EXCLUSIONS APPLICABLE TO ALL LOSS. 1. The Company will not be liable for Loss for any Claim for any damage to, or destruction of, loss of, or loss of use of, any tangible property including damage to, destruction of, loss of, or loss of use of, tangible property that results from inadequate or insufficient protection from soil or ground water movement, soil subsidence, mold, toxic mold, spores, mildew, fungus, or wet or dry rot. SPECIMEN
2. The Company will not be liable for Loss for any Claim for any bodily injury, sickness, disease, death, loss of consortium, emotional distress, mental anguish, or humiliation.
3. The Company will not be liable for Loss for any Claim:
a. based upon or arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of any Pollutant;
b. based upon or arising out of any request, demand, order, or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, any Pollutant, or
c. brought by or on behalf of any governmental authority because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, any Pollutant; provided this exclusion will not apply to any Claim by or on behalf of a beneficiary of, or participant in, any Employee Benefit Plan based upon, arising from or in consequence of the diminution in value of any securities owned by the Employee Benefit Plan in any organization, other than the Insured Organization, if such diminution in value is allegedly as a result of a Pollutant.
4. The Company will not be liable for Loss for any Claim for any liability of others assumed by an Insured under any contract or agreement, whether oral or written, other than an Employee Benefit Plan, except to the extent that the Insured would have been liable in the absence of such contract or agreement.
5. The Company will not be liable for Loss for any Claim for any violation of responsibilities, duties or obligations under any law concerning Social Security, unemployment insurance, workers’ compensation, disability insurance, or any similar or related federal, state or local law or regulation, or for any actual or alleged violation of the Worker Adjustment and Retraining Notification Act (WARN), Occupational Safety and Health Act (OSHA), the National Labor Relations Act (NLRA), Fair Labor Standards ...
EXCLUSIONS APPLICABLE TO ALL LOSS. The Insurer shall not be liable to pay any Loss under this Coverage Part in connection with any Claim made against any Insured:
1. Assumed Liability
a. the Insured would have been liable in the absence of such contract or agreement; or
b. the liability was assumed in accordance with or under the trust instrument or equivalent documents governing the assets of the Plan;
EXCLUSIONS APPLICABLE TO ALL LOSS. The Insurer shall not be liable to pay any Loss under this Coverage Part in connection with any Claim made against any Insured:
1. Bodily Injury /Property Damage
2. Prior Notice
a. any Wrongful Act or any matter, fact, circumstance, situation, transaction, or event which has been the subject of any notice given by an Insured under any policy of which this Policy is a direct or indirect renewal or replacement; or
b. any other Wrongful Act whenever occurring, which, together with a Wrongful Act described in a. above, would constitute Interrelated Wrongful Acts;
3. Prior or Pending
EXCLUSIONS APPLICABLE TO ALL LOSS. RSA shall not be liable to indemnify the Company against any Employment Wrongful Act related Loss which arises directly or indirectly based on, arising out of or in any way involving;:
EXCLUSIONS APPLICABLE TO ALL LOSS. The Insurer shall not be liable to pay any Loss under this Coverage Part in connection with any Media Claim made against a Named Company Insured:
a. for any actual or alleged bodily injury, sickness, or disease, including death of any person, or damage to or destruction of any tangible property including loss of use;
b. by or on behalf of any of the other Named Company Insureds, in any capacity except and to the extent that such Claim is in the form of a crossclaim, third-party claim or otherwise for contribution or indemnity which is part of and results directly from a Claim which is not otherwise excluded under this Coverage Part;
c. for any actual or alleged violation of ERISA or any Similar Act in connection with any employee pension benefit plan, employee welfare benefit plan or excess benefit plan as defined in 29 U.S.C. 1002, or “employee stock ownership plan” as defined in 26 U.S.C. 4975;
d. based upon, arising out of, relating to, directly or indirectly resulting from or in consequence of, or in any way involving any of the following:
(1) The filing of any registration statement under the Securities Acts of 1933, or the Securities Exchange Act of 1934, any State Blue Sky Law, or any other state or local securities law; or
(2) The Securities Act of 1933, the Securities and Exchange Act of 1934, rules or regulations of the Securities Exchange Commission under either or both acts, similar securities laws or regulations of state, or any laws of any state relating to any transaction arising out of, involving, or relating to the public offering of securities.
e. based upon, directly or indirectly arising out of, or in any way involving: any nuclear reaction, radiation, or contamination, or any actual, alleged or threatened discharge, release, escape, or disposal of, or exposure to, Pollutants; any request, direction or order that any of the Named Company Insureds test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to or assess the effect of Pollutants or nuclear reaction, radiation or contamination, or any voluntary decision to do so; or any actual or alleged property damage, bodily injury, sickness, disease or death of any person, or financial loss to Named Company Insureds resulting from any of the aforementioned matters;
f. for any actual or alleged discrimination, humiliation, harassment or misconduct that includes but shall not be limited to Claims based on an individual’s race, creed, color, age, sex, na...
EXCLUSIONS APPLICABLE TO ALL LOSS. The Insurer shall not be liable to pay any Loss under this Coverage Part in connection with any Claim made against any Insured:
EXCLUSIONS APPLICABLE TO ALL LOSS. 1. The Company will not be liable for Loss for any Claim based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving any damage to, destruction of, deterioration of, loss of, or loss of use of any tangible property, including any Construction Defect, whether or not as a result of inadequate or insufficient protection from soil or ground water movement, soil subsidence, mold, toxic mold, spores, mildew, fungus, or wet or dry rot.
2. The Company will not be liable for Loss for any Claim based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving any bodily injury, sickness, disease, death, loss of consortium, emotional distress, mental anguish, humiliation, or loss of reputation; provided that this exclusion will not apply to allegations of emotional distress or mental anguish if, and only to the extent, that such allegations are made as part of any Employment Claim.
3. The Company will not be liable for Loss for any Claim based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving any nuclear reaction, nuclear radiation, radioactive contamination, or radioactive substance, or the hazardous properties of nuclear material; or infectious waste or medical waste.
4. The Company will not be liable for Loss for any Claim:
a. based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of;
b. based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving any request, demand, order, or statutory or regulatory requirement that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of; or
c. brought by or on behalf of any governmental authority because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, any Pollutant, any oil or oil products, any electric, magnetic, or electromagnetic field, any odor, or any actual or alleged presence or actual, alleged, or threatened dispersal of any asbestos, asbestos fibers, or products containing asbestos; provided that this exclusion will not apply to Employment Claims for Retaliation.
5. The Company...
EXCLUSIONS APPLICABLE TO ALL LOSS. 1. BODILY INJURY, PERSONAL INJURY, AND PROPERTY DAMAGE
a. The Company will not be liable for Loss on account of a Claim for: (i) bodily injury, mental anguish, emotional distress, sickness, disease, or death of any person; (ii) false arrest, detention, imprisonment, or malicious prosecution; (iii) wrongful entry, wrongful eviction, invasion of the right of private occupancy; or
EXCLUSIONS APPLICABLE TO ALL LOSS. 1. The Company will not be liable for Loss for any Claim for any damage to, destruction of, loss of, or loss of use of, any tangible property including damage to, destruction of, loss of, or loss of use of, tangible property that results from inadequate or insufficient protection from soil or ground water movement, soil subsidence, mold, toxic mold, spores, mildew, fungus, or wet or dry rot.
EXCLUSIONS APPLICABLE TO ALL LOSS. The Insurer shall not be liable for Loss arising from any Claim made against any Insured(s):
1. based upon, arising out of, directly or indirectly resulting from, in consequence of or in any way involving any fact, circumstance, transaction, event or Wrongful Act(s) which before the Inception Date set forth in Item 2. of the Declarations, was the subject of any notice of claim, loss or notice of potential claim or potential loss given under any other policy of insurance of which this Policy is a renewal or replacement;
2. based upon, arising out of, directly or indirectly resulting from, in consequence of or in any way involving:
(a) any demand, suit, or other proceeding pending, or order, decree or judgment entered, against any Insured(s) on or prior to the Pending or Prior Claim Date set forth in Item 6. in the Declarations or any Wrongful Act(s), fact, circumstance or situation underlying or alleged therein; or
(b) any other Wrongful Act(s) whenever occurring, which, together with a Wrongful Act(s) described in (a) above, constitute Interrelated Wrongful Acts;
3. based upon, arising out of, directly or indirectly resulting from, in consequence of or in any way involving any action that relates to a collective bargaining agreement;
4. for an actual or alleged violation of the responsibilities, obligations or duties imposed by the following laws and any amendments thereto:
(a) any law governing workers' compensation, unemployment insurance, social security, disability benefits or similar law;
(b) the Employee Retirement Income Security Act of 1974 or any law that governs any employee benefit arrangement, program, policy, plan or scheme of any type, including any pension, profit sharing, health and welfare or other employee benefit plan or trust established or maintained for the purpose of providing benefits to employees of the Policyholder;
(c) the Fair Labor Standards Act and amendments thereto or any law that governs wage, hour or payroll policies and practices, except the Equal Pay Act;
(d) the National Labor Relations Act and amendments thereto or any law that pertains to the rights of employees with respect to unions, unionizing, or collective activities in the workplace or any obligations of employers with respect to such employee activities;
(e) the Worker Adjustment and Retraining Notification Act and amendments thereto, or any law that governs any obligation of an employer to notify, discuss, or bargain with its employees or others in advance of ...
