5-2 承保範圍及不保事項 - ACE Group

Company has paid, offered to pay, or deposited in court the part of the judgment that is within theapplicable limit of liability.If the Company defends an Insured in respect of Suit to which this insurance applies and an indemnitee ofthe Insured is also named as a party to the Suit, the Company will defend that indemnitee if all of thefollowing conditions are met:a) the Suit against the indemnitee seeks damages for which the Insured has assumed the liability ofthe indemnitee in a contract or agreement that is an Insured Contract;b) this insurance applies to such liability assumed by the Insured;c) the obligation to defend, or the cost of the defence of, that indemnitee,has also been assumed by the Insured in the same Insured Contract;d) the allegations in the Suit and the information which is known aboutthe Occurrence are such that no conflict appears to exist between theinterests of the Insured and the interests of the indemnitee;e) the indemnitee and the Insured have requested the Company toconduct and control the defence of that indemnitee against such Suit andagree that the Company can assign the same counsel to defend theInsured and the indemnitee; and the indemnitee agrees in writing to:(i) cooperate with the Company in the investigation, settlement ordefence of the Suit;(ii) immediately send us copies of any demands, notices, summonses or legal papers receivedin connection with the Suit;(iii) notify any other insurer whose coverage is available to the indemnitee; and(iv) cooperate with the Company with respect to coordinating other applicable insuranceavailable to the indemnitee; and(v) Provide the Company with written authorization to obtain records andother information related to the Suit; and conduct and control the defenceof the indemnitee in such Suit.On complying with the above conditions, attorneys' fees incurred by the Company in the defence of thatindemnitee, necessary litigation expenses incurred by the Company and necessary litigation expensesincurred by the indemnitee at the Company’s request will be paid as Supplementary Payments.Supplementary payments are payable subject to the following:1.4.8 the Company is not obliged to pay any defence costs or expenses or to defend any Suit after theCompany’s liability under this Policy to indemnify the Insured has been exhausted.1.4.9 The total amount payable by the Company under this Policy including all supplementary paymentswill not exceed the limit of liability stated in the Schedule.139