Definition of Pollution Claim

  1. Pollution Claim means any claim to the extent it involves allegations of bodily injury, property damage, personal injury, or other similar claim, arising out of or relating in any way in whole or in part to an actual, alleged or threatened discharge, emission, dispersal, seepage, migration, release or escape of Pollutants into or upon land, the atmosphere or any watercourse or body of water which caused or threatened to cause property damage. Pollution Claim shall not include (i) any environmental or toxic tort claims relating to lead paint (excluding lead in manufacturing and mining), (ii) any claims arising from Pollutants in the water supply of the Flint, Michigan and related municipalities from policies written after January 1, 2000, (iii) any liability arising from any policies of insurance or reinsurance covering environmental liabilities or asbestos remediation to the extent that such policies of insurance or reinsurance were intentionally written or endorsed as specialized products to cover such exposures, including, without limitation, environmental liability insurance, asbestos remediation liability insurance, contractors pollution insurance and environmental site remediation products; (iv) any claims arising under policies written after 1985 that do not involve latent or gradual discharge, emission, dispersal, seepage, migration, release or escape of Pollutants, or (iv) any claims asserting that the Reinsured failed to warn any person of potential Pollutants negligently conducted loss control functions or failed to comply with any Medicare or other liens. To the extent that a claim involves mixed allegations involving Pollutants and other non-Pollutant related causes of action (including causes of action excluded in Section 2.3), the liability arising from each such claim shall be appropriately allocated to the Pollution Claim and the non-Pollution related causes of action. The Reinsured hereby represents and warrants that it is not aware of any pending or threatened claims arising from Pollutants in the water supply of Flint, Michigan and related municipalities from policies written before January 1, 2000.[*****]

Examples of Pollution Claim in a sentence

  1. While the coding of any CNA Party or CNA Insurer shall be conclusive as to whether a claim made on or prior to December 31, 2009 is a Pollution Claim, for a claim made after December 31, 2009, the past coding of any CNA Party or CNA Insurer of a similar claim shall not be conclusive as to whether the claim is a Pollution Claim.
  2. Pollutants as used in the definition of Pollution Claim includes any solid, liquid, gaseous or thermal substance, irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste (including any materials to be recycled, reconditioned or reclaimed).

Definition of Pollution Claim in Excess of Loss Reinsurance Agreement

Pollution Claim means any claim to the extent it involves allegations of bodily injury, property damage, personal injury, or other similar claim, arising out of or relating in any way in whole or in part to an actual, alleged or threatened discharge, emission, dispersal, seepage, migration, release or escape of Pollutants into or upon land, the atmosphere or any watercourse or body of water which caused or threatened to cause property damage. Pollution Claim shall not include (i) any environmental or toxic tort claims relating to lead paint (excluding lead in manufacturing and mining), (ii) any claims arising from Pollutants in the water supply of the Flint, Michigan and related municipalities from policies written after January 1, 2000, (iii) any liability arising from any policies of insurance or reinsurance covering environmental liabilities or asbestos remediation to the extent that such policies of insurance or reinsurance were intentionally written or endorsed as specialized products to cover such exposures, including, without limitation, environmental liability insurance, asbestos remediation liability insurance, contractors pollution insurance and environmental site remediation products; (iv) any claims arising under policies written after 1985 that do not involve latent or gradual discharge, emission, dispersal, seepage, migration, release or escape of Pollutants, or (iv) any claims asserting that the Reinsured failed to warn any person of potential Pollutants negligently conducted loss control functions or failed to comply with any Medicare or other liens. To the extent that a claim involves mixed allegations involving Pollutants and other non-Pollutant related causes of action (including causes of action excluded in Section 2.3), the liability arising from each such claim shall be appropriately allocated to the Pollution Claim and the non-Pollution related causes of action. The Reinsured hereby represents and warrants that it is not aware of any pending or threatened claims arising from Pollutants in the water supply of Flint, Michigan and related municipalities from policies written before January 1, 2000.[*****]