1 SECTION III. EXCLUSIONS We shall not be liable to make any payment for the following: As respects “damages” in connection with any “civil claim” or “administrative claim” A. made against an “insured”: 1. Aircraft, Auto Or Watercraft For “bodily injury” or “property damage” “claims” arising out of, based upon or attributable to the ownership, maintenance, use or entrustment to others of any or aircraft, “auto” watercraft owned or operated by or rented or loaned to any loading or unloading”. “insured”. Use includes operation and “ This exclusion applies even if the “claims” against any “insured” allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that “insured”, if the “wrongful act” which caused the “damage” involved the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft that is owned or operated by or rented or loaned to any “insured”. Bodily Injury, Personal Injury And Property Damage 2. ”, “personal injury” and “property damage”. Any “bodily injury Contractual Liability 3. Arising out of, based upon or attributable to any actual or alleged contractual liability of the “insured” under any express contract or agreement; provided, however, that this exclusion shall not apply to the extent any liability does not arise under such express contract or agreement. 4. Fraudulent Act Arising out of, based upon or attributable to: a. A ny willful violation of a penal statute or ordinance; b. ct; or Any criminal or fraudulent a c. Gaining of any profit, remuneration or advantage to which such “insured” was not legally entitled. or “civil claim” However, we will defend any “administrative claim” alleging any of the foregoing conduct until there is a final adjudication, adverse admission or finding of fact against such “insured” as to such conduct . We shall not cover any “civil claim” if such “insured” pleads nolo contendere or no contest to a “cr iminal proceeding” against such “insured” arising out of the same, or essentially the same, material facts as such “civil claim”. No fact pertaining to or knowledge possessed by any “insured” shall be imputed to any other “insured” for the purpose of apply ing this exclusion. 5. Medical Services For “bodily injury” or “property damage” claims arising out of the actual or alleged providing of or failure to provide healthcare, medical care or treatment to any following: medical, surgical, individual, including but not limited to any of the psychiatric, mental health, chiropractic, osteopathic, nursing, or other professional healthcare, including the furnishing or dispensing of medications, drugs, blood, or blood products; medical, surgical, dental or psychiatri c supplies or equipment; or the administration or management of healthcare or any healthcare plan.
2 B. As respects ”damages” or “defense costs” in connection with any “civil claim” or “administrative claim” made against an “insured”: Asbestos 1. t of, based upon or attributable to “asbestos”. Arising ou Collective Bargaining/ERISA 2. Alleging, arising out of, based upon or attributable to any responsibilities, obligations, or duties imposed against any “insured” by the Employee Retirement of 1974, the Fair Labor Standards Act (except the Equal Pay Income Security Act Act), the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act, and the ny rules or regulations of the foregoing Occupational Safety and Health Act, or a promulgated there under, and amendments thereto or any similar provisions of any federal, state, local or foreign statutory law or common law. . Pending Or Prior Litigation 3 Arising out of, based upon or attributabl e to any pending or prior: a. Litigation; or b. State, local or federal proceeding or investigation, of which an “insured” had notice, prior to the inception date of this policy, or alleging or derived from the same or essentially the same facts as all eged in such pending or prior litigation of any state, local or federal proceeding or investigation. 4. Pollution Arising out of, based upon or attributable to “pollutants”. Prior Knowledge Of Wrongful Act 5. he same, or essentially the same, Arising out of, based upon or attributable to t facts or actual or alleged “wrongful act” that: a. The “insured” had knowledge of prior to the “insured’s policy period”; and b. Could reasonably be expected to result in a “claim” or litigation. 6. Prior Reported Claim Arising out of, based upon or attributable to the same, or essentially the same, facts or actual or alleged “wrongful acts” that are alleged or contained in any “claim” which has been reported, or in any circumstances of which notice has been given, under any policy of which this policy is a renewal or replacement or which it may succeed in time. 7. Workers Compensation Arising out of, based upon or attributable to any responsibilities, obligations, or duties imposed against any party by any workers’ compen sation, unemployment compensation, disability benefits law, or other similar statutory law or common law.
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