A study on practical disputes about contractors' all risks insurance and endorsements

• Main Authors: Lin, Yan Ru, 林晏如
• Other Authors: Yeh, Chi Chou
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/h64525

碩士 === 國立政治大學 === 風險管理與保險研究所 === 103 === When equipment, materials, and construction methods are speedy developing, the construction industry takes it up a notch. The increasing construction budget and complicate building risks make the construction project more difficult than the past. The tender document from the authorities regulate the supplier should apply for Constructors’ All Risks Insurance (CAR) and its endorsements in order to transfer the building risks. Though proprietors do not force the contractor to apply specific insurance, the bargaining power of proprietor is superior to the undertaker so that most risks underlying the building project are accepted by contractor. For the sake of reducing the building risks, the constructor engages in Constructors’ All Risks Insurance. Since Contractors’ All Risks Insurance is a widely applied risk-transfer approach in the construction industry, the essay is focusing on the disputes in Constructors’ All Risks Insurance and its endorsements such as the Employers' Liability Clause and Vibration Clause. There are five issues will be discussed in the paper, the first one is “Who can receive the claim in CAR, beneficiary or the insured?” The second one is “How to define the third party in CAR? ” ; the third is “Can the insurer reduce the compensation of occupational accident from the Employers’’ Liability Claim?”; the fourth and fifth are “How to define Occurrence in Vibration Clause? and does Vibration Clause coverage include slant?”. The essay collects court decisions, scholar theories, legislation of foreign countries, and base on the concept of insurance law, trying to clarify those issues.