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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doctor, resident, intern, nurse, or other specialist or medical professional providing professional servicesunder contract or agreement with the insured to administer, review, oversee, direct, conduct, consult on, orperform services for a “human clinical trial”.I. Prior Acts or Prior Notice1. A “clinical study incident” that took place before the effective date of this policy, if , before theeffective date of this policy, any insured knew or could have reasonably foreseen that such “clinical studyincident” did or might be expected to give rise to a “claim”; or2. That has been the subject of any written notice given to a prior insurer on or before the effectivedate of this policy.J. Willful and Intentional Non-ComplianceAny insured’s willful and intentional act of non-compliance with any rule or regulation promulgated by theUnited States Food and Drug Administration or by any corresponding regulatory body outside the UnitedStates of America.K. InfringementAny infringement of copyright, patent, trademark, trade secret or other intellectual property rights,including infringement of copyright, trade dress or slogan; and any “claim” alleging, based upon, arisingout of or attributable to false or misleading advertising.L. Insured vs. InsuredAny “claim” brought or maintained by or on behalf of any current or former insured in any capacity againstanother current or former insured.M. DiscriminationDiscrimination, humiliation, or harassment of an individual on any basis including, but not limited to, race,creed, color, age, gender, national origin, religion, disability, marital status or sexual preference, or anyother similar classification protected by law; or alleging, based upon, arising out of or attributable to anyfailure to comply with the Americans With Disabilities Act or any similar law.N. Dishonest, Fraudulent or Criminal Acts165

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