# Pollution - Absolute Exclusion (With Hostile Fire Provision)

**178419 08 88**

**Excess Liability Policy**

**EXCLUSION 3. POLLUTION. is replaced by the following:**

### 3. POLLUTION.

#### A. To any liability, including defense, arising:
- (1) Directly;
- (2) Indirectly; or
- (3) In concrence, or in any sequence, with a cause for which coverage may be afforded by this policy, out of the actual, alleged or threatened existence, discharge, dispersal, seepage, migration, release or escape of "Pollutants".

#### B. To any loss, cost, or expense arising out of any request, demand or order issued or made pursuant to any environmental protection or environmental liability statutes or regulations 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".

**"Pollutants" means one or more man-made or naturally occurring solid, liquid, gaseous or thermal irritant or contaminant including but not limited to smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes material to be recycled, reconditioned or reclaimed.**

It is the intent and effect of this provision to exclude any or all coverages afforded by this policy for any claim, action, judgment, liability, settlement, defense or expense in any way arising out of an existence, discharge, dispersal, seepage, migration, release or escape of "Pollutants" whether such results from any Insured's activities or the activities of others and whether or not such is sudden, gradual, accidental, intended, foreseeable, expected, fortuitous, inevitable and wherever or however such occurs.

#### C. Sections A., A.(1), A.(2) and A.(3) of this exclusion do not apply to bodily injury or property damage arising out of smoke or fumes from a "Hostile Fire":
- (1) At or from premises any Insured owns, rents, or occupies; or
- (2) At or from any site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured's behalf are performing operations.

This Form must be attached to Change Endorsement when issued after the policy is written.
One of the Fireman's Fund Insurance Companies as named in the policy

**Thomas A. Swanson**
**Secretary**

**Lee L. Sturmette**
**President**

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