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《协会保险条款诠释》
-第一编 新保险条款简介

上传: 郭国汀 | 发布: 2011-4-3 02:42 | 作者: 郭国汀 | 来源: | 查看: 0

附件2保险单解释规则

附件2

 Rules for Construction of Policy

保险单解释规则

 

The following are the rules referred to by this Act for the construction of a policy in the above or other like form, where the context does not otherwise require:

    下列各条是本法的条文未另行涉及的关于上述或其他其他类似格式保险单的解释规则:

 

Lost or not lost

  1. Where the subject-matter is insured lost or not lost, and the loss has occurred before the contract is concluded, the risk attaches unless, at such time the assured was aware of the loss, and the insurer was not.

    1条 在标的按“无论损失与否”条件投保,且在订立合同之前已发生损失之场合,除非被保险人在当时已知晓该损失,而保险人不知情,保险合同仍然有效。

 

Form

  2. Where the subject-matter is insured from a particular place, the risk does not attach until the ship starts on the voyage insured.

    2条 在标的按“从”某一特定地点投保之情况下,在船舶从保险航程启航之时,保险方始生效。

 

At and from

  3.(a) Where a ship is insured at and from a particular place, and she is at that place in goods safety when the contract is concluded, the risk attaches immediately.

  (b) If she be not at that place when the contract is concluded the risk attaches as soon as she arrives there in goods safety, and, unless the policy otherwise provides, it is immaterial that she is covered by another policy for a specified time after arrival.

  (c) Where chartered freight is insured at and from a particular place, and the ship is at that place in good safety when the contract is concluded the risk attaches immediately. If she be not there when the contract is concluded, the risk attaches as soon as she arrives there in goods safety.

  (d) Where freight, other than chartered freight, is payable without special conditions and is insured at and from a particular place, the risk attaches pro rata as the goods or merchandise are shipped; provided that if there be cargo in readiness which belongs to the shipowner, or which some other person has contracted with him to ship, the risk attaches as soon as the ship is ready to receive such cargo.

3 (a) 在船舶按“在和从”某一特定地点投保,且当合同订立时船舶已安全停泊于该地之情况下,保险立即生效。

(b) 如果当合同订立时船舶不在该地,一矣船舶安全抵达该地,本保险即刻生效。除非保险单另有规定,船舶抵达后对某一特定期间由另一保险单承保无关紧要。

(c) 在租船货运按“在和从”某一特定地点承保,且当合同订立时船舶已安全停泊于该地之场合,保险立即生效;如果合同订立时船舶不在该地,一旦船舶安全抵达该地,本保险即刻生效。

(d) 在除了租船货运以外的其他船舶无任何特殊支付条件按“在和从”某一特定地点承保之情况下,保险得按装运的货物或商品的比例生效;假如属船东所有的货物,或其他人已与船东缔约运载该货物已备妥,则一矣船舶作好装货准备,本保险即生效。

 

From the loading thereof

  4. Where goods or other movables are insured from the loading thereof, the risk does not attach until such goods or movables are actually on board, and the insurer is not liable for them while in transit from the shore to the ship.

    4条 在货物或其他动产按“从装船起”承保之场合,在此种货物或动产实际装船以前保险并不生效;保险人对其从岸上运至船舶期间不承担保险责任。

 

Safely landed

  5.Where the risk on goods or other movables continues until they are safely landed, they must be landed in the customary manner and within a reasonable time after arrival at the port of discharge, and if they are not so landed the risk ceases.

    5条 在货物或其他动产的风险继续至“安全地卸下”为止之情况下,标的必须按习惯方式并在抵达卸货港的合理时间内卸载,否则本保险即行终止。

 

Touch and stay

  6. In the absence of any further licence or usage, the liberty to touch and stay at any port or place whatsoever dose not authorize the ship to depart from the course of her voyage from the port of departure to the port of destination.

    6条 若无任何进一步授权或习惯,有关停靠和停留于“任何港口或地点”的自由,并不授权船舶背离自启航港至目的港的航线。

 

  7 .The term perils of the seas refers only to fortuitous accident or casualties of the seas. It does not include the ordinary action of the wind and waves.

7条 “海上危险术语仅涉及海上意外事故或灾难。它不包括风浪的通常作用。

 

  8. The term Pirates includes passengers who mutiny and rioters who attack the ship from the shore.

    8条 “海盗”术语包括叛乱的乘客和自岸上攻击船舶的暴徒。

 

Thieves

  9.The term thieves does not cover clandestine theft or a theft committed by any one of the ships company, whether crew or passengers.

    9条 “盗窃”术语不包括秘密偷窃或来自船舶内部人员无论是船员或者乘客的偷窃。

 

Restraint of princes

  10.The term arrest, restraint of kings, princes, and people refers to political or executive acts, and does not include a loss caused by riot or by ordinary judicial process.

    10条 “国王、君主和人民的扣押、管制等”术语是指政治的或行政的行为,不包括暴乱或普通司法程序所造成的损失。

 

Barratry

  11. The term barratry includes  every  wrongful act willfully committed by the master or crew to the prejudice of the owner, or, as the case may be, the charterer.

11条 “欺诈恶行”术语指船长或船员的各种损害船东或租船人利益的故意不法行为。

 

All other perils

  12. The term all other perils includes only perils similar in kind to the perils specifically mentioned in the policy.

    12条 “所有其他危险”术语仅包括与本保险列举的特定危险相类似的危险。

 

Average unless general

  13.The term average unless general means a partial loss of the subject-matter insured other than a general average loss, and does not include. particular charges.

    13条 “海损险非共同海损”指除了共同海损以外的保险标的的部分损失,其不包括“特殊费用”。

 

Stranded

  14. Where the ship has stranded the insurer is liable for the excepted losses, although the loss is not attributable to the stranding, provided that when the stranding takes place the risk has attached, and, if the policy be on goods, that the damaged goods are on board.

14条 在船舶搁浅之场合,保险人应对例外损失负赔偿之责,尽管该损失并不能归因于该搁浅,假如当搁浅发生时保险已生效,且若是货物保险单,该损失的货物已装上船。

 

Ship

  15. The term ship includes the hull, materials and outfit, stores and provisions for the officers and crew, and, in the case of vessels engaged in a special trade, the ordinary fittings requisite for the trade, and also, in the case of a steamship, the machinery, boilers, and coals and engine stores, if owned by the assured.

    15条 “船舶”术语包括船壳、材料和设备、高级船员和船员的给养,且若船舶受雇于特别运输,包括该特别运输所需的通常要求的装置,如果是汽船,包括属于船东所有的机器、锅炉、及煤和机舱贮备。

 

Freight

  16. The term freight includes the profit derivable by a shipowner from the employment of his ship to carry his own goods or movables, as well as freight payable by a third party, but does not include passage money.

    16条 “运费”术语包括船东使用其船舶运载自已的货物或动产获得的利润,及由第三者支付的运费,但不包括乘客票款。

 

Goods

  17.The term goods means goods in the nature of merchandise, and does not include personal effects or provisions and stores for use on board.

  In the absence of any usage to the contrary, deck cargo and living animals must be insured specifically, and not under the general denomination of goods.

    17条 “货物术语是指具有商品性质的货品,不包括个人财物或船上供应品和储备品。

    若无任何相反的习惯,甲板货和活牲畜必须特别投保,而不能按货物一般分类投保。