4-1 & 4-2 水險 - tmnewa.com.tw€¦ · 商品名稱：institute theft, pilferage and...

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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 .......................................15

商品名稱：FREIGHT FORWARDER’S LIABILITY INSURANCE ...............16

商品名稱：FREIGHT FORWARDER LIABILITY INSURANCE - SART

VERSION ................................................................................................21

商品名稱：新安東京海上產物遊艇意外責任保險...................................................26

商品名稱：新安東京海上產物娛樂漁業漁船意外責任保險 ...................................27

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 ...........................27

商品名稱：新安東京海上產物陸上貨物運送保險 ...................................................28

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...........................29

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...........................30

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) ............................................................................................................30

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) ............................................................................................................30

商品名稱：INSTITUTE CARGO CLAUSES (A) ....................................................31

商品名稱：TOKIO MARINE NEWA INSURANCE INSTITUTE CARGO

CLAUSES (B) .........................................................................................32

商品名稱：INSTITUTE CARGO CLAUSES (C) ....................................................34

商品名稱：INSTITUTE CARGO CLAUSES (AIR) (EXCLUDING SENDINGS

BY POST) ................................................................................................36

商品名稱： INSTITUTE CARGO CLAUSE (A) 1/1/2009 ....................................37

商品名稱：INSTITUTE CARGO CLAUSE (B) 1/1/2009 ......................................39

商品名稱： INSTITUTE CARGO CLAUSE (C) 1/1/2009 ....................................41

商品名稱：INSTITUTE CARGO CLAUSE (AIR) (EXCLUDING SENDINGS BY

POST) 1/1/2009 .......................................................................................43

商品名稱：50/50 CLAUSE .........................................................................................44

商品名稱：ACCUMULATION CLAUSE – A VERSION WORDING .....................45

商品名稱：ACCUMULATION CLAUSE– B VERSION WORDING ......................45

商品名稱：ACCUMULATION CLAUSE– C VERSION WORDING ......................45

商品名稱：ADJUSTED CLAIM CLAUSE-XX DAYS ..............................................46

商品名稱：AIRFREIGHT REPLACEMENT CLAUSE ............................................46

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商品名稱：BRANDS OR TRADEMARKS CLAUSE ...............................................46

商品名稱：BUYER’S INTEREST CLAUSE ..............................................................47

商品名稱：BUYER’S SELLER’S CONTINGENCY CLAUSE .................................48

商品名稱：CARE, CUSTODY AND CONTROL CLAUSE .....................................49

商品名稱：CARGO ISM ENDORSEMENT ..............................................................49

商品名稱：CUTTING CLAUSE ................................................................................50

商品名稱：DEFERRED UNPACKING CLAUSE ......................................................50

商品名稱：DUTY CLAUSE .......................................................................................51

商品名稱：EXCLUDING RUST, OXIDIZATION, DISCOLORATION AND

WATER DAMAGE RISK CLAUSE .......................................................51

商品名稱：EXHIBITION CLAUSE ...........................................................................52

商品名稱：EXTENDED TO COVER INSTALLATION RISKS CLAUSE ..............53

商品名稱：F.O.B. ENDORSEMENT ..........................................................................53

商品名稱：FRESH WATER CLAUSE .......................................................................54

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

SUITABLE FOR CHILLED, COOLED OR FRESH MEAT) ................54

商品名稱：HIGHWAY TRANSPORTATION CLAUSE ............................................56

商品名稱：HIGHWAY TRANSPORTATION CLAUSE (ALL RISKS) ....................57

商品名稱：IMPORTANT CLAUSE ...........................................................................58

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

FROZEN MEAT) .....................................................................................58

商品名稱：INSTITUTE CARGO CLAUSE (ALL RISKS) .......................................60

商品名稱：INSTITUTE CARGO CLAUSE (F.P.A.) .................................................64

商品名稱：INSTITUTE CARGO CLAUSE (W.A.)...................................................67

商品名稱：INSTITUTE CLASSIFICATION CLAUSE.............................................71

商品名稱：INSTITUTE DANGEROUS DRUG CLAUSE........................................72

商品名稱：INSTITUTE FOSFA TRADES CLAUSES ( C )......................................73

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

MEAT) .....................................................................................................73

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

BREAKDOWN........................................................................................75

商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION

CLAUSE ..................................................................................................78

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商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL,

BIOLOGICAL, BIO-CHEMICAL AND ELECTROMAGNETIC

WEAPONS EXCLUSION CLAUSE ......................................................78

商品名稱：INSTITUTE STRIKES CLAUSES (AIR CARGO) ................................79

商品名稱：INSTITUTE STRIKES CLAUSES (CARGO) ........................................80

商品名稱：INSTITUTE STRIKES CLSUSES (FOSFA TRADES) ...........................81

商品名稱：INSTITUTE THEFT, PILFERAGE AND NON-DELIVERY CLAUSE ..82

商品名稱：INSTITUTE WAR CANCELLATION CLAUSE (CARGO) ...................82

商品名稱：INSTITUTE WAR CLSUSES (FOSFA TRADES ) .................................82

商品名稱：INSTITUTE WAR CLAUSES (AIR CARGO) (EXCLUDING

SENDINGS BY POST) ...........................................................................83

商品名稱：INSTITUTE WAR CLAUSES (CARGO) ................................................83

商品名稱：INSTITUTE WAR CLAUSES(SENDINGS BY POST) ..........................84

商品名稱：JETTY CLAUSE ......................................................................................85

商品名稱：LABEL CLAUSE .....................................................................................85

商品名稱：LIVESTOCK & POULTRY INSURANCE CLAUSE .............................86

商品名稱：MALICIOUS DAMAGE CLAUSE ..........................................................86

商品名稱：ON DECK SHIPMENT CLAUSE ............................................................86

商品名稱：OPEN-YARD STORAGE CLAUSE ........................................................87

商品名稱：PAIR & SET CLAUSE .............................................................................87

商品名稱：PARCEL POST INSURANCE -ALL RISKS ...........................................87

商品名稱：POSSESSION AND CONTROL CLAUSE .............................................88

商品名稱：RETURNED SHIPMENT CLAUSE ........................................................89

商品名稱：SELLERS INTEREST CONTINGENCY CLAUSE .................................89

商品名稱：SMALL CLAIMS CLAUSE ....................................................................90

商品名稱：SPECIAL CLAUSE FOR CHEMICAL IN BULK (IOP) ........................90

商品名稱：SPECIAL CLAUSE FOR CHEMICAL IN BULK(EXCESS) .................91

商品名稱：SPECIAL CLAUSE FOR COMPUTER SOFTWARE ............................92

商品名稱：SPECIAL CLAUSE FOR FISHING PRODUCTS ..................................93

商品名稱：SPECIAL CLAUSES (C) FOR AIR CARGO ..........................................93

商品名稱：SPECIAL WARRANTY FOR STEEL CARGO IN BULK .......................95

商品名稱：SPECIAL WARRANTY FOR STEEL PRODUCTS (B) .........................95

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商品名稱：SUBROGATION CLAUSE ......................................................................96

商品名稱：SURVEY WARRANTY CLAUSE ...........................................................97

商品名稱：WAIVE SUBROGATION RIGHTS CLAUSE ........................................97

商品名稱：WAREHOUSE TO WAREHOUSE CLAUSE..........................................98

商品名稱：INSTITUTE REPLACEMENT CLAUSE (APPLYING TO

MACHINERY) ........................................................................................98

商品名稱：DEBRIS REMOVAL CLAUSE– A VERSION WORDING ....................99

商品名稱：DEBRIS REMOVAL CLAUSE– B VERSION WORDING ....................99

商品名稱：DEBRIS REMOVAL CLAUSE– C VERSION WORDING ....................99

商品名稱：OTHER INSURANCE ...........................................................................100

商品名稱：LETTER OF CREDIT CLAUSE ............................................................100

商品名稱：INSTITUTE COAL CLAUSES ..............................................................101

商品名稱：INSTITUTE BULK OIL CLAUSES 1/2/83 ...........................................102

商品名稱：INSTITUTE BULK OIL CLAUSES 1/2/83(DELETE 1.2.3 & 1.2.4) ...103

商品名稱： CANCELLATION CLAUSE................................................................105

商品名稱：SANCTION LIMITATION AND EXCLUSION CLAUSE ...................105

商品名稱：TOKIO MARINE NEWA INSURANCE WARRANTY FOR

REFRIGERATED CARGO ...................................................................106

商品名稱：TOKIO MARINE NEWA INSURANCE OTHER INSURANCE

CLAUSE (1) ..........................................................................................106

商品名稱：TOKIO MARINE NEWA INSURANCE TRUCK RISK CLAUSE ......107

商品名稱：新安東京海上產物貨物運送人責任保險.............................................107

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) ..108

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) ..108

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 ...........108

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) ..........................................................................................................109

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) ..109

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) ..109

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) ...... 110

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) ...... 110

商品名稱：INSTITUTE TIME CLAUSES – HULLS TOTAL LOSS ONLY

(INCLUDING SALVAGE, SALVAGE CHARGES AND SUE AND

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LABOUR) .............................................................................................. 111

商品名稱：INSTITUTE TIME CLAUSES–HULLS(BUT FREE OF ANY CLAIM

IN RESPECT OF PARTICULAR AVERAGE OF DAMAGE TO THE

VESSEL UNLESS CAUSED BY FIRE, LIGHTING, EXPLOSION,

SINKING, GROUNDING, STRANDING OR DAMAGE

RESULTING FROM COLLISION WITH ANY SHIP OR VESSEL

OR CONTACT WITH ANY FLOATING OBJECTS.) ......................... 117

商品名稱：INTERNATIONAL GAS SAFETY WARRANTY (APRIL, 1980) .......129

商品名稱：LOSS OF CHARTER HIRE INSURANCE INCLUDING WAR(ABS

1/10/83 WORDING) ..............................................................................129

商品名稱：BERING SEA TRANSIT CLAUSE .....................................................132

商品名稱：ELECTRONIC DATE RECOGNITION ENDORSEMENT FOR

MARINE HULL 11/08/98 .....................................................................133

商品名稱：INSTITUTE NOTICE OF CANCELLATION, AUTOMATIC

TERMINATION OF COVER AND WAR AND NUCLEAR

EXCLUSIONS CLAUSE – HULLS, ETC. ...........................................134

商品名稱：MARINE TERMINAL OPERATOR’S LIABILITY INSURANCE

STEVEDORES LEGAL LIABILITY/PREMISES LIABILITY ..........136

商品名稱：PILOT NON-LIABILITY CLAUSE ......................................................143

商品名稱：AFFILIATED COMPANIES CLAUSE..................................................143

商品名稱：BLOCKING AND TRAPPING CLAUSE (HULL) ...............................144

商品名稱：BLOCKING AND TRAPPING CLAUSE (WAR) .................................145

商品名稱：CLAIM CONTROL CLAUSE ...............................................................145

商品名稱：CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999

EXCLUSION CLAUSE ........................................................................146

商品名稱：DEFERRED PREMIUMS CLAUSE .....................................................146

商品名稱：GENERAL AVERAGE ABSORPTION CLAUSE ................................147

商品名稱：INSTITUTE ADDITIONAL PERILS CLAUSES － HULL ...............147

商品名稱：INSTITUTE CLAUSES FOR BUILDERS’ RISKS ...............................148

商品名稱：INSTITUTE MORTGAGEES INTEREST CLAUSES – HULLS ........159

商品名稱：INSTITUTE PROTECTION AND INDEMNITY WAR AND STRIKES

CLAUSES HULL － TIME ................................................................163

商品名稱：INSTITUTE TIME CLAUSES – HULLS DISBURSEMENTS AND

INCREASED VALUE ...........................................................................164

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商品名稱：INSTITUTE TIME CLAUSES HULLS .................................................169

商品名稱：INSTITUTE TIME CLAUSES HULLS ..................................................179

商品名稱：INSTITUTE TIME CLAUSES HULLS PORT RISKS INCLUDING

LIMITED NAVIGATION ......................................................................190

商品名稱：INSTITUTE TIME CLAUSES-HULLS TOTAL LOSS, GA AND 3/4

RDC. (INCLUDING SALVAGE,S/C,S/L) 1/10/83 ...............................202

商品名稱：INSTITUTE WAR AND STRIKES CLAUSES-HULL － TIME .......203

商品名稱：INSTITUTE WARRANTIES .................................................................204

商品名稱：LEASED EQUIPMENT CLAUSE .........................................................205

商品名稱：LONDON BLOCKING AND TRAPPING ADDENDUM (FOR USE

WITH THE INSTITUTE WAR AND STRIKES CLAUSES – HULLS

1/10/83) ..................................................................................................205

商品名稱：LOSS PAYABLE CLAUSE .....................................................................206

商品名稱：MISSING VESSEL CLAUSE ................................................................207

商品名稱：NAVIGATION LIMITATIONS FOR HULL WAR, STRIKES,

TERRORISM AND RELATED PERILS ENDORSEMENT

(JW2005/001A)......................................................................................207

商品名稱：PART(S) REMOVED CLAUSE .............................................................208

商品名稱：RADIO AND AIDS TO NAVIGATION CLAUSE ................................208

商品名稱：SMALL G.A. CLAUSE ..........................................................................209

商品名稱：新安東京海上產物漁船船舶保險 .........................................................209

商品名稱：新安東京海上產物商業動產流動綜合保險.........................................210

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........................................................................ 211

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) ..................................................................................................212

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) ..................................................................................................213

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.................213

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

................................................................................................................213

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.....213

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）.214

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.........214

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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.........214

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 ...........215

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 .................215

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） .215

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 .........215

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 .........216

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........................................................................................................216

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) .....................................................................................................216

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）................................................................................................217

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 .........217

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 .........217

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 .........218

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 .........218

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............................................................................................................218

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.................219

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........................................................................219

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.................219

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.....220

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.....220

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.................220

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) ......................................................................................................220

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) ..........................................................................................................221

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

................................................................................................................221

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.....221

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

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（TMNEWA INSURANCE SPECIAL INCLUSION） .......................222

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) ...........................222

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....................................................................................................222

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.223

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) .....................................................223

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) .............................................................223

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) ......224

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) .................................................................................224

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) .................................................................................224

商品名稱：新安東京海上產物商業動產流動綜合保險單獨污損擦損除外不保附

加條款....................................................................................................225

商品名稱：新安東京海上產物商業動產流動綜合保險管球類單獨損害除外不保

附加條款................................................................................................225

商品名稱：新安東京海上產物商業動產流動綜合保險冷凍冷藏物附加條款.....225

商品名稱：新安東京海上產物商業動產流動綜合保險電氣性機械性事故附加條

款............................................................................................................226

商品名稱：新安東京海上產物商業動產流動綜合保險修理、拆卸、定位及組裝

等危險附加條款....................................................................................226

商品名稱：新安東京海上產物商業動產流動綜合保險未送達危險附加條款.....226

商品名稱：新安東京海上產物商業動產流動綜合保險修理額外費用附加條款.227

商品名稱：新安東京海上產物商業動產流動綜合保險空運費附加條款.............227

商品名稱：新安東京海上產物商業動產流動綜合保險商品及庫存品附加條款.228

商品名稱：新安東京海上產物商業動產流動綜合保險商品及庫存品保險費結算

附加條款................................................................................................229

商品名稱：新安東京海上產物商業動產流動綜合保險寄託或寄售財物附加條款

................................................................................................................229

商品名稱：新安東京海上產物商業動產流動綜合保險保險標的物敘述附加條款

................................................................................................................229

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商品名稱：新安東京海上產物商業動產流動綜合保險建築物外部設備附加條款

................................................................................................................230

商品名稱：新安東京海上產物商業動產流動綜合保險擴大承保處所附加條款.230

商品名稱：新安東京海上產物商業動產流動綜合保險暫時外移附加條款.........231

商品名稱：新安東京海上產物商業動產流動綜合保險內部遷移附加條款.........231

商品名稱：新安東京海上產物商業動產流動綜合保險公權力附加條款.............231

商品名稱：新安東京海上產物商業動產流動綜合保險改建與修復附加條款.....232

商品名稱：新安東京海上產物商業動產流動綜合保險理賠準備費用附加條款.233

商品名稱：新安東京海上產物商業動產流動綜合保險趕工費用附加條款.........233

商品名稱：新安東京海上產物商業動產流動綜合保險小額賠款附加條款.........233

商品名稱：新安東京海上產物商業動產流動綜合保險無控制權附加條款.........234

商品名稱：新安東京海上產物商業動產流動綜合保險其他動產附加條款.........234

商品名稱：新安東京海上產物商業動產流動綜合保險溫度控制系統損壞附加條

款............................................................................................................235

商品名稱：新安東京海上產物商業動產流動綜合保險 80%共保附加條款 ........235

商品名稱：新安東京海上產物商業動產流動綜合保險新取得財產附加條款.....235

商品名稱：新安東京海上產物商業動產流動綜合保險存貨擴大附加條款.........236

商品名稱：新安東京海上產物商業動產流動綜合保險特殊分類附加條款.........236

商品名稱：新安東京海上產物商業動產流動綜合保險委外加工附加條款.........237

商品名稱：新安東京海上產物商業動產流動綜合保險受託物責任附加條款.....237

商品名稱：新安東京海上產物商業動產流動綜合保險理賠附加條款.................238

商品名稱：新安東京海上產物船體險修繕人責任保險 .........................................238

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.................240

商品名稱：新安東京海上產物恐怖主義除外不保附加條款.................................240

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.................240

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) ......241

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) ......................................................................242

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

10

外不保附加條款) ..................................................................................242

商品名稱：新安東京海上產物共保附加條款.........................................................243

商品名稱：CO-INSURANCE CLAUSE ..................................................................244

商品名稱：ERRORS AND OMISSIONS CLAUSES (LSW 321) ...........................244

商品名稱：CLAIMS CONTROL CLAUSE (CARGO) ...........................................245

商品名稱：CONSOLIDATION AND PACKAGING CLAUSE ..............................246

商品名稱：CONTROL OF DAMAGED MERCHANDISE CLAUSE ....................246

商品名稱：D.I.C., INCREASED VALUE, CONTINGENCY CLAUSE .................247

商品名稱：DELAY IN OPENING CLAUSE ...........................................................248

商品名稱：DUTY & COLLECT FREIGHT CLAUSE ............................................248

商品名稱：EXTRA EXPENSE CLAUSE ................................................................249

6 商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION

CLAUSE (CONRAD) ...........................................................................249

商品名稱：INSTITUTE STRIKES RIOTS AND CIVIL COMMOTIONS

CLAUSES ..............................................................................................250

商品名稱：INSTITUTE WAR CLAUSES (CARGO) 11/3/80 .................................251

商品名稱：INTERMEDIARY CLAUSE ..................................................................254

商品名稱：LOADING SURVEY CLAUSE .............................................................254

商品名稱：LOCATION CLAUSE ............................................................................255

商品名稱：POLITICAL RISKS CLAUSE ...............................................................256

商品名稱：PROFIT COMMISSION ENDORSEMENT .........................................256

商品名稱：RETURNED OR REFUSED SHIPMENTS CLAUSE ..........................257

商品名稱：SECONDHAND MACHINERY REPLACEMENT CLAUSE..............258

商品名稱：SIMULTANEOUS PAYMENT CLAUSE ..............................................258

商品名稱：STORAGE RISK CLAUSE, DURATION OF COVER ........................259

商品名稱：TERMINATION OF TRANSIT CLAUSE (TERRORISM) ..................260

商品名稱：UNDERWRITING CONTROL CLAUSE .............................................260

商品名稱：UNEXPLAINED SHORTAGE CLAUSE ..............................................261

商品名稱：USA ENDORSEMENT USEN 91 ..........................................................261

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 ..............262

INLAND CARGO TRANSIT CLAUSES（A） ...................................................................262

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 ..............263

11

INLAND CARGO TRANSIT CLAUSE (C)..........................................................................263

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 .................264

SPECIAL WARRANTY FOR STEEL PRODUCTS (A1) .....................................................264

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 .................265

SPECIAL WARRANTY FOR STEEL PRODUCTS (A2) .....................................................265

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 ...................266

SPECIAL WARRANTY FOR STEEL PRODUCTS (A) .......................................................266

商品名稱：72 HOURS CLAUSE (EARTHQUAKE AND FLOOD) .......................266

商品名稱：ACCUMULATION CLAUSE (LOCATIONS) ......................................267

商品名稱：BRAND PROTECTION CLAUSE ........................................................267

商品名稱： CONCEALED DAMAGE CLAUSE ...................................................268

商品名稱：DEBRIS REMOVAL CLAUSE ..............................................................269

商品名稱：INSTITUTE STRIKES CLAUSE ( AIR CARGO) 1/1/2009 .................269

商品名稱：INSTITUTE STRIKES CLAUSE (CARGO) 1/1/2009 .........................270

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

................................................................................................................272

BY POST)1/1/2009 272

商品名稱：INSTITUTE WAR CLAUSE (CARGO)1/1/2009 ..................................273

商品名稱：LOCATION CLAUSE (WITHOUT LIMITATION PERIODS) ............274

商品名稱：PROCESS CLAUSE (LOCATIONS) .....................................................275

商品名稱：SPECIAL CLAUSE FOR CONCEALED DAMAGE OR

MYSTERIOUS ......................................................................................275

LOSS 275

商品名稱：SPECIAL CLAUSE FOR CONTAINERIZED CARGO .......................275

商品名稱：SPECIAL CLAUSE FOR FORWARDING CHARGE ..........................276

商品名稱： SPECIAL CLAUSE FOR INSPECTION .............................................276

商品名稱：SPECIAL CLAUSE FOR SETTLEMENT OF CLAIM ........................277

商品名稱：SPECIAL REPLACEMENT CLAUSE (AIR FREIGHT) .....................278

商品名稱：SPECIAL REPLACEMENT CLAUSE (DUTY) ...................................278

商品名稱：TERMINATION OF TRANSIT CLAUSE (TERRORISM) 2009 .........279

商品名稱：U.S. ECONOMIC AND TRADE SANCTIONS CLAUSE ...................280

商品名稱：WAR AND STRIKES CANCELLATION CLAUSE (CARGO) ...........280

12

商品名稱：CLAUSE PARAMOUNT CLAUSE.......................................................280

商品名稱：INFIDELITY CLAUSES ........................................................................281

商品名稱：LOADING AND UNLOADING CLAUSE ...........................................281

商品名稱：MACHINERY CLAUSE ........................................................................282

商品名稱：MECHANICAL AND/OR ELECTRICAL DERANGEMENT CLAUSE

................................................................................................................282

商品名稱：MYSTERIOUS DISAPPEARANCE CLAUSE .....................................282

商品名稱：MYSTERIOUS LOSS COVER CLAUSE .............................................283

商品名稱：OPEN TOP/FLAT CONTAINER CLAUSE ...........................................283

商品名稱：TOKIO MARINE NEWA INSURANCE INSTITUTE TIME

CLAUSES – HULLS (1/10/83) AMENDED FOR JAPANESE

CLAUSES CLASS NO.6 (4/2010) ........................................................284

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) ...................295

商品名稱：TOKIO MARINE NEWA INSURANCE ASSURED CLAUSE ............296

商品名稱：TOKIO MARINE NEWA INSURANCE SCRAP VOYAGE CLAUSES

................................................................................................................296

商品名稱：TOKIO MARINE NEWA INSURANCE TERMINATION CLAUSE ..298

商品名稱：TOKIO MARINE NEWA INSURANCE FIRE AND POLLUTION

HAZARD CLAUSES (A)......................................................................298

商品名稱：TOKIO MARINE NEWA INSURANCE REPAIR CLAUSES..............299

商品名稱：TOKIO MARINE NEWA INSURANCE DISBURSEMENTS

WARRANTY CLAUSE (A) ..................................................................300

商品名稱：TOKIO MARINE NEWA INSURANCE LAID UP RETURN

CLAUSES (HULLS) .............................................................................301

商品名稱：TOKIO MARINE NEWA INSURANCE RIGHTS AND DUTIES ON

THE VESSEL CLAUSES .....................................................................302

商品名稱：TOKIO MARINE NEWA INSURANCE RIGHT OF CLAIM FOR

COMPENSATION AGAINST A THIRD PARTY CLAUSE ................303

商品名稱：TOKIO MARINE NEWA INSURANCE ELECTRONIC DATE

RECOGNITION SPECIAL CLAUSE...................................................304

商品名稱：TOKIO MARINE NEWA INSURANCE CONSUMPTION TAX

CLAUSE ................................................................................................305

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商品名稱：TOKIO MARINE NEWA INSURANCE LIEN CLAUSES ..................306

商品名稱：TOKIO MARINE NEWA INSURANCE DUTY OF ASSURED AND

RIGHTS OF INSURER CLAUSES ......................................................307

商品名稱：TOKIO MARINE NEWA INSURANCE MINIMUM PREMIUM

CLAUSES ..............................................................................................308

商品名稱：TOKIO MARINE NEWA INSURANCE BOTTOM TREATMENT

CLAUSE ................................................................................................309

商品名稱：TOKIO MARINE NEWA INSURANCE BERING SEA TRANSIT

CLAUSES (FOR I.T.C. AMENDED) ...................................................310

商品名稱：TOKIO MARINE NEWA INSURANCE PREMIUM CLAUSES ......... 311

商品名稱：TOKIO MARINE NEWA INSURANCE EXCESS COLLISION

LIABILITY CLAUSE (A) .....................................................................313

商品名稱：TOKIO MARINE NEWA INSURANCE SMALL GENERAL

AVERAGE CLAUSES ..........................................................................313

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

................................................................................................................314

商品名稱：TOKIO MARINE NEWA INSURANCE LAW AND JURISDICTION

CLAUSES ..............................................................................................315

商品名稱：TOKIO MARINE NEWA INSURANCE IRANIAN OIL EXCLUSION

CLAUSE ................................................................................................316

商品名稱：TOKIO MARINE NEWA INSURANCE MARINE GENERAL

LIABILITY CLAUSE ...........................................................................316

商品名稱：TOKIO MARINE NEWA INSURANCE MISC PROPERTY AND

INLAND MARINE INSURANCE CLAUSE .......................................329

商品名稱：TOKIO MARINE NEWA INSURANCE SANCTION CLAUSE .........333

商品名稱：EQUIPMENT ALL RISKS WORDING - ROV/POL/STD/1/7/13 ........333

商品名稱：TOKIO MARINE NEWA INSURANCE SPECIAL REPLACEMENT

CLAUSE (AIR FREIGHT)....................................................................336

商品名稱：TOKIO MARINE NEWA INSURANCE DEFERRED UNPACKING

CLAUSE - B VERSION WORDING ...................................................336

商品名稱：TOKIO MARINE NEWA INSURANCE DEBRIS REMOVAL

CLAUSE –D VERSION WORDING ....................................................337

商品名稱：TOKIO MARINE NEWA INSURANCE INSPECTION CHARGE

CLAUSE ................................................................................................337

商品名稱：TOKIO MARINE NEWA INSURANCE EXPEDITING COST

14

CLAUSE ................................................................................................338

商品名稱：TOKIO MARINE NEWA INSURANCE NON-SURVEY CLAUSE ....338

商品名稱：TOKIO MARINE NEWA INSURANCE BRAND PROTECTION

CLAUSE - B VERSION WORDING ...................................................339

商品名稱：TOKIO MARINE NEWA INSURANCE SPECIAL TRANSIT CLAUSE

................................................................................................................339

商品名稱：TOKIO MARINE NEWA INSURANCE INLAND TRANSIT CLAUSE

(EXCLUDING JAPAN) ........................................................................340

商品名稱：TOKIO MARINE NEWA INSURANCE VALUATION CLAUSE .......340

商品名稱：TOKIO MARINE NEWA INSURANCE ACCUMULATION CLAUSE

- D VERSION WORDING ....................................................................341

商品名稱：TOKIO MARINE NEWA INSURANCE FINAL INVOICE CLAUSE .342

商品名稱：TOKIO MARINE NEWA INSURANCE RECOOPERING /

REPACKING CLAUSE ........................................................................342

商品名稱：TOKIO MARINE NEWA INSURANCE GOVERNMENTAL

DAMAGE CLAUSE .............................................................................342

商品名稱：TOKIO MARINE NEWA INSURANCE DEMURRAGE CHARGES

CLAUSE ................................................................................................343

商品名稱：TOKIO MARINE NEWA INSURANCE F.O.B., F.A.S., C.&F.

SHIPMENTS CLAUSE(EXCLUDING JAPAN) ..................................343

商品名稱：TOKIO MARINE NEWA INSURANCE CLASSIFICATION CLAUSE344

商品名稱：TOKIO MARINE NEWA INSURANCE STANDARD CLAUSE FOR

REFRIGERATED CARGO (ALL RISKS-A) .......................................345

商品名稱：TOKIO MARINE NEWA INSURANCE INLAND CARGO TRANSIT

CLAUSES (A) .......................................................................................346


CLAUSES (C) .......................................................................................348

商品名稱：AMERICAN YACHT FORM R12 .........................................................349

商品名稱：INSTITUTE CONTAINER CLAUSE-TIME .........................................350

商品名稱：INSTITUTE CONTAINER CLAUSE-TIME TOTAL LOSS,GENERAL

AVERAGE,SALVAGE,SALVAGE CHARGES,SUE AND LABOUR 352

商品名稱：PAYMENT OF CLAIM CLAUSE .........................................................353

商品名稱：OVERLAND TRANSPORTATION CARGO INSURANCE CLAUSE

(ALL RISKS) - TRAIN .........................................................................353

15

商品名稱：OVERLAND TRANSPORTATION CARGO INSURANCE CLAUSE

(NAMED PERILS ONLY) - TRAIN .....................................................354

商品名稱：GENERAL AVERAGE CLAUSE ..........................................................355

商品名稱：COVER RISK OF LOADING, UNLOADING, LIFTING, HOISTING

AND TRANSSHIPMENTS CLAUSE – ALL RISKS ..........................356

商品名稱：SHIPPER’S INTEREST INSURANCE CLAUSE .................................356

商品名稱：AUTOMATIC COVER CLAUSE ..........................................................357

商品名稱：SPECIAL TERMS AND CONDITIONS FOR INSURANCE OF

REMOVAL GOODS ..............................................................................357

商品名稱：TOKIO MARINE NEWA INSURANCE MARINE HULL

INSURANCE - CREW'S OPERATION ACCIDENT POLICY ...........358

商品名稱：TOKIO MARINE NEWA INSURANCE REFRIGERATION

INSURANCE CLAUSE ........................................................................359

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。

16

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

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

17

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

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

18

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.

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

19

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

(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

20

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

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

21

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.

個人保險商品預定費用率


商品名稱：Freight Forwarder Liability Insurance - SART Version

核准日期及文號 102 年 12 月 31 日新安東京海上 102 商字第 0175 號函備查

承保範圍

SECTION A – CARGO AND RELATED LIABILITIES

Risks Covered

1.1 The Policy will indemnify the Insured in respect of its legal liability and/or for costs

arising from the Insured Ordinary Operations subject to the terms and conditions of the

Policy for:-

1.1.1 Physical loss of and/or damage to Cargo caused by an incident under a

lawful and valid Contract of Carriage or contract of service;

1.1.2 Consequential Loss of and resulting directly from Clause 5.1.1 above;

1.1.3 Physical loss of and/or damage to the Transport Equipments not owned

or leased by the Insured whilst in the Insured’s care, custody and /or

control for the purpose of carrying the Cargo;

1.1.4 The provision of security for Insured’s contribution to general average

and/or salvage charges which are not recoverable from the shipper or

consignee or other Cargo interests; and

1.1.5 Debris removal costs which are consequent upon a sudden and

accidental occurrence.

Special Conditions

1.2 In the circumstances of general average and/or salvage charges where the Insured is

unable to obtain the general average guarantees or salvage bonds from some Cargo

interests or their insurer, the Insurer shall sign and issue the necessary guarantee for the

Insured in order to expedite the release of the shipment. The Insured shall not release

or agree to release such Cargo until it is in receipt of counter general average guarantee

or salvage bond from the individual Cargo interests or their insurer and have the

Insurer’s prior written approval. The giving of such approval is at the sole and absolute

22

discretion of the Insurer.

SECTION B – ERRORS AND OMISSIONS

Risks Covered


arising from the Insured Ordinary Operations as a result of a negligent act or errors and

omissions by the Insured, its servants, employees, agents or Sub-contractors in relation

to the following:-

1.3.1 The failure to correctly and properly release the Cargo to the

authorized receiving party under a lawful and valid Contract of Carriage

(misdelivery of Cargo);

1.3.2 The failure to either comply with or provide instruction, information

and advice;

1.3.3 The failure to correctly complete or furnish necessary documentation;

1.3.4 The failure to perform the contractual obligations within reasonable

time;

1.3.5 The failure to deliver the Cargo to the correct destination (misdirection

of Cargo)

Special Conditions

1.4 For the coverage of misdirection of Cargo, the Insurer shall indemnify the Insured for the

extra costs involved in re-routing the Cargo to the correct destination by the same or

similar mode of transport. Such extra costs shall be determined as follow:-

1.4.1 Actual costs incurred in transporting the Cargo from the place of origin

to the incorrect destination PLUS reasonable costs involved in

transporting the Cargo from the incorrect destination to the correct

place of delivery LESS the reasonable costs involved as if the Cargo was

transported from the place of origin to the correct place of delivery.

1.5 For the coverage of misdelivery of Cargo, it shall be a condition precedent to the

Insurer’s liability under Clause 5.3.1 that:

1.5.1 The Insured agent’s actions must be in breach of clear instructions

provided by the Insured;

1.5.2 The Insured has no knowledge of the Insured agent’s and/or

Sub-contractor’s actions;

1.5.3 The Insured must not have acted recklessly.

SECTION C – THIRD PARTY LIABILITY

Risks Covered


arising from the Insured Ordinary Operations for third party liability for:-

1.6.1 Physical loss and/or damage to Third Party property not in the Insured’s

physical care, custody and /or control; and

1.6.2 Death and/or bodily injury and/or illness of any Third Party.

SECTION D – FINES, DUTIES AND OTHER COSTS

Risks Covered

1.7 This Policy will indemnify the Insured in respect of its legal liability and/or costs arising

from the Insured Ordinary Operations in respect of the fines, duties and penalties arising

from the breach of:-

1.7.1 Customs regulations, arising from, in connection with and/or in relation

to the import and/or export of Cargo;

1.7.2 Immigration regulations;

1.7.3 Security/anti-terrorism measures and/or regulations;

23

1.7.4 Regulations in relation to safety at work;

1.7.5 Environmental damage, seepage, pollution, or contamination

regulations.

1.8 The Policy will also indemnify the Insured in respect of its legal liability and/or costs

arising from the Insured Ordinary Operations in respect of the extra costs as incurred in

the following circumstances:-

1.8.1 The total failure of the consignee to collect or remove Cargo at the

place of delivery (uncollected Cargo);

1.8.2 Quarantine and disinfection, including fumigation, other than in the

Insured Ordinary Operations;

1.8.3 Extra costs incurred to complete the Contract of Carriage due to the

failure of the Sub-contractor to provide the service to the Insured

within reasonable time.

Special Conditions

1.9 For the coverage of environmental damage, seepage, pollution and contamination, the

Policy is further subject to the following:-

1.9.1 The incident is caused by an event which is sudden and accidental, and

such event first commenced on an identified specific date during the

Period of Insurance; and

1.9.2 The event is discovered and made aware to the Insured within seven (7)

days after it first commenced and is reported to the Insurer within

thirty (30) days thereafter.

不保事項 This Policy excludes any Claim, loss, damage, liability or expense directly or

indirectly caused by or contributed by or arising from the following:-

1.1 Excluded Cargo

1.1.1 Bullion and precious metal objects;

1.1.2 Bank notes, coins, cheques, securities or credit cards;

1.1.3 Bonds, negotiable documents, securities and other financial instruments;

1.1.4 Jewellery, works of antiques, precious stones and similar interests;

1.1.5 Live animals, livestock, birds, reptiles or fish;

1.1.6 Motor, aircraft, watercraft, caravans, trailers of any kinds being transported under

their own power or whilst being towed on their own axle except during the

ordinary course of loading onto and off loading from carrying conveyance and/or

during the ordinary course of stuffing and destuffing of shipping containers or

creates;

1.1.7 Dangerous Goods and/or hazardous commodities;

1.1.8 Cargo carried gratuitously; and

1.2 Increased Liability and Performance Guarantee Exclusion

1.2.1 The increased liability due to the contractual agreement to declare or agreed value

of Cargo between the Insured and its customers;

1.2.2 The liability due to the contractual agreement to the agreed delivery date or time;

1.2.3 The contractual agreement to a higher Limit of Liability or responsibility than the

Insurer’s Approved Documents and/or any mandatory applicable limitations under

the relevant legislations and/or international conventions;

1.2.4 The additional liability arising and/or resulting from the Insured waiving its right of

recourse or any defence against any liable Third Party; and

1.2.5 Any claim or suit or payment of any damages that the Insured are legally liable to

pay, solely by reason of the Insured’s assumption of liability in a contract or

agreement. This exclusion does not apply to liability for damages that the Insured

would have in the absence of such contract or agreement.

24

1.3 Deliberate Acts, Reckless and Illegal Conduct Exclusion

1.3.1 The Insured’s dishonesty, infidelity or fraud, collusion, malicious, willful or

deliberate act or reckless conduct;

1.3.2 The Insured’s participation of illegal trade and handling of contraband cargo

(except under the circumstance where the cargo type is fraudulently concealed by

the Insured’s customer which is unawared to the Insured);

1.3.3 Any liability arising from a breach of current laws and/or regulations that is

considered criminal at the relevant jurisdiction and any criminal action taken

against the Insured.

1.3.4 Any liability arising from the intentional ante dating or post dating in the Contract

of Carriage

1.4 Unattended Cargo or Vehicle Exclusion

1.4.1 Any liability arising from the Cargo and/or vehicle handle and/or operated and/or

owned by the Insured left unattended without reasonable effort having been

made by the Insured or the Insured’s servants or agents to ensure its security

except when passing through customs for customs declaration and/or at the time

of arriving into warehouse for registration, pick up, delivery and/or filling gas and

necessary rest break. Engine of unattended vehicle should be turned off and

securely locked with keys removed an all openings securely closed, with the driver

in the immediate vicinity.

1.5 Cargo Insurance Arrangement Exclusion

1.5.1 Any liability arising from arranging or procuring Cargo insurance for a customer.

1.6 Vessel/Aircraft Operation/Chartering Exclusion

1.6.1 Any liability arising from managing, navigating, operating or chartering a

vessel/aircraft except under a slot or space charter.

1.7 Asbestos Exclusion

1.7.1 Any liability in connection with asbestos and related substance.

1.8 Financial Default Exclusion

1.8.1 The Insured’s insolvency, liquidation, bankruptcy, receivership, trading whilst

insolvent or any other financial default.

1.9 Commercial Dispute Exclusion

1.9.1 The Insured’s inability or failure to pay or collect debts;

1.9.2 Any disputes on freight, fee, charges, tariff, debt between the Insured and other

contractual parties;

1.9.3 Any commercial fines or penalties in respect of tariff or freight completion or

structure of operation of the Insured’s business;

1.9.4 Any contractual penalty arising from the consequences of commercial

misjudgment by the Insured.

1.10 Third Party Liability Exclusion

1.10.1 Legal liability arising out of or in connection with the course of employment of the

Insured and/or liability which is covered under the Insured’s employee

compensation insurance;

1.10.2 Legal liability for the loss of or damage to the property and/or equipment owned,

rented, leased and/or hire purchased by the Insured;

1.10.3 Legal liability arising out of or in connection with a motor vehicle, chassis, trailer

25

and/or other similar road conveyance which is covered under the motor

insurance;

1.10.4 Legal liability arising out of or in connection with product liability;

1.10.5 Legal liability arising out of or in connection with a land, warehouse or other

property which is owned, leased, rented and/or operated by the Insured and used

for the Insured Ordinary Operations which is not covered as an Insured Premises;

and

1.10.6 Legal liability arising out of or in connection with Sub-contractor and its employee,

agent and servant’s property and/or bodily injury and/or death during contract for

service or appointment.

1.11 Unexplained Loss of Cargo during Storage Exclusion

1.11.1 Inventory shrinkage or unexplained loss or mysterious disappearance of

Cargo whilst in storage including any unexplained discrepancy between any

records made or kept by the Insured or any record produced by any customers or

any loss subsisting only in a profit and loss comparison or shortage discovered

upon stock taking or preparing Cargo for transit which is not traceable to an

identifiable event.

1.12 Inherent Vice Exclusion

1.12.1 Any inherent vice, deterioration, decay, rotting, fault or weakness in relation to

Cargo or any property.

1.13 Uncontrolled and Special Circumstances

1.13.1 War, invasion, acts of foreign enemies, hostilities (whether war be declared or

not), civil war, terrorism, or sabotage, rebellion, revolution, insurrection military or

usurped power;

1.13.2 Industrial disputes, boycotts, strikes, riots, civil commotions, lockouts,

stoppages or restraints of labour of whatsoever nature or kind whether partial or

general and whether or not involving the Insured's employees;

1.13.3 Confiscation, nationalisation or requisition or destruction of or damage

property by or under the order of any authority;

1.13.4 Piracy, capture, seizure, restraint or detainment; and

1.13.5 Act of God.

1.14 Civil Wrong Exclusion

1.14.1 Any liability arising from the civil wrong including but not limited to defamation,

libel, slander, discrimination in any form, infringement of copyright, nuisance,

infringement of human right or other similar kind.

1.15 Employer’s Liability Exclusion

1.15.1 Any Claim in relation to or in connection with or arising out of the Insured’s

employment, contract for services or appointment.

1.16 Lien Exclusion

1.16.1 A right of lien exercised, whether or not wrongful, against any property by any

parties.

1.17 Damages Exclusion

1.17.1 Punitive, exemplary, aggravated, compound or multiplied damages against the

Insured.

1.18 Radioactive Contamination, Chemical, Biological, Bio-Chemical And

26

Electromagnetic Weapons Exclusion

1.18.1 Ionising radiations from or contamination by radioactivity from any nuclear fuel

or from any nuclear waste or from the combustion of nuclear fuel;

1.18.2 The radioactive, toxic, explosive or other hazardous or contaminating properties

of any nuclear installation, reactor or other nuclear assembly or nuclear

component thereof;

1.18.3 Any weapon or device employing atomic or nuclear fission and/or fusion or

other like reaction or radioactive force or matter;

1.18.4 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;

1.18.5 Any chemical, biological, bio-chemical, or electromagnetic weapon.

1.19 Failure of Electronic System and Cyber Attack Exclusion

1.19.1 Defect in or malfunction of computers hardware, software, peripheral or

electronic device or corruption or loss of data;

1.19.2 Loss, damage, liability or expense directly or indirectly caused by or contributed

to by or arising from the use or operation, as a mean for inflicting harm, of any

computer, computer system, computer software programme, malicious code,

computer virus or process or any other electronic system.

1.20 Sanction Limitation and Exclusion

1.20.1 No Insurer shall be deemed to provide cover and no 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 the

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.



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 103 年 9 月 15 日(103)產水字第 022 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。

27

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。



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。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

28

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。


不適用


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。

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。

29

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

30

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

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。


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)


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。


31

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

“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

Unseaworthin

ess

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

32

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


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

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


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

Risks

Clause

General

Average

Clause

"Both to

Blame

Collision"

Clause

33

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


"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)


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 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


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 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



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

General

Exclusions

Clause

Unseaworthiness

and Unfitness

Exclusion

Clause

War

Exclusion

Clause

34

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


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






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

other than water




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

Strikes

Exclusion

Clause

General

Average

Clause

"Both to

Blame

Collision"

Clause

35

4.In no case shall this insurance cover


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)

4.4 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 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

4.8 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 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.


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 or against a belligerent power



General

Exclusions

Clause

Unseaworthiness

and Unfitness

Exclusion

Clause

War

Exclusion

Clause

36

Risks

Clause

General

Exclusions

Clause


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


commotions


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


2.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear

of the subject-matter insured



“packing” shall be deemed to include stowage in a container of liftvan but




insured

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



be caused by a risk insured against


owners managers charterers or operators of the aircraft

Strikes

Exclusion

Clause

37

War

Exclusion

Clause

Strikes

Exclusion

Clause


atomic or nuclear fission and/or fusion or other like reaction or radioactive

force or matter.











commotions



商品名稱： INSTITUTE CARGO CLAUSE (A) 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 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

38

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


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)


insured

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


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.


consequences thereof or any attempt thereat.




39

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 (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,





1.1.4 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




1.2.2 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.

不保事項


4.1 loss damage or expense attributable to wilful misconduct of

the Assured

4 4.2 ordinary leakage, ordinary loss in weight or volume, or

5 ordinary wear and tear of the subject-matter insured

4.3 loss damage or expense caused by insufficiency or

Risks

General

Average

"Both to

Blame

Collision"

Clause

40

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)

4.4 loss damage or expense caused by inherent vice or nature o

o 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)

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

4.7 deliberate damage to or deliberate destruction of the

subject-matter insured or any part thereof by the wrongful act

of any person or persons

4.8 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

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 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

41

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.


7.1 caused by strikers, locked-out workmen, or persons taking part

in la 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

below,










1.2.2 jettison.



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

Clause

42

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.

不保事項



6 4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of

7 the subject-matter insured





purpose of these Clauses “packing” shall be deemed to include stowage in a



insured

4. 4.5 loss damage or expense caused by delay, event though the delay be caused by a







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 deliberate damage to or deliberate destruction of the subject-matter insured or any

part thereof by the wrongful act of any person or persons

4.8 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


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

5.1 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 theparty 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.


6.1war civil war revolution rebellion insurrection, or civil strife arising therefrom, or

any hostile act by or against a belligerent power.


consequences thereof or any attempt thereat.

"Both to

Blame

Collision"

Clause

43

Risks

Salvage

Charges


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.


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





preparation of the subject matter insured to withstand the ordinary incidents of



purpose of these Clauses "packing" shall be deemed to include stowage in a

container and "employees" shall not include independent contractors)


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

44

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


3.8 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.











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.


商品名稱：50/50 Clause


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

45

between the Marine Cover and Contract Works Cover.

不保事項

同主保險契約


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.

不保事項

同主保險契約


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

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


商品名稱：ACCUMULATION CLAUSE– C VERSION WORDING


46

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


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


商品名稱：AIRFREIGHT REPLACEMENT CLAUSE


承保範圍

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


商品名稱：BRANDS OR TRADEMARKS CLAUSE

47


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


商品名稱：BUYER’S INTEREST CLAUSE


承保範圍

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.

48

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


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.

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.

49

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


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


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

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

50

同主保險契約


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


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

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


51

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.

不保事項

同主保險契約


商品名稱：EXCLUDING RUST, OXIDIZATION, DISCOLORATION AND

WATER DAMAGE RISK CLAUSE


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


52

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

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.

不保事項

同主保險契約


53

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


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

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

54

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


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


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

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






1.2.6 discharge of cargo at a port of distress.


Risks

Clause

General

Average

Clause

55

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



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


4.1 loss damage or expense attributable to willful misconduct of the

Assured





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)


subject-matter insured (except loss damage or expense resulting from

variation in temperature specifically covered under Clause 1.2 above)


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


employing atomic or nuclear fission and/or fusion or other like

reaction or radioactive force or matter

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

“Both to

Blame Collision”

Clause

56

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.


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


6.2 capture seizure arrest restraint or detainment (piracy excepted) and the




7.1 caused by strikers, locked-out workmen, or persons taking part in

labour disturbances, riots or civil commotions


commotions

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


商品名稱：HIGHWAY TRANSPORTATION CLAUSE


Unseaworth

iness and

Unfitness

Exclusion

Clause

War

Exclusion

Clause

Strikes

Exclusion

Clause

57

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


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 consignees warehouse at the destination named in the

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 Assureds service or employment.

不保事項

同主保險契約


58

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


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


Risks

Clause

59








1.2.2 jettison






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






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)




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 deliberate damage to or deliberate destruction of the subject-matter

insured or any part thereof by the wrongful act of any person or persons


employing atomic or nuclear fission and/or fusion or other like reaction


General

Average

Clause

“Both to

Blame

Collision

”

Clause

General

Exclusions

Clause

60


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.



insured to destination, unless the Assured or their servants are privy to

such unseaworthiness or unfitness.



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






commotions



商品名稱：INSTITUTE CARGO CLAUSE (ALL RISKS)


承保範圍

Unseaworthiness and

Unfitness

Clause

War

Exclusion

Clause

Strikes

Exclusion

Clause

61

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,


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

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.

62

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.


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

63

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


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.



2.Warranted free of loss or damage

(a)caused by strikers, locked-out workmen, or persons taking part in labour


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

64




商品名稱：INSTITUTE CARGO CLAUSE (F.P.A.)


承保範圍



continues during the ordinary course of transit and terminates either on delivery






or


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,


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.










underwriters and to an additional premium if required, this insurance shall remain

in force until either


65






destination until terminated in accordance with the provisions of Clause

1 above.






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.






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.

66

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.




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.




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.









commotions.




dispatch in all circumstances within their control.


67



不保事項




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


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.








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




商品名稱：INSTITUTE CARGO CLAUSE (W.A.)


承保範圍


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






68

or


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.










underwriters and to an additional premium if required, this insurance shall remain

in force until either







destination until terminated in accordance with the provisions of Clause 1

above.






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

69

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.






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





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.




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

70

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.









commotions.




despatch in all circumstances within their control.




不保事項




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


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.








71

(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

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

72

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


商品名稱：INSTITUTE DANGEROUS DRUG CLAUSE


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

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.”

不保事項

同主保險契約


73

商品名稱：INSTITUTE FOSFA TRADES CLAUSES ( C )


承保範圍

不保事項

同主保險契約


商品名稱：INSTITUTE FROZEN FOOD CLAUSES

(A)(EXCLUDING FROZEN MEAT)


承保範圍


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

temperature attributable to










determined according to the contract of affreightment and/or the governing law

Risks

Clause

General

Average

Clause

74

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.


liability under the contract of affreightment “Both to Blame Collision” clause as is


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


4.1 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)




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


above)


owners managers charters or operators of the vessel


employing atomic or nuclear fission and/or fusion or other like reaction or

radioactive force or matter


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.

“Both to Blame Collision” Clause

Unseaworthiness

and Unfitness

Exclusion

75

5.


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.



insured to destination, unless the Assured or their servants are privy to such












commotions



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

BREAKDOWN


承保範圍


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






War

Exclusion

Clause

Strikes

Exclusion

Clause

Risks

Clause

76






1.2.2 jettison.



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.


liability under the contract of affreightment “Both to Blame Collision” clause as is


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







4.3 “Packing” shall be deemed to include stowage in a container or liftvan








above)


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



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

General

Average

Clause

“Both to Blame Collision” Clause

77

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



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.


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


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.


seaworthiness of the ship and fitness of the ship to carry the subject matter

insured to destination.











commotions

Unseaworthiness and Unfitness Exclusion Clause

War

Exclusion

Clause

Strikes

Exclusion

Clause

78



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


component thereof any weapon or device employing atomic or nuclear fission

and/or fusion or other like reaction or radioactive force or matter

不保事項

同主保險契約


商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION,

CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND

ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE


承保範圍

This Clause shall be paramount and shall override anything contained in this Contract


1. In no case shall this Contract cover loss damage liability or expense directly or


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

79


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


不保事項







2.3 “packing” shall be deemed to include stowage in a container or liftvan






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


80




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




2.11 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






and practice, incurred to avoid or in connection with the avoidance of loss from a

risk covered under these clauses.

不保事項











General

Average

Clause

General

Exclusio

ns Clause

Risk

s

Clause

81




above)













4.




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)


承保範圍

不保事項

同主保險契約


Unseaworthiness

and Unfitness

Exclusion

Clause

82

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


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


商品名稱：INSTITUTE WAR CLSUSES (FOSFA TRADES )


承保範圍

不保事項

同主保險契約


83

請洽本公司

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



1.2 capture seizure arrest restraint or detainment, arising from risks covered

under 1.1 above, and the consequences thereof or any attempt thereat


不保事項

同主保險契約


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








and practice, incurred to avoid or in connection with the avoidance of loss from a

risk covered under these clauses.

不保事項






Risks

Clause

General

Average

Clause

General

Exclusions

Clause

84









above)




3.8 loss damage or expense arising from any hostile use of any weapon of war


radioactive force or matter.

4.



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.

4.2 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



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


Unseaworthiness

And Unfitness

Exclusion

Clause

85

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



3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the


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)


3.7 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.


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


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

86


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

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


商品名稱：ON DECK SHIPMENT CLAUSE


87

中華民國 97 年 06 月 13 日新安東京海上 97 字第 0276048 號函備查

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


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


商品名稱：PAIR & SET CLAUSE


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


商品名稱：PARCEL POST INSURANCE -ALL RISKS

88


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


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.

89

不保事項

同主保險契約


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


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.

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

90


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


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


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

91

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.

不保事項

同主保險契約


商品名稱：SPECIAL CLAUSE FOR CHEMICAL IN

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

92

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


4) the satisfactory certificates as to above mentioned surveys and analysis be given by

Lloyd’s or other Authorized Surveyor.


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.

不保事項

同主保險契約


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

93

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


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.

不保事項

同主保險契約


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


承保範圍

1 This insurance covers, except as provided in Clauses 2, below,



1.1.2 falling of the aircraft


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

94

1.2.1 jettison

不保事項







"packing" shall be deemed to include stowage in a container or liftvan but




insured



the Assured or their servants are privy to such unfitness at the time the









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.











commotions



95


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.

不保事項

同主保險契約


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.

96

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


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

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


97


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


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

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


98

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


商品名稱：INSTITUTE REPLACEMENT CLAUSE (APPLYING

TO MACHINERY)


承保範圍

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


99


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


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.

不保事項

同主保險契約


商品名稱：DEBRIS REMOVAL CLAUSE– C VERSION WORDING


承保範圍

100


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


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


商品名稱：LETTER OF CREDIT CLAUSE


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

101

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


商品名稱：INSTITUTE COAL CLAUSES


承保範圍



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


1.1.5 earthquake volcanic eruption or lightning



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.

不保事項



4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the


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

102

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.


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


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 oragainst a belligerent power

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

thereat



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



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,

1.1 loss of or contamination of the subject-matter insured reasonably attributable to



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



1.2 loss of or contamination of the subject-matter caused by


103

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.

不保事項



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 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

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



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




請洽本公司

商品名稱：Institute Bulk Oil Clauses 1/2/83(delete 1.2.3 &

104

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



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



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.

不保事項



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 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

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

105



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




商品名稱： Cancellation Clause 核准日期及文號 100年 01 月 05 日新安東京海上 100字第 0011 號函備查

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


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

106

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


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

107

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



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

108

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)


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。


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)


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」。


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


109



「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」。


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)


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」。


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)


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。


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

110

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」。


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)


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。


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)



「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」。


● 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


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。


111

請洽本公司

商品名稱：INSTITUTE TIME CLAUSES – HULLS TOTAL LOSS

ONLY (Including Salvage, Salvage Charges and Sue and Labour)


102 年 09 月 25 日新安東京海上 102 商字第 0095 號函備查

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 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

112

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.

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 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.

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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

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

114

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 the Underwriters will contribute to charges properly and

reasonably incurred by the Assured their servants or agents for such measures. General average,

salvage charges and collision defence or attack costs are not recoverable under this Clause 11.

11.3 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.

11.4 When expenses are incurred pursuant to this Clause 11 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.

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.

11.6 The sum recoverable under this Clause 11 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.

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

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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 14.1.2 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 14.1.2 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 14.1.2 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 14.1.2 and

14.1.5 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.

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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

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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.

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



17 STRIKES EXCLUSION

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

17.1 strikers. locked-out workmen. or persons taking part in labour disturbances, riots or civil

commotions


18 MALICIOUS ACTS EXCLUSION

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

18.1 the detonation of an explosive

18.2 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


商品名稱：INSTITUTE TIME CLAUSES–HULLS(but free of any

claim in respect of particular average of damage to the vessel unless

caused by fire, lighting, explosion, sinking, grounding, stranding or

damage resulting from collision with any ship or vessel or contact

with any floating objects.)


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承保範圍

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.


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

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This Clause 4 shall prevail notwithstanding any provision whether written typed or printed

in this insurance inconsistent therewith.



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 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


6.1.2 fire, explosion


6.1.4 jettison

6.1.5 piracy


6.1.7 contact with aircraft or similar objects, or objects falling therefrom, land

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conveyance, dock or harbour equipment or installation




6.2.2 bursting of boilers breakage of shafts or any latent defect in the machinery or hull


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 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

8.1 The 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.

8.2 The 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:

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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 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

122

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 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

11.1 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.

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 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

123

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 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.

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 during the single sea passage. The

expression “heavy weather” in this Clause 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.


13.1 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.

124

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 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 1.inder-insurance. ‘

13.6 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

15.1 gritblasting and/or other surface preparation of new bottom plates ashore and

supplying and applying any “shop” primer thereto,

125

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 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.

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.


19.1 In ascertaining whether the Vessel is a constructive total loss, the insured value shall

126

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.



21.1.1 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 lime. 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

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 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

127

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 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.

(continued)22 RETURNS FOR LAY-UP AND CANCELLATION


22.1.1 Pro rata monthly net for each uncommenced month if this insurance be cancelled

by agreement.

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.


22.2.1 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

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 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

22.2.3 loading or discharging operations or the presence of cargo on board shall not

128

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


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.

不保事項

The following clauses shall be paramount and shall override anything contained in

this insurance inconsistent therewith.

23 WAR EXCLUSION


23.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any







24.1 strikers, locked-out workmen, or persons taking part in labour disturbances, riots or

civil commotions





25.2 any weapon of war and caused by any person acting maliciously or from a political

motive.

129

26 NUCLEAR IXCLIJSION

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 forte or matter.


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


商品名稱：LOSS OF CHARTER HIRE INSURANCE INCLUDING

WAR(ABS 1/10/83 WORDING)


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

130

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.

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.

131

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

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).

132

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


商品名稱：BERING SEA TRANSIT CLAUSE


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

133

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


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

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

134

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

同主保險契約


商品名稱：INSTITUTE NOTICE OF CANCELLATION,

AUTOMATIC TERMINATION OF COVER AND WAR AND

NUCLEAR EXCLUSIONS CLAUSE – HULLS, ETC.


承保範圍

135

This clause shall be paramount and shall override anything contained in this insurance


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:

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

136

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


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.

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;

137

(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

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;

138

(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

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.

139

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.

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:

140

(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

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

141

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;

(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

142

“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

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.

143

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


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


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

144

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


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.

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


145

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


商品名稱：CLAIM CONTROL CLAUSE


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

146

同主保險契約


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


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:

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.


as the third installment.


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

147

credit therefore.

不保事項

同主保險契約


商品名稱：GENERAL AVERAGE ABSORPTION CLAUSE


承保範圍

不保事項

同主保險契約


商品名稱：INSTITUTE ADDITIONAL PERILS CLAUSES －

148

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,

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


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),

149

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

PER

SCHEDUL

E

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:--

150

(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

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

151

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

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


earthquake or volcanic eruption. This exclusion applies to all claims including

claims under Clauses 13, 17, 19 and 20.

7. POLLUTION HAZARD


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

152

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

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

153

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

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

154

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


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

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


17.1.3 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

155

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

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

156

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

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

157

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

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,


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.


19.7.1 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

158

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

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.

20.5 The sum recoverable under this Clause 20 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.

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


159

22. STRIKES EXCLUSION


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


23.2 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


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

160

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

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.

161

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

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.

162

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.

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.


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.

163

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

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


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,


any terrorist or any person acting maliciously or from a political motive

confiscation or expropriation.

不保事項

164

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

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


承保範圍

1 NAVIGATION

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

165

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,


immediately after receipt of advices and any amended terms of cover and any


4.TERMINATION This Clause 4 shall prevail notwithstanding any provision whether written typed or


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,


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



6.1.3 violent theft by persons from outside the vessel

166

6.1.4 jettison

6.1.5 piracy


6.1.7 contact with aircraft or similar objects, or objects falling therefrom,

land conveyance, dock or harbour equipment or installation


6.2 This insurance covers total loss (actual or constructive) of the subject-matter

insured caused by


6.2.2 bursting of boilers breakage of shafts or any latent defect in the

machinery or hull


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

167

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.


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


11.1.1Pro 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.


11.2.1a total loss of the vessel, whether by insured perils or otherwise, has

168

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

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.



不保事項

12 WAR EXCLUSION In no case shall this insurance cover loss damage liability or expense caused by



12.2 capture seizure arrest restraint or detainment (barratry and piracy excepted),









In no case shall this insurance cover loss damage liability or expense arising

from


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

169

any weapon of war employing atomic or nuclear fission and/or fusion or other



商品名稱：INSTITUTE TIME CLAUSES HULLS


承保範圍

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.


Held covered in case of any breach of warranty as to cargo, trade, locality, towage,


170


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



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,



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


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






premium thereunder.

6 PERILS

6.1 This insurance covers loss of or damage to the subject-matter insured

caused by




6.1.4 jettison

6.1.5 piracy

171



land conveyance, dock or harbour equipment or installation


6.2 This insurance covers loss of or damage to the subject-matter insured caused

by



machinery or hull




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.


meaning of this Clause 6 should they hold shares in the Vessel.

7 POLLUTION HAZARD



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


or Managers of the Vessel or any of them to prevent or mitigate such hazard or


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



8.1.3 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

172

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

Underwriters.

EXCLUSIONS




whatsoever

8.4.2 any real or personal property or thing whatsoever except other vessels or

property on other vessels


8.4.4 Loss of life, personal injury or illness


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.


10.1 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

173

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.

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


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

174

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

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


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

175

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

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


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

176

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


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

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

177

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

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:


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 )

178

(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

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.

The following clauses shall be paramount and shall override anything

contained in this insurance inconsistent therewith.

不保事項

同主保險契約


179

商品名稱：INSTITUTE TIME CLAUSES HULLS


承保範圍

1 NAVIGATION

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

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



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.


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


shall occur fifteen days after such requisition whether the Vessel is in port or at

sea.

3 ASSIGNMENT






premium thereunder.

4 PERILS


by


4.1.2 fire lightning explosion


180

4.1.4 jettison

4.1.5 piracy



land conveyance, dock or harbour equipment or installation.


by



machinery or hull






Managers.



5 EARTHQUAKE AND VOLCANIC ERUPTION EXCLUSION


earthquake or volcanic eruption. This exclusion applies to all claims including

claims under Clauses 7, 9, 11 and 13.

6 POLLUTION HAZARD



hazard, or threat thereof, resulting directly from damage to the Vessel for which the



or Managers of the Vessel or any of them to prevent or mitigate such hazard or



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


181



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



7.2.1Whether the insured Vessel is in collision with another vessel and both



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




whatsoever








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

182

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



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:

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.



9.2.1 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

9.2.2 additional expenses brought about by the outbreak of infectious disease on

board the Vessel or ashore

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

183

failure or default of the Assured their agents or servants other than Master


9.2.4 the expenses of the removal of the wreck of the Vessel from any place

owned, leased or occupied by the Assured


compelled to pay, in avoiding, minimising or contesting liability with the

prior written consent of the Underwriters.

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

9.3.2 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


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

9.3.7 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

9.3.8 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



184

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.


provided by the other terms and conditions of this insurance.

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.


9.7.1 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.

9.7.2 the Assured shall not admit liability for or settle any claim for which he

may be insured under this Clause 9 without the prior written consent of the

Underwriters.


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

185

tenders having been taken and provided that the tender is accepted without

delay after receipt of the Underwriters’ approval.


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.

10.4In the event of failure to comply with the conditions of this Clause 10, a



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

186

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.


13.1In 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,


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

187

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


15 BOTTOM TREATMENT






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.



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.




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.


18.1 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

188

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



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.


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.



20.1.1 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




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

189

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.


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.



不保事項

22 WAR EXCLUSION




22.2 capture seizure arrest restraint or detainment (barratry and piracy excepted),







190






political motive.



weapon of war employing atomic or nuclear fission and/or fusion or other like



商品名稱：INSTITUTE TIME CLAUSES HULLS PORT RISKS

including LIMITED NAVIGATION


承保範圍

1 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




191

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,



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


by

5.1.1 perils of the seas rivers lakes, or other navigable waters

5.1.2 fire lightning explosion


5.1.4 jettison

5.1.5 piracy



land conveyance, dock or harbour equipment or installation.


by



machinery or hull




192



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

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



legally liable by way of damages for



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.




8.2.1 Where the insured Vessel is in collision with another vessel and both



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.

193

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




whatsoever








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

194

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

Agreement.



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

10.2.2 additional expenses brought about by the outbreak of infectious

disease on board the Vessel or ashore

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


10.2.4 the expenses of the removal of the wreck of the Vessel from any place

owned, leased or occupied by the Assured


compelled to pay, in avoiding, minimising or contesting liability with

the prior written consent of the Underwriters.

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

10.3.2 liability assumed by the Assured under agreement expressed or implied

195

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


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

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

10.3.7 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

10.3.8 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



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.


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.


10.7.1 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.

196

10.7.2 the Assured shall not admit liability for or settle any claim for which

he may be insured under this Clause 10 without the prior written

consent of the Underwriters.


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

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.


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



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

197

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

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 …


14.1 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

198

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.



waiver or acceptance of abandonment or otherwise prejudice the rights of

either party.


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.


otherwise recoverable under this insurance but shall in no circumstances

exceed the amount insured under this insurance in respect of the Vessel.

15 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


supplying and applying any "shop" primer thereto,

199

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.



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.



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.


19.1 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.

19.3 The Underwriters shall not be liable in respect of unrepaired damage for

more than the insured value at the time this insurance terminates.


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.

200


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.



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


22.1.5 Time Charter Hire or Charter Hire for Series of Voyages. A sum not




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

201

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

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




24.2 capture seizure arrest restraint or detainment (barratry and piracy

excepted), and the consequences thereof or any attempt thereat




202






26.1 the detonation of an explosive.


political motive.



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

不保事項

同主保險契約


203


商品名稱：INSTITUTE WAR AND STRIKES CLAUSES-HULL －

TIME


承保範圍

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

1.4 strikers, locked-out workmen, or persons taking part in labour disturbances, riots

or civil commotions

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

204

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

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. 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 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

205

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.

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 30

th June, both days inclusive.

between 1st July and 30

th September, both days inclusive, except to ports in Asia, not

West of Aden or East of or beyond Singapore.

不保事項

同主保險契約


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


商品名稱：LONDON BLOCKING AND TRAPPING ADDENDUM

(FOR USE WITH THE INSTITUTE WAR AND STRIKES

CLAUSES – HULLS 1/10/83)

206


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

同主保險契約


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.

不保事項

同主保險契約


207

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.

不保事項

同主保險契約


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

208

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.

JW2005/001A

20 June 2005

不保事項

同主保險契約


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


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

209

property were fully owned by the Assured whichever shall be least.

不保事項

同主保險契約


商品名稱：SMALL G.A. CLAUSE


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


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

210

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。

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。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。

211

(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。 (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


承保範圍

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

212

加附加條款


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。


● 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


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。


● 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


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。


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)


承保範圍

213

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。


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)


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。


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。


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。


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

214

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。


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。


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


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。


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


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。


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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


承保範圍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。


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


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。


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）


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。


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


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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)。


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


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。


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


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。


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)


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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。


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）


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。


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


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。


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


承保範圍

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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。



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


承保範圍

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。


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


承保範圍

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


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

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倒塌、崩潰所致之損失，依本附加條款之約定，負賠償責任。


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


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。


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


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。


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


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。


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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


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。


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


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。


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


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)


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

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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72小時附加條款

(天災適用)


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


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


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

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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）


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)


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


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。


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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


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)


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)


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

224


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)


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)


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。


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)


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

225

商品名稱：新安東京海上產物商業動產流動綜合保險單獨污損擦損除

外不保附加條款核准日期及文號


不保事項

(1)本公司對於保險標的物之污損及擦損，不負賠償之責，不受商業動產綜合保

險基本條款之規定所限。但是，污損及擦損與其他損害同時發生時，則不適

用此規定。

(2)所謂污損及擦損，是指保險標的物之髒污、擦傷、刮傷或是塗料剥落等單獨

外觀損傷，而不影響保險標的物機能之損害。


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管球類單獨損害

除外不保附加條款核准日期及文號

102年 10 月 17日新安東京海上 102商字第 0121 號函備查

不保事項

本公司對於保險標的物中之真空管、陰極線管、燈泡與其他類似管球類以及液晶

顯示、電漿顯示、有機發光二極體顯示等畫面顯示裝置受有損害時，不負賠償之

責，不受商業動產綜合保險基本條款之規定所限。但是，這些保險標的物與其他

部分同時受有損失時，則不適用此規定。



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凍冷藏物附加

條款核准日期及文號

102年 10 月 17日新安東京海上 102商字第 0122號函備查

承保範圍

本公司對可歸咎於下列原因導致冷凍機器或冷藏設備損壞引發溫度改變期間達

二十四小時以上，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、火災

二、爆炸

三、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。

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不保事項

依主保險契約之約定。



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性機械性事

故附加條款核准日期及文號


承保範圍

本公司對電氣性、機械性事故造成保險標的物本身之毀損或滅失，負賠償責任。

不保事項




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修理、拆卸、定

位及組裝等危險附加條款核准日期及文號


承保範圍

本公司對在修理、解體、定位、組裝保險標的物時，因作業過失或技術不良造成

保險標的物本身之毀損或滅失，負賠償責任。

不保事項




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未送達危險附加



承保範圍

227

(1)本公司對於保險標的物於運送過程中整包遺失所致保險標的物之損失時，本

公司負賠償責任。

(2)前項所稱「運送中」係指始於標的物裝載至運送工具，以迄於目的地保管處

所卸載完成時止；並含運送中所需的臨時存放。

不保事項




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修理額外費用附

加條款核准日期及文號


承保範圍

本保險契約擴大承保保險標的物因火災、閃電雷擊、爆炸發生遭受毀損或滅失所

生下列額外費用

1.為回復原狀需要的損害原因調查費用

2.保險事故發生後至回復原狀期間所產生為確定損害範圍的調查費用。

3.復原、修理或替換受損保險標的物而產生之點檢費用、調整費、或試運轉費。

但耗材費用除外。

4.受損保險標的物之臨時性修理而產生之費用，但此臨時性修理的一部如變成復

原修理，此臨時性修理而產生之費用需從復原修理費用刪除。

5.替換受損保險標的物而產生之租金

6.為了代替受損保險標的物臨時新增設設備的安裝及拆除費用

7.為緊急從事必要之復原受損保險標的物而產生之加班費、雇用額外勞力費用。

不保事項




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空運費附加條款核准日期及文號


承保範圍

本保險契約之保險標的物發生承保範圍內之毀損或滅失，本公司對修復受損標的

物所需空運運費亦負賠償責任。

228

不保事項




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商品及庫存品附



承保範圍

檢查費用及移送費用

(1)本保險契約在發生可支付損害保險金之突發、不可預料之事故的情況，記名

被保險人經本公司的同意，檢查保險標的物損害之有無而產生之檢查費用、

勘查費用或專業人員派遣費用，本公司同意支付。

(2)發生(1)所規定之事故時，記名被保險人經本公司同意，為檢查或修理保險標

的物而運送、檢查，或修理結束後需再運送至事故發生場所時所須之費用，

本公司同意支付。

(3)有關(1)之檢查結果，即使此保險標的物未受有損害時，本公司同意支付此檢

查及運送費用。

(4)本公司對於附帶此附加條款之保險契約，根據修理附帶費用特約條款(一般物

件用)之規定，於支付修理附帶費用時，當檢查費用及移送費用作為修理附帶

費用，而超過應支付之額度的情況下，此超過的部分，可作為檢查費用及移

送費用來支付。但其金額以進行檢查之保險標的物的保險金額(保險金額超過

保險價額時，依保險價額為限)為限，且保險期間合計不超過 1億日幣。

因瑕疵所造成損害之填補

相關商品因下述原因，發生突發、不可預料的事故而造成損失時，本公司負賠償

之責。

1.因安裝作業的瑕疵所造成的事故

2.因設計、材質或製造瑕疵所引發之事故

3.因軟體瑕疵所造成的損失

不保事項

1.要保人另有投保海上運送保險之保險標的物

2.記名被保險人進口前項 1至 4項物品，進口通關後含通關日 180天內之標的物。



請洽本公司

229

商品名稱：新安東京海上產物商業動產流動綜合保險商品及庫存品保

險費結算附加條款核准日期及文號


承保範圍

(1)被保險人應按月將該月保險標的物存放數量、單位價值及金額，於次月三十

日內通知本公司，憑以計算保險費。

(2)如逾期不為通知時，本公司即以前次所通知之保險金額計算保險費。

(3)被保險人或是本公司得以向另一方要求變更通知日。

不保事項




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寄託或寄售財物

附加條款核准日期及文號


承保範圍

茲經通知並雙方同意，本保險單依照契約有關條款之約定負賠償責任，但應受下

列各款之約束:

一、本保險契約所承保之標的物如係受寄託或寄售之財物，倘遇保險事故所致損

失時，本公司視實際損失情況按保險基本條款第四章理賠事項之約定賠償之。

二、惟前項受寄託或寄售之財物，如遇有保險事故發生時，被保險人(或所有權

人)應提供寄託或寄售財物之憑證、帳冊及有關證明文件，於領取賠款時被保險

人及所有權人應共同簽署和解書後，被保險人始得領取賠款。

三、其他未約定事項悉依照本保險契約有關約定辦理。

不保事項




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標的物敘述


230


承保範圍

茲經雙方同意，本公司與被保險人對於本保險契約所載之保險標的物之定義發生

異議時，本公司同意以保險事故發生時被保險人之財產帳冊分類為理賠基準。

不保事項




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建築物外部設備



承保範圍

茲經雙方同意，本保險契約承保之不動產包含牆垣、簷廊、外部附著裝飾、外部

樓梯間及鐵架結構體。

不保事項




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擴大承保處所附



承保範圍

茲經雙方同意，本保險擴大承保在保險契約載明之處所內，置存於平台上、通廊

中之財物。

不保事項




請洽本公司

231

商品名稱：新安東京海上產物商業動產流動綜合保險暫時外移附加條

款核准日期及文號


承保範圍

茲經雙方同意，保險標的物（貨物除外）因清理、改裝、修復或相類似之目的，

暫時遷移並置存於本保險契約載明之保險標的物地址以外之可關閉處所，發生保

險事故遭受毀損或滅失時，本公司亦負賠償責任。本公司對每一事故之賠償金額

以該項保險標的物保險金額百分之為限，最高不得超過元。

不保事項

保險標的物在運輸途中或展覽會場內不適用本條款。



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內部遷移附加條



承保範圍

茲經雙方同意，在本保險契約所載地址範圍內，保險標的物由原置存處所遷移至

其他置存處，因被保險人之疏忽未事先通知本公司，遇有保險事故發生時本公司

對該遷移之保險標的物仍負賠償責任，本公司之賠償金額以動產保險金額百分之

為限，但最高不得超過元。

被保險人應於知悉遷移事實後，立即通知本公司，必要時自遷移日起調整保險金

額或保險費。

不保事項




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公權力附加條款核准日期及文號


承保範圍

茲經雙方同意，本保險契約擴大承保保險標的物因保險事故發生遭受毀損或滅

失，被保險人在重建或修復受損保險標的物時，必須執行相關法令所產生之額外

232

費用，但仍需符合下列約定：

一、被保險人應於損失發生後立即重建或修復該受損保險標的物，並在損失發生

之日起十二個月內(或經本公司書面同意延長期限)完工；若法令約定該受損保險

標的物必須在其他地點重建或修復時，本公司亦負賠償責任，但本公司之賠償責

任仍以原保險金額為限。

二、若保險標的物受損，依保險契約之約定而減少賠償責任時，則本附加條款之

賠償責任亦依相關約定減少。

三、本公司對每一受損保險標的物之賠償責任每一事故以該受損標的物賠償金額

之百分之為限，但不得超過元。

不保事項

本公司對於下列事故所生之第一項額外費用不負賠償責任：

一、被保險人執行相關法令所致下列損失，因而產生之額外費用：

(一)本保險契約生效前發生之損失；

(二)本保險契約承保範圍以外之損失；

(三)損失發生前被保險人已接到政府機關命令拆除或重建之通知，因而產生之損

失；

(四)有關受損保險標的物中未受損部分之費用。

二、被保險人依相關法令約定，為恢復受損保險標的物達到全新狀態所生之額外

費用；

三、被保險人執行相關法令所需支付之財產增值稅或其他費用。



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改建與修復附加



承保範圍

茲經雙方同意，被保險人對不動產或置存其內之標的物進行改建、增建或修復並

不影響本保險契約之效力，惟改建、增建或修復完成時，被保險人應立即通知本

公司，重新訂定費率，調整保險費。

不保事項




請洽本公司

233

商品名稱：新安東京海上產物商業動產流動綜合保險理賠準備費用附



承保範圍

茲經雙方同意，本保險契約擴大承保被保險人因承保危險事故發生致保險標的物

遭受毀損或滅失時，依本保險契約相關約定，為準備或證明理賠金額所實際發生

必要且合理之費用。

前項費用不包括與本公司或本公司代理協商理賠時所產生之費用。

該項理賠準備費用賠償金額與該受損保險標的物之賠償金額合計不得超過該受

損保險標的物之保險金額。但每一事故之理賠準備費用以元為限。

不保事項




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趕工費用附加條



承保範圍

茲經雙方同意，本保險契約擴大承保保險標的物因保險事故發生遭受毀損或滅

失，被保險人為進行臨時性修復或永久性修復、重置所增加之合理趕工費用。

前項趕工費用包括加班費、快遞費用或支付其他運輸工具之費用。

不保事項




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小額賠款附加條



承保範圍

茲經雙方同意，因保險事故發生所致保險標的物遭受毀損或滅失時，若其損失金

額未達_____元以上者，不適用不足額保險比例分攤，且對未受損之保險標的物

234

無需進行特別盤點或鑑價。

不保事項




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無控制權附加條



承保範圍

茲經雙方同意，本保險契約之效力不因被保險人無控制權所致危險因素增加而受

影響。

不保事項




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其他動產附加條



承保範圍

茲經雙方同意，本保險契約承保下列動產因保險事故發生所致之毀損或滅失：

一、貨幣及郵票。但除特別約定者外，合計賠償限額為元。

二、文件、證件、文稿及帳簿。但僅限於其紙張價值及登載資料所需之文書處理

人工費用，賠償限額為元。

三、電腦資料儲存體。但僅限於置換電腦資料儲存體或複製其儲存之資料所需之

費用，賠償限額為元。

四、圖樣、圖案及模型。賠償限額為新台幣貮拾萬元。

五、被保險人員工所有之動產。但每一員工之賠償限額為元，保險期間內累

積賠償限額為元。

不保事項



不適用

235

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溫度控制系統損

壞附加條款核准日期及文號


承保範圍

茲經雙方同意，本保險契約擴大承保貨物受溫度控制系統因機械、水壓、電力或

電器設備損壞引發溫度改變期間達二十四小時以上所致之毀損或滅失。

每一事故及累積最高賠償限額為新台幣元。

不保事項




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80%共保附加條



承保範圍

茲經雙方同意，本保險契約特別載明適用本條款之保險標的物於約定之保險事故

發生並造成損失時，倘其保險金額已達該標的物實際現金價值之百分之八十者，

本公司就保險金額範圍內按實際損失金額賠付，不受本保險契約批註附加條款比

例分攤之限制。

不保事項




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新取得財產附加



承保範圍

236

茲經雙方同意，本保險契約擴大承保被保險人新取得之財產或新增處所之財產，

惟不得超過各該項保險標的物保險金額之百分之，且最高以元為限。

上述新取得之財產或新增處所之財產，本公司以暫保方式予以承保，並自被保險

人取得保險利益時即開始生效，且於下述三種情形中之任一情形發生時，其效力

即行終止：

一、被保險人新取得財產或新增處所之財產滿九十天者；或

二、新取得之財產或新增處所之財產已通知本公司，且已增加原保險契約保險金

額者；或

三、本保險契約之保險期間已屆滿者。

上述暫保責任仍受保險契約所載之各該項保險標的物保險金額之限制。

不保事項




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存貨擴大附加條



承保範圍

當保險事故發生時，如存貨實際總額大於平均存貨量時，本保單存貨之保險金額

自動增加至超過的存貨量，但不超過平均庫存量之 %。

被保險人後續需依增加之保險金額加收保險費。

不保事項




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殊分類附加條



承保範圍

茲經雙方同意，本保險契約對於需按整批、或整套規格、色系或其他分類方法銷

售之貨物，因保險事故發生而導致未受損部分價值之減少，本公司負賠償責任。

不保事項

237




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委外加工附加條



承保範圍

茲經雙方同意，被保險人委外加工之貨物因發生保險事故所致之毀損或滅失時，

本公司仍負賠償責任。但保險期間內最高賠償限額為新台幣元。

不保事項




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受託物責任附加



承保範圍

茲經雙方同意，本保險契約擴大承保被保險人分期付款或借款所購買之財產，或

在被保險人照顧、監管及控制下之車輛，因被保險事故發生遭受之毀損滅失。（保

險公司之賠償責任以被保險人依法應負對第三人之賠償責任而受賠償請求時為

限，且需提出被保險人與其委託者之書面委託契約）。

但本公司對下列不負賠償責任：

一、被保險人作為臨時工作場所之建築物（含動產）。

二、員工及訪客之衣物或私人用品。

三、無特定合約規範，而被保險人應負責任之租用建築物。

不保事項




請洽本公司

238

商品名稱：新安東京海上產物商業動產流動綜合保險理賠附加條款核准日期及文號


承保範圍

機器設備之保險金額訂定以重置價值扣除累積折舊後之金額投保，其折舊耐用年

限為八年，如保險標的物超出八年以重置價值扣除八年累積折舊後之金額投保，

並以上述之保險金額定額賠付。如被保險人之投保標的物未入現有財產帳冊或無

購入發票，理賠時以保險單載明之保險金額定額給付。投保時機器設備以列舉方

式投保。

貨物指原料、物料、在製品、半成品、成品、商品及代工貨物，理賠時以重置價

值為基礎，並以送貨單據或財產帳冊為依據。

不保事項




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


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

239

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。

（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。


240

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


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


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；

241

但因本保險契約承保事故所致之損失不在此限。


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)

ii)

iii)

iv)

v)

vi)

vii)

viii)

ix)

x)

fire or explosion

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


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

242

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.


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

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.


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)

243

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.


商品名稱：新安東京海上產物共保附加條款


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：

244

批單號碼：

應收保險費：


商品名稱：Co-insurance Clause


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%

YYYYYYY Insurance Co., Ltd.

Endorsement No.:

Percentage Assumed: ZZ%


請洽本公司

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


245

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.


請洽本公司

商品名稱：CLAIMS CONTROL CLAUSE (CARGO)


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.

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.

246

Excluding absolutely ex-gratia settlements or settlements without prejudice unless

specifically approved by the Reinsurer


請洽本公司

商品名稱：CONSOLIDATION AND PACKAGING CLAUSE


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.


請洽本公司

商品名稱：CONTROL OF DAMAGED MERCHANDISE CLAUSE


條款內容

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.


247


請洽本公司

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


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

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.

248

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.


請洽本公司

商品名稱：DELAY IN OPENING CLAUSE


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.


請洽本公司

商品名稱：DUTY & COLLECT FREIGHT CLAUSE


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

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

249

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.


請洽本公司

商品名稱：EXTRA EXPENSE CLAUSE


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.


請洽本公司

6 商品名稱：INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE

(CONRAD)


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

250

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



請洽本公司

商品名稱：INSTITUTE STRIKES RIOTS AND CIVIL COMMOTIONS CLAUSES


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.



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 goods

hereby insured from the oversea vessel at the final port of discharge.


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

251

of the adventure arising from the exercise of a liberty granted to shipowners or

charterers under the contract affreightment.


affreightment, is terminated at a port or place other than the destination named



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




or (ii) if the goods are forwarded within the said period of 60 days (or any agreed


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.



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



請洽本公司

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


條款內容 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


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

252

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,

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

253

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

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

254

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


條款內容

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).


請洽本公司

商品名稱：LOADING SURVEY CLAUSE


條款內容

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.

255

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


the satisfactory certificates as to above mentioned survey and analysis be given by

LLOYD`S or other Authorized Surveyor


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


條款內容

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.

256

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


條款內容

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

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

257


條款內容

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.

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.


請洽本公司

商品名稱：RETURNED OR REFUSED SHIPMENTS CLAUSE


258

條款內容

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


條款內容

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.


請洽本公司

商品名稱：SIMULTANEOUS PAYMENT CLAUSE


條款內容

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

259

商品名稱：STORAGE RISK CLAUSE, DURATION OF COVER


條款內容

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

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.

260


請洽本公司

商品名稱：TERMINATION OF TRANSIT CLAUSE (TERRORISM)


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 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


261

條款內容

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.


請洽本公司

商品名稱：UNEXPLAINED SHORTAGE CLAUSE


條款內容

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.


請洽本公司

商品名稱：USA ENDORSEMENT USEN 91


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,

262

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）


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。

（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

263

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)


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：

(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

264

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)


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

265

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。


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)


條款內容


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。





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



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


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。

266


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)


條款內容


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。





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



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


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。

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。


請洽本公司

商品名稱：72 HOURS CLAUSE (EARTHQUAKE AND FLOOD) 核准日期及文號


267

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


請洽本公司

商品名稱：ACCUMULATION CLAUSE (LOCATIONS) 核准日期及文號


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


請洽本公司

商品名稱：BRAND PROTECTION CLAUSE

268



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


請洽本公司

商品名稱： CONCEALED DAMAGE CLAUSE 核准日期及文號


承保範圍

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

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.

不保事項

同主保險契約


269


請洽本公司

商品名稱：DEBRIS REMOVAL CLAUSE 核准日期及文號


承保範圍


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.

不保事項

同主保險契約


請洽本公司

商品名稱：INSTITUTE STRIKES CLAUSE ( AIR CARGO) 1/1/2009 核准日期及文號


承保範圍

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


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.

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



8 3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear

9 of the subject-matter insured


270




purpose of this Clause 3.3 “packing” shall be deemed to include stowage in a



insured



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



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

a risk insured against


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







3.9 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

商品名稱：INSTITUTE STRIKES CLAUSE (CARGO) 1/1/2009 核准日期及文號


承保範圍

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



1.2 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

271


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


loss damage or expense attributable to wilful misconduct of the Assured

10 3.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of

11 the subject-matter insured





purpose of this Clause Clauses “packing” shall be deemed to include stowage in

a container and “employees” shall not include independent contractors)


insured

4. 3.5 loss damage or expense caused by delay, event though the delay be caused by a







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



labour of any description whatsoever resulting from any strike, lockout, labour

disturbance, riot or civil commotion


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.

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.


4.1.1 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


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.

4.2 Exclusions 4.1.1 above shall not apply where the contract of insurance has been


subject-matter insured in good faith under a binding contract.

4.3 The Insurers waive any breach of the implied warranties of seaworthiness of the

272

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


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


承保範圍

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






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






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)





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.



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


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


273

transit.



the subject-matter insured in good faith under a binding contract

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


承保範圍

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








practice, incurred to avoid or in connection with the avoidance of loss from a risk

covered under these Clauses.

不保事項






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)



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)


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



voyage.


274




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.


4.1.1 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, 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.

4.2 Exclusions 4.1.1 above shall not apply where the contract of insurance has



4.3 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.


請洽本公司

商品名稱：LOCATION CLAUSE (WITHOUT LIMITATION PERIODS) 核准日期及文號


承保範圍

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

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.

不保事項

同主保險契約


請洽本公司

275

商品名稱：PROCESS CLAUSE (LOCATIONS) 核准日期及文號


承保範圍

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.

不保事項

同主保險契約


請洽本公司

商品名稱：SPECIAL CLAUSE FOR CONCEALED DAMAGE OR MYSTERIOUS

LOSS 核准日期及文號


承保範圍

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.

不保事項

同主保險契約


請洽本公司

商品名稱：SPECIAL CLAUSE FOR CONTAINERIZED CARGO 核准日期及文號


承保範圍

In the event of the goods hereby insured or any part thereof being carried in container

276

(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.

不保事項

同主保險契約


請洽本公司

商品名稱：SPECIAL CLAUSE FOR FORWARDING CHARGE 核准日期及文號


承保範圍

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.

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.

不保事項

同主保險契約


請洽本公司

商品名稱： SPECIAL CLAUSE FOR INSPECTION

277



承保範圍

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.

不保事項

同主保險契約


請洽本公司

商品名稱：SPECIAL CLAUSE FOR SETTLEMENT OF CLAIM 核准日期及文號


承保範圍

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

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.

278

不保事項

同主保險契約


請洽本公司

商品名稱：SPECIAL REPLACEMENT CLAUSE (AIR FREIGHT) 核准日期及文號


承保範圍

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


請洽本公司

商品名稱：SPECIAL REPLACEMENT CLAUSE (DUTY) 核准日期及文號


承保範圍

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

279

case the full duty is not included in the amount insured.

不保事項

同主保險契約


請洽本公司

商品名稱：TERMINATION OF TRANSIT CLAUSE (TERRORISM) 2009 核准日期及文號


承保範圍

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 insured form the aircraft at the final place or discharge.


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.

不保事項

同主保險契約


請洽本公司

280

商品名稱：U.S. ECONOMIC AND TRADE SANCTIONS CLAUSE 核准日期及文號


承保範圍

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.

不保事項

同主保險契約


請洽本公司

商品名稱：WAR AND STRIKES CANCELLATION CLAUSE (CARGO) 核准日期及文號


承保範圍

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.

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.

不保事項

同主保險契約


請洽本公司

商品名稱：CLAUSE PARAMOUNT CLAUSE 核准日期及文號

281

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


請洽本公司

商品名稱：INFIDELITY CLAUSES 核准日期及文號


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


請洽本公司

商品名稱：LOADING AND UNLOADING CLAUSE 核准日期及文號


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


請洽本公司

282

商品名稱：MACHINERY CLAUSE 核准日期及文號


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


請洽本公司

商品名稱：MECHANICAL AND/OR ELECTRICAL DERANGEMENT CLAUSE 核准日期及文號


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


請洽本公司

商品名稱：MYSTERIOUS DISAPPEARANCE CLAUSE 核准日期及文號


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


283


請洽本公司

商品名稱：MYSTERIOUS LOSS COVER CLAUSE 核准日期及文號


承保範圍

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


請洽本公司

商品名稱：OPEN TOP/FLAT CONTAINER CLAUSE 核准日期及文號


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.

284

不保事項

同主保險契約


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


承保範圍

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

Should the Vessel at the expiration of this insurance be at sea or in distress or at a port

285

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.


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



4 TERMINATION

This Clause 4 shall prevail notwithstanding any provision whether written typed or





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,


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



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


premium thereunder.

286

6 PERILS

6.1 This insurance covers loss of damage to the subject-matter insured caused by




6.1.4 jettison

6.1.5 piracy


6.1.7 contact with aircraft or similar objects, or objects falling therefrom, land

conveyance, dock or harbour equipment or installation



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


6.2.4 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


7 POLLUTION HAZARD


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


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


8. four-fourths COLLISION LIABILITY

8.1 The Underwriters agree to indemnify the Assured for the four-fourths of any sum

287

or sums which the Assured becomes legally liable to pay to any other person or

persons by way of damages for


8 1.2 delay to or loss of use of any such other vessel or property thereon


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.


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

8.4 Provided always that this Clause 8 shall in on case extend to any sum which the



whatsoever



8.4.3 the cargo or other property on, or the engagements of the insured Vessel



(except other vessels with which the insured Vessel is in collision or properly on such

other vessels).

288

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.


10.1 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

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.

289


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

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

290

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.


13.1 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.


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.



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.

13.5 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

291

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


15 BOTTOM TREATMINT



15.1 gritblasling and/or other surface preparation of new bottom plates ashore and


15.2 grblasting and/or other surface preparation of:


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



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.




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.


18.1 The measure of indemnity in respect of claims for unrepaired damage shall be the


terminates arising from such unrepaired damage, but not exceeding the reasonable

cost of repairs.

292

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



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.



21.1.1 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

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


293

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.



21.2 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 -


22.1.1 Pro rata monthly net for each uncommented month if this insurance be

cancelled by agreement.

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.


22.2.1 a total loss of the Vessel, whether by insured perils or otherwise4 has not

294

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


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




23.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and

the consequences thereof or any attempt thereat


23.4 violent theft by persons from outside the Vessel or piracy.




or civil commotions


295





political motive.



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



whatsoever



8.4.3 the cargo or other property on, or the engagements of the insured Vessel



(except other vessels with which the insured Vessel is in collision or properly on such

other vessels).


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

Institute Time Clauses - Hulls 1/10/83 Amended for Japanese

Clauses Class No.6) 核准日期及文號


承保範圍

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)

296

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.


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Assured Clause 核准日期及文號


承保範圍

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 Scrap Voyage Clauses 核准日期及文號


承保範圍

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

297

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.

(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

298


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Termination Clause 核准日期及文號


承保範圍

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


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


承保範圍

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

299

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

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.


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Repair Clauses 核准日期及文號

300


承保範圍

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


請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Disbursements Warranty

Clause (A) 核准日期及文號


承保範圍

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

301

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


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


承保範圍

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.

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

302

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


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


承保範圍

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.

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.

303

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


請洽本公司

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


承保範圍

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

304


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


承保範圍

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.


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.

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

305

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.














請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Consumption Tax Clause 核准日期及文號


306

承保範圍

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.














請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Lien Clauses 核准日期及文號


承保範圍

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,

307

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



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


承保範圍

Article 1. (Duty of Disclosure)

The Person effecting the insurance and/or the Assured must disclose to the Company,

308

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.

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


承保範圍

309

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

商品名稱：TOKIO MARINE NEWA INSURANCE Bottom Treatment Clause 核准日期及文號


承保範圍及不保事項







310

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




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


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

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

311

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.



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Premium Clauses 核准日期及文號


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)

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

312

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%







Over 8 months 100%

不保事項

同主保險契約



請洽本公司

313

商品名稱：TOKIO MARINE NEWA INSURANCE Excess Collision

Liability Clause (A) 核准日期及文號


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

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


承保範圍

314

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


承保範圍

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.

Article 2.

315

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.



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Law and Jurisdiction

Clauses 核准日期及文號


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

316



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE Iranian Oil Exclusion

Clause 核准日期及文號



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.



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE MARINE GENERAL LIABILITY

CLAUSE 核准日期及文號


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

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 –

317

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;

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

318

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

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:

319

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";

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;

320

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

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,

321

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

"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;

322

(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

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

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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

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

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“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”.

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

325

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

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,

326

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

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:

327

(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,

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.

328

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.

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

329

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.



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


承保範圍

一、承保之財產

330

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

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

331

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

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

332

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

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

333

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



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE SANCTION CLAUSE 核准日期及文號



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

regulations of the EU/EEA.



請洽本公司

商品名稱：Equipment All Risks Wording - ROV/POL/STD/1/7/13 核准日期及文號


承保範圍

334

1. 持續租用費：本保險承保被保險人設備之持續租用費。

2. 殘餘物清除(運送)：本保險承保合理移除、處置殘餘物之費用。

3. 稅負：本保險承保標的物額外附加的費用，包含合理的運費、稅務等。

4. 員工之工具及設備：額外承保被保險人及員工之工具及設備。

5. 展覽與展示：本保險承保標的物於展覽或展示期間所致之損失。

6. 租借予第三人設備：承保被保險人租借予第三人之設備。

7. 租借予第三人設備之或有基礎。

8. 額外增加成本：如設備受損致不具備可使用的商用價值時，保險人將會賠付

被保險人租賃設備之成本費用。

9. 運輸適用協會條款

9.1 協會貨物運輸保險(A)條款

9.2 協會貨物運輸保險空運條款(除外郵包運送)

9.3 協會戰爭險附加條款(海運)

9.4 協會戰爭險附加條款(空運)(除外郵包運送)

9.5 協會戰爭險附加條款(郵包運送)

9.6 協會罷工險附加條款(海運)

9.7 協會罷工險附加條款(空運)

9.8 協會船級附加條款

10. 本保險附加承保地雷、炸彈、魚雷等戰爭風險，但除外路上損失及兵險條款

之承保內容。

11. 殘體：在保險人事先核准的情況下得同意承保標的物之殘體。

12. 空運重置成本：本保險額外補償被保險人標的物之空運重置成本。

13. ROV水下設備於水中作業時適用特別約定：本保險擴大承保標的物之損失起

因於

13.1潛在瑕疵，但除外修復該潛在瑕疵之成本費用

13.2船長、船員、領航員等相關操作者的疏忽。

13.3修理員、租船主或雇員之疏忽，但修理員及租船主非本保險之被保險人。

14. 拖救包含搜尋及修復費用：本保險擴大承保因危險事故所衍生之費用但限於

以下

14.1 該費用是用於合理減輕損失擴大者

14.2 必須確護保險人對於第三人之追償權

15. 拖船風險：除保險人事先同意外本保險除外標的物由拖船或浮筒拖拉之風

險。

16. 放棄代位求償權：本保險附加承保被保險人要求放棄追償之損失。

17. 暫存殘餘物清除：本保險承保暫存時承保事故發生所需清除殘餘物之額外費

用。

不保事項

1. 詐欺：本保險不承保任何依詐欺所生之損失。

2. 協會船級附加條款

3. 協會輻射污染、化學、生物、生化或電磁武器除外附加條款

4. 除外陸上損失及兵險條款之承保內容。

335

5. 本保險不賠償標的物因被保險人所控制擁有之車輛運送時遭竊的情況。

6. 制裁限制及除外條款：不得提供承保及支付任何賠款或提供任何利益給下

述，依據聯合國決議有關制裁、禁令或限制之國家，或經歐盟、英國或美國

所作貿易或經濟制裁、法律或規範之國家。

7. 貨運航程終止條款（恐怖主義）：

本條款是最為重要的條款，其優先順序凌駕本保險所有條件。

除本保險契約或其條款有相反之意思表示者外，本保險契約同意就本保險單

承保因任何代表人或有關組織因採取以武力或暴力方式，藉以直接推翻或影

響不論其是否合法成立之任何政府組織的任何恐怖主義行為所致者或任何

人因政治、意識形態或宗教動機行為所致者。

承保範圍得取決於保險標的物是否在運輸過程中以及任何意外事故所致者

而定，同時，以下任何情況發生時，保險效力即行終止：

依保險契約上約定之運輸條款之規定終止；或

自運送車輛或其他運輸工具完全卸載至本保險契約所載明目的地之最終倉

庫或儲存處所。

自運送車輛或其他運輸工具完全卸載至本保險契約所載明目的地或中途之

任何倉庫或儲存處所，而為被保險人或其員工用作通常運輸過程以外之儲存

或分配或分送，或

當被保險人或其員工使用任何運輸車輛或其他運輸工具或任何貨櫃作

為通常運輸過程以外的儲存時，或

以海運時，至被保險標的物自海輪在最終卸貨港完成卸載後起算屆滿 60天；

以空運時，至被保險標的物自飛機在最終卸貨地卸載後起算屆滿 30 天。

以其先發生者為準。

倘本保險契約或條款具有附帶特別承保上述儲存或保險效力終止後伴隨而

來之內陸或其他特定運輸保險，則其承保可以重新生效，並可於通常運輸過

程繼續有效，但其效力重依上述規定而终止。

8. 戰爭危險：除非事先加收保費否則不予承保標的物於航行於特定國家，且上

述國家之費率將會大於一般國家，加費與國家別部分可詳 NMU網站。

9. 暫存條款：本保險除外以下

9.1 標的物短少等無法舉證之損失

9.2 被保險人處所時於開放區域或存於無人管理處所被竊

10. 設備故障：除外電子系統之故障，除非該故障是由承保事故所引起的。

11. 徵收：除外設備招到任何政府機關或當地管理機關之徵收使用。

12. 持續損失：除外持續性損失，除非該損失原因明確且為承保範圍所致。

13. 資料損失：除外資料庫損失所造成之成本及後續費用。

14. 加密序號：任何軟硬體加密、序號及認證等因遺失、錯放等無法舉證之損失。

15. 設備水井探勘：除外作業於水井、鍋爐等工業器具之探勘作業。

16. 管路探勘：除外作業於水管、油管等探勘作業。

17. 既有瑕疵：本保險除外蟲蛀、蟲咬、計有瑕疵、零組件缺陷、耗蝕、耗損、

逐漸惡化、汙染、生鏽及腐壞等，但此除外不包含突然且偶發的事故。

18. 折舊損失：除外市場折舊等價值損失。

336

19. 有價證券：除外任何有價證券包含錢幣、支票、信用卡、郵票等。

20. 陸上運輸工具：除非合約已載明承保者除外任何陸上運輸工具。

21. 生鏽、氧化、變色：除非承保事故所致除外所有生鏽、氧化、變色。

22. 刮損凹損：除非承保事故所致除外所有刮損、凹損(包含烤漆上色等費用）。

23. 地下存放：除外標的物存放於地面下的情況。

24. 浮力小船：除外標的物裝載於非動力之浮力小船。



請洽本公司

商品名稱：TOKIO MARINE NEWA INSURANCE SPECIAL REPLACEMENT

CLAUSE (AIR FREIGHT) 核准日期及文號



It is specially understood and agreed that charges for forwarding part or parts for

replacement or repair provided for in the Institute Replacement Clause attached hereto

shall include those forwarding by air.




商品名稱：TOKIO MARINE NEWA INSURANCE DEFERRED UNPACKING CLAUSE

- B VERSION WORDING 核准日期及文號



Any loss of or damage to the goods hereby insured which cannot be found from the

external appearance of the original package shall be reported to this Company's

Agents for survey as soon as it is found upon unpacking the package, but not later than

___ days after arrival at Site.

In no case shall this Company be liable to pay any loss or damage reported to this

Company's Agents after the expiry of the said 90 days nor any loss or damage

occurring after the expiry of the cover under this policy.

In case of Non-Delivery of an entire package or original outer packing being found

broken at the time of the delivery of the goods to the Consignee's or Customer's

warehouse, the assured should take steps against responsible carriers or bailees in

337

accordance with the “IMPORTANT” Clause incorporated in this policy.

Further, in case of the latter damage, the assured should immediately give notice to

this Company's Agents for survey of the contents of the broken package.




商品名稱：TOKIO MARINE NEWA INSURANCE DEBRIS REMOVAL CLAUSE –D

VERSION WORDING 核准日期及文號



1. This insurance also covers extra expenses incurred by the Assured to remove and

dispose of subject-matter insured, or part thereof, which may be occasioned by a loss

or damage caused by any risks insured against.

2. However, in no event shall be liable for following cases;

(1) any expense or liability incurred in consequence of or to prevent or mitigate

pollution or contamination

(2) the cost of removal of cargo from any conveyances.

3. This Company shall not be liable under this Clause for more than ______- or the

equivalent in other currencies per any one accident.

4. The limit of liability of this Company with respect to the coverage shall be separate

from and in addition to any other limit of liability set forth in this policy.




商品名稱：TOKIO MARINE NEWA INSURANCE INSPECTION CHARGE CLAUSE 核准日期及文號



1. In case there should be a possibility of loss or damage covered by this policy during

the period of this insurance and this Company considers that the inspection and/or

survey are required, this Company covers any following extra costs the Assured is

forced to pay.

(1) inspection &/or survey fees and charges

(2) assortment &/or re-packing fees and charges

(3) costs and expense of returning &/or re-transport(including air freight and duty in

338

case duties are imposed)

(4) any other related costs

2. This Company shall not be liable under this clause for more than ________ or the

equivalent in other currencies per any one accident

3. The limit of liability of this company with respect to the coverage shall be separate





商品名稱：TOKIO MARINE NEWA INSURANCE EXPEDITING COST CLAUSE 核准日期及文號



1. Notwithstanding anything to the contrary contained herein, it is specially

understood and agreed that this insurance shall be extended to cover the following

extra costs reasonably incurred for the purpose of the timely delivery, in the event of

loss of and/or damage to the subject- matter insured caused by an insured peril.

(1) Extra cost of temporary repair, inspection and/or replacement of damaged


(2) Extra cost of expediting the repair, inspection and/or replacement of damaged


both include overtime wages, express freight &/or other rapid means of transportation.

2. This Company shall not be liable under this clause for more than _______ or

equivalent in other currencies per any one accident

3. The limit of liability of this Company with respect to the coverage shall be separate





商品名稱：TOKIO MARINE NEWA INSURANCE NON-SURVEY CLAUSE 核准日期及文號



Notwithstanding anything to the contrary contained in the Institute Cargo Clauses and

Important Clause, in case the claim amount is estimated to be not more than ________

or the equivalent in other currencies, the claims shall be paid upon the basis of the

339

statement with photograph prepared by the Assured of the particulars of loss of or

damage to the goods hereby insured, instead of a survey report.




商品名稱：TOKIO MARINE NEWA INSURANCE BRAND PROTECTION CLAUSE

- B VERSION WORDING 核准日期及文號



It is specially understood and agreed that if in the opinion of the Assured and this

Company, the subject-matter insured hereunder are unfit for marketing, subject to the

evidence of reasonable and technical report written by a responsible department of the

Assured to make judgment for the total loss, then such the subject-matter insured shall

be destroyed and this Company forgo the benefit of salvage, provided that the damage

is caused by the insured perils during the currency of the policy.




商品名稱：TOKIO MARINE NEWA INSURANCE SPECIAL TRANSIT CLAUSE 核准日期及文號



It is hereby understood and agreed that, notwithstanding anything contained herein to

the contrary (excepting coverage against War), this insurance attaches from the time

the goods are carried out of the warehouse in the interior and remains in force whilst

stored in intermediate warehouse or place of storage and thereafter continues whilst

the goods are stored and/or being installed and test running or dismantled and

terminates on the expiry of the period of ___ days after completion of discharge from

the overseas vessel or aircraft, wherever The Assured has an insurable interest.

During the period of coverage extended by this clause, this insurance shall not cover

(1) Loss, damage, expense or liability attributable to electrical and mechanical

derangement without evidence of damage to the insured goods proved by its external

appearance

(2) Loss, damage, expense or liability caused by defective design, material and/or

340

workmanship of the insured goods.

(3) Loss, damage, expense or liability either directly or indirectly attributable to

Japanese and California Earthquake unless in the ordinary course of transit.

Notwithstanding the foregoing, in case the goods and/or merchandise and/or property

Insured under this endorsement are covered by other insurance of the Assured, then

this endorsement shall be void to the extent that such other insurance is available.




商品名稱：TOKIO MARINE NEWA INSURANCE INLAND TRANSIT CLAUSE

(excluding Japan) 核准日期及文號



It is hereby understood and agreed that this insurance warranted against risks of loss

and/or damage while in inland transit by land, air, water or otherwise, irrespective of

extension of overseas shipment.




商品名稱：TOKIO MARINE NEWA INSURANCE VALUATION CLAUSE 核准日期及文號



1. Unless specifically provided for elsewhere in this policy, or instructions to the

contrary are given or received by the Assured, the goods and/or merchandise and/or

property insured under this policy shall be valued at the total amount of the invoice

issued to the consignee of the insured shipment (including all charges invoiced

therein), plus certain percentage below.

CIF, CIP, DDP and similar trading terms: Invoice + 10%

C&I and similar trading terms: Invoice + 15%

CFR and similar trading terms: Invoice + 15%

FOB, FCA, EXW and similar terms: Invoice + 20%

341

2. The goods and/or merchandise and/or property insured shall be valued unless

otherwise specifically provided 1. of this clause:

Sold Goods: Selling Price + 5%

Unsold Goods: Book Value + 5%

3.Insured goods and/ or merchandise and/or property including sample goods shipped

free of charge, or for an amount not reflective of their actual value, to or from the

Assured shall be valued as follows;

Replacement Cost + 20%

whether or not actually replaced.

4.Used goods, merchandise and machinery/mold insured under this policy shall be

valued as follows;

Actual Cost + 20%




商品名稱：TOKIO MARINE NEWA INSURANCE ACCUMULATION CLAUSE - D

VERSION WORDING 核准日期及文號



Should there be an accumulation of the interests insured hereunder beyond the limit(s)

of liability expressed elsewhere in this policy by reason of any interruption of transit

or circumstance beyond the control of the Assured’s corporate risk manager or

equivalent, or by reason of any casualty, or at a transshipping point, or on a connecting

conveyance, this Company shall, provided notice of such accumulation is given to this

Company as soon as practicable after it becomes known to the Assured’s corporate

risk manager or equivalent, hold covered such excess interest and shall be liable for

the full amount at risk, but in no event shall this Company’s liability exceed twice the

limit of liability set forth in this policy.




342

商品名稱：TOKIO MARINE NEWA INSURANCE FINAL INVOICE CLAUSE 核准日期及文號



It is agreed and understood that in respect of loss or damage, the settlement of claims

shall be made upon the basis of Final Invoice which is issued by overseas affiliated

company.




商品名稱：TOKIO MARINE NEWA INSURANCE RECOOPERING / REPACKING




1 In the event the packaging of the goods and/or merchandise and/or property

insured under this policy is damaged due to a risk insured against, this Insurer will pay

the cost of recoopering and/or the cost of new packaging.

2 In respect of packaging which falls outside the above provisions, it is agreed that

should the outer packaging be damaged from an insured risk which renders the insured

goods and/or merchandise and/or property unfit for on-shipment or distribution,

irrespective of the final destination shown herein, this Company will pay the expense

of reasonable repackaging, provided such damage occurred during the currency of this

insurance.




商品名稱：TOKIO MARINE NEWA INSURANCE GOVERNMENTAL DAMAGE




1 DELIBERATE DAMAGE - POLLUTION HAZARD:

This insurance is extended to cover, subject to the applicable insuring terms,

343

conditions and warranties set forth elsewhere in this policy, loss of and damage to an

insured shipment directly caused by a governmental authority acting for the public

welfare to prevent or mitigate a pollution hazard or threat thereof, provided that absent

the governmental action, the shipment would have sustained physical loss or damage

as a result of the occurrence which prompted the governmental action and would have

resulted, subject to the terms, conditions and warranties in this policy, in a claim

recoverable under this policy.

2 DELIBERATE DAMAGE - SERVICES:

This insurance also covers, notwithstanding the F.C. & S. warranty specified in this

policy, and subject to all other insuring terms, conditions and warranties set forth

elsewhere in this policy, physical loss of and damage to the shipment arising out of the

performance of inspection duties by customs service agents or other duly constituted

governmental agencies.




商品名稱：TOKIO MARINE NEWA INSURANCE DEMURRAGE CHARGES CLAUSE 核准日期及文號



If the Assured is directed by this Company to retain a container, trailer or rail car and

if the Assured is assessed a late penalty and/or demurrage charge for the holding of the

container, trailer or rail car past the return date, this Company will pay late penalties

and demurrage charges. The amount this Company will pay shall be the charges

assessed until such time as this Company and the Assured agree that the container,

trailer or rail car may be released.




商品名稱：TOKIO MARINE NEWA INSURANCE F.O.B., F.A.S., C.&F.

SHIPMENTS CLAUSE(excluding Japan) 核准日期及文號



1.This insurance is extended to cover and will attach to goods and/or merchandise

344

and/or property sold by the Assured on F.O.B., F.A.S., and C.& F. terms, or on similar

terms, whereby the Assured is not required to provide transit insurance, from the time

the goods and/or merchandise and/or property, or any portion thereof, depart from the

warehouse, store, factory, or other location at the initial point of shipment (including

while loaded in railroad cars while in or on private sidings prior to the issuance of the

railroad bill(s) of lading) and continuing thereafter until all of the goods and/or

merchandise and/or property are delivered alongside the overseas vessel or other

conveyance or loaded on board the overseas vessel or conveyance as per the terms of

sale.

2.It is agreed that the coverage provided under the terms of this Clause shall be subject

to the applicable terms, conditions and warranties set forth elsewhere in this policy.




商品名稱：TOKIO MARINE NEWA INSURANCE CLASSIFICATION CLAUSE 核准日期及文號



Article 1.

it is a condition of this insurance that at the inception of the period of this insurance

the Vessel is classed with a Classification Society agreed by the Underwriters.

Article 2.

The Underwriters shall not be liable to indemnify any loss or damage occurring

subsequent to the happening of the following, unless the Underwriters’ agreement in

writing to reinstate the cover is obtained after such circumstances have ceased to exist:

(l)change of the Classification Society of the Vessel to a Classification Society not

agreed by the Underwriters.

(2)withdrawal of her Class

(3)suspension or discontinuance of her Class

(4)any recommendations, requirements or restrictions imposed by the Vessel’s

Classification Society which relate to the Vessel’s seaworthiness not being complied

with by the dates required by that Society.

Article 3.

In the event of the case set out in the provision of Article 2(1) through Article 2(4)

happening, the Underwriters may cancel this insurance, Such cancellation shall take

effect therefrom only for the future. The right to cancel the contract shall cease to exist,

345

unless the Underwriters exercise it within 30 days from the date on which they

became aware of the circumstances giving rise to their right of cancellation.

Article 4.

Notwithstanding of any other provision of this insurance being in consistent with this

Article, when the Underwriters cancel this insurance in accordance with the provision

of Article 3, the Underwriters shall return the proportion of the premium for the

unexpired period of the insurance calculated on a pro rata daily basis as from the

following day of the day on which the contract has been cancelled.




商品名稱：TOKIO MARINE NEWA INSURANCE STANDARD CLAUSE FOR

REFRIGERATED CARGO (ALL RISKS-A) 核准日期及文號



Notwithstanding anything to the contrary contained herein (particularly Clause 5 of

the Institute Cargo Clauses (All Risks/A)), it is understood and agreed that this

insurance is against all risks of loss of or damage to the interest insured other than loss

or damage resulting from any variation in temperature howsoever caused, but this

insurance shall not be deemed to extend to cover loss, damage or expense proximately

caused by delay or inherent vice or nature of the subject matter insured.

Notwithstanding the above this insurance is extended to cover loss of, deterioration of

or damage to the interest insured resulting from any variation in temperature which is

attributable to:-

(a) Breakdown or stoppage of the refrigerating machinery for a period of not less

than 24 consecutive hours, or,

(b) Stranding, sinking, burning or collision of the vessel, craft or conveyance,or,

(c) Contact of the vessel, craft or conveyance with any external substance (ice

included) other than water, or,

(d) Fire or explosion, or,

(e) Discharge of the interest insured at a port of distress.

PROVIDED ALWAYS THAT:-

(i) It is a warranty of this insurance that the goods are in sound condition and

properly prepared packed and frozen at the time of attachment of the insurance.

346

(ii) It is a warranty of this insurance that 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.

(iii) 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 or unloading operations.

(iv) It is a condition of this insurance that 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.

(v) Claim against the carrier shall be immediately filed in writing; a copy of which

must accompany any claim presented under this insurance.

Claim recoverable hereunder shall be payable irrespective of percentage.





CLAUSES (A) 核准日期及文號



1. Duration

This insurance attaches from the time the goods leave the warehouse or place of

storage at the place named herein for the commencement of transit, continues during

the ordinary course of transit and terminates on completion of unloading after delivery

to the consignee’s or other final warehouse or place of storage at the destination

named herein.

2. Risks Covered

This insurance covers all risks of loss of or damage to the subject-matter insured

except as provided in Clause 3 below.

3. Exclusions


(1) loss damage or expense attributable to willful misconduct of the Assured.

(2) ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of


(3) loss damage or expense caused by insufficiency or unsuitability of packing or

347

preparation of the subject-matter insured.

(4) loss damage or expense caused by disobedience of the Assured to traffic

regulations about stowage of the subject-matter insured.

(5) loss damage or expense caused by inherent vice or nature of the subject-matter

insured.

(6) loss damage or expense caused by delay, even though the delay be caused by a risk

insured against.

(7) loss damage or expense arising from insolvency or financial default of the owners

managers charterers or operators of the vessel.

(8) loss damage or expense caused by war, civil war, revolution, rebellion, insurrection,

strikes, riots, civil commotions and any terrorist or any person acting from a political

motive.

(9) 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.

4. Benefit of Insurance

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

5. Duty of the Assured

(1) It is the duty of the Assured and their servants and agents in respect of loss

recoverable hereunder

a. to take such measures as may be reasonable for the purpose of averting or

minimizing such loss, and

b. to ensure that all rights against carriers, bailees or other third parties are properly


and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the

Assured for any charges properly and reasonably incurred in pursuance of these

duties.

(2) 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


6. Avoidance of Delay

It is a condition of this insurance that the Assured shall act with reasonable despatch in

all circumstances within their control.

7. Law and Practice

This insurance is subject to law and practice of the Republic of China.



348



CLAUSES (C) 核准日期及文號



1. Duration

This insurance attaches from the time the goods leave the warehouse or place of

storage at the place named herein for the commencement of transit, continues during

the ordinary course of transit and terminates on completion of unloading after delivery

to the consignee’s or other final warehouse or place of storage at the destination

named herein.

2. Risks Covered

This insurance covers loss of or damage to the subject-matter insured reasonably

attributable to, except as provided in Clause 3 below.

(1) Fire, lighting, or explosion

(2) Overturning, derailment of land conveyance or collision

(3) Collapsing or breaking down of road, railroad, tunnel, bridge, or overpass

3. Exclusions


(1) loss damage or expense caused by rain, snow, hail, typhoon, flood, earthquake,

pilferage and robbery.

(2) total loss or partial loss to the subject-matter insured by any action in bad intention

caused by anyone.

(3) loss damage or expense attributable to willful misconduct of the Assured.

(4) ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of


(5) loss damage or expense caused by insufficiency or unsuitability of packing or

preparation of the subject-matter insured.

(6) loss damage or expense caused by disobedience of the Assured to traffic

regulations about stowage of the subject-matter insured.

(7) loss damage or expense caused by inherent vice or nature of the subject-matter

insured.

(8) loss damage or expense caused by delay, even though the delay be caused by a risk

insured against.

(9) loss damage or expense arising from insolvency or financial default of the owners

managers charterers or operators of the vessel.

349

(10) loss damage or expense caused by war, civil war, revolution, rebellion,

insurrection,strikes, riots, civil commotions and any terrorist or any person acting

from a political motive.

(11) 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.

4. Benefit of Insurance

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

5. Duty of the Assured

(1) It is the duty of the Assured and their servants and agents in respect of loss

recoverable hereunder

(a) to take such measures as may be reasonable for the purpose of averting or

minimizing such loss, and

(b) to ensure that all rights against carriers, bailees or other third parties are properly

preserved and exercised. and the Underwriters will, in addition to any loss recoverable

hereunder, reimburse the

Assured for any charges properly and reasonably incurred in pursuance of these

duties.

(2) 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


6. Avoidance of Delay

It is a condition of this insurance that the Assured shall act with reasonable despatch in

all circumstances within their control.

7. Law and Practice

This insurance is subject to law and practice of the Republic of China.




商品名稱：American Yacht Form R12 核准日期及文號

103 年 10 月 20 日新安東京海上 103 商字第 0296 號

承保範圍

本保險承保標的物之船體損失、對第三人之責任及補償費用、公共運送意外、醫

療費用給付，但除外因扣押、拘留、逮捕、罷工暴動、海盜所致之損失，並適用

350

以下附加條款：

－American Institute Deliberate Damage - Pollution Hazard (Hull)

美國協會船體故意損害－汙染風險附加條款

－American Institute Increased Value and Excess Liabilities Clauses

美國協會增值及超額責任附加條款

－American Institute Hull War Risks and Strikes Clauses

美國協會船體戰爭及罷工險附加條款

－American Hull Insurance Syndicate War Risk Protection and Indemnity Clauses

美國船體保險辛迪卡兵險防護及補償附加條款

－Navigation Limitations for Hull, War, Strikes, Terrorism and Related Perils

Endorsement

船舶兵險、罷工、恐怖主義和相關風險航行限制批單附加條款

－Hull War, Strikes, Terrorism and Related Peril - Notice of Cancellation

Administration Clause

註銷管理通知附加條款－船舶戰爭、罷工、恐怖組織

－Institute Cyber Attack Exclusion Clause (10/11/03) CI. 380

電腦駭客除外附加條款

－Pilots Non-Liability Clause LSW 787.

船長免責附加條款

－Brokers Cancellation Clause

經紀人取消附加條款

－Continuity Credit Clause

續保減費附加條款

－Premium Payment Clause

保費繳付附加條款

不保事項

除外因扣押、拘留、逮捕、罷工暴動、海盜所致之損失。

－Sanctions Limitation and Exclusions Clause

制裁限制及除外附加條款


不適用。短期費率表或保費退費係數表

不適用。

商品名稱：INSTITUTE CONTAINER CLAUSE-TIME 核准日期及文號

103 年 12 月 23 日新安東京海上 103 商字第 0337 號

承保範圍

This insurance covers all risks of loss of or damage to the subject-matter insured,

except as provided in Clauses 4, 5, 6, 7 and 8 below.

Risks

Clause

351

This insurance covers general average salvage and salvage charges, adjusted or



except those excluded in Clauses 5, 6,7 and 8 or elsewhere in this insurance, For the

purpose of claims for general average contribution salvage and salvage charges

recoverable hereunder the subject-matter insured shall be deemed to be insured for its

full contributory value.

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.

The Underwriters shall only be liable under Clauses 1 and 2 above for loss of or

damage to the machinery of the container

4.1 when the container is a total loss (actual or constructive)

4.2 when such damage is caused by

4.2.1 fire or explosion originating externally to the machinery


4.2.3 overturning derailment or other accident to land conveyance or aircraft

4.2.4 collision or contract of vessel or craft with any external object other than water


不保事項



5.2 ordinary wear and tear, ordinary corrosion and rust, or gradual deterioration

5.3 mysterious disappearance, unexplained loss and loss discovered upon taking

inventory


insured

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

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

5.6 loss damages or expense arising from insolvency or financial default

5.7 loss damage or expense arising from unseaworthiness of vessel or craft,unfitness of

vessel craft or conveyance for the safe carriage of the subject-matter insured,where

the Assured or their servants are privy to such unseaworthiness or unfitness.






6.3 derelict mines torpedoes bombs or other derelict weapons of war

6.4 confiscation nationlisation requisition or pre-emption.

General

Average

Clause

“Both to

Blame

Collision”

Clause

Machinery

Clause

General

Exclusion

Clause

War

Exclusion

Clause

352



disturbances, riots or civil commotion




weapon of war employing atomic or nuclear fission and/or fusion or other like reaction




不適用。

商品名稱：INSTITUTE CONTAINER CLAUSE-TIME TOTAL LOSS,GENERAL

AVERAGE,SALVAGE,SALVAGE CHARGES,SUE AND LABOUR 核准日期及文號

103 年 12 月 23 日新安東京海上 103 商字第 0338 號

承保範圍

1.This insurance covers all risks of loss of total loss (actual or constructive) of the subject-matter insured except as provided in Clauses 4, 5, 6 and 7 below.

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 wear and tear , ordinary corrosion and rust, or gradual deterioration 4.3 mysterious disappearance, unexplained loss and loss discovered upon taking

inventory 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 4.9 loss damage or expense arising from

unseaworthiness of vessel or craft, unfitness of vessel craft conveyance container for the safe carriage of the

Strike

Exclusion

Clause

Nuclear

Exclusion

Clause

Risks

Clause

General

Average

Clause

"Both to

Blame

Collision"

Clause

General

Exclusions

Clause

353

subject-matter insured,where the Assured or their servants are privy to such unseaworthiness or unfitness

5.In no case shall this insurance cover loss damage or expense caused by 5.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or

any hostile act by or against a belligerent power 5.2 capture seizure arrest restraint or detainment (barratry and piracy excepted), and the

consequences thereof or any attempt thereat 5.3 derelict mines torpedoes bombs or other derelict weapons of war

confiscation nationalisation requisition or pre-emption.

6.In no case shall this insurance cover loss damage or expense 6.1 caused by strikers, locked-out workmen, or persons taking part in labour

disturbances, riots or civil commotions 6.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions 6.3 caused by any terrorist or any person acting from a political motive.

7.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 like reaction or radioactive force or matter.



不適用。

商品名稱：Payment of Claim Clause 核准日期及文號

104 年 02 月 02 日新安東京海上 104 商字第 0030 號

承保範圍

Loss, if any, shall be payable to the Assured, or order, or to proper holders of the

Insurance Policy or Declaration issued hereunder.



不適用。

商品名稱：Overland Transportation Cargo Insurance Clause (All

Risks) - Train 核准日期及文號

104 年 02 月 02 日新安東京海上 104 商字第 0031 號

承保範圍

This insurance covers All Risks of loss of or damage to this insured goods whether

partial or total, arising from external causes in the course of transit.

不保事項

War

Exclusion

Clause

Strikes

Exclusion

Clause

Nuclear

Exclusion

Clause

354

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

arising from:

1 The intentional act or fault of the Insured

2 Falling under the liability of the consignor.

3 The quality or shortage of the insured goods prior to the attachment of this

insurance.

4 Normal loss, inherent vice or nature of the insured goods, loss of market and /or

delay in transit and any expenses arising therefrom.

5 5.1 War civil war revolution rebellion insurrection, or civil strife arising therefrom,


5.2 Capture seizure arrest restraint or detainment , and the consequences thereof or

any attempt thereat

5.3 Derelict mines torpedoes bombs or other derelict weapons of war.

6 6.1 Strikers, locked-out workmen, or persons taking part in labour disturbances, riots

or civil commotions

6.2 Strikes, lock-outs, labour disturbances, riots or civil commotions

6.3 Any terrorist or any person acting from a political motive.



不適用。

商品名稱：Overland Transportation Cargo Insurance Clause

(Named Perils Only) - Train 核准日期及文號

104 年 02 月 02 日新安東京海上 104 商字第 0032 號

承保範圍

This insurance covers:

1) Total or partial loss of or damage to the insured goods caused in the course of

transportation by

natural calamities-windstorm, lightning, earthquake, flood, or by accidents-collision,

overturning or

derailment of the conveyance, including grounding, stranding, sinking or collision of

the craft in case

crafts are employed and/or collapse of tunnel, landslide, fire, explosion.

2) Reasonable cost incurred by the Insured in salving the goods or averting or

minimizing a loss

recoverable under the Policy, provided that such cost shall not exceed the sum insured

of the

consignment so saved.

不保事項

355

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

arising from:

1. The intentional act or fault of the Insured.

2. Falling under the liability of the consignor.

3. The quality or shortage of the insured goods prior to the attachment of this

insurance.

4. Normal loss, inherent vice or nature of the insured goods, loss of market and/or

delay in transit and

any expenses arising therefrom.

5. 5.1. War civil war revolution rebellion insurrection, or civil strife arising therefrom,

or any hostile act

by or against a belligerent power.

5.2. Capture seizure arrest restraint or detainment, and the consequences thereof or

any attempt

thereat.

5.3. Derelict mines torpedoes bombs or other derelict weapons of war.

6. 6.1. Strikers, locked-out workmen, or persons taking part in labour disturbances,

riots or civil

commotions.

6.2. Strikes. Lock-outs, labour disturbances, riots or civil commotions.

6.3. Any terrorist or any person acting from a political motive.



不適用。

商品名稱：General Average Clause 核准日期及文號

104 年 02 月 02 日新安東京海上 104 商字第 0033 號

承保範圍

This insurance covers general average and salvage charges, adjusted or determined

according to the contract of affreightment and/or the governing law and practice, (or,

if there is no contract of affreightment, according to Foreign Statement or to

York-Antwerp Rules) incurred to avoid or in connection with the avoidance of loss

from any cause except those specifically excluded here from.

For the purpose of claims for general average contributions and salvage charges

recoverable hereunder，the subject-matter insured shall be deemed to be insured for its

full contributory value.


不適用。

356


不適用。

商品名稱：Cover Risk Of Loading, Unloading, Lifting, Hoisting

And Transshipments Clause – All Risks 核准日期及文號

104 年 02 月 02 日新安東京海上 104 商字第 0034 號

承保範圍

The risk of unloading, loading and lifting, hoisting goods and transshipment 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 unloading, loading and

lifting, hoisting goods and transshipment 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.



不適用。

商品名稱：Shipper’s Interest Insurance Clause 核准日期及文號

104 年 02 月 02 日新安東京海上 104 商字第 0035 號

承保範圍

This insurance attaches from the time each shipment leaves the insured’s factory or

warehouse and continues during the ordinary course of inland transit, including 7 days

of storage at the port warehouse awaiting to be loaded on board an overseas vessel,

and terminates.

(A) Until the said shipment leaves the warehouse at any port of Taiwan, provided that

the trade term is on CIF or C&I basis, or

(B) Upon the said shipment being safely loaded on board an overseas vessel at any

port of Taiwan, provided that the trade term is on FOB or C&F basis.

All risks clauses: This insurance is against all risks of loss or damage to the

subject-matter insured but shall in no case be deemed to extend to cover loss as

provided in exclusions below.

不保事項

(A) Loss of use or loss of market.

(B) Loss or damage caused by or resulting from delay or inherent vice or nature of the

subject-matter insured.

(C) Loss or damage resulting from inadequate packing or improper preparation for

shipments.

(D) Loss due to unexplained or mysterious disappearance.

357

(E) Loss of weight, rotted, soured, rusted, discoloured, changed in flavor, inset or

spontaneous combustion due to the nature of property insured.

(F) Loss or damage to the shipment while stored in any warehouse or other buildings

but excluding temporary storage, if necessary in ordinary course of transit.

(G) Loss or damage caused by or resulting from wilful act or gross negligence of the

insured.

(H) Loss or damage caused by or resulting from the insured’s or his employee’s

unlawful act, driving without license or driving under the influence of drugs of

alcohol.

(I) Loss or damage caused by or resulting from over-loading, loading in violation of

regulations or over-speed of carrying facilities.

(J) Loss or damage caused by or resulting from invasion of enemy, war (whether

declared or not), warlike operation, rebellion, civil war, forceful occupation,

requisition or pre-emption, military exercise or training, whether such loss be direct or

indirect.

(K) Loss or damage directly or indirectly caused by or resulting from strikes, riots,

civil commotions and any terrorist or any person acting from a political motive.

(L) Loss or damages caused by or resulting from nuclear reaction or nuclear radiation

or radioactive contamination, whether such loss be direct or indirect.



不適用。

商品名稱：Automatic Cover Clause 核准日期及文號

104 年 02 月 02 日新安東京海上 104 商字第 0036 號

承保範圍

This Open Policy automatically covers all shipments and/or sendings of approved

cargo consigned to the Assured and/or consignee whenever the Insured has an

insurable interest at the time of loss, but excluding the shipments and/or sendings

which are also insured by other marine insurance policy.



不適用。

商品名稱：Special Terms and Conditions for Insurance of Removal

Goods 核准日期及文號

358

104 年 02 月 02 日新安東京海上 104 商字第 0037 號

承保範圍

2.1 Removal goods are deemed to be any objects generally perceived to be effects

found in households or offices.

2.2 The insurance cover does not extend to

2.2.1 animals, plants, jewelry and precious stones, pearls, bank notes and coins,

precious metals, securities and documents,

2.2.2 foods and luxury foodstuffs.

不保事項

The Insurer is not liable to indemnify the Insured for losses caused by detachment of

glue, scratching, grazing, chafing, denting and cracking of polish, chipping of enamel,

rust, oxidation, damage to filaments in tubes and lighting equipment, malfunctioning

of clocks, radios, televisions and other such apparatus, devices or instruments unless

it can be proved by the Insured that the loss or damage was the direct consequence of

an insured peril.



不適用。

商品名稱：Tokio Marine Newa Insurance Marine Hull Insurance -

Crew's Operation Accident Policy 核准日期及文號

104 年 02 月 17 日新安東京海上 104 商字第 0073 號

承保範圍

此部分說明本保險契約所承保之範圍包括意外死亡、暫時殘障失能、意外事故所

付出之醫療費用、燒燙傷以及 ACE 保險服務協助等，並依據各給付項目設定等

級給付表，依其等級表之分類給付予受益人。

不保事項

本保險契約對於被保險人直接或間接因下列事由所致之死亡、殘廢不負給付保險

金之責任：

一、被保險人之故意行為。

二、戰爭(不論宣戰與否)、內亂及其他類似的武裝變亂。

三、被保險人被 HIV、AIDS 或 ARC 等病毒感染。

四、被保險人被酒精或藥物影響而上癮。

五、或由於第六項所間接導致之損失。

六、被保險人為避免身體傷害或減低基於本保險契約所能請求之賠償所為之所有

合理之作為。

七、被保險人用於治療所支出之費用。

八、其他。


359


不適用。

商品名稱：Tokio Marine Newa Insurance Refrigeration Insurance

Clause 核准日期及文號

104 年 02 月 17 日新安東京海上 104 商字第 0074 號

承保範圍

承保貨物因溫度變化所致之損失。

不保事項

非溫度變化所致之損害及因貨物延遲所致損害。



不適用。