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promptly营业中断险附加险条款(英文)

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2021-01-21 04:40
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2021年1月21日发(作者:周良辅)
PICC Property and Casualty Company Limited
Additional Clauses for Business Interruption Insurance

The
following
clauses
are
the
Additional
Clauses
for
Business
Interruption
Insurance
Policy
(2009
Version),
which
is
hereinafter
called
Policy.
The
terms
,
conditions and exclusions of the Policy shall apply except to the extent that they
are
expressly
varied
by
the
Additional
Clauses.
Any
one
of
the

Additional
Clause(s) could be chosen by the Applicant to be attached to and forming part of

the Policy.

1.

Extension Clauses
K01. Scope of Cover

A


K06. Denial of Access

(A)
K07. Denial of Access

(B)

K08. Murder, Infectious Disease, and Food Contamination Extension
K09. Murder, Infectious Disease, and Food Contamination Extension
K10. Murder, Infectious Disease, and Food Contamination Extension
K11. Infectious Disease Extension

K12. Closure of Operation Facility

K13. Public Utilities Extension

(A)
K14. Public Utilities Extension

B


K15. Loss of Book Debts


K16. Suppliers Extension

( A)
K20. Customers/Suppliers /Contractors


K21. Unnamed Suppliers/Customers

K22. Bomb Scare (only applied to PDBI)

K23. Government action

(Not exceeding __ consecutive weeks)

K24. Public Authority Extension
K33. Departmental extension

K34. Au
ditor’s
Fees

K35.
Accountant’
s/Auditor

s Fees

K36. Errors & Omissions


A


K37. Errors & Omissions


B



2.

Restriction Clauses
X01. War and Terrorism Exclusion

X02. IT Clarification

X03. Total Asbestos Exclusion
X04. Mold & Fungi Exclusion
(A)
(B)
(C)



X05. Y2K EXCLUSION CLAUSE


3.

Clarification Clauses
G01. Designation

G02. Premium Adjustment

G03. Premium Adjustment

G04. Increase in Cost of Working


G05. Output

Business

G07. Monthly Payment on Account


G08. Payment on Account

G09. Gross Profit Difference Basis
G13. Inclusion of All Turnover


G14. Uninsured Standing Charges


G15. Accumulated Stocks

G16. Breach of Condition and Warranty

G21. Automatic Reinstatement of Sum Insured


G22. __
Days’ Cancellation


G23
. __Days’ Notify Cancella
tion or Refuse to Renewal

G24. Nomination of Loss Adjuster

G28. Co-Insurance

G32. Waiver of Subrogation

(A)

1.

Extension Clauses
K01. Scope of Cover

A


It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium, the Insurer shall indemnify the Insured in respect of loss of Gross Profit resulting from
interruption
of
or
interference
with
the
business
at
the
premises
in
consequence
of
physical
damage to the property used in business operation caused by perils or hazards covered under the
Physical Damage Insurance during the period of insurance.

Provided that the Insurer shall not be liable for any loss due to causes as following:

1.

willful act and/or gross negligence of the Applicant and/or the Insured; and/or
2.

earthquake or tsunami and/or secondary disasters so caused; and/or
3.

strike, riot, civil commotion, malicious damage an/or act of terrorism; and/or
4.

confiscation, temporary or permanent requisition by order of the government de jure or
de facto or by any public authority; and/or
5.

nuclear radiation, nuclear fission, nuclear fusion, nuclear pollution or contamination and
other radioactive pollution or contamination; and/or
6.

pollution of atmosphere, soil, water and other non-radioactive pollution; and/or
7.

other exclusions which agreed by the Insurer and the Insured.

This Clause is subject otherwise to the terms, Conditions and Exclusions of this Policy.

K06. Denial of Access

(A)
It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,
loss
as
insured
by
this
Policy
resulting
from
interruption
of
or
interference
with
the
business
in
consequence
of
the
damage
(as
within
define)
to
property
in
the
vicinity
of
the
Premises which shall prevent or hinder the use thereof of access thereto, whether the Premises
or property of the Insured therein shall be damaged or not, shall be deemed to be loss resulting
from damage to property used by the Insured at the Premises.

This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.


K07. Denial of Access

(B)

It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,
loss
as
insured
by
this
Policy
resulting
from
interruption
of
or
interference
with
the
business
in
consequence
of
the
damage
(as
within
define)
to
property
in
the
vicinity
of
the
Premises which shall prevent or hinder the use thereof of access thereto, whether the Premises
or property of the Insured therein shall be damaged or not, shall be deemed to be loss resulting
from damage to property used by the Insured at the Premises.

Provided, however, that the Insurer shall not be liable for any loss if the aforesaid prevention of
the use of the premise or the hinder of the access thereto is contributed to the failure of gas
and/or
water
supply
in
the
vicinity
of
Insured
premises
resulting
from
the
property
damage
thereof.

The indemnity limit under this clause shall not exceed the relevant sub limits stated in the Policy.

This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.


K08. Murder, Infectious Disease, and Food Contamination Extension Clause (A)
It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium, this Policy is extended to cover loss as insured hereunder resulting from interruption of
or interference with the Business carried on by the Insured at the Premises in consequences of:

1. Murder or suicide occurring at the Premises stated in the Policy;
2. Closure &/or quarantine of the Premises stated in the Policy by order of a competent public
authority due to Notifiable Infectious Disease manifested by any person at the Premises;
3.
Closing
of
the
whole
or
part
of
the
premises
by
order
of
a
competent
pulblic
authority
consequent upon defects in the drains and other sanitary facilities at the Premises stated in the
Policy.
4. Injury or illness sustained by any guest arising from spoilage of or infectious matter in food or
drinks provided at the Premises stated in the Policy.

In respect of each and every occurrence of the damage giving rise to a claim under this Clause,
the Insurer shall not be liable for the first seventy- two (72) hours of such loss.

It is a condition precedent to any liability of the Insurer that the Insured shall observe and fulfill
relevant laws, regulations and requirements on security, sanitation and health, and shall exercise
due diligence to avoid the occurrence of the contingencies aforementioned.

The indemnity limit under this clause shall not exceed the relevant sub limits stated in the Policy.

This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.

K09. Murder, Infectious Disease, and Food Contamination Extension

(B)
It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium, this Policy is extended to cover loss as insured hereunder resulting from interruption of
or interference with the Business carried on by the Insured at the Premises in consequences of:

1.
The
cancellation
of
or
inability
to
accept
bookings
for
accommodation
at
the
premises
as
a
result of an outbreak of an infectious or contagious disease occurring at the Premises;
2. Murder or suicide occurring at the Premises;
3. Injury or illness sustained by any guest arising from spoilage of or infectious matter in food or
drinks provided at the Premises;
4.
Closing
of
the
whole
or
part
of
the
Premises
by
order
of
a
competent
public
authority
consequent upon defects in the drains and other sanitary facilities at the Premises.

It is a condition precedent to liability on the part of the Insurer that the Insured shall make sure
every article is appropriately used and shall exercise due diligence to avoid the occurrence of the
contingencies aforementioned.

The indemnity limit under this clause shall not exceed __.

This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.

K10. Murder, Infectious Disease, and Food Contamination Extension

(C)
It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium, this Policy is extended to cover loss as insured hereunder resulting from interruption of
or interference with the Business carried on by the Insured at the Premises in consequences of:

1.
The
cancellation
of
or
inability
to
accept
bookings
for
accommodation
at
the
premises
as
a
result of an outbreak of an infectious or contagious disease occurring at the Premises;
2. Murder or suicide occurring at the Premises;
3. Injury or illness sustained by any guest arising from spoilage of or infectious matter in food or
drinks provided at the Premises;
4.
Closing
of
the
whole
or
part
of
the
premises
by
order
of
a
competent
public
authority
consequent upon defects in the drains and other sanitary facilities at the Premises.

In respect of each and every occurrence of the damage giving rise to a claim under this Clause,
the Insurer shall not be liable for the first three (3) days of such loss.

It is a condition precedent to liability on the part of the Insurer that the Insured shall make sure
every article is appropriately used and shall exercise due diligence to avoid the occurrence of the
contingencies aforementioned.

This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.

K11. Infectious Disease Extension

It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium, this policy is extended to cover loss resulting from interruption of or interference with
the
business
as
the
direct
and
sole
result
of
Notifiable
Infectious
Disease
manifested
by
any
person at the Insured Premises which results in the total closure &/or quarantine of the Insured
Premises by order of a competent government authority.

For the purpose of this

insurance, Notifiable Infectious Disease

means

illness sustained by
any
person
resulting
from
any
human
infectious
or
human
contagious
disease
(excluding
Acquired Immune Deficiency Syndrome (AIDS)), the outbreak of which should be notified to the
competent public authorities.

For the purpose of this insurance ,
(1)Indemnity
Period

means

the
period
during
which
the
results
of
the
business
shall
be
affected in consequence of the Notifiable Infectious Disease, beginning with effective date of the
order issued by the competent government authority and ending not later than the Maximum
Indemnity Period thereafter.
(2)
Notwithstanding
any
provision
to
the
contrary
within
any
other
additional
clauses
or
endorsements thereto , it is agreed that this insurance shall only be liable for

interruption of or
interference with

the Insured

s business as a result of an insured

event occurred within

the
locations as specified in the schedule , wherein the insured carries on his business .

Provided that the Insurers’ liability under this extension shall not exceed ___ per occurrence for
all insured parties in respect of all premises stated in the policy and ___

in aggregate under this
extension during any one period of insurance and subject to the time excess of this policy.

Occurrence means a loss or series of loss arising out of the event of Notifiable Infectious Disease
occurring during the period of insurance.

This Clause is subject otherwise to other terms and conditions of this Policy.

K12. Closure of

Operation Facility

It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium, any loss resulting from interruption of or interference with

the Insured

s business due
to shut-down of operation facility

by order of the Health Authorities as a result of food spoilage
or
contamination,
shall
be
considered
as
the
loss
resulting
from
the
physical
damage
to
the
insured property, regardless whether the insured property are damaged or not.




For the purpose of this extension, Indemnity Period

means the period during which the results
of the business shall be affected, beginning with 72 hours after the occurrence of the loss and
ending not later than 12 months thereafter.

It is a condition precedent to liability on the part of the Insurer that the Insured shall make sure
every article is appropriately used and shall exercise due diligence to avoid the occurrence of the
contingencies aforementioned.

This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.

K13. Public Utilities Extension

It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,
loss
as
insured
by
this
Policy
resulting
from
interruption
of
or
interference
with
the
Business carried on by the Insured at the Premises in consequence of failure of electricity, gas or
water supply at the terminal ends of the electricity service feeders/Gas Works/Water Works from
which the Insured obtained electric supply/Gas/water at the Premises directly due to the damage
(as within defined) to property at an Electricity Station or Sub-station of Public Electricity Supply
Undertaking from which the Insured obtained electric supply/Gas/water shall be deemed to be
loss resulting from the damage to property used by the Insured at the Premises.

Provided, however, that the Insurer shall not be liable for any loss occasioned by the deliberate
act of the Government, Municipal or Local Authority or Supply Authority not performed for the
sole purpose of safeguarding life or protecting any part of the supply undertaking's system or
by the exercise by any such authority of its power to withhold or restrict or ration supply not
necessitated solely by the damage to the supply undertaking's generating or supply equipment
by an insured perils.

For
the
purpose
of
the
this
insurance
,
the
Indemnity
Period
in
respect
of
each
damage
or
of
series
of
damages
consequent
on
or
attributable
to
one
source
or
original
cause
shall
be
as
follows:
The
period
beginning
with
the
occurrence
of
the
damage
and
ending
not
later
than
sixty
(60)
days thereafter during which the result of the business shall be affected in consequence of the
damage.

Provided that the Insurer shall not be liable for any loss unless the duration of each such failure
exceeds
twenty-four
(24)
hours
and
the
Insurer
shall
not
be
liable
for
any
loss
for
the
first
twenty-four (24) hours of each such failure.

In any action, suit or other proceedings where the Insurer alleges that by reason of the provisions
of this condition any loss or damage is not covered by this insurance, the burden proving that this
loss or damage is covered shall be upon the Insured.

This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.

K14. Public Utilities Extension

B


It
is
hereby
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,
the
Insurer
shall
indemnify
the
Insured
for
the
loss
resulting
from
interruption of or interference with the Business carried on by the Insured at the premises stated
in
the
Policy
in
consequence
of
failure
of
gas
or
water
supply
at
the
terminal ends
of
the
Gas
Works/Water Works from where the Insured obtained gas/water supply, if such failure is directly
due to the physical damage (as within defined) to property therein.

For the purpose of this insurance, maximum indemnity period in respect of each occurrence shall
be sixty (60) days since the date of such failure.

The limit of indemnity under this clause shall be determined by the Applicant and specified in the
Policy. The limit of indemnity shall not exceed:___


In no case shall the insurer be liable for any loss occurred in the first twenty-four(24) hours of
each such failure covered herein



This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.

K15. Loss of Book Debts


It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,
within
the
respective
limits
of
sums
insured
under
this
Policy,
in
the
event
of
the
records of accounts receivable kept on the premises being lost, destroyed or damaged by any of
the perils insured against under this Policy the Insurer shall indemnify the Insured in respect of:

1) all sums due to the Insured from customers, provided the Insured is unable to effect collection
thereof as a direct result of such loss,

2) any collection expense in excess of normal collection cost and made necessary because of such
loss,

3)
auditor’s
charges
necessarily
and
reasonably
incurred
in
substantiating
any
claim
under
this
extension


Provided that the Insured can substantiate the loss by documentary evidence by an Auditor and
the Insurer's maximum liability under this extension shall not exceed_______.


This extension applies only with respect to loss of or damage to records of accounts receivable
and occurring during the period of insurance.


This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.

K16. Suppliers Extension


A


It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,
loss
as
insured
by
this
Policy
resulting
from
interruption
of
or
interference
with
the
business
in
consequence
of
the
property
damage

at
the
premises
of
the
suppliers
of
the
Insured, which leads to the
suppliers’ failure
to provide the raw materials, commodities or goods
in
process
necessarily
for
the
Insured

s
business,
shall
be
deemed
to
be
loss
resulting
from
damage to property used by the Insured at the premises, and the Insurer shall be liable for such
loss subject to the conditions of this Policy.

For
the
purpose
of
this
insurance
,Supplier
means any
individual
,firm
,company, corporation
,
joint venture or entity from which the Insured directly obtains supplies of commodities, materials,
components, goods or services, other than suppliers of public energy and other public facilities.

The
Insurer’s liability under this extension shall not exceed ___
for any one supplier and ___ in
aggregate during the period of insurance.

This Clause is subject otherwise to the terms, Conditions and Exclusions of this Policy.

K20. Customers/Suppliers /Contractors


It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,
loss
as
insured
resulting
from
interruption
of
and
interference
with
the
business
in
consequence of property damage at the customers/suppliers/
toll manufacturers’ premises or in
the course of construction executed by the contractors shall be deemed to be loss resulting from
damage to property used by the insured at the premises.


T
he Insurer’s liability under this extension shall not exceed ___
during the period of insurance.

This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.

K21. Unnamed Suppliers/Customers

It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,
loss
as
insured
resulting
from
interruption
of
and
interference
with
the
business
in
consequence of damage to the property of the I
nsured’s customers or suppliers
at their premises
in PRC, shall be deemed to be loss resulting from damage to property used by the insured at the
premises.

The limit of indemnity under this extension clause shall not exceed______.

This Clause is subject otherwise to the terms, Conditions and Exclusions of this Policy.

K22. Bomb Scare

(only applied to PDBI)

It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,
loss
as
insured
by
this
Policy
resulting
from
interruption
of
or
interference
with
Business
in
consequence
of
bomb
scare
shall
be
deemed
to
be
loss
resulting
from
damage
to
property used by the Insured at the Premises.

This clause is subject otherwise to the terms, conditions and exclusions of this Policy.

K23. Government action

(Not exceeding __ consecutive weeks)

It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,

this Policy is extended to cover the loss as insured hereunder resulting directly from
the
interruption
of
or
interference
with
the
business,
due
to
that
the
access
to
any
insured
premises is prohibited by order of civil authority as a direct result of damage to or destruction of
property adjacent to the premises herein described by the peril(s) insured under physical damage
insurance
(Policy
No.:



).
T
he
Insurer’s
liability
under
this
extension
shall
not

exceed
___
consecutive weeks, during the period of insurance .

This Clause is subject otherwise to the terms, conditions and exclusions of this Policy.

K24. Public Authority Extension
It
is
agreed
and
understood
that,
subject
to
the
Applicant
having
paid
the
agreed
additional
premium,
in
the
event
of
loss
or
damage
to
Property
insured
under
the
physical
damage
insurance, this Policy shall be extended to cover the loss of Gross Profit as may be incurred or
expanded solely by reason of the necessity to comply with building or other regulations under or
framed in pursuance of any ordinance law, statute, rules or with bye-laws of any relative public
authority in the course of repair, reconstruction, or reinstatement.

This Clause is subject otherwise to the terms, Conditions and Exclusions of this Policy.

K33. Departmental Clause
It is agreed and understood that if the business be conducted in departments the independent
trading results of which are ascertainable, the provisions of the item on gross profit shall apply
separately to each department affected by the damage except that if the Sum Insured by the said
item be less than the aggregate of the sums produced by applying the rate of gross profit for each
department
of
the
business
(Whether
affected
by
the
damage
or
not)
to
its
relative
annual
turnover
(or
to
a
proportionately
increased
multiple
thereof
where
the
maximum
indemnity
period exceed twelve (12) months

the amount payable shall be proportionately reduced.

This Clause is subject otherwise to the terms, conditions and exceptions of this Policy.

K34. Auditor

s Fees


It is agreed and understood that the auditor of the Insured is authorized to provide the necessary
accounting
records
or
any
extract
or
detail
of
the
accounting
records
for
the
purpose
of
the
insurer
to
investigate
or
verify
the
claim
under
this
policy.
If
the
auditor
happens
to
be
performing seasonal works related with foresaid documents, the accounting/audit report shall be
the preliminary supporting documents.

This clause is subject otherwise to the terms, conditions and exclusions of this Policy.

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