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1987年7月20日协会渔船保险条款

  第15条 捕捞设备条款(fishing gear)
  15 FISHING GEAR
  No claim to attach hereto for loss of or damage to fishing gear unless
  15.1 caused by fire lightning or violent theft by persons from outside the Vessel
  15.2 totally lost as a result of the total loss of the Vessel by insured perils.
  捕捞设备的灭失或损坏不得索赔,除非:
  15.1 由于火灾、闪电或来自船舶外部人员的暴力盗窃
  15.2 因承保危险所致的船舶全损引起的全部灭失。
  第16条 未修理的损害条款
  16 UNREPAIRED DAMAGE
  16.1 The measure of indemnity in respect of claims for unrepaired damage shall be the reasonable depreciation in the market value of the Vessel at the time this insurance terminates arising from such unrepaired damage but not exceeding the reasonable cost of repairs.
  16.2 In no case shall the Underwriters be liable for unrepaired damage in the event of a subsequent total loss (whether or not covered under this insurance) sustained during the period covered by this insurance or any extension thereof.
  16.3 The Underwriters shall not be liable in respect of unrepaired damage for more than the insured value at the time this insurance terminates.
  16.1 未修理的损害索赔的赔偿限度,应为本保险终止时的船舶市场价值因此种未修理的损害引起的合理贬值,但不得超过合理的修理费用。
  16.2 在任何情况下,若随后在本保险期间内或本保险延续期内发生全损(不论本保险是否承保该全损),保险人对该未修理的损害不再负责。
  16.3 保险人对未修理的损害的赔偿责任,不应超过本保险终止时的保险价值。
  第17条 推定全损条款
  17 CONSTRUCTIVE TOTAL LOSS
  17.1 In ascertaining whether the Vessel is a constructive total loss, the insured value shall be taken as the repaired value and nothing in respect of the damaged or break-up value of the Vessel or wreck shall be taken into account.
  17.2 No claim for constructive total loss based upon the cost of recovery and/or repair of the Vessel shall be recoverable hereunder unless such cost would exceed the insured value. In making this determination, only the cost relating to a single accident or sequence of damages arising from the same accident shall be taken into account.
  17.1 在确定船舶是否构成推定全损时,船舶的保险价值应以船舶修理后的价值为准,不应考虑船舶或残骸的受损或解体价值。
  17.2 基于保险船舶的恢复和/或修理费用不能据此得到赔偿,除非此种费用已超过保险价值。在作此项决定时,仅应考虑与单一事故或由于同一事故引起的后续损害赔偿有关的费用。
  第18条 碰撞责任条款
  18 COLLISION LIABILITY
  18.1 The Underwriters agree to indemnify the Assured for any sum of sums paid by the Assured to any other person or persons by reason of the Assured becoming legally liable by way of damages for
  18.1.1 loss of or damage to any other vessel or property on any other vessel
  18.1.2 delay to or loss of use of any such other vessel or property thereon, where such payment by the Assured is in consequence of the Vessel hereby insured coming into collision with any other vessel.
  18.2 The indemnity provided by this Clause 18 shall be in addition to the indemnity provided by the other terms and conditions of this insurance and shall be subject to the following provisions:
  18.2.1 Where the insured Vessel is in collision with another vessel and both vessels are to blame then, unless the liability of one or both vessels becomes limited by law, the indemnity under this Clause 18 shall be calculated on the principle of cross-liabilities as if the respective Owners had been compelled to pay to each other such proportion of each other’s damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of the collision.
  18.2.2 In no case shall the Underwriters’ total liability under Clauses 18.1 and 18.2 exceed their proportionate part of the insured value of the Vessel hereby insured in respect of any one such collision.
  18.3 The Underwriters will also pay the legal costs incurred by the Assured may be compelled to pay in contesting liability or taking proceedings to limit liability, with the prior written consent of the Underwriters.
  EXCLUSIONS
  18.4 Provided always that this Clause 18 shall in no case extend to any sum which the Assured shall pay for or in respect of
  18.4.1 removal or disposal of obstructions, wrecks, cargoes or any other thing whatsoever
  18.4.2 any real or personal property or thing whatsoever except other vessels or property on other vessels
  18.4.3 the cargo or other property on, or the engagements of, the insured Vessel
  18.4.4 loss of life, personal injury or illness


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