Page 98 - Hollard Business Policy - Binder

EXCLUSIONS (applicable to Sub-Section 2 – Defective Workmanship only)
Notwithstanding anything to the contrary contained within this Policy, the Company will not indemnify the Insured under this Sub-Section against liability:
1. for the cost of rectifying or recalling defective work;
2. arising from inefficacy of such work or because the work did not produce the result anticipated or claimed;
3. arising prior to the handing over of such work;
4. arising from defective design;
5. arising from any work on any aircraft or part thereof.
SPECIFIC EXCEPTIONS (applicable to Sub-Section 1 and 2)
In addition to the General Exceptions 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-Section 1 and Sub-Section 2 of this Section against any liability:
1. Employee
for loss of or bodily injury sustained by an employee, or someone acting 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 attaching to the Insured by virtue of any workmen’s compensation, unemployment compensation or disability benefits law or any similar law or regulation.
2. Pollution
arising directly or indirectly from any pollution hazard:
2.1 in the United States of America and/or Canada and/or their respective 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 pollution hazard results from a sudden, accidental, unexpected, and unintended, identifiable incident that takes place in its entirety at a specific identifiable time and place during the period of insurance;
PROVIDED THAT:
the indemnity granted will not extend to events arising directly or indirectly from any pollution 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-Section 1.
3. Contractual liability
that is assumed by the Insured under a contract or agreement, unless such liability would have attached to the Insured in the absence of the said contract or agreement.
This Exception will include any liability that:
3.1 arises under any penalty clause or in respect of fines or liquidated damages; or
3.2 arises out of the sole negligence of third parties; or
3.3 attaches by virtue of any waiver of subrogation rights against third parties; or
3.4 arises by reason of personal injury to any employee of third parties, unless, once again, such liability would have attached 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, instructions, or specification, but this Exception will not apply to first aid activities.
Combined Liability (Claims-made Basis)
Page | 96 Hollard Business Policy – Binder – Version 8 2024