5-2 承保範圍及不保事項 - ACE Group

(a)(b)(c)The “Effective Date” is [insert date].“Retention” means the amount shown in Condition 4(b) of this endorsement.“Employment Practice Continuity Date” means the earlier of:(1) the Effective Date of this endorsement, or(2) the effective date of the first Employment Practices Entity Cover issued by the Insurerto the Company and continuously maintained in force until the Effective Date of thisendorsement.(d) Definition 2.11 Insured shall also include the Company but only for Claim against theCompany for an Employment Related Wrongful Act.(e)Definition 2.15 Loss means:(1) any damages, judgments and settlements for which an Insured is legally liable inrespect of a Claim;(2) Defence Costs;(3) aggravated, punitive and exemplary damages imposed on the Company whereinsurable by the applicable law, except in relation to Employment Related WrongfulActs (provided that this exception shall not extend to a Claim for defamation, even ifsuch Claim involves an Employment Related Wrongful Act).Loss does not include:3. Exclusions(1) fines or penalties imposed by law, or any matter deemed uninsurable under theapplicable law; or(2) taxes or sums payable in relation to taxes; or(3) the multiplied portion of any damages award; or(4) employee benefits of any description, including but not limited to the provision of longservice payments (including pension), severance payments, bonus payments, stock orshare options, company cars, travel allowances, education and training allowances,housing allowances, medical or dental expenses cover and mobile or othertelephones; or(5) front pay or future salary or wages including commissions.For the purposes of this endorsement only, the Insurer shall not be liable to make any payment forLoss in connection with any Claim or Investigation:(a) based on, arising from or attributable to an Employment Related Wrongful Act receivedby the Company on or prior to the Employment Practice Continuity Date;(b) based on, arising from or attributable to any liability assumed by the Company under anexpress employment contract or agreement unless the Company would have had such liability evenin the absence of such contract or agreement;306