|
operations are to test for, monitor,
<br />clean up, remove, contain, treat,
<br />detoxify or neutralize, or in any way
<br />respond to, or assess the effects of,
<br />"pollutants".
<br />(2) Any loss, cost or expense arising out of
<br />any:
<br />(a) Request, demand, order or statutory or
<br />regulatory requirement that any
<br />insured or others test for, monitor,
<br />clean up, remove, contain, treat,
<br />detoxify or neutralize, or in any way
<br />respond to, or assess the effects of,
<br />"pollutants"; or
<br />(b) Claim or suit by or on behalf of a
<br />governmental authority for damages
<br />because of testing for, monitoring,
<br />cleaning up, removing, containing,
<br />treating, detoxifying or neutralizing, or
<br />in any way responding to, or assessing
<br />the effects of, "pollutants".
<br />However, this paragraph does not apply to
<br />liability for damages because of "property
<br />damage" that the insured would have in
<br />the absence of such request, demand,
<br />order or statutory or regulatory
<br />requirement, or such claim or "suit" by or
<br />on behalf of a governmental authority.
<br />g. Aircraft, Auto Or Watercraft
<br />"Bodily injury" or "property damage" arising
<br />out of the ownership, maintenance, use or
<br />entrustment to others of any aircraft, "auto" or
<br />watercraft owned or operated by or rented or
<br />loaned to any insured. Use includes operation
<br />and "loading or unloading".
<br />This exclusion applies even if the claims
<br />against any insured allege negligence or
<br />other wrongdoing in the supervision, hiring,
<br />employment, training or monitoring of others
<br />by that insured, if the "occurrence" which
<br />caused the "bodily injury" or "property
<br />damage" involved the ownership,
<br />maintenance, use or entrustment to others of
<br />any aircraft, "auto" or watercraft that is owned
<br />or operated by or rented or loaned to any
<br />insured.
<br />This exclusion does not apply to:
<br />(1) A watercraft while ashore on premises you
<br />own or rent;
<br />(2) A watercraft you do not own that is:
<br />(a) Less than 51 feet long; and
<br />(b) Not being used to carry persons for a
<br />charge;
<br />(3) Parking an "auto" on, or on the ways next
<br />to, premises you own or rent, provided the
<br />"auto" Is not owned by or rented or loaned
<br />to you or the insured;
<br />(4) Liability assumed under any "insured
<br />contract" for the ownership, maintenance
<br />or use of aircraft or watercraft;
<br />(5) "Bodily injury" or "property damage"
<br />arising out of:
<br />(a) The operation of machinery or
<br />equipment that is attached to, or part
<br />of, a land vehicle that would qualify
<br />under the definition of "mobile
<br />equipment" if it were not subject to a
<br />compulsory or financial responsibility
<br />law or other motor vehicle insurance
<br />law where it is licensed or principally
<br />garaged; or
<br />(b) The operation of any of the machinery
<br />or equipment listed in Paragraph f.(2)
<br />or f.(3) of the definition of "mobile
<br />equipment"; or
<br />(6) An aircraft that is not owned by any
<br />insured and is hired, chartered or loaned
<br />with a paid crew. However, this exception
<br />does not apply if the insured has any other
<br />insurance for such "bodily injury" or
<br />"property damage", whether the other
<br />insurance is primary, excess, contingent
<br />or on any other basis.
<br />h. Mobile Equipment
<br />"Bodily injury" or "property damage" arising
<br />out of:
<br />(1) The transportation of "mobile equipment"
<br />by an "auto" owned or operated by or
<br />rented or loaned to any insured; or
<br />(2) The use of "mobile equipment" in, or while
<br />in practice for, or while being prepared for,
<br />any prearranged racing, speed,
<br />demolition, or stunting activity.
<br />i. War
<br />"Bodily injury" or "property damage", however
<br />caused, arising, directly or indirectly, out of:
<br />(1) War, including undeclared or civil war;
<br />(2) Warlike action by a military force, including
<br />action in hindering or defending against an
<br />actual or expected attack, by any
<br />government, sovereign or other authority
<br />using military personnel or other agents;
<br />or
<br />(3) Insurrection, rebellion, revolution, usurped
<br />power, or action taken by governmental
<br />authority in hindering or defending against
<br />any of these.
<br />j. Damage To Property
<br />"Property damage" to:
<br />(1) Property you own, rent, or occupy,
<br />including any costs or expenses incurred
<br />by you, or any other person, organization
<br />or entity, for repair, replacement,
<br />Page 4 of 21 HIS 00 0109 16
<br />
|