12.07.2015 Views

5-2 承保範圍及不保事項 - ACE Group

5-2 承保範圍及不保事項 - ACE Group

5-2 承保範圍及不保事項 - ACE Group

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the Company shall not be increased beyond the limits to which the insurance is subject.SELF INSURED RETENTION CLAUSESelf Insured Retention means the amount stated in (a) below, which is payable by the Insured.(a) [insert amount] each and every occurrence in respect of [insert coverage(s)] under this policy.The liability of the Company to indemnify the Insured under this policy is over and above the Self InsuredRetention and is subject to the following conditions:1. The Company shall have no obligation to make any payment in respect of an Occurrence within the SelfInsured Retention. The Insured shall be solely responsible for any payment in respect of an Occurrencewithin the Self Insured Retention.2. The Self Insured Retention is inclusive of the Supplementary Payments (including legal costs andexpenses) relating to an Occurrence.3. The amount of each claim shall include the following (paid or otherwise):(i)(ii)compensation or damages payable under the policy; andall amounts under the Supplementary Payments (including legal costs and expenses).4. The Company will have sole discretion in determining the amount of any claims under this policy andthe amount of each claim which will contribute to the aggregate.5. Should the amount of any claim change by way of payment or otherwise affect the application of theannual aggregate amount and/or the subsequent Self Insured Retention applied to any claim, theamounts paid will be subject to adjustment at the completion of the Policy Period, with both theCompany and the Insured agreeing to refund any monies due to the other party within 60 daysagreement on the amount owing.6. The Insured will provide the Company with a complete list of all claims reported which do not exceedthe Self Insured Retention within 30 days of the end of the Policy Period.7. The Insured will notify the Company immediately in the event a claim may exceed [insert percentage]%of the Self Insured Retention.8. In the event that, in the reasonable opinion of the Company, a claim to which this policy may apply islikely to exceed the Self Insured Retention, the Company shall have the right, but not the duty, toassociate in the investigation, defence or settlement of such claim.Supplementary Payments – with caps of limitsNotwithstanding any provision to the contrary within this insurance or any endorsement thereto it is herebydeclared and agreed that, the SUPPLEMENTARY PAYMENTS of this policy shall be amended to read asfollow:The Company will pay with respect of any claim or suit:(1) All expenses incurred by the Company, all costs taxed against the insured in any suit defended by theCompany and all interests on the entire amount of any judgment therein which accrues after entry ofthe judgment and before the Company has paid or tendered or deposited in court that part of thejudgment which does not exceed the limit of the Company's liability thereon;(2) Premiums on appeal bonds required in any such suit, and premiums on bonds to release attachmentsin any such suit for an amount not in excess of the applicable limit of liability of this policy;(3) Expenses incurred by the insured for first aid to others at the time of any accident, for bodily injury towhich this policy applies;104

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