Page 138 - Agriculture Policy Wording Binder

5. Insured versus Insured
made or instigated by any director against any other director;
PROVIDED THAT:
this Exception will not apply to:
1. any claim brought or maintained by a director for contribution or indemnity, if the claim directly results from another claim otherwise covered under this Section of the Policy;
2. subject to Exception 9, any shareholder action brought or maintained by the Insured's behalf without the solicitation, assistance or participation of any director or of the Insured;
3. any claim brought or maintained by a curator, liquidator, receiver or administrative receiver either directly or derivatively on behalf of the Insured without the solicitation, assistance or participation of any director or of the Insured;
4. any claim brought or maintained by any former director of the Insured;
5. any employment practice violation.
6. Major shareholder
made or instigated by any member of the Insured holding or controlling more than 25% (twenty five percent) of the shares, stock or debentures.
7. Pollution
arising out of, based upon or attributable to the actual, alleged or threatened discharge, dispersal, release or escape of, or records concerning a pollutant; or any request to test for, monitor, clean up, remove, contain, treat, detoxify or neutralise a pollutant.
8. Prior claims and circumstances
arising out of, based upon or attributable to:
8.1 any claim made prior to or pending at the inception of this Section of the Policy;
8.2 any circumstance that, as of the inception of this Section of the Policy, may reasonably have been expected to give rise to a claim;
8.3 any circumstance or claim of which notice has been given under any policy existing or expired before or on the inception date of this Section of the Policy;
PROVIDED THAT:
nothing contained in this exclusion will be interpreted as releasing the insured from the obligation to reveal as a material fact all details of claims made or circumstances or events likely to give rise to a claim.
9. Professional indemnity
arising out of, based upon or attributable to any actual or alleged breach of professional services provided to, or professional duty owed to, a third party.
10. Property damage and bodily injury
in respect of injury and damage, sickness, disease, death or emotional distress, or damage to, destruction, impairment or loss of use of any property;
PROVIDED THAT:
any claim for emotional distress will not be excluded with respect to an employment practice violation.
11. Sanctions
arising out of, based upon or attributable to, directly or indirectly resulting from or in consequence of, or in any way involving any matter or claim where an indemnity provided or payment made under this Section of the Policy would be in breach or contravention of, or would expose the Company or any reinsurer to, any trade or economic sanction or prohibition or penalty or restriction imposed by the United Nations, the laws or regulations pertaining to the European Union, the United Kingdom or the United States of America.
Directors' and Officers' Liability (Claims-made Basis)
Page | 136 Policy Wording – Agriculture – Binder – Version 2 2023