# ABSOLUTE POLLUTION EXCLUSION WITH HOSTILE FIRE — EXCESS LIABILITY

**Date Issued:** June 6, 1991  
**Endorsement No.:** 3  
**Insured:** International Business Machines Corp., Etal  
**Policy No.:** (92)7908-98-98  
**Name of Company:** Federal Insurance Company  
**Effective Date:** 05/21/91  
**Producer:** Johnson & Higgins

## THIS POLICY IS SUBJECT TO THE FOLLOWING ADDITIONAL EXCLUSION

Under "EXCLUSIONS", Item 2. **Pollution Liability** is deleted in its entirety and replaced with the following:

This policy will not apply to the following, regardless of whether or not such coverage was or would have been afforded by an **Underlying Insurance** policy.

### 2. Pollution Liability

a. To any liability, defense costs and expenses, where all or any part of such liability, defense costs and expenses arise out of the actual, alleged, or threatened discharge, dispersal, release or escape of pollutants into or upon any person, place or thing, including the land or any other real estate, any man-made structure, the atmosphere, any water or watercourse, whether above or below ground or otherwise into the environment, however caused or whenever happening;

b. To any loss, cost or expense where all or any part of such loss, cost or expense arise out of any governmental direction or request that the insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize any pollutant or the actual, alleged or threatened discharge, dispersal, release, seepage or escape thereof.

**Pollutant** means any solid, liquid, gaseous or thermal irritants or contaminant, including but not limited to smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste which are designated as pollutants by listing published by the United States Environmental Protection Agency or a state counterpart thereof, or, if unlisted, nevertheless exhibits the characteristics of (1) ignitability, (2) corrosiveness, (3) reactivity, or (4) toxicity to a degree which would cause it to be so listed if the subject were to be addressed by the E.P.A. or state counterpart thereof. Waste includes materials to be recycled, reconditioned or reclaimed.

It is our intent to exclude any and all coverage for any claim, suit, liability, defense costs, expenses, settlement arising directly or indirectly out of pollution whether or not the pollution was sudden, accidental, gradual, intended, expected, unexpected, preventable or not preventable.

## ABSOLUTE POLLUTION EXCLUSION WITH HOSTILE FIRE EXCESS LIABILITY

Form 07-02-0666 (Ed. 8-89)

**INSURED'S COPY**