5-2 承保範圍及不保事項 - ACE Group

covered unless provided for under SUPPLEMENTARY PAYMENTS. This insurance does not apply tobodily injury and property damage which occurred before the Retroactive Date, if any, shown on theDeclarations page or which occurs after the policy period. The bodily injury or property damage must becaused by an occurrence. The occurrence must take place in the Policy territory.A claim shall be deemed to have been made only when suit is brought or written notice of such claim isreceived by the insured.All claims for damages because of bodily injury or property damage sustained by any one person ororganization as a result of any one occurrence shall be deemed to have been made at the time the first ofthose claims is made.The Company shall have the right and duty to defend any suit against the Insured seeking damages onaccount of such bodily injury or property damage, even if any of the allegations of the suit are groundless,false or fraudulent, and may make such investigation and settlement of any claim or suit as it deemsexpedient, but the Company shall not be obligated to pay any claim or judgment or to defend any suit afterthe applicable limit of the Company's liability has been exhausted by payment of judgments orsettlements.B) ExclusionsThis insurance does not apply to:(1) bodily injury or property damage expected or intended from the standpoint of the Insured. Thisexclusion does not apply to bodily injury resulting from the use of reasonable force to protect personsor property.(2) bodily injury or property damage for which the Insured is obligated to pay damages by reason of theassumption of liability in a contract or agreement. This exclusion does not apply to liability fordamages:(a) assumed in a contract or agreement that is an insured contract, or(b) that the Insured would have in the absence of the contract or agreement.(3) bodily injury or property damage for which any Insured may be held liable by reason of:(a) causing or contributing to the intoxication of any person;(b) the furnishing of alcoholic beverages to a person under the legal drinking age or under theinfluence of alcohol; or(c) any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholicbeverages.This exclusion applies only if the Insured is in the business of manufacturing, distributing, selling,serving or furnishing alcoholic beverages.(4) any obligation of the Insured under a workers compensation, disability benefits or unemploymentcompensation law or any similar law.(5) bodily injury to:(a) any employee of the insured arising out of and in the course of employment by the insured; or(b) the spouse, child, parent, brother or sister of that employee as a consequence of (a) above.This exclusion applies:(a) whether the insured may be liable as an employer or in any other capacity; and(b) to any obligation to share damages with or repay someone else who must pay damages becauseof the injury.This exclusion does not apply to liability assumed by the Insured under an insured contract.(6) bodily injury or property damage due to war, whether or not declared, or any act or condition incident towar. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liabilityassumed under a contract or agreement.(7) property damage to the Named insured's products arising out of such products or any parts of suchproducts;(8) property damage to impaired property or property that has not been physically injured, arising out of;(a) a defect, deficiency, inadequacy or dangerous condition in the insured's product; or(b) a delay or failure by the Insured or anyone acting on his behalf to perform a contract or agreementin accordance with its terms.This exclusion does not apply to the loss of use of other property arising out of sudden and accidentalphysical injury to the insured's product or work after it has been put to its intended use.(9) damages claimed for the withdrawal, inspection, repair, replacement, or loss of the use of the NamedInsured's products or work completed by or for the Named Insured or of any property of which suchproducts or work form a part, if such products, work or property are withdrawn form the market or fromuse because of any known or suspected defect or deficiency therein;(10) bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke,81