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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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y written admission or final adjudication.For the purpose of determining the applicability of this Exclusion to an Insured Person,no conduct of, facts known to or knowledge possessed by any one Insured shall beimputed to any other Insured Person.For the purpose of determining the applicability of this Exclusion to the PrincipalOrganisation, only the conduct of, facts known to and knowledge possessed by anypast, present or future chief executive officer, chief financial officer, chief operatingofficer, managing director, chairman, Company Secretary, chief legal officer or anyperson who holds an equivalent position, will be imputed to such PrincipalOrganisation.4.2 Prior Matters<strong>ACE</strong> will not pay for any Civil Liability Loss directly or indirectly caused by, arising outof or in any way connected with:(a) any Claim made, threatened or intimated against the Insured before the PolicyPeriod; or(b) any litigation or other proceedings commenced against the Insured before thePolicy Period; or(c) any fact, circumstance, act, omission or claim known or disclosed in the Proposalor of which notice has been given to any other insurer on or before the PolicyPeriod; or(d) any Prior Known Fact.4.3 Insured versus Insured<strong>ACE</strong> will not pay for any Civil Liability Loss in connection with any Claim made by oron behalf of:(a) the Insured, any Associated Person or any of their successors or assigns; or(b) any entity that is operated or managed or controlled by such persons or entitiesreferred to in (a) above.However this Exclusion shall not apply to:(i) Defence Costs in respect of a covered Claim;(ii) a Claim for contribution or indemnity by an Insured if such Claim results fromanother Claim which is covered under this Policy;(iii) a Claim that is brought or maintained by any former Insured Person;(iv) a Claim that is brought by an Insured solely in their capacity as a client orcustomer of the Insured, which would otherwise be covered under this Policy,and is brought without the participation, solicitation, consent or assistance of anyInsured.4.4 Pollution<strong>ACE</strong> will not pay for any Civil Liability Loss directly or indirectly caused by, arising out387

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