Common use of Pollution Liability Coverage Clause in Contracts

Pollution Liability Coverage. 1. INSURING AGREEMENT a. We will pay on behalf of the insured those sums in excess of any deductible amount that the insured becomes legally obligated to pay as: i. compensatory damages because of “bodily injury" or “property damage" to which this insurance applies; and ii. “corrective action costs” to which this insurance applies. We will have the right and duty to defend any "suit” seeking those damages, but: (1) The amount we will pay for “bodily injury” and “property damage” and “corrective action costs” is limited as described in SECTION III - LIMITS OF INSURANCE; (2) We may investigate and settle any “claim” or "suit” at our discretion; (3) Our right and duty to defend and pay on behalf of the insured ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or offers of judgment of “bodily injury” or "property damage” and/or “corrective action costs”; and (4) We have no duty to defend any “claim" or “suit" not covered by this insurance; (5) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies only to “bodily injury”, “property damage” or “corrective action costs” caused by a "release” of "petroleum" from an “aboveground storage tank” that commences on or after the retroactive date shown in the Declarations for which a ”claim" is reported in accordance with SECTION I Part 2, “Claims” Reporting. The insured's responsibility to pay compensatory damages because of “bodily injury” or “property damage” or "corrective action costs” must be determined in a “suit" on the merits in the state the policy is issued in or in a settlement made with our prior consent. c. The insured must provide proof that the “release” arose directly from: (1) An “aboveground storage tank”, provided that the “release” commences on or after the retroactive date stated in the Declarations and during the policy period and the insured gives us immediate notice of the "release”; or (2) The "loading or unloading” of an “aboveground storage tank” which commences on or after the retroactive date stated in the Declarations and during the policy period and which is reported to us within 24 hours of the "release”.

Pollution Liability Coverage. 1. INSURING AGREEMENT a. We will pay on behalf of the insured those sums in excess of any deductible amount that the insured becomes legally obligated to pay as: i. as compensatory damages because of “bodily injury" or “property damage" to which this insurance applies; and ii. “corrective action costs” to which this insurance applies. We will have the right and duty to defend any "suit” seeking those damages, but: (1) The amount we will pay for “bodily injury” and “property damage” and “corrective action costs” is limited as described in SECTION III - LIMITS OF INSURANCE; (2) We may investigate and settle any “claim” or "suit” at our discretion; (3) Our right and duty to defend and pay on behalf of the insured ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or offers of judgment of “bodily injury” or "property damage” and/or “corrective action costs”; and (4) We have no duty to defend any “claim" or “suit" not covered by this insurance; (5) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies only to “bodily injury”, ” or “property damage” or “corrective action costs” caused by a "release” of "petroleum" from an “aboveground underground storage tank” that commences on or after the retroactive date shown in the Declarations for which a ”claim" is reported in accordance with SECTION I Part 2, “Claims” Reporting. The insured's responsibility to pay compensatory damages because of “bodily injury” or “property damage” or "corrective action costs” must be determined in a “suit" on the merits in the state the policy is issued in State of New Mexico or in a settlement made with our prior consent. c. The insured must provide proof that the “release” arose directly from: (1) An “aboveground "underground storage tank”, provided that the “release” commences on or after the retroactive date stated in the Declarations and during the policy period and the insured gives us immediate notice of the "release”; or (2) The "loading or unloading” of an “aboveground underground storage tank” " which commences on or after the retroactive date stated in the Declarations and during the policy period and which is reported to us within 24 hours of the "release”. 2. “CLAIM” REPORTING a. This insurance applies to "bodily injury” and "property damage” only if a "claim” for compensatory damages, to which this insurance applies, is first made in writing against any insured during the policy period and reported to us during the policy period. A "claim" by a person or organization seeking compensatory damages because of "bodily injury” or "property damage" will be deemed to have been made when written notice of such "claim” is received by an insured. Written notice of a "claim” must be submitted to us by the insured immediately. b. Each specific "claim” for compensatory damages covered under this insurance as a result of a single ”release" will be deemed to have been made at the time the first ”claim" from that "release” was made. Each specific "claim" must be made in writing and received by any insured during the policy period and reported to us during the policy period.

Pollution Liability Coverage. 1. INSURING AGREEMENT a. We will pay on behalf of the insured those sums in excess of any deductible amount that the insured becomes legally obligated to pay as: i. compensatory damages because of “bodily injury" or “property damage" to which this insurance applies; and ii. “corrective action costs” to which this insurance applies. We will have the right and duty to defend any "suit” seeking those damages, but: (1) The amount we will pay for “bodily injury” and “property damage” and “corrective action costs” is limited as described in SECTION III - LIMITS OF INSURANCE; (2) We may investigate and settle any “claim” or "suit” at our discretion; (3) Our right and duty to defend and pay on behalf of the insured ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or offers of judgment of “bodily injury” or "property damage” and/or “corrective action costs”; and; (4) We have no duty to defend any “claim" or “suit" not covered by this insurance;; and (5) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies only to “bodily injury”, “property damage” ”, or “corrective action costs” caused by a "release” of "petroleum" from an “aboveground storage tank” that commences on or after the retroactive date shown in the Declarations for which a ”claim" is reported in accordance with SECTION I Part 2, “ClaimsCLAIM” ReportingREPORTING. The insured's responsibility to pay compensatory damages because of “bodily injury” or “property damage” ”, or "corrective action costs” must be determined in a “suit" on the merits in the state the policy is issued in or in a settlement made with our prior consent. c. The insured must provide proof that the “release” arose directly from: (1) An “aboveground storage tank”, provided that the “release” commences on or after the retroactive date stated in the Declarations and during the “policy period period” and the insured gives us immediate notice of the "release”; or (2) The "loading or unloading” of an “aboveground storage tank” which commences on or after the retroactive date stated in the Declarations and during the “policy period period” and which is reported to us within 24 hours of the "release”.

Pollution Liability Coverage. 1. INSURING AGREEMENT a. We will pay on behalf of the insured those sums in excess of any deductible amount that the insured becomes legally obligated to pay as: i. compensatory damages because of “bodily injury" or “property damage" to which this insurance applies; and ii. “corrective action costs” to which this insurance applies. We will have the right and duty to defend any "suit” seeking those damages, but: (1) The amount we will pay for “bodily injury” and “property damage” and “corrective action costs” is limited as described in SECTION Section III - LIMITS OF INSURANCE; (2) We may investigate and settle any “claim” or "suit” at our discretion; (3) Our right and duty to defend and pay on behalf of the insured ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or offers of judgment of “bodily injury” or "property damage” and/or “corrective action costs”; and (4) We have no duty to defend any “claim" or “suit" not covered by this insurance; (5) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies only to “bodily injury”, “property damage” or “corrective action costs” caused by a "release” of "petroleum" from an “aboveground above ground storage tank” that commences on or after the retroactive date Retroactive Date shown in the Declarations for which a ”claim" is reported in accordance with SECTION I Section 1 Part 2, “Claims” Reporting. The insured's responsibility to pay compensatory damages because of “bodily injury” or “property damage” or "corrective action costs” must be determined in a “suit" on the merits in the state the policy is issued in State of Wisconsin or in a settlement made with our prior consent. c. The insured must provide proof that the “release” arose directly from: (1) An “aboveground above ground storage tank”, provided that the “release” commences on or after the retroactive date Retroactive Date stated in the Declarations and during the policy period and the insured gives us immediate notice of the "release”; or (2) The "loading or unloading” of an “aboveground above ground storage tank” which commences on or after the retroactive date Retroactive Date stated in the Declarations and during the policy period and which is reported to us within 24 72 hours of the "release”.

Pollution Liability Coverage. 1. INSURING AGREEMENT a. We will pay on behalf of the insured those sums in excess of any deductible amount that the insured becomes legally obligated to pay as: i. compensatory damages because of “bodily injury" or “property damage" to which this insurance applies; and ii. “corrective action costs” to which this insurance applies. We will have the right and duty to defend any "suit” seeking those damages, but: (1) The amount we will pay for “bodily injury” and “property damage” and “corrective action costs” is limited as described in SECTION III - LIMITS OF INSURANCE; (2) We may investigate and settle any “claim” or "suit” at our discretion; (3) Our right and duty to defend and pay on behalf of the insured ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or offers of judgment of “bodily injury” or "property damage” and/or “corrective action costs”; and (4) We have no duty to defend any “claim" or “suit" not covered by this insurance; (5) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies only to “bodily injury”, “property damage” or “corrective action costs” caused by a "release” of "petroleum" from an “aboveground underground storage tank” that commences on or after the retroactive date shown in the Declarations for which a ”claim" is reported in accordance with SECTION I Part 2, “Claims” Reporting. The insured's responsibility to pay compensatory damages because of “bodily injury” or “property damage” or "corrective action costs” must be determined in a “suit" on the merits in the state the policy is issued in or in a settlement made with our prior consent. c. The insured must provide proof that the “release” arose directly from: (1) An “aboveground "underground storage tank”, provided that the “release” commences on or after the retroactive date stated in the Declarations and during the policy period and the insured gives us immediate notice of the "release”; or (2) The "loading or unloading” of an “aboveground underground storage tank” " which commences on or after the retroactive date stated in the Declarations and during the policy period and which is reported to us within 24 hours of the "release”. (Please note: Some state regulatory agencies require that "releases” must be reported within six (6) hours after discovery.)

Pollution Liability Coverage. 1. INSURING AGREEMENT a. We will pay on behalf of the insured those sums in excess of any deductible amount that the insured becomes legally obligated to pay as: i. compensatory damages because of “bodily injury" or “property damage" to which this insurance applies; and ii. “corrective action costs” to which this insurance applies. We will have the right and duty to defend any "suit” seeking those damages, but: (1) The amount we will pay for “bodily injury” and “property damage” and “corrective action costs” is limited as described in SECTION III - LIMITS OF INSURANCE; (2) We may investigate and settle any “claim” or "suit” at our discretion; (3) Our right and duty to defend and pay on behalf of the insured ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or offers of judgment of “bodily injury” or "property damage” and/or “corrective action costs”; and (4) We have no duty to defend any “claim" or “suit" not covered by this insurance; (5) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies only to “bodily injury”, “property damage” or “corrective action costs” caused by a "release” of "petroleum" from an “aboveground underground storage tank” that commences on or after the retroactive date shown in the Declarations for which a ”claim" is reported in accordance with SECTION I Part 2, “Claims” Reporting. The insured's responsibility to pay compensatory damages because of “bodily injury” or “property damage” or "corrective action costs” must be determined in a “suit" on the merits in the state the policy is issued in State of Arizona or in a settlement made with our prior consent. c. The insured must provide proof that the “release” arose directly from: (1) An “aboveground "underground storage tank”, provided that the “release” commences on or after the retroactive date stated in the Declarations and during the policy period and the insured gives us immediate notice of the "release”; or (2) The "loading or unloading” of an “aboveground underground storage tank” " which commences on or after the retroactive date stated in the Declarations and during the policy period and which is reported to us within 24 hours of the "release”.

Pollution Liability Coverage. 1. INSURING AGREEMENT a. We will pay on behalf of the insured those sums in excess of any deductible amount that the insured becomes legally obligated to pay as: i. as compensatory damages because of “bodily injury" or “property damage" to which this insurance applies; and ii. “corrective action costs” to which this insurance applies. We will have the right and duty to defend any "suit” seeking those damages, but: (1) The amount we will pay for “bodily injury” and “property damage” and “corrective action costs” is limited as described in SECTION III - LIMITS OF INSURANCE; (2) We may investigate and settle any “claim” or "suit” at our discretion; (3) Our right and duty to defend and pay on behalf of the insured ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or offers of judgment of “bodily injury” or "property damage” and/or “corrective action costs”; and (4) We have no duty to defend any “claim" or “suit" not covered by this insurance; (5) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies only to “bodily injury”, ” or “property damage” or “corrective action costs” caused by a "release” of "petroleum" from an “aboveground underground storage tank” that commences on or after the retroactive date shown in the Declarations for which a ”claim" is reported in accordance with SECTION I Part 2, “Claims” Reporting. The insured's responsibility to pay compensatory damages because of “bodily injury” or “property damage” or "corrective action costs” must be determined in a “suit" on the merits in the state the policy is issued in State of Kansas or in a settlement made with our prior consent. c. The insured must provide proof that the “release” arose directly from: (1) An “aboveground "underground storage tank”, provided that the “release” commences on or after the retroactive date stated in the Declarations and during the policy period and the insured gives us immediate notice of the "release”; or (2) The "loading or unloading” of an “aboveground underground storage tank” " which commences on or after the retroactive date stated in the Declarations and during the policy period and which is reported to us within 24 hours of the "release”. 2. “CLAIM” REPORTING a. This insurance applies to "bodily injury” and "property damage” only if a "claim” for compensatory damages, to which this insurance applies, is first made in writing against any insured during the policy period and reported to us during the policy period. A "claim" by a person or organization seeking compensatory damages because of "bodily injury” or "property damage" will be deemed to have been made when written notice of such "claim” is received by an insured. Written notice of a "claim” must be submitted to us by the insured immediately. b. Each specific "claim” for compensatory damages covered under this insurance as a result of a single ”release" will be deemed to have been made at the time the first ”claim" from that "release” was made. Each specific "claim" must be made in writing and received by any insured during the policy period and reported to us during the policy period.

Pollution Liability Coverage. 1. INSURING AGREEMENT a. We will pay on behalf of the insured those sums in excess of any deductible amount that the insured becomes legally obligated to pay as: i. compensatory damages because of “bodily injury" or “property damage" to which this insurance applies; and ii. “corrective action costs” to which this insurance applies. We will have the right and duty to defend any "suit” seeking those damages, but: (1) The amount we will pay for “bodily injury” and “property damage” and “corrective action costs” is limited as described in SECTION III - LIMITS OF INSURANCE; (2) We may investigate and settle any “claim” or "suit” at our discretion; (3) Our right and duty to defend and pay on behalf of the insured ends when we have used up the applicable limit of insurance in the payment of judgments, settlements, or offers of judgment of “bodily injury” or "property damage” and/or “corrective action costs”; and (4) We have no duty to defend any “claim" or “suit" not covered by this insurance; (5) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies only to “bodily injury”, “property damage” or “corrective action costs” caused by a "release” of "petroleum" from an “aboveground underground storage tank” that commences on or after the retroactive date shown in the Declarations for which a ”claim" is reported in accordance with SECTION I Part 2, “Claims” Reporting. The insured's responsibility to pay compensatory damages because of “bodily injury” or “property damage” or "corrective action costs” must be determined in a “suit" on the merits in the state the policy is issued in State of Iowa or in a settlement made with our prior consent. c. The insured must provide proof that the “release” arose directly from: (1) An “aboveground "underground storage tank”, provided that the “release” commences on or after the retroactive date stated in the Declarations and during the policy period and the insured gives us immediate notice of the "release”; or (2) The "loading or unloading” of an “aboveground underground storage tank” " which commences on or after the retroactive date stated in the Declarations and during the policy period and which is reported to us within 24 hours of the "release”. (Please note: The Iowa Department of Natural Resources requires that "releases” must be reported within six (6) hours after discovery.)