# Coverage G - Bodily Injury Liability

## Coverage B - Property Damage Liability

The company will pay on behalf of the insured all sums which he incurs shall become legally obligated to pay as damages because of:

* **Bodily injury**
* **Property damage**

To which this insurance agrees, caused by an occurrence and arising out of the ownership, maintenance or use of an auto while loading and unloading of merchandise, but the company shall have no right and duty to defend any suit against the insured for the payment of any such damages on account of bodily injury or property damage, even if any of the allegations thereon be groundless, false or fraudulent, and may not such investigation or defense be made with any claim or suit as it deems expedient. The company shall not be obligated to pay any claim or judgment or to defend any suit. The applicable limit of the company's liability has been expressed by payment of premiums or otherwise.

**Exclusions:**

This coverage does not apply:

1. To liability assumed by the insured under any contract or agreement:
    * (a) To any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law.
    * (b) To liability assumed by the insured or to any person assumed to indemnify another because of an injury arising out of and in the course of the business of the insured or to any person assumed to indemnify another because of an injury arising out of and in the course of domestic service performed by such person.
2. To bodily injury to any employee of the insured arising out of and in the course of employment by the insured or to any person assumed to indemnify another because of an injury arising out of and in the course of domestic service performed by such person unless benefits therefor are in whole or in part either payable or required to be provided under any workmen's compensation law.

### (a) To property damage to:

1. Property owned or being transported by the insured, or
2. Property used to or in the care, custody or control of the insured, or
3. Property used to or in the care, custody or control of any person exercising physical control, other than the insured, over such property damage to a public or private garage by a British police or customs officer while such property is covered by this insurance, or
4. To bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion, revolution or in any act or condition incident to any of the foregoing, with respect to expenses for first aid under the Supplementary Payments in Lieu of Wages Act, 1948, or
5. To bodily injury or property damage resulting from the discharge, dispersal, release or escape of smoke, vapor, gas, fumes, acids, alkalis, toxic chemicals, irritants, poisonous substances or other offensive, noxious or harmful pollutants into or upon property owned or being transported by the insured, the storage of any such substance or body of water in which such substance is contained, the atonement of any such substance or body of water in which such substance is contained, or the discharge, dispersal, release or escape is caused by an accident.

### (b) Not applicable to:

1. Property owned or being transported by the insured, or
2. Property used to or in the care, custody or control of the insured, or
3. Property used to or in the care, custody or control of any person exercising physical control, other than the insured, over such property damage to a public or private garage by a British police or customs officer while such property is covered by this insurance, or
4. To bodily injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion, revolution or in any act or condition incident to any of the foregoing, with respect to expenses for first aid under the Supplementary Payments in Lieu of Wages Act, 1948, or
5. To bodily injury or property damage resulting from the discharge, dispersal, release or escape of smoke, vapor, gas, fumes, acids, alkalis, toxic chemicals, irritants, poisonous substances or other offensive, noxious or harmful pollutants into or upon property owned or being transported by the insured, the storage of any such substance or body of water in which such substance is contained, the atonement of any such substance or body of water in which such substance is contained, or the discharge, dispersal, release or escape is caused by an accident.

## Persons Insured

Each of the following is an insured under this insurance to the extent set forth herein:

1. The named insured;
2. Any partner or executive officer thereof, but with respect to a non-owned automobile only while such automobile is being used in the business of the named insured;
3. Any other person while using an owned automobile or a hired automobile with the permission of the named insured, provided that actual operation of such automobile, but with respect to the liability for property damage arising out of the loading or unloading thereof, such other person, shall be an insured only if he is:
    * (i) A lessee or borrower of the automobile, or
    * (ii) An employee of the named insured or of such lessee or borrower;
4. Any other person or organization but only with respect to his or its liability because of actual operation of an insured under No. 1(a) or (c) above.
5. The owner of the automobile in which any person injured in the course of his business employment, was a passenger, or the owner of an owned automobile, or the owner of a hired automobile, or any agent or employee of any such owner or lessee;
6. An executive officer with respect to an automobile owned by him or by a member of his household;

## Additional Definitions

When used in reference to this insurance, including endorsements forming a part of the policy:

* **"Automobile business"** means the business or occupation of selling, repairing, servicing, storing or parking automobiles.
* **"Hired automobile"** means an automobile not owned by the named insured, which is under contract in behalf of, or being used by, the named insured, provided such automobile is not owned by or registered in the name of, and is not operated by, an executive officer of the named insured or of an employee of the named insured who is granted an operating allowance of any sort for the use of such automobile.
* **"Non-owned automobile"** means an automobile which is neither an owned automobile nor a hired automobile.
* **"Owned automobile"** means an automobile owned by the named insured.
* **"Private passenger automobile"** means a four wheel private passenger or station wagon type automobile.
* **"Trailer"** includes semi-trailer but does not include mobile equipment.

## Additional Condition

**Excess Insurance—Hired and Non-Owned Automobiles**

With respect to a hired automobile or a non-owned automobile, this insurance shall not cause insurance over any other valid and collectible insurance available to the insured.