5-2 承保範圍及不保事項 - ACE Group

and settle any “claim” or “suit” that may result.3. In jurisdictions where we may be prevented by law or otherwisefrom defending the insured or from investigating or settling any “claim” or “suit”, we will reimburse thereasonable and necessary cost of defense, investigation or settlement. To the extent legally allowed, insuch jurisdictions, we will also aid and manage the insured’s defense, investigation or settlement.4. Our right and duty to defend under subparagraph B.1 or to reimburse costs under subparagraphB.3 ends when we have used up the applicable Limit of Insurance in the payment of judgments,settlements, and/or Supplementary Payments (as set forth in Section III. Supplementary Paymentsbelow), or after we have deposited the remaining available Limit of Insurance with a court of competentjurisdiction. In such case, we will withdraw from investigation, defense, payment or settlement of such“suit” and shall tender control of such “suit” to the insured.No other obligation or liability to pay sums or perform acts or services is covered unless explicitly providedfor under Section III. Supplementary Payments.C. How This Insurance AppliesThis insurance applies to “bodily injury” and “property damage” only if:1. The “bodily injury” or “property damage” is caused by a “clinical study incident” whichresults from any performance of “clinical studies” that takes place in the “coverage territory”;2. The “bodily injury” or “property damage” did not occur before the Retroactive Date, ifany, shown in the Schedule above or after the end of the policy period; and3. A “claim” for damages because of “bodily injury” or “property damage” is firstmade against any insured, in accordance with paragraph D. below, and reported to us in writing during thepolicy period or any Extended Reporting Period provided under Section IV. Extended Reporting Periods.D. A “claim” by a person or organization seeking damages will be deemed to have been made whennotice of such “claim” is received and recorded by any insured or by us, whichever comes first.All “claims” for damages because of “bodily injury” to the same person, including damagesclaimed by any person or organization for care, loss of services, or death resulting at any time from the“bodily injury”, will be deemed to have been made at the time the first of those “claims” is made againstany insured.162