Page 94 - Hollard Business Branch Policy Wording

Combined Liability (Claims-made Basis)
3. arising prior to the handing over of such work;
4. arising from defec ve design;
5. arising from any work on any aircra or part thereof.
SPECIFIC EXCEPTIONS (applicable to Sub-Sec on 1 and 2)
In addi on to the General Excep ons of this Policy, and notwithstanding anything to the contrary contained within the Policy, the Company will not be liable to indemnify the Insured under Sub-Sec on 1 and Sub-Sec on 2 of this Sec on against any liability:
1. Employee
for loss of or bodily injury sustained by an employee, or someone ac ng under a contract of service, which arises out of and/or in the course of his employment or engagement by the Insured or any liability a aching to the Insured by virtue of any workmen’s compensa on, unemployment compensa on or disability bene ts law or any similar law or regula on.
2. Pollu on
arising directly or indirectly from any pollu on hazard:
2.1 in the United States of America and/or Canada and/or their respec ve possessions or protectorates;
2.2 elsewhere in the world, other than in those countries or territories referred to in 2.1 above, except where the pollu on hazard results from a sudden, accidental, unexpected, and unintended, iden able incident that takes place in its en rety at a speci c iden able me and place during the period of insurance;
PROVIDED THAT:
the indemnity granted will not extend to events arising directly or indirectly from any pollu on hazard that involves bacteria, molds or other fungi (including but not limited to mildew or mycotoxins or spores or any other substance or product produced or released by molds or fungi);
PROVIDED FURTHER THAT:
the total indemnity payable will be the limit of indemnity for Sub-Sec on 1.
3. Contractual liability
that is assumed by the Insured under a contract or agreement, unless such liability would have a ached to the Insured in the absence of the said contract or agreement.
This Excep on will include any liability that:
3.1 arises under any penalty clause or in respect of nes or liquidated damages; or
3.2 arises out of the sole negligence of third par es; or
3.3 a aches by virtue of any waiver of subroga on rights against third par es; or
3.4 arises by reason of personal injury to any employee of third par es, unless, once again, such liability would have a ached to the Insured in the absence of the said contract or agreement.
4. Professional services
arising out of any act, error, or omission, in the provision for a fee of any advice, treatment, design services, instruc ons, or speci ca on, but this Excep on will not apply to rst aid ac vi es.
5. E cacy
arising out of the failure of a product, or any part thereof, to ful l the purpose for which it was intended, or to perform as speci ed, warranted, or guaranteed; but this Excep on will not apply to consequent Bodily Injury or loss of, or damage to, property.
Hollard Business Policy – Branch – Version 1 2018 Page | 93