Corn planting insurance clause
Date: 20 10-07- 10
general rule
Article 1 This insurance contract consists of insurance clauses, application forms, insurance policies, insurance certificates, approval forms and attachments. Any agreement on this insurance contract shall be in written form.
object of insurance
Article 2 The owner or operator of corn planting may act as an applicant, and take corn planted in accordance with the following conditions (hereinafter referred to as insurance corn) as the subject matter of this insurance contract and apply for insurance with the insurer:
(a) in line with the local planting norms and technical management requirements generally adopted, and the planting density reaches the standards stipulated by the local agricultural technology department;
(two) the qualified varieties approved by the government departments, and have been planted for more than one year;
(3) The planting place is in the non-flood storage area and flood discharge area above the local flood water level line;
(4) Normal growth.
The applicant shall insure the corn owned or operated by him that meets the above conditions, and shall not choose to insure it.
Article 3 The following corn planting does not belong to the subject matter of this insurance contract:
(a) scattered land, private plots, river banks and wasteland planted in front of and behind the house;
(2) The planting place is in the local flood storage and drainage area;
(3) Other circumstances that do not conform to the provisions of Article 2.
insured liability
Article 4 During the insurance period, if the loss of insured corn is directly caused by the following reasons, and the loss rate reaches more than 30%, the insurer shall be responsible for compensation in accordance with the provisions of this insurance contract:
(a) rainstorm, flood (except for government flood storage and detention areas) and waterlogging;
(2) Storm and hail;
(3) Freezing disaster.
exonerate
Article 5 An insurer shall not be liable for losses and expenses caused by the following reasons:
(1) Intentional acts, gross negligence and mismanagement of the applicant and his family members, the insured and his family members, and employees of the applicant or the insured;
(2) Administrative acts or judicial acts;
(3) War and military action;
(4) After the loss within the scope of insurance liability occurs, the insured destroys or abandons the insured corn planting or replants other crops;
(five) the use of immature management techniques, or do not accept the technical guidance of agricultural production management departments.
Article 6 The insurer shall not be liable for the following losses and expenses:
(a) the loss of intercropping or interplanting other crops;
(2) The direct or indirect expenses invested by the insured and the insured at or after the disaster;
(3) Deductible calculated according to the deductible stipulated in this insurance contract.
Article 7 The insurer shall not be liable for other losses and expenses not covered by this insurance.
Insurance amount and deductible
Article 8 The insured amount per mu of insured corn refers to the direct physical and chemical expenses incurred by the insured corn during the growth period, including the expenses of seeds, fertilizers, pesticides, irrigation, mechanical farming, plastic film, etc., which shall be determined by the insured and the insurer through consultation and stated in the insurance policy, but the maximum shall not exceed 80% of the local average level.
Insurance amount = insurance amount per mu × insurance area
The insurance area is subject to the insurance policy.
Article 9 The deductible for each accident is 20%.
Insurance period
Article 10 The insurance liability period of this insurance contract shall be from the time when corn seedlings are insured or transplanted to the beginning of harvest, but it shall not exceed the insurance period specified in the insurance policy.
insurance expense
Article 11 Insurance premium = insurance amount × insurance rate
Obligations of the insurer
Article 12 After the establishment of this insurance contract, the insurer shall issue an insurance policy or other insurance certificates to the applicant in time.
Article 13 According to the provisions of Article 21, if the insurer thinks that the certificates and materials related to the claim provided by the insured are incomplete, it shall promptly notify the applicant and the insured to supplement them.
Article 14 An insurer shall, after receiving the insured's request for compensation for insurance money, promptly verify whether it belongs to the insurance liability.
The insurer shall notify the insured of the verification result; If it is an insurance liability, it shall perform the obligation of compensation within ten days after reaching an agreement with the insured. If there is an agreement in the insurance contract on the time limit for compensation for insurance benefits, the insurer shall perform the obligation of compensation for insurance benefits in accordance with the agreement.
If the insurer does not belong to the insurance liability after verification as agreed in the preceding paragraph, it shall issue a notice of refusal to pay compensation to the insured within three days from the date of verification, and explain the reasons.
Article 15 If the insurer cannot determine the amount of compensation insurance within 60 days from the date of receiving the claim for compensation insurance money and relevant certificates and materials, it shall pay the amount that can be determined according to the existing certificates and materials in advance; After the insurer finally determines the amount of compensation insurance, it shall pay the corresponding difference.
Obligations of the applicant and the insured
Article 16 When concluding an insurance contract, the applicant shall truthfully inform the insurer about the subject matter insured or the insured.
If the applicant fails to fulfill the obligation of truthful disclosure stipulated in the preceding paragraph intentionally or due to gross negligence, which is enough to affect the insurer's decision to agree to underwrite or increase the insurance premium rate, the insurer has the right to terminate this contract.
If the applicant intentionally fails to fulfill the obligation of telling the truth, the insurer will not bear the insurance liability and will not refund the insurance premium for the insurance accident that occurred before the termination of the contract.
If the insured fails to fulfill the obligation of telling the truth due to gross negligence, which has a serious impact on the occurrence of the insured accident, the insurer shall not be liable for compensation for the insured accident that occurred before the termination of the contract, but shall refund the insurance premium.
Article 17. Unless otherwise agreed, the applicant shall pay the insurance premium when the insurance contract is established.
Article 18 The insured shall abide by the national and local regulations on corn planting management, do a good job in planting management, establish, improve and implement various rules and regulations on field management, accept disaster prevention inspections and reasonable suggestions from agricultural departments and insurers, do a good job in disaster prevention and loss prevention, and safeguard the safety of insured corn.
The insurer may check the insured's compliance with the agreement in the preceding paragraph, and promptly put forward written suggestions to the applicant and the insured to eliminate unsafe factors and hidden dangers, which the applicant and the insured shall earnestly implement.
If the applicant and the insured fail to fulfill their due responsibilities for corn safety as agreed, the insurer has the right to request an increase in insurance premium or terminate the insurance contract.
Article 19 When the subject matter insured is transferred, the insured or the transferee shall promptly notify the insurer.
If the risk degree is significantly increased due to the transfer of the insured corn, the insurer may increase the insurance premium or terminate the contract within 30 days from the date of receiving the notice specified in the preceding paragraph.
If the insured and the transferee fail to fulfill the notification obligation stipulated in this article, and the risk of the insured corn is significantly increased due to the transfer, and an insurance accident occurs, the insurer shall not be liable for compensation for the insurance money.
Article 20 If the danger degree of the insured corn increases significantly within the validity period of the insurance contract, the insured shall notify the insurer in time, and the insurer may increase the insurance premium or terminate the contract.
The insurer shall not be liable for compensation if the insured fails to fulfill the notification obligation agreed in the preceding paragraph and the insured accident is caused by the significant increase in the risk of the insured corn.
Article 21 After the insured becomes aware of the occurrence of the insured accident, he shall:
(1) Try to take necessary and reasonable measures to prevent or reduce losses, otherwise, the insurer will not be liable for the increased losses;
(2) Inform the insurer in time and explain in writing the cause, process and loss of the accident; If it is difficult to determine the nature, cause and loss degree of the insured accident due to intentional or gross negligence, the insurer shall not be liable for the uncertain part, except that the insurer has known or should have known the occurrence of the insured accident in time through other means;
(3) Protect the scene of the accident, and allow and assist the insurer to conduct accident investigation. Refusing or obstructing the insurer's accident investigation, resulting in the inability to find out the cause of the accident or verify the loss, the insurer shall not be liable for the part that cannot be found out or verified.
Article 22 When requesting compensation, the insured shall provide the insurer with the following documents and materials:
(a) the original insurance policy and household list;
(2) A list of claims and losses;
(3) Meteorological certificates issued by meteorological departments at or above the county level;
(4) Other certificates and materials that the applicant and the insured can provide to confirm the nature, cause and loss degree of the insured accident.
If the insured fails to perform the obligations agreed in the preceding paragraph, which makes it impossible for the insurer to verify the loss, the insurer shall not be liable for the part that cannot be verified.
Compensatory therapy
Article 23 In the event of an insured accident, if the insured has no insurable interest in the subject matter insured, he may not claim compensation from the insurer.
Twenty-fourth after the loss of corn insurance, if there is any residual value, it should be handled by both parties through consultation. If it is returned to the insured, its value shall be determined by both parties through consultation and deducted from the insurance compensation.
Twenty-fifth insurance corn losses within the scope of insurance liability, the insurer shall calculate the compensation according to the following methods:
Total loss: the amount of compensation is determined according to different growth periods, and the insurance liability will automatically terminate after all losses are paid in one lump sum.
Maximum compensation ratio of maize in each growth period
growing period
Maximum compensation ratio in the current dangerous period
Miao qi-before jointing
Thirty percent
Before joining-title
50%
Tasseling-before flowering
70%
Before flowering-spinning
80%
Spinning-before maturity
90%
Ripening-before harvest
100%
Compensation amount = insurance amount per mu × proportion of compensation in the current period of danger × affected area ×( 1- no odds)
Partial loss: In case of partial loss, the insurer shall conduct survey registration after on-site survey; If the crops are damaged continuously, the insurer will determine the loss according to the damage of the last site survey.
Compensation amount = the insured amount per mu × the compensation ratio in the current period of danger × (insured output-actual output)/insured output × affected area ×( 1- free of odds).
The insured output shall be agreed by both parties at the time of underwriting, or determined according to the average output of the insured crops in the first three years published by the local (county-level) statistical department.
Article 26 In the event of an insured accident, if the insurance area specified in the insurance policy is smaller than its insurable area, and the insurance area and non-insurance area can be distinguished, the insurer shall take the insurance area specified in the insurance policy as the compensation calculation standard; If it is impossible to distinguish between the insured area and the uninsured area, the insurer shall calculate the compensation according to the ratio of the insured area to the insurable area specified in the insurance policy.
When the insured area specified in the insurance policy is greater than its insurable area, the insurer shall take the insurable area as the calculation standard of compensation.
The insurable area referred to in this article refers to the actual planting area of insured corn that meets the requirements of Article 2.
Article 27 In the event of an insured accident, if the insured amount per mu of insured corn is less than or equal to the actual value at the time of the accident, the insured amount per mu shall be taken as the compensation calculation standard; If the insured amount per mu of insured corn is higher than the actual value at the time of danger, the actual value at the time of danger shall be taken as the compensation calculation standard.
Article 28 If there is double insurance when an insured accident occurs, the insurer shall be liable for compensation in proportion to the sum of the corresponding insurance amount in this insurance contract and the corresponding insurance amount in other insurance contracts and this insurance contract.
The insurer is not responsible for the amount of compensation that other insurers should bear. If the insured fails to tell the truth, causing the insurer to pay more compensation, the insurer has the right to recover the overpaid part from the insured.
Article 29 If part of the insured corn is lost, after the insurer fulfills the obligation of compensation, the insured amount and insurance area of this insurance contract will be reduced accordingly from the date of extinction, and the insurer will not refund the reduced premium.
Article 30 If there is no insured accident and the insured falsely claims for compensation from the insurer, the insurer has the right to terminate the insurance contract without returning the insurance premium.
If the applicant or the insured intentionally creates an insured accident, the insurer has the right to terminate the insurance contract, not to bear the liability for compensation and not to refund the insurance premium.
After the occurrence of an insured accident, if the applicant and the insured fabricate a false cause of the accident or exaggerate the degree of loss with forged or altered relevant certificates, materials or other evidence, the insurer shall not be liable for compensation for the false report.
Article 31 Where losses within the scope of insurance liability should be compensated by the responsible party, the insurer shall subrogate the insured's right to claim compensation from the responsible party within the scope of compensation from the date of compensation to the insured, and the insured shall provide the insurer with necessary documents and relevant information.
If the insured has obtained compensation from the relevant responsible party, the insurer may deduct the amount of compensation that the insured has obtained from the relevant responsible party when paying the insurance money.
If the insured waives the right to claim compensation from the responsible party after the insured accident and before the insurer pays the insurance money, the insurer shall not be liable for compensation; After the insurer compensates the insured, if the insured waives the right to claim compensation from the responsible party without the consent of the insurer, the act is invalid; If the insurer is unable to exercise the right to claim compensation by subrogation due to the intentional or gross negligence of the insured, the insurer may deduct or demand the return of the corresponding insurance money.
Article 32 The limitation of action for the insured to claim compensation from the insurer is two years, counting from the day when the insured knew or should have known the occurrence of the insured accident.
Dispute settlement and application of law
Article 33 Any dispute arising from the performance of this insurance contract shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to the arbitration institution specified in the insurance policy for arbitration; If the arbitration institution is not specified in the insurance policy and no arbitration agreement is reached after a dispute arises, a lawsuit shall be brought to the people's court according to law.
Article 34 All disputes related to or arising from the performance of this insurance contract shall be governed by the laws of People's Republic of China (PRC) (China) (excluding the laws of Hong Kong, Macao and Taiwan).
Any other business
Article 35 This insurance contract shall come into force upon its establishment.
Article 36 If the risk degree is significantly increased due to the transfer of the subject matter insured, the insurer may, within 30 days from the date of receiving the notice stipulated in Article 19, increase the insurance premium or terminate the insurance contract in accordance with the provisions of the insurance contract. When the insurer terminates the insurance contract, it shall collect the insurance premium on a daily basis from the date when the insurance liability starts to the date when the contract is terminated, and return the remaining insurance premium.
Article 37. If all the losses of the insured corn have been insured, this insurance contract will be terminated after the insurer performs the compensation obligation. If it does not belong to the insurance liability, this insurance contract will be terminated, and the insurer will collect the insurance premium from the beginning of the insurance liability to the date of loss on a daily basis, and return the remaining insurance premium.
translate freely
Article 38 When the following terms are involved in this insurance contract, the following definitions shall apply:
(1) rainstorm: it means that the rainfall is above 16 mm per hour, or above 30 mm for 12 hours, or above 50 mm for 24 hours.
(2) Flood: refers to flash floods, river flooding, tide landing, backward flow or water accumulation during rainstorm. Regular high tide, seawater intrusion, leakage of automatic fire extinguishing facilities, perennial water seepage below the water level or underground, and burst of water pipes are not the responsibilities of floods.
(3) Waterlogging: Due to too much precipitation, groundwater can not be removed in time, and the accumulated water in farmland exceeds the flood resistance of crops, resulting in crop yield reduction.
(4) Wind disaster: The responsibility for wind disaster in this article refers to the strong wind above Grade 8, that is, the wind speed above 17.2m/s constitutes the responsibility for wind disaster.
(5) Hail disaster: refers to the loss of serious mechanical damage to crops caused by the freezing ice in cumulonimbus clouds falling from the air under the control of convective weather.
(6) Freezing injury: refers to the phenomenon that plants are frozen or lose all physiological vitality because the temperature is lower than 0℃ or lower than 0℃ for a long time, resulting in plant death or partial death.
(7) Wasteland: land newly reclaimed and planted for less than three years.
(8) Gross negligence: refers to the behavior that the actor not only fails to comply with the higher requirements of legal norms, but also fails to reach the general standards that people should pay attention to and can pay attention to.
(9) Drought: refers to the disaster that the imbalance between soil moisture and water demand for crop growth leads to abnormal water shortage of plants, which directly leads to crop yield reduction or crop failure. The drought is subject to the identification of agricultural departments and meteorological departments at or above the county level.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.