“试车风险”免赔额的实践难题与理论解析

Practical Problem and Theoretical Analysis Regarding Commissioning Deductible Excess in All Risks Insurance

随着EPCC工程承包模式的出现和发展,工程一切险的承保范围由施工活动扩展至试车活动。鉴于试车风险远大于施工风险,保险公司在保单中对试车风险规定了较高的免赔额,作为风险定价机制的补充性方案。但是,如何准确划分施工风险和试车风险,成为实务中的争点和焦点。本文通过分析得出结论,在现有制度环境下,试车风险无法合理定义,因此,保险公司通过提高试车活动免赔额来对试车风险进行定价的做法并不可取,应当寻求替代性解决方案。

With the appearance and the development of EPCC model of construction contracts, the insurance coverage of all risks insurance of the project has been extended from construction to commissioning. Considering that the risks during the period of commissioning are extremely higher than those during the period of construction, the higher deductible excesses are stipulated in all risks insurance of the project by insurance company as a supplementary strategy to deal with higher risks. The conclusion of this paper is that commissioning risks can not be justified to define in the present circumstances. Therefore, it is unfeasible to increase commissioning deductible excesses to price the commissioning risks.