|
(2) any Wrongful Act or any fact, circumstance or situation that has been the
<br />subject of any notice given to any insurance carrier or its authorized agent prior
<br />to the Effective Date of this Policy, or any other Wrongful Act whenever
<br />occurring, that, together with a Wrongful Act that has been the subject of such
<br />notice, would constitute Interrelated Wrongful Acts;
<br />(3) actual or alleged contractual liability of any Insured under any oral, written, or
<br />implied contract or agreement other than an employment contract in connection
<br />with an Employment Termination by any Insured; provided, however, this
<br />Exclusion will not apply to liability that would have attached in the absence of
<br />such contract or agreement; or
<br />(4) the actual, alleged or threatened discharge, dispersal or release of any Pollutant;
<br />or the creation of an injurious condition involving any Pollutant; or the existence
<br />of any Pollutant on any property; or the cleanup, removal, testing, monitoring,
<br />containment, treatment, detoxification or neutralization of any Pollutant. This
<br />Exclusion is effective whether or not the pollution was sudden, accidental,
<br />gradual, intended, expected or preventable or whether or not any Insured
<br />caused or contributed to the pollution.
<br />"Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant,
<br />including, but not limited to:
<br />(a) smoke, vapor, soot, fumes, acids, alkalis, chemicals, lead, mold, or
<br />asbestos;
<br />(b) hazardous, toxic or radioactive matter or nuclear radiation;
<br />(c) waste, which includes material to be recycled, reconditioned or reclaimed;
<br />or
<br />(d) any other pollutant as defined by applicable federal, state or local
<br />statutes, regulations, rulings or ordinances;
<br />(5) (a) any employee benefit plan within the meaning of the Employee
<br />Retirement Income Security Act of 1974 (or any amendments thereto and
<br />any rules or regulations promulgated thereunder) or any similar provisions
<br />of any federal, state or local law; or any other pension, profit sharing or
<br />employee benefit program established in whole or in part for the benefit of
<br />any Individual Insured, or other employee benefit plan or program
<br />pursuant to a trust or other agreement for the benefit of any Individual
<br />Insured;
<br />(b) any governmentally mandated insurance program concerning workers'
<br />compensation, unemployment compensation, disability benefits, or social
<br />security; or
<br />(c) the Comprehensive Omnibus Budget Reconciliation Act (COBRA), the
<br />Occupational Safety and Health Act of 1970 (OSHA) or any similar state or
<br />local law;
<br />however, this Exclusion will not apply to any Claim alleging any employment -
<br />related decision by any Insured actually or allegedly in retaliation for such
<br />claimant's exercise of a right pursuant to any such benefit plans or laws.
<br />B. The Insurer will not defend any Claim or pay Loss or Defense Costs resulting from any
<br />Claim:
<br />(1) in which a final adjudication adverse to any of the Insureds establishes that such
<br />Insured committed a dishonest, fraudulent or criminal act or omission. or
<br />committed a Wrongful Act with actual knowledge of its
<br />i,,, RISIE DRR810R
<br />intent to cause damage; eo RElAEWED&APPROVED BY.-
<br />PSNP1001 (01/01) Aeevaa
<br />'�--'Risk Management Specialist
<br />
|