P.Slip - Sompo China - Cargo QS Facility 2021 - v2 (Clean)
P.Slip - Sompo China - Cargo QS Facility 2021 - v2 (Clean)
UNIQUE MARKET
REFERENCE (UMR): B121921SMW8023
REINSURER: The Reinsurers named in the individual Signing Pages, attached hereto, for their
respective signed line participation stated therein.
PERIOD: Continuous contract commencing 1st April, 2021 (any time zone Local Standard
Time). Subject to three months notice of cancellation to the anniversary date.
Signing hereon for the period from 1st April 2021 to 31st March 2022 both days
inclusive, local standard time at the place where the risk attaches.
SCOPE OF
AGREEMENT: Section 1
Non JIA Cargo business and/or Cargo interest as original underwritten or accepted
by the Reinsured whether directly or by way of co-insurance excluding the account
SMIC (Semiconductor Manufacturing International Corporation).
Section 2
Non JIA Carrier's liability and logistics liability as original underwritten or accepted
by the Reinsured, whether directly or by way of co-insurance excluding the account
SMIC (Semiconductor Manufacturing International Corporation).
Policies in respect of the above two Sections underwritten in the Reinsured’s head
office in the People’s Republic of China and its authorized branches within China.
Section 3
JIA Carrier's liability and logistics liability written or accepted by the Market
Department as original underwritten or accepted by the Reinsured, whether
directly or by way of co-insurance excluding the account SMIC (Semiconductor
Manufacturing International Corporation). But including certain Non JIA insured.
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TERRITORIAL
SCOPE: Loss occurring worldwide for Section 1 and within the People’s Republic of China
(excluding Hong Kong, Taiwan and Macao) for Section 2 and 3.
GENERAL
EXCLUSIONS:
1. Obligatory reinsurance and retrocession business
2. Direct or proportional facultative acceptance of first loss policies, excess
policies, and umbrella policies
3. Retroactive cover in respect of known losses or known incidents or
circumstances
4. Liability transferred to the Reinsured by another insurer in respect of
outstanding losses
5. Policies with no risk transfer element or where the risk transfer element is not
predominant
6. Delegation of underwriting authority to any third party, unless the Reinsurer
agrees expressly and in advance on the conditions, tariffs and underwriting
materials
7. Extra Contractual Obligations (“ECOs”), meaning those liabilities of the
Reinsured to the Insured or a third party which are not within the coverage
granted by any policy covered under this Contract. They include, but are not
limited to any liability of the Reinsured by reason of alleged or actual
negligence, fraud, or bad faith in carrying out its insurance business (including
claims handling), and the Reinsured's share of any ECOs awarded against
one or more of its co-insurers or as a result of its participation in any insurance
or reinsurance which provides cover for such obligations.
8. Pool risks
9. Nuclear Energy Risks Exclusion Clause – Marine (Amended 1/1/1989)
(attached as per Appendix 1)
10. Institute Radioactive Contamination, Chemical, Biological, Bio-Chemical and
Electromagnetic Weapons Exclusion Clause CL370 10/11/03 (attached as per
Appendix 2)
11. Seepage and Pollution Exclusion Clause (Amended 1/1/1989) (attached as
per Appendix 3)
12. Non-Marine Liability Exclusion Clause (Amended 1/10/1987) (attached as per
Appendix 4)
13. War, strikes, riots and civil commotion including Terrorism (i) if not written in
conjunction with ordinary marine risks and (ii) if not subject to the current
Standard Institute (or equivalent) Clauses and in accordance with the
attached JELC Joint Excess Loss Committee Terrorism Exclusion Clause
16/11/01 XL2001/002 (attached as per Appendix 5) and Terrorism Write
Backs (attached as per Appendix 6)
14. Asbestos Exclusion Clause (attached as per Appendix 7)
15. Marine Cyber Endorsement Clause LMA5403 11/11/2019 (attached as per
Appendix 8)
16. Political Risk, Financial Guarantee and Credit Risk Exclusion Clause MW0312
(attached as per Appendix 9)
17. Run-off covers
18. Loss, damage or expense merely arising from insolvency, financial default,
non-fulfilment of financial obligations, or the impossibility of financial transfer
19. Banker’s Blanket Bond Policies
20. Residual value insurance
21. Energy Risk
22. Non-marine business written as such
23. Inward Facultative business and obligatory reinsurances of all kinds
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1. Advance Loss of Profit / Delay in Start-up / Marine Consequential Loss unless specially approved by the
Leading Reinsurer prior to cession.
2. Break up voyage.
3. Cable laying policies.
4. Cash in Transit.
5. Confiscation risks (This shall not apply to cargo war risks cover).
6. Rejection risks.
7. Containers written as such.
8. Contingency risks except for seller's interest.
9. Fine Art and Exhibition.
10. Fish Catch / Fish Farm.
11. Fishmeal unless packed and shipped by containers.
12. Foreign risks unless domestic interest involved.
13. Jewellers Block.
14. Livestock / Bloodstock.
15. Marine liabilities (such as carrier's liability, logistics liability, etc.).
16. Nickel ore and iron ore fines shipped on bulk vessels unless in compliance with the IMSBC Code.
17. Ocean towage and/or coastal towage for a distance longer than 500 nautical miles unless specially
approved by the Leading Reinsurer prior to cession.
18. Rolling stock.
19. Satellites, unless carried as cargo on a pre-launch basis.
20. Ship-owners interest and/or freight.
21. Stock Throughput risks.
22. Timber (i.e. log) on deck.
23. War on land.
24. Warehouse or storage risks unless incidental to marine
25. Cars, automobiles and likes, unless specially approved by the Leading Reinsurer prior to cession.
1. Accounts with two or more losses and a gross incurred loss ratio exceeding 80% in the last underwriting
year prior to cession into this Contract, unless approved by the leading reinsurer prior to cession.
2. Automobile Third Party Liability business written under automobile policies.
3. Freight liability.
4. Cable laying liability.
5. Directors and Officers liability.
6. Consequential loss.
7. Any kind of contractual liability.
8. Towage risks.
9. Bulk shipments of cement and logs.
10. Shipments of dangerous cargoes as per the National Standards of People's Republic of China for the List
of Dangerous Goods GB12268-2012, unless approved by the leading reinsurer prior to cession.
11. Shipments of cash, fine art, specie, livestock, bloodstock, and other live creatures.
12. Bulk shipments of IMSBC Code Group "A" bulk cargoes.
13. Shipments of cranes and other mega sized cargo.
14. Shipments of cargo on deck other than container cargo.
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Quota Share Cession: 70% of Quota Share Limit, being maximum CNY 35,000,000
or equivalent in other currencies any one vessel/ interest on Sompo’s gross written
sum insured basis
Section 2
Quota Share Cession: 70% of Quota Share Limit, being maximum CNY 7,000,000
or equivalent in other currencies any one vessel/ interest on Sompo’s gross written
sum insured basis
Section 3
Quota Share Cession: 70% of Quota Share Limit, being maximum CNY 10,500,000
or equivalent in other currencies any one vessel/ interest on Sompo’s gross written
sum insured basis
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ADDITIONAL
CONDITIONS:
All terms, clauses and conditions as original and to follow the original settlements
in all respects, except ex-gratia payments.
The terms and conditions of this Contract may be subject to review by the
Reinsured in the event of any change in regulations.
Sanction Limitation and Exclusion Clause LMA3100 (attached as per Appendix 12)
ARBITRATION: Any dispute arising from or in connection with the Contract shall be submitted to
China International Economic and Trade Arbitration Commission (CIETAC) in
Beijing according to CIETAC’s arbitration rules in effect at the time of applying for
arbitration.
Where any dispute between the parties arising out of or in connection with this
Contract including formation and validity and whether arising during or after the
period of this Contract has not been settled through negotiation, both parties agree
to submit the dispute to China International Economic and Trade Arbitration
Commission (CIETAC) in Beijing for arbitration. Subject to the provisions set out
below, the arbitration shall be conducted in accordance with the Commission's
arbitration rules in effect at the time of applying for arbitration.
The arbitral tribunal shall be composed of three arbitrators. Unless the parties
agree otherwise, the arbitration tribunal shall consist of persons (including those
who have retired) with not less than ten years’ experience of international insurance
or reinsurance business as persons engaged in such business or advising such
business in a professional capacity. If arbitrators with such experience are not on
CIETAC's Panel of Arbitrators, arbitrators outside of the panel shall be appointed.
This article remains valid, should this Contract be declared or considered void.
CHOICE OF LAW
AND JURISDICTION: This Contract shall be governed by and construed in accordance with the law of
People’s Republic of China and subject to the arbitration clause each party agrees
to submit to the exclusive jurisdiction of the Courts of People’s Republic of China.
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COMMISSION: Section 1
32% on Original Gross Rates (exclude VAT, VAT Surtax and brokerage)
Section 2
24% on Original Gross Rates (exclude VAT, VAT Surtax and brokerage)
Section 3
20% on Original Gross Rates (exclude VAT, VAT Surtax and brokerage)
VAT CLAUSE
Wherever the risk ceded hereunder is subject to the Value-added Tax of the
People’s Republic of China, the following Terms and Conditions shall apply:
Accounts
The Reinsured shall keep separate records of the Value-added Tax and the
Original Gross Net Premium, and state respectively on the Statement of Accounts.
The term “Original Gross Net Premium” wherever used herein, shall mean the
gross premiums without Value-added Tax written by the Reinsured, plus any
additional premiums less only return premiums in respect of business ceded
hereunder.
Commission of this Contract shall be calculated in the way as the ceded Original
Gross Net Premium.
Claims
In respect of VAT arising from claims handling, in the circumstance that the VAT
is recognized and deducted from the claims by the Reinsured, the Reinsured shall
deduct the VAT from the claim expenses when seeking for recovery from the
Reinsurer under this Contract.
VAT Documentation
Each party agrees to do everything that may be necessary or desirable, including
providing VAT invoices and other documentation, to enable or assist the other
party to claim any input VAT credit, set-off, rebate or refund in relation to any
amount of VAT paid or payable in respect of this Contract.
For overseas Reinsurers, the Reinsured shall withhold the additional amount for
VAT and also deduct the Surtax from the Premium. The VAT is 6.00% of the
premium or otherwise required by the applicable laws and regulations. The surtax
is 12% of VAT or otherwise required by the applicable laws and regulations.
RECORDING,
TRANSMITTING AND
STORING
INFORMATION The Intermediary may maintain all files in relation to this Contract electronically.
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REINSURER
CONTRACT
DOCUMENTATION: This document details the Contract terms entered into by the Reinsurers and
constitutes the Contract Document.
Note: A separately prepared wording / policy will not be issued for agreement in
respect of this Contract.
CLAIM AND
LOSS REPORTING: CNY 2,000,000 or equivalent in other currencies for 100% Facility.
CASH CALL LIMIT: CNY 2,000,000 or equivalent in other currencies for 100% Facility.
It is a condition precedent to the Reinsurer's liability that the Reinsured shall give
immediate written notice of any claim or loss where its estimated amount exceeds
or may possibly exceed the amount of RMB 2,000,000 for 100% facility amount.
Notice shall include information about facts, claim or loss assessment and
estimated amount of claim or loss. After such notice the Reinsured shall keep the
Reinsurer informed about the development of any such claim or loss until complete
settlement.
It is noted and agreed that in the event of a catastrophe loss, the above limit will
apply in respect of the total incurred loss from the catastrophe and not on an
individual Risk basis.
BORDEREAUX:
Quarterly Risk and Loss Bordereaux for to be provided to Leading Reinsurer within
30 days after close of each quarter
PREMIUM
RESERVE
AND INTEREST: None.
LOSS RESERVES
AND INTEREST: None.
ACCOUNTS:
Quarterly to be rendered within 45 days after close of each quarter. Outstanding
loss reserves to be submitted together with Account Statement. Settlement within
60 days after close of each quarter.
SPECIAL
ACCEPTANCES All special acceptances to be agreed by the Leading Reinsurer only and to be
binding on all reinsurers hereon.
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COLLATERALISATION
CLAUSE: In accordance with the conditions of the China Risk Oriented Solvency System (C-
ROSS) which implemented by the China Banking and Insurance Regulatory
Commission (CBIRC) during the period of this Reinsurance Contract, it is hereby
noted and agreed that the Reinsured will be entitled to retain a Loss and/or
Premium Reserve deposit from the Reinsurers or alternatively at the Reinsured’s
option the Reinsurer will provide a Letter of Credit as collateral against any credit
risk arising from any potential claims covered under the terms and conditions of
this Contract.
The terms of this Clause shall only apply to overseas reinsurers and shall be
subject to the conditions as required by the C-ROSS regulations.
CURRENCY CLAUSE It is understood and agreed that all balances shall be settled by either party in
original currency. If the settlement currency is different from original currency, the
balances will be settled at the rate of exchange as used by the Reinsured either
on date of settlement or on date of transaction.
In the event of a loss becoming payable, Reinsurers hereon agree to settle such
loss in original currency, or in other currencies at the rate of exchange used by the
Reinsured either on the date of settlement or on date of transaction.
The debtor should follow the “Currency Matching” principle stipulated by the
“Insurance business foreign exchange regulation” (《保险业务外汇管理指引》汇
发[2015]6 号) when settling the account.
SPECIAL
CANCELLATION
CLAUSE The Reinsured shall have the right to terminate this Contract immediately or, at the
option of the Reinsured, retroactively as from the beginning of the then current year
of this Contract, by serving notice of termination of the Reinsured on any given
Reinsurer,
2) If, for a Reinsurer with no rating by S&P Global Ratings or A.M. Best in the
judgement of the Reinsurance Department of the Reinsured which supervises
Reinsurers' security, the security of such Reinsurer has materially deteriorated
since inception of this Contract.
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INTERMEDIARY
CLAUSE: Aon COFCO and Aon Reinsurance China Limited, 34/F One Island East Taikoo
Place 18 Westlands Road Quarry Bay Hong Kong (together, Aon Co-Brokers) act
as co-brokers and jointly provide reinsurance brokerage services to the Reinsured.
The Aon Co-Brokers have engaged Aon’s Reinsurance Solutions business, part of
Aon UK Limited, The Aon Center, The Leadenhall Building, 122, Leadenhall Street,
London EC3V 4AN and/or Aon Reinsurance Asia Pte Limited, 2 Shenton Way,
#26-01, SGX Centre 1, Singapore 068804, (Aon Placing Broker) as placing
broker. The parties agree that all documents and correspondence including all
statements of account and remittances shall be transmitted by and between the
parties hereto via the Aon Co-Brokers and the Aon Placing Broker as those brokers
shall direct from time to time.
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APPENDIX 1:
NUCLEAR ENERGY RISKS EXCLUSION CLAUSE – MARINE
(Amended 1st January, 1989)
1. This Contract excludes nuclear energy risks whether written directly or by way of reinsurance or via
pools or associations. Under this Contract the term „nuclear energy risks“ means any first or third party
insurance (other than workers‘ compensation or employers‘ liability) in respect of:
iii) any other premises or facilities eligible for insurance by any local nuclear pool or Association
but only to the extent of the requirements of the local pool or Association;
(b) to any machinery breakdown or other engineering insurance or reinsurance not coming
within the scope of (a) above, nor affording coverage in the „high radioactivity“ zone;
(c) to any insurance or reinsurance in respect of the hulls of ships, aircraft or other
conveyances;
(d) to any insurance or reinsurance in respect of loss of or damage to (including any expenses
incurred therewith) nuclear or radioactive fuel or nuclear or radioactive waste while in transit
or storage as cargo, other than while being processed or while in storage at the reactor
installation or any other final destination concerned with production, storage or handling of
nuclear fuel or nuclear waste.
1. Yellowcake U308, Uranium Hexafluoride UF6 and Uranium Dioxide UO2 are not considered to be
nuclear fuels.
2. The words „in transit“ in paragraph (d) are intended to include storage as would normally be covered
in the ordinary course of transit to final destination under Institute Cargo Clauses or the like;
3. This clause shall not apply to losses occurring in respect of risks attaching prior to 1st January 1989.
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APPENDIX 2:
INSTITUTE RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND
ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE
This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith
1 In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or
contributed to by or arising from
1.1 ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear
waste or from the combustion of nuclear fuel
1.2 in the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear
installation, reactor or other nuclear assembly or nuclear component thereof
1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or
radioactive force or matter
1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive
matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear
fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural,
medical, scientific or other similar peaceful purposes
10/11/03
CL 370
APPENDIX 3:
SEEPAGE AND POLLUTION EXCLUSION CLAUSE
(Amended 1st January 1989)
1. This Contract excludes claims in respect of liability incurred by any original assured for seepage,
pollution or contamination
(a) on or over land or inland waters unless caused by a sudden event or insured on a sudden
and accidental basis:
2. Nevertheless, claims in respect of the following shall not be excluded by this clause:
(a) control of well policies where such seepage, pollution or contamination follows a well out of
control above the surface of the ground or waterbottom;
(b) liability
(2) under the Outer Continental, Shelf Lands Act, Federal Water Quality Improvement
Act, Arctic Waters Pollution Protection Act
(3) for seepage, pollution or contamination from or caused by vessels, craft or their
cargoes
(4) under aviation policies subject to clauses no less restrictive than AVN 46B;
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APPENDIX 4:
NON-MARINE LIABILITY EXLCUSION CLAUSE
(1st October, 1987 Amended)
1. products liability unless written on a „claims made“ basis within general liability policies; this exclusion of
products liability shall not apply to marine vessels, craft, offshore installations or aircraft.
4. professional indemnity and errors and omissions, unless directly related to:
APPENDIX 5:
JOINT EXCESS LOSS COMMITTEE TERRORISM EXCLUSION CLAUSE
This contract excludes any loss, damage, liability or expense arising from:
a) terrorism; and or
b) steps taken to prevent, suppress, control or reduce the consequences of any actual, attempted,
anticipated, threatened, suspected or perceived terrorism.
For the purpose of this clause, “terrorism” means any act(s) of any person(s) or organisation(s) involving:
(i) the causing, occasioning or threatening of harm of whatever nature and by whatever means;
in circumstances in which it is reasonable to conclude that the purpose(s) of the person(s) or organisation(s)
concerned are wholly or partly of a political, religious, ideological or similar nature.
If any Reinsurer asserts that any loss, damage, liability or expense is not covered by reason of this clause it
shall be for the Reinsured to prove the contrary.
16/11/01
XL 2001/002
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APPENDIX 6:
TERRORISM WRITE BACKS
1. The Terrorism Exclusion Clause above shall not apply to the following:
1.1 Any loss, damage, liability, or expense arising from the operation, ownership, management, or
chartering of:
1.1.1 Vessels, craft, and units, whilst offshore, afloat, under construction or repair, in dock, or in
store ashore.
1.1.2 Seawalls, wharves, piers, jetties, docks, berths, pontoons, and associated dockside
equipment all whilst within the confines of the port, terminal, shipyard, harbour, or marina.
1.1.3 Platforms, facilities, and associated equipment, whilst offshore, or whilst in, on or under any
navigable waters, including all related construction or repair operations.
1.1.4 Pipelines and cables whilst offshore, or whilst in, on or under any navigable waters, (other
than whilst in tunnels) including all related construction or repair operations whilst offshore, or
whilst in, on or under any navigable waters.
1.2 Any loss, damage, liability or expense arising from the carriage, shipment or storage of:
1.2.1 Cargo in the ordinary course of transit in accordance with the Joint Cargo Committee
Termination of Transit Clause (Terrorism) JC2001/056.
APPENDIX 7:
ASBESTOS EXCLUSION CLAUSE
In consideration of the premium charged for this reinsurance, it is hereby understood and agreed that this
contract shall not apply to and does not cover any actual or alleged liability whatsoever for any claim or claims
in respect of loss or losses directly or indirectly arising out of, resulting from or in consequence of, or in any
way involving asbestos, or any materials containing asbestos in whatever form or quantity.
APPENDIX 8:
MARINE CYBER ENDORSEMENT CLAUSE
1. Subject only to paragraph 3 below, in no case shall this insurance cover loss, damage, liability or
expense directly or indirectly caused by or contributed to by or arising from the use or operation, as
a means for inflicting harm, of any computer, computer system, computer software programme,
malicious code, computer virus, computer process or any other electronic system.
2. Subject to the conditions, limitations and exclusions of the policy to which this clause attaches, the
indemnity otherwise recoverable hereunder shall not be prejudiced by the use or operation of any
computer, computer system, computer software programme, computer process or any other
electronic system, if such use or operation is not as a means for inflicting harm.
3. Where this clause is endorsed on policies covering risks of war, civil war, revolution, rebellion,
insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, or
terrorism or any person acting from a political motive, paragraph 1 shall not operate to exclude losses
(which would otherwise be covered)arising from the use of any computer, computer system or
computer software programme or any other electronic system in the launch and/or guidance system
and/or firing mechanism of any weapon or missile.
LMA5403
11 November 2019
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APPENDIX 9:
POLITICAL RISK, FINANCIAL GUARANTEE AND CREDIT RISK EXCLUSION CLAUSE
1. This contract excludes any loss, liability, damage or expense arising from the following:
1.2 All forms of Contract Frustration Business including but not limited to non-performance of contractual
obligations, import and/or export embargo, non-ratification of contracts, exchange transfer, calling of
bonds and guarantees and force majeure indemnities.
1.4 Inability of an assured to recover funds or another consideration advanced under a contract to supply
goods or services.
1.5 Any form of Financial Guarantee, Surety or Credit indemnity, other than Salvage Guarantees.
1.6 Confiscation, Nationalisation, Expropriation, Deprivation, unless such losses would be recoverable
under the InstituteWar Clauses and/or theWar sections of the relevant InstituteWar and Strikes
Clauses or relevant London Aviation Clauses in current use at the inception of this contract, or at the
time when war risks cover would have commenced under the original insurance within the terms of
these clauses, whichever is the earlier; except that if the risks of war are covered in the original policy
(ies) under clauses approved by the London Hull War Risks Joint Sub-Committee, or in respect of
cargo interests under the StandardWar Risks clause of any country which complies with the limitations
of the United Kingdom Waterborne Agreement, the foregoing proviso shall not apply.
1.7 The departure of the Assured’s and/or project management personnel from any country, project or site
in circumstances where:
1.7.1 such personnel have been advised by their own Government(s) (or officially accredited
representative(s) thereof) to evacuate the country or region thereof;
Or
1.7.2 The Assured’s most senior manager in any country (or if absent, his appointed deputy) has
determined that conditions local to any project or site have reached a state of political
instability which could reasonably be interpreted as endangering the lives and/or physical well-
being of such personnel and has issued instructions for their evacuation.
2 Notwithstanding the aforementioned it is understood and agreed that exclusion 1.6 shall not apply where
coverage has been provided on an incidental basis as part of a (cargo and/or specie) package policy
underwritten on an inclusive policy wording.
APPENDIX 10:
INSTITUTE NOTICE OF CANCELLATION AND WAR AUTOMATIC TERMINATION OF COVER CLAUSE -
HULLS, ETC.
Cover hereunder in respect of the risks of war, etc., may be cancelled by either the Underwriters or the Assured
giving 7 days notice (such cancellation becoming effective on the expiry of 7 days from midnight of the day on
which notice of cancellation is issued by or to the Underwriters). The Underwriters agree however to reinstate
cover subject to agreement between the Underwriters and the Assured prior to the expiry of such notice of
cancellation as to new rate of premium and/or conditions and/or warranties.
Whether or not such notice of cancellation has been given cover hereunder in respect of the risks of war, etc.,
shall TERMINATE AUTOMATICALLY
(i) upon the occurrence of any hostile detonation of any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter wheresoever or
whensoever such detonation may occur, whether or not the insured vessel(s) may be involved,
and this insurance excludes loss damage liability or expense arising from such occurrence;
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(ii) upon the outbreak of war (whether there be a declaration of war or not) between any of the
following countries:-
United Kingdom, United States of America, France, the Union of Soviet Socialist Republics,
the People's Republic of China
and this insurance excludes loss damage liability or expense arising from such outbreak of war;
(iii) in respect of any vessel, in connection with which cover is granted hereunder, in the event of such
vessel being requisitioned either for title or use and this insurance excludes loss damage liability
or expense arising from such requisition.
Cover in respect of the risks of war, etc., shall not become effective if, subsequent to acceptance by
the Underwriters and prior to the intended time of attachment of risk, there has occurred any event
which would have automatically terminated cover under the provisions of this clause.
1/10/83
APPENDIX 11:
INFORMATION TECHNOLOGY (IT) CLARIFICATION CLAUSE
Property damage covered under this Contract shall mean physical damage to the substance of property.
Physical damage to the substance of the property shall not include damage to data or software, in particular
any detrimental change in data, software or computer programmes that is caused by a deletion, a corruption
or a deformation of the original structure.
A. Loss of or damage to data or software, in particular any detrimental change in data, software or
computer programmes that is caused by a deletion, a corruption or a deformation of the original
structure, and any business interruption losses resulting from such loss or damage.
Notwithstanding this exclusion, loss of or damage to data or software which is the direct
consequence of insured physical damage to the substance of property shall be covered.
B. Loss or damage resulting from an impairment in the function, availability, range of use or
accessibility of data, software or computer programmes, and any business interruption losses
resulting from such loss or damage.
APPENDIX 12:
SANCTION LIMITATION AND EXCLUSION CLAUSE (LMA3100)
No (Re)insurer shall be deemed to provide cover and no (Re)insurer shall be liable to pay any claim or provide
any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of
such benefit would expose that (Re)insurer to any sanction, prohibition or restriction under United Nations
resolutions or trade or economic sanctions, laws or regulations of the European Union, United Kingdom or
United States of America.
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APPENDIX – Information
The following information has been provided to Reinsurers to support the assessment of the risk at the time of
underwriting.
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The liability of a (re)insurer under this Contract is several and not joint with other
(re)insurers party to this Contract. A (re)insurer is liable only for the proportion of
liability it has underwritten. A (re)insurer is not jointly liable for the proportion of
liability underwritten by any other (re)insurer. Nor is a (re)insurer otherwise
responsible for any liability of any other (re)insurer that may underwrite this Contract.
The proportion of liability under this Contract underwritten by a (re)insurer (or, in the
case of a Lloyd’s syndicate, the total of the proportions underwritten by all the
members of the syndicate taken together) is shown next to its stamp. This is subject
always to the provision concerning “signing” below.
In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the
syndicate itself) is a (re)insurer. Each member has underwritten a proportion of the
total shown for the syndicate (that total itself being the total of the proportions
underwritten by all the members of the syndicate taken together). The liability of each
member of the syndicate is several and not joint with other members. A member is
liable only for that member’s proportion. A member is not jointly liable for any other
member’s proportion. Nor is any member otherwise responsible for any liability of
any other (re)insurer that may underwrite this Contract. The business address of
each member is Lloyd’s, One Lime Street, London EC3M 7HA. The identity of each
member of a Lloyd’s syndicate and their respective proportion may be obtained by
writing to Market Services, Lloyd’s, at the above address.
Proportion of Liability
Unless there is “signing” (see below), the proportion of liability under this Contract
underwritten by each (re)insurer (or, in the case of a Lloyd’s syndicate, the total of
the proportions underwritten by all the members of the syndicate taken together) is
shown next to its stamp and is referred to as its “written line”.
Where this Contract permits, written lines, or certain written lines, may be adjusted
(“signed”). In that case a schedule is to be appended to this Contract to show the
definitive proportion of liability under this Contract underwritten by each (re)insurer
(or, in the case of a Lloyd’s syndicate, the total of the proportions underwritten by all
the members of the syndicate taken together). A definitive proportion (or, in the case
of a Lloyd’s syndicate, the total of the proportions underwritten by all the members
of a Lloyd’s syndicate taken together) is referred to as a “signed line”. The signed
lines shown in the schedule will prevail over the written lines unless a proven error
in calculation has occurred.
Although reference is made at various points in this clause to “this Contract” in the
singular, where the circumstances so require this should be read as a reference to
“Contracts” in the plural.
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UMR B121921SMW8023 1219 ABR
Signing Provisions In the event that the written lines hereon exceed 100% of the order, any lines written
“to stand” will be allocated in full and all other lines will be signed down in equal
proportions so that the aggregate signed lines are equal to 100% of the order without
further agreement of any of the Reinsurers.
However:
a) In the event that the placement order is not completed by the commencement
date of the Period of this Contract then all lines written by that date will be signed
in full;
b) The Reinsured may elect for the disproportionate signing of Reinsurers lines,
without further specific agreement of Reinsurers, providing that any such variation
is made prior to the commencement date of the Period of this Contract, and that
lines written “to stand” may not be varied without the documented agreement of
those Reinsurers;
c) The signed lines resulting from the application of the above provisions can be
varied, before or after the commencement date of the Period of this Contract, by
the documented agreement of the Reinsured and all Reinsurers whose lines are
to be varied. The variation to this Contract will take effect only when all such
Reinsurers have agreed, with the resulting variation in signed lines commencing
from the date set out in that agreement.
The signed line will be entered on the respective Reinsurer signing page by the
Intermediary and shall be notified to the Reinsurer.
Written Lines In a co-reinsurance placement, following Reinsurers may, but are not obliged to,
follow the premium charged by the Leading Reinsurer.
Reinsurers may not seek to guarantee for themselves terms as favourable as those
which others subsequently achieve during the placement.
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UMR B121921SMW8023 1219 ABR
Basis of Agreement
to Contract Changes Applicable to All Reinsurers:
In circumstances where the Reinsurer has the ability to send and receive Association
for Cooperative Operations Research and Development (ACORD) messages:
1. the Intermediary shall have the option to submit any request for the proposed
Contract amendments or changes via an ‘ACORD message’ or using an
ACORD enabled electronic trading platform;
2. whilst the parties may negotiate and agree any Contract amendments or
changes in any legally effective manner, each relevant Reinsurer agrees to
respond via an appropriate ‘ACORD message’ or using an ACORD enabled
electronic trading platform, if the submission from the Intermediary has been
effected in that manner.
In the event that the Reinsurer has specifically notified the Intermediary that it will
not accept Contract changes via an ACORD message this provision will not be
invoked by the Intermediary.
• Each Reinsurer to agree all amendments, other than for Special Acceptances
and Leading Reinsurer provisions, which shall be handled in accordance with
the provisions of the Special Acceptance section of Risk Details or any provision
that is specifically written as Leading Reinsurer only.
Basis of Claims
Agreement Leading Reinsurer
Lloyd’s Syndicates
In accordance with the Lloyd’s Claims Scheme (Combined) or as amended or any
successor thereto.
Lloyd’s Reinsurers agree to waive the Xchanging Ins-sure Services (XIS) settlement
delay procedures in respect of first advice and settlement.
Other Reinsurers
All other Reinsurers to agree claims for their own proportion only and subject to their
own claims agreement practices.
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UMR B121921SMW8023 1219 ABR
Claims Agreement
Parties Leading Reinsurer
Lloyd’s Syndicates
The Leading Lloyd’s Syndicate and, where required by the applicable Lloyd’s Claims
Scheme, the second Lloyd’s Syndicate.
Other Reinsurers
All other Reinsurers subscribing to this Contract (by correspondence).
All Reinsurers
Where a leader is in run-off it may continue to undertake the agreement of claims
provided that all Reinsurers from that market and the Reinsured agree.
Where the Reinsured or one or more Reinsurers do not agree, the next Reinsurer
on the slip will automatically assume responsibility for the agreement of claims as
the substitute leader, provided it is not in run-off.
Claims
Administration Lloyd’s Syndicates and IUA member Reinsurers
Cash loss requests in accordance with the terms of this Contract may be accounted
in advance of the normal periodical contract statements. The Intermediary to ensure
cash losses are refunded if included as a paid loss in subsequent periodic contract
statement.
Other Reinsurers
All non-bureau Reinsurers to be agreed for their participation only.
Settlement
Due Date
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UMR B121921SMW8023 1219 ABR
Bureaux
Arrangements Lloyd’s Syndicates and IUA member Reinsurers
For each separate year of account the Intermediary will prepare a separate ‘Bookslip’
for Lloyd’s Reinsurers and Xchanging Ins-sure Services Reinsurers, to be presented
to Xchanging Claims Services for a “For Declaration Only” (FDO) signing.
Non Bureaux
Arrangements Other Reinsurers
All non-bureau Reinsurers to agree all Contract changes for their respective shares
(by correspondence).
Premium
Processing
Clause - LSW3003 Where the premium is to be paid through Xchanging Ins-sure Services (XIS),
payment to Reinsurers will be deemed to occur on the day that a delinked premium
is released for settlement by the Appointed Intermediary or in the case of non-
delinked premiums, on the day that the error-free Premium Advice Note (PAN) is
submitted to XIS.
Where premiums are to be paid by instalments under the Deferred Account Scheme,
and the Appointed Intermediary does not receive the premium in time to comply with
the agreed settlement date for the second or subsequent instalment, the Appointed
Intermediary, if electing to suspend the automatic debiting of the relevant deferred
instalment, shall advise the Leading Reinsurer in writing and instruct XIS accordingly.
XIS shall then notify Reinsurers.
Payment to any entity within the same group of companies as the Appointed
Intermediary will be deemed to be payment to the Appointed Intermediary.
Nothing in this clause shall be construed to override the terms of any Premium
Payment Warranty or Clause or any Termination or Cancellation provision contained
in this contract. Furthermore, any amendment to the Settlement Due Date of a
premium instalment as a result of the operation of this Premium Processing Clause
shall not amend the date that such instalment is deemed to be due for the purposes
of such Premium Payment Warranty or Clause or Termination or Cancellation
provision unless Reinsurers expressly agree otherwise.
Appointed Intermediary: Aon COFCO, Aon Reinsurance China Limited and Aon’s
Reinsurance Solutions business, part of Aon UK Limited
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UMR B121921SMW8023 1219 ABR
Tax Payable by
Reinsurer(s) As applicable.
Regulatory Risk
Location China 100%
Overseas
Intermediary Aon COFCO, Aon Reinsurance China Limited, Aon’s Reinsurance Solutions
business, part of Aon UK Limited and/or Aon Reinsurance Asia Pte Ltd.
Allocation of
Premium to Coding
Regulatory Client
Classification Reinsurance.
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UMR B121921SMW8023 1219 ABR
Fee Payable
by Client? No.
Total Brokerage 2.5% on ceded premium and excluding any applicable taxes.
Reinsurers will reimburse Aon Reinsurance China Limited for any applicable taxes
on the Brokerage which the Intermediary must remit or pay (not including income
tax, which the Intermediary must pay).
Other Deductions
from Premium None.
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UMR B121921SMW8023 1219 ABR
The Reinsurer hereby agrees to the terms and conditions of the Reinsurance as contained in this Contract and
subscribes for Written Lines as per the below. Where a Signed Line has not been advised at the time of the
Reinsurer signing this contract, the Reinsurer allows the Reinsured to subsequently allocate a signed line,
which is entered below, and which shall be separately notified to the Reinsurer.
The Reinsurer and the person(s) named below warrant and represent that they are authorised by the
Reinsurer to sign on its behalf.
It is noted that the provisions “Warranted No More Favourable Terms” and “Wording to be agreed”
(if contained on the Reinsurer’s stamp) are deemed to be removed.
UMR B121921SMW8023 1219 ABR
The Reinsured hereby agrees to the terms and conditions of the reinsurance as contained in the Contract.
The Reinsured hereby agrees to the terms and conditions of the reinsurance as contained in the Contract.
The Reinsured hereby agrees to the terms and conditions of the reinsurance as contained in the Contract.
The Reinsured hereby agrees to the terms and conditions of the reinsurance as contained in the Contract.
The Reinsured hereby agrees to the terms and conditions of the reinsurance as contained in the Contract.