FIRE INSURANCE CLAUSES.docx

1、FIRE INSURANCE CLAUSESFIRE INSURANCE CLAUSES (2009 VERSION)GENERAL PROVISIONArticle 1 The Insurance Contract incorporates the Insurance Clauses, Proposal Form, Policy or Certificate, and Endorsements (if any). Any agreement related to the Insurance Contract shall be in written form.PROPERTY INSUREDA

2、rticle 2 The property insured shall include the following property contained in the premise(s) specified in the Policy:2.1 property belonging to the Insured solely or jointly with others for which the Insured is responsible; 2.2 property under management, control, and/or in the custody ofthe Insured

3、; 2.3 other property in which the Insured has an economic interest legally admitted.Article 3 The following property shall not be insured by this Policy, unless otherwise specifically agreed between the Insurer and the Insured and with insured value stated in this Policy:3.1 gold, silver, pearls, di

4、amonds, jades, jewelry, ancient coins, antiques, ancient books, ancient paintings, stamps, works of art, works of painting and calligraphy, rare metals and the like; 3.2 embankments, water gates, railways, roads, culverts, tunnels, bridges, docks and piers;3.3 plants, equipments and materials in min

5、es or mineral pits;3.4 mobile communication devices, portable computers, portable photographic apparatus, and other portable devices or equipments;3.5 construction or erection works not taken over or put into service.Article 4 The following items and articles are not insured by this Policy:ticle ach

6、ment(ter _4.1 land, mineral resources, water and other natural resources;4.2 mines and mineral pits；4.3 banknotes, coupons, securities, magnetic and integrate circuit (IC) cards with cash value and the like; 4.4 Files and documents, account books, drawings, technical data, computer software or data,

7、 and other properties of which the value could not be appraised; 4.5 guns, ammunitions or explosives;4.6 illegal or dilapidated buildings and structures, properties illegally occupied;4.7 vehicles licensed for general transport use;4.8 animals, plants, trees and growing crops._SCOPE OF COVER Article

8、 5. Subject to the terms, exclusions, conditions and provisions contained in the Policy or endorsed thereon, the Insurer shall indemnify the Insured for direct physical loss of or damage to the property insured (physical loss or damage being hereinafter termed Damage) caused by the following perils

9、which occur during the period of insurance:5.1. Fire;5.2. Explosion;5.3. Lightning stroke;5.4. Falling of flying objects or other objects moving in air.The Insurer shall also indemnify the Insured for physical loss of or damage to the property insured resulting from necessary and reasonable measures

10、 taken at the time of the happening of perils insured against by this Policy for the purpose of preventing or diminishing imminent damage to property hereby insured and/or preventing the spread and/or aggravation of loss or damage.Article 6 Subject to the terms, conditions and exclusions contained h

11、erein or endorsed hereon, the Insurer shall also indemnify the Insured in respect of costs and expenses necessarily and reasonably incurred for the purpose of preventing or mitigating the loss of or damage to the property insured after the occurrence of an insured event.EXCLUSIONSArticle 7 _itigatin

12、g the loss of the property insured.incurred after the occurrence of the insured event for the purpose of preventing or mrticle its;_The Insurer shall not indemnify the Insured in respect of any loss, damage, or expenses resulting from:7.1 willful act or gross negligence of the Applicant or the Insur

13、ed or his representative;7.2 governmental or judicial actions;7.3 war and warlike operation, hostilities, armed conflicts, strike, riot, civil commotion, coup dtat, conspiracy insurrection, terrorism;7.4 earthquake, tsunami and secondary disasters so caused; 7.5 nuclear radiation, nuclear fission, n

14、uclear fusion, nuclear pollution or contamination and other radioactive pollution or contamination;7.6 pollution of atmosphere, soil, water and other non-radioactive pollution, except non-radioactive pollution caused by perils hereby insured.7.7 inherent vice or latent defect of the property insured

15、, wear and tear of the property insured, changes in atmosphere (climatic or temperature) conditions, changes in normal water level or any other progressively operating causes; changes in substance, mould, humidity, mice, insects or vermin, birds, oxidation, rust, leakage, spontaneous combustion, bak

16、ing;7.8 rainstorm, flood, windstorm, cyclone, hailstorm, typhoon, hurricane, snowstorm, ice slush, sandstorm, sudden landslide, avalanche, mud-rock flow, sudden subsidence of ground;7.9 water tank and pipe burst;7.10 theft, burglary or robbery.Article 8 The Insurer shall not be liable for:8.1 conseq

17、uential loss of the property insured arising from an event insured;8.2 loss of or damage to the outside ancillary devices of building such as advertising signs, antenna, neon lights, solar energy equipment and other property insured stored in the open or in the simple building and the loss of or dam

18、age to the simple building itself, caused by the lightning;8.3 loss of or damage to the boilers or other pressure vessels themselves caused by their own explosion;8.4 any loss or expenses caused by failure of public utilities, such as electricity, gas, water supply or other energy sources, due to an

19、y causes;8.5 the deductible(s) stated in the Policy.Article 9. The Insurer shall not be liable for any other loss, damage or expenses arising from any other perils not stated in Article 5 and 6 of this Policy.INSURED VALUE, SUM INSURED, AND DEDUCTIBLEArticle 10 The insured value of the property insu

20、red, which can be either the reinstatement value, the book value, the market value or other values at the time of the happening of Damage, shall be agreed upon between the Applicant and the Insurer and stated in the Policy. Article 11 The sum insured, which shall be determined by the Applicant accor

21、ding to the insured value and stated in the Policy, shall not exceed the insured value. The part of sum insure in excess of the insured value is deemed to be invalid, and correspondingly the premium of such part in excess shall be returned to the Applicant.Article 12 The deductible shall be agreed b

22、etween the Applicant and the Insurer when entering into the insurance contract and specified in the Policy.PERIOD OF INSURANCEArticle 13 Unless otherwise agreed, the period of insurance shall be one year subject to the inception and expiration date as stipulated in the Policy.OBLIGATIONS OF THE INSU

23、RERArticle 14 In case of application of standard clauses, the Insurer shall enclose them in the Proposal Form and explain the contents of the insurance contract to the Applicant. For the clauses exempting the Insurers liability, the Insurer shall make remarkable notice in the Proposal Form, Policy o

24、r other certificates to draw the Applicants attention, and explain them clearly in written or oral form when entering into the contract. Otherwise, such clauses shall be void. Article 15 The Insurer shall issue the Policy or other certificates in a timely manner after the establishment of an insuran

25、ce contract Article 16 The Insurers right to cancel the Policy as stated in Article 20 is void if not exercised by the Insurer within thirty days after his acknowledgement of any causes for cancellation of this Policy. After two years from the establishment of the insurance contract, such right to c

26、ancel the Policy is also void and the Insurer shall be liable for Damage insured by this Policy.If before the establishment of the insurance contract, the Insurer is aware of the Applicants misrepresentation or non-disclosure, the Insurer cannot cancel the Policy, and still shall be liable for Damag

27、e insured by this Policy.Article 17 If the Insurer believes that the proofs and documents provided by the Insured, as required in Article 26, are not sufficient, the Insurer shall request the Applicant and/or the Insured to provide additional materials in time and once for all.Article 18 Upon receip

28、t of a claim, the Insurer shall confirm whether the Damage is covered by this Policy or not in a timely manner. For complicated cases, the Insurer shall make decision within thirty days, unless otherwise stipulated in the insurance contact.The Insurer shall notify the Insured of the decision in a ti

29、mely manner. If the Damage is covered by this Policy, the Insurer shall make payment within ten days after reaching an agreement with the Insured. If the time limit for indemnity is specifically stipulated in the insurance contact, the Insurer shall make payment within such time limit. If the Damage

30、 is not covered by this Policy, within three days after the decision, the Insurer shall issue a declination letter and explain the reasons to the Insured. Article 19 The Insurer shall allow an advance payment that can be determined by the available proofs or documents if the final settlement amount

31、cannot be determined within sixty days after receipt of such claim and relevant documents, and pay the balance to the Insured after the final amount of indemnity is adjusted.OBLIGATIONS OF THE APPLICANT AND/OR INSUREDArticle 20 Before entering into an insurance contract, the Applicant shall make full and accurate representation and disclosure at the request and/or inquiry of th