雇主责任保险条款(英文版)

EMPLOYER’S LIABILITY INSURANCE CLAUSESⅠ. PARTIES TO BE INSURED1.Enterprises including but not limited to foreign-invested enterprises, private enterprises, domestic stock companies, state-owned enterprises, non-profit enterprises, collective enterprises and collectively or privately contracted enterprises, and also public organizations, government institutions, schools, are all entitled to applying to China Continent Property & Casualty Insurance Company Limited(hereinafter referred to as the "Insurer") to insure against their legal liability to their employees (regular workers, casual labor, temporary and seasonal workers and apprentices included) subject to the terms and conditions of this Policy.2.The aforesaid employees of the Insured refer to those who are paid for a certain or uncertain period of employment by the Insured and over the age of sixteen or to those approved to be employed by statutes and other legal means.Ⅱ. COVERAGE3.The Insurer will indemnify the Insured against his liability under the contract of employment and at laws and regulations of the People′s Republic of China to pay medical expenses and other economic compensations within the agreed limit of indemnity in respect of death or bodily injury or disablement by accident or through occupational disease, to his employee(s) while, during the effective period of this insurance and in the course of employment (including to and off work) by the Insured, being engaged in the Insured′s business as stated in this Policy.The Insurer will also indemnify the Insured within the agreed sub-limit against defense costs payable by the Insured to the claimant, and other legal costs and expenses incurred with the written consent of the Insurer.Within the period of insurance, the maximum amount of indemnity by the Insurer for all and each item(s) mentioned hereinabove shall in no case exceed the aggregate limit of indemnity as stated in the Policy Schedule.Ⅲ. EXCLUSIONS4.The Insurer shall not be liable for:1) Death, diseases, disability or bodily injury sustained by the Insured′s employee(s) named in the Schedule in the course of employment by the Insured, arising from war, military actions, strikes, riots, civil commotion or nuclear radiation;2) Bodily injury and/or disability to, or death of the employee(s) in the course of employment by the Insured, caused by or attributed to illness other than occupational diseases, infectious diseases, childbirth , abortion , medical treatment and surgical operations necessitated by such diseases;3) Bodily injury and/or disability to, or death of the employee(s) in the course of employment by the Insured, caused by or attributed to intentional self-injury, suicide and criminal act;4) Bodily injury and/or disability to, or death of the employee(s) in the course of employment by the Insured, caused by or attributed to alcohol or drug not necessitated by the aforesaid occupation;5) Intentional act or gross negligence of the Insured;6) The Insured′s liability to employees of contractors to the Insured, unless otherwise stated;7) Bodily injury and/or disability to, or death of the employee(s) in the course of employment by the Insured, occurring outside the territorial limit of the People’s Republic of China, unless otherwise stated;8) Other losses and expenses not included in the Coverage of this Policy.Ⅳ. LIMIT OF INDEMNITY5.The limit of indemnity refers to the agreed maximum amount of indemnity payable by the Insurer to the Insured for losses or damages sustained by the Insured’s employee(s) in respect of any occurrence within the Coverage of this Policy.Ⅴ. PREMIUM6.An appropriate premium rate for the Insured shall be ascertained by the Insurer with a view of the exposures and Rating Table. The Limit of Indemnity multiplied by the Rate makes the due premium.Ⅵ.PERIOD OF INSURANCE7.The insurance period of this Policy is one year, as from 0:00 on the day of inception to 24:00 on the day of expiration. This Policy shall be renewed on the expiry date.Ⅶ. TREATMENT OF CLAIM8.When lodging a claim against the Insurer, the Insured shall provide the original Policy, the relevant Proof of Accident, Medical Report issued by medical organization(s) recognized by the Insurer, Original receipt of medical expenses and any other necessary and effective documents required by the Insurer. The Insurer shall as soon as possible examine all these documents, settle the claim and effect payment within 10 days from the date when the amount of indemnity is mutually agreed upon.9.In the event of occurrence falling within the Coverage during the period of Insurance, the Insurer shall, in the manners as follows, indemnify the Insured against his liability for the death of, bodily injury and disablement to the employee(s), specified in the Name List provided by the Insured:1) In respect of death, Permanent Full Disablement/Permanent Partial Disablement: The total amount of indemnity shall be calculated by multiplying the percentage set forth in the attached Indemnity Scale of the Policy by the limit of indemnity for death, bodily injury and disablement respectively.2) In respect of Temporary Disability for a period exceeding 5 days (the first five days not included): During this period, as certified by the hospital, the professional injury subsidy per person per day shall be in accordance with the minimum living expenses stipulated by the local government. Such subsidy shall be terminated once the medical treatment is completed or the extent of disablement is ascertained. But in no case shall the period of indemnity exceed one year. If permanent full or partial disablement is ascertained by medical organization(s), the indemnity shall be calculated according to the above section 9. 1). The total amount payable, including injuryallowance/subsidy, shall not exceed the Limit of Indemnity for death or bodily injury stipulated in the Schedule of this Policy.3) In respect of Medical Expenses: the Insurer shall pay the expenses for registration, treatment, operation, sickbed, examination (with a limit of RMB300 Y uan), and medicines at public expenses as stipulated by the government. But such expenses shall not include those for tending, food, nutrition, transportation, heating, air conditioning and artificial limb, tooth, eye and other supporting utensils for disabled persons. Except in the case of emergency, the injured employees should be treated in the hospitals at or above the county level or appointed by the government or the Insurer.Remarks:The amount of indemnity payable to the Insured for each of his employee under each section of Article 9 hereinabove shall not exceed his liability at law or under the contract of employment, and in no case exceed any sub-limit of indemnity for any one person as indicated in the Schedule of this Policy.The employees of the Insured shall not have compensations both for death and bodily injury in respect of any one occurrence. The indemnity limit of medical expense payment and that to death or bodily injury payment shall be applied severally.10.If a claim arises under this Policy while there is in existence of any other insurance covering the same liability, the Insurer shall only be liable for his proportion of the claim for medical expenses, injury subsidy, and the defense costs, no matter whether any payment has been made under other insurance. If the actual number of the employees exceeds the number indicated in the Schedule of the Policy, the Insurer shall only be liable to pay the claims for listed employees if the names of the employees insured are listed in the Policy, or to pay such proportion of the claim as the number of the employees indicated in the Schedule bears to the actual number of the employees, unless otherwise agreed by the Insurer if necessary.11.The effective period of time for lodging any claim: two years, commencing from the date of occurrence of the accident.Ⅷ. OBLIGATIONS OF THE INSURED12.The Insured and his representative(s) shall give true and detailed answers and/or descriptions to the questions in the Proposal and Questionnaire or to any other question raised by the Insurer.13.The Insured shall pay to the Insurer in due course the agreed premium in the manner as specified in the Schedule of the Policy.14.The Insured shall take all reasonable precautions to prevent accident by strengthening safety management and complying with all statutory regulations and safety operation procedures. In the event of any occurrence of accident, the Insured shall take all necessary and reasonable measures to minimize the loss.15.The Insured shall notify the Insurer in writing within five (5) days if there has any material change of the subject insured in the Proposal and/or the Schedule of the Policy, and the premium would be readjusted by the Insurer accordingly. Otherwise, the Insurer shall not be liable for any claim resulting therefrom.16.In the event of any occurrence which gives or might give rise to a claim under this Policy, the Insured or his representative shall:1) Notify the Insurer immediately and within seven (7) days or any further period as may be agreed by the Insurer in writing, furnish a written report to indicate the course and probable reason of the accident, the extent of loss or damage, and assist the Insurer in investigating the accident;2) Make no admission, offer, promise, or express of payment without prior consent of the Insurer. Otherwise, the Insurer will not be liable;3) Give immediate notice in writing to the Insurer whenever having knowledge of any impending prosecution in connection with any accident for which there may be liability under this Policy against him, and forward to the Insurer every letter, writ, summon or process or other legal documents on receipt thereof. The Insurer shall be entitled to lodging a lawsuit or pursue recovery in the name of and on behalf of the Insured, and the Insured shall make every effort to render all necessary assistance.17.If the Insured fails to fulfill any of his obligations as stipulated in Clause 12 to Clause 16, the Insurer will be entitled, at his discretion, either to repudiating any liability under the Policy or to canceling this Policy by written notice.Ⅸ. GENERAL CONDITIONS18.Policy EffectThe due observance and fulfillment of the terms and conditions of this Policy in so far as they relate to anything to be done or complied with by the Insured shall be a condition precedent to any liability of the Insurer under this Policy.19.Policy TerminationThis Policy shall be automatically terminated if the insurable interest of the Insured is lost. After termination of the Policy, the premium shall be refunded to the Insured calculated on pro rata daily basis for the period from the date of termination to the date of expiry.20.Policy CancellationThis Policy may be cancelled at any time at the request of the Insured in writing or at the option of the Insurer by giving a fifteen (15) days prior notice to the Insured. In the former case the Insurer shall retain a premium calculated on short-term rate basis for the time the Policy has been in force while in the latter case such premium shall be calculated on pro rata daily basis.21.Forfeit of BenefitIf the claim is in any respect fraudulent, or if any fraudulent means or devices are used by the Insured or his representative to obtain any benefit under this Policy or if any loss or damage is occasioned by the intentional act or in the connivance of the Insured or his representative, then inany of these cases, all the rights and benefits of the Insured under this Policy shall be forfeited, and all consequent losses arising therefrom including the amount of claim paid by the Insurer shall be indemnified by the Insured.22.SubrogationWhere a third party shall be held responsible for the loss or damage covered under this Policy, the Insured shall, whether being indemnified by the Insurer or not, take all necessary measures to enforce or reserve the right of recovery against such third party, and upon being indemnified by the Insurer, subrogate to the Insurer all the right of recovery, transfer all necessary documents to and assist the Insurer in pursuing recovery from the responsible party.23.DisputeRegarding the dispute arising out of this insurance, the contracting parties are obliged to choose and specify in the contract one of the following two dispute settlement means:1) Should any dispute arise under this Policy, the contracting parties shall settle the dispute through negotiation. In case no agreement is reached, such dispute should be submitted to arbitration committee for arbitration.2) Should any dispute arise under this Policy, the contracting parties shall settle the dispute through negotiation. In case no agreement is reached, either party may file a lawsuit on the People’s Court.24. JurisdictionThis Policy shall be governed by the laws of the People’s Republic of China.。