Interim Provisions of Hebei Province on Cargo Transportation Insurance

Article 1 In order to compensate the economic losses caused by natural disasters and accidents in the transportation of insurance goods, strengthen the safety and loss prevention of goods transportation, and promote the production and circulation of goods, these Interim Provisions are formulated in accordance with the relevant provisions of the state. Article 2 All units and individuals who transport goods within the territory of this province must apply for domestic cargo transportation insurance, except for coal, sand, stone, soil, ash, slag, military materials and other provisions of the state and insurance companies. Article 3 The cargo transportation insurance business shall be handled by China People's Insurance Company Hebei Branch and its affiliated institutions (hereinafter referred to as insurance companies). Article 4 An insurer shall handle the railway, waterway, highway, air and cargo combined transport and cargo liability insurance business in accordance with the Domestic Waterway and Railway Cargo Transport Insurance Clauses, Domestic Road Cargo Transport Insurance Clauses, Domestic Air Cargo Transport Insurance Clauses and Cargo Liability Insurance Clauses (hereinafter referred to as "insurance clauses") promulgated or approved by China People's Insurance Company. Article 5 The underwriting of domestic cargo transportation insurance business is divided into three forms: direct business, agency business and reservation business. For direct business, the insurer issues insurance policies directly, and for agency business, the insurer entrusts the carrier department or delivery unit (hereinafter referred to as insurance agent) to issue insurance policies or insurance certificates on its behalf; Units with large freight volume can make an appointment.

The use of its own vehicles to transport goods, the unit should handle direct business or reservation business; Individuals should handle direct business or agency business. Article 6 The shipper of goods (hereinafter referred to as the insured) shall go through the formalities of cargo transportation insurance while consigning the goods. Article 7 The packaging of insurance goods must meet the standards stipulated by the state and relevant departments. Article 8 The liabilities of various types of cargo transportation insurance are divided into basic insurance liabilities and comprehensive insurance liabilities. The insurer determines the insurance coverage according to the type and mode of transportation of the insured goods.

The insurer or insurance agent collects the insurance premium from the applicant according to the risk category, insurance rate and amount stipulated by the People's Insurance Company of China.

The beginning and end of the insurance liability and the time limit for applying for compensation shall be calculated in accordance with the provisions of the insurance clauses.

If there is no agreement in the purchase and sale contract, the insurance premium shall be paid by the party paying the transportation and miscellaneous fees. Article 9 The insured amount shall be calculated according to the provisions of the insurance clauses and the value of the goods or the value of the goods plus freight.

The applicant shall truthfully declare the value of the goods and insure them in full. Article 10 When the insured goods suffer losses within the scope of insurance liability, the insured shall, in accordance with the provisions of the insurance clauses, report the case to the insurer or insurance agent in a timely manner with relevant certificates and put forward the cause of claim. Article 11 After receiving the report, the insurer shall promptly investigate the loss and quickly determine whether to compensate according to the corresponding insurance clauses. Article 12 The maximum compensation determined by the insurer is limited to the insured amount specified in the insurance policy. If the insured amount is consistent with the value of the goods declared by the applicant, compensation shall be made according to the actual loss; If the declared value is higher than the actual value, the compensation amount shall be calculated according to the actual value of the goods; If the declared value is lower than the actual value, the compensation amount shall be calculated according to the ratio between the declared value and the actual value. Article 13 After reaching an agreement with the insured, the insurer shall pay the compensation amount within ten days. The insurer shall bear the liability for breach of contract in case of overdue payment, and pay the liquidated damages according to the short-term loan interest rate of the People's Bank of China at that time. Article 14 An insurance agent shall handle insurance business in strict accordance with relevant state laws and regulations, insurance clauses and the authority agreed in the entrustment contract. Article 15 An insurer is responsible for providing business guidance to insurance agents, providing business documents, supervision and inspection, and paying agency fees according to regulations.

The agency fee shall be paid according to the regulations of China People's Insurance Company, and used for the expenses of the agent's labor remuneration. Article 16 The applicant and the insured shall earnestly fulfill the obligations stipulated in the corresponding insurance clauses. Otherwise, the insurer has the right to terminate the insurance liability or refuse to compensate part or all of its economic losses. Article 17 In case of any dispute between the insured and the insurer, it shall be settled through consultation in time. If negotiation fails, either party may apply to the local economic contract management authority for mediation or arbitration, or bring a lawsuit directly to the people's court.

If an agreement is reached through mediation, the parties concerned shall earnestly perform it. If one or both parties are dissatisfied with the arbitration, they may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration decision. If no prosecution is initiated within the time limit, the award shall have legal effect. Eighteenth the Interim Provisions shall come into force as of the date of promulgation.