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Some forms of liability insurance, such as products liability, errors and omissions liability and directors' and officers' liability insurance, are usually written on a "claims-made" basis - the policy covers claims made against the insured during the policy period (whether or not the loss occurred during the policy period) rather than losses that occurred during the policy period. The latter is known as an "occurrence" based policy. Furthermore, the standard form of general liability insurance requires that the insurer pay for the cost of defending the insured against suits brought by third parties and that these costs are payable by the insurer in addition to the stated limit of liability under the policy. However, some other forms of liability insurance provide that these costs of defense are included within the policy limits of liability. Since these kinds of policy provisions further restrict the amount of coverage available to the insured, some regulations require that the insurer deliver a prescribed notice to the insured when the policy is delivered stating that the policy include these restrictive provisions and further require that the insured sign a statement acknowledging receipt of the disclosure statement.
【参考译文】
责任保险
某些形式的责任保险,如产品责任,错误和疏忽责任以及董事和高级职员职业责任保险,通常以“索赔发生制”为基础承保一一即保单对被保险人在保险有效期内提出的索赔负赔偿责任(无论保险事故是否发生在保单有效期内),而不是对发生在保险有效期内的损失赔偿事件负赔偿责任,后者是以“事故发生制”为基础签发的保单。此外,公共责任保险的标准保单形式要求保险公司支付被保险人应第三方诉讼而发生的抗辩费用且该费用在保单列明的责任限额以外支付。然而,还有其他一些种类的责任保险则规定这些抗辩费用在责任限额之内赔偿。因为这些条款进一步限制了被保险人可以获得的保险保障,所以法规要求保险公司在向被保险人签发保单时出具披露这些限制条款的声明,并进一步要求被保险人出具声明表明收到该披露声明。
【知识小贴】
责任保险(Liability Insurance)
以保险客户的法律赔偿风险为承保对象的一类保险叫做责任保险。按业务内容,可将其分为公众责任保险、产品责任保险、雇主责任保险、职业责任保险和第三者责任保险五类业务。责任保险作为一种保险业务,产生于19世纪的欧美国家,20世纪70年代以后在工业化国家迅速得到发展。
责任编辑:admin