【法规名称】
【法规编号】 61520 什么是编号？
【正 文】
第9页 CAP 329 MARINE INSURANCE ORDINANCE
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[接上页] [cf. 1906 c. 41 s. 66 U.K.] Cap 329 s 67 Extent of liability of insurer for loss MEASURE OF INDEMNITY (1) The sum which the assured can recover in respect of a loss on a policy by which he is insured, in the case of an unvalued policy to the full extent of ,the insurable value, or, in the case of a valued policy to the full extent of the value fixed by the policy, is called the measure of indemnity. (2) Where there is a loss recoverable under the policy, the insurer, or each insurer if there be more than one, is liable for such proportion of the measure of indemnity as the amount of his subscription bears to the value fixed by the policy in the case of a valued policy, or to the insurable value in the case of an unvalued policy. [cf. 1906 c. 41 s. 67 U.K.] Cap 329 s 68 Total loss Subject to the provisions of this Ordinance and to any express provision in the policy, where there is a total loss of the subject-matter insured- (a) if the policy be a valued policy, the measure of indemnity is the sum fixed by the policy; (b) if the policy be an unvalued policy, the measure of indemnity is the insurable value of the subject-matter insured. [cf. 1906 c. 41 s. 68 U.K.] Cap 329 s 69 Partial loss of ship Where a ship is damaged, but is not totally lost, the measure of indemnity, subject to any express provision in the policy, is as follows- (a) where the ship has been repaired, the assured is entitled to the reasonable cost of the repairs, less the customary deductions, but not exceeding the sum insured in respect of any one casualty; (b) where the ship has been only partially repaired, the assured is entitled to the reasonable cost of such repairs, computed as above, and also to be indemnified for the reasonable depreciation, if any, arising from the unrepaired damage, provided that the aggregate amount shall not exceed the cost of repairing the whole damage, computed as above; (c) where the ship has not been repaired, and has not been sold in her damaged state during the risk, the assured is entitled to be indemnified for the reasonable depreciation arising from the unrepaired damage, but not exceeding the reasonable cost of repairing such damage, computed as above. [cf. 1906 c. 41 s. 69 U.K.] Cap 329 s 70 Partial loss of freight Subject to any express provision in the policy, where there is a partial loss of freight, the measure of indemnity is such proportion of the sum fixed by the policy in the case of a valued policy, or of the insurable value in the case of an unvalued policy, as the proportion of freight lost by the assured bears to the whole freight at the risk of the assured under the policy. [cf. 1906 c. 41 s. 70 U.K.] Cap 329 s 71 Partial loss of goods, merchandise, etc. Where there is a partial loss of goods, merchandise, or other movables, the measure of indemnity, subject to any express provision in the policy, is as follows- (a) where part of the goods, merchandise or other movables insured by a valued policy is totally lost, the measure of indemnity is such proportion of the sum fixed by the policy as the insurable value of the part lost bears to the insurable value of the whole, ascertained as in the case of an unvalued policy; (b) where part of the goods, merchandise, or other movables insured by an unvalued policy is totally lost, the measure of indemnity is the insurable value of the part lost, ascertained as in case of total loss; (c) where the whole or any part of the goods or merchandise insured has been delivered damaged at its destination, the measure of indemnity is such proportion of the sum fixed by the policy in the case of a valued policy, or of the insurable value in the case of an unvalued policy, as the difference between the gross sound and damaged values at the place of arrival bears to the gross sound value; (d) "Gross value" (毛值) means the wholesale price or, if there be no such price, the estimated value, with, in either case, freight, landing charges, and duty paid beforehand; provided that, in the case of goods or merchandise customarily sold in bond, the bonded price is deemed to be the gross value. "Gross proceeds" (毛收益) means the actual price obtained at a sale where all charges on sale are paid by the sellers. [cf. 1906 c. 41 s. 71 U.K.] Cap 329 s 72 Apportionment of valuation (1) Where different species of property are insured under a single valuation, the valuation must be apportioned over the different species in proportion to their respective insurable values, as in the case of an unvalued policy. The insured value of any part of a species is such proportion of the total insured value of the same as the insurable value of the part bears to the insurable value of the whole, ascertained in both cases as provided by this Ordinance. (2) Where a valuation has to be apportioned, and particulars of the prime cost of each separate species, quality, or description of goods cannot be ascertained, the division of the valuation may be made over the net arrived sound values of the different species, qualities, or descriptions of goods. |
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