Citation: 4A_72/2021 E. 6.2

6.2. Die Police 2008 enthält folgende " Insuring Clause " (Versicherungsklausel) : " INSURING CLAUSE Underwriters shall indemnify the Assured for Loss resulting from claims made against the Assured by third parties for Civil Liability provided such claims arise out of the provision by or on behalf of the Assured of financial, business, management and professional services to third parties in the course of the Assured's business as described in Item 10 of the Schedule and are first made during the Policy Period." Die betreffende Stelle ("Item 10 of the Schedule") lautet wie folgt: "Schedule [...]" Item 10 Assured's Business: Private Equity Investment Management [...]". Zudem enthält die Police 2008 folgende Begriffsdefinitionen: " DEFINITIONS [...] 'Civil Liability' shall mean: (a) a civil wrong or wrongdoing by or on behalf of the Assured actionable at law as a tort: or (b) a breach by or on behalf of the Assured of any statute (including any statutory provisions and/or any rules or regulations made by any regulatory body or authority thereunder); or (c) a breach of trust (including a breach of constructive trust) or a breach of fiduciary duty by or on behalf of the Assured; or giving rise to civil liability on the part of the Assured and for which the remedy is a claim for damages or a Restitution Order." [...] 'Loss' shall mean: (a) the legal liability of the Assured to pay any damages and costs awared against the Assured; and (b) any settlement as agreed by Underwriters; and (c) Defence Costs and Expenses; and (d) a Restitution Order."