# CHUBB Enhanced Commercial Umbrella Liability Policy

## Exclusions

1. Caused by or at the direction of the "insured" with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury";
2. Arising out of oral or written publication, in any manner, of material, if done by or at the direction of the "insured" with knowledge of its falsity;
3. Arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the "policy period";
4. Arising out of a criminal act committed by or at the direction of the "insured";
5. For which the "insured" has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the "insured" would have in the absence of the contract or agreement;
6. Arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement";
7. Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement"; or
8. Arising out of the wrong description of the price of goods, products or services stated in your "advertisement".

### Pollution

1. This insurance does not apply to "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" anywhere at any time; However, this Paragraph 1. of the exclusion shall not apply to the exceptions set forth in subparagraphs a. through i. below:

#### Various Named Perils

- "Bodily injury" or "property damage" caused by pollution if the discharge, dispersal, seepage, migration, release or escape of "pollutants" commenced abruptly and can be clearly identified as having commenced during the "policy period", and is caused solely by:
  1. Application of fungicide, herbicide or pesticide at any premises, site or location that are owned by, occupied by, rented to, or loaned to, any "insured";
  2. Fire, lightning; explosion; windstorm; flood; or earthquake;
  3. Vandalism; malicious mischief; riot or civil commotion;
  4. Sprinkler leakage; or
  5. Collision, upset or overturn of an aircraft or railcar.

#### Equipment to Heat, Cool, Humidify, Dehumidify or Ventilate a Building

- "Bodily injury", if sustained within a building and caused by smoke, fumes, vapor or soot from equipment used to heat, cool, humidify, dehumidify or ventilate that building or equipment used to heat water for personal use by the building's occupants or their guests.

#### Contractor/Lessee Operations

- "Bodily injury" or "property damage" for which you may be held liable if:
  1. You are a contractor;
  2. The owner or lessee of such premises, site or location has been added to this policy as an additional "insured" with respect to your ongoing operations performed for that additional "insured" at such premises, site or location;

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XSE- 50762(05/18)  
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