general rule
Article 1 This insurance contract consists of insurance clauses, application forms, insurance policies and approval forms. Any agreement on this insurance contract shall be in written form.
Article 2 Security service enterprises approved by relevant government departments and registered in the administrative department for industry and commerce according to law are the insured under this insurance contract.
insured liability
Article 3 During the insurance period, in the process of providing security services within the area stipulated in this insurance contract, if the security service object suffers property loss or personal injury due to external theft, robbery or malicious destruction, and the insured is at fault, the insured shall be liable for economic compensation according to the laws of People's Republic of China (PRC), and the insurer shall be responsible for compensation according to this insurance contract.
Article 4 After the occurrence of an insured accident, if the insured is brought to arbitration or litigation due to the insured accident, with the prior written consent of the insurer, the insurer shall also be responsible for compensating the arbitration or litigation fees paid by the insured and other necessary and reasonable expenses (hereinafter referred to as "litigation fees").
exonerate
Article 5 An insurer shall not be liable for losses, expenses and liabilities caused by the following reasons:
(1) Intention or gross negligence of the applicant, the insured or their employees;
(2) War, hostilities, military acts, armed conflicts, strikes, riots, riots and terrorist activities;
(3) Nuclear radiation, nuclear explosion, nuclear pollution and other radioactive pollution;
(4) Administrative acts or judicial acts.
Article 6 The insurer shall not be liable for the following losses, expenses and liabilities:
(1) Personal injury, death and property loss of the insured or its employees;
(2) The contractual liabilities that the insured shall bear, except the legal liabilities that the insured shall still bear when there is no contract;
(3) Fines, fines and punitive damages;
(4) compensation for mental damage;
(5) The indirect loss of the insured;
(six) the liability for compensation caused by the insured not signing a written security service contract with the security service object or providing security service beyond the scope of the contract service;
(seven) the liability for compensation caused by the insured's continuing to engage in security services during the period of revocation of business license or suspension of business for rectification;
(8) Liability for compensation caused by the insured's escort service, consultation, training, safety technology and product sales;
(9) Losses, expenses and liabilities caused by accidents in which the economic compensation liability of the insured is less than or equal to the deductible within the scope of insurance liability stipulated in this insurance contract.
Limitation of liability and deductible
Article 7 The limitation of liability includes the limitation of liability for each accident, the limitation of liability for personal injury and death per person and the cumulative limitation of liability, which shall be determined by the applicant and specified in the insurance contract.
Article 8 The deductible for each accident shall be determined by the insured and the insurer through consultation when signing the insurance contract, and shall be specified in the insurance contract.
Insurance period
Article 9 Unless otherwise agreed, the insurance period is one year, subject to the starting and ending time stipulated in the insurance contract.
Obligations of the applicant and the insured
Article 10 An applicant shall fulfill the obligation of telling the truth, provide a list of guaranteed service objects, truthfully answer the insurer's inquiries, and truthfully fill out the insurance application form.
If the applicant intentionally conceals the facts, fails to perform the obligation of telling the truth, or fails to perform the obligation of telling the truth due to negligence, which is enough to 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, and the insurance contract will be terminated when the insurer's notice of termination reaches the applicant or the insured.
If the applicant intentionally fails to fulfill the obligation of telling the truth, the insurer will not be responsible for the insurance accident that occurred before the termination of the insurance contract and will not refund the insurance premium.
If the insured fails to fulfill the obligation of telling the truth due to negligence, which has seriously affected 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 11 Unless otherwise agreed, the applicant shall pay the insurance premium in one lump sum when the insurance contract is established. If the applicant fails to pay the insurance premium as agreed, the insurer shall be liable for compensation according to the proportion of the insurance premium paid at the time of the insured accident to the insurance premium agreed in the insurance contract.
Article 12 The insured shall strictly abide by the relevant laws, regulations, industry rules and safety service contracts formulated by the relevant departments of the state and the government, strengthen management, and take reasonable preventive measures to avoid or reduce the occurrence of liability accidents as much as possible.
The insurer may check the insured's compliance with the agreement in the preceding paragraph, and put forward written suggestions to the applicant and the insured to eliminate unsafe factors and hidden dangers, which the applicant and the insured shall earnestly implement.
If the insured and the insured fail to abide by the above agreement, resulting in an insured accident, the insurer shall not be liable for compensation; If the applicant and the insured fail to abide by the above agreement, resulting in an increase in losses, the insurer shall not be liable for the increased losses.
Article 13 During the insurance period, if there is a change in the degree of danger, the safe service object or other important changes in the insurance contract that can affect the insurer's decision on whether to continue underwriting or whether to increase the insurance premium, the insured shall promptly notify the insurer in writing, and the insurer has the right to request an increase in the insurance premium or terminate the contract.
The insurer shall not be liable for compensation if the insured fails to fulfill the obligation of informing and an insured accident occurs due to the change of important items in the above insurance contract.
Article 14 In the event of an accident within the scope of this insurance, the insured shall:
(a) try to take necessary and reasonable measures to prevent or reduce losses, otherwise, the insurer will not be liable for the increased losses;
(two) immediately report the case to the public security organ and notify the insurer, and explain the cause, process and loss of the accident in writing; The insurer shall not be liable for compensation if it fails to make a reasonable investigation into the cause of the accident due to failure to notify in time; If the insurer cannot verify the loss due to the failure to notify in time, the insurer shall not be liable for the part that cannot be verified;
(3) Protect the scene of the accident, and allow and assist the insurer to conduct accident investigation; The insurer shall not be liable for compensation if it refuses or obstructs the insurer from conducting accident investigation, thus making it impossible to determine the cause of the accident or verify the loss.
Article 15 The insured shall notify the insurer immediately after receiving the claim from the security service object. Without the written consent of the insurer, the insurer shall not be responsible for any promise, refusal, bid, agreement, payment or compensation made by the insured or its employees to the claimant.
Article 16 When the insured learns that litigation or arbitration may occur, he shall immediately notify the insurer in writing. Upon receipt of court summons or other legal documents, a copy shall be sent to the insurer in time. The insurer has the right to handle relevant litigation or arbitration in the name of the insured, and the insured shall provide relevant documents and give necessary assistance.
The insurer shall not be liable for the losses caused or expanded due to the failure to provide the above notice or necessary assistance in time.
Article 17 When the insured requests compensation from the insurer, it shall submit the original insurance policy, claim application, loss list, proof of the cause of the accident, payment voucher, and when necessary, it shall provide the judgment, ruling or conciliation statement of the court, or the award or conciliation statement issued by the arbitration institution, or the proof of liability determination, as well as other valid proof materials reasonably required by the insurer as the basis for the claim.
If the insured fails to perform the obligation of providing documents agreed in the preceding paragraph, resulting in the insurer being unable to verify the loss, the insurer shall not be liable for the part that cannot be verified.
Article 18 When the insured claims compensation, he shall truthfully inform the insurer of other insurance contracts related to the liability of this insurance contract. If the insurer overpays the insurance premium due to the failure to make a truthful statement, the insurer has the right to recover from the insured the part that the insurer of other insurance contracts should compensate.
Article 19 If the responsible party is responsible for the loss within the scope of insurance liability, the insured shall exercise or reserve the right to claim compensation from the responsible party.
After the occurrence of an insured accident and before the insurer fails to perform the obligation of compensation, the insured waives the right to claim compensation from the responsible party, and the insurer is not liable for compensation.
When the insurer exercises the right of subrogation to the responsible party, the insured shall provide the insurer with the necessary documents and relevant information it knows.
If the insurer is unable to exercise the right of subrogation for compensation due to the fault of the insured, the insurer shall deduct the amount of compensation accordingly.
Compensatory therapy
Article 20 An insurer shall determine the liability of the insured in one of the following ways:
(1) The insured negotiates with the security service object claiming compensation from him, and it is 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 21 In case of loss within the scope of insurance liability, the insurer shall calculate the compensation according to the following methods:
(a) for the losses caused by each accident, the insurer shall calculate the compensation within the liability limit of each accident, and the amount of compensation for personal injury and death shall not exceed the liability limit of personal injury and death;
(2) On the basis of the calculation in Item (1) of this Article, the insurer shall make compensation after deducting the deductible of each accident, but the deductible of each accident shall not be deducted from the compensation for personal injury or death;
(3) During the insurance period, the cumulative compensation amount of the insurer for losses caused by multiple accidents shall not exceed the cumulative liability limit.
Article 22 The amount of compensation for legal expenses of each accident shall be calculated by the insurer according to the amount payable by the insured in addition to the amount calculated in Article 21, but it shall not exceed 30% of the liability limit of each accident.
During the insurance period, the insurer's accumulated compensation for the legal expenses of multiple accidents shall not exceed 30% of the accumulated liability limit.
Article 23 In the event of an insured accident, if there is double insurance, the insurer shall be liable for compensation in proportion to the sum of the cumulative liability limits of this insurance contract and all related insurance contracts.
The insurer is not responsible for the amount of compensation that other insurers should bear.
Article 24 After receiving the insured's claim for compensation, the insurer shall verify it in time and notify the insured of the verification result; If the insured fails to solve the case within 60 days after reporting the case, the insurer shall fulfill the obligation of compensation within 10 days after reaching an agreement with the insured on the amount of compensation.
Article 25 The right of the insured to claim compensation from the insurer shall be extinguished if it is not exercised for two years from the date of knowing the occurrence of the insured accident.
settlement of dispute
Article 26 Any dispute arising from the performance of this insurance contract shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to the arbitration institution designated in the insurance contract for arbitration; If an arbitration institution is not stipulated in the insurance contract or an arbitration agreement is not reached after the dispute occurs, a lawsuit shall be brought to the people's court of the defendant's domicile.
Article 27 The laws of People's Republic of China (PRC) shall apply to the settlement of disputes in this insurance contract.
Any other business
Article 28 Before the insurance liability begins, if the applicant requests to terminate the insurance contract, he shall pay the insurer a refund premium equivalent to 5% of the insurance premium, and the insurer shall refund the remaining insurance premium; Where the insurer requests to terminate the insurance contract, it shall not charge the applicant a handling fee, and shall refund the premium already charged.
After the commencement of insurance liability, if the applicant requests to terminate the insurance contract, the insurance contract shall be terminated as of the date of notifying the insurer, and the insurer shall collect the insurance premium from the commencement of insurance liability to the termination of the contract according to short term rates, and return the remaining insurance premium; If the insurer requests to terminate the insurance contract, it shall send a notice of termination to the applicant fifteen days in advance, and the insurer shall collect the insurance premium according to the daily ratio of the period from the date of commencement of insurance liability to the date of termination of the contract to the insurance period, and return the remaining insurance premium.
When a unit or individual hires a security guard, the security guard has the obligation to protect a certain subject, and when the subject is damaged, the security guard needs to bear certain responsibilities. As can be seen from the above information, the security company needs to bear mainly an insurance liability.