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(b) That the insured would have in
<br />the absence of the contract or
<br />agreement.
<br />(5) Arising out of any actual or alleged
<br />act of "sexual misconduct or sexual
<br />molestation." This includes, but is
<br />not limited to any claim or suit
<br />seeking damages based upon, arising
<br />out of, or attributable to vicarious
<br />liability; negligence in hiring,
<br />employment, supervision, retention,
<br />or transfer of any employee or
<br />volunteer workers; recommendation
<br />or referral of any person for
<br />employment or volunteer work;
<br />failure to protect or negligent
<br />supervision of any person (whether
<br />an adult or child) failure to warn,
<br />failure to investigate, or failure to
<br />comply with any obligation to report;
<br />and counseling.
<br />(6) Arising out of any "counseling
<br />incident."
<br />b. (1) "Personal injury" or "advertising
<br />injury" which would not have
<br />occurred in whole or part but for the
<br />actual, alleged, or threatened
<br />discharge, dispersal, seepage,
<br />migration, release, or escape of
<br />pollutants at any time.
<br />(2) Any loss, cost, or expense arising out
<br />of any:
<br />(a) Request, demand, or order that
<br />any insured or others test for,
<br />monitor, clean up, remove,
<br />contain, treat, detoxify, or
<br />neutralize, or in any way respond
<br />to, or assess the effects of
<br />pollutants; or
<br />(b) Claim or suit by or on behalf of a
<br />governmental authority for
<br />damages because of testing for,
<br />monitoring, cleaning up,
<br />removing, containing, treating,
<br />detoxifying, or neutralizing, or in
<br />any way responding to, or
<br />assessing the effects of
<br />pollutants.
<br />Pollutants means any solid, liquid, gaseous, or
<br />thermal irritant or contaminant including
<br />smoke, vapor, soot, fumes, acid, alkalis,
<br />chemicals, and waste. Waste includes
<br />material to be recycled, reconditioned, or
<br />reclaimed.
<br />c. "Personal injury" to:
<br />(1) An employee of the insured if it
<br />occurs in the course of employment
<br />by the insured; or
<br />(2) Consequential injury to a spouse,
<br />child, parent, brother, or sister of
<br />such injured employee.
<br />This exclusion applies where the insured
<br />is liable either as an employer or in any
<br />other capacity; or there is an obligation to
<br />fully or partially reimburse a third party for
<br />damages arising out of paragraph c.(1) or
<br />c.(2) above.
<br />This exclusion does not apply to liability
<br />assumed by the insured under a contract
<br />covered under Contractual Liability
<br />Coverage.
<br />d. "Personal injury" if benefits are provided
<br />or are required to be provided by the
<br />insured under a workers' compensation,
<br />disability benefits, occupational disease,
<br />unemployment compensation, or like law.
<br />e. "Personal injury" that arises out of any:
<br />(1) Refusal to employ;
<br />(2) Termination of employment;
<br />(3) Coercion, demotion, evaluation,
<br />reassignment, discipline, defamation,
<br />harassment, humiliation,
<br />discrimination, sexual misconduct, or
<br />other employment -related practices,
<br />policies, acts, or omissions; or
<br />(4) Consequential "personal injury" as a
<br />result of e.(1), e.(2), or e.(3) above.
<br />This exclusion applies where the insured
<br />is liable either as an employer or in any
<br />other capacity; or there is an obligation to
<br />fully or partially reimburse a third party for
<br />damages arising out of paragraph e.(1),
<br />e.(2), e.(3), or e.(4) above.
<br />A 200 (01-04) Copyright, church Mutual Insurance company, 2004. Page 6 of 14
<br />Includes copyrighted material of Insurance Services Office, Inc., with its permission.
<br />Copyright, Insurance Services Office, Inc., 1995.
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