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C Where the assured has no insurable interest throughout the currency of the risk, the premium is returnable, proviede that this rule does not apply to a policy effected by way of gaming or wagering; Where the assured has a defeasible interest which is terminated during the currency of the risk, the premium is not returnable; Where the assured has over-insured under an unvalued policy, a proportionate part of the premium is returnable; Subject to the foregoing provisions, where the assured has over-insured by double insurance, a proportionate part of the several premiums is returnable; Provided that, if the policy are effected at different times, and any earlier policy has at any time borne the entire risk, or if a claim has been paid on the policy in respect of the full sum insured thereby, no premium is returnable in respect of that policy, and when the double insurance is effected knowingly by the assured no premium is returnable.

c 如果在整个风险存在期间,被保险人无保险利益,保险费可予退回,但这一规则对赌博性保险单不适用。如果被保险人的可撤销的利益于风险存在期间终止,则保险费不能退回。如被保险人不定值保险单中超额保险,保险费得按比例退还一部分。除前述条款另有规定外,若被保险人经重复保险而超额保险,几笔保险费按比例退还。但是,如果几份保险单在不同时间开始生效,任何较早订立的保险单已在任何时间承保整个保险,或保险单已就全部保险金额支付赔偿,该保险单项下的保险费不能退回;若被保险人在明知的情况下订立重复保险,保险费不予退还。

CWhere the assured has no insurable interest throughout the c urrency of the risk, the premium is returnable, proviede that this rule does not apply to a policy effected by way of gaming or wagering;Where the assured has a defeasible interest which is termina ted during the currency of the risk, the premium is not returnable; Where the assured has over-insured under an unvalued policy, a proportionate part of the premium is returnable;Subject to the foregoing provisions, where the assured has o ver-insured by double insurance, a proportionate part of the several premiums is returnable; Provided that, if the policy are effected at different times, a nd any earlier policy has at any time borne the entire risk, or if a claim has b een paid on the policy in respect of the full sum insured thereby, no premium is returna ble in respect of that policy, and when the double insurance is effected knowingly by th e assured no premium is returnable.

nbsp;如被保险人不定值保险单中超额保险,保险费得按比例退还一部分。除前述条款另有规定外,若被保险人经重复保险而超额保险,几笔保险费按比例退还。但是,如果几份保险单在不同时间开始生效,任何较早订立的保险单已在任何时间承保整个保险,或保险单已就全部保险金额支付赔偿,该保险单项下的保险费不能退回;若被保险人在明知的情况下订立重复保险,保险费不予退还。

Where is a partial loss of goods, merchandise, or other moveables, the measure of indemnity, subject to any express provision in the policy, is as follows:(1)Where part of the goods, merchandise or other moveables insured by a valued policy is totally lost, the measure of indemnity is such proportion of the sum fixed by the policy as the insurable value of the part lost bears to the insurable value of the whole, ascertained as in the case of an unvalued policy:(2) Where part of the goods, merchandise, or other moveables insured by an unvalued policy is totally lost, the measure of indemnity is the insurable value of the part lost, ascertained as in case of total loss:(3) Where the whole or any part of the goods or merchandise insured has been delivered damaged at its destination, the measure of indemnity is such proportion of the sum fixed by the policy in the case of the valued policy, or of the insurable value in the case of an unvalued policy, as the difference between the gross sound and damaged values at the place of arrival bears to the gross sound value:(4)"Gross value" means the wholesale price, or, if there be no such price, the estimated value, with, in either case, freight, landing charges, and duty paid beforehand; provided that, in the case of goods or merchandise customarily sold in bond, the bonded price is deemed to be the gross value.

货物、商品或者其他动产发生部分损失的,除保险单另有明文规定外,赔偿范围如下:(1)如果定值保险单承保的货物、商品或者其他动产的一部分发生全损,赔偿范围为保险单确定的保险金额中的比例部分,该比例为灭失部分的可保价值占全部可保价值的比例部分。可保价值的确定与不定值保险相同;(3)若不定值保险单承保的货物、商品或者其他动产的一部分发生全损,赔偿范围为损失部分的可保价值,可保价值的确定与全损时相同;(4)如果被保险货物或商品的全部或者一部分以受损状态运抵目的地,赔偿范围以完好毛值与受损价值的差额占完好毛值的比例计算,在定值保险单情况下,是保险单确定的金额的该比例部分,或者,在不定值保险单情况下,是可保价值的该比例部分;(5)"毛值"是指货物的批发价格,如果没有这种价格,则是货物的估计价值,不论哪一种情况,再加上已预先付讫的运费、卸货费和关税之后的价值;但是,如果货物或商品按惯例在关仓出售,那么关仓价格就视为毛值。

Subject to the provisions of this Act and to any express provisions in the policy, where there is a total loss of the subject-matter insured(1) If the policy be a valued policy, the measure of indemnity is the sum fixed by the policy;(2) If the policy be an unvalued policy, the measure of indemnity is the insurable value of the subject-matter insured.

除本法另有规定和保险单另有明文规定外,保险标的发生全损的,(1)如果保险单是定值保险单,赔偿范围是保险单所确定的数额。(2)如果保险单是不定值保险单,赔偿范围是保险标的的可保价值。

A policy may be either valued or unvalued (2) A valued policy is a policy, which specifies the agreed value of the subject-matter insured.

保险单可以是定值保险单,也可以是不定值保险单。(2)定值保险单指载明保险标的的约定价值的保险单

Where there is a loss recoverable under the policy, the insurer, or each insurer if there be more than one, is liable for such proportion of the measure of indemnity as the amount of his subscription bears to the value fixed by the policy in the case of a valued policy, or to the insurable value in the case of an unvalued policy.

(1)被保险人在其保险单项下能得到的损失赔偿叫做赔偿限额。对不定值保险单,赔偿限额是保险标的的全部保险价值;对定值保险单,赔偿限额是保险单中的约定保险价值。(2)在损失根据保险单可以得到赔偿之场合,保险人(或两个以上的保险人中的任何一

Subject to the provisions of this Act and to any express pr ovisions in the policy, where there is a total loss of the subject-matter insured (1)If the policy be a valued policy, the measure of indemnity i s the sum fixed by the policy;(2)If the policy be an unvalued policy, the measure of indemnit y is the insurable value of the subject-matter insured.

除本法另有规定和保险单另有明文规定外,保险标的发生全损的,(1)如果保险单是定值保险单,赔偿范围是保险单所确定的数额。(2)如果保险单是不定值保险单,赔偿范围是保险标的的可保价值。

Where two or more policies are effected by or on behalf of the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this Act, the assured is said to be over-insured by double insurance (2) Where the assured is over-insured by double insurance The assured, unless the policy otherwise provides, may claim payment from the insurers in such order as he may think fit, provided that he is not entitled to receive any sum in excess of the indemnity allowed by this Act; Where the policy under which the assured claims is a valued policy, the assured must give credit as against the valuation for any sum received by him under any other policy without regard to the actual value of the subject-matter insured; Where the policy under which the assured claims is an unvalued policy he must give credit, as against the full insurable value, for any sum received by him under any other policy; Where the assured receives any sum in excess of the indemnity allowed by this Act, he is deemed to hold such sum in trust for the insurers according to their right of contribution among themselves.

当被保险人或其代表,(1)就同一冒险和利益或其中的一部分订立了两份以上的保险单,且保险金额超过本法所允许的赔偿限额时,被保险人即被视为因重复保险而超额保险。(2)在被保险人因重复保险而超额保险之场合:除非保险单另有规定,被保险人可根据自已认为合适的顺序,依次向其保险人索赔,但他所得金额不得超过本法允许的赔偿限额;如果被保险人凭以索赔的保险单是一份定值保险单,被保险人必须将其他保险单项下他已收取的任何数额从约定保险价值中扣除,无需考虑保险标的的实际价值;如果被保险人据以索赔的保险单是一份不定值保险单,被保险人必须将其他保险单项下他已收取的数额从全部保险价值中扣除;若被保险人得到的金额超过本法所允许的赔偿额,则此种超出金额即被视为由被保险人代各保险人托管,由保险人按他们之间的分摊权利摊回。

Where two or more policies are effected by or on behalf o f the assured on the same adventure and interest or any part thereof, and the sums insured exceed the indemnity allowed by this Act, the assured is said to be over-ins ured by double insurance (2)Where the assured is over-insured by double insurance The assured, unless the policy otherwise provides, may claim payment from the insurers in such order as he may think fit, provided that he is n ot entitled to receive any sum in excess of the indemnity allowed by this Act;Where the policy under which the assured claims is a valued policy, the assured must give credit as against the valuation for any sum rec eived by him under any other policy without regard to the actual value of the subject-ma tter insured;Where the policy under which the assured claims is an unvalu ed policy he must give credit, as against the full insurable value, for any sum rec eived by him under any other policy; Where the assured receives any sum in excess of the indemnit y allowed by this Act, he is deemed to hold such sum in trust for the insurers acco rding to their right of contribution among themselves.

1当被保险人或其代表,就同一冒险和利益或其中的一部分订立了两 32。份以上的保险单,且保险金额超过本法所允许的赔偿限额时,被保险人即被视为因重复保险而超额保险。(2)在被保险人因重复保险而超额保险之场合:除非保险单另有规定,被保险人可根据自己认为合适的顺序,依次向其保险人索赔,但他所得金额不得超过本法允许的赔偿限额;如果被保险人凭以索赔的保险单是一份定值保险单,被保险人必须将其他保险单项下他已收取的任何数额从约定保险价值中扣除,无需考虑保险标的的实际价值;如果被保险人据以索赔的保险单是一份不定值保险单,被保险人必须将其他保险单项下他已收取的数额从全部保险价值中扣除;若被保险人得到的金额超过本法所允许的赔偿额,则此种超出金额即被视为由被保险人代各保险人托管,由保险人按他们之间的分摊权利摊回。

Where is a partial loss of goods, merchandise, or other moveables, the measure of indemnity, subject to any express provision in the policy, is as follows:(1)Where part of the goods, merchandise or other moveables insured by a valued policy is totally lost, the measure of indemnity is such proportion of the sum fixed by the policy as the insurable value of the part lost bears to the insurable value of the whole, ascertained as in the case of an unvalued policy:(2) Where part of the goods, merchandise, or other moveables insured by an unvalued policy is totally lost, the measure of indemnity is the insurable value of the part lost, ascertained as in case of total loss:(3) Where the whole or any part of the goods or merchandise insured has been delivered damaged at its destination, the measure of indemnity is such proportion of the sum fixed by the policy in the case of the valued policy, or of the insurable value in the case of an unvalued policy, as the difference between the gross sound and damaged values at the place of arrival bears to the gross sound value:(4)"Gross value" means the wholesale price, or, if there be no such price, the estimated value, with, in either case, freight, landing charges, and duty paid beforehand; provided that, in the case of goods or merchandise customarily sold in bond, the bonded price is deemed to be the gross value.

货物、商品或者其他动产发生部分损失的,除保险单另有明文规定外,赔偿范围如下:(1)如果定值保险单承保的货物、商品或者其他动产的一部分发生全损,赔偿范围为保险单确定的保险金额中的比例部分,该比例为灭失部分的可保价值占全部可保价值的比例部分。可保价值的确定与不定值保险相同;(3)若不定值保险单承保的货物、商品或者其他动产的一部分发生全损,赔偿范围为损失部分的可保价值,可保价值的确定与全损时相同;(4)如果被保险货物或商品的全部或者一部分以受损状态运抵目的地,赔偿范围以完好毛值与受损价值的差额占完好毛值的比例计算,在定值保险单情况下,是保险单确定的金额的该比例部分,或者,在不定值保险单情况下,是可保价值的该比例部分;(5)&毛值&是指货物的批发价格,如果没有这种价格,则是货物的估计价值,不论哪一种情况,再加上已预先付讫的运费、卸货费和关税之后的价值;但是,如果货物或商品按惯例在关仓出售,那么关仓价格就视为毛值。

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