# CHUBB Enhanced Commercial Umbrella Liability Policy

## V. EXCLUSIONS

### Aircraft
This insurance does not apply to "bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft owned or operated by or rented or loaned to any "insured". Use includes operation and "loading or unloading".

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" with respect to an "occurrence" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any "insured".

### Asbestos
This insurance does not apply to any "loss", demand, claim or "suit" arising out of or related in any way to asbestos or asbestos-containing materials.

### Auto
This insurance does not apply to:

1. "Auto liability". This exclusion does not apply to the extent that coverage for such "auto liability" is provided by "underlying insurance" or would have been provided but for the exhaustion of the applicable limits of "underlying insurance" by the payment of "loss" to which this policy applies; provided, however, that coverage provided by this policy will be no broader than coverage provided by "underlying insurance". Additionally, this exclusion does not apply when coverage for "auto liability" is expressly provided excess of a "scheduled retained limit."

2. Any "loss", cost or expense payable under or resulting from any first-party "auto" physical damage coverage, "auto" no-fault law, personal injury protection, "auto" medical payments coverage, uninsured motorist law or underinsured motorist law.

### Contractual Liability
This insurance does not apply to "bodily injury" or "property damage" for which the "insured" is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages:

1. That the "insured" would have in the absence of the contract or agreement; or

2. Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an "insured" are deemed to be damages because of "bodily injury" or "property damage", provided:

   a. Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and

   b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.

### Damage to "Impaired Property" or Property Not Physically Injured
This insurance does not apply to "property damage" to "impaired property" or property that has not been physically injured, arising out of:

1. A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or

2. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in