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(2) The discharge, dispersal, seepage, <br />migration, release or escape of the <br />"pollutants" is caused directly by such <br />upset, overturn or damage as a result of <br />the maintenance or use of a covered <br />"auto". <br />4. With respect to this coverage, the following <br />additional exclusions apply: <br />a. Fellow employee <br />Coverage does not apply to "bodily injury" to <br />any fellow "employee" of the "insured" <br />arising out of the operation of an "auto" <br />owned by the "insured" in the course of the <br />fellow "employee's" employment. <br />b. Care, custody or control <br />Coverage does not apply to "property <br />damage" involving property owned or <br />transported by the "insured" or in the <br />"insured's" care, custody or control. <br />C. With respect to "hired auto" and "non -owned auto" <br />coverage, Paragraph C. WHO IS AN INSURED is <br />deleted and replaced by the following: <br />The following are "insureds": <br />a. You. <br />b. Your "employee" while using with your <br />permission: <br />(1) An "auto" you hire or borrow; or <br />(2) An "auto" you don't own, hire or borrow in <br />your business or personal affairs; or <br />(3) An "auto" hired or rented by your <br />"employee" on your behalf and at your <br />direction. <br />c. Anyone else while using a "hired auto" or "non - <br />owned auto" with your permission except: <br />(1) The owner or anyone else from whom you <br />hire or borrow an "auto". <br />(2) Someone using an auto while he or she is <br />working in a business of selling, servicing, <br />repairing, parking or storing "autos" unless <br />that business is yours. <br />(3) Anyone other than your "employees", <br />partners (if you are a partnership), members <br />(if you are a limited liability company), or a <br />lessee or borrower or any of their <br />"employees", while moving property .to or <br />from an "auto". <br />(4) A partner (if you are a partnership), or a <br />member (if you are a limited liability <br />Page 2 of 3 <br />company) for an "auto" owned by him or her <br />or a member of his or her household. <br />d. Anyone liable for the conduct of an "insured" <br />described above but only to the extent of that <br />liability. <br />D. With respect to the operation of a "hired auto" and <br />"non -owned auto", the following additional <br />conditions apply: <br />1. OTHERINSURANCE <br />a. Except for any liability assumed under an <br />"insured contract" the insurance provided by <br />this Coverage Form is excess over any <br />other collectible insurance. <br />However, if your business is the selling, <br />servicing, repairing, parking or storage of <br />"autos", the insurance provided by this <br />endorsement is primary when covered <br />"bodily injury" or "property damage" arises <br />out of the operation of a customer's "auto" <br />by you or your "employee". <br />b. When this Coverage Form and any other <br />Coverage Form or policy covers on the <br />same basis, either excess or primary, we <br />will pay only our share. Our share is the <br />proportion that the Limit of Insurance of our <br />Coverage Form bears to the total of the <br />limits of all the Coverage Forms and policies <br />covering on the same basis. <br />2. TWO OR MORE COVERAGE FORMS OR <br />POLICIES ISSUED BY US <br />If the Coverage Form and any other Coverage <br />Form or policy issued to you by us or any <br />company affiliated with us apply to the same <br />"accident", the aggregate maximum Limit of <br />Insurance under all the Coverage Forms or <br />policies shall not exceed the highest applicable <br />Limit of Insurance under any one Coverage <br />Form or policy. This condition does not apply to <br />any Coverage Form or policy issued by us or an <br />affiliated company specifically to apply as <br />excess insurance over this Coverage Form. <br />E. The following definitions are added: <br />G. LIABILITY AND MEDICAL EXPENSES <br />DEFINITIONS: <br />1. "Hired auto" means any "auto" you lease, <br />hire, rent or borrow: This does not include <br />any auto you lease, hire, rent or borrow <br />from any of your "employees", your partners <br />(if you are a partnership), members (if you <br />are a limited liability company), <br />RA MnnsgowxtDIVISI n <br />L "VV'+ro° REVIEWED&APPRovEo By. <br />8 1 � F""ttw ly v <br />Rnk ManagCnrcnt Analyst ' <br />