Minggu, 01 September 2013

SUDDEN AND ACCIDENTAL POLLUTION CLAUSE - 72 HOURS (EXCLUDING USA/CANADA)

As a supplement to the General Terms and Conditions No...... for Public and Product liability insurance does not apply to bodily injury and property damage arising out of the discharge, dispersal or other release (e.g.spilling, leaking, emitting or pouring) of smoke, vapours, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminations or pollutants  into or upon land, the atmosphere, or any water cause or body of water, with the exception of such discharge, dispersal or release where the following 5 (five) conditions are present :

In the cause of the discharged, dispersal or other release was neither expected nor intended by the insured or persons employed by the insured and occurred suddenly and accidental;
The beginning of the discharge, dispersal or other release occurred during the policy period;
The discharge, dispersal or other release was physically evident by the Insured or other person within 72 hours of the beginning of the discharge, dispersal or other release.
The initial bodily injury or property damage caused by the discharge, dispersal or release occurred within 72 hours of the beginning of the discharge, dispersal or other release.
Notwithstanding any other obligations of the Insured on the event of occurrence, claim, lawsuit or any other policy conditions, all claims made against the Insured this coverage must be reported to the Insurer as soon as practicable, but not later than 30 days after the commencement of the discharge, dispersal or other release.
If the Insured and the Insurer should disagree to when a discharge, dispersal or other release became evident, the burden of proving that all five enumerated conditions are met rests with the Insured, at the Insured's own expenses. Until such proof is accepted by the Insurer, the Insurer may, but is not obliged to, defend any claim.
The coverage shall not apply to:
Costs of evaluation, monitoring or controlling of pollution or contaminating substances.
Costs of removing polluting or contaminating substances on property owned or leases by the Insured or being otherwise under control of the Insured.
Claims against persons (insured or co-insured's) who cause the loss by knowingly deviating from such law, ordinance or official regulations directed towards the insured that are designed to protect the environment;
Claims against persons (Insured's or co-insured) who cause loss by knowingly failing to follow guidelines or user instructions specified by the manufacturer in line with the state of the art for application, or defined regular controls, inspections or maintenance or knowingly fail to carry out essential repair:
Claims in connection with locations or sites used for processing, treating, temporary or permanently storing, clearing or disposing of waste or waste-like materials.
Claims arising out of losses caused by sub-surface operations or interventions or by impairment, damage or loss of sub-surface substances (e.g. oil, gas and suchlike);
Claims arising from losses involving carcinogenic substances.
The sum insured for this extended insurance is USD.............. for each event and year of insurance within the total sum insured.
The Insured shall bear ......% of each loss of thus nature.
The other provisions of the General Terms and conditions and the insurance contact are not affected.
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