# Enhanced Commercial Umbrella Liability Policy

## "Pollutants":

1.) Is at or from any:
   (i) Premises, site or location that is owned by, occupied by, rented to, or loaned to any "insured"; or
   (ii) Premises, site or location on which any "insured" or any contractors or subcontractors working directly or indirectly on any "insured"s behalf are performing operations, if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such "insured", contractor or subcontractor; and

2.) Commenced abruptly and instantaneously and can be clearly identified as having commenced during the "policy period";

3.) Is known by any "insured" within the number of days set forth in the Declarations as Pollution Knowledge Time Frame after the commencement of the discharge, dispersal, seepage, migration, release or escape of "pollutants"; and

4.) Is reported to us within the number of days set forth in the Declarations as Pollution Reporting Time Frame after the "insured" referenced in subparagraph 3.) above first learns of the commencement of the discharge, dispersal, seepage, migration, release or escape of "pollutants".

2.) Notwithstanding the above, this insurance shall not apply to any "loss", cost or expense arising out of any:
   a. Request, demand, order, statutory or regulatory requirement 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"; or
   b. Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, in any way responding to, or assessing the effects of, "pollutants";

However, this Paragraph 2. of the exclusion does not apply to liability for damages because of "property damage" that the "insured" would have in the absence of such request, demand, order, statutory or regulatory requirement, claim or "suit" by or on behalf of a governmental authority.

Where any coverage provided by this policy for "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" is not provided by applicable "underlying insurance", except due to the exhaustion of such "underlying insurance" by "loss" to which this policy applies, the coverage for such "bodily injury" or "property damage" shall be provided excess of the "enhanced coverage self-insured retention". This provision shall not apply if pollution coverage is provided excess of a "scheduled retained limit", in which case, the "scheduled retained limit" and not the "enhanced coverage self-insured retention" shall apply.

- **Recall of Products, Work or "Impaired Property"**

This insurance does not apply to any damages claimed for any "loss", cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:
   1. "your product";
   2. "your work"; or
   3. "impaired property";

XSE- 50762(05/18)
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