外碰撞。 (三)公路、鐵路、隧道、橋樑及其他交通設施發生傾塌。不保事項一、甲式

本保險對下列事項不負賠償責任： (一)由於被保險人之故意行為所致之毀損滅失或費用。 (二)保險標的物之正常漏損、重量或容量之正常減少或自然耗損。 (三)由於被保險人對保險標的物包裝或配置之不固或不當所致之毀損滅失

或費用。 (四)由於貨物裝載違反道路交通安全規定所致之毀損滅失或費用。 (五)由於保險標的物之固有暇疵或本質所致之毀損滅失或費用。 (六)直接由於遲延所致之毀損滅失或費用，即使此項遲延係因承保危險所致

者。 (七)由於運送人之無力償債或財務糾紛所致之毀損滅失或費用。 (八)由於戰爭、內戰、革命、叛亂、罷工、暴動、民眾騷擾或類似行為所致

之毀損滅失或費用。 (九)直接或間接由於下列原因引起或所致之毀損滅失責任或費用：

1.任何核子燃料、核子廢料或核子燃料燃燒所生之電離輻射或輻射污染。

2.任何核子設施、反應器或其他核子裝置或其核組件之輻射、有毒、爆炸或其他為害污染物質。

3.任何使用原子或核子分裂、融合或其他類似反應，輻射力或輻射物質之戰爭武器。二、乙式

本保險對下列事項不負賠償責任： (一)颱風、洪水、海嘯、地震、閃電、火山爆發所致之毀損滅失或費用。。 (二)由於任何人之惡意行為對保險標的物全部或部份之毀損或破壞。 (三)保險標的物於正常運送途中單獨與外物碰撞所致之毀損滅失或費用。。 (四)由於被保險人之故意行為所致之毀損滅失或費用。 (五)保險標的物之正常漏損、重量或容量之正常減少或自然耗損。 (六)由於被保險人對保險標的物包裝或配置之不固或不當所致之毀損滅失

或費用。 (七)由於貨物裝載違反道路交通安全規定所致之毀損滅失或費用。 (八)由於保險標的物之固有暇疵或本質所致之毀損滅失或費用。 (九)直接由於遲延所致之毀損滅失或費用，即使此項遲延係因承保危險所致

者。 (十)由於運送人之無力償債或財務糾紛所致之毀損滅失或費用。 (十一)由於戰爭、內戰、革命、叛亂、罷工、暴動、民眾騷擾或類似行為所

致之毀損滅失或費用。 (十二)直接或間接由於下列原因引起或所致之毀損滅失責任或費用：

1.任何核子燃料、核子廢料或核子燃料燃燒所生之電離輻射、或輻射污染。

2.任何核子設施，反應器或其他核子裝置或其核組件之輻射、有毒、爆炸或其他為害或污染物置。

3.任何使用原子或核子分裂，融合或其他類似反應，輻射力或輻射物質之戰爭武器。個人保險商品預定費用率不適用短期費率表或保費退費係數表凡保險期間不足一年或被保險人中途要求退保者，本公司按下列百分比計算保險

22

費：

期間按全年保險費百分比（%）一個月或以下者 15 一個月以上或二個月以下者 25 二個月以上或三個月以下者 35 三個月以上或四個月以下者 45 四個月以上或五個月以下者 55 五個月以上或六個月以下者 65 六個月以上或七個月以下者 75 七個月以上或八個月以下者 80 八個月以上或九個月以下者 85 九個月以上或十個月以下者 90 十個月以上或十一個月以下者 95 十一個月以上者 100

商品名稱：新安東京海上產物陸上貨物運送保險乙式附加條款核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299041 號函備查條款內容本附加條款對保險標的物因下列危險事故所致之毀損或滅失負賠償責任：一、火災或爆炸。二、運輸工具之翻覆、出軌或意外碰撞。三、公路、鐵路、隧道、橋樑及其他交通設施發生傾塌。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物陸上貨物運送保險地震附加條款核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299042 號函備查條款內容茲經雙方同意，被保險人加繳約定之保險費後，本公司對於保險標的物直接因地震震動或地震引起火災所致之毀損或滅失，依照本附加條款之規定，負賠償責任。但需受第二條規定之約束，本公司始負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表不適用

商品名稱：新安東京海上產物陸上貨物運送保險竊盜附加條款(適用

於運輸途中)

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299043 號函備查

23

條款內容茲經通知並雙方同意，被保險人加繳約定之保險費後，本附加條款加保保險標的物直接因竊盜行為所致之毀損滅失，本公司依照本附加條款之規定負賠償責任。但仍須受第二條及第三條之規定，本公司始負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物陸上貨物運送保險竊盜附加條款(適用

於暫存期間)

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299044 號函備查條款內容茲經通知並雙方同意，被保險人加繳約定之保險費後，本附加條款加保保險標的物直接因竊盜行為所致之毀損滅失，本公司依照本附加條款之規定負賠償責任。但仍須受第二條之規定，本公司始負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE CARGO CLAUSES (A)

核准日期及文號 94 年 04 月 01 日新安東京海上(94)字第 1000 號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第

09502522257 號令修正

承保範圍 1 This insurance covers all risk of loss of or damage to the subject-matter insured

except as provided in clause 4, 5, 6 and 7 below.

Risks Clause

2 This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.

General Average Clause

3 This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment “Both to Blame Collision” Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.

“Both to Blame Collision” Clause

不保事項

In no case shall this insurance cover General

4.1 loss damage or expense attributable to willful misconduct of the Assured Exclusions 4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of

the subject-matter insured Clause

4.3 1oss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 4.3

24

“packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)

4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured

4.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)

4.6 loss damage or expense arising from insolvency or financial default of the owners managers charters or operators of the vessel

4.7 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter

5.1 In no case shall this insurance cover loss damage or expense arising from Unseaworthiness

unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured, where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein

and Unfitness Exclusion Clause

5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or unfitness

In no case shall this insurance cover loss damage or expense caused by War

6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power

Exclusion Clause

6.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat

6.3 derelict mines torpedo bombs or other derelict weapons of war.

In no case shall this insurance cover loss damage or expense Strikes

7.1 Caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions

Exclusion Clause

7.2 Resulting from strikes, lock-outs, labour disturbances, riots or civil commotions 7.3 Caused by any terrorist or any person acting from a political motive 個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE INSTITUTE CARGO CLAUSES

(B)

核准日期及文號 100年 06 月 07 日新安東京海上 100字第 0361 號函備查

承保範圍 1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below,

1.1 loss of or damage to the subject-matter insured reasonably attributable to 1.1.1 fire or explosion 1.1.2 vessel or craft being stranded grounded sunk or capsized 1.1.3 overturning or derailment of land conveyance

Risks Clause

25

1.1.4 collision or contact of vessel craft or conveyance with any external object other than water 1.1.5 discharge of cargo at a port of distress, 1.1.6 earthquake volcanic eruption or lightning, 1.2 loss of or damage to the subject-matter insured caused by 1.2.1 general average sacrifice 1.2.2 jettison or washing overboard 1.2.3 entry of sea lake or river water into vessel craft hold conveyance container

liftvan or place of storage, 1.3 total loss of any package lost overboard or dropped whilst loading on to, or

unloading from, vessel or craft. 2. This insurance covers general average and salvage charges, adjusted or determined

according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.

3. This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.

不保事項 4. In no case shall this insurance cover

4.1 loss damage or expense attributable to wilful misconduct of the Assured 4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and

tear of the subject-matter insured 4.3 loss damage or expense caused by insufficiency or unsuitability of packing or

preparation of the subject-matter insured (for the purpose of this Clause 4.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)



4.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel

4.7 deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof by the wrongful act of any person or persons

4.7 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.


"Both to Blame Collision" Clause

General Exclusions Clause

26

5. 5.1 In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured,where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein. 5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or unfitness.

6. In no case shall this insurance cover loss damage or expense caused by 6.1war civil war revolution rebellion insurrection, or civil strife arising therefrom,

or any hostile act by or against a belligerent power 6.2 capture seizure arrest restraint or detainment (piracy excepted), and the

consequences thereof or any attempt thereat 6.3 derelict mines torpedoes bombs or other derelict weapons of war.

7. In no case shall this insurance cover loss damage or expense 7.1 caused by strikers, locked-out workmen, or persons taking part in labour

disturbances, riots or civil commotions 7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil

commotions 7.3 caused by any terrorist or any person acting from a political motive.


商品名稱：INSTITUTE CARGO CLAUSES (C)


09502522257 號令修正

承保範圍 1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below, 1.1 loss of or damage to the subject-matter insured reasonably attributable to 1.1.1 fire or explosion 1.1.2 vessel or craft being stranded grounded sunk or capsized 1.1.3 overturning or derailment of land conveyance 1.1.4 collision or contact of vessel craft or conveyance with any external object

other than water 1.1.5 discharge of cargo at a port of distress, 1.2 loss of or damage to the subject-matter insured caused by 1.2.1 general average sacrifice 1.2.2 jettison.

Unseaworthiness and Unfitness Exclusion Clause

War Exclusion Clause

Strikes Exclusion Clause

27

2.This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.

3.This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim. 不保事項

4.In no case shall this insurance cover 4.1 loss damage or expense attributable to wilful misconduct of the Assured 4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear

and tear of the subject-matter insured 4.3 loss damage or expense caused by insufficiency or unsuitability of

packing or preparation of the subject-matter insured (for the purpose of this Clause 4.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)









28

Risks Clause

5

5.1 In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured,where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.

5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or unfitness.

6.In no case shall this insurance cover loss damage or expense caused by



6.3 derelict mines torpedoes bombs or other derelict weapons of war. 7.In no case shall this insurance cover loss damage or expense

7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions

7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions

7.3 caused by any terrorist or any person acting from a political motive. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：INSTITUTE CARGO CLAUSES (AIR) (excluding sendings by Post)


09502522257 號令修正

承保範圍 This insurance covers all risks of loss of or damage to the subject-matter insured except as provided in Clauses 2, 3 and 4 below.

不保事項 2.In no case shall this insurance cover




29




2.1 loss damage or expense attributable to wilful misconduct of the Assured 2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear

of the subject-matter insured 2.3 loss damage or expense caused by insufficiency or unsuitability of packing or

preparation of the subject-matter insured (for the purpose of this Clause 2.3 “packing” shall be deemed to include stowage in a container of liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)


2.5 loss damage or expense arising from unfitness of aircraft conveyance container or liftvan for the safe carriage of the subject-matter insured, where the Assured or their servants are privy to such unfitness at the time the subject-matter insured is loaded therein

2.6 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against

2.7 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the aircraft


3. In no case shall this insurance cover loss damage or expense caused by



3.3 derelict mines torpedoes bombs or other derelict weapons of war. 4. In no case shall this insurance cover loss damage or expense



4.3 caused by any terrorist or any person acting from a political motive. 個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱： INSTITUTE CARGO CLAUSE (A) 1/1/2009

30

核准日期及文號 99年 04月 23日新安東京海上 99字第 022105號函備查

承保範圍 1. This insurance covers all risks of loss of or damage to the

subject-matter insured except as excluded by the provisions of Clauses 4, 5 ,6 and 7 below.

Risks

2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5 , 6 and 7 below.

General Average

3. This insurance indemnifies the Assured, in respect of any risk insured herein, against liability incurred under any Both to Blame Collision Clause in the contract of carriage. In the event of any claim by carriers under the said Clause, the Assured agree to notify the insurers who shall have the right, at their own cost and expense, to defend the Assured against such claim.

"Both to Blame Collision Clause"

不保事項

4.In no case shall this insurance cover General

4.1 loss damage or expense attributable to wilful misconduct of the Assured Exclusions 4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of

the subject-matter insured Clause

4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)


4.5 loss damage or expense caused by delay, event though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)

4.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract

4.7 loss damage or expense directly or indirectly caused by or arising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

5 5.1 In no case shall this insurance cover loss damage or expense arising from 5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for

the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein

31

5.1.2 unfitness of container or conveyance for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading.

5.2 Exclusions 5.1.1 above shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to

buy the subject-matter insured in good faith under a binding contract. 5.3 The Insurers waive any breach of the implied warranties of seaworthiness of

the ship and fitness of the ship to carry the subject-matter insured to destination.

6 In no case shall this insurance cover loss damage or expense caused by 6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom,

or any hostile act by or against a belligerent power. 6.2 capture seizure arrest restraint or detainment (piracy excepted), and the

consequences thereof or any attempt thereat. 6.3 derelict mines torpedoes bombs or other derelict weapons of war.

7.In no case shall this insurance cover loss damage or expense

7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions.

7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions. 7.3 caused by any act of terrorism being an act of any person acting on behalf of, or

in connection with, any organization which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted

7.4 caused by any person acting from a political, ideological, or religious motive 個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE CARGO CLAUSE (B) 1/1/2009

核准日期及文號 99年 04月 23日新安東京海上 99字第 022106號函備查

承保範圍 1. This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and

7 below, 1.1 loss of or damage to the subject-matter insured reasonably attributable to

1.1.1 fire or explosion 1.1.2 vessel or craft being stranded grounded sunk or capsized 1.1.3 overturning or derailment of land conveyance 1.1.4 collision or contact of vessel craft or conveyance with any external

object other than water 1.1.5 discharge of cargo at a port of distress 1.1.6 earthquake volcanic eruption or lightning,

1.2 loss of or damage to the subject-matter insured caused by 1.2.1 general average sacrifice

Risks

32

1.2.2 jettison or washing overboard 1.2.3 entry of sea lake or river water into vessel craft hold conveyance

container or place of storage, 1.3 total loss of any package lost overboard or dropped whilst loading on to, or

unloading from, vessel or craft. 2. This insurance covers general average and salvage charges, adjusted or

determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 below.

3. This insurance indemnifies the Assured, in respect of any risk insured herein, against liability incurred under any Both to Blame Collision Clause in the contract of carriage. In the event of any claim by carriers under the said Clause, the Assured agree to notify the Insurers who shall have the right, at their own cost and expense, to defend the Assured against such claim.


4.1 loss damage or expense attributable to wilful misconduct of the Assured

4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured


4.4 loss damage or expense caused by inherent vice or nature o o of the subject-matter insured


4 4.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract


4.8 loss damage or expense directly or indirectly caused by or a rising from the use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

5 5.1 In no case shall this insurance cover loss damage or expense

General Average


33

arising from 5.1.1 unseaworthiness of vessel or craft or unfitness of vessel

or craft for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein


5.2 Exclusions 5.1.1 above shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.

5.3 The Insurers waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination.

6.In no case shall this insurance cover loss damage or expense caused by

6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power.

6.2 capture seizure arrest restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat.

6.3 derelict mines torpedoes bombs or other derelict weapons of war.

7.In no case shall this insurance cover loss damage or expense 7.1 caused by strikers, locked-out workmen, or persons taking part

in labour disturbances, riots or civil commotions.

7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions.

7.3 caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organization which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted

7.4 caused by any person acting from a political, ideological, or religious motive.


商品名稱： INSTITUTE CARGO CLAUSE (C) 1/1/2009

核准日期及文號 99 年 04 月 23 日新安東京海上 99 字第 022107 號函備查

承保範圍 1. This insurance covers, except as excluded by the provisions of Clauses 4, 5, 6 and 7

34

below, 1.1 loss of or damage to the subject-matter insured reasonably attributable to

1.1.1 fire or explosion 1.1.2 vessel or craft being stranded grounded sunk or capsized 1.1.3 overturning or derailment of land conveyance 1.1.4 collision or contact of vessel craft or conveyance with any external

object other than water 1.1.5 discharge of cargo at a port of distress,

1.2 loss of or damage to the subject-matter insured caused by 1.2.1 general average sacrifice 1.2.2 jettison.

2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 below.

3. This insurance indemnifies the Assured, in respect of any risk insured herein, against liability incurred under any Both to Blame Collision Clause in the contract of carriage. In the event of any claim by carriers under the said Clause, the Assured agree to notify the Insurers who shall have the right, at their own cost and expense, to defend the Assured against such claim.


4.1 loss damage or expense attributable to wilful misconduct of the Assured 4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured



4. 4.5 loss damage or expense caused by delay, event though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)




5 5.1 In no case shall this insurance cover loss damage or expense arising from 5.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe



35

Risks Salvage Charges

carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein


5.2 Exclusions 5.1.1 above shall not apply where the contract of insurance has been assigned to theparty claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.


6 In no case shall this insurance cover loss damage or expense caused by 6.1war civil war revolution rebellion insurrection, or civil strife arising therefrom, or

any hostile act by or against a belligerent power. 6.2 capture seizure arrest restraint or detainment (piracy excepted), and the

consequences thereof or any attempt thereat. 6.3 derelict mines torpedoes bombs or other derelict weapons of war.

7 In no case shall this insurance cover loss damage or expense 7.1caused by strikers, locked-out workmen, or persons taking part in labour

disturbances, riots or civil commotions. 7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions. 7.3 caused by any act of terrorism being an act of any person acting on behalf of, or in

connection with, any organization which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted

7.4 caused by any person acting from a political, ideological, or religious motive. 個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE CARGO CLAUSE (AIR) (excluding sendings by Post) 1/1/2009


承保範圍 1 This insurance covers all risks of loss of or damage to the subject-matter insured

except as excluded by the provisions of Clauses 3, 4 and 5 below. 2 This insurance covers salvage charges incurred to avoid or in connection with the

avoidance of loss from any cause except those excluded in Clauses 3, 4 and 5 below.

不保事項 3 In no case shall this insurance cover

3.1 loss damage or expense attributable to wilful misconduct of the Assured 3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear


preparation of the subject matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the

36

Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to include stowage in a container and "employees" shall not include independent contractors)

3.4 loss damage or expense caused by inherent vice or nature of the subject-matter

insured 3.5 loss damage or expense arising from unfitness of aircraft conveyance or

container for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.

3.6 loss damage or expense caused by delay, even though the delay be caused by a

risk insured against 3.7 loss damage or expense caused by insolvency or financial default of the

owners managers charterers or operators of the aircraft where, at the time of loading of the subject-matter insured on board the aircraft, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the transit. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract


4 In no case shall this insurance cover loss damage or expense caused by 4.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom,

or any hostile act by or against a belligerent power 4.2 capture seizure arrest restraint or detainment (piracy excepted), and the


5 In no case shall this insurance cover loss damage or expense 5.1 caused by strikers, locked-out workmen, or persons taking part in labour


commotions 5.3 caused by any act of terrorism being an act of any person acting on behalf of,

or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted

5.4 caused by any person acting from a political, ideological or religious motive. 個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：50/50 Clause

核准日期及文號

37

中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276001 號函備查承保範圍

Upon arrival at the Contract site all Insured property supplied intended to be part of the contract, which is packed or crated should be visually inspected for signs of possible damage. If any sign of damage is visible the items are to be unpacked immediately and further inspected and reported to Marine Cargo Insurers. Such a loss or damage discovered is excluded by this policy.

Where no sign of loss or damage to the packing exists any damage to the goods which subsequently becomes evident upon their unpacking within the period allowed will be ascribed to the Marine cover or the Contract Works cover according to whether it is clear that it was caused before or after arrival of the property at the Contract Site. If it is not possible to establish whether the damage was caused before or after arrival of the goods at the Contract Site it is agreed that settlement will be made on a 50%/50% basis between the Marine Cover and Contract Works Cover.

不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：Accumulation Clause – A version wording

核准日期及文號中華民國 97 年 06 月 13 日新安東京海上 97字第 0276002號函備查

承保範圍 The vessel and conveyance limits of liability expressed herein shall not apply in the event of or during transshipment or after the arrival of the oversea vessel or conveyance at the port or place of discharge provided always the accumulation of interests beyond such limits of liability shall have arisen in the ordinary course of transit from circumstances beyond the control of the Assured.


商品名稱：Accumulation Clause– B version wording

核准日期及文號中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276003號函備查

承保範圍

The limit of liability expressed herein shall not apply in the event of accumulation of shipments in one port or place during transit due to circumstances outside the Insured’s

38

control.

Underwriters agree to cover the excess amount up to the full value at risk, provided notice should be given in all such cases as soon as known to the Insured, but in no event shall liability exceed XXX the limits of liability expressed herein. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：ACCUMULATION CLAUSE– C VERSION WORDING


承保範圍 Should there be an accumulation of interest beyond the limits expressed in this policy by reason of any interruption of transit and/or at a transshipping point and/or on a connecting steamer, aircraft or conveyance, the policy shall hold covered such accumulation of interest and the Insurer shall be liable for the full amount at risk, but in no event to exceed XXX of said policy limit, provided notice will be given to the Insurers as soon as known to the assured. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：ADJUSTED CLAIM CLAUSE-XX DAYS


承保範圍 Loss, if any, payable as provided herein, within xx days after filing all proof-of-loss required by Assurer for adjusted claims. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：AIRFREIGHT REPLACEMENT CLAUSE

核准日期及文號中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276006 號函備查承保範圍

39

In the event of loss of or damage to the goods Underwriters are to pay the cost of air-freighting the damaged parts to manufacturers for repair and return, or the air-freighting of replacement parts from manufacturers and/or suppliers to destination. Notwithstanding that the goods lost or damaged were not originally dispatched by air freight. Provided always that in no case shall the liability of Underwriters exceed the insured value of the complete item. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：BRANDS OR TRADEMARKS CLAUSE


承保範圍

In the case of damage to property bearing or trademark, or the sale of which carries or implies a guarantee, the salvage value of such damaged property shall be determined after the removal of all brands or trademarks; in the event the brand or trademarks cannot be removed from container, the contents shall be transferred to plain bulk containers. With respect to any property and/or package where it is impractical to destroy all evidence of the Assured`s connection therewith, Assurers agree to consult and cooperate with the Assured with respect to the disposition of said property and/or package. Should it become necessary to destroy the property and/or package, the Assured shall give Assurers the opportunity to have a representative in attendance. All reasonable expenses incidental to the removal of brands or trademarks, or destruction of the property and/or package, if necessary, shall be part of the claim.

This Policy covers damage to trade marked cartons, but claims payable hereunder shall be limited to an amount sufficient to pay the cost of new cartons, including forwarding charges of the new cartons and charges of repacking. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：BUYER’S INTEREST CLAUSE


40

If required this policy extends to cover Buyer’s Interest. Claims in respect of loss of or damage to the goods shall be payable hereunder in the event that the seller fails to provide coverage as required under the sale/purchase contract and/or if the Seller’s policy fails to pay for such lost or damaged goods as covered under the terms and conditions of their Insurance Policy or Certificates.

Underwriters to be subrogated to the Assured’s rights against Seller as well as other. The assignment of this Policy or of any interest of claim hereunder is prohibited.

The Assured undertakes to prosecute his claim against the Seller or under such policies as if this insurance was not in existence and the fact that the goods are already insured shall not be deemed to be double insurance.

Warranted that the existence of this cover remain undisclosed.

Shipments declared under this Clause to be subject to a rate equivalent to one-quarter of that applicable to similar shipments declared on a “primary” basis. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：BUYER’S SELLER’S CONTINGENCY CLAUSE


承保範圍 Interest sold by the Assured without benefit of insurance under this Policy is covered to the extent that the Assured is unable to collect payment for lost or damaged interest provided that such loss or damage would have been recoverable hereunder but for the existence of other insurance. Interest purchased by the Assured without benefit of insurance under this Policy is covered to the extent that the Assured is unable to collect claim for lost or damaged interest from other insurers provided that such loss or damage would have been recoverable hereunder but for the existence of other insurance.

This Policy shall also pay for loss or damage in the event that, and to the extent that other parties responsible to insure fail to do so or where such insurance fails to respond to the extent that such loss or damage would have been recoverable hereunder but for the existence of other insurance.

Subject to the following:

1. Warranted that cover under this clause shall be for the benefit of the named

Assured only and cover ceases to operate in the event that there be any other insurance covering the said goods.

2. Warranted that the existence of this contingency insurance shall not be

disclosed to the customer, or any other party interested in the consignment.

41

3. The Insured is free from any liability caused by any other party/ies are

unintentional and/or inadvertent omission or error to fulfill the responsibility of insurance.

4. It is a condition of this clause that the Assured must give immediate notice to the

Company of any occurrence whereby the risk and/or property in the goods remains with, or reverts to, the Assured.

5. It is a condition of this clause that evidence of the terms and conditions of the

contract of sale shall be submitted in substantiation of any claim made hereunder. 6. It is a condition of this clause that the Assured must use all reasonable and usual

care, skill and forethought and take all practical measures, including measures which may be required by the Company, to enforce the contract of sale, and in the event that the legal ownership and or property in the goods remains with or reverts to the Assured to prevent or minimize loss.

All rights and benefits against any other party/ies or person/s are to be subrogated to the Company. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：CARE, CUSTODY AND CONTROL CLAUSE


承保範圍 This insurance extends to cover lawful property of others, excluding fixed assets, which falls within the scope of the goods insured, while in the Assured’s care, custody and control for which the insured may be legally obligated to pay as damage because of damage to or destruction of property arising out of perils insured against. It is a condition precedent of this insurance that this insurance shall not inure, directly or indirectly, to the benefit of any carrier or bailee. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：CARGO ISM ENDORSEMENT


承保範圍

In no case shall this insurance cover loss, damage or expense where the subject matter

42

insured is carried by a vessel that is not ISM Code certified or whose owners or operates do not hold an ISM Code Document of Compliance when, at the time of loading of the subject matter insured on board the vessel, the Assured were aware, or in the ordinary course of business should have been aware:

a) Either that such vessel was not certified in accordance with the ISM Code.

b) Or that a current Document of Compliance was not held by her owners or operators.

As required under the SOLAS Convention 1974 as amended.

This exclusion shall not apply where this insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject matter insured in good faith under a binding contract. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：CUTTING CLAUSE


承保範圍 In the event of damage or breakage caused by an insured peril it is agreed that the damaged, broken length or portion shall be cut off, the remaining length or portion be considered as sound and the Company shall be liable only for the insured value of the length or portion which has been lost by being broken off or cut off. In addition, the Company shall be liable for the cost of cutting. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：DEFERRED UNPACKING CLAUSE


承保範圍

It is mutually agreed that the Company shall be also liable for loss of or damage to the insured cargo consigned to the final destination or premises as named in the policy which is found at the time of deferred unpacking and caused by the perils insured against herein during the insured voyage and /or inland transit provided, however, such

43

deferred unpacking be limited to xx days after arrival of the cargo at the named premises.

This clause shall not be construed as an extension of the insured period, so the Company shall not be liable for loss or damage which may occur after the cargo has arrived at the name premises.

Warranted that upon arrival of the insured cargo at the final destination or premises as named herein if any damaged/abnormal condition is apparent to the external package(s), an immediate notice of it should be given to the Company by the Assured. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：DUTY CLAUSE


承保範圍 To pay partial loss sustained on duty imposed on the goods insured hereunder, by reason of the perils insured against, but subject to the policy terms of average; also to pay total loss if the goods are totally lost in accordance with the policy terms after the duty is paid. In case of the insured amount of duty stated herein being in excess of the full amount of duty imposed on the goods insured hereunder according to the relevant regulations when they arrive at the final port of discharge shall not exceed the amount of actual loss of duty.

In case of the insured amount of duty stated herein being loss than the full amount of duty mentioned above, this company’s liability shall not exceed such proportion of the loss sustained on duty as the former bears to the latter.

The assured shall, when this company so elects, surrender the goods to the customs authorities and avoid duty payment, and in case of any reduction in duty the amount so reduced shall be deducted in settling any loss for which this company may be liable.


商品名稱：EXCLUDING RUST, OXIDIZATION, DISCOLORATION AND

WATER DAMAGE RISK CLAUSE


44

中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276015 號函備查

承保範圍

Notwithstanding the provision in the insurance contract attached hereto. It is special understood and agreed that this clause excludes any loss of or damage to the goods hereby insured whichever has been caused by Rust, Oxidization, Discoloration (R.O.D.) and Water Damage risk.

In no case shall this company be not liable to pay any loss or damage occurring R.O.D. and water damage stated in this contract. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：EXHIBITION CLAUSE


承保範圍 1. In Consideration of premium charged, this policy is extended to cover the insured

property while located at exhibits in , , , , , prior to exhibition, while on exhibition and during preparation for return or ongoing shipment for the period as arranged.

2. This endorsement insures such property while on exhibition or demonstration

against All Risks of direct physical loss or damage from any external cause, except as hereinafter excluded.

3. This endorsement does not cover against:

a. Loss or damage caused by faulty operation. b. Ordinary wear and tear and/or gradual deterioration. c. Loss or damage to electrical appliances or devices of any kind including

wiring, arising from electrical injury or disturbances to the said electrical appliances or devices or wiring from artificial causes unless fire or other accident ensues, and then only for loss or damage from such ensuing fire or other accidents.

d. Infidelity or fraud by persons to whom the property is entrusted. (carriers for hire excepted)

e. War, invasion, acts of foreign enemies, hostilities, (whether war to be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, martial law, confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local

45

authority. f. Loss or damage caused by nuclear reaction or nuclear radiation or radioactive

contamination, all whether controlled or uncontrolled and whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by the perils insured against in this policy, however, subject to the foregoing and all provisions of this policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy.


商品名稱：EXTENDED TO COVER INSTALLATION RISKS

CLAUSE


承保範圍

Notwithstanding the provisions of the Transit Clause of Institute Cargo Clauses〈All Risks〉〈or the Institute Air Cargo Clauses 〈All Risks〉,it is specially noted and agreed that this policy extend to cover the subject-matter insured either

a. On delivery at the final destination and/or consignee’s assigned location after completion of installation with the consignee’s inspection, or

b. On the expiry of 1day for completion of the installation.

Whichever shall first occur. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：F.O.B. ENDORSEMENT


承保範圍

It is hereby understood and agreed that this policy is extended to cover, subject to its terms and conditions, goods and/or merchandise sold on F.O.B., F.A.S., or similar terms whereby marine insurance is effected by the buyer. This insurance attaches from

46

commencement of transit at the Assured’s plant or other place of shipment and terminates when the Assured’s interest ceases but not later than the time the goods and/or merchandise are laden on board the vessel, or at time of transfer of title, whichever shall first occur.

This insurance includes any lighter age, and for not exceeding twenty-one days while held at terminals, on wharves, piers, docks, quays, storage barges, boats and lighters while awaiting loading on board the vessel or held covered at an additional premium if required, provided prompt notice is given the Company.

This insurance, however, is not to attach as respects any goods and/or merchandise if, at the time of loss or damage, there is any other insurance which would attach if the coverage provided under the endorsement had not been effected, except that this insurance shall apply only as excess and in no even as contributing insurance and then only after all other insurance has been exhausted. Nevertheless, any direct loss sustained by the assured otherwise recoverable hereunder shall be advanced as a loan without interest repayable out of any recovery the assured may receive out of such other insurance. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：FRESH WATER CLAUSE


承保範圍 To cover loss or damage directly caused by rain and/or fresh water, but no claim to attach hereto unless packages show external signs of Such damage to contents, and notice of loss is given immediately upon the expiry of this policy. Warranted that no claim shall be paid under this policy unless supported by a survey report issued by a surveyor appointed by the Insurer’s agents at destination. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：FROZEN MEAT CLAUSES (A) – 24 HOURS BREAKDOWN(NOT

SUITABLE FOR CHILLED, COOLED OR FRESH MEAT)


承保範圍 1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below.

1.1 all risks of loss of or damage to the subject-matter insured, other than loss or Risks

Clause

47

damage resulting from any variation in temperature howsoever caused, 1.2 loss of or damage to the subject-matter insured resulting from any variation

in temperature attributable to 1.2.1 breakdown of refrigerating machinery resulting in its stoppage for a

period of not less than 24 consecutive hours 1.2.2 fire or explosion 1.2.3 vessel or craft being stranded grounded sunk or capsized 1.2.4 overturning or derailment of land conveyance 1.2.5 collision or contact of vessel craft or conveyance with any external

object other than water 1.2.6 discharge of cargo at a port of distress.

2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.

3. This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment “Both to Blame Collision” clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim. 不保事項 4. In no case shall this insurance cover 4.1 loss damage or expense attributable to willful misconduct of the

Assured 4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear


packing or preparation of the subject-matter insured (for the purpose of this Clause 4.3 “Packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)

4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured (except loss damage or expense resulting from variation in temperature specifically covered under Clause 1.2 above)


4.6 loss damage or expense caused by insolvency or financial default of the owners managers charters or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the

General


48

Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage. This exclusion shall not apply where this insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract


4.8 loss damage or expense on shore caused directly or indirectly by earthquake, volcanic eruption and/or fire resulting therefrom.

4.9 loss damage or expense arising from any failure of the Assured or their servants to take all reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or, where appropriate, properly insulated and cooled space.

5.

5.1 In no case shall this insurance cover loss of or damage or expense arising from 5.1.1 unseaworthiness of vessel or craft, or unfitness of vessel or

craft for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.

5.1.2 Unfitness of container liftvan or land conveyance for the safe carriage of the subject-matter insured, where loading therein is carried out prior to attachment of this insurance or by the Assured or their servants.

5.2 Where this insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract, exclusion 5.1.1 above shall not apply.

5.3 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject matter insured to destination.

6. In no case shall this insurance cover loss of or damage or expense caused by

6.1 war, civil war, revolution rebellion insurrection or civil strife arising therefrom, or any hostile act by or against a belligerent power

6.2 capture seizure arrest restraint or detainment (piracy excepted) and the consequences thereof or any attempt thereat


7. In no case shall this insurance cover loss damage or expense

Unseaworth

iness and

Unfitness

War

Strikes

49



7.3 any terrorist or any person acting from a political motive. 個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：HIGHWAY TRANSPORTATION CLAUSE


承保範圍

Risks attach from the time the goods are loaded on the carrying motor truck at the place as named in the policy, for the commencement of the transit and continue in due course of transportation until safe arrival of the carrying motor truck at depot, station, store or consignee's warehouse at the destination named in the policy.

This insurance covers loss or damage caused by breakdown of highway, tunnels &/or bridge and fire, earthquake, windstorm, flood, lightning, explosion, overturning &/or collision of the carrying motor truck and including the risk of fire whilst in transit &/or awaiting delivery (while in the custody of a common carrier) at highway depots, station, garage &/or platforms incidental to transportation, but such risk of fire not to continue for a period longer than xx (xx) days at any one point.

Warranted, free from loss or damage resulting from rain, hail, snow, theft, piracy, robbery, riot, civil commotion, brigandage and war risk. Excluding the risks of delay &/or deterioration. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：HIGHWAY TRANSPORTATION CLAUSE (ALL

RISKS)


承保範圍

This insurance attaches from the time the insured interest is loaded on the carrying motor vehicle at the place named in the policy to the commencement of transit, and is continuous in due course of transportation until safe arrival of the carrying motor truck at the depot, station, store or the consignee′s warehouse at the destination named in the

50

policy but not for a period longer than xx (xx) days.

This insurance covers against all risks of physical loss of or damage to the insured interest from any external cause, but shall in no case be deemed to extend to include loss of or damage to the insured interest proximately caused by delay or inherent vice or nature or gradual deterioration.

This insurance excludes loss or damage resulting from war risks, and theft by any person or persons in the Assured′s service or employment. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：IMPORTANT CLAUSE


承保範圍 PROCEDURE IN THE EVENT OF LOSS OR DAMAGE FOR WHICH UNDRWRITERS MAY BELIABLE LIABILITY OF CARRIERS, BAILEES OR OTHER THIRD PARTIES It is the duty of the Assured and their Agents, in all cases, to take such measures as may be reasonable for the purpose of averting or minimizing a loss and to ensure that all rights against Carriers, Bailees or other third parties are properly preserved and exercised. In particular, the Assured or their Agents are required : 1. To claim immediately on the Carriers, Post Authorities or other Bailees for any

missing packages. 2. In no circumstances, except under written protest, to give clean receipts where

goods are in doubtful condition. 3. When delivery is made by Container, to ensure that the Container and its seals are

examined immediately by their responsible official. If the Container is delivered damaged or with seals broken or missing or with seals other than as stated in the shipping documents, to clause the delivery receipt accordingly and retain all defective or irregular seals for subsequent identification

4. To apply immediately for survey by Carriers’ or other Bailees’ Representatives if any loss or damage be apparent and claim on the Carriers or other Bailees for any actual loss or damage found at such survey.

5. To give notice in writing to the Carriers or other Bailees within 3 days of delivery if the loss or damage was not apparent at time of taking delivery.

NOTE : The Consignees or their Agents are recommended to make themselves familiar with the Regulations of the Port Authorities at the port of discharge. 不保事項同主保險契約個人保險商品預定費用率

51

不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE FROZEN FOOD

CLAUSES(C)(EXCLUDING FROZEN MEAT)


承保範圍 1. RISKS COVERED

This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below. 1.1 loss of or damage to the subject-matter insured attributable to

1.1.1 fire or explosion 1.1.2 vessel or craft being stranded grounded sunk or capsized 1.1.3 overturning or derailment of land conveyance

1.1.4 collision or contact of vessel craft or conveyance with any external object other than water

1.1.5 discharge of cargo at a port of distress, 1.2 loss of or damage to the subject-matter insured caused by

1.2.1 general average sacrifice 1.2.2 jettison

2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.

3. This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment “Both to Blame Collision” clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim. 不保事項 4. EXCLUSIONS In no case shall this insurance cover

4.1 loss damage or expense attributable to wilful misconduct of the Assured 4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear


packing or preparation of the subject-matter insured (for the purpose of this Clause 4.3 “Packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to

Risks

General

Average

Clause

“Both to

Blame

Collision

”

General

52

attachment of this insurance or by the Assured or their servants) 4.4 loss damage or expense caused by inherent vice or nature of the

subject-matter insured 4.5 loss damage or expense proximately caused by delay, even though the

delay be caused by a risk insured against (except expenses payable under Clause 2 above)

4.6 loss damage or expense arising from insolvency or financial default of the owners managers charters or operators of the vessel



4.9 loss damage or expense arising from any failure of the Assured or their servants to take all reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or, where appropriate, properly insulated and cooled space

4.10 any loss damage or expense otherwise recoverable hereunder unless prompt notice thereof is given to the Underwriters and, in any event, not later than 30 days after the termination of this insurance

5.

5.1 In no case shall this insurance cover loss of or damage or expense arising from unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured, where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.



6.1 war, civil war, revolution rebellion insurrection or civil strife arising therefrom or any hostile act by or against a belligerent power

6.2 capture seizure arrest restraint or detainment and the consequences thereof or any attempt thereat


7. In no case shall this insurance cover loss damage or expense 7.1 caused by strikers, locked-out workmen, or persons taking part in labour

Unseaworthiness and Unfitness Clause



53


commotions 7.3 any terrorist or any person acting from a political motive.


商品名稱：INSTITUTE CARGO CLAUSE (ALL RISKS)


承保範圍 1. This insurance attaches from the time the goods leave the warehouse or place of

storage at the place named in the policy for the commencement of the transit, continuesduring the ordinary course of transit and terminates either on delivery

(a) to the Consignees' or other final warehouse or place of storage at the destination named in the policy,

(b) to any other warehouse or place of storage, whether prior to or at the destination named in the policy, which the Assured elect to use either

(i) for storage other than in the ordinary course of transit or (ii) for allocation or distribution, or

(c) on the expiry of 60 days after completion of discharge overside of the goodshereby insured from the oversea vessel at the final port of discharge, whichever shall first occur.

If, after discharge overside from the oversea vessel at the final port of discharge ,but prior to termination of this insurance, the goods are to be forwarded to a destination other than that to which they are insured hereunder, this insurance whilst remaining subject to termination as provided for above, shall not extend beyond the commencement of transit to such other destination.

This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 2 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.

2. If owing to circumstances beyond the control of the Assured either the contract of

affreightment is terminated at a port or place other than the destination named therein or the adventure is otherwise terminated before delivery of the goods as

54

provided for in Clause 1 above, then, subject to prompt notice being given to underwriters and to an additional premium if required, this insurance shall remain in force until either

(i) the goods are sold an delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at such port or place, whichever shall first occur,

(ii) if the goods are forwarded within the said period of 60 days (or any agreed extension thereof)to the destination named in the policy or to any other destination until terminated in accordance with the provisions of Clause 1 above.

3. Including transit by craft raft or lighter to or from the vessel. Each craft raft or

lighter to be deemed a separate insurance. The Assured are not to be prejudiced by any agreement exempting lightermen from liability.

4. Held covered at a premium to be arranged in case of change of voyage or of any

omission or error in the description of the interest vessel or voyage. 5. This insurance is against all risks of loss of or damage to the subject-matter insured

but shall in no case to be deemed to extend to cover loss damage or expense proximately caused by delay or inherent vice or nature of the subject-matter insured. Claims recoverable hereunder shall be payable irrespective of percentage.

6. No claim for Constructive Total Loss shall be recoverable hereunder unless the

goods are reasonably abandoned either on account of their actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the goods to the destination to which they are insured would exceed their value on arrival.

7. General Average and Salvage Charges payable according to Foreign Statement or to

York-Antwerp Rules if in accordance with the contract of affreightment. 8. The seaworthiness of the vessel as between the Assured and Underwriters is hereby

admitted. In the event of loss the Assured's right of recovery hereunder shall not be prejudiced by the fact that the loss may have been attributable to the wrongful act or misconduct of the shipowners or their servants, committed without the privity of the Assured.

9. It is the duty of the Assured and their Agents, in all cases, to take such measures as may be reasonable for the purpose of averting or minimising a loss and to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised.

10. This insurance shall not inure to the benefit of the carrier or other bailee.

55

11. This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.

12. Warranted free of capture, seizure, arrest, restraint or detainment, and the consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision, contact with any fixed or floating object(other than a mine or torpedo),stranding, heavy weather or fire unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing)by a hostile act by or against a belligerent power; and for the purpose of this warranty "power" includes any authority maintaining naval, military or air forces in association with a power. Further warranted free from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy.

Should Clause No.12 be deleted, the relevant current Institute War Clauses shall be deemed to form part of this insurance.

13. Warranted free of loss or damage (a) caused by strikers, locked-out workmen, or persons taking part in labour

disturbances, riots or civil commotions; (b) resulting from strikes, lock-outs, labour disturbances, riots or civil

commotions. Should Clause No. 13 be deleted, the relevant current Institute Strikes Riots and Civil Commotions Clauses shall be deemed to form part of this Insurance. 14. It is a condition of this insurance that the Assured shall act with reasonable

despatch in all circumstances within their control. NOTE-It is necessary for the Assured when they become aware of an event which is "held covered" under this insurance to give prompt notice to Underwriters and the right to such cover is dependent upon compliance with this obligation. 不保事項 1.Warranted free of capture, seizure, arrest, restraint or detainment, and the

consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision, contact with any fixed or floating object(other than a mine or torpedo),stranding, heavy weather or fire unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing)by a hostile act by or against a belligerent power; and for the purpose of this warranty

56

"power" includes any authority maintaining naval, military or air forces in association with a power.

Further warranted free from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy. Should Clause No.12 be deleted, the relevant current Institute War Clauses shall be deemed to form part of this insurance.

2.Warranted free of loss or damage (a)caused by strikers, locked-out workmen, or persons taking part in labour

disturbances, riots or civil commotions; (b)resulting from strikes, lock-outs, labour disturbances, riots or civil commotions.

Should Clause No. 13 be deleted, the relevant current Institute Strikes Riots and Civil Commotions Clauses shall be deemed to form part of this Insurance.


商品名稱：INSTITUTE CARGO CLAUSE (F.P.A.)

核准日期及文號 99 年 04 月 23 日新安東京海上 99 字第 022102 號函備查承保範圍 1. This insurance attaches from the time the goods leave the warehouse or place of

storage at the place named in the policy for the commencement of the transit, continues during the ordinary course of transit and terminates either on delivery (a) to the Consignees' or other final warehouse or place of storage at the

destination named in the policy, (b) to any other warehouse or place of storage, whether prior to or at the

destination named in the policy, which the Assured elect to use either (i) for storage other than in the ordinary course of transit

or (ii) for allocation or distribution,

or (c) on the expiry of 60 days after completion of discharge overside of the goodshereby insured from the oversea vessel at the final port of discharge, whichever shall first occur.

If, after discharge overside from the oversea vessel at the final port of discharge ,but prior to termination of this insurance, the goods are to be forwarded to a destination other than that to which they are insured hereunder, this insurance whilst remaining subject to termination as provided for above, shall not extend beyond the commencement of transit to such other destination. This insurance shall remain in force (subject to termination as provided for above

57

and to the provisions of Clause 2 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.


affreightment is terminated at a port or place other than the destination named therein or the adventure is otherwise terminated before delivery of the goods as provided for in Clause 1 above, then, subject to prompt notice being given to underwriters and to an additional premium if required, this insurance shall remain in force until either (i) the goods are sold an delivered at such port or place, or, unless otherwise

specially agreed, until the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at such port or place, whichever shall first occur,




4. Held covered at a premium to be arranged in case of change of voyage or of any

omission or error in the description of the interest vessel or voyage. 5. Warranted free from Particular Average unless the vessel or craft be stranded,

sunk, or burnt, but notwithstanding this warranty the Underwriters are to pay the insured value of any package or packages which may be totally lost in loading, transhipment or discharge, also for any loss of or damage to the interest insured which may reasonably be attributed to fire, explosion, collision or contact of the vessel and/or craft and/or conveyance with any external substance (ice included)other than water, or to discharge of cargo at a port of distress, also to pay special charges for landing warehousing and forwarding if incurred at an intermediate port of call or refuge, for which Underwriters would be liable under the standard form of English Marine Policy with the Institute Cargo Clauses (W.A.) attached.

This Clause shall operate during the whole period covered by the policy.

6. No claim for Constructive Total Loss shall be recoverable hereunder unless the goods are reasonably abandoned either on account of their actual total loss

58

appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the goods to the destination to which they are insured would exceed their value on arrival.

7. General Average and Salvage Charges payable according to Foreign Statement or to York-Antwerp Rules if in accordance with the contract of affreightment.

8. The seaworthiness of the vessel as between the Assured and Underwriters is hereby admitted. In the event of loss the Assured's right of recovery hereunder shall not be prejudiced by the fact that the loss may have been attributable to the wrongful act or misconduct of the shipowners or their servants, committed without the privity of the Assured.



11. This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable hereunder.

In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.

12. Warranted free of capture, seizure, arrest, restraint or detainment, and the consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision, contact with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather or fire unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing)by a hostile act by or against a belligerent power; and for the purpose of this warranty "power" includes any authority maintaining naval, military or air forces in association with a power.

Further warranted free from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy.

Should Clause No.12 be deleted, the relevant current Institute War Clauses shall be deemed to form part of this insurance.

59

13. Warranted free of loss or damage (a) caused by strikers, locked-out workmen, or persons taking part in labour

disturbances, riots or civil commotions; (b) resulting from strikes, lock-outs, labour disturbances, riots or civil

commotions. Should Clause No. 13 be deleted, the relevant current Institute Strikes Riots and Civil Commotions Clauses shall be deemed to form part of this Insurance. 14. It is a condition of this insurance that the Assured shall act with reasonable

dispatch in all circumstances within their control. NOTE-It is necessary for the Assured when they become aware of an event which is "held covered" under this insurance to give prompt notice to Underwriters and the right to such cover is dependent upon compliance with this obligation. 不保事項 1.Warranted free of capture, seizure, arrest, restraint or detainment, and the

consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision, contact with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather or fire unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing)by a hostile act by or against a belligerent power; and for the purpose of this warranty "power" includes any authority maintaining naval, military or air forces in association with a power.


2.Warranted free of loss or damage

(a)caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions;

(b)resulting from strikes, lock-outs, labour disturbances, riots or civil commotions. Should Clause No. 13 be deleted, the relevant current Institute Strikes Riots and Civil Commotions Clauses shall be deemed to form part of this Insurance.


商品名稱：INSTITUTE CARGO CLAUSE (W.A.)

60


承保範圍 1. This insurance attaches from the time the goods leave the warehouse or place of

storage at the place named in the policy for the commencement of the transit,continuesduring the ordinary course of transit and terminates either on delivery (a) to the Consignees' or other final warehouse or place of storage at the

destination named in the policy, (b) to any other warehouse or place of storage, whether prior to or at the

destination named in the policy, which the Assured elect to use either (i) for storage other than in the ordinary course of transit

or (ii) for allocation or distribution,

or (c) on the expiry of 60 days after completion of discharge overside of the goodshereby insured from the oversea vessel at the final port of discharge,whichever shall first occur.

If, after discharge overside from the oversea vessel at the final port of discharge ,but prior to termination of this insurance, the goods are to be forwarded to a destination other than that to which they are insured hereunder, this insurance whilst remaining subject to termination as provided for above, shall not extend beyond the commencement of transit to such other destination. This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 2 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.


affreightment is terminated at a port or place other than the destination named therein or the adventure is otherwise terminated before delivery of the goods as provided for in Clause 1 above, then, subject to prompt notice being given to underwriters and to an additional premium if required, this insurance shall remain in force until either

(i) the goods are sold an delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at such port or place, whichever shall first occur,


61



4. Held covered at a premium to be arranged in case of change of voyage or of any omission or error in the description of the interest vessel or voyage.

5. Warranted free from average under the percentage specified in the policy, unless general, or the vessel or craft be stranded, sunk or burnt, but notwithstanding this warranty the Underwriters are to pay the insured value of any package which may be totally lost in loading, transhipment or discharge, also for any loss of or damage to the interest insured which may reasonably be attributed to fire, explosion, collision or contact of the vessel and/or craft and/or conveyance with any external substance (ice included) other than water, or to discharge of cargo at a port of distress. This Clause shall operate during the whole period covered by the policy.

6. No claim for Constructive Total Loss shall be recoverable hereunder unless the goods are reasonably abandoned either on account of their actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the goods to the destination to which they are insured would exceed their value on arrival.

7. General Average and Salvage Charges payable according to Foreign Statement or to York-Antwerp Rules if in accordance with the contract of affreightment.

8. The seaworthiness of the vessel as between the Assured and Underwriters is hereby admitted. In the event of loss the Assured's right of recovery hereunder shall not be prejudiced by the fact that the loss may have been attributable to the wrongful act or misconduct of the shipowners or their servants, committed without the privity of the Assured.



11. This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both to Blame Collision" Clause as

62

is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree

to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.

12. Warranted free of capture, seizure, arrest, restraint or detainment, and the consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision, contact with any fixed or floating object(other than a mine or torpedo),stranding, heavy weather or fire unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing)by a hostile act by or against a belligerent power; and for the purpose of this warranty "power" includes any authority maintaining naval, military or air forces in association with a power. Further warranted free from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy. Should Clause No.12 be deleted, the relevant current Institute War Clauses shall be deemed to form part of this insurance.

13. Warranted free of loss or damage

(a) caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions;

(b) resulting from strikes, lock-outs, labour disturbances, riots or civil commotions.


14. It is a condition of this insurance that the Assured shall act with reasonable

despatch in all circumstances within their control. NOTE-It is necessary for the Assured when they become aware of an event which is "held covered" under this insurance to give prompt notice to Underwriters and the right to such cover is dependent upon compliance with this obligation. 不保事項 1.Warranted free of capture, seizure, arrest, restraint or detainment, and the

consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision, contact with any fixed or floating object(other than a mine or torpedo),stranding, heavy weather or fire unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing)by a hostile

63

act by or against a belligerent power; and for the purpose of this warranty "power" includes any authority maintaining naval, military or air forces in association with a power.


2.Warranted free of loss or damage (a)caused by strikers, locked-out workmen, or persons taking part in labour

disturbances, riots or civil commotions; (b) resulting from strikes, lock-outs, labour disturbances, riots or civil commotions.



商品名稱：INSTITUTE CLASSIFICATION CLAUSE


承保範圍 QUALIFYING VESSELS

1) This Insurance and the marine transit rates as agrees in the policy or open cover apply only to cargoes and/or interests carried by mechanically self-propelled vessels of steel construction classed with a Classification Society which is: 1.1 a Member or Associate Member of the international Association of

Classification Societies (IACS), or 1.2 a National Flag Society as defined in Clause 4 below, but only where the

vessel is engaged exclusively in the coastal trading of that nation (Including trading on aninter-island route within an archipelago of which that nation forms part). Cargoes and/or interests carried by vessels not classed as above must be notified promptly to Underwriter for rates and conditions to be agreed. Should a loss occur prior to such agreement being obtained cover may be provided but only if cover would have been available at a reasonable commercial market rate on reasonable commercial market terms.

AGE LIMITATION 2) Cargoes and/or Interest carried Qualifying Vessels (as defined above) which

exceed the following age limits will be insured on the policy or open cover conditions subject to an additional premium to be agreed.Bulk or combination

64

carriers over 10 years of age or other vessels over 15 years of age unless they; 2.1 have been used for the carriage of general cargo on an established and

regular pattern of trading between a range of specified ports, and do not exceed 25 years of age, or

2.2 were constructed as containerships, vehicle carriers or double-skin open-hater gantry crane vessels (OHGCs) and have been continuously used as such on an established and regular pattern of trading between a range of specified ports, and do not exceed 30 years of age.

CRAFT CLAUSE 3) The requirements of this Clause do not apply to any craft used to load or unload

the vessel within the port area NATIONAL FLAG SOCIETY 4) A National Flag Society is a Classification Society, which is domiciled in the same

country as the owner of the vessel in question, which must also operate under the flag of that country.

PROMPT NOTICE 5) Where this Insurance requires the assured to give prompt notice to the

Underwriters, the right to cover is dependent upon compliance with that obligation.

LAW ANAD PRACTICE 6) This Insurance is subject to English law and practice. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE DANGEROUS DRUG CLAUSE

核准日期及文號中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276029 號函備查承保範圍 “It is understood and agreed that no claim under this policy will be paid in respect to drugs to which the various International Conventions relating to Opium and other dangerous drugs apply unless (1) the drugs shall be expressly declared as such in the policy and the name of the

country from which, and the name of the country to which they are consigned shall be specifically stated in the policy and

(2) the proof of loss is accompanied either by a licence, certificate or authorization

65

issued by the Government of the country to which the drugs are consigned showing that importation of the consignment into that country has been approved by that Government, or, alternatively, by a licence, certificate or authorization issued by the Government of the country from which the drugs are consigned showing that the export of the consignment to the destination stated has been approved by that Government; and the route by which the drugs were conveyed was usual and customary.”


商品名稱：INSTITUTE FOSFA TRADES CLAUSES ( C )


承保範圍


商品名稱：INSTITUTE FROZEN FOOD CLAUSES

(A)(EXCLUDING FROZEN MEAT)


承保範圍 1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below.

1.1 all risks of loss of or damage to the subject-matter insured, other than loss or damage resulting from any variation in temperature howsoever caused,

1.2 loss of or damage to the subject-matter insured resulting from any variation in

Risks

66

temperature attributable to 1.2.1 breakdown of refrigerating machinery resulting in its stoppage for a

period of not less than 24 consecutive hours 1.2.2 fire or explosion 1.2.3 vessel or craft being stranded grounded sunk or capsized 1.2.4 overturning or derailment of land conveyance


1.2.6 discharge of cargo at a port of distress. 2. This insurance covers general average and salvage charges, adjusted or

determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.

3. This insurance is extended to indemnify the Assured against such proportion of

liability under the contract of affreightment “Both to Blame Collision” clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.

不保事項 4. In no case shall this insurance cover 4.1 loss damage or expense attributable to willful misconduct of the Assured


4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 4.3 “Packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)

4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured (except loss damage or expense resulting from variation in temperature specifically covered under Clause 1.2 above)

4.5loss damage or expense proximately caused by delay, even though the delay

be caused by a risk insured against (except expenses payable under Clause 2

above) 4.6 loss damage or expense arising from insolvency or financial default of the

owners managers charters or operators of the vessel 4.7 loss damage or expense arising from the use of any weapon of war

General


67

employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter

4.8 loss damage or expense arising from any failure of the Assured or their

servants to take all reasonable precautions to ensure that the subject-matter

insured is kept in refrigerated or, where appropriate, properly insulated

and cooled space 4.9 any loss damage or expense otherwise recoverable hereunder unless prompt

notice thereof is given to the Underwriters and, in any event, not later than 30 days after the termination of this insurance.

5.

5.1 In no case shall this insurance cover loss of or damage or expense arising from unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured,where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.



6.1 war, civil war, revolution rebellion insurrection or civil strife arising therefrom, or any hostile act by or against a belligerent power

6.2 capture seizure arrest restraint or detainment (piracy excepted) and the consequences thereof or any attempt thereat

6.3 derelict mines torpedoes bombs or other derelict weapons of war. 7. In no case shall this insurance cover loss damage or expense




商品名稱：INSTITUTE FROZEN MEAT CLAUSES (C)– 24 HOURS

Unseaworthiness

and Unfitness

Exclusion

Clause

War

Strikes

68

BREAKDOWN


承保範圍 1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below. 1.1 loss of or damage to the subject-matter insured attributable to 1.1.1 fire or explosion 1.1.2 vessel or craft being stranded grounded sunk or capsized 1.1.3 overturning or derailment of land conveyance


1.1.5 discharge of cargo at a port of distress. 1.1.6 breakdown of refrigerating machinery resulting in its stoppage for a

period of not less than 24 consecutive hours 1.2 loss of or damage to the subject-matter insured caused by 1.2.1 general average sacrifice 1.2.2 jettison. 2. This insurance covers general average and salvage charges, adjusted or determined

according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.

3. This insurance is extended to indemnify the Assured against such proportion of

liability under the contract of affreightment “Both to Blame Collision” clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.

不保事項 4. In no case shall this insurance cover 4.1 loss damage or expense attributable to willful misconduct of the Assured


4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 4.3 “Packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)

4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured (except loss damage or expense resulting from

Risks

General

“Both to Blame Collision”

69

variation in temperature specifically covered under Clause 1.2 above) 4.5 loss damage or expense proximately caused by delay, even though the delay

be caused by a risk insured against (except expenses payable under Clause 2 above)

4.6 loss damage or expense caused by insolvency or financial default of the owners managers charters or operators of the vessel where,at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage. This exclusion shall not apply where this insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract

4.7deliberate damage to or deliberate destruction of the subject-matter insured or any part thereof by the wrongful act of any person or persons

4.8loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter

4.9 loss damage or expense on shore caused directly or indirectly by earthquake, volcanic eruption and/or fire resulting therefrom

4.10loss damage or expense arising from any failure of the Assured or their servants to take all reasonable precautions to ensure that the subject-matter insured is kept in refrigerated or, where appropriate, properly insulated and cooled space.

5.

5.1 In no case shall this insurance cover loss of or damage or expense arising from 5.1.1 unseaworthiness of vessel or craft, or unfitness of vessel or craft

for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.

5.1.2 Unfitness of container liftvan or land conveyance for the safe carriage of the subject-matter insured, where loading therein is carried out prior to attachment of this insurance or by the Assured or their servants.

5.2 Where this insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract, exclusion 5.1.1 above shall not apply.

5.3 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject matter insured to destination.


War

70

6. In no case shall this insurance cover loss of or damage or expense caused by 6.1 war, civil war, revolution rebellion insurrection or civil strife arising

therefrom, or any hostile act by or against a belligerent power 6.2 capture seizure arrest restraint or detainment (piracy excepted) and the

consequences thereof or any attempt thereat 6.3 derelict mines torpedoes bombs or other derelict weapons of war. 7. In no case shall this insurance cover loss damage or expense




商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION

EXCLUSION CLAUSE


承保範圍

This Clause shall be paramount and shall override anything contained in this Contract

inconsistent therewith 1. In no case shall this Contract cover loss damage liability or expense directly or

indirectly caused by or contributed to by or arising from ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter


商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION,

CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND

Strikes

71

ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE


承保範圍

This Clause shall be paramount and shall override anything contained in this Contract

inconsistent therewith 1. In no case shall this Contract cover loss damage liability or expense directly or

indirectly caused by or contributed to by or arising from

1.1 ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel

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

1.3 any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter

1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.

1.5 any chemical, biological, bio-chemical, or electromagnetic weapon. 不保事項同主保險契約


商品名稱：INSTITUTE STRIKES CLAUSES (AIR CARGO)


承保範圍 1. This insurance covers, except as provided in Clause 2 below, loss of or damage

to the subject-matter insured caused by 1.1 strikers, locked-out workmen, or persons taking part in labour disturbances,

riots or civil commotions 1.2 any terrorist or any person acting from a political motive.



72

tear of the subject-matter insured 2.3 loss damage or expense caused by insufficiency or unsuitability of packing

or preparation of the subject-matter insured (for the purpose of this Clause 2.3 “packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)


2.5 loss damage or expense arising from unfitness of aircraft conveyance container or liftvan for the safe carriage of the subject -matter insured, where the Assured or their servants are privy to such unfitness at the time the subject-matter insured is loaded therein



2.8 loss damage or expense arising from the absence shortage or withholding of labour of any description whatsoever resulting from any strike, lockout, labour disturbance, riot or civil commotion

2.9 any claim based upon loss of or frustration of the voyage or adventure 2.10 loss damage or expense arising from the use of any weapon of war


2.11 loss damage or expense caused by war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power.


商品名稱：INSTITUTE STRIKES CLAUSES (CARGO)


承保範圍 1. This insurance covers, except as provided in Clauses 3 and 4 below, loss of or

damage to the subject-matter insured caused by 1.1 strikers, locked-out workmen, or persons taking part in labour disturbances,


2. This insurance covers general average and salvage charges, adjusted or

determined according to the contract of affreightment and/or the governing law


Risk

73

and practice, incurred to avoid or in connection with the avoidance of loss from a risk covered under these clauses.









3.8 any claim based upon loss of or frustration of the voyage or adventure 3.9 loss damage or expense arising from the use of any weapon of war



4.

4.1 In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured, where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded wherein.


商品名稱：INSTITUTE STRIKES CLSUSES (FOSFA TRADES)


Unseaworthiness

and Unfitness

Exclusion

Clause

74


承保範圍


商品名稱：Institute Theft, Pilferage and Non-Delivery Clause


承保範圍 In consideration of an additional premium, it is hereby agreed that this insurance covers loss of or damage to the subject-matter insured caused by the theft or pilferage, or by non-delivery of an entire package, subject always to the exclusions contained in this insurance. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE WAR CANCELLATION CLAUSE

(CARGO)

核准日期及文號中華民國 97年 06月 13日新安東京海上 97字第 0276039號函備查

承保範圍 The cover against war risks (as defined in the relevant Institute War Clause) may be cancelled by either the Underwriters or the Assured except in respect of any insurance which shall have attached in accordance with the conditions of the Institute War Clauses before the cancellation becomes effective. Such cancellation shall however only become effective on the expiry of 7 days from midnight of the day on which notice of the cancellation is insured by or to the Underwriters. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE WAR CLSUSES (FOSFA TRADES )

75


承保範圍


商品名稱：INSTITUTE WAR CLAUSES (AIR CARGO)

(EXCLUDING SENDINGS BY POST)


承保範圍 1. This insurance covers, except as provided in Clause 2 below, loss of or damage to

the subject-matter insured caused by 1.1 war civil war revolution rebellion insurrection, or civil strife arising

therefrom, or any hostile act by or against a belligerent power 1.2 capture seizure arrest restraint or detainment, arising from risks covered

under 1.1 above, and the consequences thereof or any attempt thereat 1.3 derelict mines torpedoes bombs or other derelict weapons of war. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE WAR CLAUSES (CARGO)


承保範圍 1. This insurance covers, except as provided in Clauses 3 and 4 below, loss of or

damage to the subject-matter insured caused by 1.1 war civil war revolution rebellion insurrection, or civil strife arising


under 1.1 above, and the consequences thereof or any attempt thereat

Risks

76


2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from a risk covered under these clauses.








3.7 any claim based upon loss of or frustration of the voyage or adventure 3.8 loss damage or expense arising from any hostile use of any weapon of war

employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

4.

4.1 In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured, where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.



General

Average

Clause


Unseaworthiness And Unfitness Exclusion Clause

77

商品名稱：INSTITUTE WAR CLAUSES(SENDINGS BY POST)


承保範圍 RISKS COVERED 1 This insurance covers, except as provided in Clause 3 below, loss of or damage to the subject

-matter insured caused by 1.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any

hostile act by or against a belligerent power 1.2 capture seizure arrest restraint or detainment, arising from risks covered under 1.1 above,

and the consequences thereof or any attempt thereat 1.3 derelict mines torpedoes bombs or other derelict weapons of war. 2 This insurance covers general average and salvage charges, adjusted or determined according

to the contract of affreightment and/or the governing law and practice incurred to avoid or in connection with the avoidance of loss from a risk covered under these clause

不保事項 EXCLUSIONS In no case shall this insurance cover 3.1 loss damage or expense attributable to wilful misconduct of the Assured 3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the

subject-matter insured 3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the

subject-matter insured (for the purpose of this Clause 3.3 “packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)

3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured 3.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk

insured against (except expenses payable under Clause 2 above) 3.6 any claim based upon loss of or frustration of the voyage or adventure 3.7 loss damage or expense arising from any hostile use of any weapon of war employing atomic or

nuclear fission and/or fusion or other likes reaction or radioactive force or matter. 個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：JETTY CLAUSE


承保範圍 Notwithstanding anything to the contrary contained herein, it is a special condition of this insurance that any loss or damage claimable hereunder must be surveyed in the landing sheds by a surveyor appointed by this Company’s agents stated is this Policy and that this Company’s shall not by liable for any loss or damage occurring or found after the above mentioned survey. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

78

請洽本公司

商品名稱：LABEL CLAUSE


承保範圍 In case of damage from perils insured against affecting labels only, loss to be limited to an amount sufficient to pay the cost of reconditioning cost of new labels and relabelling the goods provided the damage would have amounted to a claim under the terms of the policy. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：LIVESTOCK & POULTRY INSURANCE CLAUSE


承保範圍 This Company writes insurance on livestock and poultry shipped by sea , land or air on the following Provisions: 1.SCOPE OF COVER This Company shall be liable for all risks of mortality of the insured livestock and / or poultry during the course of transportation. 不保事項

2.EXCLUSIONS Notwithstanding the foregoing, this company shall not be liable for death or mortality: (1)caused by intentional act or fault of the Insured; (2)falling under the liability of the Consignor; (3)caused by war, strikes or delay in transit; (4)if the Insured livestock and / or poultry are not in a good state of health at the commencement of this insurance; (5)resulting from being in a parturient condition or from vaceination or inoculation or slaughter by authorities through infections for diseases or from lack of fodder, or from prohibition of import or export or failure to pass test.


商品名稱：MALICIOUS DAMAGE CLAUSE


承保範圍 In consideration of an additional premium. It is hereby agreed that Clauses 4.7 of the

79

institute Cargo Clauses is deemed to be deleted and further that this insurance covers loss of or damage to the subject-matter insured caused by malicious acts vandalism or sabotage, subject always to the other exclusions contained in this insurance. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：ON DECK SHIPMENT CLAUSE


承保範圍 Notwithstanding anything contained herein to the contrary, it is specially understood and agree that in the event of the interest hereby insured or any part thereof being carried on deck, whether by the exercise of liberty granted to shipowners or charters under the contract of affreightment or not, the conditions on such deckload shall be subject to Institute Cargo Clauses (C), including the risks of Jettison &Washing Overboard, as from the commencement of this insurance. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：OPEN-YARD STORAGE CLAUSE


承保範圍 Notwithstanding anything contained herein to the contrary, it is specially understood and agreed that in the event of the goods hereby insured or any part thereof being stored in the open-yard at the port of landing named in the policy, this Company’s liability for such goods shall be subject to ICC(C) only so long as they are so stored, provided, however, that the foregoing shall not apply in case of the Assured having given a previous notice of such storage to this Company and agreed to pay an additional premium required. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：PAIR & SET CLAUSE


80

承保範圍 Where any insured item consists of articles in a pair or set this policy is not to pay more than the value of any particular part or parts which may be lost or damaged, without reference to any special value which such article or articles may have as part of such pair or set; nor more than a proportionate part of the insured value of the pair or set. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：PARCEL POST INSURANCE -ALL RISKS


承保範圍 The liability of this Company to commerce from the time of registration until delivery of the packages at destination. Against all risks of physical loss or damage from any external cause whatsoever irrespective of percentage. Including the risks of Theft, Pilferage & Non-delivery subject to the following clauses:

A) It is hereby agreed that this policy covers the risk of Theft &/or Pilferage irrespective of percentage. No liability for loss to attach hereto unless notice of survey has been given to Post Office &/or Underwirters’ Agents at the place of destination before taking delivery of the packages insured and a written proof of shortage obtained.

B) It is hereby agreed that this policy covers the risk of Non-delivery of an entire package for which the liability of the Post Office or other carrier is limited reduced or negative by the Contract of Carriage by reason of the value of the goods.

Underwriters to be entitled to any amount recovered from the Post Office or other carriers in respect of such losses (less cost of recovery if any) up to amount paid by them in respect of the loss. In case of loss or damage under this policy claim must be immediately filed in writing against the Post Office or other carrier, and a copy thereof and of the reply thereto must accmpany any claim presented under this Policy. Post office Receipt for the Registered Parcel Post will be required as proof in case of claim. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

81

商品名稱：POSSESSION AND CONTROL CLAUSE


承保範圍 In the event of loss or damage from a peril insured herein to goods or merchandise carrying a brand or trademark or implying a guarantee of the manufacturers or of the Assured, the salvage value of such damaged goods or merchandise shall, at the option of the Assured, be determined after removal of all brands or trademarks. The Assured shall retain control of all damaged goods or merchandise and such goods or merchandise shall not be resold or otherwise disposed of without the Assured's consent. The Assured agrees wherever practicable to recondition and sell such goods or merchandise after removal of all brands and trademarks. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：RETURNED SHIPMENT CLAUSE


承保範圍 Extend to cover return cargo at the same terms and conditions of this cover on residual value basis, but excluding loss or damage resulting from rejecting reasons. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：SELLERS INTEREST CONTINGENCY CLAUSE


承保範圍 Shipments sold by the Assured on F.O.B., F.A.S., Cost and Freight or similar terms whereby the Assured is not obligated to furnish ocean marine insurance, will be covered under this policy, subject to all its terms and conditions, from the time:

(1) the buyer fails or refuses to accept the goods; (2) the buyer cancels the contract prior to arrival of the shipments at final

warehouse; and/or (3) the Assured exercises a lien on the goods or interrupts their transit, or

suspends the sale contract while the goods are in transit when this is reasonable to safeguard his interest.

82

Shipments insured under this clause will be valued at Assured’s selling price as per the contract of sale. In any such cases this insurance will cover during delay and/or return of the goods or until they are otherwise disposed of. Warranted that this insurance is not to be disclosed to the buyer; and that it will not be deemed double insurance. The Assured must use all reasonable and practical measures (including those which may be required by this Company), to prevent or minimize the loss and/or to enforce the sales contract. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：SMALL CLAIMS CLAUSE


承保範圍 In order to simplify the claim process, the Assured can file a claim against the Insurer in respect of the loss the claim amount of which is not exceeding NT$ (or the equivalent) provided that the Assured should notify the Insurer immediately upon discovering the loss in writing or by fax or telephone, and provide the following documents.

1. Statement of Claim. 2. Notice of Loss to the carriers. 3. Original B/L. 4. Packing List. 5. Commercial Invoice. 6. Loss supporting documents (varied according to the methods of transportation).

a. Damage Report issued by the carriers, customs or warehouse company. b. EIR (Equipment Interchange Receipt) issued by the container yard. c. Non-delivery Certificate issued by the carriers or air-carriers. d. Remarked Delivery order issued by inland carriers.

7. Photos (or warehousing documents).

Note: The Notice of Loss should be sent to the carriers by fax or mail within 3 days of taking delivery of insured cargoes. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：SPECIAL CLAUSE FOR CHEMICAL IN BULK (IOP)

83

核准日期及文號中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276056 號函備查承保範圍 Including the risks of explosion irrespective of percentage. To pay shortage irrespective of percentage. Above shortage shall be deemed not to contain the quantity which is used for slopping. Warranted that no transshipment is allowed. This insurance does not cover any loss or damage due to contamination unless otherwise specified. Notwithstanding anything contained in the Transit Clause of the Institute Cargo Clauses to the contrary, it is understood and agreed that this insurance attaches from the time the goods have passed the coupling of the pipe of shore tank at the port of shipment and continues thereafter as stipulated in the said clause, until the goods are discharged into the consignee’s or other shore tank at the port of destination named in the policy.

This insurance absolutely excludes any loss or damage while stored in shore tank. Requirements for survey and analysis prior to commencement of voyage

Warranted by the Assured that： 1) The ship’s (including loading coastal tanker &/or barge) tanks be cleaned, tested

and approved prior to loading of the goods. 2) The goods shall be analyzed, gauged and weighed at port of loading (including

the port of loading into coastal tanker &/or barge). 3) tanks of loading coastal tanker &/or barge be cleared out and dried up in full at

completion of loading of the goods onto overseas vessel and 4) the satisfactory certificates as to above mentioned surveys and analysis be given

by Lloyd’s or other Authorized Surveyor. Requirements for survey after arrival at port of discharge

Warranted that; 1) Our Authorized Surveyor shall take sample of the goods at time of discharge and

shall generally supervise the weighing, gauging, measuring and other operation for determination of condition of the goods, either prior to or during, or at completion of discharge from the overseas vessel.

2) the ship’s tanks be cleared out and dried up in full at completion of discharge from the overseas vessel into shore tank and

3) the satisfactory certificates as to above mentioned surveys be given by our Authorized Surveyor.


商品名稱：SPECIAL CLAUSE FOR CHEMICAL IN

84

BULK(EXCESS)


承保範圍 Including the risks of explosion irrespective of percentage. To pay shortage but only in excess of % on the whole shipment, unless caused by the vessel &/or craft being stranded, sunk, burnt or in collision. Above shortage shall be deemed not to contain the quantity which is used for slopping. Warranted that no transshipment is allowed. This insurance does not cover any loss or damage due to contamination unless otherwise specified. Notwithstanding anything contained in the Transit Clause of the Institute Cargo Clauses to the contrary, it is understood and agreed that this insurance attaches from the time the goods have passed the coupling of the pipe of shore tank at the port of shipment and continues thereafter as stipulated in the said clause, until the goods are discharged into the consignee’s or other shore tank at the port of destination named in the policy. This insurance absolutely excludes any loss or damage while stored in shore tank. Requirements for survey and analysis prior to commencement of voyage Warranted by the Assured that：

1) The ship’s (including loading coastal tanker &/or barge) tanks be cleaned, tested and approved prior to loading of the goods.

2) The goods shall be analyzed, gauged and weighed at port of loading (including the port of loading into coastal tanker &/or barge).

3) tanks of loading coastal tanker &/or barge be cleared out and dried up in full at completion of loading of the goods onto overseas vessel and

4) the satisfactory certificates as to above mentioned surveys and analysis be given by Lloyd’s or other Authorized Surveyor. Requirements for survey after arrival at port of discharge

Warranted that; 1) Our Authorized Surveyor shall take sample of the goods at time of discharge and

shall generally supervise the weighing, gauging, measuring and other operation for determination of condition of the goods, either prior to or during, or at completion of discharge from the overseas vessel.

2) the ship’s tanks be cleared out and dried up in full at completion of discharge from the overseas vessel into shore tank and

3) the satisfactory certificates as to above mentioned surveys be given by our Authorized Surveyor.


85

商品名稱：SPECIAL CLAUSE FOR COMPUTER SOFTWARE


承保範圍 In the event of loss of or damage to the subject matter insured which comprises of computer hardware and software, subject to the losses being caused by insured perils, the sum payable shall be limited to the loss of the hardware and the relevant costs of recopying the software. It is further understood and agreed that no matter what the insured amount will be, in no case shall the liability of the insurer arising from the aforesaid shall exceed dollars per unit. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：SPECIAL CLAUSE FOR FISHING PRODUCTS


承保範圍 The amount insured stated on this policy represents the underwriter’s maximum liability under this insurance. However, in the event of loss prior to landing on to Quay, the actual amount insured claimable and underwriter’s liability to be calculated on the last radioed advice to the Fishery bureau, or the SSB advice to the vessel’s owners.

Warranted that radio or SSB advice to be given to vessel’s owners on a regular basis and to state date, types of catch and position of vessel, all of that should be lodged in the books of the vessel’s owners available at any time for underwriter’s examination if required. This insurance will be cancelled at the underwriter’s option subject to 20 days cancellation clause.


商品名稱：SPECIAL CLAUSES (C) FOR AIR CARGO


86


承保範圍 1 This insurance covers, except as provided in Clauses 2, below,

1.1 loss of or damage to the subject-matter insured reasonably attributable to 1.1.1 fire or explosion 1.1.2 falling of the aircraft 1.1.3 overturning or derailment of land conveyance 1.1.4 collision or contact of aircraft or conveyance with any external object 1.1.5 discharge of cargo at an airport of distress

1.2 loss of or damage to the subject-matter caused by 1.2.1 jettison


2.1 loss damage or expense attributable to willful misconduct of the Assured 2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear


preparation of the subject-matter insured (for the purpose of this Clause 2.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)


2.5 loss damage or expense arising from unfitness of aircraft conveyance container or liftvan for the safe carriage of the subject-matter insured, where the Assured or their servants are privy to such unfitness at the time the subject-matter insured is loaded therein




2.9 Deliberate damages to or deliberate destruction of the subject matter insured or any part thereof by the wrongful act of any person or persons.

3 In no case shall this insurance cover loss damage or expense caused by


3.2 capture seizure arrest restraint or detainment (piracy excepted), and the

87


4 In no case shall this insurance cover loss damage or expense



4.3 caused by any terrorist or any person acting from a political motive. 個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：SPECIAL WARRANTY FOR STEEL CARGO IN BULK


承保範圍 It is hereby warranted that 1 Surveys at the ports of loading and discharge shall be conducted by Lloyds’

surveyors or others approved by the Underwriters to certify weight and number of pieces of the insured cargo. Such survey fees shall be at the expense of the Assured.

2 The age of the carrying vessel shall not exceed xx years.

Additional premiums are required of the carrying vessel between the ages of xx and xx in accordance with the current “ Marine Cargo Overage Surcharge Scale for Shipments by Vessel Held Covered “issued by R.O.C. Insurance Association.

3 In no case shall the carrying vessel be employed for the last voyage &/or for

break-up. 4 This insurance shall not cover shortage in weight if meanwhile there is no shortage

in quantity of pieces, and vice versa. However, in case of shortages both in weight and quantity of pieces, this insurance shall only cover whichever is lesser of the losses.

5 This insurance shall not cover loss/damage expenses or liability as a result of rust,

oxidation, discoloration, but shall still cover loss/damage expenses or liability as a result of rust, oxidation, discoloration, caused of by the risks covered within the scope of Institute Cargo Clause(C) and must be proved by ocean carrier’s certified damage report.


88

商品名稱：SPECIAL WARRANTY FOR STEEL PRODUCTS (B)


承保範圍 It is hereby warranted that

1. This insurance is free from any liability for shortage in weight or alternatively number of

pieces of the insured cargo. In case of shortage both in weight and number of pieces, it

shall be payable for whichever is less.

2. This insurance only covers any loss, damage, expense or liability as a result of contacting

with sea water.

3. Surveys should be conducted by our authorized surveyor after arrival at port of discharge.

If the goods sustain the loss of shortage, the Assured should obtain the exception list

issued by the carriers to substantiate the loss.

4. In no case shall the carrying vessel be employed for the last voyage and/or for break-up.

The age of the carrying vessel shall not exceed 20 years.

5. The Assured should give prompt notice of the carrying vessel‘s name and sailing date in

written form before shipment. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：SUBROGATION CLAUSE


承保範圍 A. It is agreed that upon payment of any loss, the Assurers are subrogated to all the

rights of the Insured to the extent of such payment. Any written release or waiver of liability entered into by the Insured in the normal course of their business prior to loss hereunder shall not alter this insurance or the right of the Insured to recover hereunder. The right of subrogation against the Insured’s subsidiary, affiliated, or associated corporation or companies, joint ventures, partnerships or any other corporations or companies associated with the Insured through ownership or management is waived.,

B. In the event of any payment under this Policy, the Assurers shall be subrogated to

the extent of such payment to all the Assured’s rights of recovery therefore. The

Assured shall execute all papers required and shall do anything that may be

necessary to secure such right. The Assurers will act in concert with all other

interests concerned, i.e., the Assured and any other company(ies) participating in

89

the payment of any loss as primary or excess Assurers, in the exercise of such

rights of recovery. If any amount is recovered after deducting the costs of

recovery such amount shall be divided between the interests concerned in the

proportion of their respective interests. If there should be no recovery, the

expense of proceedings shall be borne proportionately by the interests instituting

the proceedings. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：SURVEY WARRANTY CLAUSE


承保範圍 Identified subject-matter insured are subject to pre-shipment survey by Insurer and/or approved surveyor of all packing and preparation for transit. Identified subject-matter insured are also subject to prior approval by Insurer and/or approved surveyor of all proposed load/stowage/discharge and procedures for carriage to site. All recommendations made to be fully complied with. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：WAIVE SUBROGATION RIGHTS CLAUSE


承保範圍 In all cases of loss the Assured shall, at the request of the Assurers or their Agents, assign and subrogate to the Assurers at the time of payment and to an amount not exceeding the sum paid by the Assurers, all their rights and claims against others and permit suit to be brought in the Assured’s name but at the Assurers’ expense; the Assured further agrees to render all reasonable assistance in the prosecution of said suit or suits. It is a further condition of this insurance that if any claimant impairs or diminishes the rights to which Underwriters would be subrogated upon payment, Underwriters may deduct from such payment a sum equal to the estimated recovery lost by reason of the

90

claimant’s action or inaction. It is agreed that the Assurers hereunder waive all rights of subrogation (except in respect to General Average) against any subsidiary, affiliated or interrelated concern or corporation of the Assured, and any partner, executive, director or trustee thereof. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：WAREHOUSE TO WAREHOUSE CLAUSE


承保範圍 This insurance attaches from the time the goods leave the warehouse or place of storage at the place named in the policy, certificate or declaration for the commencement of the transit and continues until: 1. the goods are delivered to the Consignee’s or other final warehouse or place of

storage, whether prior to or at the destination named in the policy, certificate, or 2. the goods are delivered to any other warehouse or place of storage, whether prior to

or at the destination named in the certificate, declaration, or special policy, which the Assured elects to use either:

a. for storage other than in the ordinary course of transit, or b. for allocation or distribution, or

3. the expiry of sixty (60) days (30days on air shipments) after completion of discharge from the overseas vessel or aircraft, whichever shall first occur.

In the event of delay in excess of the limits specified in 3 above arising from circumstances beyond the control of the Assured give notice thereof to these Assurers as promptly as possible but in any event prior to the expiry of the said (30) days period. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE REPLACEMENT CLAUSE (APPLYING

TO MACHINERY)


承保範圍

91

In the event of loss or damage to any part or parts of an insurance caused by a peril covered by the Policy the sum recoverable shall not exceed the cost of replacement or repair to such part or parts plus charges for forwarding and refitting, if incurred, but

Excluding duty unless the full duty in included in the amount insured, in which case

loss, if any sustained by payment of additional duty shall also be recoverable. Provided always that in no case shall the liability of Underwriters exceed the insured value of the complete machine. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：DEBRIS REMOVAL CLAUSE– A VERSION WORDING


承保範圍 It is hereby agreed that expenses incurred in the removal of all debris of property insured hereunder which may be occasioned by loss caused by any of the perils insured against hereunder are recoverable up to the limit of each claim under this policy. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：DEBRIS REMOVAL CLAUSE– B VERSION WORDING


承保範圍 This insurance is extended to cover, in addition to any other amount recoverable under this insurance, extra expenses reasonably incurred by the Assured for the removal and disposal of debris of the subject-matter insured, or part thereof, by reason of damage thereto caused by an insured risk, but excluding absolutely any expenses incurred in consequence of or to prevent or mitigate pollution or contamination, or any threat or liability therefore, the cost of removal of cargo from any vessel or craft. In no case shall the insurers be liable under this Clause for more than xx % of the proportionate insured value under this policy of the subject-matter removed. The coverage afforded hereunder shall not increase the Limits of Liability provided for hereunder.

92


商品名稱：DEBRIS REMOVAL CLAUSE– C VERSION WORDING


承保範圍 This insurance is extended to cover, in addition to any other amount recoverable under this insurance, extra expenses reasonably incurred by the assured for the removal and disposal of debris of the subject-matter insured, or part thereof, by reason of damage thereto caused by an insured risk, but excluding absolutely:

(1) any expenses incurred in consequence of or to prevent or mitigate pollution liability therefore.

(2) the cost of removal of cargo from any vessel or craft. The indemnity provided by this clause shall be in addition to the indemnity provided elsewhere herein but be limited to a further xx % of the insured value of the goods lost or damaged. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：OTHER INSURANCE


承保範圍 This insurance does not cover any loss or damage to the property which at the time of the happening of such loss or damage is insured by or would but for the existence of this Open Policy be insured by any fire or other insurance policies except in respect of any excess beyond the amount which would have been payable under the fire or other insurance policy or policies had this insurance not been effected. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：LETTER OF CREDIT CLAUSE

93


承保範圍 Notwithstanding the conditions of this contract it is agreed that certificates and/or policies may be issued hereunder to comply with the insurance requirements of any Letter of Credit and/or Sales Contract concerned, such agreement being conditional on the payment of any additional premium which may be required in the event that the cover required is wider than that provided by the current contract wording.

It is also agreed that regardless of the conditions on which any certificates and policies may be issued pursuant to the foregoing, the Assured named herein shall continue to enjoy the full protection of the this contract. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE COAL CLAUSES


承保範圍 1. This insurance covers, except as provided in Clauses 4, 5, 6 and 7 below,

1.1 loss of or damage to the subject-matter insured reasonably attributable to

1.1.1 fire or explosion or heating. even when caused by spontaneous combustion. inherent vice or

nature of the subject-matter insured

1.1.2 vessel being stranded grounded sunk or capsized

1.1.3 collision or contact of vessel with any external object other than water

1.1.4 discharge of cargo at a port of distress

1.1.5 earthquake volcanic eruption or lightning

1.2 loss of or damage to the subject-matter insured caused by

1.2.1 general average sacrifice

1.2.2 jettison, or washing overboard

1.2.3 entry of sea lake or river water into vessel hold container or place of storage.

2. This insurance covers general average and salvage charges, adjusted or determined according to the

contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with

the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this

insurance.

3. This insurance is extended to indemnify the Assured against such proportion of liability under the

contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable

hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify

the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against

such claim.

94



4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the

subject-matter insured

4.3 loss damage or expense proximately caused by delay, even though the delay be caused by a risk

insured against (except expenses payable under Clause 2 above)

4.4 loss damage or expense arising from insolvency or financial default of the owners managers

charterers or operators of the vessel

4.5 deliberate damages to or deliberate destruction of the subject-matter insured or any part thereof

by the wrongful act of any person or persons

4.6 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear

fission and/or fusion or other like reaction or radioactive force or matter.

5. 5.1 In no case shall this insurance cover loss damage or expense arising from

unseaworthiness of vessel or craft,

unfitness of vessel craft conveyance container for the safe carriage of the subject-matter

insured,

where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the

subject-matter insured is loaded therein.

5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and

fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their

servants are privy to such unseaworthiness or unfitness.

6. In no case shall this insurance cover loss damage or expense caused by

6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile

act by oragainst a belligerent power

6.2 capture seizure arrest restraint or detainment, and the consequences thereof or any attempt

thereat


7. In no case shall this insurance cover loss damage or expense

7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil

commotions


7.3 caused by any terrorist or any person acting from a political motive.


商品名稱：Institute Bulk Oil Clauses 1/2/83


承保範圍 1 This insurance covers, except as provided in Clauses 4,5,6 and 7 below,

95

1.1 loss of or contamination of the subject-matter insured reasonably attributable to

1.1.1 fire or explosion

1.1.2 vessel or craft being stranded grounded sunk or capsized

1.1.3 collision or contact of vessel or craft with any external object other than water


1.1.5 earthquake volcanic eruption or lightning,

1.2 loss of or contamination of the subject-matter caused by


1.2.2 jettison

1.2.3 leakage from `connecting pipelines in loading transshipment or discharge

1.2.4 negligence of Master Officers or Crew in pumping cargo ballast or fuel

1.3 contamination of the subject-matter insured resulting from stress of weather.

2 This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or

the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded

in Clauses 4,5,6 and 7 or elsewhere in this insurance.

3 This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both

to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said

Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured

against such claim.





4.4 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except

expenses payable under clause 2 above)

4.5 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the

vessel

4.6 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or

other like reaction or radioactive force or matter

5 5.1 In no case shall this insurance cover loss or damage expense arising from unseaworthiness of vessel or craft, unfitness of

vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured where the Assured or their

servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.

5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry

the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or

unfitness.


6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent

power




96




個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：Institute Bulk Oil Clauses 1/2/83(delete 1.2.3 &

1.2.4) 核准日期及文號 100年 01 月 05 日新安東京海上 100字第 0010 號函備查

承保範圍 1 This insurance covers, except as provided in Clauses 4,5,6 and 7 below,

1.1 loss of or contamination of the subject-matter insured reasonably attributable to

1.1.1 fire or explosion

1.1.2 vessel or craft being stranded grounded sunk or capsized

1.1.3 collision or contact of vessel or craft with any external object other than water


1.1.5 earthquake volcanic eruption or lightning,

1.2 loss of or contamination of the subject-matter caused by


1.2.2 jettison

1.3 contamination of the subject-matter insured resulting from stress of weather.

2 This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or

the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded

in Clauses 4,5,6 and 7 or elsewhere in this insurance.

3 This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both

to Blame Collision" Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said

Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured

against such claim.





4.4 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except

expenses payable under clause 2 above)

4.5 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the

vessel

4.6 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or

other like reaction or radioactive force or matter

5 5.1 In no case shall this insurance cover loss or damage expense arising from unseaworthiness of vessel or craft, unfitness of

vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured where the Assured or their

97

servants are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein.

5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry

the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or

unfitness.


6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent

power








商品名稱： Cancellation Clause


承保範圍 All risks as described herein except the risks of War and Strikes are subject to

60 days notice of cancellation by either party.

The inclusion in this insurance contract of coverage against War Risks (as defined

in the relevant Institute War Clauses as attached) may be cancelled by either party

giving 7 days notice.

The inclusion in this insurance contract of coverage against Strikes (as defined

in the relevant Institute Strike Clauses as attached) may be cancelled by either

party giving 7 days (48 hours in respect of spending to or from the U.S.A.) notice.

Such cancellation shall become effective on the expiry of the relevant (see above)

number of days or hours from midnight G.M.T. of the day on which notice of

cancellation is issued by or to underwriters, but shall not apply to any Insurance

against the said risks which shall have attached before the cancellation becomes

effective.

不保事項

同主保險契約


98

請洽本公司

商品名稱：Sanction Limitation and Exclusion Clause 核准日期及文號 100年 01 月 05 日新安東京海上 100字第 0012 號函備查

承保範圍

No insurer shall be deemed to provide cover and non 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.

不保事項

同主保險契約


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Warranty for

Refrigerated Cargo 核准日期及文號 100年 06月 07日新安東京海上 100字第 0362號函備查

承保範圍

Notwithstanding anything to the contrary contained herein, it is a

warranty of this insurance that:

1. The goods are in sound condition and properly prepared packed and frozen at the time of attachment of the insurance.

2. The period between the first passing of the goods into a Freezing Chamber and shipment on board the overseas vessel shall not exceed 60 days.

3. The Assured shall take all precautions to ensure that the goods are kept in refrigerated or insulated space during the currency of the policy

except during actual loading operations.

4. On discovery by the Assured his servants or agents of any loss of, deterioration of or damage to any part of the goods immediate notice

shall be given to Underwriters. In no case shall any claim be

recoverable hereunder where notice is given to Underwriters more than

30 days after the termination of the insurance.

5. Claim against the carrier shall be immediately field in writing, a copy

of which must accompany any claim presented under this insurance

不保事項

同主保險契約


99

請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Other Insurance

Clause (1) 核准日期及文號 100年 06 月 07 日新安東京海上 100字第 0363 號函備查

承保範圍

If there is other insurance covering the same loss or damage, we will pay

only for the amount of covered loss or damage in excess of the amount due

from that other insurance. Nevertheless, we will not pay more than the

actual amount of the loss or damage and/or the applicable limit of

insurance.

This clause is applicable to in excess amount.

不保事項

同主保險契約


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Truck Risk Clause 核准日期及文號 100年 06月 07日新安東京海上 100字第 0364 號函備查

承保範圍

In no case shall this insurance cover loss or damage caused by theft from

unattended vehicle. If circumstances cannot be avoided, this insurance

covers loss or damage caused by theft provided that the carrying vehicle

is fitted with an immobilizer and all vehicle doors must be securely locked

and windows and other means of access shall be securely closed. Vehicle

must be parked at public car park when left unattended at any time.

Warranted the carrying conveyance with the goods insured can not stay

overnight during the transportation.

不保事項

同主保險契約


請洽本公司

商品名稱：新安東京海上產物貨物運送人責任保險

核准日期及文號 70 年 11 月 24 日台財融第 24185 號函核准 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正

100

承保範圍本保險單承保被保險人所運送之貨物於正常運送途中因意外事故所致之毀損滅失，依法應由被保險人負賠償責任，而受賠償請求時，本公司對被保險人負賠償之責。不保事項 1. 使用價值或市場價格之損失。 2. 因運送遲延所致之損失。 3. 託運人包裝不良所致中途散失、滲漏者。 4. 包裝完好而其內容短少或不符，而無法證明係因意外事故所致者。 5. 因貨物之特性致重量減輕、腐化、醱酵、長黴、生鏽、褪色、異味、自燃或遭蟲鼠咬損者。 6. 貨物存放於倉庫、堆棧或其他建築物內之損失，但正常運輸途中必須之臨時儲存不在此限。 7. 被保險人之故意或重大過失所致之損失。 8. 被保險人或其受僱人於執行業務時，因違法行為、無照駕駛、越級駕駛或因

酒類或葯劑影響所致之損失。 9. 運送工具超載、超速所致之損失。 10. 因颱風、地震、洪水及其他不可抗力因素，不論直接或間接所致之損失。 11. 因敵人侵略、外敵行為、戰爭 (不論宣戰與否)類似戰爭行為、叛亂、內戰、

強力霸佔或被征用、軍事訓練或演習，無論直接或間接所致之毀損滅失。 12. 因罷工、暴動、民眾騷擾，無論直接或間接所致之毀損滅失。 13. 因核子分裂、溶解或輻射作用，無論直接或間接所致之毀損滅失。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物貨物運送人責任保險平板拖車附加條款

(甲式)

核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299032 號函備查條款內容主保險契約基本條款所承保竊盜之範圍以車頭及整櫃貨物同時遺失或被竊所造成全損為限。但係由於車頭及整櫃貨物在遺失或被竊經尋獲後所導致之分損，依法應由被保險人負賠償責任，而受賠償請求時，本公司對被保險人負賠償之責。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物貨物運送人責任保險平板拖車附加條款

(乙式)

核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299033 號函備查條款內容茲經雙方同意主保險契約基本條款第一章第一條修正為：「本保險契約僅承保被保險人所運送之貨物於正常運送途中因火災、爆炸及承載貨物之被保險車輛發生意外碰撞或翻覆致所運送之貨物發生毀損或滅失，依法應由被保險人負賠償責任，而受賠償請求時，本公司對被保險人負賠償之責」。

101


商品名稱：新安東京海上產物貨物運送人責任保險冷凍/冷藏附加條

款

核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299034 號函備查條款內容茲經雙方同意主保險契約基本條款第一章第一條修正為：「本保險契約僅承保被保險人所運送之貨物於正常運送途中因火災、爆炸及承載貨物之被保險車輛發生意外碰撞或翻覆致所運送之貨物發生毀損或滅失，依法應由被保險人負賠償責任，而受賠償請求時，本公司對被保險人負賠償之責」。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物貨物運送人責任保險汽車專用拖車附加

條款(乙式)

核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299035 號函備查條款內容茲經雙方同意，主保險契約基本條款第一章第一條修正為：「本保險契約僅承保被保險人所運送之貨物於正常運送途中及上下卸貨過程中，因火災、爆炸及承載貨物之被保險車輛發生意外碰撞或翻覆致所承運之貨物(在此指被拖車輛)發生毀損，依法應由被保險人負賠償責任，而受託運人之請求時，本公司對被保險人負賠償責任」。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物貨物運送人責任保險非貨櫃車附加條款

(甲式)

核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299036 號函備查條款內容茲經雙方同意主保險契約基本條款第二章第四條第一項增列第 8、9、10、11 款： 8.散裝油料、散裝化料、粉粒、易燃液體、壓縮氣體。 9.營建機具、機器設備。 10.汽車、機車等各型機動車輛及汽、機、帆船艇。 11.油罐體、貨櫃體及車架、板架。個人保險商品預定費用率不適用短期費率表或保費退費係數表

102

請洽本公司

商品名稱：新安東京海上產物貨物運送人責任保險非貨櫃車附加條款

(乙式)

核准日期及文號 99年 04月 23 日新安東京海上 99字第 022104號函備查條款內容茲經雙方同意主保險契約基本條款第一章第一條修正為：「本保險契約僅承保被保險人以本保險契約所載明之運送工具承運非以貨櫃裝運之貨物於正常運輸途中因火災、爆炸或運送工具意外事故發生碰撞或傾覆所致貨物之毀損或滅失，依法應由被保險人負賠償責任，而受賠償請求時，本公司對被保險人負賠償之責」。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物貨物運送人責任保險貨櫃車附加條款

(甲式)

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299038 號函備查條款內容主保險契約所承保竊盜險之範圍以車頭及整櫃貨物同時遺失或被竊所造成之全損為限。但係由於車頭及整櫃貨物在遺失或被竊經尋獲後所導致之分損，依法應由被保險人負賠償責任，而受賠償請求時，本公司對被保險人負賠償之責。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物貨物運送人責任保險貨櫃車附加條款

(乙式)

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299039 號函備查條款內容茲經雙方同意主保險契約基本條款第一章第一條修正為：「本保險契約僅承保被保險人以本保險契約所載明之運送工具所承運之貨物，於正常運輸途中因火災、爆炸或運送工具因意外事故發生碰撞或傾覆所致貨物之毀損或滅失，依法應由被保險人負賠償責任，而受賠償請求時，本公司對被保險人負賠償之責」。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

● 商品名稱：新安東京海上產物貨物運送人責任保險竊盜附加條款

103

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299040 號函備查條款內容茲經通知並雙方同意，被保險人受託運送之貨物於正常運送途中因竊盜行為所致之毀損滅失，依法應由被保險人負賠償責任，而受賠償請求時，除本附加條款另有約定外，本公司對被保險人負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物船舶保險核准日期及文號 94.04.01 新安東京海上(94)字第 1000 號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第

09502522257 號令修正

INSTITUTE TIME CLAUSES – HULLS

TOTAL LOSS ONLY (Including Salvage, Salvage Charges and Sue and Labour)

This insurance is subject to English law and practice

NAVIGATION 1.1 The Vessel is covered subject to the provisions of this insurance at all times and has

leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but it is warranted that the Vessel shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clause 1.1 shall not exclude customary towage in connection with loading and discharging.

1.2 This insurance shall not be prejudiced by reason of the Assured entering into any contract with pilots or for customary towage which limits or exempts the liability of the pilots and/or tugs and/or towboats and/or their owners when the Assured or their agents accept or are compelled to accept such contracts in accordance with established local law or practice.

1.3 The practice of engaging helicopters for the transportation of personnel, supplies and equipment to and/or from the Vessel shall not prejudice this insurance.

1.4 In the event of the Vessel being employed in trading operations which entail cargo loading or discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim shall be recoverable under this insurance for loss of or damage to the Vessel or liability to any other vessel arising from such loading or discharging operations, including whilst approaching, lying alongside and leaving, unless previous notice that the Vessel is to be employed in such operations has been given to the Underwriters and any amended terms of cover and any additional premium required by them have been agreed.

1.5 In the event of the Vessel sailing (with or without cargo) with an intention of being (a) broken up, or (b) sold for breaking up, any claim for loss of or damage to the Vessel occurring subsequent to such sailing shall be limited to the market value of the Vessel as scrap at the time when the loss or damage is sustained, unless previous notice has been given to the Underwriters and any amendments to the terms of cover, insured

104

value and premium required by them have been agreed. Nothing in this Clause 1.5 shall affect claims under Clause 8.

CONTINUATION Should the Vessel at the expiration of insurance be at sea and in distress or missing, she shall, provided notice be given to the Underwriters prior to the expiration of this insurance, be held covered until arrival at the next port in good safety, or if in port and in distress until the Vessel is made safe, at a pro rata monthly premium.

BREACH OF WARRANTY Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of sailing, provided notice be given to the Underwriters immediately after receipt of advices and any amended terms of cover and any additional premium required by them be agreed.

CLASSIFICATION 4.1 It is the duty of the Assured, Owners and Managers at the inception of and throughout

the period of this insurance to ensure that the Vessel is classed with a Classification Society agreed by the Underwriters and that her class within that Society is maintained,

4.1.2 any recommendations requirements or restrictions imposed by the Vessel's Classification Society which relate to the Vessel's seaworthiness or to her maintenance in a seaworthy condition are complied with by the dates required by that Society.

4.2 In the event of any breach of the duties set out in Clause 4.1 above, unless the Underwriters agree to the contrary in writing, they will be discharged from liability under this insurance as from the date of the breach provided that if the Vessel is at sea at such date the Underwriters' discharge from liability is deferred until arrival at her next port.

4.3 Any incident condition or damage in respect of which the Vessel's Classification Society might make recommendations as to repairs or other action to be taken by the Assured, Owners or Managers must be promptly reported to the Classification Society.

4.4Should the Underwriters wish to approach the Classification Society directly for information and/or documents, the Assured will provide the necessary authorization.

TERMINATION This Clause 5 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith. Unless the Underwriters agree to the contrary in writing, this insurance shall terminate

automatically at the time of 5.1change of the Classification Society of the Vessel, or change, suspension

discontinuance, withdrawal or expiry of her Class therein, or any of the Classification Society’s periodic surveys becoming overdue unless an extension of time for such survey be agreed by the Classification Society, provided that if the Vessel is at sea such automatic termination shall be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class or where a periodic survey becoming overdue has resulted from loss or damage covered by Clause 6 of this insurance or which would be covered by an insurance of the Vessel subject to current Institute Time Clauses Hulls or Institute War and Strikes Clauses Hulls - Time such automatic termination shall only operate should the Vessel sail from her next port without the prior approval of the Classification Society or in the case of a periodic survey becoming overdue without the Classification Society having agreed an extension of time for such survey,

5.2any change, voluntary or otherwise, in the ownership or flag transfer to new management, or charter on a bareboat basis, or requisition for title or use of the Vessel, provided that, if the Vessel has cargo on board and has already sailed from her

105

loading port or is at sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition for title or use without the prior execution of a written agreement by the Assured. such automatic termination shall occur fifteen days after such requisition whether the Vessel is at sea or in port.

A pro rata daily net return of premium shall be made provided that a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during the period covered by this insurance or any extension thereof.

PERILS 6.1This insurance covers total loss (actual or constructive) of the subject-matter insured

caused by 6.1.1perils of the seas rivers lakes or other navigable waters 6.1.2fire, explosion 6.1.3violent theft by persons from outside the Vessel 6.1.4jettison 6.1.5piracy 6.1.6contact with land conveyance, dock or harbour equipment or installation 6.1.7earthquake volcanic eruption or lightning 6.1.8accidents in loading discharging or shifting cargo or fuel, 6.2This insurance covers total loss (actual or constructive) of the subject-matter insured

caused by 6.2.1bursting of boilers breakage of shafts or any latent defect in the machinery or hull 6.2.2negligence of Master Officers Crew or Pilots 6.2.3negligence of repairers or charterers provided such repairers or charterers are not an

Assured hereunder 6.2.4barratry of Master Officers or Crew 6.2.5contact with aircraft, helicopters or similar objects, or objects falling therefrom

provided that such loss or damage has not resulted from want of due diligence by the Assured, Owners, Managers or Superintendents or any of their onshore management.

6.3 Masters Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 6 should they hold shares in the Vessel.

POLLUTION HAZARD This insurance covers total loss (actual or constructive) of the Vessel caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard or damage to the environment, or threat thereof, resulting directly from damage to the Vessel for which the Underwriters are liable under this insurance, provided that such act of governmental authority has not resulted from want of due diligence by the Assured, Owners or Managers to prevent or mitigate such hazard or damage, or threat thereof. Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the Vessel.

SALVAGE 8.1 This insurance covers the Vessel's proportion of salvage, salvage charges, reduced in

respect of any under-insurance. 8.2 No claim under this Clause 8 shall in any case be allowed where the loss was not

incurred to avoid or in connection with the avoidance of a peril insured against. 8.3 No claim under this Clause 8 shall in any case be allowed for or in respect of 8.3. 1special compensation payable to a salvor under Article 14 of the International

Convention on Salvage, 1989 or under any other provision in any statute, rule, law or contract which is similar in substance

8.3.2expenses or liabilities incurred in respect of damage to the environment, or the threat of such damage, or as a consequence of the escape or release of pollutant substances from the Vessel, or the threat of such escape or release.

106

8.4 Clause 8.3 shall not however exclude any sum which the Assured shall pay to salvors for or in respect of salvage remuneration in which the skill and efforts of the salvors in preventing or minimising damage to the environment as is referred to in Article 13 paragraph 1(b) of the International Convention on Salvage, 1989 have been taken into account.

DUTY OF ASSURED (SUE AND LABOUR) 9.1 In case of any loss or misfortune it is the duty of the Assured and their servants and

agents to take such measures as may be reasonable for the purpose of averting or minimising a loss which would be recoverable under this insurance.

9.2 Subject to the provisions below the Underwriters will contribute to charges properly and reasonably incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as provided for in Clause 9.5), special compensation and expenses as referred to in Clause 8.3 and collision defence or attack costs are not recoverable under this Clause 9.

9.3 Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

9.4 When expenses are incurred pursuant to this Clause 9 the liability under this insurance shall not exceed the proportion of such expenses that the amount insured hereunder bears to the value of the Vessel as stated herein, or to the sound value of the Vessel at the time of the occurrence giving rise to the expenditure if the sound value exceeds that value. Where the Underwriters have admitted a claim for total loss and property insured by this insurance is saved, the foregoing provisions shall not apply unless the expenses of suing and labouring exceed the value of such property saved and then shall apply only to the amount of the expenses which is in excess of such value.

9.5 When a claim for total loss of the Vessel is admitted under this insurance and expenses have been reasonably incurred in saving or attempting to save the Vessel and other property and there are no proceeds, or the expenses exceed the proceeds, then this insurance shall bear its pro rata share of such proportion of the expenses, or of the expenses in excess of the proceeds, as the case may be, as may reasonably be regarded as having been incurred in respect of the Vessel, excluding all special compensation and expenses as referred to in Clause 8.3; but if the Vessel be insured for less than its sound value at the time of the occurrence giving rise to the expenditure, the amount recoverable under this clause shall be reduced in proportion to the under-insurance.

9.6 The sum recoverable under this Clause 9 shall be in addition to the loss otherwise recoverable under this insurance but shall in no circumstances exceed the amount insured under this insurance in respect of the Vessel.

SISTERSHIP Should the Vessel hereby insured receive salvage services from another vessel belonging wholly or in part to the same Owners or under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the property of Owners not interested in the Vessel hereby insured; but in such cases the liability for the collision or the amount payable for the services rendered shall be referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured.

NOTICE OF CLAIM In the event of accident whereby loss or damage may result in a claim under this insurance, notice must be given to the Underwriters promptly after the date on which the Assured, Owners or Managers become or should have become aware of the loss or damage and prior to survey so that a surveyor may be appointed if the Underwriters so desire. If notice is not given to the Underwriters within twelve months of that date unless the Underwriters agree to the contrary in writing, the Underwriters will be automatically discharged from liability for any claim under this insurance in respect of or arising out of

107

such accident or the loss or damage. CONSTRUCTIVE TOTAL LOSS

12.1In ascertaining whether the Vessel is a constructive total loss, the insured value shall be taken as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.

12.2No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination, only the cost relating to a single accident or sequencing of damages arising from the same accident shall be taken into account.

FREIGHT WAIVER In the event of total or constructive total loss no claim to be made by the Underwriters for freight whether notice of abandonment has been given or not.

ASSIGNMENT No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognised by he Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder.

DISBURSEMENTS WARRANTY 15.1 Additional insurances as follows are permitted: 15.1.1 Disbursements, Managers' Commissions, Profits or Excess or Increased Value of

Hull and Machinery. A sum not exceeding 25% of the value stated herein. 15.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not

exceeding 25% of the value as stated herein less any sum insured, however described, under 15.1.1.

15.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the gross freight or hire for the current cargo passage and next succeeding cargo passage (such insurance to include, if required, a preliminary and an intermediate ballast passage) plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be calculated on the estimated duration of the voyage, subject to the limitation of twocargo passages as laid down herein. Any sum insured under 15.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the freight or hire is advanced or earned by the gross amount so advanced or earned.

15.1.4 Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum not exceeding the anticipated gross freight on next cargo passage, such sum to be reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges of insurance. Any sum insured under 15.1.2 to be taken into account and only the excess thereof may be insured.

15.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which is to be earned under the charter in a period not exceeding 18 months. Any sum insured under 15.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the hire is advanced or earned under the charter by 50% of the gross amount so advanced or earned but the sum insured need not be reduced while the total of the sums insured under 15.1.2 and 15.1.5 does not exceed 50% of the gross hire still to be earned under the charter. An insurance under this Section may begin on the signing of the charter.

15.1.6 Premiums. A sum not exceeding the actual premiums of all interests insured for a period notexceeding 12 months (excluding premiums insured under the foregoing sections but including, if required, the premium or estimated calls on any Club or War etc. Risk insurance) reducing pro rata monthly.

15.1.7 Returns of Premium. A sum not exceeding the actual returns which are allowable under any insurance but which would not be recoverable thereunder in the event of a

108

total loss of the Vessel whether by insured perils or otherwise. 15.1.8 Insurance irrespective of amount against.- Any risks excluded by Clauses 17, 18,

19 and 20 below. 15.2Warranted that no insurance on any interests enumerated in the foregoing 15.1.1 to

15.1.7 in excess of the amounts permitted therein and no other insurance which includes total loss of the Vessel P.P.I., F.I.A., or subject to any other like term, is or shall be effected to operate during the currency of this insurance by or for account of the Assured, Owners, Managers or Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters any defence to a claim by a Mortgagee who has accepted this insurance without knowledge of such breach.

RETURNS FOR LAY-UP AND CANCELLATION 16.1To return as follows: 16.1.1 pro rata monthly net for each uncommenced month if this insurance be cancelled

by agreement, 16.1.2 for each period of 30 consecutive days the Vessel may be laid up in a port or in a

lay-up area provided such port or lay-up area is approved by the Underwriters (a) per cent net not under repair (b) per cent net under repair. 16.1.3 The Vessel shall not be considered to be under repair when work is undertaken in

respect of ordinary wear and tear of the Vessel and/or following recommendations in the Vessel's Classification Society survey, but any repairs following loss of or damage to the Vessel or involving structural alterations, whether covered by this insurance or otherwise shall be considered as under repair.

16.1.4 If the Vessel is under repair during part only of a period for which a return is claimable, the return shall be calculated pro rata to the number of days under 16.1.2(a) and (b) respectively.

16.2PROVIDED ALWAYS THAT 16.2.1 a total loss of the Vessel, whether by insured perils or otherwise, has not occurred

during the period covered by this insurance or any extension thereof 16.2.2 in no case shall a return be allowed when the Vessel is lying in exposed or

unprotected waters, or in a port or lay-up area not approved by the Underwriters loading or discharging operations or the presence of cargo on board shall not debar returns but no return shall be allowed for any period during which the Vessel is being used for the storage of cargo or for lightering purposes in the event of any amendment of the annual rate, the above rates shall be adjusted accordingly In the event of any return recoverable under this Clause 16 being based on 30 consecutive days which fall on successive insurances effected for the same Assured, this insurance shall only be liable for an amount calculated at pro rata of the period rates 16.1.2(a) and/or (b) above for the number of days which come within the period of this insurance and to which a return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from the first day on which the Vessel is laid up or the first day of a period of 30 consecutive days as provided under 16.1.2(a) or (b) above.

The following clauses shall be paramount and shall override anything contained in this insurance inconsistent therewith. WAR EXCLUSION

In no case shall this insurance cover loss damage liability or expense caused by 17.1war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any

hostile act by or against a belligerent power 17.2capture seizure arrest restraint detainment (barratry and piracy excepted), and the

consequences thereof or any attempt thereat 17.3derelict mines torpedoes bombs or other derelict weapons of war.

STRIKES EXCLUSION In no case shall this insurance cover loss damage liability or expense caused by strikers,

109

locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions any terrorist or any person acting from a political motive.

MALICIOUS ACTS EXCLUSION In no case shall this insurance cover loss damage liability or expense arising from 19.1the detonation of an explosive 19.2any weapon of war and caused by any person acting maliciously or from a political motive.

RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from 20.1ionising radiations from or contamination by radioactivity from any nuclear fuel or

from any nuclear waste or from the combustion of nuclear fuel 20.2the radioactive, toxic, explosive or other hazardous or contaminating properties of any

nuclear installation, reactor or other nuclear assembly or nuclear component thereof 20.3any weapon of war employing atomic or nuclear fission and/or fusion or other like

reaction or radioactive force or matter. 個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE TIME CLAUSES – HULLS TOTAL LOSS ONLY (Including Salvage, Salvage Charges and Sue and Labour)


承保範圍 1 NAVIGATION

1.1 The Vessel is covered subject to thc provisions of this insurance at all times and has

leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but it is warranted that the Vessel shall not be towed, except as is customary or to. the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clause 1.1 shall not exclude customary towage in connection with loading and discharging.

1.2 In the event of the Vessel being employed in trading operations which entail cargo loading or discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim shall be recoverable under this insurance for loss of or damage to the Vessel from such loading or discharging operations, including whilst approaching, lying alongside and leaving, unless previous notice that the Vessel is to be employed in such operations has been given to the Underwriters and any amended terms of cover and any additional premium required by them have been agreed.

1.3 In the event of the Vessel sailing (with or without cargo) with an intention of being (a) broken up, or (b) sold for breaking up, any claim for loss of or damage to the Vessel occurring subsequent to such sailing shall be limited to the market value of the Vessel as scrap at the time when the loss or damage is sustained, unless previous notice has been given to the Underwriters and any amendments to the terms of cover, insured value and premium required by them have been agreed. Nothing in this Clause 1.3 shall affect claims under Clause 9.

2 CONTINUATION

Should the Vessel at the expiration of this insurance be at sea or in distress or at a port of refuge

110

or of call, she shall, provided previous notice be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination.

3 BREACH OF WARRANTY

Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of sailing, provided notice be given to the Underwriters immediately after receipt of advices and any amended terms of cover and any additional premium required by them be agreed.

4 TERMINATION

This Clause 4 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith

Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of 4.1 change of the Classification Society of the Vessel, or change, suspension, discontinuance,

withdrawal or expiry of her Class therein, provided that if the Vessel is at sea such automatic termination shall be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class has resulted from loss or damage which would be covered by an insurance of the Vessel subject to current Institute Time Clauses Hulls or Institute War and Strikes Clauses Hulls-Time such automatic termination shall only operate should the Vessel sail from her next port without the prior approval of the Classification Society,

4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the Vessel, provided that, if the Vessel has cargo on board and has already sailed from her loading port or is at sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition for tile or use without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the Vessel is at sea or in port.

A pro rata daily net return of premium shall be made.

5 ASSIGNMENT

No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognized by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder.

6 PERILS

6.1 This insurance covers loss of damage to the subject-matter insured caused by 6.1.1 perils of the seas rivers lakes or other navigable waters 6.1.2 fire explosion 6.1.3 violent theft by persons from outside the Vessel 6.1.4 jettison 6.1.5 piracy 6.1.6 breakdown of or accident to nuclear installations or reactors 6.1.7 contact with aircraft or similar objects, or objects falling therefrom, land conveyance, dock

or harbour equipment or installation 6.1.8 earthquake volcanic eruption or lightning.

6.2 This insurance covers loss of or damage to the subject matter insured caused by 6.2.1 accidents in loading discharging or shifting cargo or fuel

111

6.2.2 bursting of boilers breakage of shafts or any latent defect in the machinery or hull 6.2.3 negligence of Master Officers Crew or Pilots 6.2.4 negligence of repairers or charterers provided such repairers or charterers are not an

Assured hereunder 6.2.5 barratry of Master Officers or Crew.

provided such loss or damage has not resulted from want of due diligence by the Assured. Owners or Managers.

6.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of this

Clause 6 should they hold shares in the Vessel.

7 POLLUTION HAZARD

This insurance covers total loss (actual or constructive) of the Vessel caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard, :or threat thereof, resulting directly from damage to the Vessel caused by a peril covered by this insurance, provided such act of governmental authority has not resulted from want of due diligence by the Assured, the Owners, or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the Vessel.

8 NOTICE OF CLAIM

8.1 In the event of accident whereby loss or damage may result in a claim under this insurance,

notice shall be given to the Underwriters prior to survey and also, if the Vessel is abroad, to the nearest Lloyd's Agent so that a surveyor may be appointed to represent the Underwriters should they so desire.

9 SALVAGE

9.1 This insurance covers the Vessel's proportion of salvage and salvage charges, reduced in

respect of any under-insurance. 9.2 No claim under this Clause 9 shall in any case be allowed where the loss was not

incurred to avoid or in connection with the avoidance of a peril insured against.

10 SISTERSHIP

Should the Vessel hereby insured receive salvage services from another vessel belonging wholly or in part to the same Owners or under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the property of Owners not interested in the Vessel hereby insured; but in such. cases the amount payable for the services rendered shall be referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured.

11 DUTY OF ASSURED (SUE AND LABOUR)

11.1 In case of any loss or misfortune it is the duty of the Assured and their servants and agents

to take such measures as may be reasonable for the purpose of averting or minimising a loss which would be recoverable under this insurance.

11.2 Subject to the provisions below and to Clause 12 the Underwriters will contribute to charges properly and reasonably incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as provided for in Clause 13.5) and collision defence or attack costs are not recoverable under this Clause 13.


11.4 When expenses are incurred pursuant to this Clause 13 the liability under this insurance shall not exceed the proportion of such expenses that the amount insured hereunder bears to

112

the value of the Vessel as stated herein, or to the sound value of the Vessel at the time of the occurrence giving rise to the expenditure if the sound value exceeds that value. Where the Underwriters have admitted a claim for total loss and property insured by this insurance is saved, the foregoing provisions shall not apply unless the expenses of suing and labouring exceed the value of such property saved and then shall apply only to the amount of the expenses which is in excess of such value.

11.5 When a claim for total loss of the Vessel is admitted under this insurance and expenses have been reasonably incurred in saving or attempting to save the Vessel and other property and there are no proceeds, or the expenses exceed the proceeds, then this insurance shall bear its pro rata share of such proportion of the expenses, or of the expenses in excess of the proceeds, as the case may be, as may reasonably be regarded as having been incurred in respect of the Vessel; but if the Vessel be insured for less than its sound value at the time of the occurrence giving rise to the expenditure, the amount recoverable under this clause shall be reduced in proportion to the under-insurance.


12 CONSTRUCTIVE TOTAL LOSS

12.1 In ascertaining whether the Vessel is a constructive total loss, the insured value shall

be taken as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.

12.2 No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination, only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.

13 FREIGHT WAIVER

In the event of total or constructive total loss no claim to be made by the Underwriters for freight whether notice of abandonment has been given or not.

14 DISBURSEMENTS WARRANTY

14.1 Additional insurances as follows are permitted: 14.1.1 Disbursements, Managers' Commissions, Profits or Excess or increased Value of Hull

and Machinery. A sum not exceeding 25% of the value stated herein. 14.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding

25% of the value as stated herein less any sum insured, however described, under 14.1.1 14.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the gross freight or hire

for the current cargo passage and next succeeding cargo passage (such insurance to include, if required. a preliminary and an intermediate ballast passage) plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid down herein. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured. which excess shall be reduced as the freight or hire is advanced or earned by the gross amount so advanced or earned.

14.1.4 Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum not exceeding the anticipated gross freight on next cargo passage, such sum to be reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges of insurance. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured.

14.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which is to be earned under the charter in a period not exceeding 18 months. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the hire is advanced or earned under the charter by 50% of the gross amount so advanced or earned but the sum insured need not be reduced

113

while the total of the sums insured under 21.1.2 and 21.1.5 does not exceed 50% of the gross hire still to be earned under the charter. An insurance under this Section may begin on the signing of the charter.

14.1.6 Premiums. A sum not exceeding the actual premium of all interests insured for a period not exceeding 12 months (excluding premiums insured under the foregoing sections but including, if required, the premium or estimated calls on any Club or War etc. Risk insurance) reducing pro rata monthly.

14.1.7 Returns of premium. A sum not exceeding the actual returns which are allowable under any insurance but which would not be recoverable thereunder in the event of a total loss of the Vessel whether by insured perils or otherwise.

14.1.8 Insurance irrespective of amount against. Any risks excluded by Clauses 16, 17. 18 and 19 below.

14.2 Warranted that no insurance on any interests enumerated in the foregoing 14.1.1 to 14.1.7

in excess of the amounts permitted therein and no other insurance which includes total loss of the Vessel P.P.I., F.I.A., or subject to any other like term, is or shall be effected to operate during the currency of this insurance by or for account of the Assured, Owners, Managers or Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters any defence to a claim by a Mortgagee who has accepted this insurance without knowledge of such breach.

15 RETURNS FOR LAY-UP AND CANCELLATION

15.1 To return as follows: 15.1.1 Pro rata monthly net for each uncommenced month if this insurance be cancelled by

agreement. 15.1.2 For each period of 30 consecutive days the Vessel may be laid up in a port or in a lay-up

area provided such port or lay-up area is approved by the Underwriters (with special liberties as hereinafter allowed) (a) . .. .. . ... .. . .. .. . .. .. ... .. .. .. per cent net not under repair (b) ... . .. .. .. .. .. .. ... . .. ... .. . . .. ... per cent net under repair. If the Vessel is under repair during part only of a period for which a return is claimable, the return shall be calculated pro rata to the number of days under (a) and (b) respectively.

15.2 PROVIDED ALWAYS THAT 15.2.1 a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during

the period covered by this insurance or any extension thereof 15.2.2 in no case shall a return be allowed when the Vessel is lying in exposed or unprotected

waters, or in a port or lay-up area not approved by the Underwriters but, provided the Underwriters agree that such non-approved lay-up area is deemed to be within the vicinity of the approved port or lay-up area, days during which the Vessel is laid up in such non-approved lay-up area may be added to days in the approved port or lay-up area to calculate a period of 30 consecutive days and a return shall be allowed for the proportion of such period during which the Vessel is actually laid up in the approved port or lay-up area

15.2.3 loading or discharging operations or the presence of cargo on board shall not debar returns but no return shall be allowed for any period during which the Vessel is being used for the storage of cargo or for lightering purposes

15.2.4 in the event of any amendment of the annual rate. The above rates of return shall be adjusted accordingly

15.2.5 in the event of any return recoverable under this Clause 15 being based on 30 consecutive days which fall on successive insurances effected for the same Assured, this insurance shall only be liable for an amount calculated at pro rata of the period rates 15.1.2(a) and/or (b) above for the number of days which come within the period of this insurance and to which a return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from the first day on which the Vessel is laid up or the first day of a period of 30 consecutive days as provided under 15.1.2(a) or (b), or 15.2.2 above.

不保事項 The following clauses shall be paramount and shall override anything contained in this insurance inconsistent therewith.

114

16 WAR EXCLUSION

In no case shall this insurance cover loss damage liability or expense cause by 16.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power 16.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the consequences thereof or any attempt thereat 16.3 derelict mines torpedoes bombs or other derelict weapons of war.

17 STRIKES EXCLUSION

In no case shall this insurance cover loss damage liability or expense caused by strikers. locked-out workmen. or persons taking part in labour disturbances, riots or civil commotions 17.2 any terrorist or any person acting from a political motive.

18 MALICIOUS ACTS EXCLUSION

In no case shall this insurance cover loss damage liability or expense arising from T he detonation of an explosive any weapon of war and caused by any person acting maliciously or from a political motive.

19 NUCLEAR EXCLUSION

In no case shall this insurance cover loss damage liability or expense arising from any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. 個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：International Gas Safety WARRANTY (APRIL, 1980)


承保範圍 Warranted Inert Gas System fitted and such Inert Gas System to be fully approved by *………………………………………………………………..………... Warranted Owners and Managers instructions are that the Inert Gas System fitted is to be operated at all times in accordance with instructions issued by the Manufacturers and all operations to be entered in Log Book. * Must be same Classification Society with whom vessel is classed. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：LOSS OF CHARTER HIRE INSURANCE INCLUDING WAR(ABS 1/10/83 WORDING)

115


承保範圍

1. If in consequence of any of the following events:

(a) loss, damage or occurrence covered by Institute Time Clauses – Hulls 1/10/83 or Norwegian Hull Form or American Institute Hull Clauses (2nd June 1977) and also loss damage or occurrence covered by Institute War and Strikes Clauses – Hulls 1/10/83 or American Institute Hull War and Strikes Clauses 1/12/77 plus Addenda 1 and 2, (Option of clause to be exercised at inception)

(b) breakdown of machinery, including electrical machinery or boilers, provided that such breakdown has not resulted from wear and tear or want of due diligence by the Assured, occurring during the period of this insurance the vessel is prevented from earning hire for a period in excess of (Response) days in respect of any accident, then this insurance shall pay (Response) of the sum hereby insured for each 24 hours after the expiration of the said days during which the vessel is so prevented from earning hire for not exceeding a further (Response) days in respect of any one accident or occurrence (and not exceeding (Response) days in all during the currency of this Insurance (irrespective of the expiry date of this insurance)), provided that the repairs in respect of which a claim is made hereunder are completed within 12 months of the expiry of the period covered by this policy.

2. No claim to attach to this insurance if the occurrence in respect of which such claim arises is the cause of the vessel becoming a Total Loss (Actual or Constructive).

3. In all cases where a recovery is obtained from third parties in respect of loss of earnings or demurrage such recovery shall be apportioned between the Assured and the Underwriters as their respective interests may appear.

4. Subject to current Institute Trading Warranties and, in respect of War risks, subject to current London Market War Risk Trading Warranties.

5. Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of sailing, provided notice be given to the Underwriters immediately after receipt of advices and any amended terms of cover and nay additional premium required by them be agreed.

6. The expression ‘one accident’ shall be deemed to include all heavy weather damage occurring during a single sea passage between two successive ports as defined in Clause 12.2 of Institute Time Clauses – Hulls 1/10/83.

7. If this insurance attaches or expires during a passage as defined above heavy weather damage occurring on the same passage but outside the period covered by this insurance may be added for the purpose of calculating the loss provided the damage sustained during the period covered hereunder has not been repaired during the passage, but only the proportion of the loss arising from damage occurring during the currency of this insurance shall be payable hereunder.

8. It is understood and agreed that if the vessel is prevented from earning hire on separate occasions, which shall not in any event exceed three, in respect of any one accident or occurrence falling within this insurance, for the purpose of ascertaining the amount claimable hereunder the total time that the vessel is off hire shall be taken into account, provided that the repairs are completed within 12 months of the expiry of this insurance.

116

9. Should the vessel at the expiration of this insurance be at sea or in distress, or at port of refuge or of call, she shall, provided previous notice be given to the Underwriters, be held covered at a pro rata daily premium to her port of destination, but in no event shall such extension affect or postpone the operation of the Institute Notice of Cancellation and Automatic Termination of Cover Clause for War.

10. In the event of the vessel named herein being sold or unchartered other than by reason of Total or Constructive Total Loss of vessel, this insurance is automatically cancelled. In such event Underwriters agree to return pro rata nett monthly premium, provided there are no claims on the vessel during the currency of the insurance prior to cancellation. In no other events shall there be any return of premium (except as provided under Clause 14.3 below). This Clause shall prevail notwithstanding any provisions whether written, typed or printed in the insurance inconsistent therewith unless especially agreed by Underwriters.

11. Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of change of the Classification Society of the vessel, or change, suspension, discontinuance, withdrawal or expiry of her Class therein, provided that if the vessel is at sea such automatic termination shall be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class has resulted from loss or damage covered by Clause 1 of this insurance such automatic termination shall only operate should the vessel sail from her next port without the prior approval of the Classification Society.

12. The Assured shall effect, or cause to be effected, all repairs (temporary or permanent) with due diligence and dispatch. Underwriters to have the right to require the Assured to incur any expense which would reduce Underwriters’ liability under this insurance provided such expense is for Underwriters’ account.

13. This insurance excludes:

13.1 loss damage liability or expense arising from

13.1.1 any detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter, hereinafter called a nuclear weapon of war

13.1.2 the outbreak of war (whether there be a declaration of war or not) between any of the following countries:

United Kingdom, United States of America, France, the Union of Soviet Socialist Republics, the People’s Republic of China

13.1.3 requisition or pre-emption

13.1.4 capture seizure arrest restraint detainment confiscation or expropriation by or under the order of the Government or any public or local authority of the country in which the vessel is owned or registered

13.1.5 arrest restraint detainment confiscation or expropriation under quarantine regulations or by reason of infringement of any customs or trading regulations

13.1.6 the operation of ordinary judicial process, failure to provide security

117

or to pay any fine or penalty or any financial cause

13.2 any claim for any sum recoverable under any other insurance on the vessel or which would be recoverable under such Insurance but for the existence of this insurance

13.3 any claim for expenses arising from delay except such expenses as would be recoverable in principle in English law and practice under the York-Antwerp Rules 1974.

14. 14.1 Cover hereunder in respect of the risks of war, etc., may be cancelled by

either the Underwriters or the Assured giving 7 days notice (such cancellation becoming effective on the expiry of 7 days from midnight of the day on which notice of cancellation is issued by or to the Underwriters). The Underwriters agree however to reinstate cover subject to agreement between the Underwriters and the Assured prior to the expiry of such notice of cancellation as to new rate of premium and/or conditions and/or warranties.

14.2 Whether or not such notice of cancellation has been given cover hereunder in respect of the risks of war, etc., shall TERMINATE AUTOMATICALLY

14.2.1 upon the occurrence of any hostile detonation of any nuclear weapon of war as defined in Clause 13.1.1 wheresoever or whensoever such detonation may occur and whether or not the vessel may be involved.

14.2.2 upon the outbreak of war (whether there be a declaration of war or not) between any of the following countries: United Kingdom, United States of America, France, the Union of Soviet Socialist Republics, the People’s Republic of China

14.2.3 in the event of the vessel being requisitioned, either for title or use.

14.3 In the event either of cancellation by notice or of automatic termination of this insurance by reason of the operation of this Clause 14, pro rata net return of premium shall be payable to the assured.

15. Cover in respect of the risks of war, etc., shall not become effective if, subsequent to acceptance by the Underwriters and prior to the intended time of attachment of risk, there has occurred any event which would have automatically terminated cover under the provisions of this clause.

LPO454 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：BERING SEA TRANSIT CLAUSE

118


承保範圍 Notwithstanding anything contained in this Insurance to the contrary, it is hereby agreed that when on through voyages to or from the Far East, the insured vessel may navigate the Bering Sea provided that

1) the vessel has on board the appropriate hydrographic charts corrected up to date, 2) entry is made through the Unimak pass and exit west of Buldir Island or vice

versa and 3) the vessel is equipped and properly fitted with marine radar, a satellite navigator

or Loran, sonic depth sounding apparatus radio direction finder and gyro compass, all fully operational and manned by qualified personnel.

(Alternatively the vessel may enter or leave through the Amchitka, Amukta or Attu Passes, but only when equipped and properly fitted wounding apparatus, radio direction finder, gyro compass and a weather facsimile recorder, all fully operational and manned by qualified personnel.) 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：ELECTRONIC DATE RECOGNITION

ENDORSEMENT FOR MARINE HULL 11/08/98


承保範圍 This Endorsement shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith. 1.This insurance does not cover any loss, damage, liability or expense directly or

indirectly caused by or in any way in consequence of： a) the failure or anticipated failure or inability or any computer system, software,

hardware, integrated circuit, microchip, operating system and/or any other electronic device or component, whether or not belonging to or in possession of the Insured or of any third party. correctly, unambiguously or completely to assign, exchange, interpret, manipulate, process, recognize, sequence or transfer any time, year, date or data-like code, date or information；

b) any implemented or attempted change or modification or test of any computer system, software, hardware, integrated circuit, microchip, operating system and or any other electronic device or component, whether or not belonging to or in

119

possession of the Insured or of any third party, in anticipation of or in response to any change of year, date or time, or any advice given or services performed in connection with any such change or modification.

c) any non-use or unavailability for use of any property or equipment of any kind whatsoever resulting from any act, failure to act or decision of the Insured or of any third party related to (a) and/or (b) above.

2.Clause 1 of this Endorsement shall not however apply to exclude a claim, which the

insured can demonstrate a) Would be recoverable under this insurance in the absence of the exclusion in

clause 1. and b) has not resulted from want of due diligence by the Insured, Owners, Managers

or Superintendents or any of their onshore management in respect of any of the matters referred to in clause 1. and

c) is proximately caused by and of the following perils: i) perils of the seas rivers lakes or other navigable waters ii) fire, explosion iii)violent theft by persons from outside the Vessel iv)jettison v) piracy vi)contact with land conveyance, dock or harbour equipment or installation vii)earthquake a volcanic eruption or lightning viii)accidents in loading, discharging or shifting cargo or fuel ix)bursting of boilers, breakage of shafts

x) negligence of repairers of charterers provided such repairers or charterers are not an Insured hereunder or Master Officers or Crew

xi)contact with aircraft, helicopters or similar objects, or objects following therefrom

3.Notwithstanding clause 2 above in no circumstances shall the cover provided in this Endorsement extend to a claim for loss, damage, liability or expense

a)in respect of any software, programming, operating system code or data or b)arising from or in any way connected, whether directly or indirectly, with any

measures taken with the intention of averting or minimizing any of the matters taken with the intention of averting or minimizing any of the matters referred to in clauses 1(a) or 1(b) above or any of their possible or anticipated consequences.

4.The cover provided in this Endorsement is subject in all other respects to all other

terms, conditions, exclusions and limits contained in this insurance. 5.This Endorsement is subject to English law and practice. 不保事項

120

同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE NOTICE OF CANCELLATION,

AUTOMATIC TERMINATION OF COVER AND WAR AND NUCLEAR EXCLUSIONS CLAUSE – HULLS, ETC.


承保範圍

This clause shall be paramount and shall override anything contained in this insurance

inconsistent therewith 1. Cancellation

Cover hereunder in respect of the risks of war, etc may be cancelled by either the Underwriters or the Assured giving 7 days notice (such cancellation becoming effective on the expiry of 7 days from midnight of the day on which notice of cancellation is issued by or to the Underwriters). The Underwriters agree however to reinstate cover subject to agreement between the Underwriters and the Assured prior to the expiry of such notice of cancellation as to new rate of premium and/or conditions and/or warranties.

2. Automatic Termination of Cover

Whether or not such notice of cancellation has been given cover hereunder in respect of the risks of war, etc, shall TERMINATE AUTOMATICALLY

upon the outbreak of war (whether there be a declaration of war or not) between any of the following:

United Kingdom, United States of America, France, the Russian Federation, the People’s Republic of China;

in respect of any vessel, in connection with which cover is granted hereunder, in the event of such vessel being requisitioned either for title or use.

3. Five Powers War and Nuclear Exclusions

This insurance excludes

loss damage liability or expense arising from

the outbreak of war (whether there be a declaration of war or not) between any of the following:

121

United Kingdom, United States of America, France, the Russian Federation, the People’s Republic of China;

requisition either for title or use.

loss damage liability or expense directly or indirectly caused by or arising from

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

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

any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

4. Law and Practice

This clause is subject to English law and practice.

_____________________________________________________

Cover in respect of the risks of war, etc shall not become effective if, subsequent to acceptance by the Underwriters and prior to the intended time of attachment of risk, there has occurred any event which would have automatically terminated cover under the provisions of this clause.

CL 359 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：MARINE TERMINAL OPERATOR’S LIABILITY

INSURANCE STEVEDORES LEGAL LIABILITY/PREMISES LIABILITY


承保範圍 1. ASSUREDS:

2. POLICY PERIOD: From XXXXXX to XXXXXX 3. LOSS PAYEE: Assured, or Mortgagees as required, or order. Loss, if any, payable to Assured or Order.

122

4. This insurance is to cover 100% interest in the legal and/or assumed liability of the Assureds as operators of the port and arising out of the premises and/or operations of the Assured including products/Completed Operation Hazards, Independent Contractors of scheduled U.S. locations including worldwide and any operations incidental to the above which occurs away from above locations as follows:

(a) For all physical loss or damage to vessels (including their cargoes, and

equipment aboard) while proceeding to or from the premises and/or during docking and undocking or loading and/or unloading and/or while in the custody of the Assured, included while as Landing Owners or Operators of the locations insured hereunder;

(b) For all damage to property of others as a result of or accident involving a

vessel while such vessel is proceeding to or from the premises and/or during docking and undocking or loading and/or unloading and/or while in the custody of the Assured including damages for the loss of use of the property of others as well as damages because of injury to, loss of, or destruction of the property of others, including the freeing or breaking away from the insureds premises;

(c) For all damage to cargoes as a result of loading and/or unloading, while

awaiting transit, and during overland transit; (d) For all sums the Assured shall become obligated to pay for loss of life,

bodily injury or sickness of any person as a result of any accident and as expenses for removal of the spill of a pollutant caused by accident;

(e) The cost of defending and investigating any suit against the Assureds on any

claim based on a liability or an alleged liability of the Assureds covered by this insurance shall be payable by the Assurers if the amount of the claim hereunder exceeds the retained limit under this policy, but the Assurers shall not be liable for cost or expense of prosecuting or defending any suit unless the same shall have been incurred within the written consent of the Assurers. These Assurers, however, reserve the right to conduct the defense of any actions or suits at their own expense;

(f) Underwriter specifically agrees to issue the Illinois Warehousemans Liability

form annexed hereto as Exhibit (A), if requested; (g) For all sums for which the Assured shall become obligated to pay by reason of

loss, damage, injury, or expense arising out of assault and battery whom

123

committed solely to protect persons and/or property. 5. Notwithstanding the foregoing, it is hereby understood and agreed that this

insurance does not cover against, nor shall any liability attach hereunder for loss, damage, injury or expense caused by or resulting from –

(a) Hostile or warlike action in time of peace or war, including action in hindering,

combating or defending against an actual, impending or expected attack, (1) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; (2) by military, naval or air forces; or (3) by an agent of any such government, power, authority or force;

(b) Any weapon of war employing atomic fission or radioactive force whether in

time of peace or war; (c) Insurrection, rebellion, revolution, civil war, usurped power or action taken by

governmental authority in hindering, combating or defending against such occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade;

(d) Any claim in respect of loss of life, bodily injury, sickness, maintenance, cure or

wages of any employee of the Assureds under state or Federal Compensation Acts;

(e) Any liability accepted under a charter party; (f) Bodily injury or property damage including clean-up and containment costs

arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental;

(g) Damage or destruction of property arising out of the ownership, maintenance or

use of automobiles, commercial trucks and/or trailers which would be insured under the standard form of automobile policy, provided however, that this exclusion shall not apply to the damage to or destruction of property in charge of or transported by the Assured;

(h) Loss, damage, injury or expense which may be recoverable under any other

insurance carried by the Assureds or by others for account of the Assureds

124

except insurance covering part of this risk insured in conjunction herewith, or any excess insurance over and above the amount recoverable hereunder.

6. The liability of these Assurers with respect to this insurance shall not exceed

US$XXXX.- in respect of any one occurrence. Notwithstanding the above, these Assureds shall not be liable for more than US$XXXX.- in the aggregate during each annual period of this policy as respects liability for products and completed operations hazards as defined herein.

7. Permission is granted for Assureds to obtain excess insurance which shall be liable

only for any loss and/or losses, claim and/or beyond the amount covered hereunder. 8. It is especially understood and agreed that the protection given by this policy

remains in full force and effect during the whole period insured and is not reduced by the amount of any loss or losses collected hereunder.

9. This insurance is subject to the following deductible:

US$XXXX.- per occurrence as respects pollution claims US$XXXX.- per occurrence for all other terminal claims US$XXXX.- per occurrence for all charterer’s claims

10. It is further stipulated and is a consideration of this insurance that in the event of any occurrence which may result in loss, damage, injury or expense, for which these Assurers are or may become liable under this insurance, notice thereof shall be given to Advanced Risk as soon as practicable, and further that any and every process, pleading and paper of any kind relating to such occurrence shall be forwarded promptly to Advanced Risk International, Ltd. 5847 San Felipe, Suite 1120, Houston, Texas 77057.

11. In the event of any payment under this policy, the Assurers shall be subrogated to

all the Assureds rights of recovery therefore against any person or organization and the Assureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. Notwithstanding any of the foregoing, the Assureds shall have the right to waive subrogation prior to any loss. Further, the right of subrogation against any of the Assureds is waived.

12. Whenever required by these Assurers, the Assured shall aid in securing

information, evidence, obtaining of witnesses, and cooperation with the Assurers (except in pecuniary way) in all matters which the Assurers may deem necessary in the defense of any claim or suit or appeal from and judgment in respect of any occurrence as hereinbefore provided.

125

13. It is especially agreed that any expenses or charges incurred by the Assureds in

minimizing, or attempting to minimize, a claim shall not be deemed to be an admission of liability by the Assureds and shall not invalidate any coverage provided by this policy, these Assurers to reimburse the Assureds for any such expenses or charges, if incurred.

14. This policy is issued in consideration of an annual minimum and deposit premium

of XXXX(Including Tax) which shall be subject to adjustment upwards following each annual period at the rate of .

15. Definitions:

(a) The term “occurrence” whenever used herein, means an event or a continuous or repeated exposure to conditions which unintentionally, from the standpoint of the Assureds, causes injury, damages or destruction during the policy period. Any number of such injuries, damage or destruction resulting from a common cause or from exposure to substantially the same conditions shall be deemed to result from one occurrence.

Operations or products in existence prior to the inception of this policy which cause or result in bodily injury or property damage during the policy period are covered by this policy.

The above definition is hereby extended to include personal injury, bodily injury or property damage committed by or at the direction of the Assureds for the purpose of protecting persons or property.

(b) The term “bodily injury” whenever used herein means bodily injury, sickness,

disease or mental anguish or shock sustained by any person which occurs during the policy period, including death at any time resulting therefrom.

With respect to Emergency Medical Technicians, nurses or any person rendering first aid, bodily injury is extended to include injury arising out of the rendering of or failure to render professional services or first aid during the course of their employment by the Assureds.

(c) The term “personal injury” whenever used herein means injury sustained by

any person or organization and arising out of one or more of the following offenses committed in the conduct of the Assured’s business:

(a) false arrest, humiliation, detention or imprisonment, or malicious

126

prosecution; (b) the publication or utterance of a libel or slander or of other defamatory

or disparaging materials, or a publication or utterance in violation of an individual’s right of privacy except publications or utterances in the course of or related to advertising, broadcasting or telecasting activities conducted by or on behalf of the Assured’s;

(c) wrongful entry or eviction, or other invasion of the right of private

occupancy.

The term “completed operations hazard” whenever used herein includes bodily injury and property damage arising out of operations or reliance upon a representation or warranty made at a time with respect thereto, but only if the bodily injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Assureds. “Operations” include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times:

(1) when all operations to be performed by or on behalf of the Assureds under

the contract have been completed; (2) when all operations to be performed by or on behalf of the Assureds at the

site of the operations have been completed; (3) when the portion of the work out of which the injury or damage arises has

been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or property damage arising out of: (a) operations in connection with the transportation of property, unless the

bodily injury or property damage arises out of a condition in or on a conveyance created by the loading or unloading thereof;

127

(b) the existence of tools, uninstalled equipment or abandoned or unused materials;

(c) “Products hazard” includes bodily injury and property damage arising out of

the Assureds products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the Assureds and after physical possession of such products has been relinquished to others;

(d) The term “Assureds’ products” means goods or products manufactured, sold,

handled or distributed by the Assureds or by others trading under the name of the Assureds, including any container thereof (other than a vehicle), but “Assureds’ products” shall not include a vending machine or any property other an such container, rented to or located for use of others but not sold.

16. It is understood and agreed that the terms and conditions of this form are

substituted for those of the policy form to which this is attached, the latter being hereby waived except for those provisions required by law to be inserted in the policy.

17. CROSS LIABILITY AND SEVERABILITY OF INTEREST

In the event of claims being made by reason of personal injury, bodily injury or property damage suffered by any employee of one Assured hereunder for which another Assured hereunder is or may be liable, then this policy shall cover such Assured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Assured hereunder.

In the event of one or more of the Assured incurring liability to any other of the Assureds, this policy shall cover the Assured against whom claim is or may be made in the same manner as if separate policies had been issued to each Assured. Nothing contained herein shall operate to increase underwriters’ limit of liability as set forth in this policy.

18. CANCELLATION CLAUSE This policy may be cancelled by the named insured by surrender thereof to the

company of any of its authorized agents or by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the company by mailing to the named insured at the address shown in this policy, written notice stating when not less than ten (10) days thereafter such cancellation shall be effective. The mailing of notice as aforesaid

128

shall be sufficient proof of notice. The time of surrender of the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing.

If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation.

NAME OF INSURED:

Effective as of inception, and in consideration of the premium charged, it is hereby understood and agreed that, because of exclusions in the Comprehensive General Liability policy, this policy is extended to cover liability imposed by law for loss of life or personal injury arising out of the loading and unloading of vessels and aboard vessels at the terminal. All other personal injury claims to revert to the C.G.L. Always excluding employees of the Assured and/or borrowed servants.

Also, it is hereby understood and agreed that the Cancellation Clause is amended to thirty (30) days in lieu of ten (10) days.

All other terms and conditions remain unchanged. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：PILOT NON-LIABILITY CLAUSE


承保範圍 This insurance shall not be prejudiced by reason of any agreement limited or exempting the liability of Pilots and/or tugs and/or Tow boats and/or their owners when the Assured and/or Charterers accept such contracts in accordance with established local practice or are compelled to accept such contracts 不保事項同主保險契約個人保險商品預定費用率

129


商品名稱：AFFILIATED COMPANIES CLAUSE


承保範圍 In respect of the vessel(s) insured hereunder, it is agreed that this policy also covers the Assured, and affiliated Companies of the Assured be they owners, subsidiaries or inter-related companies and as bareboat charterers and/or charterers and/or sub-charterers and/or operators and/or in whatever capacity, and shall so continue to cover notwithstanding the provisions of this policy with respect to change of ownership or management. Provided however, that in the event of any claim being made by an affiliated subsidiary or inter-related company under this clause it shall not be entitled to recover in respect of any liability to which it would not be subject if it were the owner of the vessel, nor to a greater extent that an owner would be entitled in such event to recover. It is further agreed that these insurers waive any right of subrogation against any subsidiary, affiliated or inter-related company of the Assured, excepting to the extent that any such company is insured against the liability asserted. However, should the vessel be sold to or transferred to or chartered on a bareboat basis to others than the Assured or the Affiliated Companies of the Assured, or be requisitioned on a bareboat basis the provisions of this policy with respect to change of ownership or management shall govern. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：BLOCKING AND TRAPPING CLAUSE (HULL)


承保範圍 The inability of the Vessel to sail from any port, canal, waterway or other place to the High Seas either for a continuous period of 6 months or where there is no reasonable prospect of the Vessel becoming able to sail to the High Seas (whichever is the earlier) as a result of the closure of the connecting channel to all vessels of such size and draft is deemed to constitute a Constructive Total Loss and is recoverable hereunder provided that such closure has arisen through the blockage of the waterway from any cause whatsoever beyond the control of the Assured other than as a result of perils enumerated in Institute Time Clauses – Hull Clauses 1/10/83 Clause 23 to 26 (War Strikes, Malicious Acts, Nuclear Exclusions) herein.

130

For the purpose of this insurance the term “inability of the Vessel to sail” includes, but is not limited to, circumstances under which the vessel does not sail in consequence of:

1. any physical obstruction whatsoever (not directly caused by earthquake); or 2. any order, advice, or recommendation of any government or local authority; or 3. the Master, Owners, Managers or Assured deciding that it is unsafe for the

vessel to sail unless Underwriters are able to prove that such decision was unreasonable in all the circumstances prevailing at the time;

and whether such inability to sail in consequence of one or more accidents or occurrences or reasons. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：BLOCKING AND TRAPPING CLAUSE (WAR)


承保範圍 The inability of the Vessel to sail from any port, canal, waterway or other place to the High Seas either for a continuous period of 6 months or where there is no reasonable prospect of the Vessel becoming able to sail to the High Seas (whichever is the earlier) as a result of the closure of the connecting channel to all vessels of such size and draft is deemed to constitute a Constructive Total Loss and is recoverable hereunder provided that such closure has arisen through the blockage of the waterway from any cause enumerated in the Institute War and Strike Clauses – Hull – Time (1/10/83) together with all terms, conditions and special clauses of the War and Strike Policies as far as applicable. For the purpose of this insurance the term “inability of the Vessel to sail” includes, but is not limited to, circumstances under which the vessel does not sail in consequence of:

1. any physical obstruction whatsoever (not directly caused by earthquake); or 2. any order, advice, or recommendation of any government or local authority; or 3. the Master, Owners, Managers or Assured deciding that it is unsafe for the vessel

to sail unless Underwriters are able to prove that such decision was unreasonable in all the circumstances prevailing at the time;

and whether such inability to sail in consequence of one or more accidents or occurrences or reasons. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：CLAIM CONTROL CLAUSE

131


承保範圍 The Assurers, shall have the option of naming the attorneys who shall represent the Assured in the prosecution or defence of any litigation or negotiations between the Assured and third parties concerning any claim covered by this policy, and shall have the direction of such litigation or negotiations. If the Assured shall fail or refuse to settle any claim as authorized by this company, the liability of this company shall be limited to the amount for which settlement could have been made plus legal fees and disbursements incurred to the date the Assured shall fail or refuse to settle any such claim, less the amount of the deductible provided for in this policy. If thereafter any amount is recovered against the Assured in excess of the amount, plus additional legal fees and disbursements for which the claim could have been settled , such additional amount plus legal fees and disbursements shall be solely for the Assured's account. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：CONTRACTS (RIGHTS OF THIRD PARTIES) ACT

1999 EXCLUSION CLAUSE


承保範圍 Neither this policy nor any document issued pursuant to this policy shall confer any benefits on any third parties. No third party may enforce any term of this policy or of any provision contained in any document issued under this policy. The Contracts (Rights of Third Parties) Act 1999 is hereby expressly excluded from this policy, including the Schedule or any other document issued pursuant thereto. This clause shall not affect the rights of the Assured (as assignee or otherwise) or the rights of any loss payee. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：DEFERRED PREMIUMS CLAUSE


承保範圍 Notwithstanding anything herein to the contrary the premium or consideration for this insurance is payable by installments as follows:

132

As arranged of annual premium due and payable at inception as the first installment. 25% of annual premium due and payable on the DD day of MM YYYY as the second installment. 25% of annual premium due and payable on the DD day of MM YYYY as the third installment. 25% of annual premium due and payable on the DD day of MM YYYY as the fourth installment.

In the event of a total loss covered hereunder all future installments shall immediately become due and payable and the Company shall be entitled to take credit therefore. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：GENERAL AVERAGE ABSORPTION CLAUSE


133

承保範圍


商品名稱：INSTITUTE ADDITIONAL PERILS CLAUSES －

HULL


承保範圍 1. In consideration of an additional premium this insurance is extend to cover

1.1 the cost of repairing or replacing

1.1.1 any boiler which bursts or shaft which breaks

1.1.2 any defective part which has caused loss or damage to the Vessel covered by

Clause 6.2.2 of the Institute Time Clauses － Hulls 1/10/83,

1.2 loss of or damage to the Vessel caused by any accident or by negligence,

134

incompetence or error of judgement of any person whatsoever.

2 Except as provided in 1.1.1 and 1.1.2, nothing in these Additional Perils Clauses shall

allow any claim for the cost of repairing or replacing any part found to be defective as a

result of a fault or error in design or construction and which has not caused loss of or

damage to the Vessel.

3 The cover provided in Clause 1 is subject to all other terms, conditions and exclusions

contained in this insurance and subject to the proviso that the loss or damage has not

resulted from want of due diligence by the Assured, Owners or Managers. Master

Officers Crew or Pilots not to be considered Owners within the meaning of this Clause

should they hold shares in the Vessel.

______________________________________

CL. 294 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：INSTITUTE CLAUSES FOR BUILDERS’ RISKS


承保範圍 VESSEL................PER SCHEDULE...........…........Contract or Yard No. ..................

BUILDERS............ PER SCHEDULE..……………….................................................

BUILDERS’ YARDS ......... PER SCHEDULE…………...............................................

SUBJECT OF INSURANCE (Where more than one part of the subject-matter insured is described in Section I(A), Section I(B) or Section II below, then the respective wording of Section I(A), Section I(B) or Section II shall be applied to each part separately.)

SECTION I. Provisional Period ..................from.....................................................but this insurance to terminate upon delivery to Owners if prior to expiry of Provisional Period.

(A) HULL and MACHINERY etc. under construction at the yard or other premises of the Builders.

Description Contract or Yard No.

Provisionally valued at To be built at / by

135

PER SCHEDUL

The subject-matter of this sub-section (A) is covered whilst at Builders’ Yard and at Builders’ premises elsewhere within the port or place of construction at which the Builders’ Yard is situated and whilst in transit between such locations. The Underwriters’ liability in respect of each item of this sub-section (A) which is at such locations shall attach from the time;-

(I) of inception of this Section I if such item has already been allocated to the Vessel;

(II) of delivery to Builders of such item (if allocated) when delivered after inception of this Section I;

(III) of allocation by Builders if allocated after inception of this Section I. (B) MACHINERY etc. insured hereon whilst under construction by Sub-Contractors.

Description Contract or Yard No. Provisionally valued at To be built at / by PER SCHEDULE

The subject-matter of this sub-section (B) is covered whilst at Sub-Contractors’

works and at Sub-Contractors’ premises elsewhere within the port or place of

construction at which the Sub-Contractors’ works are situated and whilst in transit

between such locations. The Underwriters’ liability in respect of each item of this sub-section (B) which is at such locations shall attach from the time:--

(I) of inception of this Section I if such item has already been allocated to the Vessel;

(II) of delivery to the Sub-Contractors of such item (if allocated) when delivered after inception of this Section I;

(III) of allocation by the Sub-Contractors if allocated after inception of this Section I.

The subject-matter of this sub-section (B) is also covered whilst:--

(a) in transit to Builders if the transit is within the port or place of construction at which the Builders’ Yard is situated;

(b) at Builders’ Yard and at Builders’ premises elsewhere within the port or place of construction at which the Builders’ Yard is situated and whilst in transit between such locations.

SECTION II. Provisional

Period ........................................………….....from................................................

but this insurance to terminate upon delivery to Owners if prior to expiry of

136

Provisional Period.

MACHINERY etc. insured hereon from delivery to Builders.

Description Contract or Yard No. Provisionally valued at To be built at/by PER SCHEDULE

The subject-matter of this Section II is covered whilst at Builders’ Yard and at Builders’ premises elsewhere within the port or place of construction at which the Builders’ Yard is situated and whilst in transit between such locations. The Underwriters’ liability in respect of each item of this Section II shall attach from the time of delivery to Builders.

1. INSURED VALUE 1.1 Whereas the value stated herein is provisional, it is agreed that the final contract

price, or the total building cost plus ............XXX.............. % whichever is the greater, of the subject-matter of this insurance shall be the insured value.

1.2 Should the insured value, determined as above, 1.2.1 exceed the provisional value stated herein, the Assured agree to declare to

the Underwriters hereon the amount of such excess and to pay premium thereon at the full policy rates, and the Underwriters agree to accept their proportionate shares of the increase,

or 1.2.2 be less than the provisional value stated herein, the sum insured by this

insurance shall be reduced proportionately and the Underwriters agree to return premium at the full policy rates on the amounts by which their respective lines are reduced.

1.3 Nevertheless, should the insured value exceed 125% of the provisional value, then the limits of indemnity under this insurance shall be 125% of the provisional value, any one accident or series of accidents arising out of the same event.

1.4 Notwithstanding the above it is understood and agreed that any variation of the value for insurance on account of a material alteration in the plans or fittings of the Vessel or a change in type from that originally contemplated does not come within the scope of this clause and such a variation requires the specific agreement of the Underwriters.

2. TRANSIT Held covered at a premium to be arranged for transit not provided for in Section

I or II above.

3. DELAYED DELIVERY Held covered at a premium to be arranged in the event of delivery to Owners

being delayed beyond the provisional period(s) mentioned above, but in no case shall any additional period of cover extend beyond 30 days from completion of

137

Builders’ Trials.

4. DEVIATION OR CHANGE OF VOYAGE Held covered in case of deviation or change of voyage, provided notice be given

to the Underwriters immediately after receipt of advices and any amended terms of cover and any additional premium required by them be agreed.

5. PERILS 5.1 SUBJECT ALWAYS TO ITS TERMS, CONDITION AND EXCLUSIONS

this insurance is against all risks of loss of or damage to the subject-matter insured caused and discovered during the period of this insurance including the cost of repairing replacing or renewing any defective part condemned solely in consequence of the discovery therein during the period of this insurance of a latent defect. In no case shall this insurance cover the cost of renewing faulty welds.

5.2 In case of failure of launch, the Underwriters to bear all subsequent expenses incurred is completing launch.

6. EARTHQUAKE AND VOLCANIC ERUPTION EXCLUSION In no case shall this insurance cover loss damage liability or expense caused by

earthquake or volcanic eruption. This exclusion applies to all claims including claims under Clauses 13, 17, 19 and 20.

7. POLLUTION HAZARD This insurance covers loss of or damage to the Vessel caused by any governmental

authority acting under the powers vested in it to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the Vessel for which the Underwriters are liable under this insurance, provided such act of governmental authority has not resulted from want of due diligence by the Assured, the Owners, or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the Vessel.

8. FAULTY DESIGN Notwithstanding anything to the contrary which may be contained in the Policy or

the clauses attached thereto, this insurance includes loss of or damage to the subject-matter insured caused and discovered during the period of this insurance arising from faulty design of any part or arts thereof but in no case shall this insurance extend to cover the cost or expense of repairing, modifying, replacing or renewing such part or parts, nor any cost or expense incurred by reason of betterment or alteration in design.

9. NAVIGATION 9.1 With leave to proceed to and from any wet or dry docks, harbours, ways,

cradles and pontoons within the port or place of construction and to proceed

138

under own power, loaded or in ballast, as often as required, for fitting out, docking, trials or delivery, within a distance by water of 250 nautical miles of the port or place of construction, or held covered at a premium to be arranged in the event of such distance being exceeded.

9.2 Any movement of the Vessel in tow outside the port or place of construction held covered at a premium to be arranged, provided previous notice be given to the Underwriters.

10. DEDUCTIBLE 10.1No claim arising from a peril insured against shall be payable under this

insurance unless the aggregate of all such claims arising out of each separate accident or occurrence (including claims under Clauses 13, 17, 19 and 20) exceeds .................. in which case this sum shall be deducted. Nevertheless the expense of sighting the bottom after stranding, if reasonably incurred specially for that purpose, shall be paid even if no damage be found. This Clause 10.1 shall not apply to a claim for total or constructive total loss of the Vessel or, in the event of such a claim, to any associated claim under Clause 20 arising from the same accident or occurrence.

10.2Claims for damage by heavy weather occurring during a single sea passage between two successive ports shall be treated as being due to one accident. In the case of such heavy weather extending over a period not wholly covered by this insurance the deductible to be applied to the claim recoverable hereunder shall be the proportion of the above deductible that the number of days of such heavy weather falling within the period of this insurance bears to the number of days of heavy weather during the single sea passage.

The expression “heavy weather” in this Clause 10.2 shall be deemed to include contact with floating ice.

10.3Excluding any interest comprised therein, recoveries against any claim which is subject to the above deductible shall be credited to the Underwriters in full to the extent of the sum by which the aggregate of the claim unreduced by any recoveries exceeds the above deductible.

10.4Interest comprised in recoveries shall be apportioned between the Assured and the Underwriters, taking into account the sums paid by the Underwriters and the dates when such payments were made, notwithstanding that by the addition of interest the Underwriters may receive a larger sum than they have paid.

11. UNREPAIRED DAMAGE 11.1The measure of indemnity in respect of claims for unrepaired damage shall

be the reasonable depreciation in the market value of the Vessel at the time this insurance terminates arising from such unrepaired damage, but not

139

exceeding the reasonable cost of repairs. 11.2In no case shall the Underwriters be liable for unrepaired damage in the

event of a subsequent total loss (whether or not covered under this insurance) sustained during the period covered by this insurance or any extension thereof.

11.3 The Underwriters shall not be liable in respect of unrepaired damage for more than the insured value at the time this insurance terminates.

12. CONSTRUCTIVE TOTAL LOSS 12.1In ascertaining whether the subject-matter insured is a constructive total

loss, the insured value shall be taken as the repaired value and nothing in respect of the damaged or break-up value shall be taken into account.

12.2No claim for constructive total loss based upon the cost of recovery and/or repair shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination, only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.

13. GENERAL AVERAGE AND SALVAGE 13.1This insurance covers the Vessel’s proportion of salvage, salvage charges

and/or general average, reduced in respect of ny under-insurance, but in case of general average sacrifice of the Vessel the Assured may recover in respect of the whole loss without first enforcing their right of contribution from other parties.

13.2Adjustment to be according to the law and practice obtaining at the place where the adventure ends, as if the contract of affreightment contained no special terms upon the subject; but where the contract of affreightment so provides the adjustment shall be according to the York-Antwerp Rules.

13.3When the Vessel sails in ballast, not under charter, the provisions of the York-Antwerp Rules, 1974 (excluding Rules XX and XXI) shall be applicable, and the voyage for this purpose shall be deemed to continue from the port or place of departure until the arrival of the Vessel at the first port or place thereafter other than a port or place of refuge or a port or place of call or bunkering only. f at any such intermediate port or place there is an abandonment of the adventure originally ontemplated the voyage shall thereupon be deemed to be terminated.

13.4No claim under this Clause 13 shall in any case be allowed where the loss was not incurred to avoid or in connection with he avoidance of a peril insured against.

14. NOTICE OF CLAIM In the event of loss damage liability or expense which may result in a claim under

this insurance, prompt notice shall be given to the Underwriters prior to repair and, if the subject-matter is under construction abroad, to the nearest Lloyd’s Agent so

140

that a surveyor may be appointed to represent the Underwriters should they so desire.

15. CHANGE OF INTEREST Any change of interest in the subject-matter insured shall not affect the validity

of this insurance.

16. ASSIGNMENT No assignment of or interest in this insurance or in any moneys which may be or

become payable thereunder is to be binding on or recognised by the Underwriters unless a dated notice of such assignment or interest signed by the assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder.

17. COLLISION LIABILITY 17.1 The Underwriters agree to indemnify the Assured for any sum or sums

paid by the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damages for

17.1.1 loss of or damage to any other vessel or property on any other vessel

17.1.2 delay to or loss of use of any such other vessel or property thereon 17.1.3 general average of, salvage of, or salvage under contract of, any

such other vessel or property thereon, where such payment by the Assured is in consequence of the Vessel

hereby insured coming into collision with any other vessel. 17.2 The indemnity provided by this Clause 17 shall be in addition to the

indemnity provided by the other terms and conditions of this insurance and shall be subject to the following provisions:

17.2.1 Where the insured Vessel is in collision with another vessel and both vessels are to blame then, unless the liability of one or both vessels becomes limited by law, the indemnity under this Clause 17 shall be calculated on the principle of cross-liabilities as if the respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of the collision.

17.2.2 In no case shall the Underwriters’ total liability under Clause 17.1 and 17.2 exceed their proportionate part of the insured value of the Vessel hereby insured in respect of any one such collision.

17.3 The Underwriters will also pay the legal costs incurred by the Assured or which the Assured may be compelled to pay in contesting liability or taking

141

proceedings to limit liability, with the prior written consent of the Underwriters.

EXCLUSIONS

17.4 Provided always that this Clause 17 shall in no case extend to any sum which the Assured shall pay for or in respect of 17.4.1 removal or disposal of obstructions, wrecks, cargoes or any other

thing whatsoever 17.4.2 any real or personal property or thing whatsoever except other

vessels or property on other vessels 17.4.3 the cargo or other property on, or the engagements of, the insured

Vessel 17.4.4 loss of life, personal injury or illness

17.4.5 pollution or contamination of any real or personal property or thing whatsoever (except other vessels with which the insured Vessel is in collision or property on such other vessels).

18. SISTERSHIP Should the Vessel hereby insured come into collision with or receive salvage

services from another vessel belonging wholly or in part to the same Owners or under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the property of Owners not interested in the Vessel hereby insured; but in such cases the liability for the collision or the amount payable for the services rendered shall be referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured.

19. PROTECTION AND INDEMNITY 19.1 The Underwriters agree to indemnify the Assured for any sum or sums paid

by the Assured to any other person or persons by reason of the Assured becoming legally liable, as Owner of the Vessel, for any claim, demand, damages and/or expenses, where such liability is in consequence of any of the following matter or things and arises from an accident or occurrence during the period of this insurance: 19.1.1 loss of or damage to any fixed or movable object or property or

other thing or interest whatsoever, other than the vessel, arising from any cause whatsoever in so far as such loss or damage is not covered by Clause 17.

19.1.2 any attempted or actual raising, removal or destruction of any fixed or movable object or property or other thing, including the wreck of the Vessel, or any neglect or failure to raise, remove, or destroy the same.

19.1.3 liability assumed by the Assured under contracts of customary towage for the purpose of entering or leaving port or maneuvering within the port

142

19.1.4 loss of life, personal injury, illness or payments made for life salvage.

19.2 The Underwriters agree to indemnify the Assured for any of the following arising from an accident or occurrence during the period of this insurance: 19.2.1 the additional cost of fuel, insurance, wages, stores, provisions and

port charges reasonably incurred solely for the purpose of landing from the Vessel sick or injured persons or stowaways, refugees, or persons saved at sea

19.2.2 additional expenses brought about by the outbreak of infectious disease on board the Vessel or ashore

19.2.3 fines imposed on the Vessel, on the Assured, or on any Master Officer crew member or agent of the Vessel who is reimbursed by the Assured, for any act or neglect or breach of any statue or regulation relating to the operation of the Vessel, provided that the Underwriters shall not be liable to indemnify the Assured for any fines which result from any act neglect failure or default of the Assured their agents or servants other than Master Officer or crew member

19.2.4 the expenses of the removal of the wreck of the Vessel from any place owned, leased or occupied by the Assured

19.2.5 legal costs incurred by the Assured, or which the Assured may be compelled to pay, in avoiding, minimising or contesting liability with the prior written consent of the Underwriters.

EXCLUSIONS

19.3 Notwithstanding the provisions of Clauses 19.1 and 19.2 this Clause 19 does not cover any liability cost or expense arising in respect of: 19.3.1 any direct or indirect payment of the Assured under workmen’s

compensation or employers’ liability acts and any other statutory or common law, general maritime law or other liability whatsoever in respect of accidents to or illness of workmen or any other persons employed in any capacity whatsoever by the Assured or others in on or about or in connection with the Vessel or her cargo materials or repairs

19.3.2 liability assumed by the Assured under agreement expressed or implied in respect of death or illness of or injury to any person employed under a contract of service or apprenticeship by the other party to such agreement

19.3.3 punitive or exemplary damages, however described 19.3.4 cargo or other property carried, to be carried or which has been

carried on board the Vessel but this Clause 19.3.4 shall not exclude any claim in respect of the extra cost of removing cargo from the

143

wreck of the Vessel 19.3.5 loss of or damage to property, owned by builders or repairers or for

which they are responsible, which is on board the Vessel 19.3.6 liability arising under a contract or indemnity in respect of

containers, equipment, fuel or other property on board the Vessel and which is owned or leased by the Assured

19.3.7 cash, negotiable instruments, precious metals or stones, valuables or objects of a rare or precious nature, belonging to persons on board the Vessel, or non-essential personal effects of any Master, Officer or crew member

19.3.8 fuel, insurance, wages, stores, provisions and port charges arising from delay to the Vessel while awaiting a substitute for any Master, Officer or crew member

19.3.9 fines or penalties arising from overloading or illegal fishing 19.3.10 pollution or contamination of any real or personal property or

thing whatsoever. 19.4 The indemnity provided by this Clause 19 shall be in addition to the

indemnity provided by the other terms and conditions of this insurance. 19.5 Where the Assured or the Underwriters may or could have limited their

liability the indemnity under this Clause 19 in respect of such liability shall not exceed Underwriters’ proportionate part of the amount of such limitation.

19.6 In no case shall the Underwriters’ liability under this Clause 19 in respect of each separate accident or occurrence or series of accidents arising out of the same event, exceed their proportionate part of the insured value of the Vessel.

19.7 PROVIDED ALWAYS THAT

19.7.1 prompt notice must be given to the Underwriters of every casualty event or claim upon the Assured which may give rise to a claim under this Clause 19 and of every event or matter which may cause the Assured to incur liability costs or expense for which he may be insured under this Clause 19

19.7.2 the Assured shall not admit liability for or settle any claim for which he may be insured under this Clause 19 without the prior written consent of the Underwriters.

20. DUTY OF ASSURED (SUE AND LABOUR) 20.1 In case of any loss or misfortune it is the duty of the Assured and their

servants and agents to take such measures as may be reasonable for the purpose of averting or minimising a loss which would be recoverable under this insurance.

20.2 Subject to the provisions below and to Clause 10 the Underwriters will

144

contribute to charges properly and reasonably incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as provided for in Clause 20.4) collision defence or attach costs and costs incurred by the Assured in avoiding, minimising or contesting liability covered by Clause 19 are not recoverable under this Clause 20.

20.3 Measures taken by the Assured or the Underwriters with the object of saving, protecting recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

20.4 When a claim for total loss of the subject-matter insured is admitted under this insurance and expenses have been reasonably incurred in saving or attempting to save the subject-matter insured and other property and there are no proceeds, or the expenses exceed the proceeds, then this insurance shall bear its pro rata share of such proportion of the expenses, or of the expenses in excess of the proceeds, as the case may be, as may reasonably be regarded as having been incurred in respect of the subject-matter insured.


The following clauses shall be paramount and shall override anything contained in this insurance inconsistent therewith.

不保事項

21. WAR EXCLUSION In no case shall this insurance cover loss damage liability or expense cause by


21.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the consequences thereof or any attempt thereat


22. STRIKES EXCLUSION In no case shall this insurance cover loss damage liability or expense caused by

22.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotion

22.2 any terrorist or any person acting form a political motive.

23. MALICIOUS ACTS EXCLUSION In no case shall this insurance cover loss damage liability or expense arising from

23.1 the detonation of an explosive

145

23.2 any weapon of war and caused by any person acting maliciously or from a political motive.

24. NUCLEAR EXCLUSION In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from

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

24.2 the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.


商品名稱：INSTITUTE MORTGAGEES INTEREST CLAUSES –

HULLS


承保範圍 1 SUBJECT-MATTER INSURED

1.1 This contract commences ….; and is to insure, subject to the conditions stated herein, in interest of… as first mortgagees, in vessels to be declared for periods not in excess of 12 months each declaration.

1.2 This contract does not cover the interest of any other party and is not assignable or otherwise transferable.

2 DECLARATIONS

Subject to the provisions of Clause 3 it is a conditions of this contract that the Assured must declare, without exception, and the Underwriters must accept, all interest by way if first mortgage in any vessel or vessels, giving provisional notice to the name(s) of the vessel(s) and their owner(s) and the amount(s) of the loan(s).

3 SUM INSURED

This contract is for an open amount not to exceed in respect of any one vessel unless specially agreed. In the event of loss after provisional but before final declaration the basis of valuation shall be the amount of the loan not exceeding the sound market value of the vessel at the time of the granting of the loan.

4 WARRANTIES

146

It is warranted in respect of each vessel that : 4.1 Hull and Machinery Policies on terms equivalent to Institute Time Clauses

Hulls or American Institute Hull Clauses and where applicable Increased Value Policies equivalent to Institute Time Clauses – Hulls Disbursements and Increased Value (Total Loss Only including Excess Liabilities) or American Institute Increased Value and Excess Liabilities Clauses, also War Risks policies equivalent to Institute War and Strikes Clauses Hulls – Time and full Protection and Indemnity Risks (hereafter referred to as "Owners' policies and Club Entries") have been t aken out and shall be maintained throughout the currency of this contract.

4.2 The Owners' Policies and Club Entries, warranted in 4.1 above, shall be taken out and maintained in respect of each vessel at all times for an insured value and limit of liability not less than the amount insured hereunder or the amount of the outstanding loan.

4.3 Each of the Owners' Policies and Club Entries is endorsed to the extend of the Assured's interest.

5 CHANGE OF OWNERSHIPP OR CONTROL

This insurance will terminate automatically at the time of any change of ownership, management or control, of which the Assured hereunder has knowledge or privity, unless the Assured gives prompt notice of such change in writing to the Underwriters hereon and agrees to pay an additional premium, if required.

6 INDEMNITY

6.1 This contract is to indemnify the Assured for loss resulting from loss of or damage to or liability of each vessel which is prima facie covered by the Owners' Policies or Club Entries but in respect of which there is subsequent non -payment (or reduced payment which is approved in advance by the Underwriters hereon): 6.1.1 by reason of any act or omission of any one or more of the Owners,

Operators, Charterers or Managers of the vessel or their servants or agents including breach or alleged breach of warranty or condition whether expressed or implied or nondisclosure or alleged non-disclosure of any fact or circumstances of any kind whatsoever.

6.1.2 By virtue of any alleged deliberate, negligent or accidental actor omission or any knowledge or privity of any one or more of the Owners, Operators, Charterers or Managers of the vessel or their servants or agents, including the deliberate or negligent casting away or damaging of the vessel or the vessel being unseaworthy.

6.2 The cover provided under Clause 6.1 above shall only apply while any such act, omission, non-disclosure, breach of warranty or conditions, knowledge or privity occurs or exists without the privity of the Assured.

6.3 The indemnity payable hereunder shall be an amount equal to whichever shall be

147

at least of 6.3.1 the unrecoverable claim or part thereof under Owners' Policies and/or Club

Entries 6.3.2 the outstanding indebtedness under the declared loan at the time for payment

under Clause 8 hereof 6.3.3 the sum insured provided that if the subject-matter insured is not fully insured hereunder by reason

of Clause 3 or otherwise, the indemnity shall be reduced in proportion to the under-insurance.

8 TIME FOR PAYMENT

8.1 There shall be deemed to be a non-payment by the Underwriters of the Owners' policies and/or Club Entries 8.1.1 when a final court judgement is delivered in favour of those Underwriters,

or 8.1.2 at such earlier time as the Assured can demonstrate to the satisfaction of the

Underwriters hereon that there is no reasonable prospect of the Owners and/or Assured succeeding in the claim against the Underwriters of the Owners' Policies and/or Club Entries. In the event of disagreement between the Assured and the Underw riters hereon this shall be referred to a sole arbitrator to be agreed upon between the Underwriters hereon and the Assured.

8.2 Thereafter the Assured shall formally present their claim hereunder and any amount recoverable hereunder shall be payable within three calendar months of the date n which the Assured shall have presented their properly documented claim to the Underwriters of this contract.

9 SUBROGATION

9.1 Upon payment to the Assured of a claim hereunder the Underwriters shall be subrogated to all rights and remedies of the Assured in respect of such payment.

9.2 It is a condition of this contract that any payment(s) by the Underwriters shall be applied by the Assured in or towards discharge or satisfaction of the outstanding indebtedness.

10 DUTY OF ASSURED (SUE & LABOUR)

10.1 It is a condition of this insurance that the Assured shall give notice in writing to the Underwriters hereon of any circumstances which may give rise to a claim under this contract and shall thereafter keep the Underwriters fully informed of al l developments.

10.2 It is the duty of the Assured and their servant and agents to take such measures as may be reasonable for the purpose of averting or minimising a loss which would be recoverable under this contract.

148

10.3 Except as provided in Clause 7.1 the Underwriters will reimburse charges properly and reasonably incurred by the Assured their servants or agents for such measures provided that if the subject -matter insured is not fully insured by reason of Clause 3 or otherwise, the indemnity shall be reduced i n proportion to the under-insurance.

10.4 Measures taken by the Assured or the Underwriters with the object of averting or minimising a loss which would be recoverable under this contract shall not be considered as a waiver or acceptance of a claim or otherwise prejudice the rights of either party.

10.5 The sum recoverable under this Clause 10 shall be in addition to the loss otherwise recoverable under this contract.

11 CANCELLATION

This contract may be cancelled by either the Underwriters or the Assured giving thirty days notice in writing. Notice to commence from midnight of the day when it is issued but such cancellation shall not apply to any risks which have attached in accordance with the cover granted hereunder before the cancellation becomes effective.

12 AUTOMATIC TERMINANTION AND NOTICE OF CANCELLATON – WAR AND STRIKES RISKS

Cover hereunder in respect of the risks which are covered by the Institute War and Strikes Clauses Hulls – Time 1/10/83 shall terminate 12.1 automatically upon the occurrence of any of the events mentioned in Clause

5.2.1 and 5.2.2 of the Termination Clause in the Institute War and Strikes Clauses Hulls – Time 1/10/83

12.2 in respect of any vessel 12.2.1 automatically in the event of the vessel being requisitioned either for

title or use 12.2.2 7 days after the Underwriters of the Owners' War Risks Insurances or

any of them have given notice of cancellation, or 12.2.3 7days after the Underwriters hereon have given notice of cancellation

in respect of the said risks. 12.3 Cancellation in accordance with Clause 12.2.2 and 12.2.3 shall become

effective at the expiry of 7 days from midnight of the day on which the notice of cancellation is given. The Underwriters agree however to reinstate this insurance subject to the agreement between the Underwriters and the Assured prior to the expiry of such notice of cancellation as to new rate of premium and/or conditions and/or warranties.

不保事項 7 EXCLUSIONS

7.1 Excluding the Assured's legal costs and expense incurred in relation to any claim

149

under Hull Policies a nd/or Club Entries 7.2 In no case shall this insurance cover loss damage liability or expenses arising

from: 7.2.1 the relevant Owners' Policies or Club Entries having been lawfully

terminated by the Underwriters thereof due to non -payment of premium or call

7.2.2 insolvency or financial default of any of the Underwriters of the Owners' Policies or Club Entries

7.2.3 inability of any party to transmit funds 7.2.4 any fluctuation in exchanges rates 7.2.5 the operation of any franchise deductible or provision for self -insurance.


商品名稱：INSTITUTE PROTECTION AND INDEMNITY WAR

AND STRIKES CLAUSES HULL － TIME


承保範圍 1. PROTECTION AND INDEMNITY

The Underwriters agree to indemnify the Assured in the manner and to the extent provided in Clause 1 of the Institute Protection and Indemnity Clauses Hull － Time 20/7/87 (excluding Clause 1.3.10) where the claim, demand, damages, costs and/or expenses has/have been caused by

war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power

capture seizure arrest restraint or detainment, and the consequences thereof or any attempt thereat

derelict mines torpedoes bombs or other derelict weapons of war strikers, locked-out workmen, or persons taking part in labour disturbances,

riots or civil commotions any terrorist or any person acting maliciously or from a political motive

confiscation or expropriation.

不保事項 2. EXCLUSIONS Subject always to the exclusion of any claim arising from any detonation of any weapon of war employing atomic or nuclear fission

and/or fusion or other like reaction or radioactive force or matter, hereinafter called a nuclear weapon of war

the outbreak of war (whether there be a declaration of war or not) between any of the following countries: United Kingdom, United States of America, France, the Union of Soviet Socialist Republics, the People’s Republic of China

requisition or pre-emption

150

capture seizure arrest restraint detainment confiscation or expropriation by or under the order of the government or any public or local authority of the country in which the Vessel is owned or registered

arrest restraint detainment confiscation or expropriation under quarantine regulations or by reason of infringement of any customs or trading regulations

the operation of ordinary judicial process, failure to provide security or to pay any fine or penalty or any financial cause piracy (but this exclusion shall not affect cover under Clause 1.4).


商品名稱：INSTITUTE TIME CLAUSES – HULLS

DISBURSEMENTS AND INCREASED VALUE



1.1 The subject-matter insured is covered subject to the provisions of this insurance at all times and the vessel has leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but it is warranted that the vessel shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clause 1.1 shall not exclude customary towage in connection with loading and discharging.

1.2 In the event of the vessel being employed in trading operations which entail cargo loading or discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim shall be recoverable under this insurance in respect of loss of or damage to the subject-matter insured or for liability to any other vessel arising from such loading or discharging operations, including whilst approaching, lying alongside and leaving, unless previous notice that the vessel is to be employed in such operations has been given to the Underwriters and any amended terms of cover and any additional premium required by them have been agreed.

1.3 In the event of the vessel sailing (with or without cargo) with an intention of being (a) broken up, or (b) sold for breaking up, no claim shall be recoverable under this insurance in respect of loss or damage to the vessel occurring subsequent to such sailing unless previous notice has been given to the Underwriters and any amendments to the terms of cover, amount insured and premium required by them have been agreed.

2 CONTINUATION Should the vessel at the expiration of this insurance be at sea or in distress or at a port of refuge or of call, the subject-matter insured shall, provided previous notice be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination.

3. BREACH OF WARRANTY Held covered in case of any breach of warranty as to cargo, locality, trade, towage, salvage services or date of sailing, provided notice be given to the Underwriters

151

immediately after receipt of advices and any amended terms of cover and any additional premium required by them be agreed.

4.TERMINATION This Clause 4 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith. Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of 4.1 change of the Classification Society of the vessel, or change, suspension,

discontinuance, withdrawal or expiry of her Class therein, provided that if the vessel is at sea such automatic termination shall be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class has resulted from loss or damage which would be covered by an insurance of the vessel subject to current Institute Time Clauses Hulls or Institute War and Strikes Clauses Hulls-Time such automatic termination shall only operate should the vessel sail from her next port without the prior approval of the Classification Society,

4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the vessel, provided that, if the vessel has cargo on board and has already sailed from her loading port or is at sea in ballast, such automatic termination shall if required be deferred, whilst the vessel continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition for title or use without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the vessel is at sea or in port. A pro rata daily net return of premium shall be made.

5ASSIGNMENT No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder.

6 PERILS 6.1 This insurance covers total loss (actual or constructive) of the subject-matter

insured caused by 6.1.1 perils of the seas rivers lakes or other navigable waters 6.1.2 fire, explosion 6.1.3 violent theft by persons from outside the vessel 6.1.4 jettison 6.1.5 piracy 6.1.6 breakdown of or accident to nuclear installations or reactors 6.1.7 contact with aircraft or similar objects, or objects falling therefrom,

land conveyance, dock or harbour equipment or installation 6.1.8 earthquake volcanic eruption or lightning.

6.2 This insurance covers total loss (actual or constructive) of the subject-matter insured caused by

6.2.1 accidents in loading discharging or shifting cargo or fuel 6.2.2 bursting of boilers breakage of shafts or any latent defect in the

machinery or hull 6.2.3 negligence of Master Officers Crew or Pilots

152

6.2.4 negligence of repairers or charterers provided such repairers or charterers are not an Assured hereunder

6.2.5 barratry of Master Officers or Crew, provided such loss or damage has not resulted from want of due diligence by the Assured, Owners or Managers.

6.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 6 should they hold shares in the vessel.

6.4 This insurance covers: 6.4.1 General Average, Salvage and Salvage Charges not recoverable in

full under the insurances on hull and machinery by reason of the difference between the insured value of the vessel as stated therein (or any reduced value arising from the deduction therefrom in process of adjustment of any claim which law or practice or the terms of the insurances covering hull and machinery may have required) and the value of the vessel adopted for the purpose of contribution to general average, salvage or salvage charges, the liability under this insurance being for such proportion of the amount not recoverable as the amount insured hereunder bears to the said difference or to the total sum insured against excess liabilities if it exceed such difference.

6.4.2 Sue and labour Charges not recoverable in full under the insurances on hull and machinery by reason of the difference between the insured value of the vessel as stated therein and the value of the vessel adopted for the purpose of ascertaining the amount recoverable under the insurances on hull and machinery, the liability under this insurance being for such proportion of the amount not recoverable as the amount insured hereunder bears to the said difference or to the total sum insured against excess liabilities if it exceed such difference.

6.4.3 Collision Liability (three-fourths) not recoverable in full under the Institute 3/4ths Collision Liability and Sistership Clauses in the insurances on hull and machinery by reason of such three-fourths liability exceeding three-fourths of the insured value of the vessel as stated therein, in which case the amount recoverable under this insurance shall be such proportion of the difference so arising as the amount insured hereunder bears to the total sum insured against excess liabilities.

6.5 The Underwriters' liability under 6.4.1, 6.4.2 and 6.4.3 separately, in respect of any one claim, shall not exceed the amount insured hereunder.

7 POLLUTION HAZARD This insurance covers total loss (actual or constructive) of the vessel caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the vessel caused by a peril covered by this insurance, provided such act of governmental authority has not resulted from want of due diligence by the Assured, the Owners, or Managers of the vessel or any of them to prevent or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the vessel.

8 NOTICE OF CLAIM In the event of accident whereby loss or damage may result in a claim under this insurance, notice shall be given to the Underwriters prior to survey and also, if the vessel is abroad, to the nearest Lloyd's Agent so that a surveyor may be appointed to represent the Underwriters should they so desire.

153


9.1 In ascertaining whether the vessel is a constructive total loss, the insured value in the insurances on hull and machinery shall be taken as the repaired value and nothing in respect of the damaged or break-up value of the vessel or wreck shall be taken into account.

9.2 No claim for constructive total loss based upon the cost of recovery and/or repair of the vessel shall be recoverable hereunder unless such cost would exceed the insured value in the insurances on hull and machinery. In making this determination, only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.

9.3 Provided that the Constructive Total Loss Clause in the current Institute Time Clauses Hulls or a clause having a similar effect is contained in the insurances on hull and machinery, the settlement of a claim for constructive total loss thereunder shall be accepted as proof of the constructive total loss of the vessel.

9.4 Should the vessel be a constructive total loss but the claim on the insurances on hull and machinery be settled as a claim for partial loss, no payment shall be due under this Clause 9.

10 COMPROMISED TOTAL LOSS In the event of a claim for total loss or constructive total loss being settled on the insurances on hull and machinery as a compromised total loss the amount payable hereunder shall be the same percentage of the amount insured as is paid on the said insurances.

11 RETURNS FOR LAY-UP AND CANCELLATION 11.1 To return as follows:

11.1.1Pro rata monthly net for each uncommenced month if this insurance be cancelled by agreement.

11.1.2For each period of 30 consecutive days the vessel may be laid up in a port or in a lay-up area provided such port or lay-up area is approved by the Underwriters (with special liberties as hereinafter allowed)

(a) ……………. per cent net not under repair (b) ………………per cent net under repair.

If the vessel is under repair during part only of a period for which a return is claimable, the return shall be calculated pro rata to the number of days under (a) and (b) respectively.

11.2 PROVIDED ALWAYS THAT 11.2.1a total loss of the vessel, whether by insured perils or otherwise, has

not occurred during the period covered by this insurance or any extension thereof

11.2.2in no case shall a return be allowed when the vessel is lying in exposed or unprotected waters, or in a port or lay-up area not approved by the Underwriters but, provided the Underwriters agree that such non-approved lay-up area is deemed to be within the vicinity of the approved port or lay-up area, days during which the vessel is laid up in such non-approved lay-up area may be added to days in the approved port or lay-up area to calculate a period of 30 consecutive days and a return shall be allowed for the proportion of such period during which the vessel is actually laid up in the approved port or lay-up area

11.2.3loading or discharging operations or the presence of cargo on board shall not debar returns but no return shall be allowed for any period

154

during which the vessel is being used for the storage of cargo or for lightering purposes

11.2.4in the event of any amendment of the annual rate, the above rates of return shall be adjusted accordingly

11.2.5in the event of any return recoverable under this Clause 11 being based on 30 consecutive days which fall on successive insurances effected for the same Assured, this insurance shall only be liable for an amount calculated at pro rata of the period rates 11.1.2 (a) and/or (b) above for the number of days which come within the period of this insurance and to which a return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from the first day on which the vessel is laid up or the first day of a period of 30 consecutive days as provided under 11.1.2 (a) or (b), or 11.2.2 above.

The following clauses shall be paramount and shall override anything contained in this insurance inconsistent therewith. 不保事項 12 WAR EXCLUSION

In no case shall this insurance cover loss damage liability or expense caused by 12.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power



13 STRIKES EXCLUSION In no case shall this insurance cover loss damage liability or expense caused by 13.1 strikers, locked-out workmen, or persons taking part in labour disturbances,



In no case shall this insurance cover loss damage liability or expense arising from

14.1 the detonation of an explosive 14.2 any weapon of war and caused by any person acting maliciously or from a

political motive.

15 NUCLEAR EXCLUSION In no case shall this insurance cover loss damage liability or expense arising from any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.


商品名稱：INSTITUTE TIME CLAUSES HULLS


承保範圍

155

1 NAVIGATION 1.1 The Vessel is covered subject to the provisions of this insurance at all times and

has leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but it is warranted that the Vessel shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clause 1 .1 shall not exclude customary towage in connection with loading and discharging.

1.2 In the event of the Vessel being employed in trading operations which entail cargo loading or discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim shall be recoverable under this insurance for loss of or damage to the Vessel or liability to any other vessel arising from such loading or discharging operations, including whilst approaching, lying alongside and leaving, unless previous notice that the vessel is to be employed in such operations has been given to the Underwriters and any amended terms of cover and any additional premium required by them have been agreed.

1.3 In the event of the Vessel sailing (with or without cargo) with an intention of being (a) broken up, or (b) sold for breaking up, any claim for loss of or damage to the Vessel occurring subsequent to such sailing shall be limited to the market value of the Vessel as scrap at the time when the loss or damage is sustained, unless previous notice has been given to the Underwriters and any amendments to the terms of cover, insured value arid premium required by them have been agreed. Nothing in this Clause 1.3 shall affect claims under Clauses 8 and/or 11.

2 CONTINUATION 2.1 Should the Vessel at the expiration of this insurance be at sea or in distress or

at a port of refuge or of call, she shall, provided previous notice be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination.

3 BREACH OF WARRANTY Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of sailing, provided notice be given to the Underwriters immediately after receipt of advices and any amended terms of cover and any additional premium required by them he agreed.

4 TERMINATION This Clause 4 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith. Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of

4.1 change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or expiry of her Class therein, provided that if the Vessel is at sea such automatic termination shall be deferred until arrival at her

156

next port. However where such change, suspension, discontinuance or withdrawal of her Class has resulted from loss or damage covered by Clause 6 of this insurance or which would be covered by an insurance of the Vessel subject to current Institute War and Strikes Clauses Hulls-Time such automatic termination shall only operate should the Vessel sail from her next port without the prior approval of the Classification Society,

4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the Vessel, provided that, if the Vessel has cargo on board and has already sailed from her loading port or is at sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition for title or use without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the Vessel is at sea or in port. A pro rata daily net return of premium shall be made.

5 ASSIGNMENT No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder.

6 PERILS

6.1 This insurance covers loss of or damage to the subject-matter insured caused by

6.1.1 perils of the seas rivers lakes or other navigable waters 6.1.2 fire, explosion 6.1.3 violent theft by persons from outside the Vessel 6.1.4 jettison 6.1.5 piracy 6.1.6 breakdown of or accident to nuclear installations or reactors 6.1.7 contact with aircraft or similar objects, or objects falling therefrom,

land conveyance, dock or harbour equipment or installation 6.1.8 earthquake volcanic eruption or lightning.

6.2 This insurance covers loss of or damage to the subject-matter insured caused by 6.2.1 accidents in loading discharging or shifting cargo or fuel 6.2.2 bursting of boilers breakage of shafts or any latent defect in the

machinery or hull 6.2.3 negligence of Master Officers Crew or Pilots

157



6.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 6 should they hold shares in the Vessel.

7 POLLUTION HAZARD This insurance covers loss of or damage to the Vessel caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the Vessel for which the Underwriters are liable under this insurance, provided such act of governmental authority has not resulted from want of due diligence by the Assured, the Owners, or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in this Vessel.

8 3/4THS COLLISION LIABILITY 8.1The Underwriters agree to indemnify the Assured for three-fourths of any sum or

sums paid by the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damages. for

8.1.1 loss of or damage to any other vessel or property on any other vessel 8.1.2 delay to or loss of use of any such other vessel or property thereon 8.1.3 general average of, salvage of, or salvage under contract of, any such other

vessel or property thereon, where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any other vessel.

8.2The indemnity provided by this Clause 8 shall he in addition to the indemnity provided by the other terms and conditions of this insurance and shall be subject to the following provisions:

8.2.1 Where the insured Vessel is in collision with another vessel and both vessels are to blame then, unless the liability of one or both vessels becomes limited by law, the indemnity under this Clause 8 shall be calculated on the principle of cross-liabilities as if the respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of the collision.

8.2.2 In no case shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed their proportionate part of three-fourths of the insured value of the Vessel hereby insured in respect of any one collision

8.3 The Underwriters will also pay three-fourths of the legal costs incurred by the Assured or which the Assured may be compelled to pay in contesting liability or taking proceedings to limit liability, with the prior written consent of the

158

Underwriters. EXCLUSIONS

8.4 Provided always that this Clause 8 shall in no case extend to any sum which the Assured shall pay for or in respect of 8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing

whatsoever 8.4.2 any real or personal property or thing whatsoever except other vessels or

property on other vessels 8.4.3 the cargo or other property on, or the engagements of, the insured Vessel 8.4.4 Loss of life, personal injury or illness 8.4.5 pollution or contamination of any real or personal property or thing

whatsoever (except other vessels with which the insured Vessel is in collision or property on such other vessels).

9 SISTERSHIP Should the Vessel hereby insured come into collision with or receive salvage services from another vessel belonging wholly or in part to the same Owners or under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the property of Owners not interested in the Vessel hereby insured; but in such cases the liability for the collision or the amount payable for the services rendered shall be referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured.

10 NOTICE OF CLAIM AND TENDERS 10.1 In the event of accident whereby loss or damage may result in a claim under

this insurance, notice shall be given to the Underwriters prior to survey and also, if the Vessel is abroad, to the nearest Lloyd’s Agent so that a surveyor may be appointed to represent the Underwriters should they so desire.

10.2 The Underwriters shall be entitled to decide the port to which the Vessel shall proceed for docking or repair (the actual additional expense of the voyage arising from compliance with the Underwriters’ requirements being refunded to the Assured) and shall have a right of veto concerning a place of repair or a repairing firm.

10.3 The Underwriters may also take tenders or may require further tenders to be taken for the repair of the Vessel. Where such a tender has been taken and a tender is accepted with the approval of the Underwriters, an allowance shall be made at the rate of 30% per annum on the insured value for time lost between the despatch of the invitations to tender required by Underwriters and the acceptance of a tender to the extent that such time is lost solely as the result of tenders having been taken and provided that the tender is accepted without delay after receipt of the Underwriters’ approval. Due credit shall be given against the allowance as above for any amounts recovered in respect of fuel and stores and wages and maintenance of the Master Officers and Crew or any member thereof, including amounts allowed

159

in general average, and for any amounts recovered from third parties in respect of damages for detention and/or loss of profit and/or running expenses, for the period covered by the tender allowance or any part thereof. Where a part of the cost of the repair of damage other than a fixed deductible is not recoverable from the Underwriters the allowance shall be reduced by a similar proportion.

10.4 In the event of failure to comply with the conditions of this Clause 10 a deduction of 15% shall be made from the amount of the ascertained claim.

11. GENERAL AVERAGE AND SALVAGE

This insurance covers the Vessel’s proportion of salvage, salvage charges and/or general average, reduced in respect of any under-insurance, but in case of general average sacrifice of the Vessel the Assured may recover in respect of the whole loss without first enforcing their right of contribution from other parties. Adjustment to be according to the law and practice obtaining at the place where the adventure ends, as if the contract of affreightment contained no special terms upon the subject; but where the contract of affreightment so provides the adjustment shall be according to the York-Antwerp Rules. When the Vessel sails in ballast, not under charter, the provisions 01’ the York-Antwerp Rules, 1974 (excluding Rules XX and XXI) shall be applicable, and the voyage for this purpose shall be deemed to continue from the port or place of departure until the arrival of the Vessel at the first port or place thereafter other than a port or place of refuge or a port or place of call for bunkering only. If at any such intermediate port or place there is an abandonment of the adventure originally contemplated the voyage shall thereupon be deemed to be terminated. No claim under this Clause 11 shall in any case be allowed where the loss was not incurred to avoid or in connection with the avoidance of a peril insured against.

12. DEDUCTIBLE No claim arising from a peril insured against shall be payable under this insurance

unless the aggregate of all such claims arising out of each separate accident or occurrence (including claims Under Clauses 8, 11and 13) exceeds……………………………………………………… in which case this sum shall be deducted. Nevertheless the expense ‘of sighting the bottom after stranding, if’ reasonably incurred specially for that purpose, shall be paid even if no damage be found. This Clause 12.1 shall not apply to a claim for total or constructive total loss of the Vessel or, in the event of such a claim, to any associated claim under Clause 13 arising from the same accident or occurrence.

Claims for damage by heavy weather occurring during a single sea passage between two successive ports shall be treated as being due to one accident. In

160

the case of such heavy weather extending over a period not wholly covered by this insurance the deductible to be applied to the claim recoverable hereunder shall be the proportion of the above deductible that the number of days of such heavy weather falling within the period of this insurance bears to the number of days of heavy weather during the single sea passage. The expression “heavy weather” in this Clause 12.2 shall be deemed to include contact with floating ice.

Excluding any interest comprised therein, recoveries against any claim which is subject to the above deductible shall be credited to the Underwriters in full to the extent of the sum by which the aggregate of the claim unreduced by any recoveries exceeds the above deductible.

Interest comprised in recoveries shall be apportioned between the Assured and the Underwriters, taking into account the sums paid by the Underwriters and the dates when such payments were made, notwithstanding that by the addition of interest the Underwriters may receive a Larger sum than they have paid.

13. DUTY OF ASSURED (SUE AND LABOUR) In case of any loss or misfortune it is the duty of the Assured and their servants and agents to take such measures as may be reasonable for the purpose of averting or minimising a loss which would be recoverabLe under this insurance. Subject to the provisions below and to Clause 12 the Underwriters will contribute to charges properly and reasonably incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as provided for in Clause 13.5) and collision defence or attack costs are not recoverable under this Clause 13. Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party. When expenses are incurred pursuant to this Clause 13 the liability under this insurance shall not exceed the proportion of such expenses that the amount insured hereunder bears to the value of the Vessel as stated herein, or to the sound value of the Vessel at the time of the occurrence giving rise to the expenditure if the sound value exceeds that value. Where the Underwriters have admitted a claim for total loss and property insured by this insurance is saved, the foregoing provisions shall not apply unless the expenses of suing and labouring exceed the value of such property saved and then shall apply only to the amount of the expenses which is in excess of such value. When a claim for total loss of the Vessel is admitted under this insurance and expenses have been reasonably incurred in saving or attempting to save the Vessel and other property and there are no proceeds, or the expenses exceed the proceeds, then this insurance shall bear its pro rata share of such proportion of the expenses, or of the expenses in excess of the proceeds, as the case may be, as may

161

reasonably be regarded as having been incurred in respect of the Vessel; but if the Vessel be insured for less than its sound value at the time of the occurrence giving rise to the expenditure, the amount recoverable under this clause shall be reduced in proportion to the 1.inder-insurance. ‘ The sum recoverable under this Clause I) shall be in addition to the loss otherwise recoverable under this insurance but shall in no circumstances exceed the amount insured under this insurance in respect of the Vessel.

14. NEW FOR OLD Claims payable without deduction new for old.

15. BOTTOM TREATMENT

In no case shall a claim be allowed in respect of scraping gritblasting and/or other surface preparation or painting of the Vessel’s bottom except that

gritblasting and/or other surface preparation of new bottom plates ashore and supplying and applying any “shop” primer thereto,

gritblasting and/or other surface preparation of: the butts or area of plating immediately adjacent to any renewed or refitted plating damaged during the course of welding and/or repairs, areas of plating damaged during the course of fairing, either in place or ashore,

supplying and applying the first coat of primer/anti-corrosive to those particular areas mentioned in 15.1 and 15.2 above, shall be allowed as part of the reasonable cost of repairs in respect of bottom plating damaged by an insured peril.

16. WAGES AND MAINTENANCE No claim shall be allowed, other than in general average, for wages and maintenance of the Master, Officers and Crew, or any member thereof, except when incurred solely for the necessary removal of the Vessel from one port to another for the repair of damage covered by the Underwriters, or for trial trips for such repairs, and then only for such wages and maintenance as are incurred whilst the Vessel is under way.

17. AGENCY COMMISSION In no case shall any sum be allowed under this insurance either by way of remuneration of the Assured for time and trouble taken to obtain and supply information or documents or in respect of the commission or charges of any manager, agent, managing or agency company or the like, appointed by or on behalf of the Assured to perform such services.

18. UNREPAIRED DAMAGE The measure of indemnity in respect of claims for unrepaired damage shall be the reasonable depreciation in the market value of the Vessel at the time this insurance terminates arising from such unrepaired damage, but not exceeding the reasonable cost of repairs. In no case shall the Underwriters be liable for unrepaired damage in the event of a

162

subsequent total loss (whether or not covered under this insurance) sustained during the period covered by this insurance or any extension thereof. The Underwriters shall not be liable in respect of unrepaired damage for more than the insured value at the time this insurance terminates.

19. CONSTRUCTIVE TOTAL LOSS In ascertaining whether the Vessel is a constructive total loss, the insured value shall be taken as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account. No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination, only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.

20. FREIGHT WAIVER In the event of total or constructive total loss no claim to be made by the Underwriters for freight whether notice of abandonment has been given or not.

21. DISBURSEMENTS WARRANTY Additional insurances as follows are permitted:

Disbursements, Managers’ Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum not exceeding 25% of the value stated herein. Freight, Chartered Freight or Anticipated Freight, insured for lime. A sum not exceeding 25% of the value as stated herein less any sum insured, however described, under 21.1.1. Freight or Hire, under contracts for voyage. A sum not exceeding the gross freight or hire for the current cargo passage and next succeeding cargo passage (such insurance to include, if required, a preliminary and an intermediate ballast passage) plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid down herein. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the freight or hire is advanced or earned by the gross amount so advanced or earned. Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum not exceeding the anticipated gross freight on next cargo passage, such sum to be reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges of insurance. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured. Time Charter Hire or Charter Hire for Series of Voyages. A sum not

exceeding 50% of the gross hire which is to be earned under the charter in a period not exceeding 18 months. Any sum insured under

163

21.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the hire is advanced or earned under the charter by 50% of the gross amount so advanced or earned but the sum insured need not be reduced while the total of the sums insured under 21.1.2 and 2 1.1.5 does not exceed 50% of the gross hire still to be earned under the charter. An insurance under this Section may begin on the signing of the charter.

Premiums. A sum not exceeding the actual premiums of all interests insured for a period not exceeding 12 months (excluding premiums insured under the foregoing sections but including, if required, the premium or estimated calls on any Club or War etc. Risk insurance) reducing pro rata monthly. Returns of Premium. A sum not exceeding the actual returns which are

allowable under any insurance but which would not be recoverable thereunder in the event of a total loss of the Vessel whether by insured perils or otherwise.

Insurance irrespective of amount against: Any risks excluded by Clauses 23, 24, 25 and 26 below.

Warranted that no insurance on any interests enumerated in the foregoing 21 .1.1 to 21.1.7 in excess of the amounts permitted therein and no other insurance which includes total toss of the Vessel P.P.I., F.I.A., or subject to any other like term, is or shall be effected to operate during the currency of this insurance by or for account of the Assured, Owners, Managers or Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters any defence to a claim by a Mortgagee who has accepted this insurance without knowledge of such breach.

22. RETURNS FOR LAY-UP AND CANCELLATION

To return as follows: Pro rata monthly net for each uncommenced month if this insurance be cancelled by agreement. For each period of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area provided such port or lay-up area is approved by the Underwriters ( with special liberties as hereinafter allowed )

(a) ……………………………per cent net not under repair (b) ……………………………per cent net under repair.

If the Vessel is under repair during part only of a period for which a return is claimable, the return shall be calculated pro rata to the number of days under (a) and (b) respectively.

PROVIDED ALWAYS THAT a total loss of the Vessel, whether by insured perils or otherwise, has

not occurred during the period covered by this insurance or any extension thereof

in no case shall a return be allowed when the Vessel is lying in exposed

164

or unprotected waters, or in a port or lay-up area not approved by the Underwriters but, provided the Underwriters agree that such non-approved lay-up area is deemed to be within the vicinity of the approved port or lay-up area, days during which the Vessel is laid up in such hon-approved lay-up area may be added to days in the approved port or lay-up area to calculate a period of 30 consecutive slays and a return shall be allowed for the proportion of such period during which the Vessel is actually laid up in the approved port or lay-up area

loading or discharging operations or the presence of cargo on board shall not debar returns but no return shall be allowed for any period during which the Vessel is being used for the storage of cargo or for lightering purposes in the event of any amendment of the annual rate, the above rates of return shall be adjusted accordingly in the event of any return recoverable under this Clause 22 being based on 30 consecutive days which fall on successive insurances effected for the same Assured, this insurance shall only be liable for an amount calculated at pro rata of the period rates 22.1.2 (a) and/or (b) above for the number of days which come within the period of this insurance and to which a return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from the first day on which the. Vessel is laid up or the first day of a period of 30 consecutive days as provided under 22.l.2 (a) or (b), or 22.2.2 above.



商品名稱：INSTITUTE TIME CLAUSES HULLS



The Vessel has leave to proceed to and from any wet or dry docks harbours ways cradles and pontoons, within the limits specified in this insurance.

2 TERMINATION

165

This Clause 2 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith.

Unless Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of 2.1 change of the Classification Society of the Vessel, or change, suspension,

discontinuance, withdrawal or expiry of her Class therein. However where such change, suspension, discontinuance or withdrawal of her Class has resulted from loss or damage covered by Clause 4 of this insurance or which would be covered by an insurance of the Vessel subject to current Institute War and Strikes Clauses Hulls-Time such automatic termination shall not operate.

2.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the Vessel. However, in the event of requisition for title or use without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the Vessel is in port or at sea.

3 ASSIGNMENT

No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder.

4 PERILS


4.1.1 perils of the seas rivers lakes or other navigable waters

4.1.2 fire lightning explosion

4.1.3 violent theft by persons from outside the Vessel

4.1.4 jettison

4.1.5 piracy

4.1.6 breakdown of or accident to nuclear installations or reactors

4.1.7 contact with aircraft or similar objects, or objects falling therefrom, land conveyance, dock or harbour equipment or installation.


4.2.1 accidents in loading discharging or shifting cargo or fuel

166

4.2.2 bursting of boilers breakage of shafts or any latent defect in the machinery or hull

4.2.3 negligence of Master Officers Crew or Pilots




5 EARTHQUAKE AND VOLCANIC ERUPTION EXCLUSION

In no case shall this insurance cover loss damage liability or expense caused by earthquake or volcanic eruption. This exclusion applies to all claims including claims under Clauses 7, 9, 11 and 13.

6 POLLUTION HAZARD

This insurance covers loss of or damage to the Vessel caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the Vessel for which the Underwriters are liable under this insurance, provided such act of governmental authority has not resulted from want of due diligence by the Assured, the Owners, or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of this Clause 6 should they hold shares in the Vessel.

7 COLLISION LIABILITY

7.1 The Underwriters agree to indemnify the Assured for any sum or sums paid by the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damages for

7.1.1 loss of or damage to any other vessel or property on any other vessel

7.1.2 delay to or loss of use of any such other vessel or property thereon

7.1.3 general average of, salvage of, or salvage under contract of, any such other vessel or property thereon, where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any other vessel.

7.2 The indemnity provided by this Clause 7 shall be in addition to the indemnity provided by the other terms and conditions of this insurance and shall be subject to the following provisions:

167

7.2.1Whether the insured Vessel is in collision with another vessel and both vessels are to blame then, unless the liability of one or both vessels becomes limited by law, the indemnity under this Clause 7 shall be calculated on the principle of cross-liabilities as if the respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of the collision.

7.2.2 In no case shall the Underwriters’ total liability under Clauses 7.1 and 7.2 exceed their proportionate part of the insured value of the Vessel hereby insured in respect of any one such collision.

7.3 The Underwriters will also pay the legal costs incurred by the Assured or which the Assured may be compelled to pay in contesting liability or taking proceedings to limit liability, with the prior written consent of the Underwriters.

EXCLUSIONS

7.4 Provided always that this Clause 7 shall in no case extend to any sum which the Assured shall pay for or in respect of

7.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever

7.4.2 any real or personal property or thing whatsoever except other vessels or property on other vessels

7.4.3 the cargo or other property on, or the engagements of, the insured Vessel

7.4.4 loss of life, personal injury or illness

7.4.5 pollution or contamination of any real or personal property or thing whatsoever (except other vessels with which the insured Vessel is in collision or property on such other vessels).

8 SISTERSHIP Should the Vessel hereby insured come into collision with or receive salvage services from another vessel belonging wholly or in part to the same Owners or under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the property of Owners not interested in the Vessel hereby insured; but in such cases the liability for the collision or the amount payable for the services rendered shall be referred to a sole arbitrator to be agreed upon between the Underwriters and Assured.

9 PROTECTION AND INDEMNITY

9.1 The Underwriters agree to indemnify the Assured for any sum or sums paid by the Assured to any other person or persons by reason of the Assured becoming legally liable, as owner of the Vessel, for any claim, demand, damages and/or

168

expenses, where such liability is in consequence of any of the following matters or things and arises from an accident or occurrence during the period of this insurance: 9.1.1 loss of or damage to any fixed or movable object or property or other

thing or interest whatsoever, other than the Vessel, arising from any cause whatsoever in so far as such loss or damage is not covered by Clause 7

9.1.2 any attempted or actual raising, removal or destruction of any fixed or movable object or property or other thing, including the wreck of the Vessel, or any neglect or failure to raise, remove, or destroy the same

9.1.3 liability assumed by the Assured under contracts of customary towage for the purpose of entering or leaving port or manoeuvring within the port during the ordinary course of trading

9.1.4 loss of life, personal injury, illness or payments made for life salvage

9.1.5 liability under Clause 1(a) of the current Lloyd’s Standard Form of Salvage Agreement in respect of unsuccessful, partially successful, or uncompleted services if and to the extent that the salvor’s expenses plus the increment exceed any amount otherwise recoverable under the Agreement.

9.2 The Underwriters agree to indemnify the Assured for any of the following arising from an accident or occurrence during the period of this insurance:

9.2.1 the additional cost of fuel, insurance, wages, stores, provisions and port charges reasonably incurred solely for the purpose of landing from the Vessel sick or injured persons or stowaways, refugees, or persons saved at sea


9.2.3 fines imposed on the Vessel, on the Assured, or on any Master Officer crew member or agent of the Vessel who is reimbursed by the Assured, for any act or neglect or breach of any statute or regulation relating to the operation of the Vessel, provided that the Underwriters shall not be liable to indemnify the Assured for any fines which result from any act neglect failure or default of the Assured their agents or servants other than Master Officer or crew member



169

EXCLUSIONS

9.3 Notwithstanding the provisions of Clauses 9.1 and 9.2 this Clause 9 does not cover any liability cost or expense arising in respect of:

9.3.1 any direct or indirect payment by the Assured under workmen’s compensation or employers’ liability act and any other statutory or common law, general maritime law or other liability whatsoever in respect of accidents to or illness of workmen or any other persons employed in any capacity whatsoever by the Assured or others in on or about or in connection with the Vessel or her cargo, materials or repairs


9.3.3 punitive or exemplary damages, however described

9.3.4 cargo or other property carried, to be carried or which has been carried on board the Vessel but this Clause 9.3.4 shall not exclude any claim in respect of the extra cost of removing cargo from the wreck of the Vessel

9.3.5 property, owned by builders or repairers or for which they are responsible, which is on board the Vessel

9.3.6 liability arising under a contract or indemnity in respect of containers, equipment, fuel or other property on board the Vessel and which is owned or leased by the Assured



9.3.9 fines or penalties arising from overloading or illegal fishing

9.3.10 pollution or contamination of any real or personal property or thing whatsoever (This Clause 9.3.10 shall not exclude any amount recoverable under Clause 9.1.5)

9.3.11 general average, sue and labour and salvage charges, salvage, and/or collision liability to any extent that they are not recoverable under Clauses 7, 11 and 13 by reason of the agreed value and/or the amount insured in respect of the Vessel being inadequate.

9.4 The indemnity provided by this Clause 9 shall be in addition to the indemnity provided by the other terms and conditions of this insurance.

170

9.5 Where the Assured or the Underwriters may or could have limited their liability the indemnity under this Clause 9 in respect of such liability shall not exceed Underwriters’ proportionate part of the amount of such limitation.

9.6 In no case shall the Underwriters’ liability under this Clause 9 in respect of each separate accident or occurrence or series of accidents arising out of the same event, exceed their proportionate part of the insured value of the Vessel.

9.7 PROVIDED ALWAYS THAT

9.7.1 prompt notice must be given to the Underwriters of every casualty event or claim upon the Assured which may give rise to a claim under this Clause 9 and of every event or matter which may cause the Assured to incur liability costs or expense for which he may be insured under this Clause 9.


10 NOTICE OF CLAIM AND TENDERS

10.1In the event of accident whereby loss or damage may result in a claim under this insurance, notice shall be given to the Underwriters prior to survey and also, if the Vessel is abroad, to the nearest Lloyd’s Agent so that a surveyor may be appointed to represent the Underwriters should they so desire.

10.2The Underwriters shall be entitled to decide the port to which the Vessel shall proceed for docking or repair (the actual additional expense of the voyage arising from compliance with the Underwriters’ requirements being refunded to the Assured) and shall have a right of veto concerning a place of repair or a repairing firm.

10.3The Underwriters may also take tenders or may require further tenders to be taken for the repair of the Vessel. Where such a tender has been taken and a tender is accepted with the approval of the Underwriters, an allowance shall be made at the rate of 30% per annum on the insured value for time lost between the despatch of the invitations to tender required by Underwriters and the acceptance of a tender to the extent that such time is lost solely as the result of tenders having been taken and provided that the tender is accepted without delay after receipt of the Underwriters’ approval.

Due credit shall be given against the allowance as above for any amounts recovered in respect of fuel and stores and wages and maintenance of the Master Officers and Crew or any member thereof, including amounts allowed in general average, and for any amounts recovered from third parties in respect of damages for detention and/or loss of profit and/or running expenses, for the period covered by the tender allowance or any part thereof.

171

Where a part of the cost of the repair of damage other than a fixed deductible is not recoverable from the Underwriters the allowance shall be reduced by a similar proportion.

10.4In the event of failure to comply with the conditions of this Clause 10, a deduction of 15% shall be made from the amount of the ascertained claim.

11 GENERAL AVERAGE AND SALVAGE

11.1This insurance covers the Vessel’s proportion of salvage, salvage charges and/or general average, reduced in respect of any under-insurance, but in case of general average sacrifice of the Vessel the Assured may recover in respect of the whole loss without first enforcing their right of contribution from other parties.

11.2Adjustment to be according to the law and practice obtaining at the place where the adventure ends, as if the contract of affreightment contained no special terms upon the subject; but where the contract of affreightment so provides the adjustment shall be according to the York-Antwerp Rules.

11.3No claim under this Clause 11 shall in any case be allowed where the loss was not incurred to avoid or in connection with the avoidance of a peril insured against.

12 DEDUCTIBLE

12.1No claim arising from a peril insured against shall be payable under this insurance unless the aggregate of all such claims arising out of each separate accident or occurrence (including claims under Clause 7, 9, 11 and 13) exceed ……………………………………….. in which case this sum shall be deducted. Nevertheless the expense of sighting the bottom after stranding, if reasonably incurred specially for that purpose, shall be paid even if no damage be found. This Clause 12.1 shall not apply to a claim for total or constructive total loss of the Vessel or, in the event of such a claim, to any associated claim under Clause 13 arising from the same accident or occurrence.

12.2Excluding any interest comprised therein, recoveries against any claim which is subject to the above deductible shall be credited to the Underwriters in full to the extent of the sum by which the aggregate of the claim unreduced by any recoveries exceeds the above deductible.

12.3Interest comprised in recoveries shall be apportioned between the Assured and the Underwriters, taking into account the sums paid by the Underwriters and the dates when such payments were made, notwithstanding that by the addition of interest the Underwriters may receive a larger sum than they have paid.

13 DUTY OF ASSURED (SUE AND LABOUR)

172

13.1In case of any loss or misfortune it is the duty of the Assured and their servants and agents to take such measures as may be reasonable for the purpose of averting or minimising a loss which would be recoverable under this insurance.

13.2Subject to the provisions below and to Clause 12 the Underwriters will contribute to charges properly and reasonably incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as provided for in Clause 13.5) collision defence or attack costs and costs incurred by the Assured in avoiding, minimising or contesting liability covered by Clause 9 are not recoverable under this Clause 13.

13.3Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.

13.4When expenses are incurred pursuant to this Clause 13 the liability under this insurance shall not exceed the proportion of such expenses that the amount insured hereunder bears to the value of the Vessel as stated herein, or to the sound value of the Vessel at the time of the occurrence giving rise to the expenditure if the sound value exceeds that value. Where the Underwriters have admitted a claim for total loss and property insured by this insurance is saved, the foregoing provisions shall not apply unless the expenses of suing and labouring exceed the value of such property saved and then shall apply only to the amount of the expenses which is in excess of such value.

13.5When a claim for total loss of the Vessel is admitted under this insurance and expenses have been reasonably incurred in saving or attempting to save the Vessel and other property and there are no proceeds, or the expenses exceed the proceeds, then this insurance shall bear its pro rata share of such proportion of the expenses, or of the expenses in excess of the proceeds, as the case may be, as may reasonably be regarded as having been incurred in respect of the Vessel; but if the Vessel be insured for less than its sound value at the time of the occurrence giving rise to the expenditure, the amount recoverable under this clause shall be reduced in proportion to the under-insurance.

13.6The sum recoverable under this Clause 13 shall be in addition to the loss otherwise recoverable under this insurance but shall in no circumstances exceed the amount insured under this insurance in respect of the Vessel.

14 NEW FOR OLD

Claims payable without deduction new for old. 15 BOTTOM TREATMENT

In no case shall a claim be allowed in respect of scraping gritblasting and/or other

173

surface preparation or painting of the Vessel’s bottom except that

15.1 gritblasting and/or other surface preparation of new bottom plates ashore and supplying and applying any “shop” primer thereto,

15.2 gritblasting and/or other surface preparation of:

the butts or area of plating immediately adjacent to any renewed or refitted plating damaged during the course of welding and/or repairs,

areas of plating damaged during the course of fairing, either in place or ashore,

15.3 supplying and applying the first coat of primer/anti-corrosive to those particular areas mentioned in 15.1 and 15.2 above, shall be allowed as part of the reasonable cost of repairs in respect of bottom plating damaged by an insured peril.

16 WAGES AND MAINTENANCE

No claim shall be allowed, other than in general average, for wages and maintenance of the Master, Officers and Crew, or any member thereof, except when incurred solely for the necessary removal of the Vessel, with the agreement of the Underwriters, from one port to another for the repair of damage covered by the Underwriters, or for trial trips for such repairs, and then only for such wages and maintenance as are incurred whilst the Vessel is under way.

17 AGENCY COMMISSION

In no case shall any sum be allowed under this insurance either by way of remuneration of the Assured for time and trouble taken to obtain and supply information or documents or in respect of the commission or charges of any manager, agent, managing or agency company or the like, appointed by or on behalf of the Assured to perform such services.

18 UNREPAIRED DAMAGE

18.1 The measure of indemnity in respect of claims for unrepaired damage shall be the reasonable depreciation in the market value of the Vessel at the time this insurance terminates arising from such unrepaired damage, but not exceeding the reasonable cost of repairs.

18.2 In no case shall the Underwriters be liable for unrepaired damage in the event of a subsequent total loss (whether or not covered under this insurance) sustained during the period covered by this insurance or any extension thereof.



174

19.1 In ascertaining whether the Vessel is a constructive total loss, the insured value shall be taken as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.

19.2 No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.

20 DISBURSEMENTS WARRANTY

20.1 Additional insurances as follows are permitted:

20.1.1 Disbursements, Managers’ Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum not exceeding 25% of the value stated herein.

20.1.2 Earnings or Anticipated Freight, insured for time. A sum not exceeding 25% of the value as stated herein less any sum insured, however described, under 20.1.1.

20.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the gross freight or hire for the first passage and next succeeding cargo passage plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid down herein. Any sum insured under 20.1.2 to be taken into account and only the excess thereof may be insured.

20.1.4 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which is to be earned under the charter in a period not exceeding 18 months. Any sum insured under 20.1.2 to be taken into account and only the excess thereof may be insured. An insurance under this Section may begin on the signing of the charter.

20.1.5 Premiums. A sum not exceeding the actual premiums of all interests insured for a period not exceeding 12 months (excluding premiums insured under the foregoing sections but including, if required, the premium or estimated calls on any Club or War etc. Risk insurance) reducing pro rata monthly.

20.1.6 Returns of Premium. A sum not exceeding the actual returns which are allowable under any insurance but which would not be recoverable thereunder in the event of a total loss of the Vessel whether by insured perils or otherwise.

175

20.1.7 Insurance irrespective of amount against:

Any risks excluded by Clauses 5, 22, 23, 24 and 25.

20.2 Warranted that no insurance on any interests enumerated in the foregoing 20.1.1 to 20.1.6 in excess of the amounts permitted therein and no other insurance which includes total loss of the Vessel P.P.I., F.I.A., or subject to any other like term, is or shall be effected to operate during the currency of this insurance by or for account of the Assured, Owners, Managers or Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters any defence to a claim by a Mortgagee who has accepted this insurance without knowledge of such breach.

21 RETURNS FOR CANCELLATION

To return pro rata monthly net for each uncommenced month if this insurance be cancelled either by agreement or by the operation of Clause 2 provided that a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during the period of this insurance or any extension thereof.

The following clauses shall be paramount and shall override anything contained in this insurance inconsistent therewith. 不保事項 22 WAR EXCLUSION

In no case shall this insurance cover loss damage liability or expense caused by




23 STRIKES EXCLUSION

In no case shall this insurance cover loss damage liability or expense caused by

23.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions

23.2 any terrorist or any person acting from a political motive.


In no case shall this insurance cover loss damage liability or expense arising from

24.1 the detonation of an explosive

24.2 any weapon of war and caused by any person acting maliciously or from a political motive.

176


In no case shall this insurance cover loss damage liability or expense arising from any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.


商品名稱：INSTITUTE TIME CLAUSES HULLS PORT RISKS

including LIMITED NAVIGATION



1.1 The Vessel has leave to proceed to and from any wet or dry docks harbours ways cradles and pontoons, within the limits specified in this insurance.

1.2 The Vessel is held covered in case of deviation or change of voyage, provided notice be given immediately after receipt of advices and any amended terms of cover and any additional premium required be agreed.

2 CONTINUATION Should the Vessel at the expiration of insurance be at sea and in distress or missing, she shall, provided notice be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination.

3 TERMINATION This Clause 3 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith. Unless Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of

3.1 change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or expiry of her Class therein, provided that if the Vessel is at sea such termination shall be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class has resulted from loss or damage covered by Clause 5 of this insurance or which would be covered by an insurance of the Vessel subject to current Institute War and Strikes Clauses Hulls-Time such automatic termination shall only operate should the Vessel sail from her next port without the prior approval of the Classification society,

3.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new

177

management, or charter on a bareboat basis, or requisition for title or use of the Vessel. However, in the event of requisition for title or use without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the Vessel is in port or at sea.

4 ASSIGNMENT

No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder.

5 PERILS 5.1 This insurance covers loss of or damage to the subject-matter insured caused

by 5.1.1 perils of the seas rivers lakes, or other navigable waters 5.1.2 fire lightning explosion 5.1.3 violent theft by persons from outside the Vessel 5.1.4 jettison 5.1.5 piracy 5.1.6 breakdown of or accident to nuclear installations or reactors 5.1.7 contact with aircraft or similar objects, or objects falling therefrom,

land conveyance, dock or harbour equipment or installation. 5.2 This insurance covers loss of or damage to the subject-matter insured caused

by 5.2.1 accidents in loading discharging or shifting cargo or fuel 5.2.2 bursting of boilers breakage of shafts or any latent defect in the

machinery or hull 5.2.3 negligence of Master Officers Crew or Pilots 5.2.4 negligence of repairers or charterers provided such repairers or

charterers are not an Assured hereunder 5.2.5 barratry of Master Officers or Crew, provided such loss or damage has

not resulted from want of due diligence by the Assured, Owners or Managers.


6 EARTHQUAKE AND VOLCANIC ERUPTION EXCLUSION In no case shall this insurance cover loss damage liability or expense caused by earthquake or volcanic eruption. This exclusion applies to all

178

claims including claims under Clauses 8, 10, 12 and 14.

7 POLLUTION HAZARD This insurance covers loss of or damage to the Vessel caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the Vessel for which the Underwriters are liable under this insurance, provided such act of governmental authority has not resulted from want of due diligence by the Assured, the Owners, or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the Vessel.

8 COLLISION LIABILITY 8.1 The Underwriters agree to indemnify the Assured for any sum or sums paid by

the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damages for 8.1.1 loss of or damage to any other vessel or property on any other vessel 8.1.2 delay to or loss of use of any such other vessel or property thereon 8.1.3 general average of, salvage of, or salvage under contract of, any such

other vessel or property thereon, where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any other vessel.

8.2 The indemnity provided by this Clause 8 shall be in addition to the indemnity provided by the other terms and conditions of this insurance and shall be subject to the following provisions: 8.2.1 Where the insured Vessel is in collision with another vessel and both

vessels are to blame then, unless the liability of one or both vessels becomes limited by law, the indemnity under this Clause 8 shall be calculated on the principle of cross-liabilities as if the respective Owners had been compelled to pay to each other such proportion of each other's damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of the collision.

8.2.2 In no case shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed their proportionate part of the insured value of the Vessel hereby insured in respect of any one such collision.

8.3 The Underwriters will also pay the legal costs incurred by the Assured or which the Assured may be compelled to pay in contesting liability or taking proceedings to limit liability, with the prior written consent of the Underwriters.

EXCLUSIONS 8.4 Provided always that this Clause 8 shall in no case extend to any sum which the

Assured shall pay for or in respect of

179

8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever

8.4.2 any real or personal property or thing whatsoever except other vessels or property on other vessels

8.4.3 the cargo or other property on, or the engagements of, the insured Vessel 8.4.4 loss of life, personal injury or illness 8.4.5 pollution or contamination of any real or personal property or thing

whatsoever (except other vessels with which the insured Vessel is in collision or property on such other vessels).

9 SISTERSHIP

Should the Vessel hereby insured come into collision with or receive salvage services from another vessel belonging wholly or in part to the same Owners or under the same management, the Assured shall have the same rights under this insurance as they would have were the other vessel entirely the property of Owners not interested in the Vessel hereby insured; but in such cases the liability for the collision or the amount payable for the services rendered shall be referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured.

10 PROTECTION AND INDEMNITY 10.1 The Underwriters agree to indemnify the Assured for any sum or sums paid

by the Assured to any other person or persons by reason of the Assured becoming legally liable, as owner of the Vessel, for any claim, demand, damages and/or expenses, where such liability is in consequence of any of the following matters or things and arises from an accident or occurrence during the period of this insurance: 10.1.1 loss of or damage to any fixed or movable object or property or other

thing or interest whatsoever, other than the Vessel, arising from any cause whatsoever in so far as such loss or damage is not covered by Clause 8

10.1.2 any attempted or actual raising, removal or destruction of any fixed or movable object or property or other thing, including the wreck of the Vessel, or any neglect or failure to raise, remove, or destroy the same

10.1.3 liability assumed by the Assured under contracts of customary towage for the purpose of entering or leaving port or manoeuvring within the port during the ordinary course of trading

10.1.4 loss of life, personal injury, illness or payments made for life salvage 10.1.5 liability under Clause 1(a) of the current Lloyd's Standard Form of

Salvage Agreement in respect of unsuccessful, partially successful, or uncompleted services if and to the extent that the salvor's expenses plus the increment exceed any amount otherwise recoverable under the

180

Agreement. 10.2 The Underwriters agree to indemnify the Assured for any of the following

arising from an accident or occurrence during the period of this insurance: 10.2.1 the additional cost of fuel, insurance, wages, stores, provisions and

port charges reasonably incurred solely for the purpose of landing from the Vessel sick or injured persons or stowaways, refugees, or persons saved at sea


10.2.3 fines imposed on the Vessel, on the Assured, or on any Master Officer crew member or agent of the Vessel who is reimbursed by the Assured, for any act or neglect or breach of any statute or regulation relating to the operation of the Vessel, provided that the Underwriters shall not be liable to indemnify the Assured for any fines which result from any act neglect failure or default of the Assured their agents or servants other than Master Officer or crew member



EXCLUSIONS 10.3 Notwithstanding the provisions of Clauses 10.1 and 10.2 this Clause 10 does

not cover any liability cost or expense arising in respect of: 10.3.1 any direct or indirect payment by the Assured under workmen's

compensation or employers' liability acts and any other statutory or common law, general maritime law or other liability whatsoever in respect of accidents to or illness of workmen or any other persons employed in any capacity whatsoever by the Assured or others in on or about or in connection with the Vessel or her cargo, materials or repairs


10.3.3 punitive or exemplary damages, however described 10.3.4 cargo or other property carried, to be carried or which has been carried

on board the Vessel but this Clause 10.3.4 shall not exclude any claim in respect of the extra cost of removing cargo from the wreck of the Vessel

10.3.5 property, owned by builders or repairers or for which they are responsible, which is on board the Vessel

181

10.3.6 liability arising under a contract or indemnity in respect of containers, equipment, fuel or other property on board the Vessel and which is owned or leased by the Assured



10.3.9 fines or penalties arising from overloading or illegal fishing 10.3.10 pollution or contamination of any real or personal property or thing

whatsoever (This Clause 10.3.10 shall not exclude any amount recoverable under Clause 10.1.5)

10.3.11 general average, sue and labour and salvage charges, salvage, and/or collision liability to any extent that they are not recoverable under Clauses 7, 11 and 13 by reason of the agreed value and/or the amount insured in respect of the Vessel being inadequate.

10.4 The indemnity provided by this Clause 9 shall be in addition to the indemnity provided by the other terms and conditions of this insurance.

10.5 Where the Assured or the Underwriters may or could have limited their liability the indemnity under this Clause 10 in respect of such liability shall not exceed Underwriters' proportionate part of the amount of such limitation.

10.6 In no case shall the Underwriters' liability under this Clause 10 in respect of each separate accident or occurrence or series of accidents arising out of the same event, exceed their proportionate part of the insured value of the Vessel.

10.7 PROVIDED ALWAYS THAT 10.7.1 prompt notice must be given to the Underwriters of every casualty

event or claim upon the Assured which may give rise to a claim under this Clause 10 and of every event or matter which may cause the Assured to incur liability costs or expense for which he may be insured under this Clause 10.


11 NOTICE OF CLAIM AND TENDERS 11.1 In the event of accident whereby loss or damage may result

in a claim under this insurance, notice shall be given to the Underwriters prior to survey and also, if the Vessel is abroad, to the nearest Lloyd's Agent so that a surveyor may be appointed to represent the

182

Underwriters should they so desire. 11.2 The Underwriters shall be entitled to decide the port to which the Vessel

shall proceed for docking or repair (the actual additional expense of the voyage arising from compliance with the Underwriters' requirements being refunded to the Assured) and shall have a right of veto concerning a place of repair or a repairing firm.

11.3 The Underwriters may also take tenders or may require further tenders to be taken for the repair of the Vessel. Where such a tender has been taken and a tender is accepted with the approval of the Underwriters, an allowance shall be made at the rate of 30% per annum on the insured value for time lost between the despatch of the invitations to tender required by Underwriters and the acceptance of a tender to the extent that such time is lost solely as the result of tenders having been taken and provided that the tender is accepted without delay after receipt of the Underwriters' approval. Due credit shall be given against the allowance as above for any amounts recovered in respect of fuel and stores and wages and maintenance of the Master Officers and Crew or any member thereof, including amounts allowed in general average, and for any amounts recovered from third parties in respect of damages for detention and/or loss of profit and/or running expenses, for the period covered by the tender allowance or any part thereof. Where a part of the cost of the repair of damage other than a fixed deductible is not recoverable from the Underwriters the allowance shall be reduced by a similar proportion.

11.4 In the event of failure to comply with the conditions of this Clause 11, a deduction of 15% shall be made from the amount of the ascertained claim.

12 GENERAL AVERAGE AND SALVAGE 12.1 This insurance covers the Vessel's proportion of salvage, salvage charges

and/or general average, reduced in respect of any under-insurance, but in case of general average sacrifice of the Vessel the Assured may recover in respect of the whole loss without first enforcing their right of contribution from other parties.

12.2 Adjustment to be according to the law and practice obtaining at the place where the adventure ends, as if the contract of affreightment contained no special terms upon the subject; but where the contract of affreightment so provides the adjustment shall be according to the York-Antwerp Rules.

12.3 When the vessel sails in ballast, not under charter, the provisions of the York-Antwerp Rules, 1974 (excluding Rules XX and XXI) shall be applicable, and the voyage for this purpose shall be deemed to continue from the port or place of departure until the arrival of the Vessel at the first port or place thereafter other than a port or place of refuge or a port or place of call for bunkering only. If at any such intermediate port or place

183

there is an abandonment of the adventure originally contemplated the voyage shall thereupon be deemed to be terminated.

12.4 No claim under this Clause 12 shall in any case be allowed where the loss was not incurred to avoid or in connection with the avoidance of a peril insured against.

13 DEDUCTIBLE

13.1 No claim arising from a peril insured against shall be payable under this insurance unless the aggregate of all such claims arising out of each separate accident or occurrence (including claims under Clauses 8, 10, 12 and 14) exceeds in which case this sum shall be deducted. Nevertheless the expense of sighting the bottom after stranding, if reasonably incurred specially for that purpose, shall be paid even if no damage be found. This Clause 13.1 shall not apply to a claim for total or constructive total loss of the Vessel or, in the event of such a claim, to any associated claim under Clause 14 arising from the same accident or occurrence.

13.2 Excluding any interest comprised therein, recoveries against any claim which is subject to the above deductible shall be credited to the Underwriters in full to the extent of the sum by which the aggregate of the claim unreduced by any recoveries exceeds the above deductible.

13.3 Interest comprised in recoveries shall be apportioned between the Assured and the Underwriters, taking into account the sums paid by the Underwriters and the dates when such payments were made, notwithstanding that by the addition of interest the Underwriters may receive a larger sum than they have paid.

Continued … 14 DUTY OF ASSURED (SUE AND LABOUR)

14.1 In case of any loss or misfortune it is the duty of the Assured and their servants and agents to take such measures as may be reasonable for the purpose of averting or minimising a loss which would be recoverable under this insurance.

14.2 Subject to the provisions below and to Clause 13 the Underwriters will contribute to charges properly and reasonably incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as provided for in Clause 14.5) collision defence or attack costs and costs incurred by the Assured in avoiding, minimising or contesting liability covered by Clause 10 are not recoverable under this Clause 14.


184

14.4 When expenses are incurred pursuant to this Clause 14 the liability under this insurance shall not exceed the proportion of such expenses that the amount insured hereunder bears to the value of the Vessel as stated herein, or to the sound value of the Vessel at the time of the occurrence giving rise to the expenditure if the sound value exceeds that value. Where the Underwriters have admitted a claim for total loss and property insured by this insurance is saved, the foregoing provisions shall not apply unless the expenses of suing and labouring exceed the value of such property saved and then shall apply only to the amount of the expenses which is in excess of such value.

14.5 When a claim for total loss of the Vessel is admitted under this insurance and expenses have been reasonably incurred in saving or attempting to save the Vessel and other property and there are no proceeds, or the expenses exceed the proceeds, then this insurance shall bear its pro rata share of such proportion of the expenses, or of the expenses in excess of the proceeds, as the case may be, as may reasonably be regarded as having been incurred in respect of the Vessel; but if the Vessel be insured for less than its sound value at the time of the occurrence giving rise to the expenditure, the amount recoverable under this clause shall be reduced in proportion to the under-insurance.


15 NEW FOR OLD

Claims payable without deduction new for old. 16 BOTTOM TREATMENT

In no case shall a claim be allowed in respect of scraping gritblasting and/or other surface preparation or painting of the Vessel's bottom except that

16.1 gritblasting and/or other surface preparation of new bottom plates ashore and supplying and applying any "shop" primer thereto,

16.2 gritblasting and/or other surface preparation of:the butts or area of plating immediately adjacent to any renewed or refitted plating damaged during the course of welding and/or repairs, areas of plating damaged during the course of fairing, either in place or ashore,

16.3 supplying and applying the first coat of primer/anti-corrosive to those particular areas mentioned in 16.1 and 16.2 above, shall be allowed as part of the reasonable cost of repairs in respect of bottom plating damaged by an insured peril.

185

17 WAGES AND MAINTENANCE No claim shall be allowed, other than in general average, for wages and maintenance of the Master, Officers and Crew, or any member thereof, except when incurred solely for the necessary removal of the Vessel, with the agreement of the Underwriters, from one port to another for the repair of damage covered by the Underwriters, or for trial trips for such repairs, and then only for such wages and maintenance as are incurred whilst the, Vessel is under way.

18 AGENCY COMMISSION In no case shall any sum be allowed under this insurance either by way of remuneration of the Assured for time and trouble taken to obtain and supply information or documents or in respect of the commission or charges of any manager, agent, managing or agency company or the like, appointed by or on behalf of the Assured to perform such services.

19 UNREPAIRED DAMAGE 19.1 The measure of indemnity in respect of claims for unrepaired damage shall

be the reasonable depreciation in the market value of the Vessel at the time this insurance terminates arising from such unrepaired damage, but not exceeding the reasonable cost of repairs.

19.2 In no case shall the Underwriters be liable for unrepaired damage in the event of a subsequent total loss (whether or not covered under this insurance) sustained during the period covered by this insurance or any extension thereof.



20.1 In ascertaining whether the Vessel is a constructive total loss, the insured value shall be taken as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.

20.2 No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.

21 FREIGHT WAIVER

In the event of total or constructive total loss no claim to be made by the Underwriters for freight whether notice of abandonment has been given or not.

186

22 DISBURSEMENTS WARRANTY 22.1 Additional insurances as follows are permitted:

22.1.1 Disbursements, Managers' Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum not exceeding 25% of the value stated herein.

22.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding 25% of the value as stated herein less any sum insured, however described, under 22.1.1.

22.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the gross freight or hire for the first passage and next succeeding cargo passage plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid down herein. Any sum insured under

22.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the freight or hire is advanced or earned by the gross amount so advanced or earned.

22.1.4 Anticipated Freight if the vessel sails in ballast and not under Charter. A sum not exceeding the anticipated gross freight on next cargo passage, such sum to be reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges or insurance. Any sum insured under 22.1.2 to be taken into account and only the excess thereof may be insured.

22.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which is to be earned under the charter in a period not exceeding 18 months. Any sum insured under 22.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the hire is advanced or earned under the charter by 50% of the gross amount so advanced or earned but the sum insured need not be reduced while the total of the sums insured under 22.1.1 and 22.1.5 does not exceed 50% of the gross hire shall to be earned under the charter. An insurance under this Section may begin on the signing of the charter.

22.1.6 Premiums. A sum not exceeding the actual premiums of all interests insured for a period not exceeding 12 months (excluding premiums insured under the foregoing sections but including, if required, the premium or estimated calls on any Club or War etc. Risk insurance) reducing pro rata monthly.

22.1.7 Returns of Premium. A sum not exceeding the actual returns which are allowable under any insurance but which would not be

187

recoverable thereunder in the event of a total loss of the Vessel whether by insured perils or otherwise.

22.1.8 Insurance irrespective of amount against:Any risks excluded by Clauses 6, 24, 25, 26 and 27.

22.2 Warranted that no insurance on any interests enumerated in the foregoing 22.1.1 to 22.1.7 in excess of the amounts permitted therein and no other insurance which includes total loss of the Vessel P.P.I., F.I.A., or subject to any other like term, is or shall be effected to operate during the currency of this insurance by or for account of the Assured, Owners, Managers or Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters any defence to a claim by a Mortgagee who has accepted this insurance without knowledge of such breach.

23 RETURNS FOR CANCELLATION

To return pro rata monthly net for each uncommenced month if this insurance be cancelled either by agreement or by the operation of Clause 3 provided that a total loss of the Vessel, whether by insured perils or otherwise, has not occurred during the period of this insurance or any extension thereof.


不保事項 24 WAR EXCLUSION

In no case shall this insurance cover loss damage liability or expense caused by 24.1 war civil war revolution rebellion insurrection, or civil strife arising

therefrom, or any hostile act by or against a belligerent power 24.2 capture seizure arrest restraint or detainment (barratry and piracy

excepted), and the consequences thereof or any attempt thereat 24.3 derelict mines torpedoes bombs or other derelict weapons of war.

25 STRIKES EXCLUSION In no case shall this insurance cover loss damage liability or expense caused by 25.1 strikers, locked-out workmen, or persons taking part in labour disturbances,


26 MALICIOUS ACTS EXCLUSION In no case shall this insurance cover loss damage liability or expense arising from 26.1 the detonation of an explosive. 26.2 any weapon of war and caused by any person acting maliciously or from a

political motive.

188


In no case shall this insurance cover loss damage liability or expense arising from any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.


商品名稱：INSTITUTE TIME CLAUSES-HULLS TOTAL LOSS,

GA AND 3/4 RDC. (INCLUDING SALVAGE,S/C,S/L) 1/10/83


承保範圍


商品名稱：INSTITUTE WAR AND STRIKES CLAUSES-HULL －

TIME


承保範圍

189

1 PERILS

Subject always to the exclusions hereinafter referred to, this insurance covers loss of or damage to the Vessel caused by


1.2 capture seizure arrest restraint or detainment, and the consequences thereof or any attempt thereat

1.3 derelict mines torpedoes bombs or other derelict weapons of war


1.5 any terrorist or any person acting maliciously or from a political motive

1.6 confiscation or expropriation. 不保事項

4 EXCLUSIONS

This insurance excludes

4.1 Loss damage liability or expense arising from

4.1.1 any detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter, hereinafter called a nuclear weapon of war

4.1.2 the outbreak of war (whether there be a declaration of war or not) between any of the following countries:

United Kingdom, United States of America, France, the Union of Soviet Socialist Republics, the People’s Republic of China

4.1.3 requisition or pre-emption

4.1.4 capture seizure arrest restraint detainment confiscation or expropriation by or under the order of the government or any public or local authority of the country in which the Vessel is owned or registered

4.1.5 arrest restraint detainment confiscation or expropriation under quarantine regulations or by reason of infringement of any customs or trading regulations

4.1.6 the operation of ordinary judicial process, failure to provide security or to pay any fine or penalty or any financial cause

4.1.7 piracy (but this exclusion shall not affect cover under Clause 1.4), 4.2 loss damage liability or expense covered by the Institute Time Clauses－

Hulls 1/10/83 (including 4/4ths Collision Clause) or which would be recoverable thereunder but for Clause 12 thereof,

4.3 any claim for any sum recoverable under any other insurance on the Vessel

190

or which would be recoverable under such insurance but for the existence of this insurance,

4.4 any claim for expenses arising from delay except such expenses as would be recoverable in principle in English law and practice under the York-Antwerp Rules 1974.


商品名稱：INSTITUTE WARRANTIES


承保範圍 1. Warranted no: －

(a) Atlantic coast of North America, its rivers or adjacent islands, (i) North of 52°10’N Lat. and West of 50°W. long.; (ii) South of 52°10’N Lat. in the area bounded by lines drawn between

Battle Harbour / Pistolet Bay; Cape Ray / Cape North; Port Hawkesbury / Port Mulgrave and Baie Comeau / Matane, between 21st December and 30th April b.d.i.

(iii) Weat of Baie Comeau / Matane (but not West of Montreal) between 1st December and 30th April b.d.i.

(b) Great Lakes or St. Lawrence Seaway West of Montreal. (c) Greenland Waters. (d) Pacific Coast of North America its rivers or adjacent islands North of 54°30’N.

Lat. or West of 103°50’W. Long.

2. Warranted no Baltic Sea or adjacent waters East of 15°E. Long. (a) North of line between Mo (63°24’N. Lat.) and Vasa (63°06’N. Lat.) between

10th December and 25th May b.d.i. (b) East of a line between Viipuri (Vyborg) (28°47’E. Long.) and Narva (28°12’E.

Long.) between 15th December and 15th May b.d.i. (c) North of a line between Stockholm (59°20’N. Lat.) and Tallinn (59°24’N. Lat.)

between 8th January and 5th May b.d.i. (d) East of 22°E. Long. And South of 59°N. Lat. Between 28th December and 5th

May b.d.i.

3. Warranted not North of 70°N. Lat. other than voyage direct to or from any port or place in Norway or Kola Bay.

4. Warranted no Bering Sea, no East Asian waters North of 46°N. Lat. and not to

enter or sail from any port or place in Siberia except Nakhodka and/or Vladivostock.

5. Warranted not to proceed to Kerguelen and/or Croset Islands or South of 50°S.

191

Lat., except to ports and/or places in Patagonia and/or Chile and/or Falkland Islands, but liberty is given to enter waters South of 50°S. Lat., if enroute to or from ports and/or places not excluded by this warranty.

6. Warranted not to sail with Indian Coal as cargo: －

(a) between 1st March and 30th June, both days inclusive. between 1st July and 30th September, both days inclusive, except to ports in Asia, not West of Aden or East of or beyond Singapore.


商品名稱：LEASED EQUIPMENT CLAUSE


承保範圍 This insurance is extended to cover equipment and apparatus, not owned by the Assured but installed for use on the insured vessel, and for which the assured has assumed liability, whether such equipment or apparatus be in the nature of aids to navigation or communication or otherwise, subject to all other terms and conditions of this policy; but in no event shall the liability of Company exceed the contractual liability of the Assured for such equipment or apparatus. All such equipment or apparatus installed on the vessel but owned by the Assured shall be included in the agreed valuation of the Hull, etc., unless its function is directly related to the propulsion of the vessel, in which event such equipment and apparatus shall be included in the agreed valuation of machinery. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：LONDON BLOCKING AND TRAPPING ADDENDUM

(FOR USE WITH THE INSTITUTE WAR AND STRIKES CLAUSES – HULLS 1/10/83)


承保範圍 It is hereby agreed that the inability of the vessel to sail from any port, canal, waterway or other place to high seas for a continuous period of 12 months as a result of the closure of the connecting channel to all vessels of such size or draft is within the term “RESTRAINT” appearing in Clause 3 of the Institute War and Strikes Clauses – Hulls 1/10/83 provided that such closure has arisen through the blockage of the waterway by a warlike act of national defense. 不保事項

192

同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：LOSS PAYABLE CLAUSE


承保範圍 By an assignment of the insurances on the motor vessel “ABC” (the “Vessel”) contained in a General Assignment dated and made between ABC LINES S.A. (the “Owner”) and XYZ Bank (the “Mortgagee”), the Owner assigned to the Mortgagee this insurance and the benefits thereof, including all claims of whatsoever nature in respect of the Vessel, return of premiums, and each and every right hereunder.

It is further noted and agreed:

(a) that in the event of actual or constructive or compromised or arranged total loss of the Vessel, all proceeds of insurance of whatever amount shall be paid to the Mortgagee;

(b) that all other losses not exceeding USD5,000,000 shall be paid to the Owner, or

its order (as their respective interests may appear), unless and until the Owner shall be in default under a first preferred Panamanian ship mortgage of the Vessel in favour of the Mortgagee and if the Underwriters or Insurers shall have been so notified by the Mortgagee, then such losses shall be paid to the Mortgagee;

(c) that all other losses exceeding USD5,000,000 shall be paid to the Mortgagee.


商品名稱：MISSING VESSEL CLAUSE


承保範圍 This insurance is to pay total loss in the event of any of the insured vessels being missing during the currency of this policy. Any vessel recorded at Lloyd’s as “Untraced” or posted “Missing” for a continuous period of 6 months should be deemed to constitute an Actual Total Loss. No claim shall attach under this missing vessel clause when specific cause of loss of vessel is provided by Underwriters.

193


商品名稱：NAVIGATION LIMITATIONS FOR HULL WAR,

STRIKES, TERRORISM AND RELATED PERILS ENDORSEMENT (JW2005/001A)


承保範圍 1. NAVIGATION PROVISIONS

Unless and to the extent otherwise agreed by the Underwriters in accordance with Clause 2, the vessel or craft insured hereunder shall not enter sail for or deviate towards the territorial waters of any of the Countries or places, or any other waters described in the current List of Areas of Perceived Enhanced Risk (listed areas) as may be published from time to time in London by the Joint War Committee.

2. BREACH OF NAVIGATION PROVISIONS (a) If the Insured wishes to secure continuation of coverage under this insurance

for a voyage which would otherwise breach Clause 1, it shall give notice to Underwriters and shall only undertake such voyage if it agrees with the Underwriters any amended terms of cover and any additional premium which may be required by the Underwriters

(b) In the event of any breach of any of the provisions of Clause 1, the Underwriters shall not be liable for any loss, damage, liability or expense arising out of or resulting from an accident or occurrence otherwise covered under this insurance during the period of breach, unless notice of such breach is given to the Underwriters as soon as practicable and any amended terms of cover and any additional premium required by them are agreed.

(c) The absence of prior notice shall not affect the cover under this insurance but it is a condition of this insurance that the Insured is bound to declare to the Underwriters all breaches of the provisions of Clause 1.

(d) If Clause 2(c) is deleted, continuation of coverage under this insurance is conditional upon notice to the Underwriters being given prior to the vessel or craft entering the listed areas.

3. REVISIONS TO LIST OF AREAS OF PERCEIVED ENHANCED RISK (a) In the event that revisions to the List of Areas of Perceived Enhanced

Risk are published by the Joint War Committee, these revisions shall not take effect for the purposes of Clause 1 and Clause 2 hereof unless the Underwriters shall have given 7 days notice of cancellation to the Insured for amendment of the listed areas.

(b) If a vessel or craft remains in the territorial waters of a Country or place after such Country or place has been added to the listed areas under Clause 3(a), the Underwriters shall not be liable for any loss, damage, liability or expense arising out of or resulting from an accident or occurrence otherwise covered under this insurance after expiry of that 7 day period unless notice is given to the Underwriters before the end of that 7 day period and any amended terms of cover and any additional premium required by them are agreed before the expiry of this period.

194

JW2005/001A 20 June 2005


商品名稱：PART(S) REMOVED CLAUSE


承保範圍 To pay, subject to the terms and conditions of this Policy, all loss of or damage to the subject matter hereby insured occurring at any time during the currency of this Insurance notwithstanding that any part(s) of the said subject matter be anywhere ashore under any circumstances, (whether on quay, in buildings, sheds, or elsewhere) and/or under repair and/or in transit (to and from the Vessel or otherwise). 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：RADIO AND AIDS TO NAVIGATION CLAUSE


承保範圍 Radio apparatus and equipment, echo sounders, navigating equipment and other apparatus or equipment used for the purpose of communication or as aids to navigation or safety devices, portable cargo containers(such as refrigerated boxes, etc.) when permanently installed in the insured vessel, tank cleaning equipment, also equipment consisting of projection machines, sound apparatus and motion picture film shall be covered by this policy and included within the agreed valuation of the Hull, even when not owned by the Assured, provided the assured has assumed liability therefore; but the liability of Underwriters( either as to amount or as to the risks covered) shall not exceed the Assured’s liability or liability to which Underwriters would be subject if the property were fully owned by the Assured whichever shall be least. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：SMALL G.A. CLAUSE


195


承保範圍 It is agreed that in cases where Cargoes’ proportion for General Average(sacrifices or expenses) or Salvage does not exceed _________the Assured has the option of deciding whether or not they will claim the whole of the General Average or Salvage under this policy. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物漁船船舶保險核准日期及文號 99年 05月 18日新安東京海上 99字第 0320號函備查承保範圍

1. 本保險對被保漁船因下列危險事故所致之全損（實際全損或推定全損），

負賠償責任。（1）海洋、河流、湖泊或其他可通航水域之危難。（2）火災、爆炸。（3）核子設施或反應器之損壞或意外事故。（4）與航空器或類似物體、或其墜落之物體、陸上運輸工具、船塢或港口

設施之觸撞。（5）地震、火山爆發或閃電。（6）漁獲物、燃料或補給品裝卸、移動時之意外事故。（7）鍋爐爆裂、軸承破裂或船體、機器之潛在瑕疵。（8）船長、幹部、船員或引水人之疏忽。（9）修船人或租船人之疏忽，但以修船人或租船人非屬本保險單之被保險

人者為限。 (10 ) 船長、幹部或船員之惡意行為。 (11 ) 海上劫掠。

2. 但上項第六款至第十款之危險事故須非由於被保險人、船舶所有人或其管

理人未盡相當之注意所致者。若船長、幹部、船員或引水人持有被保漁船

之股份者，不視為本條所稱之船舶所有人。

不保事項

本保險對被保漁船因下列危險事故所致之毀損、滅失、責任或費用，不負賠

償責任。 1.戰爭、內亂、革命、叛亂、顛覆或因而引起之內亂，或來自交戰國或其對

抗之敵對行為。 2.捕獲、扣押、拘管、禁制或扣留及其結果或任何此項之企圖。 3.遺棄之水雷、魚雷、炸彈或其他武器。 4.罷工工人、停工工人或參與工潮、暴動或民眾騷擾者之行為。 5.任何恐怖份子或任何懷有惡意或政治動機者之行為。 6.沒收或充公。

196

7.變更使用性質或改裝致危險增加。 8.使用原子或核子分裂、融解或其他反應或輻射物質之武器爆炸。 9.徵用或徵購。 10.依照一般司法程序之運作，未提供擔保或支付罰金、罰鍰或任何財務原因

之破產或債務糾紛所致者。 11.由於遲延引起之費用。


商品名稱：新安東京海上產物商業動產流動綜合保險

核准日期及文號 71 年 02 月 01 日台財融第 11120 號函核准 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正承保範圍保險人對保險標的物在本保險所載區域內，且在被保險人之營業處所外於下列情況因外來突發事件所致保險標的物之毀損或滅失，依照本保險契約之規定，負賠償責任。（一）正常運輸途中。（二）正常運輸途中之暫時停放，以不超過七天為限，但得經本公司之事前同意加批延長之。（三）修理保養期間。（四）操作使用期間。（五）委託他人加工處理期間。（六）委託他人銷售期間。（七）巡迴展示銷售期間。（八）出租於他人使用期間。前項所稱「正常運輸途中」係指始於開始裝載，經一般習慣上認為合理之運送路線及方法為運送，以迄於卸載完成時止。所謂「運輸」包括被保險人自行運送或委託他人運送而言。不保事項一、保險人對下列各項財物之毀損或滅失，除經特別約定載明者外，不負賠償責任。

(一)受託或受託寄售之財物。 (二)金銀條塊、貴重金屬及其製品、珠寶、玉石首飾、古玩、藝術品。 (三)文稿、圖樣、紙樣、圖畫、圖案、模型。 (四)貨幣、股票、債券、郵票、印花、稅票、票據及其他有價證券。 (五)各種文書證件、帳簿或其他商業憑證簿冊。 (六)運送保險標的物之交通工具如汽車、機車、船舶、飛機等。 (七)動物、植物。 (八)已裝載於船舶或未完全自船舶卸載或受海上貨物運輸保險所承保之進出口貨物。

二、保險人對下列各種危險事故所致保險標的物之毀損滅失，除經特別載明者外，不負賠償責任。 (一)各種放射線之輻射及放射能之污染以及直接或間接因原子能引起之大火

或延燒。 (二)火山爆發、地下發火以及不論意外與否由於森林平野或叢草之焚燒。 (三)戰爭（不論宣戰與否）類似戰爭行為、叛亂、強力霸佔、征用、沒收、

政府機關之行政措施、非法運送、海關沒收、檢疫所之破壞。

197

(四)保險標的物使用不當致逾越其承受量或負荷而造成保險標的物本身之損失。

(五)保險標的物屬電機、電氣器具或電氣設備者，因使用過度、電壓過高、搭線、短路、電弧或漏電等而致保險標的物本身之毀損或滅失。

(六)標的物本質或自然耗損、固有瑕疵、腐蝕、沖蝕、蟲蛀。 (七)鍋爐、蒸氣管、蒸氣引擎等因爆炸、破裂而致本身之毀損。 (八)事故發生而無法舉證之損失。 (九)清點或盤存時所發現短缺之損失。 (十)包裝不良、捆紮不當及誤取錯標的物之損失。 (十一)任何附帶損失。 (十二)被保險人、要保人、其家屬或其負責人之故意行為所致之損失。 (十三)標的物試驗之損失。 (十四)竊盜行為之損失。 (十五)因罷工、暴動、民眾騷擾、無論直接或間接所致之毀損滅失。


商品名稱：新安東京海上產物商業動產流動綜合保險在被保險人照

顧、監管及控制下之財產附加條款


茲經雙方同意，於要保人繳交約定保險費後，本保險契約擴大承保在被保險人照

顧、監管及控制下之財產，因保險事故發生遭受之毀損或滅失。不保事項本公司對下列財產不負賠償責任：一、被保險人作為臨時工作場所之建築物(含動產)或因被保險人之營業行為而暫時

擁有之財產。二、員工及訪客之衣物或私人用品。三、被保險人應負責任之租用建築物。


● 商品名稱：新安東京海上產物商業動產流動綜合保險保險金額自動增

加附加條款

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299002 號函備查承保範圍本公司對保險標的物的變動、增加或改良致實際價值增加者均予自動承保，惟以不超過各該項保險標的物保險金額百分之十為限。個人保險商品預定費用率不適用短期費率表或保費退費係數表

198

請洽本公司

● 商品名稱：新安東京海上產物商業動產流動綜合保險保險金額自動恢

復附加條款核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299003 號函備查承保範圍茲經雙方同意，本保險單所承保之保險標的物，因發生約定保險事故致毀損或滅失時，各該受損標的物之保險金額自動恢復，但被保險人應交付自保險標的物回復原狀之日

起計算至保險單到期日止之保險費。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

● 商品名稱：新安東京海上產物商業動產流動綜合保險航空器墜落、機

動車輛碰撞附加條款

核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299004 號函備查承保範圍茲經雙方同意，被保險人加繳約定之保險費後，本公司對直接因航空器及其墜落物或在陸地或軌道上行駛之機動車輛所致保險標的物之毀損滅失，視同火災所致之毀損滅失，依照本保險契約有關條款之規定，負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險竊盜附加條款

(適用於儲存期間)

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299005 號函備查承保範圍茲經雙方同意，被保險人加繳約定之保險費後，本公司直接因他人不法侵入置存保險標的物之處所，從事竊盜所致保險標的物之毀損或滅失，視同火災所致之毀損或滅失，依照主保險契約條款之規定，負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險竊盜附加條款

(適用於運輸途中)

199

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299006 號函備查承保範圍茲經通知並雙方同意，本附加條款加保保險標的物直接因竊盜行為所致之毀損滅失，本公司依照本附加條款之規定負賠償責任。但仍須受第二條及第三條之規定，本公司始負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險竊盜附加條款核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299007 號函備查承保範圍茲經雙方同意，被保險人加繳約定之保險費後，本附加條款加保保險標的物直接因竊盜行為所致之毀損或滅失，本公司依照本附加條款之規定負賠償責任。但需受第二條及第三條之規定，本公司始負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險保險費延緩交付

附加條款核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299008 號函備查承保範圍茲應要保人(或被保險人)之要求，本公司同意本保險契約分期交付之保險費，延自保險責任開始及以後各期應交付之日起至遲三十日內收清，並先行簽交保險單。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險殘餘物清除附加

條款核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299009 號函備查承保範圍茲經雙方同意，本保險擴大承保保險標的物於保險事故發生後為回復原狀必需且合理之清除費用。個人保險商品預定費用率不適用短期費率表或保費退費係數表

200

請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險地震附加條款

（甲式）核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299010 號函備查承保範圍茲經雙方同意，經要保人加繳約定之保險費後，本公司對於保險標的物在本附加條款有效期間內，直接因地震所致之損失，依本保險契約之約定，負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險消防費用附加條

款

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299011 號函備查承保範圍茲經通知並雙方同意，本附加條款擴大承保消防費用，但以下述情事所致之費用為限：本公司僅限對保險標的物所在地或可能危害保險標的物時，進行施救所必需且合理之費用負賠償責任。但實際損失與補償金額之合計超過本保單所載保險金額時，仍以保險金額為限。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險電氣設備附加條

款

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299012 號函備查承保範圍茲經雙方同意，本公司對本保險單所承保之電機、電氣器具或電氣設備之任何部份，因發生承保之危險事故造成保險標的物本身之毀損或滅失，亦負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱:新安東京海上產物商業動產流動綜合保險錯誤遺漏附加條

款


201

被保險人因過失而遲延、錯誤或遺漏向本公司為下列通知時，本公司仍負賠償責任：一、保險標的物所在地之獲得或使用。二、其他與保險標的物的性質變更有關之說明事項。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱: 新安東京海上產物商業動產流動綜合保險爆炸附加條款

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299014 號函備查承保範圍茲經雙方同意，被保險人加繳約定之保險費後，本公司對直接因爆炸所致保險標的物之毀損或滅失，依照本保險契約有關條款之規定，負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱: 新安東京海上產物商業動產流動綜合保險地震附加條款

（乙式）

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299015 號函備查承保範圍茲經雙方同意，本公司對於保險標的物在本附加條款有效期間內直接因地震震動或地震引起火災所致之毀損或滅失，依照本保險契約有關條款之規定，負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱: 新安東京海上產物商業動產流動綜合保險額外費用附加

條款

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299016 號函備查承保範圍茲經通知並雙方同意，本公司對保險標的物因承保事故發生所致毀損滅失，其因而產生之下列費用，亦負賠償之責。（一）以快遞或特別方法運送毀損保險標的物之零件或零組件，所必須支付之必要運送費用。（二）為修護保險標的物所必須支付之必要加班費用(包括星期例假日及國定假日)。個人保險商品預定費用率不適用短期費率表或保費退費係數表

202

請洽本公司

商品名稱: 新安東京海上產物商業動產流動綜合保險實損實賠附加

條款

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299017 號函備查承保範圍茲經雙方同意，本保險單承保之保險標的物，其保險金額係以實損實賠(First Loss Insurance)為基礎，保險期間內每一次保險事故發生時，以實際損失賠付，不受比例分攤之限制，但保險期間內累計之賠償金額仍以本保單所載之保險金額為限。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱: 新安東京海上產物商業動產流動綜合保險冷藏貨物除外

不保附加條款

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299018 號函備查承保範圍本公司對溫度的變化導致貨物的損害，不負賠償之責任。可歸咎於下列原因導致溫度變化，造成被保險標的物發生損失，本公司始得負擔

賠償之責任。一、被保險標的物因冷凍及冷藏用途之機械、裝置破損或故障（限連續使用一小時以上

之故障）而發生損失；二、被保險標的物因冷凍、冷藏或保溫用設備或貨櫃之破損或故障（前款之機械、

裝置除外）而發生損失；三、被保險標的物因火災、爆炸及運輸工具之碰撞、傾覆、出軌、墜落、緊急降

落、沉沒、觸礁及擱淺等因素發生損失。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱: 新安東京海上產物商業動產流動綜合保險陸上貨物運送

附加條款(甲式)

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299019 號函備查承保範圍本附加條款除基本條款第二章第五條不保事項外，本公司增加下列各種危險事故所致保險標的物之毀損滅失，不負賠償責任：一、保險標的物之正常漏損、重量或容量之正常減少或自然耗損。二、由於貨物裝載違反道路交通安全規定所致之毀損滅失或費用。三、直接由於遲延所致之毀損滅失或費用，即使此項遲延係因承保危險所致者。四、由於運送人之無力償債或財務糾紛所致之毀損滅失或費用。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

203

商品名稱: 新安東京海上產物商業動產流動綜合保險陸上貨物運送

附加條款（乙式）

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299020 號函備查承保範圍茲經雙方同意，於要保人繳交約定保險費後，本附加條款僅限承保對保險標的物因下列危險事故所致之毀損或滅失負賠償責任：一、火災或爆炸。二、運輸工具之翻覆、出軌或意外碰撞。三、公路、鐵路、隧道、橋樑及其他交通設施發生傾塌。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱: 新安東京海上產物商業動產流動綜合保險裝卸安全附加

條款

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299021 號函備查承保範圍（一）裝卸機具設備之負荷能力應超過被裝卸物重量時，並應事先檢查，確定情

況良好，符合安全條件。（二）操作人員應持有合格執照或曾接受相關訓練領有結業證書者。（三）陸上颱風警報發佈至解除期間，應停止任何裝卸作業，並採取必要安全措

施。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱: 新安東京海上產物商業動產流動綜合保險預付賠款附加

條款

核准日期及文號中華民國 96 年 8 月 24 日新安東京海上 96 字第 0299022 號函備查承保範圍茲經雙方同意，保險標的物因保險事故所致之毀損或滅失，經本公司理算後，其

損失金額已確定的部份，得先預付損失金額的百分之予被保險人，而先行預

付之賠款須於理算完成後由應賠付之金額中扣除之。個人保險商品預定費用率


商品名稱: 新安東京海上產物商業動產流動綜合保險專業費用附加

204

條款


茲經雙方同意，本公司對所承保之建築物、營業裝修或機器設備遭受毀損或滅失

後，為回復原狀所必需且合理之建築師費用、鑑定費用、法定費用及工程師費用

亦負賠償責任，但每一事故之最高賠償金額以建築物、營業裝修或機器設備之各

分項賠償金額百分之五，但不得超過新台幣元為限。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱: 新安東京海上產物商業動產流動綜合保險專業費用附加

條款


茲經雙方同意，主保險契約之保險金額係以重置成本為基礎，至主保險契約基本條款及

其他附加條款中有關「實際現金價值」一辭皆以「重置成本」代替。亦即「實際現金價

值」一辭中折舊之因素一律不予考慮。

所謂「重置成本」係指修復、重建或置換與該標的物，同一地點之建築物或裝修，或同

一廠牌、型式、規格、性能或相類似機具之新品成本。


商品名稱：新安東京海上產物商業動產流動綜合保險自動消防裝置滲

漏附加條款核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299025 號函備查條款內容茲經雙方同意，要保人加繳約定之保險費後，本公司對於保險標的物在本附加條款有效期間內，直接因自動消防裝置意外滲漏或噴射水或其他物質，或因其水源倒塌、崩潰所致之損失，依本附加條款之約定，負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險煙燻附加條款核准日期及文號

205

中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299026 號函備查條款內容茲經雙方同意，被保險人加繳約定之保險費後，本公司對於保險標的物在本附加條款有效期間因意外火災所引起之煙燻所致之直接損失，依照本附加條款之規定，負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險罷工、暴動、民

眾騷擾及惡意破壞行為附加條款核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299027 號函備查條款內容茲經雙方同意，被保險人加繳約定之保險費後，本公司對直接因下列意外事故所致保險標的物之毀損或滅失，依照本附加條款之規定，負賠償責任。（一）任何人參加擾亂公共安寧之行為（不論是否與勞方之罷工或資方之歇業有關）。（二）治安當局為鎮壓前項擾亂或為減輕其後果所採取之行動。（三）任何罷工者為擴大其罷工或被歇業之勞工為抵制歇業之故意行為。（四）治安當局為防止前項行為或為減輕其後果所採取之行動。（五）任何人之故意或惡意破壞行為。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險保全附加條款核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299028 號函備查條款內容被保險人應於本附加條款有效期間內，就被保險標的物之置存處所與保全公司訂立保全服務契約，並於各通道、門窗及各開孔裝設有效之防盜警報措施，且應按保全契約之規定，切實履行防盜警報系統之設定與維護等義務，被保險人若未能履行上述之義務，則對於因此所遭致之損失本公司不負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險颱風及洪水附加

條款核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299029 號函備查條款內容茲經雙方同意，經要保人加繳約定保險費後，本公司對於保險標的物在本附加條

206

款有效期間內直接因颱風或洪水所致保險標的物之損失，依本附加條款之約定，負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險車輛裝載物附加

條款

核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299030 號函備查條款內容茲經雙方同意，裝載保險標的物之車輛或貨櫃暫時停置於保險單所載明處所內時，本公司對該保險標的物於保險期間內，因發生保險事故所致之損失或滅失，負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險水漬附加條款

核准日期及文號中華民國 96 年 08 月 24 日新安東京海上 96 字第 0299031 號函備查條款內容茲經雙方同意，被保險人加繳約定之保險費後，本公司對於保險標的物因下列事故所致之毀損或滅失，依照本附加條款之規定，負賠償責任：一、水槽、水管或其他儲水設備破損或溢水。二、一切供水設備、蒸氣管、冷暖氣及冷凍設備之水蒸氣之意外滲漏。三、雨水、雪霜由屋頂、門窗或通氣口進入屋內。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險恐怖主義除外不

保附加條款(A)

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157001 號函備查條款內容茲特約定，本公司對於直接或間接因任何恐怖主義之行為或與其有關之行動所致任何損失、身體傷亡、費用支出或賠償責任，不負賠償之責，不論此等損失是否同時或先後與其他原因或事件有關聯。本條款所謂恐怖主義(Terrorism)係指任何個人或團體，不論單獨或與任何組織、團體或政府機構共謀，運用武力、暴力、恐嚇、威脅或破壞行為以遂其政治、宗教、信仰、理念或其他類似意圖之目的，包括企圖推翻、脅迫或影響任何政府，或致使民眾或特定群眾處於恐懼狀態。本公司對於直接或間接為抑制、防止、鎮壓恐怖主義或與其有關之行動所致之任何損失、身體傷亡、費用支出或賠償責任亦不負賠償之責。個人保險商品預定費用率

207


商品名稱：新安東京海上產物商業動產流動綜合保險72小時附加條款

(天災適用)

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157002 號函備查條款內容茲經雙方同意，本保險單所承保之商業動產流動綜合保險對洪水、颱風、暴風、地震或其他天災等「一次事故」之定義為：颱風係以氣象局發佈陸上颱風警報起連續七十二小時以內，所發生之颱風損失，均視為同一事故。其他天災事故係以該天災事故於連續七十二小時以內，所發生之損失，均視為同一事故。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險拋棄代位求償權

附加條款

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157003 號函備查條款內容茲經雙方同意，本公司對下表所列與被保險人在所有權或經營管理上有關係之人，同意拋棄代位求償權利。

公司名稱與被保險人之關係


商品名稱：新安東京海上產物商業動產流動綜合保險保險費預收附加

條款

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157004 號函備查條款內容茲經雙方同意，本公司於簽發本保險單時，以保險單所載之預估年營業額計算全年保險費，並依該保險費百分之為預收保險費。保險期間屆滿後三十日內，被保險人應就該年度實際之營業額通知本公司，憑以計算該年度實際之保險費。如實際應收保險費低於預收保險費，本公司就預收保險費與應收保險費之差額部份予以退還，但應收保險費不得低於全年保險費之百分之。如實際應收保險費超過預收之保險費，被保險人應於接到本公司結算保險費後加繳之。個人保險商品預定費用率不適用

208

短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險特別承保附加條

款（TMNEWA Insurance Special Inclusion）

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157005 號函備查承保範圍本保單同意保單所註明儲存處所內承保標的物因承保事故所致之直接毀損滅失亦承保在內。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險特別除外不保附

加條款(TMNEWA Insurance Special Exclusion)

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157006 號函備查條款內容茲經雙方同意，本公司對於直接或間接因下列情形所致標的物之毀損或滅失不負賠償之責： (1) 山崩、地層下陷。 (2) 營業中斷。 (3) 機械故障。 (4) 營造、安裝所致之損失。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險理賠推定全損特

別約定附加條款

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157007 號函備查承保範圍茲經雙方同意，於被保險人加繳約定之保險費後，針對本保險單所承保之貨物，於保險期間內因承保事故所致該貨物之包裝破裂，造成同一包裝內之其他未破損貨物因而受到污染，無法攜入無塵室作業或使用，本公司同意對於該包裝內所有貨物因而所致之損失，以推定全損方式理算之。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險貨物內陸運輸附

加條款


209

承保範圍本保險對保險標的物因意外事故所致之毀損或滅失負賠償責任，但下列約定除外： (1)由於被保險人之故意不當行為所致之毀損滅失或費用。 (2)保險標的物之正常漏損、重量或容器之正常減少或自然耗損。 (3)由於被保險人對保險標的物包裝或配置之不固或不當所致之毀損滅失或費用。 (4)由於被保險人對貨物裝載違反道路交通安全規則所致之毀損滅失或費用。 (5)由於保險標的物之固有瑕疵或本質所致之毀損滅失或費用。 (6)直接由於遲延所致之毀損滅失或費用，即使此項遲延係因承保危險所致者。 (7)由於運送人之無力償債或財產糾紛所致之毀損滅失或費用。 (8)由於戰爭、內戰、革命、叛亂、罷工、暴動、民眾騷擾或類似行為所致之毀損滅失或費用。 (9)由於使用原子或核子武器所致之毀損滅失或費用。 (10)運送過程中，運輸工具無人看管時所發生之損失。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險殘餘物清除附加

條款(A式)(DEBRIS REMOVAL CLAUSE)

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157009 號函備查承保範圍茲經雙方同意，本保險契約擴大承保保險標的物於保險事故發生後為清除受損保險標的物之殘餘物所生之必要費用。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險罷工、暴動、民

眾騷擾、惡意破壞行為附加條款(A式)

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157010 號函備查承保範圍本公司對於直接因發生下列事故所致保險標的物之毀損或滅失，依照本保險契約有關條款之規定，負賠償責任： (1)任何人參加擾亂公共安寧之行為。(不論是否與勞方之罷工或資方之歇業有關) (2)治安當局為鎮壓前項擾亂或減輕其後果所採取之行動。 (3)任何罷工者為擴大其罷工或被歇業之勞工為抵制歇業之故意行為。 (4)治安當局防止前項行為或為減輕其後果所採取之行動。 (5)任何人之故意或惡意行為。但被保險人之前述行為，本公司不負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險竊盜附加條款(A

式)


210

中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157011 號函備查承保範圍茲經通知並雙方同意，本保險單加保保險標的物直接因竊盜行為所致之毀損或滅失，本公司依照本保險契約有關條款之規定負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險電腦系統年序轉

換除外不保附加條款(A式)

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157012 號函備查條款內容本公司對於直接或間接因電腦系統處理與年序或日期有關之資料發生錯亂，導致系統無法正常運作，包括運作結果錯誤、運作中斷或不能運作，不論該電腦系統是否為被保險人所有或為本保險契約之保險標的物，其所致電腦系統本體、電腦資料或任何其他財物全部或部份之直接或間接毀損滅失，以及因而所引起任何性質的附帶損失，或被保險人依法應負或以契約及協議所承受之賠償責任，或因而所產生之任何費用或成本，不論損失發生或發現日，以及請求賠償日是在本保險契約生效日之前或之後，本公司概不負賠償責任。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物商業動產流動綜合保險電腦病毒駭客風

險除外不保附加條款(A式)

核准日期及文號中華民國 97 年 04 月 10 日新安東京海上 97 字第 0157013 號函備查條款內容茲經雙方同意並約定，本保單針對因電腦病毒或駭客行為所致之下列損失不負賠償責任：一、資料、程式或軟體之毀損滅失。二、資料無法取用，軟體、硬體或積體電路之功能故障。三、前兩項所引之營業中斷損失。但因承保事故所致之損失不在此限。個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：新安東京海上產物船體險修繕人責任保險核准日期及文號 92 年 5 月 8 日 92 安字第 063 號備查 94 年 4 月 1 日新安東京海上(94)字第 1000 號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第

09502522257 號令修正

承保範圍茲經本公司同意依據保單限額及保單條款賠償被保險人對於下列事故依法應由

211

被保險人亦謂修繕人負賠償責任：（1）於修繕工程中因被保險人託管、看顧或控制所致造成任何船舶之損失或損

害包含移動在保單所訂航程區域內負賠償責任，但其損失發現僅限於修繕工程期間內;

（2）被保險人於修繕工程中所致造成任何船舶之損失或損害，除在海上行駛外負賠償責任，但其損失發現僅限於修繕工程期間內;

（3）自船舶上下卸貨所致造成任何貨物損失或損害歸咎於上述 (i)及(ii)負賠償責任，但其損失發現僅限於修繕工程期間內;

（4）自船舶卸下之機械或設備因被保險人託管、看顧或控制所致造成任何船舶之機械或設備損失或損害負賠償責任，但其損失發現僅限於修繕工程期間內;

（5）清除殘骸; （6）被保險人執行船舶修復時歸造成第三人財產損失或損害負賠償責任，但其

損失發現僅限於修繕工程期間內; 上述發生事故因被保險人或其受僱人、代理人或次承包商之疏忽所致，應負賠償責任。不保事項即使有任何除外記載，本保單不承保下列任何責任：（1）(a)被保險人所擁有、使用或出租的之財物。

(b)除第 6條第 1、3、4項所指之財物外，被保險人所看顧、保管或控制之下的財物。

（2）生物碰撞責任，塔台責任，或被保險人及從屬人員所擁有或經營之船舶之航行所導致之責任。

（3）有關被保險人所領受而僅為停放之用之任何船舶所致者。（4）有關或導因於油輪或其他裝載易燃或易爆液體或瓦斯的船舶，或導因於下

列工作所致者： (a)其工作係位於或鄰近燃油船之管線或油槽； (b)其工作係位於或鄰近燃煤船之煤艙；除非該工作之實行係依照處所之港口或政府機構之相關規定或規範，但應有政府機關或勞依氏代理人所發給之汽油清除狀況檢驗證明始可。

（5）被保險人所新建造之船舶所致者。（6）依照懲罰性條款所支付之項目，拘留、滯留、時間上之損失，運費之損失，

租船收入之損失，市場的損失及其他附加損失，即使前項之損失為第 6條之承保事故所致者。

（7）其責任出於下列之存在、維持或使用： (a)任何持照核可卡車、汽車或工程車。 (b)任何非持照核可卡車、汽車或工程車位於被保險人之處所之外。

（8）第 6條之承保事故被保險人未能將船隻送交船東或修繕工作完成後 6個月內發現並書面通知本公司者，兩者以其先發生者為準。

（9）其責任係有關於或導因下列所致者： (a)任何因設計錯誤而沒收或丟棄之零件。 (b)任何基於上項沒收或丟棄之損失或費用。 (c)因為設計錯誤導致零件的重置、修正或修理成本或費用。因為罷工、封鎖、勞工騷亂或騷動、市民暴動、或任何人參與上述行動之行為所致者，或任何人之惡意行為所致者。

（10）無論直接或間接，因為下列事項發生所致者：（a）戰爭、內戰、革命、叛亂、顛覆，或其引起之內爭，或任何由於交戰

國或對抗交戰國之武力行為。（b）捕獲扣押拘留管制或扣留（海盜行為除外），及因上述危險或任何危

險企圖所致之結果。（c）遺棄之水雷魚雷炸彈或其他遺棄之戰爭武器。（d）任何政府組織或地方當局或公眾團體之指令所致之財物毀損或解體。

（11）無論直接或間接因核燃料或核廢料所生之電離輻射或輻射污染所導致或促成者。

212

（12）依合約所承擔的責任或未定立契約而依照法律加諸於被保險人的衍生責任。

（13）懲罰性或懲戒性損害賠償，無論其原因為何。（14）無論直接或間接因石綿所致者。（15）因滲漏或污染所致者，除非其係於保險期間內所猝發且非被保險人故意或

可預期之意外事故，被保險人於事發後 72小時內知情並於 90天內以書面通知本公司。無論除外如何規定，本條款並不承保：（a）罰緩、罰金、懲罰性損害賠償、懲戒性損害賠償、三倍損害賠償額或

其他補償性賠償之倍數所生之損害賠償。（b）任何地點或場所全部或部分使用於廢料或廢棄物質之處理、加工、處

置、存放、配置或傾倒。（c）估算、監視或控制物質滲流及/或污染之成本。（d）被保險人所擁有及/或承租及/或租借及/或被保險人控制之下之財物

之污染及/或滲流物質之清除及/或廢棄及/或清理成本。


商品名稱：新安東京海上產物電腦系統年序轉換除外不保附加條款核准日期及文號中華民國 96年 05月 09 日新安東京海上 96 字第 0153 號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正條款內容茲經雙方同意，本公司對於在公元 2000年當年度及其前後期間，因被保險人所有或使用之電腦系統設備進行下列一、二、三款所列各項運作，造成電腦系統設備喪失功能或因其引起承保危險事故發生所致保險標的物之損失，或因而引起任何性質之附帶損失，不負賠償責任。一、辨別任何日期資料其確切日期或數值。二、由於處理確切日期或數值及其他任何資料，而進行讀取、儲存、記憶，或正

確地進行操作、解讀、傳送、傳回或處理任何資料或訊息或指令或指示等。三、操作安裝於電腦系統中軟體程式之任何指令及邏輯運算而進行讀取、儲存、記憶，

或正確處理任何資料。前述指令或邏輯運算係指在當日或日後導致資料流失或無法讀取、儲存、記憶或正確處

理該項資料。


不適用

商品名稱：新安東京海上產物恐怖主義除外不保附加條款核准日期及文號中華民國 96年 05月 09日新安東京海上 96字第 0154號函備查

96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第

09502522257號令修正

條款內容茲經雙方約定，本公司對於直接或間接因任何恐怖主義之行為或與其有關之行動

213

所致任何損失、身體傷亡、或所生費用支出或賠償責任，不負賠償之責，不論此等損失是否同時或先後與其他原因或事件有關聯。個人保險商品預定費用率不適用短期費率表或保費退費係數表不適用

商品名稱：新安東京海上產物電腦駭客病毒風險除外不保附加條款核准日期及文號中華民國 96 年 05 月 09日新安東京海上 96 字第 0155 號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正

條款內容茲經雙方同意並約定，因電腦病毒或駭客行為所致之下列損失不負賠償責任：一、資料、程式或軟體之毀損或滅失；二、資料無法取用，軟體、硬體或積體電路之功能故障；三、前兩款所致之營業中斷損失或附帶損失；但因本保險契約承保事故所致之損失不在此限。個人保險商品預定費用率不適用短期費率表或保費退費係數表不適用

商品名稱：TOKIO MARINE NEWA INSURANCE Computer Millennium Clause (Cargo) with named peril extension(新安東京海

上產物貨物運輸保險電腦系統年序轉換除外不保附加條款)

核准日期及文號中華民國 96年 05月 09日新安東京海上 96字第 0150號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正承保範圍

In no case shall this insurance cover any loss, damage, expense or liability of whatever nature which might otherwise be recoverable under this insurance arising out of or in any way connected with, whether directly or indirectly, the use or operation of any computer, computer system, computer software, programme or process or any electronic system where any such loss, damage, expense or liability arises, whether directly or indirectly, as a consequence of (i) the date change to the year 2000 or any other date change and/or (ii) any change or modification of or to any such computer, computer system, computer software, programme or process or any electronic system in relation to any such date change. This exclusion does not apply to: - 1. claims for loss of or damage to the subject matter insured reasonably

attributable to I) fire or explosion

214

ii) iii) iv)

v) vi) vii)

viii) ix) x)

vessel or craft being stranded grounded sunk or capsized overturning or derailment of land conveyance collision or contact of vessel craft aircraft or conveyance with any external object other than water total loss of aircraft in flight discharge of cargo at a port of distress total loss of any package lost overboard or dropped whilst loading on to, or unloading from, vessel craft or aircraft General average sacrifice Jettison or Washing overboard Entry of sea lake or river water into vessel craft hold conveyance liftvan or place of storage

2. General average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded elsewhere in this insurance.

Subject always to the terms, conditions, limits and exclusions contained elsewhere in this policy. 個人保險商品預定費用率不適用短期費率表或保費退費係數表不適用

商品名稱：TOKIO MARINE NEWA INSURANCE INSTITUTE CYBER ATTACK EXCLUSION CLAUSE(新安東京海上產物電腦

駭客病毒風險除外不保附加條款)

核准日期及文號中華民國 96年 05月 09日新安東京海上 96字第 0151號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正

條款內容

1.1 Subject only to clause 1.2 below, in no case shall this insurance cover

loss damage liability or expense directly or indirectly caused by

or contributed to by or arising from the use or operation, as a means

for inflicting harm, of any computer, computer system, computer

software programme, malicious code, computer virus or process or any

other electronic system.

1.2 Where this clause is endorsed on policies covering risks of war, civil

war, revolution, rebellion, insurrection, or civil strife arising

therefrom, or any hostile act by or against a belligerent power, or

terrorism or any person acting from a political motive, Clause 1.1

215

shall not operate to exclude losses (which would otherwise be covered)

arising from the use of any computer, computer system or computer

software programme or any other electronic system in the launch and/or

guidance system and/or firing mechanism of any weapon or missile. 個人保險商品預定費用率不適用短期費率表或保費退費係數表不適用

商品名稱：TOKIO MARINE NEWA INSURANCE Terrorism Exclusion Clause (Cargo)(新安東京海上產物貨物運輸保險恐怖主義

除外不保附加條款)

核准日期及文號中華民國 96年 05月 09日新安東京海上 96字第 0152號函備查 96 年 8 月 31 日依行政院金融監督管理委員會 95 年 9 月 1 日金管保二字第09502522257 號令修正

條款內容

This treaty excludes any loss, damage, liability or expense arising from: a) Terrorism and or b) steps taken to prevent, suppress, control or reduce the consequences of any actual,

attempted, anticipated, threatened, suspected or perceived terrorism. For the purpose of this clause, “terrorism” means any act(s) of any person(s) or organization(s) involving: i. the causing, occasioning or threatening of harm of whatever nature and by

whatever means; ii. putting the public or any section of the public in fear, in circumstances in which it is reasonable to conclude that the purpose(s) of the person(s) or organization(s) concerned are wholly or partly of a political, religious, ideological or similar nature. If any Reinsurer assorts that any loss, damage, liability or expense is not covered by reason of this clause it shall be for the Reassured to prove the contrary. 個人保險商品預定費用率不適用短期費率表或保費退費係數表不適用

商品名稱：新安東京海上產物共保附加條款核准日期及文號中華民國 96 年 8 月 17 日新安東京海上 98 字第 0465 號函備查

216

條款內容

本保險契約由下列保險公司聯合共保，各保險公司按其承保比例分別且獨立對被

保險人負保險責任。本保險契約相關作業事項由新安東京海上產物保險股份有限

公司主辦之，相關之作業事項如保單之簽發，或損失發生時之理賠辦理均由其主

辦負責之。各共保公司之承保比例如下：

(一)xxxxxxxxxx產物保險股份有限公司承保比例xx﹪

保險單號碼：

批單號碼：

應收保險費：

(二)xxxxxxxxxx產物保險股份有限公司承保比例xx﹪

保險單號碼：

批單號碼：

應收保險費：個人保險商品預定費用率不適用短期費率表或保費退費係數表請洽本公司

商品名稱：Co-insurance Clause 核准日期及文號中華民國 96 年 8 月 17 日新安東京海上 98 字第 0466 號函備查條款內容

The term Company wherever it appears in this policy shall mean the Companies named below.

The ability of the Companies shall in no case exceed in respect of any insured item the sum insured thereon nor in all the total sum insured. The liability of each Company named below shall be limited to the percentage set against its name of such amounts as any become payable under this Policy.

Tokio Marine Newa Insurance Company, Limited as the leading company has been authorized by the other coinsurer to deal with all matters relating to this Policy including all decisions made by the leading company and all agreements reached between the Assured and the leading company shall be binding on the other coinsurer.

Any notice given verbally or in writing by the Assured to the Leading Company shall be deemed to have given to the other coinsurer also.

XXXXXXX Insurance Co. Ltd. Endorsement No.: Percentage Assumed: WW%

217

YYYYYYY Insurance Co., Ltd. Endorsement No.: Percentage Assumed: ZZ% 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：ERRORS AND OMISSIONS CLAUSES (LSW 321) 核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0471 號函備查條款內容

No unintentional delay, omission or error related to this contract shall release the parties hereto from the liability that otherwise would be applicable by virtue of this insurance, if such delay, omission or error would not have been incurred, provided that it is rectified as soon as possible once it has been discovered. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：CLAIMS CONTROL CLAUSE (CARGO) 核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0472 號函備查條款內容

In respect of claims, this reinsurance shall follow all settlements in accordance with the provisions listed below:

a) In respect of all claims up to $XXX (100% amount) recoverable under the original

policy, the Reinsurer hereunder agrees to follow the settlements of the Reassured and hereby agrees to settle claims on a monthly bordereaux without production of documents. Should such claims occur frequently than the Reinsurer must be informed immediately. Excluding any ‘ex-gratia’ settlements or ‘without prejudice’ settlements.

b) The Reassured hereby undertakes to give immediate written notice to the Reinsurer

of any loss or occurrence which may give rise to a claim hereunder of more than $ XXX (100% amount) as soon as they themselves become aware of same and in such event will co-operate fully with the Reinsurers in the settlement of such a claim. In no case will the Reassured make any admission of liability or payment under the original policy without the prior consent of the Reinsurer.

218

c) The Reinsured shall furnish the Reinsurer with all information known to the

Reinsured respective claims or possible claims notified in accordance with (b) above and shall thereafter keep the Reinsurer fully informed as regards all developments relating threreto as soon as they occur.

d) The Reinsured shall co-operate fully with the Reinsurer and any other person designated by the Reinsurer in the investigation adjustment and settlement of any claim notified to the Reinsurer as aforesaid and the Reinsured shall not without consulting the Reinsurer litigate any such claim.

Excluding absolutely ex-gratia settlements or settlements without prejudice unless specifically approved by the Reinsurer 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：CONSOLIDATION AND PACKAGING CLAUSE 核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0473 號函備查條款內容

It is hereby understood and agreed that notwithstanding anything contained elsewhere herein to the contrary (particularly the Warehouse-to-Warehouse and Marine Extension Clauses), the insurance provided hereunder shall cover property while on premises of the Assured, freight forwarders, consolidators, truckers, warehousemen or others for the purpose of storage, consolidation, deconsolidation, containerization, decontainerization, distribution, redistribution or otherwise anywhere in the world whether prior to loading and/or after discharge from overseas conveyance or at any transhipment point for a period not exceeding XXX (XXXX) days after arrival at such premises. The Assured's interest being at all times admitted regardless of terms of purchase and/or sale. Held covered in the event of delay in excess of the above time limit at additional premium, if any, to be agreed. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：CONTROL OF DAMAGED MERCHANDISE CLAUSE 核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0474 號函備查條款內容

219

In case of damage caused by an insured peril and notwithstanding the Brands Clause or Labels Clause, the Assured or their agents shall have the sole right to the possession and control of the damaged property and shall have the right to payment of the insured value of that consignment or the affected part thereof. Such property shall then be destroyed or alternatively dispatched, at Assurers' risk and expense to the supplier's, manufacturer's or Assured's (including agents or associated companies) facility, as necessary for survey and testing as to suitability for sale. The Assured's decision as to suitability to be accepted by Assurers whose representative shall be present at the survey, all expenses involved being for the Assurers' account and any salvage recoverable by the Assured shall be applied against the total loss. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：D.I.C., INCREASED VALUE, CONTINGENCY CLAUSE 核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0475 號函備查條款內容

It is agreed that shipments purchased C.I.F., or on other terms including insurance, or shipments insured and carried under tariffs providing insurance are covered hereunder, subject to any or all of the following clauses: A. Difference in Conditions This insurance is to cover the risks not covered in the policy furnished by the shipper or carrier or others but which would be covered had the insurance been originally declared hereunder.

B. Increased Value

This insurance is to cover any difference between the value insured in the policy furnished by

the shipper or carrier or others and the value which would have been declared in accordance

with valuation clauses herein. Also to cover such proportion of excess General Average

and/or Salvage Charges as shall not be recoverable under the insurance furnished by the

shipper, but these Assurers shall not be liable for a greater proportion of such charges than the

value insured hereunder (less a Particular average for which these Assurers are liable) bear to

the difference between the value insured under the insurance provided by the shipper or

carrier and the contributory value or to the total value insured against excesses if the total

value insured against excesses exceeds such difference.

C. Contingency

220

This policy is extended to cover the interest of the Assured in shipments bought or sold on terms which do not require the Assured to provide insurance.

Property insured under this clause shall be valued at the Assured's invoice amount.

In the event of non-payment, these Assurers agree, in the event of physical loss or damage to the property insured, to advance as a loan such sum as would be recoverable under this policy had the property been insured according to the terms of this policy customarily used in respect of the property at risk. Such loan to be repayable only in the event of payment to the Assured or to the extent of any recovery received by the Assured from the insurance of the buyer or otherwise.

With respect to any claim presented and paid under this clause, the Assurer will only proceed with subrogation against the consignee with the written permission of the Assured. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：DELAY IN OPENING CLAUSE 核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0476 號函備查條款內容

In the event of delay in opening cases, packages, crates, containers, etc. any loss or damage discovered in opening after arrival at final destination shall be deemed to have occurred in transit and shall be paid accordingly unless proof conclusive to the contrary be established. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：DUTY & COLLECT FREIGHT CLAUSE 核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0477 號函備查條款內容

This insurance also covers, subject to policy terms of average, the risk of partial loss by reason of perils insured against on the duties and/or excise taxes imposed on goods and/or collect freight and insured hereunder, it being understood and agreed, however, that when the risk upon the goods continues beyond the time of landing from the

221

overseas vessel, the increased value, consequent upon the payment of such duties, shall attach as an additional insurance upon the goods from the time such duty is paid or becomes due, to the extent of the amounts thereof actually paid or payable. Any limit of liability expressed in this insurance shall be applied separately to such increased value. The Assured will, in all cases, use reasonable efforts to obtain abatement or refund of duties paid or claimed in respect of goods lost, damaged or destroyed. It is further agreed that the Assured shall, when these Assurers so elect, surrender the merchandise to the customs authorities and recover duties thereon as provided by law, in which event the claim under this policy shall be only for a total loss of the merchandise as surrendered plus expenses. This insurance on duty, excise taxes, collect freight, and/or increased value shall terminate at the end of the transit movement covered under this insurance, but nothing contained in these clauses shall alter or affect coverage granted elsewhere in the policy during the storage or transit subsequent thereto. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：EXTRA EXPENSE CLAUSE 核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0478 號函備查條款內容

It is understood and agreed that where extra expenses are incurred to destroy or otherwise dispose of the damaged goods, or where extra expenses are incurred to discharge from the vessel and/or craft and/or conveyance or to forward property to original or substitute final destination such expenses will be recoverable in full in addition to the damage to the insured interest. Assurers shall not be liable under this coverage for more than XX% of the insured value of the goods insured not to exceed the limit of liability provided elsewhere herein. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

6 商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE

(CONRAD) 核准日期及文號

222

98 年 08 月 19 日新安東京海上 98 字第 0479 號函備查條款內容

This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. 1. In no case shall this insurance cover loss, damage, liability or expense directly or

indirectly caused by or contributed to by or arising from:

1.1 ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel;

1.2 the radioactive, toxic, explosive or other hazardous or contaminating properties of

any nuclear installation, reactor or other nuclear assembly or nuclear component thereof;

1.3 any weapon of war employing atomic or nuclear fission and/or fusion or other like

reaction or radioactive force or matter. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：INSTITUTE STRIKES RIOTS AND CIVIL COMMOTIONS CLAUSES

核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0480 號函備查條款內容

1. This insurance covers loss of or damage to the property hereby insured caused by (a) strikers, locked-out workmen, or persons taking part in labour disturbances,

riots or civil commotions; (b) persons acting maliciously.

2. Warranted free of (i) loss or damage proximately caused by (a) delay, inherent vice or nature of the property hereby insured; (b) the absence, shortage or withholding of labour of any description

whatsoever during any strike, lock out, labour disturbance, riot or civil commotion;

(ii) any claim for expenses arising from delay, except such expenses as would be recoverable in principle in English law and practice under York-Antwerp Rules, 1974;

(iii) loss or damage caused by hostilities warlike operations civil war, or by revolution rebellion insurrection or civil strife arising therefrom.

3. This insurance attaches from the time the goods leave the warehouse or place of storage at the place named in the policy for the commencement of the transit, continues during the ordinary course of transit and terminates either on delivery.

(a) to the consignees' or other final warehouse or place of storage at the destination named in the policy.

223

(b) to any other warehouse or place of storage, whether prior to or at the destination named in the policy, which the Assured elect to use either.

(i) for storage other than in the ordinary course of transit, or (ii) for allocation or distribution. or (c) on the expiry of 60 days after completion of discharge overside of the goods

hereby insured from the oversea vessel at the final port of discharge. whichever shall first occur.

If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the goods are to be forwarded to a destination other than that to which they are insured hereunder, this insurance whilst remaining subject to termination as provided for above, shall not extend beyond the commencement of transit to such other destination.

This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 4 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract affreightment.

4. If owing to circumstances beyond the control of the Assured either the contract of affreightment, is terminated at a port or place other than the destination named therein or the adventure is otherwise terminated before delivery of the goods as provided for in Clause 3 above, then, subject to prompt notice being given to Underwriters and to an additional premium if required, this insurance shall remain in force until either

(i) the goods are sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at such port or place, whichever shall first occur,

or (ii) if the goods are forwarded within the said period of 60 days (or any agreed extension thereof)to the destination named in the policy or to any other destination, until terminated in accordance with the provisions of Clause 3

above.

5. General Average and Salvage Charges payable (subject to the terms of these clauses) according to Foreign Statement of York-Antwerp Rules if in accordance with the contract of affreightment.

6. Claims for loss or damage within the terms of these clauses shall be payable without reference to conditions of average.

7. Held covered at a premium to be arranged in case of change of voyage or of any omission or error in the description of the interest vessel or voyage.

8. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.

NOTE- It is necessary for the Assured when they become aware of an event which is "held covered" under this insurance to give prompt notice to underwriters and the right to such cover is dependent upon compliance with this obligation.


請洽本公司

224

商品名稱：INSTITUTE WAR CLAUSES (CARGO) 11/3/80


1. This insurance covers 1.1 the risks excluded from the Standard Form of English Marine Policy by the clause

"Warranted free of capture, seizure, arrest, restraint or detainment, and the consequences thereof or of any attempt thereat; also from the consequences of hostilities or warlike operations, whether there be a declaration of war or not; but this warranty shall not exclude collision, contact with any fixed or floating object (other than a mine or torpedo), stranding, heavy weather or fire unless caused directly (and independently of the nature of the voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing) by a hostile act by or against a belligerent power; and for the purpose of this warranty "power" includes any authority maintaining naval, military or air forces in association with a power. Further warranted free from the consequences of civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy.

1.2 loss of or damage to the interest insured caused by 1.2.1 hostilities, warlike operations, civil war, revolution, rebellion, insurrection or

civil strife arising therefrom 1.2.2 mines, torpedoes, bombs or other engines of war 1.3 general average and salvage charges incurred for the purpose of avoiding, or in

connection with the avoidance of, loss by a peril insured against by these clauses. General average and salvage changes payable according to Foreign Statement or to York-Antwerp Rules if in accordance with the contract of affreightment.

2. This insurance excludes 2.1 any claim based upon loss of, or frustration of, the insured voyage or adventure

caused by arrests restraints or detainments of Kings Princes Peoples Usurpers or persons attempting to usurp power

2.2 loss damage or expense arising from any hostile use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radio-active force or matter

2.3 loss or damage covered by the Standard Form of English Marine Policy with the Free of Capture etc. Clause (as quoted in 1.1 above) inserted therein

2.4 loss or damage proximately caused by delay inherent vice or loss of market, or any claim for expenses arising from delay except such expenses as would be recoverable in principle in English law and practice under York-Antwerp Rules.

3. Claims recoverable shall be payable irrespective of percentage.

4. This insurance, except for the risks of mines and derelict torpedoes, floating or submerged, referred to in Clause 5 below.

4.1 attaches only as the interest insured and as to any part as that part is loaded on an oversea vessel and

4.2 terminates, subject to 4.5 and 4.6 below, either as the interest and as to any part as that part is discharged from an oversea vessel at the final port or place of discharge,

225

or on expiry of 15 days counting from midnight of the day of arrival of the vessel

at the final port or place of discharge, whichever shall first occur; nevertheless, subject to prompt notice to the Underwriters and to an additional premium, such insurance

4.3 reattaches when, without having discharged the interest at the final port or place of discharge, the vessel sails therefrom, and

4.4 terminates, subject to 4.5 and 4.6 below, either as the interest and as to any part as that part is thereafter discharged from the vessel at the final (or substituted) port or place of discharge, or

on expiry of 15 days counting from midnight of the day of re-arrival of the vessel at the final port or place of discharge or arrival of the vessel at a substituted port or place of discharge, whichever shall first occur.

4.5 If during the insured voyage the oversea vessel arrives at an intermediate port or place to discharge the interest for on-carriage by another oversea vessel, such insurance terminates on expiry of 15 days counting from midnight of the day of arrival of the vessel at the intermediate port or place, but reattaches as the interest and as to any part as that part is loaded on the on-carrying oversea vessel. During the period of 15 days such insurance remains in force after discharge only whilst the interest and as to any part as that part is at such intermediate port or place of discharge. If the insurance reattaches, it thereafter terminates in accordance with 4.2.

4.6 If the voyage in the contract of carriage is terminated at a port or place other than the destination agreed therein, such port or place shall be deemed the final port of discharge and such insurance terminates in accordance with 4.2. If the interest is subsequently reshipped to the original or any other destination. then, provided notice is given to the Underwriters before the commencement of such further transit and subject to an additional premium, such insurance reattaches

4.6.1. in the case of the interest having been discharged, as the interest and as to any part as that part is loaded on the on-carrying oversea vessel for the voyage;

4.6.2. in the case of the interest not having been discharged, when the vessel sails from such deemed final port of discharge; thereafter such insurance terminates in accordance with 4.4.

(For the purpose of Clause 4 "arrival" shall be deemed to mean that the vessel is anchored, moored or otherwise secured at a berth or place within the Harbour Authority area. If such a berth or place is not available, arrival is deemed to have occurred when the vessel first anchors, moors or otherwise secures either at or off the intended port or place of discharge).

5. The insurance against the risks of mines and derelict torpedoes, floating or submerged, 5.1 attaches as the interest and as to any part as that part is first loaded on vessel or

craft after such interest leaves the warehouse or place of storage at the place named in the insurance for the commencement of the transit and

5.2 terminates either 5.2.1 as the interest and as to any part as that part is discharged finally from vessel or

craft prior to delivery to the warehouse or place of storage at the destination named in the insurance, or at a substituted destination in the event of a change of voyage agreed to by the Underwriters, or,

5.2.2 when, before the interest is discharged finally from vessel or craft prior to delivery to the warehouse or place of storage at the destination named in the insurance, or at a substituted destination in the event of a change of voyage agreed to by the Underwriters, the voyage or transit in the contract of carriage

226

is terminated at a port or place other than the destination agreed therein; nevertheless, subject to prompt notice to the Underwriters and to an additional premium if required, such insurance reattaches, and thereafter terminates either

5.2.2.1. as the interest and as to any part as that part is discharged from vessel or craft prior to sale and delivery at such port or place or,

5.2.2.2. unless otherwise specially agreed by the Underwriters, on the expiry of 60 days whilst afloat after completion of discharge overside of the interest from an oversea vessel at such port or place, whichever shall first occur,

If the interest is forwarded within the 60 days (or any agreed extension thereof) to the destination named in the insurance or to any other destination, then, subject to prompt notice to the Underwriters and to an additional premium, such insurance remains in force until terminated as the interest and as to any part as that part is discharged finally from vessel or craft prior to delivery to the warehouse or place of storage at the destination named in the insurance, or at a substituted destination in the event of a change of voyage agreed to by the Underwriters.

(For the purpose of Clause 4 and Clause 5) "oversea vessel" shall be deemed to mean a vessel carrying the interest from one port or

place to another where such voyage involves a sea passage by that vessel)

6. Anything contained in this contract which is inconsistent with Clause 2.1, 2.2, 4 or 5 shall, to the extent of such inconsistency, be null and void.

7. Subject to prompt notice to the Underwriters and to an additional premium, the interest is held covered within the provisions of these clauses in the case of

7.1 change of or deviation from the voyage 7.2 variation of the adventure by reason of the exercise of any liberty granted to

the shipowner or charterer under the contract of affreightment.

8. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.


請洽本公司

商品名稱：INTERMEDIARY CLAUSE


XXX (company name), are hereby recognized as the Intermediary negotiating this agreement and all correspondence, notices, endorsements, premiums and claims shall be handled by them trough their offices at XXX (address of company). 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：LOADING SURVEY CLAUSE

227


Including pipe line risk at both ends.Including the risks of explosion and contamination irrespective of percentage.Warranted that no transhipment is allowed.Notwiths tanding anything contained in the Transit Clause of The Institute Cargo Clauses to the contrary, it is understood and agreed that this insurance attaches from the time the goods have passed the coupling of the pipe of shore tank at the port of shipment and continues thereafter as stipulated in the said clause,until the goods are discharged into the consignee`s or other shore tank at the port of destination named in the policy. Requirements for survey and analysis prior to commencement of voyage. warranted by the Assured that (1) (2) (3) (4)

the ship`s (including loading coastal tanker &/or barge) tands be cleaned,tested and approved prior to loading of the goods, the goods shall be analyzed, gauged and weighed at port of loading (including the port of loading into coastal tanker &/or barge) tanks of loading coastal tanker &/or barge be cleared out and dried up in full at completion of loading of the goods onto overseas vessel and the satisfactory certificates as to above mentioned survey and analysis be given by LLOYD`S or other Authorized Surveyor

Requirements for survey after arrival at port of discharge Warranted that (1) (2) (3)

Our Authorized Surveyor shall take sample of the goods at time of discharge and shall generally supervise the weighing, gauging, measuring and other oparation for determination of condition of the goods either prior to or during or, at completion of discharge from the overseas vessel, the ship`s tanks be cleared out and dried up in full at completion of discharge from the overseas vessel into shore tand and the satisfactory certificates as to above mentioned surveys be given by our Authorized Surveyor.


請洽本公司

商品名稱：LOCATION CLAUSE

228


Notwithstanding anything contained herein to the contrary (except for coverage against war risk), it is specifically understood and agreed that this insurance shall attach from the time of the goods are carried into the locations/warehouses specified below or place of storage designated by the Assured worldwide as per following schedule of locations for the purpose of export/import, for storage other than in the ordinary course of transit or for allocation or distribution thereat. The storage period provided by this insurance shall in no case exceed XX days. After carried from locations/warehouses, this cover also continuously insured an ordinary of transit from the name of locations/warehouse to the Assured assigned finial destination or termination. The Schedule of Location Limit Name of Warehouse/Hubs

Address of Location Country Max. Limit/ per location


請洽本公司

商品名稱：POLITICAL RISKS CLAUSE


This clause shall override anything contained in this insurance inconsistent therewith: Altering the written terms and conditions of this policy with regard to the insurance of political perils (such as war, civil war or war-like events, confiscation, forfeiture or sovereign intervention, strike, lock-outs, industrial unrest, terrorism, civil unrest or other such civil commotion) irrespective as to whether these have been agreed in writing or in form of printed standard terms and conditions (e.g. DTV German General Rules of Marine Insurance Special Conditions for Cargo, ADS Cargo 1973 edition 1984, or ICC Conditions) the Insurer may cancel these risks globally under observation of a cancellation period of 48 hours, in as far as in insured transport and/or storage has not yet commenced. The cancellation shall become effective with the lapse of the above mentioned deadline commencing at midnight on that day on which the notification of cancellation was received by the Insured. Cancellation by the leading Insurer shall

229

simultaneously apply to all participating Insurers. Insurance covers shall be granted for a maximum period of XXX days for storage that has commenced prior to the receipt of notification of cancellation and for storage that is insured under the above mentioned insurance of political perils.


請洽本公司

商品名稱：PROFIT COMMISSION ENDORSEMENT


Subject to continuation of this policy for the ensuing twelve (12) months after each twelve (12) months anniversary, the company agrees to return to the Assured a profit commission as XX% of the net ascertained profit in respect of this policy year.

The net ascertained profit shall be calculated by deducting the “debit” from the “credit” as follows:

CREDIT YY% of gross marine premium less all return of premium.

DEBIT (1) All paid claims and related expenses less any salvage and recoveries occurring on shipments made during the policy year. (2) Underwriters‘ reserves for all claim outstanding and related expenses occurring on shipments made during the policy year. Profit commission will be paid at following calculations: 「( Credit – Debit)× XX%」= Profit commission

An initial adjustment under this Profit Sharing Agreement shall be made on or about six (6)

months following the policy year concerned. Subsequent additional adjustments shall be made

with respect to each policy year on or about the anniversary of each respective initial

adjustment, which shall take into consideration claim payments or reserves and all recoveries

received subsequent to the last adjustment.

230

Premiums losses reserves and recoveries as recorded in this Company‘s records shall be

accepted by the Assured for the purpose of Profit Sharing Calculations.

No profit share shall be paid for the prior year following cancellation of this Policy. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：RETURNED OR REFUSED SHIPMENTS CLAUSE


Subject to the original insuring conditions, this policy shall cover goods refused and/or returned by Consignees or which remain at the risk of the Assured beyond the normal course of transit until disposed of by the Assured by return to the place of shipment or otherwise.


請洽本公司

商品名稱：SECONDHAND MACHINERY REPLACEMENT CLAUSE


In the event of a claim for loss or damage to any part of the insured interest in consequence of a peril covered by the policy, the amount recoverable hereunder shall not exceed such proportion of the cost of replacement of the parts lost or damaged as the insured value bears to the value of a new machine plus additional charges for forwarding and refitting the new parts if incurred. Provided always that in no case shall the liability of Underwriters exceed the insured value of the complete machine. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：SIMULTANEOUS PAYMENT CLAUSE

231


In the event of a Claim under this policy the insured agrees that payment shall take place only simultaneously with settlement of XXX (Assured) with respect to the Limits of Liability set out in the Schedule of the Agreement between XXX (Insurer) and XXX (Assured). This clause concerns claims exceeding $XXX. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：STORAGE RISK CLAUSE, DURATION OF COVER


This clause shall override anything contained in this insurance inconsistent therewith: 1. During the insured period, the cover for each storage is limited to a maximum of 60

days. This period includes the day of arrival and the day of departure as one day each. 2. Duration 2.1 The policy provides cover from warehouse to warehouse, and attaches when the

goods are removed – for immediate transport – from the place of storage. 2.2 Depending on which occurs first, the cover terminates

2.2.1. the moment the goods arrive at the place of final delivery

stipulated by the consignee;

2.2.2 the moment the goods are forwarded after discharge at the port or airport of destination to a place of delivery not named in the policy if this change aggravates the risk;

2.2.3. on expiry of 60 days after the goods have been discharged from the ocean-going vessel or aeroplane at the port or airport of destination. Provided the Assured’s own interest is involved, the policy will not terminate at the end of the period agreed in No. 2.2.3. if –following discharge of the goods from the ocean-going vessel or aeroplane at the port or airport of destination – an insured peril delayed the insured voyage and the Assured reported the delay immediately. The Insurer shall be due a reasonable additional premium that is to be agreed.

2.2.4. if the goods are transported as per Incoterms FOB or CFR when stowed on board an ocean-going vessel;

2.2.5. if the goods are sold when an insured peril has occurred and when risk is passed;

2.3 In the event that the storage has not been arranged by the Assured, cover shall only remain in force beyond the period of time stated in No. 1. when the Assured

232

furnishes proof that he had no knowledge of the extent of the duration of the storage, or in accordance with commercial principles was not able to take influence on the duration of the storage. As soon as the Assured receives knowledge of the extent of the storage, he is obliged to report it to the Insurer immediately. The Insurer shall be due a reasonable additional premium that is to be agreed.

3. Storage according to No. 1. to 2.2.5. not covered by this policy can be insured by agreement before the storage begins. The premium has to be agreed.

4. If a representative clause has been agreed, it does not apply to the conditions of this clause.


請洽本公司

商品名稱：TERMINATION OF TRANSIT CLAUSE (TERRORISM)

核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0491 號函備查條款內容 This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. 1 Notwithstanding any provision to contrary contained in this Policy or

the Clauses referred to therein, it is agreed that in so far as this Policy covers loss of or damage to the subject-matter insured caused by any terrorist or any person acting from a political motive, such cover is conditional upon the subject-matter insured being in the ordinary course of transit and, in any event, SHALL TERMINATE:

either 1.1 As per the transit clauses contained within the Policy, or 1.2 on delivery to the Consignee’s or other final warehouse or place of

storage at the destination named herein,

1.3 on delivery to any other warehouse or place of storage, whether prior to or at the destination named herein, which the Assured elect to use either for storage other than in the ordinary course of transit or for allocation or distribution,

or 1.4 in respect of marine transits, on the expiry of 60 days after

completion of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge,

1.5 in respect of air transits, on the expiry of 30 days after unloading the

subject-matter insured from the aircraft at the final place of discharge, whichever shall first occur

2 If this Policy or the Clauses referred to therein specifically provide cover for inland or other further transits following on from storage, or termination as provided for above, cover will re-attach, and continues during the ordinary course of that transit

233

terminating again in accordance with clause 1.

3 This clause is subject to English law and practice.


請洽本公司

商品名稱：UNDERWRITING CONTROL CLAUSE


All aspects of coverage provided for hereunder are subject to the underwriting control of the Reinsurer hereon and the Reassured shall not make any alterations to the original policy without the prior approval of the Reinsurer. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：UNEXPLAINED SHORTAGE CLAUSE


This insurance is also specially to cover unexplained shortages of property insured

shipped in sealed container(s) whether or not the original seals are intact upon

arrival at the final destination, provided that:

A. the coverage for the shipment includes loss caused by theft; B. the Assured makes every attempt to recover the loss from anyone who may have

been responsible for the shortage through involvement in stuffing the container. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：USA ENDORSEMENT USEN 91


234

條款內容

This reinsurance shall be subject to the Institute Radioactive Contamination Exclusion Clause 1/10/90, provided that: Fire is one of the insured perils. The insured property, or in case of reinsurance, the property insured in the original insurance

is within the territory of the United States of America, its isles, territories and possessions.

Fire is derived from one of the causes as detailed in subitems 1.1 and 1.2 of the Institute Radioactive Contamination Exclusion Clause 1/10/90. Any loss or damage directly caused by fire, subject to that foreseen in this reinsurance, shall be covered with the exception of damage, liability or expense caused by nuclear reaction or radioactive contamination directly or indirectly caused by such fire.


請洽本公司

商品名稱：新安東京海上產物貨物運輸保險內陸運輸（A）附加條款

Inland Cargo Transit Clauses（A）


一、保險期間本保險自保險標的物離開本保險單所載地點之倉庫或儲存處所啟運時生效，經

正常之運輸路程，以迄運抵保險單載明之目的地卸載完畢時為止。

二、承保範圍本保險對保險標的物因意外事故所致之毀損或滅失負賠償責任。但下列第三條

之約定除外。三、除外事項

本公司對下列事項不負賠償責任：（一）由於被保險人之故意或不當行為所致之毀損滅失或費用。（二）保險標的物之正常漏損、重量或容量之正常減少或自然耗損。（三）由於被保險人對保險標的物包裝或配置之不固或不當所致之毀損滅失

或費用。（四）由於被保險人對貨物裝載違反道路交通安全規則所致之毀損滅失或費

用。（五）由於保險標的物之固有瑕疵或本質所致之毀損滅失或費用。（六）直接由於遲延所致之毀損滅失或費用，即使此項遲延係因承保事故所致

者。（七）由於運送人之無力償債或財務糾紛所致之毀損滅失或費用。

235

（八）由於戰爭、內戰、革命、叛亂、罷工、暴動、民眾騷擾或類似行為所致

之毀損滅失或費用。（九）由於使用原子或核子武器所致之毀損滅失或費用。

四、保險之權益運送人或其他受託人不得享受本保險之權益。五、被保險人之義務

（一）被保險人及其受僱人及代理人對保險標的物之損害，應盡下列義

務： 1. 應採取避免或減輕損害之適當措施；及 2. 對於運送人、受託人或其他第三者之一切求償權利應予適當保全及

行使。保險人同意除本保險可得之任何損害賠償外，對於被保險人

為履行上述義務所作適當、合理支出之一切費用另予補償。

（二）被保險人或保險人為救助、保護或回復保險標的物所採取之措施，

不得視為對委付之放棄或承諾，或影響任何一方當事人之權益。六、合理迅速之措施被保險人在其所能控制一切情況下，應做合理而迅速之處理，為本保險之必要條件。七、法律及慣例本保險依中華民國法律及慣例辦理。


請洽本公司

商品名稱：新安東京海上產物貨物運輸保險內陸運輸（C）附加條款

Inland Cargo Transit Clause (C)

核准日期及文號 98 年 08 月 19 日新安東京海上 98 字第 0496 號函備查條款內容一、保險期間

本保險自保險標的物離開本保險單所載地點之倉庫或儲存處所啟運時生效，經

正常之運輸路程，以迄運抵保險單載明之目的地卸載完畢時為止。

二、承保範圍

本保險對保險標的物因下列危險事故所致之毀損或滅失負賠償責任：

(一) 火災或爆炸。

(二) 運輸工具之翻覆、出軌或意外碰撞。

(三) 公路、鐵路、隧道、橋樑及其他交通設施發生傾塌。

三、除外事項

本保險對下列事項不負賠償責任：

236

(一) 颱風、洪水、海嘯、地震、閃電、火山爆發所致之毀損滅失或費用。

(二) 由於任何人之惡意行為對保險標的物全部或部份之毀損或破壞。

(三) 由於被保險人之故意不當行為所致之毀損滅失或費用。

(四) 保險標的物之正常漏損、重量或容量之正常減少或自然耗損。

(五) 由於被保險人對保險標的物包裝或配置之不固或不當所致之毀損滅失

或費用。

(六) 由於被保險人對貨物裝載違反道路交通安全規定所致之毀損滅失或費

用。

(七) 由於保險標的物之固有暇疵或本質所致之毀損滅失或費用。

(八) 直接由於遲延所致之毀損滅失或費用，即使此項遲延係因承保危險所致

者。

(九) 由於運送人之無力償債或財務糾紛所致之毀損滅失或費用。

(十) 由於戰爭、內戰、革命、叛亂、罷工、暴動、民眾騷擾或類似行為所致

之毀損滅失或費用。

(十一) 直接或間接由於下列原因引起或所致之毀損滅失責任或費用：

(1) 任何核子燃料、核子廢料或核子燃料燃燒所生之電離輻射或輻射污

染。

(2) 任何核子設施、反應器或其他核子裝置或其核組件之輻射、有毒、爆

炸或其他為害污染物質。

(3) 任何使用原子或核子分裂、融合或其他類似反應，輻射力或輻射物質

之戰爭武器。

四、保險之權益

運送人或其他受託人不得享受本保險之權益。

五、被保險人之義務

(一) 被保險人及其受僱人及代理人對保險標的物之損害，應盡下列義務：

1.應採取避免或減輕損害之適當措施；及

2.對於運送人、受託人或其他第三者之一切求償權利應予適當保全及行

使。

保險人同意除本保險可得之任何損害賠償外，對於被保險人為履行上述

義務所作適當，合理支出之一切費用另予補償。

(二) 被保險人或保險人為救助、保護或回復保險標的物所採取之措施，不得

視為對委付之放棄或承諾，或影響任何一方當事人之權益。

六、合理迅速之措施

被保險人在其所能控制之一切情況下，應作合理而迅速之處理，為本保險之必

要條件。

七、法律及慣例

本保險依中華民國法律及慣例辦理。


請洽本公司

商品名稱：新安東京海上產物貨物運輸保險鋼材特約(A1)附加條款

SPECIAL WARRANTY FOR STEEL PRODUCTS (A1)


237

98 年 08 月 19 日新安東京海上 98 字第 0497 號函備查條款內容

除本保險單所約定之保險條件外，茲經雙方同意並約定履行下列事項：一、1. 進口之數量增加、或相等，但進口重量減少時，本保險不予理賠。

2. 進口重量增加、或相等，但進口數量減少時，本保險不予理賠。 3. 進口之數量減少，重量亦減少時，依進口文件之理論重量，但若進口文件之

理論重量大於卸貨港之公證報告上所載之過磅重量時，以該公證報告上所載

之重量為理賠收據。二、本保險單不承保因任何原因所造成之生鏽、氧化及變色之損失、毀損或費用。三、本保險單不承保標的物與其他貨物接觸所致之毀損、滅失或費用。四、本保險單所承保之保險標的物，於卸貨港卸貨時，被保險人應於離卸貨港最近

之公磅處所，會同保險公司指定之公證行作卸貨之公證，並應取得船方代表簽

認之短少證明，以憑辦理理賠手續。五、被保險人應於保單簽發時，保證裝載之船舶非作為最後航程之解體船舶。六、本保險單對於標的物裝運於船齡 20 年以上之逾齡船舶，其航運期間所造成之

任何毀損、滅失或費用，不負賠償責任。七、被保險人應於標的物起運前將承運船舶之船名及開航日期以書面告知保險人。說明：第一條第三款之“理論重量”係指提單或商業發票上所記載之重量與數量相

除之數值。個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：新安東京海上產物貨物運輸保險鋼材特約(A2)附加條款

SPECIAL WARRANTY FOR STEEL PRODUCTS (A2)


除本保險單所約定之保險條件外，茲經雙方同意並約定履行下列事項：一、裝船公證：

被保險人應於貨物裝船後，取得裝船之公證報告﹝該公證需由保險人指定之公

證行或 LLOYD’S 代理行為之﹞確定貨物之裝船數量、尺寸、規格及裝載情況。

該公證報告並作為被保險人求償時之必要文件，憑以確認裝運之資料。二、1. 進口之數量增加、或相等，但進口重量減少時，本保險不予理賠。



之重量為理賠收據。

238

三、本保險單不承保標的物與其他貨物接觸所致之毀損、滅失或費用。四、本保險單所承保之保險標的物，於卸貨港卸貨時，被保險人應於離卸貨港最近


認之短少證明，以憑辦理理賠手續。五、被保險人應於保單簽發時，保證裝載之船舶非作為最後航程之解體船舶。六、本保險單對於標的物裝運於船齡 20 年以上之逾齡船舶，其航運期間所造成之

任何毀損、滅失或費用，不負賠償責任。七、被保險人應於標的物起運前將承運船舶之船名及開航日期以書面告知保險人。

說明：第二條第三款之“理論重量”係指提單或商業發票上所記載之重量與數量相除

之數值。個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：新安東京海上產物貨物運輸保險鋼材特約(A)附加條款

SPECIAL WARRANTY FOR STEEL PRODUCTS (A)


除本保險單所約定之保險條件外，茲經雙方同意並約定履行下列事項：一、裝船公證：

被保險人應於貨物裝船後，取得裝船之公證報告﹝該公證需由保險人指定之公

證行或 LLOYD’S 代理行為之﹞確定貨物之裝船數量、尺寸、規格及裝載情況。

該公證報告並作為被保險人求償時之必要文件，憑以確認裝運之資料。二、1. 進口之數量增加、或相等，但進口重量減少時，本保險不予理賠。



之重量為理賠收據。三、本保險單不承保因任何原因所造成之生鏽、氧化及變色之損失、毀損或費用。四、本保險單不承保標的物與其他貨物接觸所致之毀損、滅失或費用。五、本保險單所承保之保險標的物，於卸貨港卸貨時，被保險人應於離卸貨港最近


認之短少證明，以憑辦理理賠手續。六、被保險人應於保單簽發時，保證裝載之船舶非作為最後航程之解體船舶。七、本保險單對於標的物裝運於船齡 20 年以上之逾齡船舶，其航運期間所造成之

任何毀損、滅失或費用，不負賠償責任。八、被保險人應於標的物起運前將承運船舶之船名及開航日期以書面告知保險人。

239

說明：第二條第三款之“理論重量”係指提單或商業發票上所記載之重量與數量相

除之數值。個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：72 HOURS CLAUSE (EARTHQUAKE AND FLOOD) 核准日期及文號

99 年 04 月 23 日新安東京海上 99 字第 022109 號函備查承保範圍

a. Each loss by earthquake, volcanic action, or flood shall constitute a single loss hereunder. (1) If more than one earthquake shock or volcanic action occurs within any period of 72

hours during the term of this policy, the beginning of which 72-hour period may be determined by the Insured: or

(2) If any flood occurs within a period of the continued rising or overflow of any river(s) or stream(s) and the subsidence of same within the banks of such river(s) or stream(s); or

(3) If any flood results from any tidal wave or series of tidal waves cause b any one disturbance.

Such earthquake shocks, volcanic action, or flood shall be deemed to be a single occurrence within the meaning of this policy.

b. Should any time period referred to in “a”above extend beyond the expiration date of this

policy and commence prior to expiration the Company shall pay all such earthquake, volcanic action, or flood losses occurring during such period as if such period fell entirely within the term of this policy.

The Company shall not be liable, however, for any loss caused by earthquake shock, volcanic action, or flood occurring before the effective date and time or commencing after the expiration date and time of this policy. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：ACCUMULATION CLAUSE (LOCATIONS) 核准日期及文號

99 年 04 月 23 日新安東京海上 99 字第 022110 號函備查

240

承保範圍 In the event that the amount at risk in any one location exceeds the limit expressed

above, losses will be indemnified on first loss basis up to the amount of such limit. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：BRAND PROTECTION CLAUSE 核准日期及文號

99 年 04 月 23 日新安東京海上 99 字第 022111 號函備查承保範圍 The assured has a duty to avoid and /or to minimize loss and/or damage to the cargo

hereby insured. In case the cargo hereby insured sustains loss and/or damage by perils insured against during the period insured and when, in order to effect repair or recondition of the cargo, the necessary repair/recondition charges exceed the insured value and thus the cargo constitute a constructive total loss. The insurer shall pay total loss and obtain the remaining cargo by way of subrogation. However, if the assured, exercising a reasonable discretion, decides that the cargo in the above case will not be fit or suitable for marketing and that the cargo should be destroyed under their responsibility, the insurer shall agree to the assured’s decision and shall waive the right of subrogation.

不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱： CONCEALED DAMAGE CLAUSE 核准日期及文號


It is understood and agreed that in respect of shipments insured hereunder which are received at destination but not unpacked, this policy is extended to cover losses arising from perils insured against while in transit, which are not ascertained until the opening of the packages, provided such opening occurs not later than XXXX (XX) days after arrival at destination and, in the absence of proof to the contrary, such

241

losses are to be considered as having occurred during the voyage covered under this policy.

It is further agreed by the Insured that any package showing signs of damage on arrival shall be inspected immediately and normal claims procedure adopted.

Nothing contained herein, however, shall be construed to limit the coverage elsewhere provided herein.


請洽本公司

商品名稱：DEBRIS REMOVAL CLAUSE 核准日期及文號


This insurance is extended to cover, in addition to any other amount recoverable under this insurance, extra expenses by the Assured for the removal and disposal of debris of the subject-matter insured, or part thereof, by reason of damage thereto caused by an insured risk.

In no case shall this Company be liable under this Clause for more than xx % of the value of the damaged part of the subject-matter, actual cost or aggregate policy limit of xxxxx, whichever is lower per any one accident.


請洽本公司

商品名稱：INSTITUTE STRIKES CLAUSE ( AIR CARGO) 1/1/2009 核准日期及文號


1. This insurance covers, except as excluded by the provisions of Clauses 3 below, loss of or damage to the subject-matter insured caused by

242


1.2 any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted

1.3 any person acting from a political, ideological or religious motive. 2. This insurance covers salvage charges incurred to avoid or in connection with the

avoidance of loss from any cause except those excluded in Clause 3 below. 不保事項

3. In no case shall this insurance cover 3.1 loss damage or expense attributable to wilful misconduct of the Assured


3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of this Clause 3.3 “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)


3.5 loss damage or expense arising from unfitness of aircraft conveyance or container for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.

3.6 loss damage or expense caused by delay, even though the delay be caused by a risk insured against

3.7 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the aircraft where, at the time of loading of the subject-matter insured on board the aircraft, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the transit

This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract


3.9 any claim based upon loss of or frustration of the transit or adventure 3.10 loss damage or expense directly or indirectly caused by or arising from the

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



請洽本公司

243

商品名稱：INSTITUTE STRIKES CLAUSE (CARGO) 1/1/2009 核准日期及文號


1. This insurance covers, except as excluded by the provisions of Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by 1.1 strikers, locked-out workmen, or persons taking part in labour disturbances,

riots or civil commotions 1.2 any act of terrorism being an act of any person acting on behalf of, or in

connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted

1.3 any person acting from a political, ideological or religious motive.

Risks

2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from a risk covered under these Clauses.

General Average

不保事項

3. In no case shall this insurance cover loss damage or expense attributable to wilful misconduct of the Assured


3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of this Clause Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)


. 3.5 loss damage or expense caused by delay, event though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)



3.8 any claim based upon loss of or frustration of the voyage or adventure

3.9 loss damage or expense directly or indirectly caused by or arising from any hostile use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

244

3.10 loss damage or expense caused by war civil war revolution rebellion insurrection,

or civil strife arising therefrom, or any hostile act by or against a belligerent power. 4. 4.1 In no case shall this insurance cover loss damage or expense arising from

4.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein





請洽本公司

商品名稱：INSTITUTE WAR CLAUSE (AIR CARGO)(excluding sending

by Post)1/1/2009 核准日期及文號


1 This insurance covers, except as excluded by the provisions of Clauses 3 below, loss of or damage to the subject-matter insured caused by


1.2 capture seizure arrest restraint or detainment, arising from risks covered under 1.1 above, and the consequences thereof or any attempt thereat

1.3 derelict mines torpedoes bombs or other derelict weapons of war. 2 This insurance covers salvage charges incurred to avoid or in connection with the

avoidance of loss from any cause except those excluded in Clauses 3 below. 不保事項 3 In no case shall this insurance cover



or preparation of thesubject-matter insured to withstand the ordinary incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses "packing" shall be deemed to include stowage in a container and "employees" shall not include independent contractors)

3.4 loss damage or expense caused by inherent vice or nature of the

245

subject-matter insured 3.5 loss damage or expense arising from unfitness of aircraft conveyance or

container for the safe carriage of the subject-matter insured, where loading therein or thereon is carried out prior to attachment of this insurance or by the Assured or their employees and they are privy to such unfitness at the time of loading. This exclusion shall not apply where the contract of insurance has been assigned to the party claiming hereunder who has bought or agreed to buy the subject-matter insured in good faith under a binding contract.

3.6 loss damage or expense caused by delay, even though the delay be caused by a risk insured against

3.7 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the aircraft where, at the time of loading of the subject-matter insured on board the aircraft, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the transit.


3.8 any claim based upon loss of or frustration of the transit or adventure 3.9 loss damage or expense directly or indirectly caused by or arising from any

hostile use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.


請洽本公司

商品名稱：INSTITUTE WAR CLAUSE (CARGO)1/1/2009 核准日期及文號


1. This insurance covers, except as excluded by the provisions of Clauses 3 and 4 below, loss of or damage to the subject-matter insured caused by 1.1 war civil war revolution rebellion insurrection, or civil strife arising


under 1.1 above, and the consequences thereof or any attempt thereat 1.3 derelict mines torpedoes bombs or other derelict weapons of war.

2. This insurance covers general average and salvage charges, adjusted or determined according to the contract of carriage and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from a risk covered under these Clauses.




or preparation of the subject-matter insured to withstand the ordinary

246

incidents of the insured transit where such packing or preparation is carried out by the Assured or their employees or prior to the attachment of this insurance (for the purpose of these Clauses “packing” shall be deemed to include stowage in a container and “employees” shall not include independent contractors)



3.6 loss damage or expense caused by insolvency or financial default of the owners managers charterers or operators of the vessel where, at the time of loading of the subject-matter insured on board the vessel, the Assured are aware, or in the ordinary course of business should be aware, that such insolvency or financial default could prevent the normal prosecution of the voyage.


3.7 any claim based upon loss of or frustration of the voyage or adventure 3.8 loss damage or expense directly or indirectly caused by or arising from any hostile use of any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

4. 4.1 In no case shall this insurance cover loss damage or expense arising from 4.1.1 unseaworthiness of vessel or craft or unfitness of vessel or craft for

the safe carriage of the subject-matter insured, where the Assured are privy to such unseaworthiness or unfitness, at the time the subject-matter insured is loaded therein





請洽本公司

商品名稱：LOCATION CLAUSE (WITHOUT LIMITATION PERIODS) 核准日期及文號


Notwithstanding anything contained herein to the contrary (except for coverage against war risk), it is specifically understood and agreed that this insurance shall attach from the time of the goods are carried into the warehouse specified below or

247

place of storage designated by the Assured worldwide as per following schedule of locations for the purpose of export/import, for storage other than in the ordinary course of transit or for allocation or distribution thereat. This cover will terminate after the completion of loading/discharging of the goods to the board of the vessel or aircraft at the loading/discharging port or airport named in the policy or carrying to the Assured assigned final warehouse, destination or place in the policy.


請洽本公司

商品名稱：PROCESS CLAUSE (LOCATIONS) 核准日期及文號


This insurance remains in full force whilst the subject-matter insured is under any process but in no case shall extend to cover damage thereto solely caused by such process.


請洽本公司

商品名稱：SPECIAL CLAUSE FOR CONCEALED DAMAGE OR MYSTERIOUS

LOSS 核准日期及文號


This company shall cover the concealed damage and/or mysterious loss to the goods hereby insured which cannot be found from external appearance of the original package on unpacking or to the containerized goods when any sign of disorder cannot be found on seal and/or appearance of the container on devanning.

In case of such loss or damage, prompt notice shall be given to this Company’s agent for survey and inquiry to the shipper whether the loss is due to short shipment or not shall be made.

248


請洽本公司

商品名稱：SPECIAL CLAUSE FOR CONTAINERIZED CARGO 核准日期及文號


In the event of the goods hereby insured or any part thereof being carried in container (s) by the overseas vessel &/or other conveyance(s), it is specially understood and agreed that this insurance shall be subject to the following conditions：

(1) In case of closed Van type metal container (including closed FRP container), the

original conditions stated herein of the “On-deck Clause” contained herein.

(2) In case of contained(s) other than above (1), the “On-deck Clause” contained herein shall be applied if the goods are carried on deck.

Notwithstanding the foregoing paragraph (2), the original conditions shall be granted that the Assured give to this Company a previous notice of such deck-loaded stowage and agree to pay an additional premium required.


請洽本公司

商品名稱：SPECIAL CLAUSE FOR FORWARDING CHARGE 核准日期及文號


Notwithstanding anything to the contrary contained herein, it is specially understood and agreed that if it is necessary for the Assured as a result of loss of or damage to the goods caused by a peril insured to forward the goods for replacement by air for the sole purpose of preventing the delay in delivery, this Company shall pay charges for forwarding by air in addition to the amount payable for the above loss or damage even though such charges exceed the insured amount.

249

In no case shall this Company be liable under this Clause for more than either 10% of the value of the damaged part of the subject-matter, actual cost or aggregate policy limit of xxxxx.-, which is lower per any one accident.


請洽本公司

商品名稱： SPECIAL CLAUSE FOR INSPECTION 核准日期及文號


In case an accident should occur during the period of this insurance and there should be a possibility of loss or damage covered by the Policy, this company shall be liable for any inspection &/or survey fees and charges incurred from such an accident irrespective of actual loss or damage, provided that the inspector &/or surveyor duly authorized by this Company shall regard the inspection of the good hereby insured as appropriate and reasonable.

In no case shall this Company be liable under this Clause for more than xx % of the value of the damaged part of the subject-matter, actual cost or aggregate policy limit of xxxxx, whichever is lower per any one accident.


請洽本公司

商品名稱：SPECIAL CLAUSE FOR SETTLEMENT OF CLAIM 核准日期及文號


Claim for petty damages such as breakage, bending, denting and a scratching etc., not exceeding US$xxx.00 per any one occurrence of damage shall be settled on the basis of the statement prepared by the Assured of the particulars of such loss or damage instead of a survey report, and in case of such claim the “Assured” shall

250

present to “Company’s” Agent, the above statement.

In no case, however, the above special method of settlement of claim shall apply to any claim resulting from :

a. major casualties such as the carrying vessel or craft being stranded, sunk, burnt,

in collision or substance (ice included) other than water,

b. fire, lightning &/or explosion,

c. earthquake, tidal wave, flood and the like, d. general average and

e. S.R.C.C.


請洽本公司

商品名稱：SPECIAL REPLACEMENT CLAUSE (AIR FREIGHT) 核准日期及文號


In the event of loss of or damage to any part or parts of an insured goods caused by a peril covered by this policy, the sum recoverable shall not exceed the cost of replacement or repair of such part or parts plus charges for forwarding and refitting, if incurred, but excluding duty unless the full duty included in the amount insured , in which case loss, if any, sustained by payment of additional duty shall also be recoverable.

In case where part or parts of an insured goods are damaged by perils insured against under this policy and substitutes therefore are supplied by air, the air freight including incidental charges shall be recoverable under this policy provided such air transport is made for the sole purpose of preventing or alleviating further damage or for any other purpose which this company admit to be inevitable.

Provided always that in no case shall the liability of this company exceed the insured value of the complete goods.

不保事項同主保險契約個人保險商品預定費用率

251

不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：SPECIAL REPLACEMENT CLAUSE (DUTY) 核准日期及文號


Notwithstanding the provision in the Institute Replacement Clause attached hereto, it is specially understood and agreed that this Company shall also be liable to pay for loss, if any sustained by payment of duty on parts or parts for replacement or repair in case the full duty is not included in the amount insured.


請洽本公司

商品名稱：TERMINATION OF TRANSIT CLAUSE (TERRORISM) 2009 核准日期及文號


This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. 1. Notwithstanding any provision to the contrary contained in the contract of insurance or the Clauses referred to therein, it is agreed that in so far as the contract of insurance covers loss of or damage to the subject-matter insured caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organization which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted or any person acting from a political, ideological or religious motive,

such cover is conditional upon the subject-matter insured being in the ordinary course of transit and, in any event, SHALL TERMINATE: either

as per the transit clauses contained within the contract of insurance,or on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in the contract of insurance, on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either fro storage other than in the ordinary course of transit or for allocation or distribution, or when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit,or in respect of marine transits, on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge, in respect of air transits, on the expiry of 30 days after unloading the subject-matter

252

insured form the aircraft at the final place or discharge. whichever shall first occur. If the contract of insurance or the Clauses referred to therein specifically provide cover for inland or other further transits following on from storage, or termination as provided for above, cover will re-attach, and continues during the ordinary course of that transit terminating again in accordance with clause 1.


請洽本公司

商品名稱：U.S. ECONOMIC AND TRADE SANCTIONS CLAUSE 核准日期及文號


Whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanctions such as, but not limited to, those sanctions administered and enforced by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), such coverage shall be null and void. Similarly, any coverage relating to or referred to in any certificates or other evidences of insurance or any claim that would be in violation of U.S. economic or trade sanctions as described above shall also be null and void.


請洽本公司

商品名稱：WAR AND STRIKES CANCELLATION CLAUSE (CARGO) 核准日期及文號


The cover against war risks and strikes, riots and civil commotions risks (as defined in the relevant Institute War Clauses and Institute Strikes Clauses) may be cancelled by either the Underwriters or the Assured except in respect of any insurance which shall have attached in accordance with the conditions of the Institute War Clauses and Institute Strikes Clauses before the cancellation becomes effective.

253

Such cancellation shall however only become effective on the expiry of xx days from midnight of the day on which notice of the cancellation is issued by or to the Underwriters.


請洽本公司

商品名稱：CLAUSE PARAMOUNT CLAUSE 核准日期及文號

99年 08 月 04 日新安東京海上 99字第 046601號函備查承保範圍 Anything contained in the institute clauses referred to herein that

inconsistent with the following clauses and conditions shall, to the

extent of such inconsistency, by null and void.

This clause paramount shall not serve to override the duration clause in the

Institute War Clauses. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：INFIDELITY CLAUSES 核准日期及文號

99年 08 月 04 日新安東京海上 99字第 046602號函備查承保範圍

Excluding infidelity of the Assured, their employees and their agents whether

occurring during normal working hours or not. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：LOADING AND UNLOADING CLAUSE 核准日期及文號

99年 08 月 04 日新安東京海上 99字第 046603號函備查

254

承保範圍 The risk of unloading goods at point of arrival on import and/or inland

transit is also extended to cover in this policy as deemed to be in the

ordinary course of transit. The risk of loading goods at point of origin

on export and/or inland transit is also extended to cover in this policy

as deemed to be in the ordinary course of transit. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：MACHINERY CLAUSE 核准日期及文號

99年 08 月 04 日新安東京海上 99字第 046604號函備查承保範圍 In case of loss or damage to any part of a machine or other article,

consisting when completer for sale or use of several parts, Underwriters

(if liable therefor under the terms of this insurance) shall only be liable

for the proportion of the insured value applicable to the part of parts

lost or damaged or, at the Assured’s option, for the cost and expense

of replacing the part or parts lost or damaged (including forwarding

charges) and labour and installation charges necessary to restore the

damages machine or article to this condition at the time of shipment. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：MECHANICAL AND/OR ELECTRICAL DERANGEMENT CLAUSE 核准日期及文號

99年 08 月 04 日新安東京海上 99字第 046605號函備查承保範圍 Excluding mechanical and /or electrical derangement unless caused by an

insured peril. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

255

請洽本公司

商品名稱：MYSTERIOUS DISAPPEARANCE CLAUSE 核准日期及文號

99年 08 月 04 日新安東京海上 99字第 046606號函備查承保範圍 Underwriters shall not be liable for any loss, other than for non-delivery ,

that constitutes a mysterious disappearance or unexplained shortages and

losses, discovered upon taking inventory. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：MYSTERIOUS LOSS COVER CLAUSE 核准日期及文號


Notwithstanding anything contained herein to the contrary, it is

specially understood and agreed that this Company shall cover the

mysterious loss to the goods hereby insured which cannot be found from

the external appearance of the original package on unpacking or to the

containerized goods when any sign of disorder cannot be found on seal &/or

appearance of the container on devanning.

In no case, however, shall this Company be liable, if this Company proved

such non-delivery &/or short-delivery had occurred before the

commencement of this insurance, or had been caused by willful act or gross

negligence of the shipper.

Such loss shall mean the difference between the number of packages as

per shipper's &/or supplier's invoice &/or packing list of the container

in which the packages have been packed by the shipper &/or supplier's or

number of packages described in the Bill of Lading and the actual number

of packages in the package or container when it is opened or devanned at

the final destination named in the policy. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

256

請洽本公司

商品名稱：OPEN TOP/FLAT CONTAINER CLAUSE 核准日期及文號

99年 08 月 04 日新安東京海上 99字第 046608號函備查承保範圍 Notwithstanding anything contained herein to the contrary, it is specially

understood and agreed that in the event of the interest hereby insured

and any part thereof being carried on open-top or flat container, the

conditions on such carriage shall be “Institute Cargo Clauses ( C )”

at the commencement of this insurance.


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Institute Time Clauses –

Hulls (1/10/83) Amended for Japanese Clauses Class No.6

(4/2010) 核准日期及文號


1 NAVIGATION 1.1 The Vessel is covered subject to the provisions of this insurance at all times and has leave to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but it is warranted that the Vessel shall not be towed, except as is customary or to the first safe port or place when in need of assistance, or undertake towage or salvage services under a contract previously arranged by the Assured and/or Owners and/or Managers and/or Charterers. This Clause 1.1 shall not exclude customary towage in connection with loading and discharging. 1.2 In the event of the Vessel being employed in trading operations which entail cargo loading or discharging at sea from or into another vessel (not being a harbour or inshore craft) no claim shall be recoverable under this insurance for loss of or damage to the Vessel or liability to any other vessel arising from such loading or discharging operations, including whilst approaching, lying alongside and leaving, unless previous notice that the Vessel is to be employed in such operations has been given to the Underwriters and any amended terms of cover and any additional premium required

257

by them have been agreed. 1.3 In the event of the Vessel sailing (with or without cargo) with an intention of being (a) broken up, or (b) sold for breaking up, any claim for loss of or damage to the Vessel occurring subsequent to such sailing shall be limited to the market value of the Vessel as scrap at the time when the loss or damage is sustained, unless previous notice has been given to the Underwriters and any amendments to the terms of cover, insured value arid premium required by them have been agreed. Nothing in this Clause 1.3 shall affect claims under Clauses 8 and/or 11. 2 CONTINUATION Should the Vessel at the expiration of this insurance be at sea or in distress or at a port of refuge or of call, she shall, provided previous notice be given to the Underwriters, be held covered at a pro rata monthly premium to her port of destination. 3 BREACH OF WARRANTY Held covered in case of any breach of warranty as to cargo, trade, locality, towage, salvage services or date of sai1ing, provided notice be given to the Underwriters immediately after receipt of advices and any amended terms of cover and any additional premium required by them be agreed. 4 TERMINATION This Clause 4 shall prevail notwithstanding any provision whether written typed or printed in this insurance inconsistent therewith. Unless the Underwriters agree to the contrary in writing, this insurance shall terminate automatically at the time of 4.1 change of the Classification Society of the Vessel, or change, suspension, discontinuance, withdrawal or expiry of her Class therein, provided that if the Vessel is at sea such automatic termination shall be deferred until arrival at her next port. However where such change, suspension, discontinuance or withdrawal of her Class has resulted from loss or damage covered by Clause 6 of this insurance or which would be covered by an insurance of the Vessel subject to current Institute War and Strikes Clauses Hulls- Time such automatic termination shall only operate should the Vessel sail from her next port without the prior approval of the Classification Society, 4.2 any change, voluntary or otherwise, in the ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the Vessel, provided that, if the Vessel has cargo on board and has already sailed from her loading port or is at sea in ballast, such automatic termination shall if required be deferred, whilst the Vessel continues her planned voyage, until arrival at final port of discharge if with cargo or at port of destination if in ballast. However, in the event of requisition

258

for title or use without the prior execution of a written agreement by the Assured, such automatic termination shall occur fifteen days after such requisition whether the Vessel is at sea or in port. A pro rata daily net return of premium shall be made, 5 ASSIGNMENT No assignment of or interest in this insurance or in any moneys which may be or become payable thereunder is to be binding on or recognised by the Underwriters unless a dated notice of such assignment or interest signed by the Assured, and by the assignor in the case of subsequent assignment, is endorsed on the Policy and the Policy with such endorsement is produced before payment of any claim or return of premium thereunder. 6 PERILS 6.1 This insurance covers loss of damage to the subject-matter insured caused by 6.1.1 perils of the seas rivers lakes or other navigable waters 6.1.2 fire, explosion 6.1.3 violent theft by persons from outside the Vessel 6.1.4 jettison 6.1.5 piracy 6.1.6 breakdown of or accident to nuclear installations or reactors 6.1.7 contact with aircraft or similar objects, or objects falling therefrom, land conveyance, dock or harbour equipment or installation 6.1.8 earthquake volcanic eruption or lightning. 6.2 This insurance covers loss of or damage to the subject-matter insured caused by 6.2.1 accidents in loading discharging or shifting cargo or fuel bursting of boilers breakage of shafts or any latent defect in the machinery or hull except any accident to painting only (including such accident arising from the cause mentioned in 6.2.4 below) 6.2.2 6.2.3 negligence of Master Officers Crew or Pilots 6.2.4 negligence of repairers or charterers provided such repairers or charterers are not an Assured hereunder 6.2.5 barratry of Master Officers or Crew. provided such loss or damage has not resulted from want of due diligence by the Assured. Owners or Managers. 6.3 Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause 6 should they hold shares in the Vessel.

259

7 POLLUTION HAZARD This insurance covers loss of or damage to the Vessel caused by any governmental authority acting under the powers vested in it to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the Vessel for which the Underwriters are liable under this insurance, provided such act of governmental authority has not resulted from want of due diligence by the Assured, the Owners, or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of this Clause 7 should they hold shares in the Vessel. 8. four-fourths COLLISION LIABILITY 8.1 The Underwriters agree to indemnify the Assured for the four-fourths of any sum or sums which the Assured becomes legally liable to pay to any other person or persons by way of damages for 8.1.1 loss of or damage to any other vessel or property on any other vessel 8 1.2 delay to or loss of use of any such other vessel or property thereon 8.1.3 general average of, salvage of, or salvage under contract of, any such other vessel or property thereon. where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any other vessel. 8.2 The indemnity provided by this Clause 8 shall be in addition to the indemnity provided by the other terms and conditions of this insurance and shall be subject to the following provisions: 8.2.1 Where the insured Vessel is in collision with another vessel and both vessels are to blame then, unless the liability of one or both vessels becomes limited by law, the indemnity under this Clause 8 shall be calculated on the principle of cross-liabilities as if the respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of the collision. 8.2.2 In no case shall the Underwriters’ total liability under Clauses 8.1 and 8.2 exceed their proportionate part of four-fourths of the insured value of the Vessel hereby insured in respect of any one collision. 8.3 The Underwriters will also pay four-fourths of the legal costs incurred by the Assured or which the Assured may be compelled to pay in contesting liability or taking proceedings to limit liability, with the prior written consent of the Underwriters. EXCLUSIONS

260

8.4 Provided always that this Clause 8 shall in on case extend to any sum which the Assured shall pay for or in respect of 8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever 8.4.2 any real or personal property or thing whatsoever except other vessels or property on other vessels 8.4.3 the cargo or other property on, or the engagements of the insured Vessel 8.4.4 loss of life, personal injury or illness 8.4.5 pollution or contamination of any real or personal property or thing whatsoever (except other vessels with which the insured Vessel is in collision or properly on such other vessels). 9 SISTERSHIP Should the Vessel hereby insured come into collision with or receive salvage services from another vessel belonging wholly or in part to the same Owners or under the same management, the Assured shall have the same rights under this insurance as they would have were the over vessel entirely the property of Owners not interested in the Vessel hereby insured; but in such cases the liability for the collision or the amount payable for the services rendered shall be referred to a sole arbitrator to be agreed upon between the Underwriters and the Assured. 10 NOTICE OF CLAIM AND TENDERS 10.1 In the event of accident whereby loss or damage may result in a claim under this insurance, notice shall be given to the Underwriters prior to survey and also, if the Vessel is abroad, to the nearest Lloyd's Agent of the Company so that a surveyor may be appointed to represent the Underwriters should they so desire. 10.2 The Underwriters shall be entitled to decide the port to which the Vessel shall proceed for docking or repair (the actual additional expense of the voyage arising from compliance with the Underwriters’ requirements being refunded to the Assured) and shall have a right of veto concerning a place of repair or a repairing firm. 10.3 The Underwriters may also take tenders or may require further tenders to be taken for the repair of the Vessel. Where such a tender has been taken and a tender is accepted with the approval of the Underwriters, an allowance shall be made at the rate of 30% per annum on the insured value for time lost between the despatch of the invitations to tender required by Underwriters and the acceptance of a tender to the extent that such time is lost solely as the result of tenders having been taken and provided that the tender is accepted without delay after receipt of the Underwriters’ approval. Due credit shall be given against the allowance as above for any amounts recovered in

261

respect of fuel and stores and wages and maintenance of the Master Officers and Crew or any member thereof, including amounts allowed in general average, and for any amounts recovered from third parties in respect of damages for detention and/or loss of profit and/or running expenses, for the period covered by the tender allowance or any part hereof. Where a part of the cost of the repair of damage other than a fixed deductible is not recoverable from the Underwriters the allowance shall be reduced by a similar proportion. 10.4 In the event of failure to comply with the conditions of this Clause 10 a deduction of 15% shall be made from the amount of the ascertained claim. 11 GENERAL AVERAGE AND SALVAGE 11.1 This insurance covers the Vessel’s proportion of salvage, salvage charges and/or general average, reduced in respect of any order insurance, but in case of general average sacrifice of the Vessel the Assured may recover in respect of the whole loss without first enforcing their right of contribution from other parties. 11.2 Adjustment to be according to the law and practice obtaining at the place where the adventure ends, as if the contract of affreightment contained no special terms upon the subject; but where the contract of affreightment so provides the adjustment shall be according to the York-Antwerp Rules. 11.3 When the Vessel sails in ballast, not under charter, the provisions of the York-Antwerp Rules, 1974 (excluding Rules XX and XXI) shall be applicable, and the voyage for this purpose shall be deemed to continue from the port or place of departure until the arrival of the Vessel at the first port or place thereafter other than a port or place of refuge or a port or place of call for bunkering only. If at any such intermediate port or place there is an abandonment of the adventure originally contemplated the voyage shall thereupon be deemed to be terminated. 11.4 No claim under this Clause 11 shall in any case be allowed where the loss was not incurred to avoid or in connection with the avoidance of a peril insured against. 12 DEDUCTIBLE 12.1 No claim for the cost of repairs arising from perils enumerated in clauses 6.1.6, 6.2.1, 6.2.2, 6.2.3, 6.2.4, 6.2.5 shall be payable under this insurance unless the aggregate of all such claims arising out of each separate accident or occurrence (including claim under Clauses 8, 11 and 13) exceeds the amount specified in the Schedule in which case this sum shall be deducted. Nevertheless the expense of sighting the bottom after stranding, of the Vessel, with the consent of Company, immediately after her stranding, grounding, collision or contact with any external

262

object other than water if reasonably incurred specially for that purpose, shall be paid even if no damage be founds. This Clause 12.1 shall not apply to a claim for total or constructive total loss of the Vessel or, in the event of such a claim, to any associated claim under Clause 13 arising from the same accident or occurrence. 12.2 Claims for damage by heavy weather occurring during a single sea passage between two successive ports shall be treated as being due to one accident. In the case of such heavy weather extending over a period not wholly covered by this insurance the deductible to be applied to the claim recoverable hereunder shall be the proportion of the above deductible that the number of days of such heavy weather falling within the period of this insurance bears to the number of days of heavy weather the single sea passage. The expression ”heavy weather” in Clauses 12.2 shall be deemed to include contact with floating ice. 12.3 Excluding any interest comprised therein, recoveries against any claim which is subject to the above deductible shall be credited to the Underwriters in full to the extent of the sum by which the aggregate of the claim unreduced by any recoveries exceeds the above deductible. 12.4 Interest comprised in recoveries shall be apportioned between the Assured and the Underwriters, taking into account the sums paid by the Underwriters and the dates when such payments were made, notwithstanding that by the addition of interest the Underwriters may receive a larger sum than they have paid. 13 DUTY OF ASSURED (SUE AND LABOUR) 13.1 In case of any loss or misfortune it is the duty of the Assured and their servants and agents to take such measures as may be reasonable for the purpose of averting or minimizing a loss which would be recoverable under this insurance. 13.2 Subject to the provisions below and to Clause 12 the Underwriters will contribute to charges properly and reasonably incurred by the Assured their servants or agents for such measures. General average, salvage charges (except as provided for in Clause 13.5) and collision defence or attack costs are not recoverable under this Clause 13. 13.3 Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party. 13.4 When expenses are incurred pursuant to this Clause 13 the liability under this insurance shall not exceed the proportion of such expenses that the amount insured hereunder bears to the value of the Vessel as stated herein, or to the sound value of the Vessel at the time of the occurrence giving rise to the expenditure if the sound value exceeds that value. Where the Underwriters have admitted a claim for total loss and property insured by this insurance is saved, the foregoing provisions shall not apply

263

unless the expenses of suing and labouring exceed the value of such property saved and then shall apply only to the amount of the expenses which is in excess of such value. 13.5 When a claim for total loss of the Vessel is admitted under this insurance and expenses have been reasonably incurred in saving or attempting to save the Vessel and other property and there are no proceeds, or the expenses exceed the proceeds, then this insurance shall bear its pro rata share of such proportion of the expenses, or of the expenses in excess of the proceeds, as the case may be, as may reasonably be regarded as having been incurred in respect of the Vessel; but if the Vessel be insured for less than its sound value at the time of the occurrence giving rise to the expenditure, the amount recoverable under this clause shall be reduced in proportion to the under-insurance. 13.6 The sum recoverable under this Clause 13 shall be in additional to the loss otherwise recoverable under this insurance but shall in no circumstances exceed the amount insured under this insurance in respect of the Vessel. 14 NEW FOR OLD Claims payable without deduction new for old. 15 BOTTOM TREATMINT In no case shall a claim be allowed in respect of scraping gritblasting and/or other surface preparation or painting of the Vessel’s bottom except that 15.1 gritblasling and/or other surface preparation of new bottom plates ashore and supplying and applying any “shop” primer thereto, 15.2 grblasting and/or other surface preparation of: the butts or area of plating immediately adjacent to any renewed or refitted plating damaged during the course of welding and/or repairs, areas of plating damaged during the course of fairing, either in place or ashore, 15.3 supplying and applying the first coat of primer/anti-corrosive to those particular areas mentioned in 15.1 and 15.2 above, shall be allowed as part of the reasonable Cost of repairs in respect of bottom plating damaged by an insured peril. 16 WAGES AND MAINTENANCE No claim shall be allowed, other than in general average, for wages and maintenance of the Master, Officers and Crew, or any member thereof, except when incurred solely for the necessary removal of the Vessel from one port to another for the repair of damage covered by the Underwriters, or for trial trips for such repairs, and then only for such wages and maintenance as are incurred whilst the Vessel is under way.

264

17 AGENCY COMMISSION In no case shall any sum be allowed under this insurance either by way of remuneration of the Assured for time and trouble taken to obtain and supply information or documents or in respect of the commission or charges of any manager, agent, managing or agency company or the like, appointed by or on behalf of the Assured to perform such services. 18 UNREPAIRED DAMAGE 18.1 The measure of indemnity in respect of claims for unrepaired damage shall be the reasonable depreciation in the market value of the Vessel at the time this insurance terminates arising from such unrepaired damage, but not exceeding the reasonable cost of repairs. 18.2 In no case shall the Underwriters be liable for unrepaired damage in the event of a subsequent total loss (whether or not covered under this insurance) sustained during the period covered by this insurance or any extension thereof. 18.3 The Underwriters shall not be liable in respect of unrepaired damage for more than the insured value at the time this insurance terminates. 19 CONSTRUCTIVE TOTAL LOSS 19.1 In ascertaining whether the Vessel is a constructive total loss, the insured value shall be taken as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account. 19.2 No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination, only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account. 20 FREIGHT WAIVER In the event of total or constructive total loss no claim to be made by the Underwriters for freight whether notice of abandonment has been given or not. 21 DISBURSEMENTS WARRANTY 21.1 Additional insurances as follows are permitted: 21.1.1 Disbursements, Managers’ Commissions, Profits or Excess or Increased Value of Hull and Machinery. A sum not exceeding 25% of the value stated herein. 21.1.2 Freight, Chartered Freight or Anticipated Freight, insured for time. A sum not exceeding 25% of the value as stated herein less any sum insured, however described, under 21.1.1. 21.1.3 Freight or Hire, under contracts for voyage. A sum not exceeding the gross freight or hire for the current cargo passage and next succeeding cargo passage (such

265

insurance to include, if required, a preliminary and an intermediate ballast passage) plus the charges of insurance. In the case of a voyage charter where payment is made on a time basis, the sum permitted for insurance shall be calculated on the estimated duration of the voyage, subject to the limitation of two cargo passages as laid down herein. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the freight or hire is advanced or earned by the gross amount so advanced or earned. 21.1.4 Anticipated Freight if the Vessel sails in ballast and not under Charter. A sum not exceeding the anticipated gross freight on next cargo passage, such sum to be reasonably estimated on the basis of the current rate of freight at time of insurance plus the charges of insurance. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured. 21.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not exceeding 50% of the gross hire which is to be earned under the charter in a period not exceeding 18 months. Any sum insured under 21.1.2 to be taken into account and only the excess thereof may be insured, which excess shall be reduced as the hire is advanced or earned under the charter by 50% of the gross amount so advanced or earned but the sum insured need not be reduced while the total of the sums insured under 21 .1.2 and 21. 1 .5 does not exceed 50% of the gross hire still to be earned under the charter. An insurance under this Section may begin on the signing of the charter. 21.1.6 Premiums. A sum not exceeding the actual premiums of all interests insured for a period not exceeding 12 months (excluding premiums insured under the foregoing sections but including, if required, the premium or estimated calls on any Club or War etc. Risk insurance) reducing pro rata monthly. 21.1.7 Returns of Premium. A sum not exceeding the actual returns which are allowable under any insurance but which would not be recoverable thereunder in the event of a total loss of the Vessel whether by insured perils or otherwise. 21.1.8 Insurance irrespective of amount against: Any risks excluded by Clauses 23, 24, 25 and 26 below. 21.2 Warranted that no insurance on any interests enumerated in the foregoing 21.1.1 to 21.1.7 in excess of the amounts permitted therein and no other insurance which includes total loss of the Vessel P.P.I., F.I.A., or subject to any other like term, is or shall be effected to operate during the currency of this insurance by or for account of the Assured, Owners, Managers or Mortgagees. Provided always that a breach of this warranty shall not afford the Underwriters any defence to a claim by a Mortgagee who has accepted this insurance without knowledge of such breach. 22 RETURNS FOR LAY UP AND CANCELLATION - 22.1 To return as follows: 22.1.1 Pro rata monthly net for each uncommented month if this insurance be cancelled by agreement.

266

22.1.2 For each period of 30 consecutive days the Vessel may be laid up in a port or in a lay-up area provided such port or lay-up area is approved by the Underwriters (with special liberties as hereinafter allowed) (a) …………………….per cent net not under repair. (b) …………………….per cent net under repair. If the Vessel is under repair during part only of a period for which a return is claimable, the return shall be calculated pro rata to the number of days under (a) and (b) respectively. 22.2 PROVIDED ALWAYS THAT 22.2.1 a total loss of the Vessel, whether by insured perils or otherwise4 has not occurred during the period covered by this insurance or any extension thereof 22.2.2 in no case shall a return be allowed when the Vessel is lying in exposed or unprotected waters, or in a port or lay-up area not approved by the Underwriters but, provided the Underwriters agree that such non-approved lay-up area is deemed to be within the vicinity of the approved port or lay-up area, days during which the Vessel is laid up in such non-approved lay-up area may be added to days in the approved port or lay-up area to calculate a period of 30 consecutive days and a return shall be allowed for the proportion of such period during which the Vessel is actually laid up in the approved port or lay-up area 22.2.3 loading or discharging operations or the presence of cargo on board shall not debar returns but no return shall be allowed for any period during which the Vessel is being used for the storage of cargo or for lightering purposes 22.2.4 in the event of any amendment of the annual rate, the above rates of return shall be adjusted accordingly 22.2.5 in the event of any return recoverable under this Clause 22 being based on 30 consecutive days which fall on successive insurances effected for the same Assured, this insurance shall only be liable for an amount calculated at pro rata of the period rates 22.1.2(a) and/or (b) above for the number of days which come within the period of this insurance and to which a return is actually applicable. Such overlapping period shall run, at the option of the Assured, either from the first day on which the. Vessel is laid up or the first day of a period of 30 consecutive days as provided under 22.1.2(a) or (b), or 22.2.2 above. The following clauses shall be paramount and shall override anything contained in this insurance inconsistent therewith. 23 WAR EXCLUSION In no case shall this insurance cover loss damage liability or expense caused by 23.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or

267

any hostile act by or against a belligerent power 23.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the consequences thereof or any attempt thereat 23.3 derelict mines torpedoes bombs or other derelict weapons of war. 23.4 violent theft by persons from outside the Vessel or piracy. 24 STRIKES EXCLUSION In no case shall this insurance cover loss damage liability or expense caused by 24.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions 24.2 any terrorist or any person acting from a political motive. 25 MALICIOUS ACTS EXCLUSION In no case shall this insurance cover loss damage liability or expense arising from 25.1 the detonation of an explosive 25.2 any weapon of war and caused by any person acting maliciously or from a political motive. 26 NUCLEAR EXCLUSION In no case shall this insurance cover loss damage liability or expense arising from any weapon of war (including nuclear reactor installed in war vessel) employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. 不保事項 8.4 Provided always that this Clause 8 shall in on case extend to any sum which the Assured shall pay for or in respect of 8.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever 8.4.2 any real or personal property or thing whatsoever except other vessels or property on other vessels 8.4.3 the cargo or other property on, or the engagements of the insured Vessel 8.4.4 loss of life, personal injury or illness 8.4.5 pollution or contamination of any real or personal property or thing whatsoever (except other vessels with which the insured Vessel is in collision or properly on such other vessels). 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Institute Additional

Perils Clauses - Hulls Amended (4/2010) (For use only with the

268

Institute Time Clauses - Hulls 1/10/83 Amended for Japanese

Clauses Class No.6) 核准日期及文號


1 In consideration of an additional premium this insurance is extended to cover 1.1 the cost of repairing or replacing 1.1.1 any boiler which bursts or shaft which breaks 1.1.2 any defective part which has caused loss or damage to the Vessel covered by Clause 6.2.2 of the Institute Time Clauses － Hulls 1/10/83 Amended for Japanese Clauses Class No.6(4/2010)

2 Except as provided in 1.1.1 and 1.1.2, nothing in these Additional Perils Clauses shall allow any claim for the cost of repairing or replacing any part found to be defective as a result of a fault or error in design or construction and which has not caused loss of or damage to the Vessel. 3 The cover provided in Clause 1 is subject to all other terms, conditions and exclusions contained in this insurance and subject to the proviso that the loss or damage has not resulted from want of due diligence by the Assured, Owners or Managers. Master Officers Crew or Pilots not to be considered Owners within the meaning of this Clause should they hold shares in the Vessel. 不保事項 Except as provided in 1.1.1 and 1.1.2, nothing in these Additional Perils Clauses shall allow any claim for the cost of repairing or replacing any part found to be defective as a result of a fault or error in design or construction and which has not caused loss of or damage to the Vessel. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Assured Clause 核准日期及文號


In respect of liability covered under this insurance, the Person effecting the insurance shall be added to the Assured(s) and such coverage shall also be given to the Person effecting the insurance accordingly. 不保事項同主保險契約

269


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Scrap Voyage Clauses 核准日期及文號


Article 1. 1. In the event of the Vessel sailing (with or without cargo) with an intention of being (a) broken up, or (b) sold for breaking up, the total sum recoverable under this insurance on hull and machinery and also including disbursement if any (hereinafter called “this insurance” subject to any express stipulation in these clauses) in respect of a claim for total loss (actual or constructive) occurring subsequent to such sailing shall in no case exceed the least of the following: (1) the price of the Vessel as being broken up stated in the contact of sale (hereinafter called “the price”), or (2) such proportion of the price as the insured amount of this insurance bears to the total sum of the insured amount of this insurance and that of any other insurance on hull and machinery and also including disbursements of the Vessel if any, or (3) the insured amount of this insurance. 2. The expenditure for the voyage may be included in the price with the consent of the Company prior to the Vessel sailing. 3. Nothing in this Article 1 shall affect claims under Clauses 8 and/or 13 of the Institute Time Clause-Hulls 1/10/83 Amended for Japanese Clauses Class No.5 (4/90) or No.6 (4/93) and Clauses 6.4.2 and/or 6.4.3 of the Institute Time Clauses-Hulls Disbursements and Increased Value (Total Loss only, including Excess Liabilities) 1/10/83 Amended for Japanese Clauses Class No.5 (4/90) or No.6 (4/90) if attached to this Policy. Article 2. In case of Article 1, the following provisions shall apply in place of Clause 19 of the Institute Time Clauses-Hulls 1 / 10/83 Amended for Japanese Clauses Class No.5 (4/90) or No.6 (4/93) and Clauses 9.1 and 9.2 of the Institute Time Clauses-Hulls Disbursements and Increased Value (Total Loss only, including Excess Liabilities) 1 / 10/83 Amended for Japanese Clauses Class No.5 (4/90) or No.6(4/90) if attached to this Policy. (1) In ascertaining whether the Vessel is a constructive total loss, the price or the insured value of this insurance on hull and machinery, whichever is the lesser shall be taken as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.

270

(2) No claim for constructive total loss based upon the reasonably necessary cost of recovery and/or repair of the Vessel as being broken up shall be recoverable hereunder unless such cost would exceed the price or the insured value of this insurance on hull and machinery, whichever is the lesser. In making this determination only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account. Article 3. In case previous notice of the Vessel sailing has been given to the Company and the limitation of the Company’s liability has been recognized a return of premium toy as arranged shall be allowed at the termination of this insurance provided that no claim arising from accident subsequent to such sailing is made under this insurance. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Termination Clause 核准日期及文號


Unless the Company agrees to the contrary in writing, this insurance shall terminate automatically at the time of any change, voluntary or otherwise, in ownership or flag, transfer to new management, or charter on a bareboat basis, or requisition for title or use of the Vessel. The Company shall return the unexpired portion of the premium already received which is calculated on a pro rata daily basis as from the day on which such termination occurred. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Fire and Pollution Hazard

Clauses (A) 核准日期及文號


271

Article 1. In the event of the Vessel suffering loss or damage as the result of the undermentioned emergency measures taken by the Japanese or foreign government authorities (hereinafter referred to as “loss of damage caused by emergency measures”), such loss or damage shall be deemed to be caused by the maritime accident which has necessitated the emergency measures and shall be indemnified subject to the terms and conditions of this insurance. Provided, however, that the cost of repairs arising from the loss or damage caused by emergency measures is recoverable only when the Company is liable to pay, under the provisions of this insurance, the cost of repairs of the damage to the Vessel caused by the maritime accident which has necessitated such emergency measures. (1) Emergency measures taken to extinguish a fire which is covered by this insurance and/or to prevent the fire from spreading and/or to save human life when it has broken out on the Vessel. (2) Emergency measures taken for the same purpose as is stipulated in paragraph (1) when the Vessel is about to catch fire in consequence of the damage to the Vessel which was caused by the maritime accident covered by this insurance (hereinafter referred to as “damage by insured perils”). (3) Emergency measures taken to prevent or to mitigate pollution, where the Vessel has suffered damage by insured perils and the oil or any other substance which has leaked or been discharged from the Vessel pollutes or threatens to pollute seas, waters, rivers, etc. Article 2. Notwithstanding the preceding Article 1, the Company shall not be liable for loss or damage caused by emergency measures in case such emergency measures have resulted from want of due diligence by the Person(s) effecting this insurance, the Assured, the Owners or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat thereof. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of these clauses should they hold shares in the Vessel. Article 3. The Company shall not be liable for the cost or expense incurred as the result of the emergency measures unless these are recoverable under the provisions of the other clauses of this insurance. Article 4. These clauses shall prevail notwithstanding anything contained in this insurance inconsistent therewith. 不保事項 Notwithstanding the preceding Article 1, the Company shall not be liable for loss or

272

damage caused by emergency measures in case such emergency measures have resulted from want of due diligence by the Person(s) effecting this insurance, the Assured, the Owners or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat thereof. Master, Officers, Crew or Pilots not to be considered Owners within the meaning of these clauses should they hold shares in the Vessel. 個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Repair Clauses 核准日期及文號


Article 1. Notwithstanding anything to the contrary contained in this insurance, it is understood and agreed that the cost of repairing damage to the Vessel caused by an insured peril shall be adjusted and settled subject to Japanese law and practice. Article 2. 1. If the Vessel sustains damage by an insured peril, the Assured shall repair the damage without delay. 2. The Company shall indemnify the Assured for the cost of repairs of such damage as referred to in the preceding paragraph after the repairs have been completed but in case the Assured fails to repair the damage without delay and repairs it later the Company shall indemnify the Assured for the cost of repairs within the limit of the estimated cost of repairs which would have been required had the repairs been made without delay. Article 3. Notwithstanding the preceding Article, if the Vessel damaged by an insured peril is sold in the unrepaired condition, the Company shall indemnify the Assured for the reasonable estimated cost of repairs within the limit of the reasonable depreciation in value of the Vessel due to the said damage, provided that the Company should have been liable to indemnify the Assured for the cost of repairs had the repairs been made. However, this Article shall not affect Clauses 18.2 and 18.3 of the Institute Time Clauses — Hulls 1/10/83 Amended for Japanese Clauses Class No.5 (4/90) or No. 6 (4/93). 不保事項同主保險契約個人保險商品預定費用率不適用

273

短期費率表或保費退費係數表

請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Disbursements Warranty

Clause (A) 核准日期及文號


It is understood and agreed that this insurance is subject to the following conditions and the failure to comply therewith shall render this Company not liable to pay for any loss or damage occurring thereafter: — There shall be no insurance that may be taken out with the object of covering interest of the owner or charterer- by-demise of the Vessel, irrespective of whether it be Disbursements, Profits, Increased value or otherwise and also irrespective of whosoever the Assured may be, except for the insurance on freight or charter money for voyage for the amount actually at risk. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Laid Up Return Clauses

(Hulls) 核准日期及文號


Article 1. In the case of insurance effected for a period of one year, if the Vessel is laid up for a period of 30 or more consecutive days during the insured period, the Company shall return the premium specified in the succeeding Article after natural expiry of the insurance, provided that no actual total loss or constructive total loss of the Vessel (irrespective of whether resulting from any of the Accidents or not) has occurred during the insured period. Article 2. The return premium shall be as arranged for each period of 30 consecutive days separately (any fraction of 30 days shall be ignored). Article 3.

274

In asking for a return of premium under the preceding two Articles the Assured shall, prior to laying-up the Vessel, give notice of the fact to the Company in writing and obtain the Company’s approval to the laying-up location and mooring arrangements. Article 4. At the termination of laying-up, the Assured shall, within reasonable delay, give notice of the fact to the Company in writing with the certificates by the authorities and/or necessary documents. Article 5. No premium return, under preceding Articles 1 and 2 above, shall be made in the event of failure by the Assured to comply with the whole or a part of any condition in the laying-up endorsement, except when the Company’s agreement has been obtained. Article 6. Provided always that (1) The term “laying-up” refers the condition that the Vessel is not navigating, that is, laying-up on a slipway or in a drydock, mooring, or anchoring etc. for repair (irrespective of whether resulting from any of the Accident or not ; hereinafter to be so interpreted), reconstruction, or inspection. (2) The term “laying-up endorsements” refers the endorsements issued by the Company in accordance with the preceding Article 3. (3) The term “period not to return premium” refers; a. period of repair or reconstruction, but excluding the period under repair due to wear and tear and/or to recommendation by the classification society of the Vessel. b. period of laying-up in the non-approved area. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Rights and Duties on the

Vessel Clauses 核准日期及文號


Article 1. The Assured may not make a claim for total loss by way of abandonment of the Vessel to the Company under this insurance.

275

Article 2. When the Vessel becomes a total loss and the Company indemnifies therefor, the Company shall be entitled to chose whether or not to acquire the proprietary right of the Vessel. Article 3. In case that the Company does not acquire the proprietary right of the Vessel in accordance with the preceding Article, the Company shall so inform the Assured before making the payment of indemnity. Article 4. In case that the Company acquires the proprietary right of the Vessel in accordance with Article 2 above, the Company shall, by the payment of total loss, acquire the proprietary right of the Vessel in such proportion as the insured amount bears to the insured value. Article 5. When the Vessel becomes a total loss, the Assured or the Beneficiary must inform the Company of the following facts before they make a claim for the indemnity of total loss: (1) Existence or non-existence of any preferential right, pledge, mortgage, right of charter-by-demise, lien and any other rights existing on the Vessel which may restrict the proprietary right thereof and, if there exists any, the contents thereof. (2) Existence or non-existence of any legal liabilities attaching to the Vessel either under the public or private law or any fact that may give rise to such liabilities. Article 6. The Company may withhold the payment of indemnity until the information is provided by the Assured or the Beneficiary in accordance with the preceding Article. Article 7. Even after the Company has acquired the proprietary right of the Vessel in accordance with Article 2 above, any sum of money necessary to satisfy or extinguish the rights enumerated in item (1) of Article 5 above, or, to discharge the liabilities stipulated in item (2) of Article 5 above, shall be borne by the Assured or the Beneficiary. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

276

商品名稱：TOKIO MARINE NEWA INSURANCE Right of Claim for

Compensation against a Third Party Clause 核准日期及文號


If, in case where loss has been caused by the perils insured against, the Assured has acquired a right of claim for compensation against a third party and the Company has indemnified the Assured for the loss, the Company shall acquire such right, to the extent of the amount paid and in so far as the right of the Assured is not prejudiced. 不保事項同主保險契約個人保險商品預定費用率不適用短期費率表或保費退費係數表

請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Electronic Date

Recognition Special Clause 核准日期及文號


Article 1, Electronic Date Recognition Problem of Electronic Devices or Components means the phenomenon that electronic devices or components (including hardware, integrated circuits, chips, software, operating systems, programmess data, whether or not on board the insured vessel), due to being unable to recognize correctly, year, month, date or time, cease to function or do not function properly. Article 2. 1. The Company does not cover any loss, damage, liability or expense, directly or indirectly caused by or in any way in consequence of the defect(s) in respect of Electronic Date Recognition Problem of Electronic Devices or Components, owned, leased or managed by the Person effecting the insurance, the Assured or the Manager of the insured vessel. 2. The Company does not cover any loss, damage, liability or expense, directly or indirectly caused by or in any way in consequence of any implemented or attempted measures taken in order to modify or recognize the defect(s), (whether or not they actually exist) in respect of Electronic Date Recognition Problem of Electronic Devices or Components owned, leased or managed by the Person effecting the

277

insurance, the Assured or the Manager of the insured vessel. Article 3 1. Notwithstanding Article 2, the Company covers, subject to all other terms and conditions as specified in the Policy, loss, damage, liability or expense, which, the Assured can demonstrate, falls under one of the following conditions: (1) loss, damage, liability, or expense has resulted, despite the fact that the Person effecting the insurance or the Assured, in order to correct the defect(s) of Electronic Date Recognition Problem of Electronic Devices or Components, had already taken the necessary or useful steps, with due diligence, in accordance with the measures or the procedures instructed by the manufacturer(s) of the electronic devices or components, or professional experts who have special knowledge of the manufacturing of those devices and components. OR (2) loss, damage, liability, or expense has resulted at a time when the Person effecting the insurance or the Assured, in order to correct the defect(s) of Electronic Date Recognition Problem of Electronic Devices or Components, had been taking the necessary or useful steps, with due diligence, in accordance with the measures or the procedures instructed by the manufacturer(s) of electronic devices or components, or professional experts who have special knowledge of the manufacturing of those devices and components. 2. Notwithstanding the preceding paragraph of this Article, the Company, in no circumstances, shall cover expense or loss of earnings in order to correct or recognize the following: (1) defect(s) itself(themselves) in respect of Electronic Date Recognition Problem of Electronic Devices or Components (2) failure or malfunction of electronic devices or components caused by, directly or indirectly, defect(s) in respect of Electronic Date Recognition Problem of Electronic Devices or Components (3) loss of or damage to software, operating systems, programs or data caused by, directly or indirectly, the defect(s) in respect of Electronic Date Recognition Problem of Electronic Devices or Components. 不保事項 Article 2. 1. The Company does not cover any loss, damage, liability or expense, directly or indirectly caused by or in any way in consequence of the defect(s) in respect of Electronic Date Recognition Problem of Electronic Devices or Components, owned, leased or managed by the Person effecting the insurance, the Assured or the Manager of the insured vessel. 2. The Company does not cover any loss, damage, liability or expense, directly or indirectly caused by or in any way in consequence of any implemented or attempted measures taken in order to modify or recognize the defect(s), (whether or not they

278

actually exist) in respect of Electronic Date Recognition Problem of Electronic Devices or Components owned, leased or managed by the Person effecting the insurance, the Assured or the Manager of the insured vessel. 個人保險商品預定費用率


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Consumption Tax Clause 核准日期及文號


In case where the Underwriters indemnify the Assured for loss or damage under this Policy, the Underwriters shall not pay the sums of consumption tax. However, the preceding provision shall not be applied in case where one of the following facts exists and the Assured (including the claimant based upon this Policy, hereinafter to be so interpreted.) submits documents certifying it. (1) The Assured is a tax—exempt business operator or a business operator whom the simplified tax system applies to. (2) The Assured is an individual and not a taxable business operator. (3) The Assured is not able to apply for the whole or a part of the sums of deductible tax on purchases due to any reasons. (4) The Assured becomes liable for the sums of consumption tax. 不保事項 Article 2. 1. The Company does not cover any loss, damage, liability or expense, directly or indirectly caused by or in any way in consequence of the defect(s) in respect of Electronic Date Recognition Problem of Electronic Devices or Components, owned, leased or managed by the Person effecting the insurance, the Assured or the Manager of the insured vessel. 2. The Company does not cover any loss, damage, liability or expense, directly or indirectly caused by or in any way in consequence of any implemented or attempted measures taken in order to modify or recognize the defect(s), (whether or not they actually exist) in respect of Electronic Date Recognition Problem of Electronic Devices or Components owned, leased or managed by the Person effecting the insurance, the Assured or the Manager of the insured vessel. 個人保險商品預定費用率


請洽本公司

279

商品名稱：TOKIO MARINE NEWA INSURANCE Lien Clauses 核准日期及文號


Article 1. These clauses shall be applied in case where the Company becomes liable to indemnify the Assured for any damage caused by reason of the Assured becoming liable (hereinafter referred as “liability damage”). Article 2, 1 In case where the Liability Damage Claimant (who is defined as the Person who has the right to demand from the Assured for liability damage. hereinafter to be so interpreted.) has lien over the right of the Assured to claim insurance proceeds against the Company (which is limited to liability damage. hereinafter to be so interpreted.) based upon the Insurance Contract Act in Japan, the Company shall pay insurance proceeds (which is limited to liability damage. hereinafter to be so interpreted.) in one of the following cases: (1) In case where the Company pays liability damage to the Assured, after the Assured paid such damage to the Liability Damage Claimant. However, the indemnity to be paid by the Company shall be limited to the amount which the Assured has paid to the Liability Damage Claimant. (2) In case where the Company pays liability damage directly to the Liability Damage Claimant in accordance with the payment order by the Assured, before the Assured pays such damage to the Liability Damage Claimant. (3) In case where the Company pays liability damage directly to the Liability Damage Claimant by reason of the Liability Damage Claimant exercising lien over the right to claim insurance proceeds, before the Assured pays such damage to the Liability Damage Claimant. (4) In case where the Company pays liability damage to the Assured based upon the agreement by the Liability Damage Claimant for the Company to do so, before the Assured pays such damage to the Liability Damage Claimant. However, the indemnity to be paid by the Company shall be limited to the amount agreed by the Liability Damage Claimant. 2 In case where the Liability Damage Claimant has lien or the same kind of special right which shall limit the right of the Assured to claim insurance proceeds against the Company based upon Foreign Laws or Treaties, the indemnity to be paid by the Company shall be subject to such laws or treaties. 不保事項同主保險契約

個人保險商品預定費用率

280


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Duty of Assured and Rights

of Insurer Clauses 核准日期及文號


Article 1. (Duty of Disclosure) The Person effecting the insurance and/or the Assured must disclose to the Company, before the insurance contract is concluded, every material circumstance which is known to the Person effecting the insurance and/or the Assured, and the Person effecting the insurance and/or the Assured is deemed to know every circumstance which, in the ordinary course of business, ought to be known by the Person effecting the insurance and/or the Assured. Every circumstance is material which would influence the judgment of the Company in fixing the insurance terms and conditions, or determining whether the Company will take the risk. Article 2. (Right of Inspection) The Company shall be entitled to inspect the Vessel at any time during the period of this insurance, and, if the Person effecting the insurance and/or the Assured refuses an inspection without any justifiable reason, the Company may cancel this insurance contract by giving notice of cancellation in writing to the Person effecting the insurance. In the event of such cancellation, the Company shall return the unexpired portion of the premium already received which is calculated on a pro rata daily basis as from the day on which such cancellation occurred, to the Person effecting the insurance. Article 3. (Right of Reduction in Value) When the value of the insured interest decreases substantially during the period of this insurance, the Company may request reduction of the insured value and/or the insured amount. In the event of such reduction in the insured value and/or the insured amount, the Company shall return the balance of the premium calculated on the basis of the existing rate and the revised rate, on a pro-rata daily basis for the unexpired period of this insurance, to the Person effecting the insurance. Article 4. (Right of Subrogation) When the Vessel becomes a total loss and the Company indemnifies therefor, the Company shall be entitled to choose whether or not to acquire the proprietary right of the Vessel.

281

不保事項同主保險契約



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Minimum Premium Clauses 核准日期及文號


Article 1. 1. Minimum Premium to apply to the policies is as below: ￥5,OOO in respect of Hull War Risks/ War LOT/ Mine Risks Policies. ￥2O,OOO in respect of other than Hull War Risks/ War LOT/ Mine Risks Policies. 2. For the purpose of calculating the Minimum Premium with respect to non Japanese Yen Policies, the following exchange rate shall be applied unless otherwise agreed by the Company: US Dollars US$1 = ￥77 Swiss Francs S.Fr.l = ￥84 Singapore Dollars S.$.1 = ￥59 Sterling Pounds SL₤l = ￥ll6 Australian Dollars A.$l = ￥77 Euro EURO1= ￥lOO Other Currencies to be decided by the Company Article 2. Notwithstanding anything to the contrary contained in this insurance; 1. The Company shall be entitled to the Full Minimum Premium in case that the policies are cancelled, terminate, cease to exist at any cause. 2. In the event that the Paid Premium is larger than the Earned Premium, and the Earned Premium is less than the Minimum Premium, the return premium for cancellation shall be the balance of the Paid Premium and the Minimum Premium. 3. In the event that the Paid Premium is less than the Minimum Premium, the balance of the Minimum Premium and the Paid Premium is payable to the Company.不保事項同主保險契約



請洽本公司

282

商品名稱：TOKIO MARINE NEWA INSURANCE Bottom Treatment Clause 核准日期及文號

101 年 10 月 15 日新安東京海上 101 字第 080017 號函備查承保範圍及不保事項

In no case shall a claim be allowed in respect of scraping gritblasting and/or other surface preparation or painting of the Vessel’s bottom except that 1.1 gritblasting and/or other surface preparation of new bottom plates ashore and supplying and applying any “shop” primer thereto, 1.2 gritblasting and/or other surface preparation of: the butts or area of plating immediately adjacent to any renewed or refitted plating damaged during the course of welding and/or repairs, areas of plating damaged during the course of fairing, either in place or ashore, 1.3 supplying and applying the first coat of primer/anti-corrosive to those particular areas mentioned in 1.1 and 1.2 above, shall be allowed as part of the reasonable cost of repairs in respect of bottom plating damaged by an insured peril. 個人保險商品預定費用率


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Bering Sea Transit

Clauses (for I.T.C. Amended) 核准日期及文號 101 年 10 月 15 日新安東京海上 101 字第 080018 號函備查承保範圍 Article I Notwithstanding the provision of the Trading Warranty contained in the Policy, it is hereby agreed that when on through voyages to or from the ports within the TRADING WARRANTIES under the Policy, the Vessel may navigate the Bering Sea provided that (1) the Vessel has on board the appropriate hydrographic charts corrected up to date, (2) the Vessel shall pass the following waters: (a) Unimak Pass (b) between Herbert Island and Yunaska Island (c) Amukta Pass (d) Amchaitka Pass (e) between Bulir Island and Agattu Island (f) between Agattu Island and Attu Island (g) west of Attu Island

283

and (3) the Vessel is equipped and properly fitted with the followings, all fully operational and manned by qualified personnel. (a) In case of passing Unimak Pass, between Buldir Island and Agattu island and west of Attu island 1) marine radar 2) a satellite navigator or Loran 3) sonic depth sounding apparatus 4) gyro compass (b) In case of passing between Herbert Island and Yunaska Island, Amukta Pass, Amuchitka Pass and between Agattu Island and Attu Island 1) marine radar 2) a satellite navigator or Lolan 3) sonic depth sounding apparatus 4) gyro compass 5) a weather facsimile recorder Article 2. In the event of a breach of whole or a part of the conditions stated in the above, the Company shall not be liable to indemnify for any loss or damage occurring thereafter, except when the Company’s written consent has been obtained. 不保事項 Article 2. In the event of a breach of whole or a part of the conditions stated in the above, the Company shall not be liable to indemnify for any loss or damage occurring thereafter, except when the Company’s written consent has been obtained. 個人保險商品預定費用率


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Premium Clauses 核准日期及文號 101 年 10 月 15 日新安東京海上 101 字第 080019 號函備查承保範圍 Article 1. (Payment of Premium) The Person effecting the insurance shall pay the premium of the Policy and/or the Endorsement(s) attaching to and forming part of the Policy (hereinafter called the Endorsement(s)) in accordance with the terms of premium payment specified in the Policy and/or the Endorsement(s). Article 2. (Partial Payment of Premium)

284

In cases where the premium(s) and/or installment premium(s) is/arc overdue, when the Person effecting the insurance pays part of the overdue premium(s) and/or installment premium(s), the Company shall be deemed to receive it in following sequence: (1) The premium or the installment premium of which due date came earlier. (2) The premium or the installment premium specified in the Schedule, if the due dates fall on the same day. Article 3. (Payment of Premium if the Vessel is lost) In the event of a total or constructive total loss of the Vessel caused by a peril insured against, the Company shall be entitled to debit the total of the unpaid premiums and/or the unpaid installment premium(s), whether overdue or not, to the Person effecting the insurance. Article 4. (Payment or Return of Premium if the insurance is cancelled due to other than Non-payment of Premium) 1. In case where the Person effecting the insurance requests change of terms and conditions of this insurance, and where the Company, in the process of’ agreement to such request, once cancels this insurance to replace it with amended terms and conditions, the Company shall debit or return the balance of the premium calculated for the expired period of this insurance and the premium already received, to the Person effecting the insurance. 2. In case where the Person effecting the insurance requests cancellation of this insurance: (1) by reason of any change, voluntary or otherwise. in the ownership or tag, transfer to new management. or charter on a bareboat basis. or requisition for title or use of the Vessel. the Company shall return the unexpired portion of the premium already received which is calculated on a pro rata daily basis as from the day on which such cancellation occurred, to the Person effecting the insurance. (2) by reason of other than the above (1). the Company shall debit or return the balance of the premium calculated for the expired period of this insurance in force subject to the following attached “Short Rate Scale” and the premium already received, to the Person effecting the insurance.

[SHORT RATE SCALE]

Expired period of insurance Percent of Annual Premium 1 month and under 20% 2 months and under 30% 3 months and under 40% 4 months and under 50% 5 months and under 60%

285

6 months and under 70% 7 months and under 80% 8 months and under 90%

Over 8 months 100% 不保事項

同主保險契約



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Excess Collision

Liability Clause (A) 核准日期及文號 101 年 10 月 15 日新安東京海上 101 字第 080020 號函備查承保範圍 Article 1. This insurance is extended to cover collision liability (four-fourths) not recoverable in full under clauses 8 and 9 of the Institute Time Clauses- Hulls 1/10/83 or 1/11/95, or the Institute Time Clauses-Hulls 1/10/83 Amended for Japanese Clauses Class No.5(4/90) or No.6(4/90) by reason of such liability exceeding the insured value on hull and machinery, in which case the amount recoverable under this clause shall be such proportion of the difference so arising as the insured amount on hull and machinery bears to the insured value thereon. The Underwriters’ liability under this clause, in respect of any one claim, shall not exceed the difference between the limit of liability as provided for in Article 3-1-(b) of Protocol of 1996 to Amend the Convention on Limitation of Liability for Maritime Claims, 1976 (hereinafter “1996 Protocol”) and the insured value of the Vessel (in case of the Japanese Law regarding Limitation of Liability of Shipowners, etc. being applied, the limitation of liability shall be provided for in the Article 7-1-(1) of the Law.). Article 2. Under the Article1 of this clause, the Underwriters’ liability in respect of any one claim, shall not exceed the difference between the limit of liability as provided for in applied law and the insured value of the Vessel, whether the Assured proceeds for limitation of liability allowed under the law or dose not. Article 3. The limitation of liability of the Vessel shall be provided in accordance with 1996 Protocol, even if the Vessel by definition does not come under 1996 Protocol. 不保事項

286

同主保險契約



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Small General Average

Clauses 核准日期及文號 101 年 10 月 15 日新安東京海上 101 字第 080021 號函備查承保範圍 Article 1. Notwithstanding Clause 11 of the Institute Time Clauses-Hulls 1/10/83, the Institute Time Clauses-Hulls 1/10/83 Amended for Japanese Clauses Class No.5(4/90) or No.6(4/93) ,where there is a loss which would be deemed as a general average loss, the Company shall be liable to indemnify the Assured for the whole of such losses (excluding commission and interest) within the limit of the amount specially agreed in the Policy, provided that the Person effecting the insurance or the Assured have waived their right of contribution from the other parties. Article 2. In cases where York-Antwerp Rules, 2004 shall be applied in respect of general average subject to contract of carriages, and irrespective of the provisions of Rule VI. (Salvage Remuneration) of the Rules, the Person effecting the insurance or the Assured pays the proportion of salvage due from other parties and do not debit that salvage to other parties, full amount of salvage ( including the proportion of salvage due from the Vessel ) shall be deemed to be included in general average under the proceeding Article 1. 不保事項同主保險契約



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Deductible Clauses (G) 核准日期及文號 101 年 10 月 15 日新安東京海上 101 字第 080022 號函備查承保範圍 Article 1. No claim for the cost of the repairs arising from perils enumerated in Clause 6 of the

287

Institute Time Clauses-Hulls 1/10/83 or 1/11/95, or the Institute Time Clauses-Hulls 1/10/83 Amended for Japanese Clause Class No.6(4/93) and perils enumerated in the Institute Additional Perils Clauses-I-lulls (for use only with the Institute Time Clauses- Hulls 1/10/83 or 1/11/95), or the Institute Additional Perils Clauses-Hulls 1110/83 Amended(4/93) (for use only with the Institute Time Clauses-Hulls 1/10/83) shall be payable under this insurance unless the aggregate, which shall be limited to the insured value of the Vessel, of all such claims arising out of each separate accident or occurrence exceeds the deductible specified in the schedule in which case this sum shall be deducted. Article 2. The expense of sighting the bottom of the Vessel, with the consent of the Underwriters, immediately after her stranding, grounding, collision or contact with any external object other than water, if reasonably incurred specially for that purpose, shall be paid even if no damage be found. Article 3. The provision of Clause 12.1 of the Institute Time Clauses-Hulls 1/10/83 or 1/11/95, or the Institute Time Clauses-Hulls 1/10/83 Amended for Japanese Clause Class No.6(4/93) shall be deleted. 不保事項 Article 1. No claim for the cost of the repairs arising from perils enumerated in Clause 6 of the Institute Time Clauses-Hulls 1/10/83 or 1/11/95, or the Institute Time Clauses-Hulls 1/10/83 Amended for Japanese Clause Class No.6(4/93) and perils enumerated in the Institute Additional Perils Clauses-I-lulls (for use only with the Institute Time Clauses- Hulls 1/10/83 or 1/11/95), or the Institute Additional Perils Clauses-Hulls 1110/83 Amended(4/93) (for use only with the Institute Time Clauses-Hulls 1/10/83) shall be payable under this insurance unless the aggregate, which shall be limited to the insured value of the Vessel, of all such claims arising out of each separate accident or occurrence exceeds the deductible specified in the schedule in which case this sum shall be deducted. 個人保險商品預定費用率


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Law and Jurisdiction

Clauses 核准日期及文號 101 年 10 月 15 日新安東京海上 101 字第 080023 號函備查

288

承保範圍 Article 1. English law and practice shall apply as to liability for and settlement of any and all insurance claims. In all other respects, including issues as to the existence and validity of this insurance, this insurance is subject to Japanese law and practice. Article 2. This insurance shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan, except as may be expressly provided herein to the contrary. 不保事項同主保險契約



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Iranian Oil Exclusion

Clause 核准日期及文號 101 年 10 月 15 日新安東京海上 101 字第 080024 號函備查承保範圍及不保事項 In the event of the Vessel being employed in a transport of crude oil, petroleum products and petrochemical products from Iran, no claim shall be recoverable under this insurance for loss, damage, liability or expense. 個人保險商品預定費用率


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE MARINE GENERAL LIABILITY

CLAUSE 核准日期及文號 102 年 01 月 04 日新安東京海上 102 字第 0006 號函備查承保範圍 COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Insuring Agreement. 1. 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

289

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: a. The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION V); and b. 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 Coverage A or B or medical expenses under Coverage C and/or other coverages endorsed to this policy and/or Supplementary Payments under Section III. 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 (SECTION III). 2. This insurance applies to "bodily injury" and "property damage" only if: a. The "bodily injury" or "property damage'' is caused by an ''occurrence" that takes place in the ''coverage territory;" and b. The ''bodily injury" or ''property damage" occurs during the policy period. 3. Damages because of ''bodily injury'' include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury." COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY Insuring Agreement. 1. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury'' or ''advertising injury'' to which this coverage part 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 injury" or "advertising injury" to which this insurance does not apply. We may at our discretion investigate any "occurrence'' or offense and settle any claim or "suit'' that may result. But: a. The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION V); and b. 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 Coverage A or B or medical expenses under Coverage C and/or Supplementary Payments under Section III. (1) 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 (SECTION III). 2. This insurance applies to: a. ''Personal injury" caused by an offense arising out of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you;

290

b. "Advertising injury" caused by an offense committed in the course of advertising your goods, products or services; but only if the offense was committed in the ''coverage territory'' during the policy period. COVERAGE C. MEDICAL PAYMENTS Insuring Agreement. 1. We will pay medical expenses as described below for "bodily injury'' caused by an accident: a. On premises you own or rent; b. On ways next to premises you own or rent; or c. Because of your operations; provided that: a. The accident takes place in the "coverage territory" and during the policy period; b. The expenses 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. 2. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: a. First aid at the time of an accident; b. Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and c. Necessary ambulance, hospital, professional nursing and funeral services. 不保事項 A. EXCLUSIONS APPLICABLE TO SECTION I, COVERAGES A AND B ONLY: Notwithstanding anything to the contrary contained in this policy, it is hereby understood and agreed that this policy is subject to the following exclusions and that this policy shall not apply to: 1. 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. 2. Contractual Liability "Bodily injury", ''property damage'', “personal injury” or “advertising injury” for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. Subject to all of this policy’s other terms, conditions and exclusions, this exclusion does not apply to liability for damages: a. That the insured would have in the absence of the contract or agreement; or b. For "bodily injury" or "property damage'' 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

291

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; (1) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same “insured contract”; and (2) 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. 3. Liquor Liability "Bodily injury'' or ''property damage" for which any insured may be held liable by reason of: a. Causing or contributing to the intoxication of any person; b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or c. 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. 4. Workers’ Compensation and Similar Laws; Any obligation of the insured under a workers’ compensation, disability benefits or unemployment compensation law, United States Longshore and Harbor Workers’ Compensation Act, Jones Act, Death on the High Seas Act, General Maritime Law, Federal Employers Liability Act, Outer Continental Shelf Lands Act, Defense Base Act, or any similar laws, statutes or liabilities. 5. Employer’s Liability a. “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. b. 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. 6. Employee Benefits Liability, expense or costs arising out of any act or omission by you, or any other person or entity for whose acts or omissions you are legally liable, in respect of your "Employee Benefits" including but not limited to: a. Giving counsel to "employees" with respect to "Employee Benefits"; b. Interpreting the "Employee Benefits"; c. Handling and keeping of records in connection with "Employee Benefits";

292

d. Effecting enrollment, termination or cancellation of "employees" under the "Employee Benefits"; e. Any dishonest, fraudulent, criminal, or malicious act or omission; f. Failure of performance of contract by an insurer; g. Lack of compliance with the terms of any contract, declaration of trust, or instrument providing "Employee Benefits"; h. Lack of compliance with any law concerning "Employee Benefits"; i. Failure to procure or maintain satisfactory and adequate insurances on "Employee Benefits" assets or property; j. Failure of stock or other securities or of any investments of whatever kind to perform as represented; k. Advice given to an "employee" to participate or not to participate in stock subscription or similar plans; and l. Any liability arising out of the Employee Retirement Income Security Act and any other similar federal, state or other statutes, rules or regulations. As used in this exclusion, the term "Employee Benefits" includes, without limitation, Group Life Insurance, Group Health and Dental Insurance, Profit-Sharing Plans, Pension Plans, Employee Stock Subscription Plans, Workers' Compensation, Unemployment Insurance, Social Security and Disability Benefits Insurance. 7. Pollution, Seepage, Contamination a. "Bodily injury", "property damage", “personal injury” or “advertising injury” which would not have occurred in whole or in part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time: (1) At or from any premises, site or location that is or was at any time owned or occupied by, or rented or loaned to, any insured; (2) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (3) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any insured or any person or organization for whom you may be legally responsible; or (4) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations: (a) If the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or (b) 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". Subparagraphs (1) and (4)(a) do not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or

293

breaks out from where it was intended to be. b. 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". However, this paragraph (7.b.) does not apply to liability for damages because of “property damage” that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or “suit” by or on behalf of a governmental authority. 8. Health Hazard a. "Bodily injury", "property damage", “personal injury” or “advertising injury” which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, absorption of, contact with, exposure to, existence of, or presence of: (1) “Asbestos”, "lead", "polychlorinated biphenyl", “silica”, "tobacco", benzene, formaldehyde, manganese, “fungi” or “microbes”, coal dust, talc, dioxin, pesticides, herbicides, “methyl tertiary-butyl ether” (MTBE); or (2) Other substances, materials, wastes or emissions, noise or environmental disturbance where you are or may be held liable for any reason including, but not limited to, as a result of the manufacture, production, extraction, sale, handling, utilization, distribution, disposal or creation by you or on your behalf of such substances, materials, wastes or emissions, noise or environmental disturbance. b. Any loss, cost or expense arising out of the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating, or disposing of, or in any way responding to or assessing the effects of substances, materials, products, wastes or emissions, noise or environmental disturbance as identified in 8.a. (1) and (2) above. 9. Nuclear a. Any liability, expense or costs for "bodily injury", ''property damage'', “personal injury” or “advertising injury”: (1) With respect to which an "insured" under this policy is also an "insured" under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the

294

"insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. b. Any Medical Payments coverage, for expenses incurred with respect of "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. c. Any Liability Coverage for "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material" if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of an "insured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "nuclear waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an "insured", or (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. As used in this exclusion only: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material," "Special nuclear material" or "by-product material;" "Source material," "special nuclear material," and "by product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel component, solid or liquid which has been used or exposed to radiation in a "nuclear reactor," "Nuclear waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility." "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel," or (3) handling, processing or packaging "nuclear waste"; (c) Any equipment or device used for the processing, fabrication or alloying of "special nuclear material" if at anytime the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located

295

consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or (d) Any structure, basin, excavation, premises or place prepared or used for the storage of disposal of "nuclear waste", and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive contamination of property. 10. Radioactive Contamination "Bodily injury" and/or "personal injury" and/or "property damage" arising directly or indirectly from: a. Ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; b. The radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; c. Any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or d. The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-paragraph does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or similar peaceful purposes. Your liability with respect to fire arising directly or indirectly from one or more of the causes detailed in sub-paragraphs a, b, or d above shall, subject to the provisions of this insurance, be covered, excluding however any liability, expense or cost caused by nuclear reaction, nuclear radiation, or radioactive contamination arising directly or indirectly from that fire. This exclusion shall be paramount and shall override anything contained in this insurance which may be inconsistent. 11. Chemical, Biological, Bio-Chemical, and Electromagnetic Liability, expense or costs directly or indirectly caused by or contributed to or arising from an actual or threatened act involving a chemical, biological, biochemical or electromagnetic weapon, device, agent or material when used in an intentionally hostile manner. 12. “Owned Watercraft” Any liability, expense or costs, contractually assumed or otherwise, for any sum(s) that you are or are alleged to be liable with respects to the ownership, use or entrustment to others of any “owned watercraft”. Use includes operation and “loading and unloading”. This exclusion applies even if the claims against any insured allege negligence or

296

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 “owned watercraft”. 13. Auto, Aircraft "Bodily injury'' or ''property damage'' arising out of the ownership, maintenance, use or entrustment to others of any aircraft or ''auto'' 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 or “auto” that is owned by or rented or loaned to any insured. This exclusion does not apply to: a. 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; b. Liability assumed under any ''insured contract'' for the ownership, maintenance or use of aircraft; c. "Bodily injury'' or "property damage'' arising out of: (1) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of “mobile equipment” if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (2) The operation of any of the equipment listed in paragraph f. 2. or f. 3. of the definition of "mobile equipment'' (Section VIII, Definition 20.); or d. Non-owned aircraft or "autos" that are handled by you as a stevedore as cargo, including the operation of non-owned "autos" during "loading or unloading". 14. War and Terrorism Liability Exclusion “Bodily injury”, “property damage”, “personal injury” or “advertising injury”, however caused, arising, directly or indirectly, out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; c. Insurrection, rebellion, revolution, usurped power, or action taken by government authority in hindering or defending against any of these; or d. (1) Any liability for, or any loss, damage, injury or expense caused by, resulting from or incurred by “terrorism”; and/or (2) Any cost or expense the Insured or others directly or indirectly incur with respect to the steps taken to prevent, suppress, control or reduce the consequences of any actual, attempted, anticipated, threatened, suspected or perceived “terrorism”.

297

15. Mobile Equipment "Bodily injury" or "property damage" arising out of: a. The transportation of "mobile equipment'' by an "auto" owned or operated by or rented or loaned to any insured; or b. The use of "mobile equipment'' in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. 16. Damage to Property "Property damage" to: a. 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; b. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; c. Property loaned to you; d. Property in the care, custody or control of the insured; e. That particular part of real property on which you or any independent contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage'' arises out of those operations; or f. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs c., d., e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". 17. Damage to Your Product ''Property damage" to "your product" arising out of it or any part of it. 18. Damage to Your Work "Property damage" to ''your work" arising out of it or any part of it and included in the "products-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. 19. 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: a. A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work;" or b. 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

298

and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 20. 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: a. "Your product"; b. ''Your work''; or c. "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. 21. Divers "Bodily injury" (contractually assumed or otherwise) to any/all diver(s) that resulted from or occurred from or during “diving operations”. 22. Failure to Perform Any liability resulting from the failure of "your products" and/or "your work" to meet any predetermined level of fitness or performance and/or guarantee of such fitness or level of performance and/or any consequential loss arising therefrom. 23. Employment Practices "Bodily injury" and/or "personal injury" and/or "advertising injury" arising out of any: a. Refusal to employ; b. Termination of employment; c. Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; d. Coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination; or e. Consequential "bodily injury" as a result of a. through d. above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to repay someone else who must pay damages because of the injury. 24. Director's and Officer's a. Actual or alleged liability arising out of your capacity, duty or responsibility as an Officer, Director or Trustee of a corporation by reason of any breach of fiduciary duty or improper conduct or conflict of interest in the performance of your duties, responsibilities or accountability as an Officer, Director or Trustee, including, without limitation, any actual or alleged misstatement, mis¬leading statement, gain of personal profit or advantage to which you were or are not entitled legally, any dishonest act, or bad faith conduct, in your capacity as an Officer, Director or Trustee, or with respect to the capital or assets of the Corporation, or any action taken beyond the scope of your authority as an Officer, Director or Trustee; or

299

b. Actual or alleged liability of any Officer, Director or Trustee arising out of or asserted in a shareholder's deriva¬tive action; or c. Actual or alleged liability which would be payable under the terms of coverage of a Directors and Officers Liability Insurance Policy or a Directors and Company Reimbursement Indemnity Policy of the type issued by stock insurance companies of the United States, as if you had obtained such coverage in an amount sufficient to pay the full amount being claimed against you, whether or not you have obtained such coverage; or d. “Property damage”, “bodily injury”, "personal injury" or "advertising injury" claims, "suits" or proceedings for, based upon, arising from, attributable to, related to, or in any way connected with, in whole or part, directly or indirectly: (1) Any actual or alleged violation of the Securities Act of 1933 as amended, or the Securities Exchange Act of 1934 as amended, or any state blue sky or Canadian securities law. (2) Any similar state blue sky, federal or Canadian statutes regulating securities similar to the foregoing, or as they may be amended, any rules or regulations adopted pursuant thereto, or any other state blue sky or Canadian laws or common laws relating to securities; or e. Actual or alleged liability arising out of or incidental to any alleged violation(s) of any federal or state law regulating, controlling and governing antitrust or the pro¬hibition of monopolies, activities in restraint of trade, unfair methods of competition or deceptive acts and practices in trade and commerce including, without limitation, the Sherman Act, the Clayton Act, the Robinson-Patman Act, the Federal Trade Commission Act and the Hart-Scott Rodino Anti¬trust Improvements Act; or f. Actual or alleged liability arising out of or contributed to by the insured's dishonesty or infidelity. 25. Professional Liability a. This insurance does not apply to "bodily injury", "property damage", "personal injury” or “advertising injury" arising out of or allegedly arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural, watercraft brokering, inspection or surveying services to others in your capacity as an engineer, architect, watercraft broker, inspector or surveyor and/or performance of any claim, investigation, adjustment, inspection, appraisal, survey or audit services; and/or (2) Providing, or hiring independent professionals to: (a) Provide engineering, architectural, watercraft brokering, inspection or surveying services in connection with construction work you perform; or (b) Perform any claim, investigation, adjustment, inspection, appraisal, survey or audit services. b. Subject to Paragraph c. below, professional services include: (1) (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings,

300

opinions, reports, surveys, inspections, field orders, change orders, or drawings and specifications, and/or claim investigation reports, adjustments, inspections, appraisals, surveys or audits; and/or (b) Hiring and/or re-hiring or charter brokerage of watercraft for or on behalf of others. (2) Supervisory or inspection activities performed as part of any related architectural or engineering activities. c. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor, provided you are designated as such under item 3, Description of Operations, in the Declarations of this policy. 26. False Advertising, Willful Intent, Unauthorized Use "Personal injury" or ''advertising injury" arising out of: a. Oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; b. Oral or written publication of material whose first publication took place before the beginning of the policy period; c. The willful violation of a penal statute or ordinance committed by or with the consent of the insured; or d. 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. 27. Breach of Contract, Failure to Conform, Wrong Description “Personal Injury” and "Advertising injury" arising out of: a. Breach of contract, except an implied contract to use another’s advertising idea in your advertisement; b. The failure of goods, products or services to conform with advertised quality or performance; c. The wrong description of the price of goods, products or services; or d. An offense committed by an insured whose business is advertising, broadcasting, publishing or telecasting. 28. U.S. Economic and Trade Sanctions Clause Whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanctions such as, but not limited to, those sanctions administered and enforced by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), such coverage shall be null and void. Similarly, any coverage relating to or referred to in any certificates or other evidences of insurance or any claim that would be in violation of U. S. economic or trade sanctions as described above shall also be null and void. 29. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.

301

As used in this exclusion, 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. 30. Infidelity and/or Dishonesty Any claim(s) of an “insured” whose infidelity, dishonesty and/or fraud caused the loss for which that “insured” seeks indemnity, whether committed individually or in collusion with others, and whether or not such act(s) be committed during regular business hours. 31. Fines, Penalties, Punitive Damages Fines, penalties, bad faith damages, punitive or exemplary damages, including treble damages or any other damages resulting from multiplication of compensatory damages. Except with respects to exclusions 1, 2, 9, 10 and 14, Section II.A. does 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 V – Limits of Insurance. B. EXCLUSIONS APPLICABLE TO SECTION I, COVERAGE C ONLY: We will not pay expenses for "bodily injury”: 1. Any Insured To any insured. 2. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. 3. Injury on Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. 4. Workers Compensation and Similar Laws 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 any similar law or under the doctrine of maintenance and cure. 5. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. 6. Products-Completed Operations Hazard Included within the ''products-completed operations hazard.'' 7. Section II.A. Exclusions Excluded under Section II.A. of this policy.

302



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE MISC PROPERTY AND INLAND

MARINE INSURANCE CLAUSE 核准日期及文號 102 年 01 月 04 日新安東京海上 102 字第 0007 號函備查承保範圍一、承保之財產本附加保險承保被保險人於貨物運輸過程中有關之下列財產: 1. 建築物 a. 包含增建部份 b. 設備、機器及其他在承保建築物上的永久附著物 c. 戶外設施 d. 用以維持和服務承保的建築物的動產 e. 無其他保險承保： a. 建築物和附加物正在建造、裝修和維修； b. 材料、配備、物資和暫時性構造在或包含在 1,000 呎內的「承保地

點」，用以建造、裝修和維修建築物或附加物。 f. 建物玻璃 g. 以下的財產位在或包含在承保建築的 1000 呎內： a. 廣播及電視塔、天線、衛星天線、天線杆、導入線和拉線。 b. 遮篷、頂蓬 c. 圍籬 h. 標誌(不論是否連接到承保建築物) 2. 公司動產 a. 承租者的修復、裝修、安裝或其他 b. 需投保的租賃動產 c. 藉由提供勞力、材料和服務給他人的動產所產生之利得 d. 電腦(如果沒有被其他保單承保) e. 動產即將成為設備 f. 行動通訊設備 g. 動產和其他二、費用附加承保範圍附加承保被保險人於貨物運輸過程中所必須之下列費用: 1. 殘餘物清除 2. 緊急清除 3. 消防費用支出

303

4. 污染物清除 5. 防火設備復原支出三、動產附加承保範圍 1. 縱火資訊賞金 2. 品牌和商標移除費用 3. 間接損失 4. 建築物的地基、樁基、和地下管線 5. 庫存評估上的花費 6. 新建築物 7. 法令 a. 法令的執行造成的損失 b. 修繕、重建增加的費用 c. 破壞和清除未損毀部分的費用 8. 個人財產 9. 新增地點下的動產 10. 各類植物的清除費，且發生在以下情形： a. 火災 b. 閃電 c. 爆炸 d. 暴動、民眾騷擾 e. 掉落物四、附加海上承保範圍 1. 應收帳款 2. 藝術品 3. 展覽中的財產 4. 運輸中的財產 5. 銷售代理樣品 6. 資訊調查費用五、涵蓋危險除列項目外的所有外在危險六、其他承保範圍 1. 建築物倒塌造成的直接損失 a. 商業產能計畫中的特定危險 b. 隱藏的腐朽 c. 隱藏的蟲害 d. 人體或動產的載重 e. 屋頂與水的載重

304

f. 使用有缺陷的材料或施工方法，且崩塌發生在建設的過程中 2. 因以下造成之損害，建築物需要修繕(清理和替換) a. 任何因水所造成之損失 b. 其他液體 c. 粉末 d. 易融物質不保事項一、除外不保之動產 1. 空運及水運之財產 2. 飛機和船隻 3. 牲畜 4. 汽車和各式車輛 5. 禁運品 6. 農作物 7. 進口和出口貨物 8. 土地、水或挖掘費用 9. 貨幣和證券 10. 已保特定保險的財產 11. 他人的財產 12. 已售的財產二、除外危險 1. 除列下列事故所致之損失會費用 a. 因法令要求使用、建造、維修、拆除 b. 地震或火山爆發 c. 政府公權力(扣押、徵收等) d. 核子污染 e. 水電或其他效能停擺造成的損失 f. 戰爭 g. 任何因水所致之損失 2. 亦除外下列損失或費用 a. 牲畜 b. 崩塌 c. 污染 d. 犯罪行為 e. 缺失、錯誤或疏漏 f. 電流 g. 蒸氣設施爆炸 h. 液體結凍 i. 增加的危險 j. 使用中的損失

305

k. 機械故障 l. 疏忽 m. 污染物 n. 滲漏 o. 管線的熱脹冷縮 p. 煙燻 q. 溫度/溼度 r. 因不法行為自願放棄權利 s. 磨損 t. 氣候三、除列或受限制的附加財產 1. 應收帳款 a. 會計上的錯誤、疏忽 b. 帳目不一致所需要的查帳動作 2. 牲畜 3. 蒸氣鍋爐 4. 皮製品偷竊(或超過$10,000 的部份) 5. 玻璃及易碎品 6. 水溝和雨水管 7. 建築物內部 8. 貴重物品(超過$10,000 的部份) 9. 遺失的財產 10. 戶外的動產 11. 印章、票券和(或)信用狀(超過$5,000 的部份) 12. 移轉後的財產 13. 重要文件個人保險商品預定費用率


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE SANCTION CLAUSE 核准日期及文號 102 年 01 月 04 日新安東京海上 102 字第 0008 號函備查承保範圍及不保事項 This policy does not provide any insurance coverage nor provide any benefit hereunder to the extent that the provision of such insurance coverage and/or the provision of such benefit would expose the insurer to any applicable sanction laws. This policy does also not provide any insurance coverage or other benefits, if and to the extent there is no reinsurance coverage due to economic or trade sanction law or

306

regulations of the EU/EEA. 個人保險商品預定費用率


請洽本公司

4-1 & 4-2 水險 · 2013-06-28 · 商品名稱：tokio marine newa insurance warranty for...

Documents