# Named Peril and Time Element Pollution Exclusion with Limited Exceptions Including Auto, Mobile Equipment and Products-Completed Operations and Self-Insured Retention

## Endorsement Number

**Named Insured:** [Name of Insured]

**Policy Symbol:** [Policy Symbol]
**Policy Number:** [Policy Number]
**Policy Period:** [Policy Period]
**Effective Date of Endorsement:** [Effective Date of Endorsement]

**Issued By (Name of Insurance Company):** [Name of Insurance Company]

## This Endorsement Changes the Policy. Please Read It Carefully

This endorsement modifies insurance provided under the following:

**Commercial Umbrella Liability Policy**

### I. Pollution Exclusion

Exclusion R of Section V. EXCLUSIONS is deleted and replaced by the following:

#### R. Pollution

This insurance does not apply to:

1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants";

2. "Loss", cost or expense arising out of any request, demand, order or statutory or regulatory requirement that the "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"; or

3. "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 "pollutants".

Paragraph 1 of this exclusion above does not apply to "bodily injury" or "property damage" arising out of:

i. Any discharge, dispersal, seepage, migration, release or escape of "pollutants" directly or indirectly caused by fire, explosion, lightning, windstorm, vandalism or malicious mischief, riot or civil commotion, flood, earthquake, automatic sprinkler leakage, collision or upset of an "auto", "mobile equipment" or aircraft;

ii. Any discharge, dispersal, seepage, migration, release or escape of "pollutants" arising out of "your product" or "your work" and included within the "products-completed operations hazard" provided that "your product" or "your work" has not at any time been (a) discarded, dumped, abandoned or thrown away by anyone; or (b) transported, handled, stored, treated, disposed of or processed as waste by anyone; or

iii. Any discharge, dispersal, seepage, migration, release or escape of "pollutants" that meets all the following conditions:

(a) It was accidental and neither expected nor intended from the standpoint of the "insured" (other than a non-routine action taken to avoid or mitigate "bodily injury" or "property damage");

(b) It was demonstrable as having commenced on a specific date during the "policy period";

(c) Its commencement became known to the "insured" within thirty (30) calendar days;

MS-206055 (04/17)