Lawyers Professional Liability Insurance Policy NOTICE : This is a claims made form. Except to Such extent as may otherwise be provided herein, the coverage afforded under this Insurance Policy limited to liability for only those Claims that are first made against the insured and reported to the Underwriters while the insurance is in force. The Limit of Liability available to pay Damages shall be reduced and may be completely exhausted by payment of Claims Expenses. Damages and Claims Expenses shall be applied against the deductible. Please review the coverage afforded under this Insurance Policy carefully and discuss the coverage hereunder with your Insurance agent or broker. The Underwriters agree with the insured, named in the Declarations made a part hereof. In consideration on the payment of the premium and reliance upon the statements in the application which is made a part of this insurance Policy (hereinafter "Policy" or "insurance") and subject to the Limit of Liability, exclusions, Conditions and other terms of this insurance: Ⅰ. Insuring Agreements A. Coverage To Pay on behalf of the insured Damages and Claims Expenses which the insured shall become legally obligated to pay because of any Claim or Claims, including Claim(s) for Personal injury as hereafter defined, first made against the insured and reporting to the Underwriters during the Period of Insurance or Extended Reporting Period, arising out of any act, error or omission of the Insured in rendering or failing to render professional services for others in the insured's capacity as a lawyer, Fiduciary or Notary Public, but solely for acts on behalf of the Named insured designated in item 1 of the Declarations and caused by the insured, except as excluded or limited by the terms, conditions and exclusions of the Policy. B. Defense and Settlement(included in the limit of Liability) 1. The Underwriters shall have the right and duty to defend, subject to the Limit of Liability, any Claim against the insured seeking Damages which are payable under the terms of this insurance, even if any of the allegations of the Claim are groundless, false or fraudulent. However, Underwriters shall not formally appoint defense counsel without the consent of the Named Insured, such consent not to be unreasonably withheld. 2. It is agreed that the Limit of Liability available to pay Damages shall be reduced and may be completely exhausted by payment of Claims Expenses. Damages and Claims Expenses shall be applied against the deductible.
3. The Underwriters shall have the right to make any investigation they deem necessary, including without limitation, any investigation with respect to the application and statements made in the application and, with respect to coverage. 4. If the insured shall refuse to consent to any settlement or compromise recommended by the Underwriters and acceptable to the claimant and elects to contest the Claim, Underwriters' liability for any Damages and Claims Expenses shall not exceed the amount for which the Claim could have been settled plus the Claims Expenses incurred up to the time of such refusal, or the applicable Limit of Liability, whichever is less, and the Underwriters shall have the right to withdraw from the further defense thereof by tendering control of said defense to the insured. 5. It is further provided that the Underwriters shall not be obligated to pay any damages or Claims Expenses, or to undertake or continue defense of any suit or proceeding after the applicable Limit of the Underwriters' Liability has been exhausted by payment of Damages or Claims Expenses or after deposit of the applicable Policy limit in a court of competent jurisdiction, and that upon such payment the Underwriters shall have the right to withdraw from the further defense thereof by tendering control of said defense to the insured. Ⅱ. Definition of Insured Each of the following is an insured under this insurance to the extent set forth below: (a) If the Named Insured designated in item 1 of the Declarations is an individual, the person so designated but only with respect to the conduct of a law practice of which the individual is the sole proprietor: (b) If the Named Insured designated in item 1of the Declarations is a partnership, the partnership so designated and any lawyers who are partners thereof including any incorporated partners and their shareholders but solely for acts on behalf of the Named Insured designated in item 1of the Declarations : (c) If the Named Insured designated in item 1 of the Declarations is a Professional Corporation or Professional Association, the Professional Corporation or Professional Association so designated and any lawyers who are stockholders or members thereof but solely for acts, on behalf of such Named Insured : (d) any lawyer acting as " of counsel" but solely for acts on behalf of the Named Insured designated in item 1of the Declaration : (e) any employed lawyer or other employee but solely for acts on behalf of the Named Insured designated in item 1 of the Declarations :
(f) any person who previously qualified as an insured under (b), (c), (d) or (e) above prior to the termination of the required relationship with the Named Insured, but solely for acts on behalf of the Named Insured designated in item 1 of the Declarations : (g) any partnership, Professional Corporation or Professional Association, advised in writing to the Underwriter, of which the Named Insured is the successor : (h) any lawyer who during the period of insurance becomes a partner, Member, stockholder or employee of the named Insured but solely for acts on behalf of the named insured designated in item 1 of the Declarations : (i) the estate, heirs, executors, administrators, assigns and legal representatives of any insured in the event of such insured's death incapacity, insolvency or bankruptcy, but only to the extent that such insured would otherwise be provided coverage under this insurance. Ⅲ. Territory This insurance applies to any acts, errors or omissions which take place anywhere in the world provided that the Claim is first made against the insured within the Republic of Korea its territories during the Period of Insurance or Extended Reported Period when purchased in accordance with Clause Ⅸ. Ⅳ. Exclusions The coverage under this insurance does not apply to Damages or Claims Expenses incurred with respect : (a) to any Claim brought by or on behalf of any public prosecutor, including but not limited to, any attorney general, district attorney, state's attorney or county attorney : (b) to punitive or exemplary damages, fines, penalties, sanctions or any damages which are a multiple of compensatory damages, except that if a Claim shall have been bought against the insured seeking both compensatory and either punitive or exemplary damages, fines, penalties sanctions or damages which are a multiple of compensatory damages, then any coverage which may be afforded by this Policy will apply to any claims Expenses incurred without liability, However, for such punitive or exemplary damages, fines, penalties, sanctions or damages which are a multiple of compensatory damages:
(c) to any Claim arising out of any dishonest, fraudulent or malicious act, error or omission of any insured, committed with actual dishonest,audulent or malicious purpose or intent. However, notwithstanding the foregoing, the insurance afforded by this Policy shall apply to Claims Expenses incurred in defending any such Claim or circumstance which might lead to a Claim, but shall not apply to any Damages which the insured might become legally obliged to pay. (d) to any Claim by one insured under this insurance against another insured under this insurance : (e) to any Claim arising out of bodily injury to, or sickness, disease or death of any person, or to injury to or destruction of any tangible property, including the loss of use thereat : (f) to any loss sustained by an insured as a beneficiary or distributee of any trust or estate: (g) to any Claim arising out of any insured's activities as a trustee, partner, officer, director or employee of any employee trust, charitable organization, corporation, company or business other than that of the Named Insured : (h) to a Claim made by or against or in connection with any business enterprise(including the ownership, maintenance or care of any property in connection therewith) not named in item 1 of the Declarations, which in owned by any insured or in which any insured is a trustee, partner, officer, director or employee(except where he is an employee solely by virtue of having retained to perform legal services), or which is directly or indirectly controlled operated or managed by any insured in a non-fiduciary capacity. (i) to any Claim arising out of any acts, errors, or omissions which took place prior to the effective date of this insurance, if any insured on the effective date knew or could have reasonably foreseen that such acts, errors or omissions might be expected to be the basis of a Claim. (j) to any Claim arising out of any Insured's capacity as an elected public official or as an employee of a governmental body, subdivision, or agency thereof unless the Insured is deemed an employee solely by virtue of rendering legal services to such governmental body, the remuneration for which services insures to the benefit of the Named Insured : (k) to any Claim arising out of any insured's activities and/or capacity as a Fiduciary under the Employee Retirement Income Security Act related and its amendments or any regulation or order issued pursuant thereto, except if the insured is deemed to be a Fiduciary solely by reason of legal advice rendered with respect to any employee benefit plan : (l) to any Claim or circumstance which might lead to a Claim in respect of which any insured has given notice to the insurer of any other Policy in force previous to the effective date of this Policy :
(m) to any Claim seeking the return or reimbursement of legal fees, costs or expenses paid to the insured. If a retroactive date is applicable to this coverage it will appear at item 6 of the Declarations and the following exclusion shall apply. (n) to any Claim or circumstance that might lead to a Claim arising out of any act, error or omission which took place, or is alleged to have taken place, prior to the Retroactive date as set forth in item 6 of the Declarations. Ⅴ. Conditions Definitions : Wherever used in this Policy : A. "Personal Injury" means : (1) false arrest, detention or imprisonment, wrongful entry or eviction or other invasion of the right of private occupancy, or malicious prosecution : (2) libel or slander or other defamatory or disparaging material, or a publication or an utterance in violation of an indivi dual's right of privacy. B. "Claims Expenses" means : (1) fees charged by an attorney designated by Underwriters and consented by the Named Insured, with such consent not to be unreasonably withheld : and (2) all other fees, costs and expenses resulting from the investigation, adjustment, defense and appeal of a Claim, suit or proceeding arising in connection therewith, if incurred by the Underwriters, or by the insured with the written consent of the Underwriters. (3) Claims Expenses does not include any salary, overhead or other charges by the insured for any time spent in cooperating in the defense and investigation of any Claim or circumstance which might lead to a Claim notified under this insurance. C. "Period of Insurance" means the period of time between the inception date shown in the Declarations and the effective date of termination, expiration or cancellation of this insurance and specifically excludes any Extended Reporting Period hereunder. D. "Extended Reporting Period", if applicable, means the 12month period of time after the end of the Period of insurance for reporting Claims arising out of acts, errors or omissions which took place prior to the end of the Period of Insurance and are otherwise covered by this insurance.
E. "Claim" means a demand received by any insured for money or services including the service of suit or institution or arbitration proceedings against the insured. F. "Fiduciary" except as set forth in Clause Ⅵ(i), means an insured's capacity as an administrator, conservator, executor, guardian, trustee, receiver, escrow agent or any similar capacity. G. "Damages" means a monetary judgment, award or settlement. H. Discovery Discovery occurs when the Assured becomes aware of facts which would house a reasonable person to assume that a loss covered by the Policy has been or will be incurred, even though the exact amount or details of loss may not then be known. Notice to the Assured of an actual or potential claim by a third party which alleges that the Assured is liable under circumstances which, if true, would create a loss under this Policy constitutes such discovery. Whenever the singular form of a word is used herein, the same shall include the piural when required by context. Ⅵ. Limit of Liability A. The Limit of Liability stated in the Declarations is the limit of the Underwriters liability for all Damages and Claims Expenses arising out of the same, ated or continuing professional services without regard to the number of insureds, Claims or claimants. B. The Limit of Liability stated in the Declarations as "aggregate" is the total Limit of the Underwriters' Liability for all Damages and Claims Expenses arising out of Claims or circumstances which might lead to a Claim first made and reported to the Underwriters during the Period of insurance during the Extended Reporting Period and Claims arising out of the same, related or continuing professional services as such Claims or circumstances which might lead to a Claim. C. The Limit of Liability for the Extended Reporting Period shall be part of, and not in addition to, the Limit of Liability of the Underwriters for the Period of insurance. Ⅶ. Deductible The deductible amount stated in the Declarations, shall be satisfied by payments by the insured of Damages and Claims Expenses resulting from all Claims first made and reported to the underwriters
during the Period of Insurance and the Extended Reporting Period as a condition precedent to the payment by the Underwriters of any amounts hereunder and the Underwriters shall be liable only for amounts in excess of such Deductible subject to Underwriters' total liability not exceeding the limit set forth in item 3of the Declarations. The insured shall make direct payments within the deductible to appropriate other parties designated by the underwriters. Ⅷ. Innocent Insured A. Whenever coverage under this insurance would be excluded, suspended or lost : (1) because of any exclusion relating to criminal, dishonest, fraudulent or malicious acts, errors or omissions by any insured, and with respect to which any other insured did not personally participate or personally acquiesce or remain passive after having personal knowledge thereof, or (2) because of noncompliance with any condition relating to the giving of notice to the Underwriters with respect to which any other insured shall be in default solely because of the failure to give such notice or concealment of such failure by one or more insureds responsible for the loss or damage otherwise insured hereunder, then Underwriters agree that such Insurance as would otherwise be afforded under this Policy shall cover and be paid with respect to those insureds who did not personally commit or personally participate in committing or personally acquiesce in or remain passive after having personal knowledge of (a)one or more acts errors or omissions described in any exclusion : or (b) such failure to give notice, provided that if the condition be one with which such insured can comply, after receiving knowledge thereof, the insured entitled to the benefit of Clause Ⅷ shall comply with such condition promptly after obtaining knowledge of the failure of any other insured to comply therewith. B. With respect to this provision, the Underwriters' obligation to pay in such event shall be in excess of the deductible and in excess of the full extent of any assets of any insured to whom the exclusion applies., in no event shall the Underwriters' obligation to pay exceed the Limit of Liability stated in item 3 of the Declarations. Ⅸ. Extended Reporting Period A. In the event of cancellation or non-renewal of this insurance by Underwriters, the Named Insured designated in item 1of the Declarations shall have the right, upon payment in full and not proportionally or otherwise in part of 100% of the Premium set forth in item 5 of the Declarations to have issued an endorsement providing a 12 month Extended Reporting Period for Claims first made
against any Insured and reported to the Underwriters during the Extended Reporting Period, subject to the Conditions set forth in the definition of Extended Reporting Period herein, In order for the Named Insured to invoke the Extended Reporting option, the payment of the premium for the extended Reporting Period must be pain to Underwriters within 30days of the non-renewal or cancellation. B. The Limit of Liability for the Extended Reporting Period shall be part of, and not in addition to, the Limit of Liability of the Underwriters for the Period of Insurance. C. The quotation by Underwriters of a different premium or deductible or Limit of Liability or changes in policy language for the purpose of renewal shall not constitute a refusal to renew by the Underwriters. D. The right to the Extended Reporting Period shall not be available to the Named Insured where cancellation or non-renewal by the Underwriters is due to non-payment of premium or failure of an insured to pay such amounts in excess of the applicable Limit of Liability or within the amount of the applicable deductible. E. All notices and premium payments with respect to the Extended Reporting option shall be directed to Underwriters through the entity named in item 9 of the Declarations. F. At the commencement of the Extended Reporting Period the entire premium shall be deemed earned, and in the event the Named Insured terminates the Extended Reporting Period for any reason prior to its natural expiration, Underwriters will not be liable to return any premium paid for the Extended Reporting Period. Ⅹ. Other Insurances This insurance shall apply in excess of any valid and collectable insurance available to any insured, unless such other insurance is written only as specific excess insurance over the Limit of Liability of this Policy. XI. Notice of Claim, or Circumstance That May Lead to a Claim A. If any claim is made against the Insured, the Insured shall immediately forward to Underwriters through persons named in item 7 of the Declarations every demand, notice, summons or other process received by him or his representative.
B. If during the Period of insurance or Extended Reporting Period the Insured first becomes aware of any act error or omission that could reasonably be the basis for a Claim it must give written notice to Underwriters through persons named in item 7 of the Declarations during the Period of Insurance or Extended Reporting Period of : (1) The specific act, error or omission : and (2) the injury or damage which may result or has resulted from the act, error or omission : and (3) the circumstance by which the insured first became aware of the act, error or omission. Any subsequent Claim made against the insured which is the subject of the written notice shall be deemed to have been made at the time written notice was first given to Underwriters. C. A Claim shall be considered to be reported to the Underwriters when notice is first given to Underwriters through persons named in item 7of the Declarations of the Claim or of an act, error or omission which could reasonably by expected to give rise to a Claim. D. All Claims arising out of the same, continuing or related professional services shall be considered a single Claim and deemed to have been made at the time the first of the related Claims is reported to Underwriters and shall be subject to one Limit of Liability. E. In the event of non-renewal of this insurance by the Underwriters, the insured shall have thirty (30)days from the expiration date of the Period of insurance to notify Underwriters of Claims made against the insured during the Period of insurance which arises out of any act, error or omission which took place prior to the termination date of the Period of insurance and otherwise covered by this insurance. F. If any insured shall make any claim under this Policy knowing such claim to be false or fraudulent, as regards amount or otherwise this Policy shall become null and void and all coverage hereunder shall be forfeited XII. Assistance and Cooperation of the Insured The insured shall cooperate with the Underwriters in all investigations, including investigations regarding the application and coverage under this insurance and, upon the Underwriters' request assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization other than an employee of any insured who may be liable to the insured because of acts, errors or omissions with respect to which insurance is afforded under this Policy : and the insured
shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not except at his own cost admit liability, make any payment, assume any obligation, into any expense, enter into any settlement, stipulate to any judgement or award of otherwise dispose of any Claim without the consent of the Underwriters. XIII. Action Against Underwriters No action shall lie against the Underwriters unless, as a condition precedent thereto, there shall have been full compliance with all terms of this insurance, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment or award against the insured after actual trial or arbitration or by written agreement of the insured, the claimant and the Underwriters. Any person or organization or the legal representative thereof who has secured such judgment, award or written agreement shall thereafter be entitled to make a Claim under this Policy to the extent of the insurance afforded by this Policy. No person or organization shall have any right under this insurance to join the Underwriters as a party to an action or other proceeding against the insured to determine the insured's liability, nor shall the Underwriters be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the Underwriters of any of its obligations hereunder. XIV. Subrogation In the event of any payment under this insurance, the Underwriters shall be subrogated to all the insured's rights of recovery therefore against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after the payment of Damages by Underwriters to prejudice such rights. XV. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this insurance or stop the Underwriters from asserting any right under the terms of this insurance: nor shall the terms of this insurance be waived or changed, except by endorsement issued to form a part of this insurance, signed by underwriters. XVI. Change In Membership of Firm Any additions to the list of lawyers in the application which take place during the Period of insurance must be immediately reported to Underwriters in the event that:
1) the total number of new lawyers brought into or added to the firm during the Period of insurance increases the number of lawyers as stated in the application for coverage by 5persons or 10% of the total number of lawyers listed in the application, whichever amount is greater: or 2) any lawyer brought into or added to the firm during the Period of insurance had been or was in the process of being reprimanded or censored by any court or bar association or disbarred or prohibited from practising in a specified area of law or before any court or administrative agency: or 3) prior to joining the firm, any Claim had been made against the lawyer or the lawyer or the lawyer had become aware of circumstances that might lead to a Claim. Underwriter expressly reserve the right to demand a premium adjustment in the event that any additions to the list of lawyers in the application for this insurance meet the criteria set forth in the paragraphs immediately above. XVII. Mergers and Acquisitions The Named insured shall be required to give written notice to the Underwriters prior to the completion of a merger or acquisition by or of the Named Insured and Underwriters expressly reserved the right to demand a premium adjustment if this insurance is to remain in force subsequent to any merger or acquisition. XII. Assignment The interest hereunder of any insured is not assignable if the insured shall die or be adjudged incompetent, this insurance shall cover the Insured's legal representative at the insured with respect to liability previously incurred and covered by this insurance. XIX. Cancellation A. This Policy may be cancelled by the Named Insured by surrender thereof to Underwriters or by mailing to Underwriters written notice stating when thereafter the cancellation shall be effective, This insurance may be cancelled by the cancelled by the Underwriters by mailing to the Named Insured at the address shown in the Declarations written notice stating when not less than 60 days thereafter such cancellation shall be effective. However, if the Underwriters cancel this insurance because the insured has failed to pay a premium when due this insurance may be cancelled by the Underwriters by mailing
a written notice of cancellation to the Named Insured at the address shown on the Declarations stating when not less then 10days thereafter such cancellation shall be effective, The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the and of the Period of insurance. Delivery(where permitted by law) of such written notice either by the named Insured or by the Underwriters shall equivalent to mailing. B. If the Named Insured cancels this insurance, earned premium shall be computed in accordance with the attached short rate table and procedure. If the Underwriters cancel this insurance, earned premium shall be computed prorate. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation XX. Entire Contract By acceptance of this Policy the insured agrees that that statements in the Declarations and application are his agreements and representations, that this insurance is issued in reliance upon the truth of such representations and that this Policy embodies all agreements existing between the insured and the Underwriters relating to this insurance. XXI. Nuclear Incident Exclusion Clause-Liability-Direct The insurance provided by this Policy does not apply : A. To injury, sickness, disease, death or destruction (1) with respect to which an insured under this Policy of insurance is also an insured under a nuclear energy liability insurance. : or (2) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection. B. To injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if (1) the nuclear material (1) is at any nuclear facility owned by or operated by or on behalf of, an insured or (2) has been discharged or disposed therefrom : (2) the nuclear material is contained in spent fuel or waste at any time possessed, handied, used, processed, stored, transported or disposed of by or on behalf of an insured : or (3) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning,
construction, maintenance, operation or use of any unclear facility, this exclusion (3) applies only to injury to or destruction of property at such nuclear facility C. As used in this exclusion clause : "hazardous properties" include radioactive, toxic or explosive properties : "nuclear material" means source material, special nuclear material or byproduct material : "source materialꡒ, "special nuclear materialꡓ and ꡒbyproduct materialꡓ: ꡒspecial fuelꡓ means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor : "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (1) or (2) thereof :ꡒnuclear facilltyꡓ means (1) any nuclear reactor : (2) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilising spent fuel, or (3) handling, processing or packaging waste : (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235 : or (4) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste : and includes the site on which any of the forgoing is located all operations conducted on such site and all premises used for sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "Injury" or "destruction" includes all forms of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the insurance to which it is attached. XXII. War and Civil War Exclusion Clause Notwithstanding anything to the contrary contained herein this insurance does not cover Loss or Damage directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power of confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government of public or local authority.
XXIII. Service of Suit 1. It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due under this insurance, Underwriters hereon, at the request of the Named Insured, will submit to the jurisdiction of a court of competent jurisdiction within the Republic of Korea. This Conditions does not constitute and should not be understood to constitute an agreement by Underwriters that an action is properly maintained in a specific forum, nor may it be construed as a waiver of Underwriters' rights to commence an action in a court of competent jurisdiction in the Republic of Korea to remove an action to a Korea District Court, or to seek a transfer of a case to another court as permitted the laws of the Republic of Korea or of any all of which rights Underwriters expressly reserve. It is further agreed that service of process in such suit may be made upon the Persons named in item 8 of the Declarations and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of such court or of any Appellate Court in the event of an appeal. 2. The Persons named in item 8 of the Declarations are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon the request of the Named Insured to give written undertaking to the Named Insured that they will enter a general appearance upon Underwriters' behalf in the event such suit shall be instituted. Further, pursuant to any statute of any State, territory or district of the Republic of Korea which makes provision therefor, Underwriters hereon hereby designate the Superintendent, Commissioner or Director of insurance or other officer specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Named Insured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the Persons named in item 8 of the Declarations as the Persons to whom the said officer is authorized to mail such process or a true copy thereof.
Punitive Damage Exclusion Clause This insurance does not cover any liability for fines, penalties, punitive or exemplary damages. Nuclear Energy Liability Exclusion Clause It is hereby understood and agreed that this policy shall not apply to any accident or occurrence resulting from the hazardous properties of nuclear material if such accident or occurrence arises out of the ownership, use of operations by the insured of any nuclear facility other than the use of radioactive isotopes. For the purpose of this endorsement: "Nuclear material", means source material, special nuclear material or by-product material, "Source material", "special nuclear material", "By-product material" have the meanings given them in the Republic of Korea atomic energy act or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "Waste" means any waste material (1) Containing by-product material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (A) or (B) thereof: "Radioactive isotope" means any by-product material except such material (1) contained in spend fuel or waste, or (2) discharged or dispersed from any nuclear facility; "Nuclear Facility" means: (A) Any Nuclear Reactor: (B) Any equipment or device designed or used for (1) separating, the isotopes or uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste : (C) Any equipment or device used for the processing, fabricating or alloying or special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235: (D) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste. And includes the site on which any of the foregoing is located, an operation conducted on such site and all premises used for such operations:
"Nuclear Reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material: "Hazardous Properties: includes radioactive, toxic or explosive properties; with respect to injury to or destruction of property, the word "Injury" or "Destruction" includes all forms of radioactive contamination of property. Millennium Exclusion Clause It is agreed and understood that otherwise subject to the terms, exclusions, provisions and conditions contained in the policy or endorsed thereon, the following shall apply to this insurance: A. Insurer(s) will not pay for Damage or Consequential Loss directly or indirectly caused by, consisting of, or arising from, the failure of any computer, data processing equipment or media, microchip, operating systems, microprocessors(computer chip), integrated circuit or similar device, any computer software, or any other products, and any services, data or functions that directly or indirectly use or rely upon, in any manner, any of the items listed above, whether the property of the insured or not, that results from any actual or alleged failure, malfunction or inadequacy due to inability to correctly recognize, process, distinguish, interpret or accept any date as its true calendar date. B. It is further understood that we will not pay for the repair or modification of any part of an electronic data processing system or its related equipment, to correct deficiencies or features of logic or operation. C. It is further understood that we will not pay for Damage or Consequential Loss arising from the failure, inadequacy or malfunction or any advice, consultation, design evaluation, inspection installation, maintenance, repair or supervision provided or done by Insured to determine, rectify or test, any potential or actual failure, malfunction or inadequacy described in A. above. Such Damage or Consequential Loss described in A, B, or C above, is excluded regardless of any other cause that contributed concurrently or in any other sequence.
War risk and Terrorism Exclusion It is hereby understood and agreed, that notwithstanding any other war risk or terrorist exclusion that may be in the policy or any clause limiting or attempting to limit the application of any endorsement to the policy, this policy is amended as follows; The policy does not cover loss or damage to property caused by, resulting from, contributed to or aggravated by any of the following perils, whether such loss or damage is accidental or intentional, intended or unintended, direct or indirect, proximate or remote or in whole or in part caused by, contributed to or aggravated by any perils insured by the policy; (1) war, hostile or warlike action in time of peace or war, whether or not declared, including action in hindering, combating or defending against an actual, impending or expected attack: (a) by government or sovereign power ( de jure or de facto) or by any authority maintaining or using military, naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such government, power, authority or force. (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war, whether or not its discharge was accidental; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by government authority in hindering, combating, or defending against such an occurrence, seizure or destruction. (4) any act of one or more persons, whether known or unknown and whether or not agents of a sovereign power, for Terrorist purposes;
CLAIMS CO-OPERATION CLAUSE Notwithstanding anything to the contrary contained in this Reinsurance it is a condition precedent to Reinsurers' liability under this Reinsurance that: (a) The Reinsured shall give to the Reinsurer(s) written notice as soon as reasonably practicable of any claim made against the Reinsured in respect of the business reinsured hereby or of its being notified of any circumstances which could give rise to such a claim. (b) The Reinsured shall furnish the Reinsurer(s) with all information known to the Reinsured in respect of claims or possible claims notified in accordance with (a) above and shall thereafter keep the Reinsurer(s) fully informed as regards all developments relating thereto as soon as reasonably practicable. (c ) The Reinsurer(s) shall have the right at any time to appoint adjuster and/or representatives to act on their behalf to control all investigations, adjustments and settlements in connection with any claim notified to the reinsurer(s) as aforesaid. (d) The Reinsured shall co-operate with the Reinsurer(s) and any other person or persons designated by the Reinsurers in the investigation, adjustment and settlement of such claim notified to the Reinsurer(s) as aforesaid. Sanction Limitation and Exclusion Clause No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America. CO-INSURANCE CLAUSE 1. The words "the company" wherever used in this policy means the subscribing companies listed below. 2. This policy shall be liable only for its below designated proportion of any obligation assumed or expenses incurred under this policy Portion of 100% Subscribing Companies
Consequential Loss Exclusion Clause It is hereby understood and agreed that this insurance excludes losses such as loss of profits, loss of revenue, loss of production, loss of business opportunity, loss of data, and loss of anticipated savings or benefits Contractual Liability Exclusion Clause In consideration of the premium charged, it is hereby understood and agreed that the Insurer shall not be liable to make any payment for Loss in connection with any claim or claims arising directly or indirectly from any liability assumed by the Insured under any express warranty, agreement or guarantee unless such liability would have attached to the Insured notwithstanding such express warranty, agreement or guarantee.
변호사전문직업배상책임보험 보통약관 본번역문은보험계약자의이해를돕기위한참고용이며, 번역문의내용이 영문약관과배치될경우에는영어의원뜻에따라해석됩니다. 주의 : 동보험계약은배상청구기준증권이다. 동보험계약하에서제공되는담보는동계약이유효할동안피보험자에게제기되고보험회사에최초로보고된소송에대해서만보상한다. 소송과관련배상금지급은소송비용금액에의해감소되거나지급되지않을수있다. 배상금과소송비용지급시자기공제액조항을적용받는다. 동보험계약하에보상되는담보범위에관해서자세히검토한후보험대리인이나브로커와논의하십시오. Ⅰ. 보험계약 A. 담보범위동보험계약은피보험자를상대로제기된소송때문에피보험자가법적으로지급해야할의무가있는배상금과소송비용을피보험자를대신해지급한다. Declaration( 계약명세 ) 의 items 1에기재된피보험자의대표로써변호사, 수탁자, 공증인자격으로피보험자가제공한전문서비스를제공하는지못하거나, 이러한서비스를제공함에있어피보험자의어떠한행위, 실수, 태만으로부터야기된소송이보험기간동안피보험자에게최초로제기되고보험회사에보고되었다면보험회사는동보험계약의조건과면책조항에준하여인격침해에대한소송을포함하여이러한소송으로부터발생하는소송비용및배상금을보상해준다. B. 변호및합의 (Defence and Settlement) 1. 만약피보험자에게제기된소송이근거없고, 그릇된것이라며보험회사는보상한도액에준하여동보험계약조간에따라지급될수있는배상금을목적으로제기된소송을변호할권리와의무를갖는다. 그러나, 보험회사는상기피보험자의동의없이는변호인단을공식적으로임명할수없다. 2. 소송비용의지급으로인해보상한도액내에서지급될수있는배상금은감소되거나지급되지않을수있다. 배상금과소송비용은자기공제액을제하고지급된다. 3. 보험회사는신청서에기재된사항과담보범위에대해보험회사에필요한조사를권리를갖는다. 4. 피보험자가합의를거부하거나소송을제기한원고에대항하기로결심한다면, 배상금과소송비용에대한보험회사의배상책임은 1) 소송의해결을위해지불된화해비와합의거부시점까지발생한비용을합한금액과 2) 보험회사의보상한도액중작은금액을지급이다. 또한,
보험사는피보험자에피고측변호인단에대한통제권을위양함으로써소송에대한추가적인변호에서물러날권리를갖는다. 5. 소송비용과배상금으로보험회사의보상한도액이소진된후에보험회사의소송비용과배상금지급의무또는소송에대한변호를계속할의무는사라진다. 또한, 보험사는피보험자에피고측변호인단에대한통제권을위양함으로써소송에대한추가적인변호에서물러날권리를갖는다. Ⅱ. 피보험자의정의 동보험계약하에서다음에해당되는각각은피보험자가된다. 만약 Declaration의 item 1에서상기피보험자가한개인이라면, 동인물은자신의법률의무의수행에있어유일한책임자이다. 만약 Declaration의 item 1에서상기피보험자가합자회사라면동피보험자를대표해서만법률서비스를수행하는파트너인변호사들과합자회자자신이피보험자가된다. 만약 Declaration의 item1에서상기피보험자가전문법률회사나협회라면, 동법률전문회사나협회와상기피보험자를대표하여법률행위를수행하는동기관의주주나회원인변호사가피보험자이다. 자문역할로활동하는변호사들이 Declaration의 item 1에서상기피보험자에게만법률서비스를제공한다면이들은피보험자가된다. Declaration의 item 1에서상기피보험자를위해서만법률서비스를수행하는고용변호사나다른고용인들은피보험자가된다. Declaration의 item 1에서상기피보험자와의관계를종결하기이전에위언급한,,, 하에피보험자로서이전에자격이있었던개인들로단지피보험자를대표해법률서비스를수행하는개인은피보험자가된다. 보험회사에서면상으로통지한경우, 상기피보험자의후임이된파트너쉽, 법률전문회사, 또는전문협회는피보험자가된다. 보험기간중에파트너, 회원주주, Declaration의 item 1에서상기피보험자의고용인이된변호사가피보험자가된다. 위에서언급한피보험자의자격박탈, 파산, 지급불능등으로인해피보험자의법률대변인, 관리인, 양도인과그의집행자들은동보험계약하에서피보험자의담보범위에한해보상받을권리가있는피보험자들이다. Ⅲ. 담보지역동보험계약은소송의원인이된피보험자의실수나탈루또는다른어떤행위가세계어느곳에서발생하든지간에, 보험담보기간중이나보고연장기간중에담보지역에서소송이제기되었다면제기된소송에대해서담보한다. Ⅳ. 면책조항 동보험계약은아래와관련해발생한손해나소송비용을보상하지아니한다.
검찰에의해 / 을대표해서제기되는어떠한배상청구. 이때검찰관은각주의법무장관, 지방검사, 주검사, 연방검사에국한되지않으며, 이를포괄한개념이다. 피보험자를상대로제기된소송이보상금과더불어징계적손해배상금이나벌금, 제재, 또는명목이다른복수의배상금을요구하지않는다면, 징계적손해배상금, 벌금, 제재및기타명목의보상금을담보하지않는다. 이때, 동보험에의해보상하는범위는징계적손해배상금이나벌금, 제재, 기타명목의보상금을제외한소송관련발생비용만을포함한다. 피보험자가의도적으로행한부정직행위, 사기행위, 실수및탈루로부터발생하는소송에대해선보상하지않는다. 그러나, 앞서언급한것에도불구하고, 동보험은이러한소송을차단하는데발생하는비용과변호비용에대해서보상하는데이때, 피보험자가법적으로지불할의무가있는배상금은보상하지않는다. 동보험하에서담보되는피보험자가동보험에가입한또다른피보험자를상대로제기한소송에대해선보상하지않는다. 개인의신체적상해, 질병이나죽음또는유형자산의파괴및손상으로인해제기된소송에대해선보상하지않는다. 신탁이나부동사의수혜자나상속권자로써피보험자가입은피해는보상하지않는다. 수탁자, 파트너, 종업원신탁 / 자선기금단체 / 기업 / 또는기명된피보험자의기타사업의종업원자격으로행한피보험자의행위에대해제기된소송은보상하지않는다. 계약명세 (Declaration, 이하는 Declaration으로표기한다.) 의 item 1에서명기되지않는사업체를피보험자가소유하거나관계된사업체의재산관리및유지를위해고용된수탁자, 파트너, 이사또는종업원 ( 단지법률서비스를수행하기위해고용된경우는제외 ) 자격을갖고있거나, 피보험자가수탁자관계가아닌다른관계로사업체에대해직 간접적인영향력을갖고있음으로써해서제기되는소송에대해서보상하지않는다. 동보험계약은만약피보험자가보험개시일에유효기간이전에발생한실수, 탈루또는기타의행위로인해소송이제기될것을알고있거나합리적으로예상할수있었다면유효기간이전에발생한실수, 탈루또는기타의행위로인해소송은담보하지않는다. 만약피보험자가정부단체나그산하기관소속종업원이나공인이라면, 이러한법적자격으로제기된소송에대해서보상하지않는다. 그러나, 피보험자가이러한정부기관에단순한법률서비스제공자이지고용인이아니고이러한법률서비스의제공으로기명된피보험자가보수를받았다면, 이로인해발생한소송에대해선보상한다. 종업원퇴직소득보호법 (Employee Retirement Income Security Act) 관련법과이의개정또는이와관련해서발효된규칙이나명령하에수탁자로서활동하는피보험자의행동에대해제기된소송은보상하지않는다. 그러나, 피보험자가단순히종업원혜택계획 (Employee Benefit Plan) 에단지법률자문이라는이유로수탁자로간주하는경우, 이와피보험자의자문행위와관련해제기되는소송은보상한다. 피보험자가보험효력발생일이전에유효한다른보험증권상보험자에게소송과관련해통지하였을경우, 동소송및소송을야기할수있는상황에대해선보상하지않는다. 피보험자에게지급된법률수수료및비용의상환을요구하는소송에대해선보상하지않는다.
만약소급일이동보험계약에적용가능하다면, 정확한소급일자는 Declarations의 item 6에적혀있으며, 다음과같은경우에면책조항이적용된다. Declarations의 item 6에서나타난소급일이전에일어난것으로주장되거나, 일어난실수, 탈루및다른행위로인해제기된소송은담보하지않는다. Ⅴ. 일반조건용어정의들 : 아래기술된용어들은동보험계약에서다음과같은의미로사용된다. A. Personal Injury( 인격침해 ) 는다음을의미한다. ⑴ 부당한체포, 구류, 수감및개인재산의점유, 추방, 사적거주권의침해및부당구형 ⑵ 중상모략, 비방, 기타명예훼손이나비난을담은자료, 또는이의출판, 사생활의자유와침범하는발언 B. Claims Expenses( 소송비용 ) 은다음을의미한다. (1) 보험회사가지정하고상기피보험자가동의한변호사에의해청구된비용. ⑵ 보험회사나보험회사의서면동의를얻은피보험자에의해발생한비용으로소송과관련해서조사, 사정, 변호, 항고미소송절차로부터발생하는기타모든수수료및비용 ⑶ 소송비용 안에는, 동보험계약하에서통지된소송을야기한상황이나소송에필요한조사및변호에협조함으로써소요되는시간에대해서피보험자에의해청구되는봉급, 간접비또는기타어떤금액도포함되지않는다. C. Period of Insurance( 보험기간 ) 은다음을의미한다. Declarations에서보여진보험계약개시일과실제로효력을갖는보험계약의종료 만기 취소기간의기간을 보험기간 이라한다. 이때, 보고연장기간 의특별조항이있을경우는별도로한다. D. Extended Reporting Period( 보고연장기간 ) 은다음을의미한다. 보고연장기간 이적용될경우, 보험기간종료일이전에발생한행위, 실수, 탈루로인해발생한소송에대해피보험자가보험기간종료후에도보상받을수있는기간인보험계약종료후 12개월을의미한다. E. Claim( 배상청구 ) 은다음을의미한다. 배상청구는피보험자를고소한측이피보험자를상대로소송및법률서비스, 중재처리등과관련된비용에대해피보험자가받은요구를의미한다. F. Fiduciary( 수탁자 ) 은다음을의미한다. 조항 Ⅳ(i) 에서명시된것을제외하고 수탁자 는관리자, 수탁인, 대리인자격으로활동하거나, 이에상응하는자격으로활동하는피보험자를의미한다. G. Damages( 배상금 ) 은벌금형, 배상금, 또는합의비용을의미한다. 동보험계약에서한단어의단수 복수형태에상관없이문맥상동일한의미로사용될수있다. Ⅵ. 보상한도액 A. Declarations 에서진술된보상한도는피보험자나소송및원고의수에상관없이체계적으로진행 되는동일한법률전문서비스로부터발생하는소송비용과배상금에대해보험회사가보상하는한
도액을의미한다. B. Declarations에서 누계액 (Aggregate) 로진술된보상한도액은보험기간또는보고연장기간동안에보험회사에보고된소송, 이러한소송을이야기하는상황, 그리고전문적인서비스를수행함으로계속적으로요구되는소송으로인해발생한모든배상금과소송비용에대한보험회사의전체보상한도를의미한다. C. 보고연장기간에대한보상한도액은보험기간동안보험회사의보상한도액의일부이지보상한도액 에추가되는금액이아니다. Ⅶ. 공제금액 Declarations에서진술되어있는자기공제액은보험기간과보고연장기간동안보험회사가보고받거나보험사에제기된모든소송으로부터발생하는배상금과소송비용중보험회사에의해일정한금액이지불되기앞서피보험자가지급해야하는금액이다. 이러한공제액을초과하고 Declarations item 3에서제시된보험회사의보상한도액을초과하지않는범위내에서만보험회사의보상금지급의무가존재한다. 피보험자는보험회사가지정한제 3자에게공제액한도내에서소송비용을직접지급해야한다. Ⅷ. 선의의피보험자 A. 동보험계약하에보상의무가아래 ⑴, ⑵번과같은이유로면제되거나, 중지되거나, 사라질때마다 : ⑴ 다른피보험자의범죄, 사기, 악의적행위, 실수, 태만으로인해제기된소송과관련해개인적으로이러한사기행위에가담하지않았거나, 이에대해개인적으로알고나서조치를취한피보험자들이다른피보험자에의한범죄, 사기또는악의적행위, 실수, 태만과관련된면책조항때문에보상받지못할경우 ⑵ 동보험계약에의해보상받을수있는손해나배상금에책임이있는다른피보험자들이보험회사에통지의의무를이행하지않거나, 이를은닉함으로써보험회사에통지의의무불이행때문에선의의피보험자들이채무불이행상태에놓여지게될경우보험회사는위와같은사건이발생하지않았을경우, 보험담보를제공받을수있을선의의피보험자에게 (a) 만약피보험자가이러한범죄, 사기, 악의적인행위, 실수, 태만등에가담하지않았거나, 이와관련된사실을알고나서조치를위했다면보상한다. 또한, (b) 다른피보험자의통지의무불이행에관한지식을얻은후에신속히동보험계약의조건에따른피보험자에대해선담보를제공한다. B. 위와같은사건이발생했을경우, 동조항에따라보험회사는자기공제액을초과하고면책조항이적 용되는피보험자의자산한도를초과하는부분에대해만지급의무를지며, 어떠한경우에서도 Declaration 의 item 3 에서진술된보상한도액을초과지급할의무를갖지아니한다. Ⅸ. 보고연장기간 A. 보험회사에의한동보험계약이해지되거나, 계약갱신하지않을경우, 동보험계약의 보고연장
기간 의정의에서보여지듯이 Declaration의 item 1에서지정된피보험자는피보험자를상대로제기된소송에대해 12개월의 보고연장기간 권리를갖는다. 상기피보험자가 보고연장기간 권리를발동하기위해선 보고연장기간 을위한보험료지급이계약해지일이나계약갱신거부일 (nonrenewal) 로부터 30일이내로보험회사에지급해야한다. B. 보고기간연장에대한보상금한도액은보험기간동안보험회사의보상한도액의일부로구성되며이에추가되지않는다. C. 보험회사에의한보험료 / 자기공제액 / 보상한도액의변화나보험증권내용어의변경이재계약거부 를의미하진않는다. D. 피보험자의보험료미지급또는자기공제액이나보상한도액을초과하는금액에대한피보험자의 지급의무불이행을이유로보험회사가계약을해지하거나, 재계약하지않을경우, 피보험자의보 고기간연장권리는사라진다. E. 보고기간연장에관한모든고지및보험료지급은 Declaration 의 item 9 에서기재된실체를통해 서보험회사에직접적으로전달되어야한다. F. 보고기간연장의실시시, 보험료가완전히지급되어야한다. 또한상기피보험자가보고연장기간 의자연만기일이전에이를종료할경우, 보험회사는보고연장기간에대해거수한보험료를상 환하지않을것이다. Ⅹ. 다른보험과의관계피보험자가동보험계약의보상한도액을초과하는손해액을담보하는특정 Excess of loss 보험에가입했을경우를제외하고는피보험자에게이용가능한모든유효한보험계약들로부터담보받는금액을초과하는부분에대해서만동보험계약은보상한다. XI. 통지의의무조항 A. 만약피보험자를상대로어떤소송이제기됐다면, 피보험자는 Declaration의 item 7에서상기된자를통해피보험자나그의대변자가접수한모든요구, 통지, 소환장, 또는기타소송의추이에대해서보험회사에즉시알려야한다. B. 만약보험기간이나보고기간연장중에피보험자가소송의원인이될것으로합리적으로짐작할수있는실수, 태만, 기타행위를먼저인지하게될경우, 피보험자는보험기간이나보고기간연장중에 Declaration의 item 7에서기재된사람들을통해서아래와같은사항을서면으로통지하여야한다. ⑴ 특정행위, 실수, 태만과 ⑵ 위와같은행위로부터발생했거나, 발생할지도모르는상해나배상금 ⑶ 피보험자가 ⑴의사실을처음으로인지하게된상황
C. Declaration 의 item 7 에서기재된사람들에게, 제기된소송이나소송을야기할것으로짐작되는 실수, 태만, 기타행위를즉시통지했다면, 소송은보험회사를상대로제기된것으로간주된다. D. 계속되는, 동일한, 또는관련된전문법률서비스에의해야기된모든소송들은가장처음보험회 사에보고된관련소송과동일한것으로간주하여하나의소송으로다루며, 하나의소송에대한 보상한도액조항에영향을받는다. E. 보험회사가동보험계약을갱신하지않았을경우, 피보험자를상대로보험기간중에보험기간 종료전에발생한특정행위, 실수, 태만으로인해야기된소송을보험회사에통지하여야할수 있는기간을보험계약종료후 30 일간갖게된다. F. 만약피보험자가동보험계약하에서금액에관한허위 / 사기소송을제기했다면, 동보험계약은 무효화되고, 피보험자는모든담보를상실하게된다. XII. 피보험자의협력과도움피보험자는동보험계약의담보범위및적용범위에관한조사를포함한모든조사와합의시또는소송시보험회사의도움요청, 동보험계약하에담보되는행위나실수, 태만때문에피보험자에게책임을지울가능성이있는제 3자나제 3의기관에대해서보상및분담을강제에있어보험회사에협조해야한다. 피보험자는보험회사에협조하여심문을받거나법정에출두함은물론, 증인의참석을유도하고증언을얻는데협조해야한다. XIII. 보험회사에대한소송보험회사에대한소송의정지조건으로써동보험의모든조건들에완전히순응하지않았다면, 어떠한소송도보험회사에대해성립될수없다. 또한, 실제재판이나중재의판결이나피보험자, 원고, 보험회사간의서면합의에의해서피보험사가지불해야할금액이최종적으로확정될때까지보험회사를상대로한어떠한소송도성립될수없다. 개인이나조직, 또는그법적대변자들은최초의판결이나합의후에동보험계약하에서담보되는범위내에서소송을청구할자격이부여된다. 동보험하에서는어떤개인이나조직도피보험자의배상책임을결정하기위해피보험자를상대로제기한소송에대한당사자로보험회사를참여시킬권리를갖지못한다. 뿐만아니라피보험자나그의대변인이보험회사를고소할수도없다. 피보험자나피보험자소유부동산의파산으로인해보험회사의보상금지급의무가사라지지않는다. XIV. 대위권동보험계약하에보상금이지급된경우, 보험회사는피보험자의모든구상권을대위할것이다. 피보험자는구상권확보를위한문서와서류를작성하며이권리를보호하기위한모든조치를취해야한다. 보험회사에의해보상금이지급된후에피보험자는구상권에손상을미쳐서는안된다.