公众责任保险（1994版）条款
Public Liability Insurance (1994 Version) Clause
1. Scope of cover
Within the period of insurance and the scope set forth in the schedule of this insurance policy, if any third party is suffered from bodily injury or death or property loss due to accidents happened during operation of the business of the insured within its business scope, and according to law the insured shall bear the liability for economic indemnity, the insurer shall be liable for such indemnity in accordance with the following clauses.
The insurer shall compensate for any legal cost paid by the insured due to the reasons mentioned above, as well as any other expenses of the insured agreed by the insurer in advance in written form.
The amount of indemnity for each insured event shall be subject to the amount ought to be compensated by the insured as determined by local court or relevant governmental departme
nt according to current laws. However, in no case such amount shall exceed the indemnity limit for each insured event set forth in the schedule of this insurance policy. Within the insurance period, under the clauses of this insurance policy, the maximum indemnity liability for the abovementioned economic indemnity shall not exceed the aggregate limit of indemnity set forth in the schedule of this insurance policy.
Definitions:
Accident: refers to any sudden event that is unexpected and out of control of the insurer, causing property losses or bodily injury or death.
2. Exclusions
The insurer shall not bear the following liabilities for indemnity:
Contractual liabilities that shall be borne by the insured, except for the liability of economic indemnity that shall still be borne by the insured without the contract;
Any liabilities for the bodily injury or death or property loss suffered by any person serving the insured;
Any liabilities for the loss of the following properties:
Properties owned by, under the custody of or controlled by the insured or its representative or employee;
Any articles, lands, houses or buildings used and occupied by the insured or its representative or employee for business purpose.
Any liabilities for losses or injuries caused by:
Livestock, bicycle, vehicle, locomotive, vessel, airplane, elevator, lift, moving staircase, crane, hoister or other lifting devices that is owned by, occupied by the insured or used in the insured’s name but not set forth in the schedule of this insurance policy;
Fire, earthquake, explosion, flood and smoke;
Air, land, water pollution and other pollutions;
Defective sanitary installation, poisoning of any kind, or any unclean or harmful food or drink;
Medical measures or suggestions made or accepted by the insured.
Any liabilities for damages of land, properties, buildings due to quake, movement or weakening of support;
Any liabilities due to direct or indirect results of war, act similar to war, act of hostility, armed conflict, terrorist activity, rebellion or coup;
Any liabilities due to direct or indirect results of strike, riot, civil turbulence or malicious act;
Intentional act or gross negligence of the insured or its representative;
Any directly or indirect liabilities due to nuclear fission, nuclear fusion, nuclear weap
on, nuclear material, nuclear radiation and radioactive pollution;
Penalty, fine or punitive indemnity;
deductibleThe deductible that shall be borne by the insured as agreed in the schedule of the insurance policy and relevant clauses.
3. Claims settlement
In case of occurrence of any event or litigation covered under this insurance policy:
Unless agreed by the insurer in writing, the insurer shall not be bound by any commitments, offers, agreements, payments or indemnities made by the insured or its representative. If necessary, the insurer shall have the right to take over the debates or claims of any litigation in the name of the insured;
The insurer shall have the right to, in the name of the insured, make claims to any liable party for the benefits of the insurer at its own account. Unless agreed by the insurer in writi
ng, the insured shall not accept any payment or indemnity arrangements made by the reliable party for the relevant losses, or waive any right of claim towards such reliable party, otherwise, the so-caused consequence shall be borne by the insured;
In the process of the litigation or claim settlement, the insurer shall have the right to handle any litigation or resolve any claims on its own discretion, and the insured shall have the obligation to provide the insurer with all and any necessary materials and assistance;
The limitation period of actions of claiming for indemnity by the insured against the insurer is two years since the date when the insured know or should have known the occurrence of the insured event.