5-2 承保範圍及不保事項 - ACE Group

exclude coverage for any such claims, suits or proceedings.Sudden and Accidental Pollution – Time ElementThe Pollution Exclusions under Exclusions 3.6 are deleted in their entirety and replaced by the following:This insurance does not apply to:PollutionBodily injury or Property Damage arising out of or in any way related to the actual, alleged or threateneddischarge, dispersal, release or escape of Pollutants by whomever caused, including, but not limited to,into or upon the land, the atmosphere or any watercourse or body of water, including underground wateror water table supplies; but this exclusion does not apply if such discharge, dispersal, release or escape issudden and accidental and meets all five of the following conditions:1. the discharge, dispersal, release, or escape must be neither expected or intended by the Insured, and2. the beginning of the discharge, dispersal, release or escape must take place during the Policy Period,and3. the discharge, dispersal, release or escape must be physically evident to the Insured or other partieswithin 72 hours of the beginning of the discharge, dispersal, release or escape, and4. the initial Bodily Injury or Property Damage caused by the discharge, dispersal, release or escape mustensue within 72 hours of the beginning of the discharge, dispersal, release or escape.5. Notwithstanding anything to the contrary in 4.2 Insured’s duties in the event of an Occurrence or anyother policy conditions, the Occurrence must be reported to the Company as soon as practicable but notlater than 30 days after the beginning of the discharge, dispersal, release or escape.If the Company and the Insured should disagree with regard to when a discharge, dispersal, release orescape begins or becomes evident, the burden of proving that all 5 enumerated conditions are met restswith the Insured, at the Insured’s own expense. Until the Company accepts such proof, the Company may,but are not obligated to defend any claim.This insurance does not apply to any cost or expense arising out of or is in any way related to anygovernmental or other demand or request that an insured test for assessing, monitoring, cleaning up,removing, containing, treating, detoxifying or neutralizing “pollutants”. This includes demands, directives,complaints, suits, or requests brought by any governmental entity or by any person or group of persons.The Company shall not have the duty to defend any claim or suit seeking to impose such costs, expenses,liability for damages or any other relief.Incidental Products Liability (A)It is hereby declared and agreed that with effect from inception, the Company will pay on behalf of theInsured all sums which the Insured shall become legally liable to pay as Compensation because of BodilyInjury or Property Damage included within the Definition of 2.17 Product of incidental products. IncidentalProducts include embossed ash trays, calendars, pens, watches and clocks used for promotional and189