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SECTION VII - DEFINITIONS
<br />Except as otherwise provided in this section or
<br />amended by endorsement, the words or phrases
<br />that appear in quotation marks within this policy
<br />shall follow the definitions of the applicable
<br />"underlying insurance" policy.
<br />"Accident" includes continuous or repeated
<br />exposure to the same conditions resulting in "bodily
<br />injury" or "property damage".
<br />"Asbestos hazard" means an exposure or threat of
<br />exposure to the actual or alleged properties of
<br />asbestos and includes the mere presence of
<br />asbestos in any form.
<br />"Auto" means:
<br />a. A land motor vehicle, trailer or semitrailer
<br />designed for travel on public roads, including
<br />any attached machinery or equipment; or
<br />b. Any other land vehicle that is subject to a
<br />compulsory or financial responsibility law or
<br />other motor vehicle insurance law where it is
<br />licensed or principally garaged.
<br />However, "auto" does not include "mobile
<br />equipment".
<br />"Covered pollution cost or expense" means any
<br />cost or expense arising out of:
<br />1. Any request, demand, order or statutory or
<br />regulatory requirement; or
<br />2. Any claim or "suit" by or on behalf of a
<br />governmental authority demanding
<br />that the "insured" or others test for, monitor, clean
<br />up, remove, contain, treat, detoxify or neutralize, or
<br />in any way respond to, or assess the effects of
<br />"pollutants".
<br />"Covered pollution cost or expense" does not include
<br />any cost or expense arising out of the actual, alleged
<br />or threatened discharge, dispersal, seepage,
<br />migration, release or escape of "pollutants":
<br />(1) That are, or that are contained in any property
<br />that is:
<br />a. Being transported or towed by, handled, or
<br />handled for movement into, onto or from,
<br />any "auto";
<br />b. Otherwise in the course of transit by or on
<br />behalf of the "insured"; or
<br />c. Being stored, disposed of, treated or
<br />processed in or upon any "auto"; or
<br />(2) Before the "pollutants" or any property in which
<br />the "pollutants" are contained are moved from
<br />the place where they are accepted by the
<br />"insured" for movement into or onto any "auto";
<br />or
<br />(3) After the "pollutants" or any property in which
<br />the "pollutants" are contained are moved from
<br />any "auto" to the place where they are finally
<br />delivered, disposed of or abandoned by the
<br />"insured".
<br />Form XL 00 03 09 16
<br />Paragraph a. above does not apply to fuels,
<br />lubricants, fluids, exhaust gases or other similar
<br />"pollutants" that are needed for or result from the
<br />normal electrical, hydraulic or mechanical
<br />functioning of an "auto", covered by the "underlying
<br />insurance" or its parts, if:
<br />(1) The "pollutants" escape, seep, migrate, or are
<br />discharged or released directly from an "auto"
<br />part designed by its manufacturer to hold, store,
<br />receive or dispose of such "pollutants"; and
<br />(2) The "bodily injury," "property damage" or
<br />"covered pollution cost or expense" does not
<br />arise out of the operation of any equipment
<br />listed in paragraphs 6.b and 6.c. of the definition
<br />of "mobile equipment".
<br />Paragraphs b. and c. above do not apply to
<br />"accidents" that occur away from premises owned by
<br />or rented to an "insured" with respect to "pollutants"
<br />not in or upon an "auto" covered by the "underlying
<br />insurance" if:
<br />(1) The "pollutants" or any property in which the
<br />"pollutants" are contained are upset, overturned
<br />or damaged as a result of the maintenance or
<br />use of the "auto"; and
<br />(2) The discharge, dispersal, seepage, migration,
<br />release or escape of the "pollutants" is caused
<br />directly by such upset, overturn or damage.
<br />"Damages" include prejudgment interest awarded
<br />against the "insured" on that part of the judgment we
<br />pay.
<br />"Damages" do not include:
<br />1. Fines;
<br />2. Penalties; or
<br />3. Damages for which insurance is prohibited by
<br />the law applicable to the construction of this
<br />policy.
<br />Subject to the foregoing, "damages" include
<br />damages for any of the following which result at any
<br />time from "bodily injury" to which this policy applies:
<br />1. Death;
<br />2. Mental anguish;
<br />3. Shock;
<br />4. Disability; or
<br />5. Care and loss of services or consortium.
<br />"Insured" means any person or organization
<br />qualifying as an insured in the applicable WHO IS
<br />AN INSURED provision of this policy. The insurance
<br />afforded applies separately to each "insured" against
<br />whom claim is made or "suit" is brought, except with
<br />respect to the limit of our liability under LIMITS OF
<br />INSURANCE (SECTION IV).
<br />"Occurrence" means
<br />1. With respect to "bodily injury" or "property
<br />damage": an accident,
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<br />Risk ManaganadDMsfan
<br />REVIEWED & APPROVED BY.-
<br />P1. M44441
<br />Risk Management Analyst
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