Legal Issues of Wrap-up in Owner Controlled Insurance Programs - Based on Construction All Risks Insurance

• Main Authors: Chen, Yao-Nan, 陳耀南
• Other Authors: Chiang, Chao-Kuo
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/20663267372786628511

碩士 === 國立臺北大學 === 法律學系一般生組 === 100 === Contractors’ all risks insurance (CAR) is the most widely used engineering insurance policy , moreover, it is compulsory in public construction programs, which covers material damage and third party liability. Both the applicants and the insured in CAR are the main contractors, but due to complex and multiple of the construction participants, the sub-contractors and the relative contractors shall be named in the insured list in case, so as to manage the whole project risk thoroughly. Owner-controlled insurance programs(OCIP) is a new concept for the owner to wrap up all risk of the project. The difference between CAR and OCIP is that the applicant is the owner in OCIP, so as to manage it’s own risks and profits, prevent contractors from abusing applicant position to damage owner’s interests, and enhance it’s own bargain power involved in the negotiation with the insurer. The Features of OCIP are that the programs manage all insurance policy of the owner and all contractors at once, usually including Erection All Risks Insurance, Machinery insurance, Electronic equipment insurance , Transportation insurance and Commercial third party liability insurance. With the composite insured and the insured subject mentioned above, it will arise many legal issues, such as: When the peril occurs, which composite insured has the right to make claim? Whether the insurer can subrogate to the composite insured who cause the damage? Is the composite insured the so called “Third party” in the policy? Can the insurer refuse to pay any insured when the damage was caused by one of the composite insured? Can the insurer terminate the policy while one of the composite insured breach the duties of Insurance Act article §§ 64, 68? Can the insurer refuse to pay in the CAR policy while the peril is caused by the exclusion of EAR policy? When the insured breach the clause of the section I (Material damage) of the CAR policy, can the insurer terminate the section II (Third party liability) simultaneously? This thesis will start on study of CAR’s clause, trying to figure out the core concept and main purpose of the policy, and then introduce the practice of the CAR in Taiwan in the Chapter 2. In Chapter 3, OCIP will be introduced, and the practice both in modern countries and Taiwan. The author will also predict the impact on engineering insurance field by the owner-controlled concept. In Chapter 4 and Chapter 5, legal issues mentioned above will be discussed. The author will try to conclude a concept of the insurance interests in the complex insured and insured subjects in the engineering insurance , and clear up legal issue herein.