|
e. Employer's Liability
<br /> "Bodily injury" to:
<br /> (1) An "employee"of the insured arising out of and in the course of:
<br /> (a) Employment by the insured; or
<br /> (b) Performing duties related to the conduct of the insured's business; or
<br /> (2) The spouse, child, parent, brother or sister of that"employee" as a consequence of Paragraph (1) above.
<br /> This exclusion applies:
<br /> (1) Whether the insured may be liable as an employer or in any other capacity; and
<br /> (2) To any obligation to share damages with or repay someone else who must pay damages because of the
<br /> injury.
<br /> This exclusion does not apply to liability assumed by the insured under an "insured contract".
<br /> f. Pollution
<br /> (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal,
<br /> seepage, migration, release or escape of"pollutants":
<br /> (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or
<br /> loaned to, any insured. However, this subparagraph does not apply to:
<br /> (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by
<br /> or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that
<br /> is used to heat water for personal use, by the building's occupants or their guests;
<br /> (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the
<br /> owner or lessee of such premises, site or location has been added to your policy as an additional
<br /> insured with respect to your ongoing operations performed for that additional insured at that
<br /> premises, site or location and such premises, site or location is not and never was owned or occupied
<br /> by, or rented or loaned to, any insured, other than that additional insured; or
<br /> (iii) "Bodily injury" or"property damage" arising out of heat, smoke or fumes from a "hostile fire";
<br /> (b) At or from any premises, site or location which is or was at any time used by or for any insured or others
<br /> for the handling, storage, disposal, processing or treatment of waste;
<br /> (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste
<br /> by or for:
<br /> (i) Any insured; or
<br /> (ii) Any person or organization for whom you may be legally responsible;
<br /> (d) At or from any premises, site or location on which any insured or any contractors or subcontractors
<br /> working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are
<br /> brought on or to the premises, site or location in connection with such operations by such insured,
<br /> contractor or subcontractor. However, this subparagraph does not apply to:
<br /> (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating
<br /> fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary
<br /> for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids
<br /> escape from a vehicle part designed to hold, store or receive them. This exception does not apply if
<br /> the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of
<br /> the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are
<br /> brought on or to the premises, site or location with the intent that they be discharged, dispersed or
<br /> released as part of the operations being performed by such insured, contractor or subcontractor;
<br /> (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases,
<br /> fumes or vapors from materials brought into that building in connection with operations being
<br /> performed by you or on your behalf by a contractor or subcontractor; or
<br /> (iii) "Bodily injury" or"property damage" arising out of heat, smoke or fumes from a "hostile fire"; or
<br /> (e) At or from any premises, site or location on which any insured or any contractors or subcontractors
<br /> working directly or indirectly on any insured's behalf are performing operations if the operations are to test
<br /> for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess
<br /> the effects of, "pollutants".
<br /> Form HG 00 01 0916 Page 3 of 22
<br />
|