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MKL 01 (OCP) Multiple Clauses Endorsement
*Entry is optional if shown in the Common Policy Declarations. If no entry is shown, the effective date of the endorsement is the same as the
effective date of the policy.
*ATTACHED TO AND FORMING PART OF *EFFECTIVE DATE OF ENDORSEMENT: *ISSUED TO:
POLICY NO:
a) Classification Limitation Endorsement
This insurance applies only to locations and operations that are described on the Declarations page or Extension of Declarations
of this policy. If any operation(s) and/or location(s) are not described, they are not covered hereunder.
b) Asbestos & Silica Dust Exclusion
This insurance does not apply to any claim or claims arising out of:
“Bodily injury”, caused by asbestosis, silicosis, mesothelioma, emphysema, pneumoconiosis, pulmonary fibrosis, pleuritis,
endothelium or any lung disease or any ailment caused by, or aggravated by exposure, inhalation, consumption or absorption of
asbestos fibres or dust or silica particles and/or dust: or
Any “property damage” due to or arising out of the actual or alleged presence of asbestos fibres or silica dust and/or particles in
any form, including the cost of remedial investigations or feasibility studies, or the cost of testing, monitoring, cleaning or
removal of any property or substance: or
“Bodily injury” or “property damage” or any other action based on the insured(s) supervision, removal, instructions,
recommendations, warranties (expressed or implied), warnings or advice given or withheld regarding asbestos fibres or silica
particles and/or dust.
c) Lead Contamination Exclusion
This insurance does not apply to:
1) “Bodily injury” or “property damage” arising out of the ingestion, inhalation or absorption of lead in any
form.
2) Any loss, cost or expense arising out of any request, demand or order that any insured or others test for,
monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the
effects of lead; or
3) Any loss, cost or expense arising out of any claim or suit by or on behalf of a governmental authority for
damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or
neutralizing, or in any way responding to, or assessing the effects of lead.
d) Absolute Pollution Exclusion Endorsement
Under 2., Exclusions, j. Pollution, Owners and Contractors Protective Liability Coverage Form, Section I. – Coverages,
Pollution/environmental impairment/contamination is not covered under this policy, nor are any expenses nor any obligation to
share damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising or alleged to
have arisen out of same. All liability and expense arising out of or related to any form of pollution, whether intentional or
otherwise and whether or not any resulting injury, damage, devaluation, cost or expense is expected by any Insured or any other
person or entity is excluded throughout this policy. All wording is replaced by the following:
(A) "Bodily Injury," "Property Damage," or Damages for the devaluation of property, or for taking, use or acquisition or
interference with the rights of others in or on property or air space, or any other type injury or expense; or
(B) Any loss, cost, expense, fines and/or penalties arising out of any (1) request, demand, order, governmental authority
or directive or that of any private party or citizen action that any Insured, or others, test for, monitor, clean up,
remove, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of pollutants,
environmental impairments, contaminants or (2) any litigation or administrative procedure in which any Insured or
others may be involved as a party as a result of actual, alleged or threatened discharge, dispersal, seepage, migration,
release, escape or placement of pollutants, environmental impairments, contaminants into or upon land, premises,
buildings, the atmosphere, any water course, body water, aquifer or ground water, whether sudden, accidental or
gradual in nature or not, and regardless of when.
Pollutants mean any solid, liquid, gaseous fuel, lubricant, thermal, acoustic, electrical, or magnetic irritant or contaminant,
including but not limited to smoke, vapor, soot, fumes, fibers, radiation, acid, alkalis, petroleums, chemicals or waste. Waste
includes medical waste and all other materials to be disposed of, recycled, stored, reconditioned or reclaimed.
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e) Punitive/Exemplary Damages Exclusion
This insurance does not apply to any claim of or indemnification for punitive or exemplary damages.
If a claim or a “suit” shall have been brought against you for a claim within the coverage provided under this policy, seeking both
compensatory and punitive or exemplary damages, then we shall afford a defense for such action. We shall not, however have
any obligation to pay for any costs, interest or damages attributable to punitive or exemplary damages.
If State law provides for statutory multiple damage awards, the company will pay only the amount of the award before the
multiplier is applied.
f) Employer’s Liability Exclusion Amended
Exclusion, f. Employer’s Liability, Owners and Contractors Protective Liability Coverage Form, Section I. – Coverages is
deleted and replaced with the following which is to apply throughout this policy:
This insurance does not apply to any claim, suit, cost or expense arising out of “bodily injury” to:
(1) any employee of the Named Insured arising out of and in the course of employment by any Insured, or while performing
duties related to the conduct of the Insured’s business; or
(2) the spouse, child, parent, brother, sister or relative of that employee as a consequence of (1). This exclusion applies whether
an Insured may be liable as an employer or in any other capacity, and/or to any obligation to share damages with or repay
someone else who must pay damages because of the injury, as well as liability assumed under any “Insured Contract”.
Wherever the word employee appears above, it shall also mean any member, associate, leased worker, temporary worker, or any
person or persons loaned to or volunteering services to you.
g) Employment Related Practices Exclusion
This insurance does not apply to any claim arising out of the following:
(1) refusal to employ or termination of employment, and/or
(2) discrimination, coercion, demotion, evaluation, reassignment, discipline, defamation, harassment in any form, humiliation
or other employment-related practices, policies, acts or omissions, and/or
(3) any type of consequential injury as a result of (1) and/or (2).
h) Assault and/or Battery Exclusion
The coverage under this policy does not apply to any claim, suit, cost or expense arising out of assault and/or battery, or out of
any act or omission in connection with the prevention or suppression of such acts, whether caused by or at the instigation or
direction of any Insured or Insured's employees, patrons or any other person. Nor does this insurance apply with respect to any
charges or allegations of negligent hiring, training, placement or supervision. Furthermore, assault and/or battery includes
"bodily injury" resulting from the use of reasonable force to protect persons or property. The sentence "This exclusion does not
apply to "bodily injury" resulting from the use of reasonable force to protect persons or property" is deleted from the Owners and
Contractors Protective Liability Coverage Form, Section I, Item 2., Exclusions, a.
i) Sexual Abuse and/or Molestation Exclusion
The coverage under this policy does not apply to "bodily injury" or "property damage" arising out of:
1. The actual or threatened abuse or molestation or licentious, immoral or sexual behaviour whether or not intended to
lead to, or culminating in any sexual act, of any person, whether caused by, or at the instigation of, or at the direction
of, or omission by, any insured, his employees, or any other person, or
2. The actual or alleged transmission of any communicable disease, or
3. Charges or allegations of negligent hiring, employment, investigation, supervision, reporting to the proper authorities,
or failure to so report; or retention of a person for whom any insured is or ever was legally responsible and whose
conduct would be excluded by paragraph 1, above.
Abuse includes, but is not limited to, negligent or intentional infliction of physical, emotional or psychological injury/harm.
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j) Professional Services Exclusion
Professional Liability, Malpractice, Errors, Omission, Acts of any type including rendering or failure to render any type of
professional service is not covered under this policy nor are any expenses nor any obligation to share damages with or repay
anyone else who must pay damages from same.
k) Nuclear Energy Liability Exclusion Endorsement IL 0021 (04/98)
1) The insurance does not apply:
A. Under any Liability Coverage, to "bodily injury" or "property damage":
(1) With respect to which an "insured" under the policy is also an insured under a nuclear energy
liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic
Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their
successors, or would be an insured under any such policy but for its termination upon
exhaustion of its limit of liability; or
(2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a)
any person or organization is required to maintain financial protection pursuant to the Atomic
Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy
not been issued would be, entitled to indemnity from the United States of America, or any
agency thereof, under any agreement entered into by the United States of America, or any
agency thereof, with any person or organization.
B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from
the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by
any person or organization.
C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous
properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of,
an "insured" or (b) has been discharged or dispersed therefrom;
(2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled,
used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or
(3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of
services, materials, parts or equipment in connection with the planning, construction,
maintenance, operation or use of any "nuclear facility", but if such facility is located within the
United States of America, its territories or possessions or Canada, this exclusion (3) applies
only to "property damage" to such "nuclear facility" and any property thereat.
2) As used in this endorsement:
"Hazardous properties" includes radioactive, toxic or explosive properties.
"Nuclear material" means "source material", "Special nuclear material" or "by-product material".
"Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic
Energy Act of 1954 or in any law amendatory thereof.
"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation
in a "nuclear reactor".
"Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by
the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material"
content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under
the first two paragraphs of the definition of "nuclear facility".
"Nuclear facility" means:
(a) Any "nuclear reactor";
(b) Any equipment or device designed or used for (1) separating the isotopes of uranium or
plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging
"waste";
(c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear
material" if at any time the total amount of such material in the custody of the "insured" at the
premises where such equipment or device is located consists of or contains more than 25 grams
of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium
235;
(d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal
of "waste";
and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises
used for such operations.
"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction
or to contain a critical mass of fissionable material.
"Property damage" includes all forms of radioactive contamination of property.
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l) Other Insurance - Excess Coverage
If other valid and collectible insurance is available to the insured for a loss covered under the Owners and Contractors Protective
Liability Coverage part, our obligations are limited as follows:
1) Primary Insurance: This insurance is primary except when 2) below applies.
2) Excess Insurance: This insurance is excess over any other insurance, whether
primary, excess, contingent or on any other basis. When this insurance is excess, we will have
no duty to defend any claim or suit made under the Owners and Contractors Protective
Liability Coverage part that any other insurer has a duty to defend.
m) Independent Contractors/Subcontractors-Conditional
This insurance does not apply to any claim arising out of the following:
(1) “Bodily Injury” or “property damage” caused by acts of independent ContractorS/Subcontractors contracted by you or on
your behalf unless you obtain Certificates of Insurance from them providing evidence of at least like coverage and limits of
liability as provided by this policy and naming you as an additional insured.
(2) “Bodily Injury” or “property damage” sustained by any independent contractor/subcontractor, or any employee, leased
worker, temporary or volunteer help of same, unless a Named Insured or employee of a Named Insured is on site, at the
time of the injury or damage, or the injury or damage is directly caused by an employee of the Named Insured.
n) Contractual Liability Amendment
Wherever Contractual Liability is addressed in this policy, the following applies:
This insurance does not apply to “bodily injury” or “property damage” or any injury, loss or damage of any type assumed under
any “Insured Contract” resulting from the sole negligence of the indemnitee.
o) Participants Exclusion
This insurance does not apply to any claims, suits, accusations or charges or any loss, cost or expense arising out of :
1) "Bodily injury" sustained by any person while practising for, participating in, or in any way organizing,
sponsoring or assisting in any exhibition, event, contest, demonstration race or show: or
2) "Property damage" to any property of any person described in 1) above.
"Any Person" includes but is not limited to attendants, mechanics, stewards, officials, announcers, musicians, animal handlers, or
any other person employed by or doing volunteer work for you or any insured whether or not authorized by or at the direction of
the insured.
p) Auto Exclusion
This insurance does not apply to "bodily injury" or "property damage" arising out of, caused by or contributed to by the
ownership, non-ownership, maintenance, use or entrustment to others of any "auto". Use includes operation and "loading and
unloading".
q) Cross Liability Endorsement
The coverage under this policy does not apply to "bodily injury", "property damage", or any injury, loss or damage arising out of
actions, allegations, expense initiated or caused to be brought about by any insured covered by this policy against any other
insured covered by this policy.
r) Absorption / Inhalation / Disease Exclusion
This insurance does not apply to "bodily injury", "property damage", disease or illness including death resulting from such
disease or illness, alleged disease or illness, property damage, or any other damages, for past, present, or future claims arising in
whole or in part, directly or indirectly out of:
1) Any form of inhalation or absorption; or
2) Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus, or exposure to another having
same, or to substances or materials contaminated with same; or
3) Fear of contracting Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus; or
4) Any sexually transmitted disease; or
5) Any form of communicable disease.
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This applies whether damages result from an insured's act or failure to act, as well as allegations of an insured's act or failure to
act in:
1) Hiring, training or supervising any person or controlling, monitoring or
supervising the care of any person in the custody of any insured; or
2) Testing, screening, segregating or obtaining medical treatment for any person in the custody of any
insured; or
3) Disposing of contaminating substances or materials.
s) Animal/Reptile Exclusion Endorsement
The coverage under this policy does not apply to "bodily injury", "property damage", or any injury, loss or damage arising out of
or caused by an animal or reptile, regardless whether owned by you, in your care, whether or not on the project premises.
t) Exclusion - Firearms
This insurance does not apply to "bodily injury" or "property damage" arising out of the ownership, rental, maintenance, use or
misuse of any firearms.
u) Duty to defend
Where there is no coverage under this policy, there is no duty to defend.
Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or
limitations of the above mentioned Certificate, other than as above stated.
In Witness Whereof, Insurers have caused this endorsement to be signed by their duly authorised representative.
_________________________________
Authorised Representative
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