LOSSES EXCLUDED Clause Samples

LOSSES EXCLUDED. Notwithstanding any of the foregoing, the parties hereto understand and agree that this Amended and Restated Reinsurance Pooling Agreement shall not apply to catastrophe losses and loss expenses for residential and commercial property to the extent such losses and loss expenses are covered by the State Auto P&C Catastrophe Assumption Agreement. Once the aforesaid $100,000,000 of coverage is exhausted by loss expenses and loss payments on behalf of any party hereto, under either the State Auto P&C Catastrophe Assumption Agreement or directly, all parties understand and agree that catastrophe losses and loss expenses in excess of $220,000,000 shall once again be ceded and assumed under the terms of this Amended and Restated Reinsurance Agreement. All premiums attributable to the State Auto P&C Catastrophe Assumption Agreement are to be paid to State Auto P&C outside of the Amended and Restated Reinsurance Pooling Agreement.

LOSSES EXCLUDED. Notwithstanding any of the foregoing, the Pooled Companies agree that the 2005 Pooling Agreement, as amended from time to time, shall not apply to catastrophe losses and loss expenses to the extent such losses and loss expenses are covered by the State Auto P&C Catastrophe Assumption Agreement. Once the limit of coverage available under the State Auto P&C Catastrophe Assumption Agreement is exhausted by loss expenses and loss payments on behalf of any of the State Auto Insurance Ceding Companies or directly by State Auto P&C, all parties understand and agree that catastrophe losses and loss expenses in excess of the sum of the State Auto Traditional Cat Program and the amount of coverage under the State Auto P&C Catastrophe Assumption Agreement shall once again be ceded and assumed under the terms of the 2005 Pooling Agreement, as amended from time to time. All premiums attributable to the State Auto P&C Catastrophe Assumption Agreement are to be paid to State Auto P&C outside of the 2005 Pooling Agreement, as amended from time to time. All premiums, losses, loss expenses, underwriting expenses and administrative expenses attributable to either State Auto Middle Market Insurance from and after 12:01 a.m. EST January 1, 2005, or the State Auto Mutual Reinsurance Book are outside the 2005 Pooling Agreement, as amended from time to time. In addition, this 2005 Pooling Agreement, as amended from time to time, is subject to the Reserve Guaranty Agreement. 8. It is agreed that the home office address of State Auto P&C is ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇, and the home office address of SA FL is ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. 9. This First Amendment shall be effective as of 12:01 a.m. Columbus, Ohio time, on January 1, 2007 (the “Effective Date”). Notwithstanding the foregoing, this First Amendment shall only become operative when this First Amendment has been approved, or deemed approved, by any insurance regulator with jurisdiction over any of the Pooled Companies. If this First Amendment is not approved as indicated, this First Amendment shall be deemed null and void and shall not become operative to amend the 2005 Pooling Agreement in any manner whatsoever. 10. This document is an amendment to the 2005 Pooling Agreement. In the event of any inconsistencies between the provisions of the 2005 Pooling Agreement and this First Amendment, the provisions of this First Amendment shall control. Except as expressly amended hereby, the 2005...

LOSSES EXCLUDED. Notwithstanding any of the foregoing, the parties hereto understand and agree that this 2005 Pooling Agreement shall not apply to catastrophe losses and loss expenses for residential and commercial property to the extent such losses and loss expenses are covered by the State Auto P&C Catastrophe Assumption Agreement. Once the limit of coverage available under the State Auto P&C Catastrophe Assumption Agreement is exhausted by loss expenses and loss payments on behalf of any party hereto, under either the State Auto P&C Catastrophe Assumption Agreement or directly, all parties understand and agree that catastrophe losses and loss expenses in excess of $120,000,000 plus the amount of coverage under the State Auto P&C Catastrophe Assumption Agreement shall once again be ceded and assumed under the terms of the 2005 Pooling Agreement. All premiums attributable to the State Auto P&C Catastrophe Assumption Agreement are to be paid to State Auto P&C outside of the 2005 Pooling Agreement. All premiums, losses, loss expenses, underwriting expenses and administrative expenses attributable to the State Auto Mutual Reinsurance Book and State Auto Middle Market Insurance from and after 12:01 a.m. EST January 1, 2005 are outside the 2005 Pooling Agreement. In addition, this 2005 Pooling Agreement is subject to the Reserve Guaranty Agreement.

LOSSES EXCLUDED. All premiums, losses, loss expenses, underwriting expenses and administrative expenses attributable to the State Auto Mutual Reinsurance Book are outside the 2010 Pooling Agreement, as amended from time to time. In addition, this 2010 Pooling Agreement, as amended from time to time, is subject to the Reserve Guaranty Agreement.

LOSSES EXCLUDED. This insurance DOES NOT cover: 1.1 loss or damage arising directly or indirectly from nuclear detonation, nuclear reaction, nuclear radiation or radioactive contamination, however such nuclear detonation, nuclear reaction, nuclear radiation or radioactive contamination may have been caused. 1.2 loss arising from war (whether before or after the outbreak of hostilities) between any two of the following: China, France, the Russian Federation, the United Kingdom and the United States of America. 1.3 loss or damage caused by seizure or legal or illegal occupation unless physical loss or damage is caused directly by an Insured Event. 1.4 loss or damage caused by confiscation, nationalisation, requisition, detention, embargo, quarantine, or any result of any order of public or government authority which deprives the Insured of the use or value of its property, nor for loss or damage arising from acts of contraband or illegal transportation or illegal trade. 1.5 loss or damage directly or indirectly arising from or in consequence of the discharge of pollutants or contaminants, which pollutants and contaminants shall include but not be limited to any solid, liquid, gaseous or thermal irritant, contaminant or toxic or hazardous substance or any substance the presence, existence or release of which endangers or threatens to endanger the health, safety or welfare of persons or the environment. 1.6 loss or damage caused by chemical or biological release or exposure of any kind. 1.7 loss or damage caused by attacks by electronic means including computer hacking or the introduction of any form of computer virus or corrupting or unauthorised instructions or code or the use of any electromagnetic weapon. This exclusion shall not operate to exclude losses (which would otherwise be covered under this insurance) arising from the use of any computer, computer system or computer software programme or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile. 1.8 any consequential loss or damage caused by any other ensuing cause, except where such ensuing cause is solely and directly caused by an Insured Event or where any business interruption coverage is provided by an extension to this Contract. 1.9 loss of use, delay or loss of markets, however caused or arising, and despite any preceding loss insured hereunder. 1.10 loss or damage caused by cessation, fluctuation or variation in, or insufficiency of, water, gas or ele...

LOSSES EXCLUDED. Notwithstanding any of the foregoing, the Pooled Companies agree that the 2008 Pooling Agreement, as amended from time to time, shall not apply to catastrophe losses and loss expenses to the extent such losses and loss expenses are covered by the State Auto P&C Catastrophe Assumption Agreement. Once the limit of coverage available under the State Auto P&C Catastrophe Assumption Agreement is exhausted by loss expenses and loss payments on behalf of any of the State Auto Insurance Ceding Companies or directly by State Auto P&C, all parties understand and agree that catastrophe losses and loss expenses in excess of the sum of the State Auto Traditional Cat Program and the amount of coverage under the State Auto P&C Catastrophe Assumption Agreement shall once again be ceded and assumed under the terms of the 2008 Pooling Agreement, as amended from time to time. All premiums attributable to the State Auto P&C Catastrophe Assumption Agreement are to be paid to State Auto P&C outside of the 2008 Pooling Agreement, as amended from time to time. All premiums, losses, loss expenses, underwriting expenses and administrative expenses attributable to the State Auto Mutual Reinsurance Book are outside the 2008 Pooling Agreement, as amended from time to time. In addition, this 2008 Pooling Agreement, as amended from time to time, is subject to the Reserve Guaranty Agreement.

LOSSES EXCLUDED. This Contract DOES NOT cover: 1. loss or damage arising directly or indirectly from nuclear detonation, nuclear reaction, nuclear radiation or radioactive contamination, however such nuclear detonation, nuclear reaction, nuclear radiation or radioactive contamination may have been caused. 2. loss arising from war (whether before or after the outbreak of hostilities) between any two of the following: China, France, the Russian Federation, the United Kingdom and the United States of America. 3. loss or damage caused by seizure or legal or illegal occupation unless physical loss or damage is caused directly by an Insured Event. 4. loss or damage caused by confiscation, nationalisation, requisition, detention, embargo, quarantine, or any result of any order of public or government authority which deprives the Insured of the use or value of its property, nor for loss or damage arising from acts of contraband or illegal transportation or illegal trade. 5. loss or damage directly or indirectly arising from or in consequence of the discharge of pollutants or contaminants, which pollutants and contaminants shall include but not be limited to any solid, liquid, gaseous or thermal irritant, contaminant or toxic or hazardous substance or any substance the presence, existence or release of which endangers or threatens to endanger the health, safety or welfare of persons or the environment, except as covered within Property Damage Extension Seepage and/or Pollution and/ or Contamination Clean up. 6. loss or damage caused by chemical or biological release or exposure of any kind. 7. loss or damage caused by attacks by electronic means including computer hacking or the introduction of any form of computer virus or corrupting or unauthorised instructions or code or the use of any electromagnetic weapon. This exclusion shall not operate to exclude losses (which would otherwise be covered under this Contract) arising from the use of any computer, computer system or computer software programme or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile. 8. loss of use, delay or loss of markets, loss of income, increased cost of working or any other consequential loss, unless specifically provided for by a Time Element extension to this Contract, then coverage shall apply within and as per the applicable Time Element extension. 9. loss or damage caused by cessation, fluctuation or variation in, or insufficiency of, water...