Contractors ' All Risks Policy
Whereas the Insured named in the Schedule hereto has made to LOTTE INSURANCE CO., LTD. (hereinafter called "the Insurers") a written proposal by completing a questionnaire which together with any other statements made in writing by the Insured for the purpose of this Policy is deemed to be incorporated herein, Now this Policy of Insurance witness that subject to the Insured having paid to the Insurers the premium mentioned in the Schedule and subject to the terms, exclusions, provisions and conditions contained herein or endorsed hereon the Insurers will indemnify the Insured in the manner and to the extent hereinafter provided. GENERAL EXCLUSIONS The Insurers will not indemnify the Insured in respect of loss, damage or liability directly or indirectly caused by or arising out of or aggravated by a) war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, mutiny, riot, strike, lock-out, civil commotion, military or usurped power, a group of malicious persons or persons acting on behalf or in connection with any political organization, conspiracy, confiscation, commandeering, requisition or destruction or damage by order of any government de jure or de facto or by any public authority ; b) nuclear reaction, nuclear radiation or radioactive contamination ; c) willful act or willful negligence of the Insured or of his representatives ; d) cessation of work whether total or partial. In any action, suit or other proceeding where the Insurers allege that by reason of the provisions of Exclusion a) above any loss, destruction, damage or liability if not covered by this insurance the burden of proving that such loss, destruction, damage or liability is covered shall be upon the Insured. - 1 -
PERIOD OF COVER The liability of the Insurers shall commence, notwithstanding any date to the contrary specified in the Schedule, directly upon commencement of work or after the unloading of the items entered in the Schedule at the site. The Insurers' liability expires for parts of the insured contract works taken over or put into service. At the latest the insurance shall expire on the date specified in the Schedule. Any extensions of the Period of Insurance are subject to the prior written consent of the Insurers. GENERAL CONDITIONS 1. The due observance and fulfillment of the terms of this Policy in so far as they relate to anything to be done or complied with by the Insured and the truth of the statements and answers in the questionnaire and proposal made by the Insured shall be a condition precedent to any liability of the Insurers. 2. The Schedule and the Section(s) shall be deemed to be incorporated in and form part of this Policy and the expression "this Policy" wherever used in this contract shall be read as including the Schedule and the Section(s). Any word or expression to which a specific meaning has been attached in any part of this Policy or of the Schedule or of the Section(s) shall bear such meaning wherever it may appear. 3. The Insured shall at his own expense take all reasonable precautions and comply with all reasonable recommendations of the Insurers to prevent loss, damage or liability and comply with statutory requirements and manufacturers recommendations. 4. a) Representatives of the Insurers shall at any reasonable time have the right to inspect and examine the risk and the Insured shall provide the representatives of the Insurers with all details and information necessary for the assessment of the risk. b) The Insured shall immediately notify the Insurers by telegram and in writing of any - 2 -
material change in the risk and cause at his own expense such additional precautions to be taken as circumstances may require, and the scope of cover and/or premium shall, if necessary, be adjusted accordingly. No material alteration shall be made or admitted by the Insured whereby the risk is increased, unless the continuance of the insurance be confirmed in writing by the Insurers. 5. In the event of any occurrence which might give rise to a claim under this Policy, the Insured shall a) immediately notify the Insurers by telephone or telegram as well as in writing, giving an indication as to the nature and extent of loss or damage ; b) take all steps within his power to minimize the extent of the loss or damage ; c) preserve the parts affected and make them available for inspection by a representative or surveyor of the Insurers ; d) furnish all such information and documentary evidence as the Insurers may require ; e) inform the police authorities in case of loss or damage due to theft or burglary. The Insurers shall not in any case be liable for loss, damage or liability of which no notice has been received by the Insurers within 14 days of its occurrence. Upon notification being given to the Insurers under this condition, the Insured may carry out the repairs or replacement of any minor damage, in all other cases a representative of the Insurers shall have the opportunity of inspecting the loss or damage before any repairs or alterations are effected. - 3 -
If a representative of the Insurers does not carry out the inspection within a period of time which could be considered as adequate under the circumstances the Insured is entitled to proceed with the repairs or replacement. The liability of the Insurers under this Policy in respect of any item sustaining damage shall cease if said item is not repaired properly without delay. 6. The Insured shall at the expense of the Insurers do and concur in doing and permit to be done all such acts and things as may be necessary or required by the Insurers in the interest of any rights or remedies, or of obtaining relief or indemnity from parties (other than those insured under this Policy) to which the Insurers shall be or would become entitled or subrogated upon their paying for or making good any loss or damage under this Policy, whether such acts and things shall be or become necessary or required before or after the Insured's indemnification by the Insurers. 7. If any difference shall arise as to the amount to be paid under this Policy (liability being otherwise admitted) such difference shall be referred to the decision of an Arbitrator to be appointed in writing by the parties in difference or if they cannot agree upon a single Arbitrator to the decision of two Arbitrator, one to be appointed in writing by each of the parties, within one calendar month after having been required in writing so to do by either of the parties, or, in case the Arbitrators do not agree, of an Umpire to be appointed in writing by the Arbitrators before entering upon the reference. The Umpire shall sit with the Arbitrators and preside at their meetings. The making of an award shall be a condition precedent to any right of action against the Insurers. 8. If a claim is in any respect fraudulent, or if any false declaration is made or used in support thereof, or if any fraudulent means or devices are used by the Insured or anyone acting on his behalf to obtain any benefit under this Policy, or if a claim is made and rejected and no action or suit is commenced within three months after such rejection or, in case of Arbitration taking place as provided herein, within three months - 4 -
after the Arbitrator or Arbitrators or Umpire have made their award, all benefit under this Policy shall be forfeited. 9. If at the time any claim arises under the Policy there be any other insurance covering the same loss, damage or liability the Insurers shall not be liable to pay or contribute more than their rateable proportion of any claim for such loss, damage or liability. - 5 -
SECTION Ⅰ - MATERIAL DAMAGE The Insurers hereby agree with the Insured that if at any time during the period of cover the items or any part thereof entered in the Schedule shall suffer any unforeseen and sudden physical loss or damage from any cause, other than those specifically excluded, in a manner necessitating repair or replacement, the Insurers will indemnify the Insured in respect of such loss or damage as hereinafter provided by payment in cash, replacement or repair (at their own option) up to an amount not exceeding in respect of each of the items specified in the Schedule the sum set opposite thereto and not exceeding in any one event the limit of indemnity where applicable and not exceeding in all the total sum expressed in the Schedule as insured hereby. The Insurers will also reimburse the Insured for the cost of clearance of debris following upon any event giving rise to a claim under this Policy provided a separate sum therefor has been entered in the Schedule. Special Exclusions to Section Ⅰ The Insurers shall not, however, be liable for a) the deductible stated in the Schedule to be borne by the Insured in any one occurrence ; b) consequential loss of any kind or description whatsoever including penalties, losses due to delay, lack of performance, loss of contract ; c) loss or damage due to faulty design ; - 6 -
d) the cost of replacement, repair or rectification of defective material and/or workmanship, but this exclusion shall be limited to the items immediately affected and shall not be deemed to exclude loss of or damage to correctly executed items resulting from an accident due to such defective material and /or workmanship ; e) wear and tear, corrosion, oxidation, deterioration due to lack of use and normal atmospheric conditions ; f) mechanical and/or electrical breakdown or derangement of construction plant, equipment and construction machinery ; g) loss of or damage to vehicles licensed for general road use or water borne vessels or aircraft ; h) loss of or damage to files, drawings, accounts, bills, currency, stamps, deeds, evidences of debt, notes, securities, cheques ; i) loss or damage discovered only at the time of taking an inventory. Provisions Applying to Section Ⅰ MEMO 1. SUMS INSURED : It is a requirement of this insurance that the sums insured stated in the Schedule shall not be less than - 7 -
for item 1 : the full value of the contract works at the completion of the construction, inclusive of all materials, wages, freight, customs duties, dues, and materials or items supplied by the Principal ; for items 2 and 3 : the replacement value of construction plant, equipment and construction machinery ; which shall mean the cost of replacement of the insured items by new items of the same kind and same capacity ; and the Insured undertakes to increase or decrease the amounts of Insurance in the event of any material fluctuation in wages or prices provided always that such increase or decrease shall take effect only after the same has been recorded on the Policy by the Insurers. If, in the event of loss or damage, it is found that the sums insured are less than the amounts required to be insured, then the amount recoverable by the Insured under this Policy shall be reduced in such proportion as the sums insured bear to the amounts required to be insured. Every object and cost item is subject to this condition separately. MEMO 2. BASIS OF LOSS SETTLEMENT : In the event of any loss or damage the basis of any settlement under this Policy shall be a) in the case of damage which can be repaired - the cost of repairs necessary to restore the items to their condition immediately before the occurrence of the damage less salvage, or b) in the case of a total loss - the actual value of the items immediately before the occurrence of the loss less salvage, however, only to the extent the costs claimed had to be borne by the Insured and to the extent they are included in the sums insured and provided always that the provisions and conditions have been complied with. - 8 -
The Insurers will make payments only after being satisfied by production of the necessary bills and documents that the repairs have been effected or replacement has taken place, as the case may be. All damage which can be repaired shall be repaired, but if the cost of repairing any damage equals or exceeds the value of the items immediately before the occurrence of the damage, the settlement shall be made on the basis provided for in b) above. The cost of any provisional repairs will be borne by the Insurers if such repairs constitute part of the final repairs and do not increase the total repair expenses. The cost of any alterations, additions and or improvements shall not be recoverable under this Policy. MEMO 3. EXTENSION OF COVER : Extra charges for overtime, nightwork, work on public holidays, express freight are covered by this insurance only if previously and specially agreed upon in writing. SECTION Ⅱ-THIRD PARTY LIABILITY The Insurers will indemnify the Insured up to but not exceeding the amounts specified in the Schedule against such sums which the Insured shall become legally liable to pay as damages consequent upon a) accidental bodily injury to or illness of third parties (whether fatal or not) - 9 -
b) accidental loss of or damage to property belonging to third parties occurring in direct connection with the construction or erection of the items insured under Section Ⅰ and happening on or in the immediate vicinity of the site during the Period of Cover. In respect of a claims for compensation to which the indemnity provided herein applies, the Insurers will in addition indemnify the Insured against a) all costs and expenses of litigation recovered by any claimant from the Insured, and b) all costs and expenses incurred with the written consent of the Insurers, provided always that the liability of the Insurers under this section shall not exceed the limits of indemnity stated in the Schedule. Special Exclusions to Section Ⅱ The Insurers will not indemnify the Insured in respect of 1.the deductible stated in the Schedule to be borne by the Insured in any one occurrence ; 2.the expenditure incurred in doing or redoing or making good or repairing or replacing anything covered or coverable under Section Ⅰ of this Policy ; 3.damage to any property or land or building caused by vibration or by the removal or weakening of support or injury or damage to any person or property occasioned by or resulting from any such damage (unless especially agreed upon by endorsement) ; 4.liability consequent upon a) bodily injury to or illness of employees or workmen of the Contractor(s) or the Principal(s) or any other firm connected with the project which or part of which is insured under Section Ⅰ, or members of their families ; - 10 -
b) loss of or damage to property belonging to or held in care, custody or control of the Contractor(s), the Principal(s) or any other firm connected with the project which or part of which is insured under Section Ⅰ, or an employee or workman of one of the aforesaid ; c) any accident caused by vehicles licensed for general road use or by waterborne vessels or aircraft ; d) any agreement by the Insured to pay any sum by way of indemnity or otherwise unless such liability would have attached also in the absence of such agreement. Special Conditions Applying to Section Ⅱ 1. No admission, offer, promise, payment or indemnity shall be made or given by or on behalf of the Insured without the written consent of the Insurers who shall be entitled, if they so desire, to take over and conduct in the name of the Insured the defence or settlement of any claim or to prosecute for their own benefit in the name of the Insured any claim for indemnity or damages or otherwise and shall have full discretion in the conduct of any proceedings or in the settlement of any claim and the Insured shall give all such information and assistance as the Insurers may require. 2. The Insurers may so far as any accident is concerned pay to the Insured the limit of indemnity for any one accident (but deducting therefrom in such case any sum or sums already paid as compensation in respect thereof) or any lesser sum for which the claim or claims arising from such accident can be settled and the Insurers shall thereafter be under no further liability in respect of such accident under this section. - 11 -
유의사항 : 본증권은영문증권을한역한것으로해석상의논란이있을경우영문원본에따릅니다. 독일식건설공사보험보통약관 별표에기재된보험계약자가진술서와함께 롯데손해보험주식회사 ( 이하 회사 라합니다 ) 에약정의일부로간주되는질문서를완비하여서면으로청약한것에대하여이증권의별표에표시된보험료를보험계약자가회사에지불하고이증권과이에첨부된배서에포함되어있는용어, 면책사항, 제규정과제조건에따라다음에규정하는방식과한도내에서회사는이를보상하는책임을부담합니다. - 12 -
일반면책사항 회사는직접또는간접을불문하고다음의원인으로인하거나원인에서발생한또는그원인으로악화된손실, 손해또는배상책임은이를보상하지아니한다. a) 전쟁, 침략, 외적의행위, 적대행위 ( 선전포고의유무를불문함 ), 내란, 모반, 반란, 폭동, 파업, 민요, 군사력이나찬탈자의폭력, 어떤정치조직체를위하거나관련된악인의단체적혹은개인적행위, 음모, 몰수, 징발, 압류또는법에의하거나사실상에의하거나정부기관의명령에의한파손또는손해 b) 핵반응, 핵반사또는방사선오염 c) 보험계약자또는피보험자와그대표자의고의적인행위또는고의적인태만 d) 공사의전부또는일부휴지 회사가상기 a) 의면책규정을이유로하여어떠한손실, 파손, 손해또는배상책임이이보험에서담보되지않는다고주장하거나소송을제기할경우에는피보험자는이러한손실, 파손, 손해또는배상책임이이보험에서담보된다는것을증명할책임이있다. 담보기간 회사의보상책임기간은별표에기재된여하한보험개시일에도불구하고건설공사장구내에서의작업의개시또는별표에기재한보험의목적이하역된직후부터개시되고부보된피보험목적물의건설공사가인계되거나사용되는데에따라종료된다. 회사의보상책임기간은늦어도별표에기재한말일에종료되며보험기간을연장하고자할때에는회사의사전서면동의를얻어야한다. - 13 -
일반조건 1. 이증권상의제조건을정당하게파악하고이행함은그러한제조건이피보험자가행동하고이행해야할모든것과피보험자가작성한질문서와청약서의기재사항을규정하고있는한회사가이증권에의한보상책임의전제조건이된다. 2. 별표와각부문은서로결합되어이증권의일부를구성하며이계약에서사용되는이증권 이라는표현은별표와각부문을포함한것으로하며증권또는별표의일부분혹은각부문의일부에첨부되어특정의미로서의단언또는표현도동일한의미로간주한다. 3. 피보험자는자신의경비로서손실, 손해또는배상책임을방지하도록모든정당한주의를해야하며회사의정당한권고에따라야한다. 그리고법률상필요조건과제조업자의권고에도따라야한다. 4.a) 회사의대표자는어떠한경우에있어서도위험을조사또는검사할권리를가지며피보험자는회사의대표자에게위험측정에필요한모든명세와자료를제공하여야한다. b) 피보험자는위험의현저한변동과상황에따라추가예방조치가취해져야할원인이발생하였을경우지체없이서면으로나전신으로회사에자신의경비로서통지하여야하며이에따라필요하다면담보범위와보험료가조정되어야한다. 그러나위험이증가하더라도이보험의계속에대한회사의서면으로된확인이없는한보험계약자또는피보험자의임의로변경시키거나변경을허용할수없다. 5. 이증권하에보험금청구사유가발생하였을경우에피보험자는 a) 지체없이손실또는손해의성질과정도를밝힌서면또는전화, 전보로회사에통지하여야한다. b) 손실또는손해를최대한경감하도록가능한한모든조치를취해야한다. c) 손해부분을보존하고회사의대표자혹은검정인이정당하게조사할수있도록조치하여야 한다. - 14 -
d) 회사가요구하는제자료와증빙서류를제출하여야한다. e) 절도또는도난으로인한손실또는손해의경우에는경찰기관에신고하여야한다. 회사는여하한경우에있어서도사고발생 14 일이내에사고통지를받지아니하면손실, 손 해또는배상책임에대한보상책임을부담하지아니한다. 피보험자는손해가소액인때에는이를수리또는대체한다는통지를회사에한후수리하거 나대체할수있다. 그러나이경우를제외하고는회사의대표자는수리또는대체하기전에손실또는손해를 검사하는권리를가진다. 만약회사의대표자가이런상태하에적당하다고인정되는기간내에검사를수행하지못할 때에는피보험자가수리또는대체를할권리가있다. 이증권하에서손해를입은목적물에대한회사의책임은지체없이적절하게수리되지않 는다면보상할책임을부담하지아니한다. 6. 피보험자는손해보상의전후를막론하고회사의비용으로회사가이증권에의하여손실또는손해를보상함으로써취득또는대위하는제 3 자 ( 이증권하의피보험자는제외 ) 에대한모든권리와손해배상청구권의행사또는배상을받는데필요한행위와사실을이행하거나이를위하여회사가정당하게요구되는행위와사실을이행하고협력하는것에동의하여야한다. 7. 책임에관한해석이달라짐으로해서이증권에의하여지급되는보험금에관하여이의가있을때에는당사자쌍방에의하여서면으로선정된 1 명의중재인의결정에따른다. 만약양당사자가단일중재인의선정에의견이일치하지않으면당사자일방이서면으로요청한후 1 개월이내에각당사자가지정하는 2 명의중재인의결정에따르며, 중재인간의합의가안될때에는심리에들어가기에앞서양중재인에의하여지정되는 1 명의심판인의결정에따른다. 심판인은중재인과함께심리를하고그심의를주재한다. 중재인과심판인의판정을받는것은회사를상대로하는소권취득의전제조건이된다. - 15 -
8. 만약보험금청구가사기행위의목적이나허위진술이거나또는이증권하에피보험자가어떠한이익을취득하기위한사기행위를하였을경우에는보험금청구및보험금청구에대한거부가있은후 3 개월이내에소송을제기하여야하며이규정에따라중재가있는경우에는중재인또는심판인의판정이있은후 3 개월이내에행사하지아니하면이증권하의모든이익을청구할권리를상실한다. 9. 이증권하에서보험금청구가발생하였을때에는이보험과같은손실, 손해또는배상책임을담보하는타보험이있을경우이러한손실, 손해및책임에대하여지급할보험금은그각각의비율에따라지급한다. - 16 -
제 1 부문 - 물적손해 회사는보험기간중특별히제외된원인이외의원인으로별표에기재된보험의목적또는그일부가예기할수없었고갑작스런물리적손실또는손해를입음으로써수리또는대체를하여야할때에는별표에기재된바와같이개별적항목에대하여는각항목별보험금액을초과하지아니하며 1 사고당보상한도액을초과하지않고또한총체적으로별표에기재된총보험금액을초과하지않는범위내에서회사는다음에규정하는바와같은손실또는손해에대하여이를보상하는책임을부담할것을보험계약자또는피보험자와합의한다. 이증권하에서보험금청구가발생하였을경우개개의합계액이별표에명시되어있는것을전제로회사는피보험자에게잔존물제거비용을보상하는책임을부담한다. 제 1 부문에대한특별면책조항 회사는다음각항에대하여보상하는책임을부담하지아니한다. a) 1 사고발생당피보험자가부담하는별표에기재한공제금 b) 위약금, 과태금, 지연의손실, 계약상의불이행의손실 c) 설계결함으로인한손해또는손실 d) 대체비용, 재질또는세공의결함을수정하기위한비용. 그러나이면책조항은직접적으로영향을받은각항목에만한하며재질또는세공의결함으로정당하게사용된보험의목적물에발생한손해또는손실을담보함. e) 사용부족이거나정상기압상태에서의마멸, 침식, 산화, 악화 f) 건설장비, 건설기계의기계적또는전기적파손또는각난 g) 일반도로전용면허를가진차량, 수상수송선박, 항공기의손실및손해 h) 서류, 제도, 계산서, 청구서, 통화, 인지, 증거서류, 화폐, 유가증권및수표의분실또는손해 - 17 -
i) 재고조사중에발견된손해나손실 제 1 부문에적용할규약 메모 1. 총보험가입금액 : 이보험의필요조건으로다음과같으며별표기재총보험가입금액은 다음의가액보다적어서는아니된다. 별표 (1) 항 : 공사기계, 임금, 운임, 관세, 세금및시공자가공급하는자재장비등을포함 하여건설공사종료까지공사의총가액 별표 (2) 항과 (3) 항 : 건설장비및건설기계의대체가액 ; 동종과동일능력의신품으로보 험의목적을대체하는비용을뜻함. 피보험자는임금이나물가의현저한변동이있을경우에는보험금액을그에따라증감시 켜야하며다만이것은회사가증권에기재한이후에만효력을갖는다. 만약손실또는손해가발생하였을경우부보된총보험가입금액이보험가액에미달되는경우이증권에서피보험자가보상받는금액은이계약의보험가입금액의보험가액에대한비율만큼삭감하여비례보상한다. 여하한목적물과비용도이조건에준해서개별. 적으로적용한다 메모 2. 손해사정의기초 : 손실또는손해가발생한때에이증권상의손해사정의기초는제규정 과제조건에따라다음과같이결정한다. a) 수리가가능한손해의경우손해가발생하기직전의상태로보험의목적물을회복시 키는데필요한수리비로하되구제된금액은공제 b) 전손의경우손해가발생하기직전에있어서보험의목적의현실가액으로하되구제 - 18 -
된금액은공제. 그러나그한도는피보험자가부담하는비용이내로서총보험금액에포함된한도내이어 야하며제규정과제조건에적합하여야만하는것을전제로한다. 회사는사정에따라서수리또는대체가이행된것을증명하는청구서및구비서류가 제출되는데따라지급한다. 그러나수리될수있는모든손해는수리를하되만약수리비가손해발생직전에있 어서의보험가액과동일하거나초과할경우에는전항 (2) 에규정된기준에의하여손해를 산정한다. 본수리의일부로서총수리비를증가시키지아니하는임시수리비는회사가이를부담한다. 개조비, 추가비또는개량비는이증권상에서부담하지아니한다. 메모 3. 확장위험담보 : 시간외근무, 야간근무, 공휴일작업, 급행운임등에대한특별비용은사전 에특약으로합의한경우에는이보험에서확장담보한다. 제 2 부문 - 제 3 자배상책임보험 회사는보험기간중에제 1 부문에서부보된보험목적물의조립, 건설또는시험가동에서직접적으로관련되어조립구내에서발생한다음의손해에대하여피보험자가법률상의손해배상책임을부담함으로써입은모든손해를별표에명시한책임한도액을초과하지않는범위내에서보상한다. a) 제 3 자가입은우연한신체상의상해또는병 ( 불치여하에관계없이 ) b) 제 3 자의재산에끼치는손해또는손실 - 19 -
이보험에서보상하는배상청구에대하여회사는다음의비용도추가로지급합니다. a) 피보험자가배상청구자에게지급한모든소송비용 b) 회사에서면으로써승인을얻어지출한모든비용에대한이부분에서의회사의배상책임액은별표에기재된보상한도액을초과하지아니한다. 제 2 부문에적용되는특별면책조항 회사는다음의각호에대하여는보상하지아니한다. 1. 1 사고발생당피보험자자신이부담하여야할별표의공제금액 2. 이증권의제 1 부문에서담보하였거나담보된것을작업또는개량, 수리, 대체하는데따른 비용 3. 진동이나받침대의제거및약화에기인하여재산이나토지, 건물에발생한손해, 혹은상기손해로부터발생하는대인, 대물손해 ( 증권에특별한배서를하지않는한 ) 4. 다음사항의배상책임 a) 도급업자, 발주자또는그들회사의일원이나제 1 부문에서담보되는부분이나공사와관련타회사의고용인, 종업원들의질병이나신체상의상해 b) 상기한고용인이나종업원또는제 1 부문에서담보가된부분이나사업과연관된타회사와발주자도급업체의관리, 관할통제를하고있는재산에대한손해나손실 c) 항공기, 수상수송선박또는일반도로운행허가를가진차량으로인한손해 d) 피보험자에게소속되지않는배상책임으로써합의에의하여피보험자가보상하는배상책임 - 20 -
제 2 부문에적용할특수조건 1. 피보험자는회사의서면에의한동의없이는피보험자를위하여수행한인정, 제의, 약속, 지불또는보상을하여서는아니된다. 회사는만약피보험자가원할경우에는피보험자의명의로변호또는손해의사정을할수있고자신의이익을위하여피보험자의명의로배상청구, 손해보상청구나기타의청구를할수있으며또는어떠한소송절차의이행이나손해보상의결정에대한재량권을가지며피보험자는회사가요구할때에는모든자료를제공하고협조를하여야한다. 2. 회사는사고에관련되는한피보험자에게 1 사고에대한보상한도액을지급하거나 ( 이에각각배상금이이미지급된금액이있는경우에는이를공제하고 ) 이같은사고에기인한배상청구가결정될수있는금액을지급하며회사는이부분의규정에의하여는이와같은사고에대하여그이상의책임을부담하지아니한다. - 21 -