Common use of Policy Exclusions Clause in Contracts

Policy Exclusions. A Exclusions applicable to all Insuring Clauses RSA shall not be liable to indemnify the Insured against any Loss which arises: 1) Bodily Injury/Property Damage for any bodily injury, mental anguish or emotional distress, illness, disease or death of any person, or damage to or destruction of any tangible property including loss of use thereof, a) this Exclusion shall not apply to bodily injury in respect of that element of Loss for Insured Persons comprising Defence Costs otherwise covered under Claims Condition B. (“Allocation”) unless and until such time as that Insured has been found by way of any judgment or other final adjudication to have committed such act of dishonesty or fraud; and b) RSA reserves its right to reduce liability under this Policy by an amount that fairly represents the extent to which RSA’s interests have been prejudiced by the Policyholder’s act or omission to have placed or in force valid and collectable valid and collectable Employers Liability and Third Party Liability insurance; and c) Loss has not been declined, refused, exhausted under a valid and collectible Property Damage, Employers Liability and Third Party Liability insurance; d) this exclusion shall not apply to cover provided for under V. CHARITY PROTECTION PROFESSIONAL INDEMNITY 2) Fraud or Dishonesty directly or indirectly based on, arising out of, or in any way involving any act of dishonesty or fraud found by way of any judgment or other final adjudication to have been committed by any Insured, until such time as that Insured has been found by way of any judgment or other final adjudication to have committed such act of dishonesty or fraud; 3) Illegal Profit or Advantage directly or indirectly based on, arising out of, or in any way involving any Insured being found by way of judgment or other final adjudication to have gained any profit or advantage or to have received any remuneration to which that Insured was not legally entitled, until such time as that Insured has been found by way of any judgment or other final adjudication to have gained any profit or advantage or to have received any remuneration to which that Insured was not legally entitled; 4) Prior Knowledge of Fact, Circumstance or Situation directly or indirectly based on, arising out of, or in any way involving any fact, Circumstance or situation: a) which has been or should have been the subject of any written notice given under any contract of insurance of which this Policy is a direct or indirect renewal or replacement; or b) alleged in, relating to or underlying any written demand for monetary damages or other relief or any civil, criminal or administrative or regulatory proceeding (including arbitration) pending on or prior to the Original Inception Date; 5) Retroactive Date directly or indirectly based on, arising out of, or in any way involving any Wrongful Act committed on or before the Retroactive Date. B Severability of Exclusions No fact pertaining to or knowledge possessed by any Insured shall be imputed to any other Insured for the purposes of applying any of the Exclusions set out in sub-section A. (“Exclusions applicable to all Insuring Clauses”) above.

Policy Exclusions. A Exclusions applicable to all Insuring Clauses RSA shall not be liable to indemnify the Insured against any Loss which arises: 1) Bodily Injury/Property Damage for any bodily injury, mental anguish or emotional distress, illness, disease or death of any person, or damage to or destruction of any tangible property including loss of use thereof, a) this Exclusion shall not apply to bodily injury in respect of that element of Loss for Insured Persons comprising Defence Costs otherwise covered under Claims Condition B. (“Allocation”) unless and until such time as that Insured has been found by way of any judgment or other final adjudication to have committed such act of dishonesty or fraud; and b) RSA reserves its right to reduce liability under this Policy by an amount that fairly represents the extent to which RSA’s interests have been prejudiced by the Policyholder’s act or omission to have placed or in force valid and collectable valid and collectable Employers Liability and Third Party Liability insurance; and c) Loss has not been declined, refused, exhausted under a valid and collectible Property Damage, Employers Liability and Third Party Liability insurance; d) this exclusion shall not apply to cover provided for under V. CHARITY PROTECTION PROFESSIONAL INDEMNITY 2) Fraud or Dishonesty directly or indirectly based on, arising out of, or in any way involving any act of dishonesty or fraud found by way of any judgment or other final adjudication to have been committed by any Insured, until such time as that Insured has been found by way of any judgment or other final adjudication to have committed such act of dishonesty or fraud;, 3) Illegal Profit or Advantage directly or indirectly based on, arising out of, or in any way involving any Insured being found by way of judgment or other final adjudication to have gained any profit or advantage or to have received any remuneration to which that Insured was not legally entitled, until such time as that Insured has been found by way of any judgment or other final adjudication to have gained any profit or advantage or to have received any remuneration to which that Insured was not legally entitled;, 4) Prior Knowledge of Fact, Circumstance or Situation directly or indirectly based on, arising out of, or in any way involving any fact, Circumstance or situation: a) which has been or should have been the subject of any written notice given under any contract of insurance of which this Policy is a direct or indirect renewal or replacement; or b) alleged in, relating to or underlying any written demand for monetary damages or other relief or any civil, criminal or administrative or regulatory proceeding (including arbitration) pending on or prior to the Original Inception Date; 5) Retroactive Date directly or indirectly based on, arising out of, or in any way involving any Wrongful Act committed on or before the Retroactive Date. B Severability of Exclusions No fact pertaining to or knowledge possessed by any Insured shall be imputed to any other Insured for the purposes of applying any of the Exclusions set out in sub-section A. (“Exclusions applicable to all Insuring Clauses”) above.

Policy Exclusions. A Exclusions applicable to all Insuring Clauses RSA shall not be liable to indemnify the Insured against any Loss which arises: 1) Bodily Injury/Property Damage for any bodily injury, mental anguish or emotional distress, illness, disease or death of any person, or damage to or destruction of any tangible property including loss of use thereof, a) this Exclusion shall not apply to bodily injury in respect of that element of Loss for Insured Persons comprising Defence Costs otherwise covered under Claims Condition B. (“Allocation”) unless and until such time as that Insured has been found by way of any judgment or other final adjudication to have committed such act of dishonesty or fraud; and b) RSA reserves its right to reduce liability under this Policy by an amount that fairly represents the extent to which RSA’s interests have been prejudiced by the Policyholder’s act or omission to have placed or in force valid and collectable valid and collectable Employers Liability and Third Party Liability insurance; and c) Loss has not been declined, refused, exhausted under a valid and collectible Property Damage, Employers Liability and Third Party Liability insurance; d) this exclusion shall not apply to cover provided for under V. CHARITY PROTECTION PROFESSIONAL INDEMNITY 2) Fraud or Dishonesty directly or indirectly based on, arising out of, or in any way involving any act of dishonesty or fraud found by way of any judgment or other final adjudication to have been committed by any Insured, provided that this Exclusion shall not apply in respect of that element of Loss comprising Defence Costs otherwise covered under Claims Condition B. (“Allocation”) unless and until such time as that Insured has been found by way of any judgment or other final adjudication to have committed such act of dishonesty or fraud; 3) Illegal Profit or Advantage directly or indirectly based on, arising out of, or in any way involving any Insured being found by way of judgment or other final adjudication to have gained any profit or advantage or to have received any remuneration to which that Insured was not legally entitled, provided that this Exclusion shall not apply in respect of that element of Loss comprising Defence Costs otherwise covered under Claims Condition B. (“Allocation”) unless and until such time as that Insured has been found by way of any judgment or other final adjudication to have gained any profit or advantage or to have received any remuneration to which that Insured was not legally entitled; 4) Prior Knowledge of Fact, Circumstance or Situation directly or indirectly based on, arising out of, or in any way involving any fact, Circumstance or situation: a) which has been or should have been the subject of any written notice given under any contract of insurance of which this Policy is a direct or indirect renewal or replacement; or b) alleged in, relating to or underlying any written demand for monetary damages or other relief or any civil, criminal or administrative or regulatory proceeding (including arbitration) pending on or prior to the Original Inception Date; 5) Retroactive Date directly or indirectly based on, arising out of, or in any way involving any Wrongful Act committed on or before the Retroactive Date. B Severability of Exclusions No fact pertaining to or knowledge possessed by any Insured shall be imputed to any other Insured for the purposes of applying any of the Exclusions set out in sub-section A. (“Exclusions applicable to all Insuring Clauses”) above.