|
渗漏污染保险条款
附表
一、被保险人
二、被保险人地址
三、保单期限
四、最低预付保费
五、作业内容
1.保险协议
被保险人同意按上述表内规定支付保费,保险人同意根据保单的条款和限额偿还或为被保险人支付:
(1)由于表内列明的作业而产生渗漏污染以至直接或间接地造成或被断定为造成了被保险人负有法定责任应赔付的人身伤亡或财产的损失或丧失使用。
(2)清除渗漏污染物质的费用,其中包括防止该物质接近海岸的费用。
但由这种渗漏污染发生的赔案,须在表内列明的保单期限内提出,而且应根据第5款立即发出索赔通知。由索赔通知内提到的情况而发生的尔后的索赔,应被视为在保险有效期内提出。
2.责任限额
保险人的责任限额为保单期限内每一事故项下的最终净损失。
3.被保险人自负责任
对每一事故造成的索赔,被保险人自己负责最终净损失的第一个金额。
4.定义
(1)"被保险人"包括指名的被保险人和任何合伙人、管理人、董事或股份参加者或其在责任范围内工作的雇佣人员。
(2)"最终净损失"指本保单项下赔款的赔付数目(扣除所有的追偿损余及其他保险而获的款项)并包括因抗辩而产生的法律费用和被判为被保险人应付索赔人的诉讼费用。
(3)"费用"指判决、调查、理算和法律费用的利益(但不包括拿薪金的雇员、留用顾问的费用及被保险人的办公费用)。
5.损失通知
当被保险人获知任何可能发生索赔的事故时,应立即书面通知保险人。
6.损余的作用
所有本保单下在赔案解决之后所获得的损余、追偿款项应被视为在赔案解决前获得一样进行计算,因此在被保险人和保险人之间将作必要的数字调整。但本条款并不意味在被保险人的最终净损失确定之前不能索赔本保单项下的损失。
7.计算和调整保费
这里保费是指在保险开始时已通知承保人的井的种类和数目基础上计算的最低和预付保费。如在保单期内被保险人钻探任何新井,承保人同意承保,但在钻探之前将详细情况告诉承保人,并加付保险费。
本保单期满之后,被保险人应向承保人提供一份承保井的种类和数目的清单在此基础上按附表格的规定计算实际到期保费。如果实际到期保费超过最低和预付保费,被保险人应向承保人支付差额。
8.除外责任
(1)承保人对任何罚款、处罚不负责任,罚款和处罚包括但不仅限于根据任何国家法律所应得到的惩罚性的损失。
(2)本保险单对其他保险已承保的责任不负责,但对超过其他保险所应付款项的部分可以负责。
(3)本保险单对属于被保险人或在其看管、照料、控制下的财产的损失或丧失使用或清理费用不负责赔偿。
(4)本保险单不负责控制井喷的费用,也不负责钻探救助井的费用,不论救助井成败如何。
(5)本保险单对因战争、侵略、外敌的行为、敌对行为(不论宣战与否)、内战、造反、革命、叛变、军事行动或篡政直接或间接所致的索赔不负责任;
(6)本保险单对以下渗漏和污染直接或间接所致的索赔不负责任。
A. 从被保险人或其他代表被保险人的个人或组织的观点来看是应该发生的渗漏和污染。
B. 直接由于违背或不遵守任何政府的规章或法律的情况而造成渗漏和油污。
(7)本保险单对水运工具运输石油或其他类似物质所直接产生的索赔不负责任。
9.费用和上诉条款
在一次事故所产生的索赔中如果最终净损失可能超过被保险人自己应负责的数额,没有承保人的同意,不应代承保人产生费用.如果获得了承保人的同意,承保人将视这种费用为最终净损失的一部分.在没有承保人同意的情况下,被保险人不能赔偿最终净损失要超过自留责任的损失。
如果被保险人不准备对超过他自留责任的判决进行申诉,承保人可以自负费用进行这样的申诉,并负责支付由此产生的纳税费用和利息。但在任何情况下承保人对最终净损失的责任将不超过第2款所规定的责任限额与申诉费用之和。
10.视察和查帐
承保人在合理的时间应被允计在保单期内视察用于与被保险人行业、业务或工作有关的场地、厂房、工程、机械或器具,并在这期限内和保单满期后一年内的任何时候检查有关本保单标的被保险人的帐簿。
11.转让
除被保险人之外,本条款不赋予任何其他人针对承保人的任何权利。承保人也不受被保险人利益载移或转让的约束,除非承保人签发批单宣称保险继续对他人有效。
12.破产
在被保险人破产或失去偿付能力的情况下,承保人仍负有责任赔付原应支付的赔款。
13.展延索赔条款
不论承保人或被保险人决定不再续转本保险单,被保险人仍可对在保单期满前发生的事故,要求延期承保在保单满期后九十天内可能向被保险人提出的索赔。
14.保证
被保险人保证将以一切力量确保被保险人和他们的承包人遵守有关安装、防井喷设施、防风和其他减少损失和污染的设备的规定,同时保证在发生井喷或其他漏油事件时,被保险人将尽力控制油井和阻止漏油。
15.延长保单期限
如保单在被保险事件还在进行的过程中满期,承保人同意根据保单的其他条款仍予负责,整个损失应视同发生在保险满期以前一样。
SEEPAGE POLLUTION &
CONTAMINATION INSURANCE SCHEDULE
A. INSURED:
B. ADDRESS OF INSURED:
C. PERIOD OF POLICY:
D.MINIMUM AND DEPOSIT PREMIUM:
E. OPERATIONS:
1. Insuring Agreements
Whereas the Insured has agreed to pay the premium as stated
in the Schedule. Underwriters, subject to the limitations,
terms and conditions of this Policy, agree to indemnify the
Insured against or pay on behalf of the Insured:
(1) all sums which the Insured shall by law be liable to
pay as damages for bodily injury (fatal or non-fatal) and
/ or loss of , damage to or loss of use of property caused
by or alleged to have been caused directly or indirectly by
seepage, pollution or contamination arising out of the operations
stated in the Schedule.
(2) the cost of removing, nullifying or cleaning up seepage,
polluting or contaminating substances emanating from the operations
stated in the Schedule, including the cost of preventing the
substances reaching the shore.
Provided always that such Seepage, Pollution or Contamination
results in a claim being made during the period of Policy
as stated in the Schedule and of which immediate notice has
been given in accordance with Clause 5 hereof except that
any claim subsequently arising out of the circumstances referred
to in such notice shall for the purpose of this Policy be
deemed to have been made during the currency of this Policy.
2. Limit of Liability
The Underwriters' limit of liability hereunder shall be
Ultimate Net Loss in respect of any one claim and/or series
of claims arising out of one event and in the aggregate during
the Policy Period.
3. Retention of the Insured
It is understood and agreed that the Insured shall bear
the first Ultimate Net Loss of any claim and/or series of
claims arising out of one event.
4. Definitions
(1) The unqualified word "Insured" includes the
Named Insured, and any partner, executive office, director
or stockholder or employee thereof while acting within the
scope of his duties as such.
(2) The term "Ultimate Net Loss" shall be understood
to mean the sums paid in the settlement of claims covered
by this Policy (after making deductions for all recoveries,
salvages and other insurance) and shall include costs and
expenses incurred in the defence of any claim or claims, and
also costs and expenses of litigation awarded to any claimant
against the Insured.
(3) The word "Costs" shall be understood to mean
interest on judgements, investigation, adjustment and legal
expenses (excluding, however, all expenses for salaried employees
and retained counsel of and all office expenses of the Insured).
5. Notice of Loss
The Insured upon knowledge of any event likely to give
rise to a claim hereunder shall give immediate written notice
thereof to Underwriters.
6. Application of Salvage
All salvages, recoveries or repayments recovered or received
subsequent to a loss settlement under this Policy, shall be
applied as if recovered or received prior to such settlement,
and all necessary adjustments shall then be made between the
Insured and Underwriters, provided always that noting in this
clause shall be construed to mean that losses under this Policy
are not recoverable until the Insured's Ultimate Net Loss
has been finally ascertained.
7. Premium Computation and Adjustment
The premium hereon is a Minimum and Deposit Premium based
on the number and categories of wells declared to Underwriters
at inception. If during the period of this Policy the Insured
drills any additional wells, Underwriters agree to cover such
additional wells subject full details being given to Underwriters
prior to the commencement of drilling and the payment o any
additional premium as may be required by Underwriters.
Upon expiration of this Policy the Insured shall furnish
Underwriters with a statement of the number and categories
of well covered hereunder and the actual earned premium shall
be computed thereon at the premiums stipulated in the Schedule.
If the actual earned premium is more than the minimum and
deposit premium the Insured shall pay the difference to Underwriters.
8. Exclusions
(1) No liability shall attach to Underwriters hereunder
in respect of any fines or penalties, which shall be deemed
to include but not restricted to punitive or exemplary damages,
imposed under the laws of any state or country.
(2) This Policy does not cover any liability which is insured
by or would, but for the existence of this Policy, be insured
by any other existing insurance(s) except in respect of any
excess beyond the amount which would have been payable under
such other insurance(s) had this Policy not been effected.
(3) The Policy does not cover loss of, damage to, loss
of use or the cost of clean-up of property belonging to the
Insured or in the Insured's care, custody or control.
(4) This Policy does not cover any of the cost of controlling
a well nor the cost of drilling relief wells whether or not
the relief well be successful.
(5) This Policy does not cover any claims directly or indirectly
happening through or in consequence of war, invasion, act
of foreign enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection or military
or usurped power.
(6) This Policy does not cover any claims arising directly
or indirectly from seepage, pollution or contamination if
such seepage, pollution or contamination
(a) is intended from the standpoint of the Insured or any
other person or organization acting for or on behalf of the
Insured. or
(b) results directly from any condition in violation of
or non-compliance with any governmental rule, regulation or
law applicable thereto.
(7) This Policy does not cover any claims arising directly
out of the transportation of oil or other similar substances
by watercraft.
9. Cost and Appeals Clause
In the event of any claim and/or series of claims arising
out of one event where the Ultimate Net Loss is likely to
exceed the retention of the Insured, no Costs shall be incurred
on behalf of Underwriters without the consent of Underwriters,
and if such consent is given, Underwriters shall consider
such Costs as part of the Ultimate Net Loss. No settlement
of losses by agreement shall be effected by the Insured where
the Ultimate Net Loss will exceed the retention of the Insured
without the consent of Underwriters.
In the event that the Insured elects not to appeal against
a judgement in excess of the retention of the Insured, Underwriters
may elect to conduct such appeal at their own cost and expense,
and shall be liable for the taxable cost and interest incidental
thereto, but in no event shall the liability of Underwriters
for Ultimate Net Loss exceed the Limit of Liability stated
in Clause 2 hereof and in addition the cost and expense of
such appeal.
10. Inspection and Audit
Underwriters shall be permitted at all reasonable times
during the period of this Policy, to inspect the premises,
plants, works, machinery and appliances used in connection
with the Insured's trade, business or work, and to examine
the Insured's books at any time during the currency hereof
and within one year after the expiration of this Policy so
far as they relate to the subject matter of this Policy.
11.Assignment
Noting herein contained shall give any rights against Underwriters
to any person or persons other than the Insured, and Underwriters
shall not be bound by any trust assignment, transfer or devolution
of interest of the Insured, unless and until Underwriters
shall by endorsement, declare the insurance to be continued
for the benefit of other person or persons.
12. Bankruptcy
It is expressly agreed that in the event of bankruptcy
of insolvency of the Insured Underwriters shall not be relieved
of the Payment of such indemnity as would have been payable
but for such bankruptcy or insolvency.
13. Discovery Clause
In the event of non-renewal of this Policy either by the
Underwriters or the Insured, the Insured shall have the right
to an extension of the cover granted by this Policy, in respect
of any claim or claims which may be made against the Insured
during the period of 90 days after the date upon which the
Policy period ends, but only in respect of any incident that
occurred before such date.
14. Warranties
It is warranted that the Insured will use every endeavour
to ensure that they and/or their Contractors comply with all
regulations and requirements in respect of fitting blow-out
preventers, storm chokes and other equipment to minimise damage
or pollution.
It is also warranted that in the event of a blow-out or
other escape of oil, the Insured will use every endeavour
to control well or stop the escape.
15. Extended Expiration
If this Policy should expire while an insured event is
in progress, it is understood and agreed that Underwriters,
subject to all other terms and conditions of this Policy,
are responsible as if the entire loss had occurred prior to
the expiration of this insurance.
|
|