Citation: 4A_490/2019 E. 5.1

5.1. Die Policen 2008 und 2009 sahen unter dem Titel " CONDITIONS " (Bedingungen) folgendes vor: "6. MEANING OF THIRD PARTY CLAIMS MADE AND NOTICE PROVISIONS This Policy applies only to third party claims first made against the Assured during the Policy Period. For the purposes of this Policy, a third party claim is considered to be made when the Assured first: (a) receives a written demand for damages of the type covered by this Policy, including the service of suit or institution of legal or arbitration or regulatory proceedings; or (b) becomes aware of the intention of any person to make such demand against them; or (c) becomes aware of any fact, circumstance or event which could reasonably be anticipated to give rise to such a demand at any future time. Written notice of any such third party claims made shall be given by the Assured at the earliest practical moment, but in any event within 60 days of the expiration of the Policy Period, or Extended Reporting Period (if applicable). Any subsequent legal proceedings for damages brought against the Assured, or any settlement made by Underwriters, as a direct result of any matter or matters for which written notice has been given under (b) or (c) above, whether such proceedings are brought, or such settlement made, during or after the expiration of the Policy Period, is considered to be a third party claim first made against the Assured at the time the Assured first became aware of the said matter or matters." Zum Ausschlussgrund der "Prior Knowledge " wurde in beiden Policen festgehalten: "The Policy shall not indemnify the Assured in respect of: [...]