How Do I File a Fire Insurance Claim?
During the insurance period, when the insured is engaged in production and management activities in the place specified in the insurance contract according to law, personal injury to a third party caused by a fire or explosion in the place shall be caused by the insured according to the laws of the People's Republic of China. Financial liability for personal injury
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- During the insurance period, when the insured is engaged in production and management activities in the place specified in the insurance contract according to law, personal injury to a third party caused by a fire or explosion in the place shall be caused by the insured according to the laws of the People's Republic of China. Financial liability for personal injury
- Article 1 Any agreement concerning this insurance contract shall be in writing.
- Article 2 During the insurance period, when the insured is engaged in production, operation and other activities in accordance with the law in the place specified in this insurance contract, personal injury to a third party caused by fire or explosion in the place shall be in accordance with the laws of the People's Republic of China. The insurer shall be responsible for financial compensation for personal injury, and the insurer shall be responsible for compensation in accordance with this insurance contract.
- Article 3 After an insured accident occurs, if the insured is brought to arbitration or litigation because of the insured accident, it shall correspond to the arbitration or litigation costs paid by the insured and other necessary and reasonable expenses paid in advance with the written consent of the insurer (Hereinafter referred to as "legal costs"), the insurer is also responsible for compensation in accordance with this insurance contract.
- Article 4 The insurer shall not be responsible for compensation for losses, costs and liabilities caused by:
- (1) the insured engages in activities that are inconsistent with the scope of business stated in the insurance contract or operates illegally or illegally;
- (2) Intentional or gross negligence by the insured or insured;
- (3) War, hostilities, military acts, armed conflicts, strikes, riots, riots, terrorist activities, theft, robbery;
- (4) Fires and explosions caused by earthquakes, volcanic eruptions, underground fires, nuclear explosions, or falling objects in the air;
- (5) Administrative or judicial acts.
- Article 5 The insurer shall not be liable for compensation for the following losses, expenses and liabilities:
- (1) Personal injury of the insured or its employees;
- (2) The contract liability that the insured should bear, but the liability for financial compensation for personal injury that should still be borne by the insured in the absence of a contract is not limited to this;
- (3) fines, fines and punitive damages;
- (4) compensation for mental damage;
- (5) any direct or indirect property damage caused by fire or explosion accidents;
- (6) Loss caused by a fire or explosion in a fixed place or equipment that has not been accepted by the relevant fire control and safety supervision and management department or has failed to accept the experience.
- Article 6 The liability limit includes the liability limit for each person and the cumulative liability limit, which shall be determined through consultation between the insurer and the insurer, and shall be specified in the insurance contract.
- Article 7 Unless otherwise agreed, the insurance period is one year, which is subject to the start and end time stated in the insurance contract.
- Article 8 The insured shall fulfill the obligation of truthful notification, truthfully answer the inquiries of the insured regarding the relevant situation of the insured and the insurance place, and truthfully fill out the insurance policy.
- If the policyholder intentionally conceals the facts, fails to perform the obligation of truthful notification, or fails to perform the obligation of truthful notification due to negligence, which can affect the insurer's decision to agree to underwrite or increase the insurance premium rate, the insurer has the right to terminate the insurance contract. The termination notice will be cancelled when it reaches the policyholder or the insured.
- If the policyholder intentionally fails to perform the obligation of truthful notification, the insurer shall not be liable for compensation and shall not refund the insurance premiums for the insured accident that occurred before the termination of the insurance contract.
- If the insured fails to fulfill the obligation of truthful notification due to negligence and has a serious impact on the occurrence of the insured accident, the insurer shall not be liable for the insured accident that occurred before the termination of the insurance contract, but may refund the insurance premium.
- Article 9 Unless otherwise agreed, the policyholder shall pay the insurance premium at one time when the insurance contract is concluded. The insurer shall not be liable for any insured accident that occurs before the premium is delivered.
- Article 10 The insured shall strictly abide by the relevant laws, regulations and regulations on fire protection, production safety operations, and use of special equipment of the national public security and fire protection departments, strengthen management, take reasonable precautions, and try to avoid or reduce liability accidents. occur.
- The insurer may check the compliance of the insured with the provisions of the preceding paragraph, and make written suggestions to the insured and the insured on the elimination of unsafe factors and hidden dangers, and the insured and the insured shall seriously implement it.
- The insurer shall not be liable for compensation if the insured or insured fails to comply with the above-mentioned agreement and the insurer shall not be liable for compensation; if the insured or insured fails to comply with the above-mentioned agreement and results in the loss expansion, the insurer shall not be liable for the loss .
- Article 11 During the insurance period, if the business scope, business area or other important matters of the insurance contract are sufficient to influence the insurer's decision whether to continue the insurance or increase the insurance premium, the insured shall promptly notify the insurer in writing. The right to increase insurance premiums or terminate the contract. The insurer shall not be liable for compensation if the insured fails to perform the notification obligation and an insured accident occurs due to a change in an important matter of the insurance contract.
- Article 12 If an accident occurs within the scope of insurance liability, the insured shall:
- (1) Immediately notify the local public security fire department, and make every effort to take necessary and reasonable measures to prevent or reduce losses; otherwise, the insurer will not be liable for the losses that have been expanded as a result;
- (2) immediately notify the insurer, and explain in writing the cause, process and loss of the accident; if the insurer fails to reasonably investigate the cause of the accident due to failure to notify in time, the insurer shall not be liable for compensation; If the insurer is unable to verify the loss, the insurer shall not be liable for the unverifiable part;
- (3) Allowing and assisting the insurer to carry out accident investigations; the insurer shall not be liable for compensation if it refuses or obstructs the insurer's investigation of the accident and the cause of the accident cannot be determined or the loss is verified.
- Article 13 When the insured receives a third party's request for damages, he shall immediately notify the insurer. Without the written consent of the insurer, the insurer shall not be liable for any promises, rejections, bids, agreements, payments or compensations made by the insured to a third party.
- Article 14 When the insured is informed that a lawsuit or arbitration may occur, it shall immediately notify the insurer in writing; after receiving a court summons or other legal document, it shall promptly send its copy to the insurer. The insurer has the right to handle litigation or arbitration in the name of the insured. The insured shall provide relevant documents and provide necessary assistance. The insurer shall not be liable for damages caused or enlarged due to the failure to provide the above notice or necessary assistance in a timely manner.
- Article 15 When claiming compensation from the insurer, the insured shall submit the original insurance policy, accident certificate, disability identification diagnosis certificate issued by the medical institution or judicial authority designated or recognized by the insurer, death certificate, county-level or above (including County-level) Medical expenses receipts, diagnosis certificates and medical records issued by hospitals or medical institutions recognized by the insurer, relevant legal documents (rules, rulings, judgments, mediations, etc.), a list of losses, and valid valid claims reasonably required by the insurer 2. Other supporting materials as the basis for claiming compensation.
- If the insured fails to perform the obligation to provide the documents stipulated in the preceding paragraph, resulting in the insurer being unable to verify the loss, the insurer shall not be liable for the unverifiable part.
- Article 16 When claiming compensation, the insured shall truthfully explain to the insurer the status of other insurance contracts related to the insurance liability of this insurance contract. For those who fail to provide truthful explanations that cause the insurer to pay more insurance premiums, the insurer has the right to recover from the insured the portion in which the insurer of other insurance contracts is responsible for compensation.
- Article 17 Where a loss occurs within the scope of insurance liability, the responsible party shall be responsible for compensation, and the insured shall exercise or reserve the right to claim compensation from the responsible party.
- After the insured accident occurs, the insurer shall not bear the liability for compensation if the insured waives the right to claim compensation from the responsible party before the insurer fails to perform its compensation obligations.
- When the insurer exercises the right of subrogation to claim compensation from the responsible party, the insured shall provide the insurer with the necessary documents and relevant circumstances known to him.
- If the insurer cannot exercise his right to claim compensation due to the fault of the insured, the insurer shall deduct the compensation amount accordingly.
- Article 18 The compensation of the insurer is based on the liability of the insured as determined in one of the following ways:
- (1) The insured negotiates with a third party who has submitted a claim for damages and has been confirmed by the insurer;
- (2) the award of the arbitration institution;
- (3) the judgment of the people's court;
- (4) Other methods approved by the insurer.
- Article 19 In case of loss within the scope of insurance liability, the insurer's compensation for each person's personal injury shall not exceed the liability limit of each person, and during the insurance period, the insurer's cumulative compensation amount shall not exceed the cumulative liability limit.
- Article 20 The amount of compensation for the legal costs of each accident shall be calculated separately from the amount of compensation payable by Article 19 by the insurer, but shall not exceed 2% of the cumulative liability limit.
- If multiple people are injured or killed due to the same fire or explosion accident, causing multiple people to claim against the insured at the same time or in succession, it is regarded as an insured accident.
- During the insurance period, the insurer's cumulative compensation for the legal costs of multiple accidents shall not exceed 10% of the cumulative liability limit.
- Article 21 When an insured accident occurs, if there is duplicate insurance, the insurer shall be liable for compensation in accordance with the ratio of the cumulative liability limit of this insurance contract to the sum of the cumulative liability limits of all relevant insurance contracts.
- The insurer is not responsible for the amount of compensation payable by other insurers.
- Article 22 After receiving an indemnity claim from the insured, the insurer shall make a timely verification and notify the insured of the result of the verification; if it is an insurance liability, it shall be agreed upon with the insured about the amount of compensation. Within days, perform the obligation of compensation.
- Article 23 The right of the insured to claim compensation from the insurer shall be extinguished without exercising for two years from the date of the insured's knowledge.
- Article 24 Disputes arising from the performance of this insurance contract shall be settled by the parties through negotiation. If the negotiation fails, the arbitration institution specified in the insurance contract shall be submitted for arbitration; if the insurance contract does not specify the arbitration institution or the arbitration agreement is not reached after the dispute has occurred, the people's court may be sued.
- Article 25 The dispute settlement of this insurance contract shall be governed by the laws of the People's Republic of China.
- Article 26: Before the insurance liability begins, if the insurer requests the termination of the insurance contract, it shall pay the insurer a surrender fee equal to 5% of the insurance premium, and the insurer shall refund the remaining portion of the insurance premium; If you do, you must not charge a handling fee to the policyholder and refund the insurance fee you have collected.
- After the insurance liability begins, if the policyholder requests the termination of the insurance contract, the insurance contract shall be terminated from the date of notification to the insurer. And the remaining part of the insurance premium will be refunded; if the insurer requests the termination of the insurance contract, it shall issue a notice of termination to the insurer 15 days in advance. Calculate insurance premiums and refund the remaining insurance premiums.