介紹 An individual or organization may, in the course of carrying on day-to-day business, injure another person or damage property belonging to another person, which may in turn result in
claim or lawsuit seeking for compensation. 任何個人或組織可以在這一過程中進行的日常工作日常事務,傷害他人或破壞他人財物,因而可能會導致索賠或提起訴訟,要求賠償。 These liability exposures may arise from defective product supplied, completed operation hazard, defective premises, plants or equipment, or any other unforeseen hazard within or outside the
business premises. 這些可能出現的風險責任由缺陷產品供應,完成作業的危險,有缺陷的前提下, 工廠或設備,或任何其他不可預見的危險境內或境外的營業場所。 In addition to the aforesaid exposure, there may be strict liability exposure imposed by common law or statutes. Public Liability and Product Liability 除了上述 曝光,有可能會暴露實行嚴格的責任共同的法律或法規。公眾責任及產品責任 Insurance Policy is therefore designed to provide a more comprehensive cover against such potential liability exposures. 因此,保險政策旨在提供一個更全面的覆蓋對這些潛在的責任風險。 Like product liability policy, a proposer would have to select an appropriate limit of indemnity (Sum Insured) that may commensurate with the kind of potential liability exposure. 如產品責任險,一投保人必須選擇一個適當的賠償額(保額),可能相稱的那種潛在的責任風險。 Coverage 覆蓋 To indemnify against insured's legal liability to pay compensation (damages) for accidental bodily injury or property damage sustained by third party by reason of insured carrying on his business including the products sold or supplied. 對保險賠償的法律責任支付賠償(賠償)意外人身傷害或財產損失持續由第三方原因被保險進行業務包括產品銷售或供應。 In addition to such compensation, it also pays for legal costs and expenses in connection therewith. The limit of indemnity is inclusive of legal costs and expenses. 除了這種賠償,也支付法律費用及開支與此有關。 該限制是包容性的賠償法律費用及開支。 Basis of Indemnity 基礎賠款 This policy is on ''Claims Made'' basis. It means that this policy will only apply to a claim made against insured during the policy period.這項政策是在製造'' ''索賠依據。這意味著,這一政策只適用於對被保險人提出索賠時提出保險期間。 ''Claim made'' means a written claim/demand issued or lawsuit instituted by third party seeking compensation '' for his injury or damage. ''手段主張中提出的書面要求/需求簽發或提起訴訟,由第三方要求賠償對他的傷害或損壞。 Retroactive Cover 追溯封面 If policy states a retroactive date, it will only cover claims (made against insured during the policy period) resulting from occurrences which take place after such retroactive date. 若政策規定追溯日期,將只包括債權(對被保險人在取得保險期間)造成事件發生後,發生這樣的追溯日期。 Retroactive date can be the policy inception date or a date way back in the past. 追溯日期可以是保單生效日期或日期的方法回到過去。 However, no retroactive cover will be granted to a proposer who does not have public liability and product liability cover or equivalent previously. 但是,沒有追溯覆蓋將給予一提議誰沒有公眾責任及產品責任保險或相當於以前。 Pollution liability 污染責任 Professional liability 專業責任 Contractual or assumed liability 合同或承擔法律責任 Workmen Compensation or Employer's Liability 工人補償或雇主的責任 Fines, Penalties, Punitive or Exemplary Damages 罰金,罰款,懲罰性或懲罰性賠償 Asbestos Liability or Urea Formaldehyde 石棉責任或尿素甲醛 Products used or installed in or on aircraft 產品使用或安裝在飛機上或 Replacement costs or refund payment of insured products, Product Recall 更換費用或退還被保險人支付的產品,產品召回 Terrorism or war 恐怖主義或戰爭 Radiations or nuclear 輻射或核 Loss of or damage to property worked upon 喪失或財產損失的工作時 Loss of or damage to property in care, custody or control 損失或損壞財產,保管或控制 Vibration or weakening of support 振動或削弱支持 (The above are the principal exclusions of the policy. Please refer to the policy for a (以上是主要的排除政策。請參閱保單為 complete list and details of all exclusions.) 完整的名單和細節都排除。) Extensions (optional and with additional premium) 擴展(可選的額外溢價) Sudden and Accidental Pollution Liability ( 72 hours) 突然和意外污染責任(72小時) Indemnity to Directors or Executive Officers 賠款,董事或行政人員 Excess Automobile Liability 超額汽車責任 Broad Form Property Damage 廣泛的形式財產損壞 Documents
required for applying a Product Liability Policy 所需文件申請一個產品責任保險
For both new and renewal risks and all requests for quotation must be by way of submitting the following document to the Liability Unit at Head Office: 對於新的和更新的風險和所有的請求必須由報價方式提交下列文件在責任單位的總公司: Duly completed, signed and dated Public Liability and Product Liability Proposal Form; 填妥,簽署並註明日期的公眾責任及產品責任申請表; Product brochures or samples; 產品說明書或樣本; Written Quality Control Procedure; 書面的質量控制程序; Products Quality Assurance Certificates; 產品質量保證證書; Details (date, nature, amount and status of loss) of previous claims/losses (if any). 詳細信息(日期,性質,數量和狀態的損失)以往的申索/虧損(如有)。 Minimum Premium: Upon Enquiries 最低保費:經查詢 Decline Risks (by products or sectors) 下降風險(按產品或行業)
Claims Procedures 索賠程序
Introduction An individual or organization may, in the course of carrying on day-to-day business, injure another person or damage property belonging to another person, which may in turn result in claim or lawsuit seeking for compensation. These liability exposures may arise from defective product supplied, completed operation hazard, defective premises, plants or equipment, or any other unforeseen hazard within or outside the business premises. In addition to the aforesaid exposure, there may be strict liability exposure imposed by common law or statutes. Public Liability and Product Liability Insurance Policy is therefore designed to provide a more comprehensive cover against such potential liability exposures. Like product liability policy, a proposer would have to select an appropriate limit of indemnity (Sum Insured) that may commensurate with the kind of potential liability exposure. Coverage To indemnify against insured's legal liability to pay compensation (damages) for accidental bodily injury or property damage sustained by third party by reason of insured carrying on his business including the products sold or supplied. In addition to such compensation, it also pays for legal costs and expenses in connection therewith. The limit of indemnity is inclusive of legal costs and expenses. Basis of Indemnity This policy is on ''Claims Made'' basis. It means that this policy will only apply to a claim made against insured during the policy period. ''Claim made'' means a written claim/demand issued or lawsuit instituted by third party seeking compensation for his injury or damage. Retroactive Cover If policy states a retroactive date, it will only cover claims (made against insured during the policy period) resulting from occurrences which take place after such retroactive date. Retroactive date can be the policy inception date or a date way back in the past. However, no retroactive cover will be granted to a proposer who does not have public liability and product liability cover or equivalent previously. Principal Exclusions Pollution liability Professional liability Contractual or assumed liability Workmen Compensation or Employer's Liability Fines, Penalties, Punitive or Exemplary Damages Asbestos Liability or Urea Formaldehyde Products used or installed in or on aircraft Replacement costs or refund payment of insured products, Product Recall Terrorism or war Radiations or nuclear Loss of or damage to property worked upon Loss of or damage to property in care, custody or control Vibration or weakening of support (The above are the principal exclusions of the policy. Please refer to the policy for a complete list and details of all exclusions.) Extensions (optional and with additional premium) Sudden and Accidental Pollution Liability (72 hours) Indemnity to Directors or Executive Officers Excess Automobile Liability Broad Form Property Damage Documents required for applying a Product Liability Policy
For both new and renewal risks and all requests for quotation must be by way of submitting the following document to the Liability Unit at Head Office: Duly completed, signed and dated Public Liability and Product Liability Proposal Form; Product brochures or samples; Written Quality Control Procedure; Products Quality Assurance Certificates; Details (date, nature, amount and status of loss) of previous claims/losses (if any). Minimum Premium: Upon Enquiries Decline Risks (by products or sectors)
Claims Procedures
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The International Comparative Legal Guide to:Product Liability 2006 國際比較法律指南:2006年產品責任 | May 15, 2010, 3:15 AM | Simon Poon | |||
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里貝克訴麥當勞餐廳案(英語:Liebeck v. McDonald's Restaurants[1]),又稱麥當勞咖啡案,是美國一宗著名的產品責任訴訟,並觸起法學界對美國有關侵權行為法律的改革展開辯論。案件中的一名婦人因為不小心地以熱咖啡燙傷自己,結果獲陪審團表決賠償290萬美元。事後,主審法官裁定將賠償額減至64万美元,不過麥當勞與事主在上訴前成功達成協議,在賠償金額保密的情況下,雙方庭外和解。事件在美國引起了很大反響,普遍輿論更認為這是一宗浪費公帑的無聊訴訟[2][3]。 | May 15, 2010, 3:16 AM | Simon Poon |