Pollution Claim definition

Pollution Claim means the following: (i) for claims shown on the Books and Records of any Reinsured or CNA Insurer as having been made on or prior to December 31, 2009, all claims coded as “pollution claims” or “environmental claims” on the Books and Records of any Reinsured or CNA Insurer and arising under the accounts listed on Schedule 1.1(c) attached hereto, (ii) for claims shown in the files and records of any GRM Direct & Assumed, Syndicate, Pool or Association as having been made on or prior to December 31, 2009, all claims coded as “pollution claims” or “environmental claims” in the files and records of any GRM Direct & Assumed, Syndicate, Pool or Association, and (iii) for claims made after December 31, 2009, (A) any claim involving allegations, in whole or in part, of Property Damage arising out of, or relating 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 including claims for nuisance and trespass and claims for equitable relief and (B) any claim involving allegations of Bodily Injury, personal injury, mental anguish, medical monitoring, nuisance and trespass, including claims for equitable relief, associated with, related to or resulting from any 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. For the avoidance of doubt, the Parties acknowledge and agree that claims arising from actual, alleged or threatened pollution of the air inside a building (e.g., indoor mold claims) are not a “Pollution Claim” unless the pollution was caused by actual, alleged or threatened pollution of land, the external atmosphere or any watercourse or body of water. For the further avoidance of doubt, the Parties also acknowledge and agree that claims asserting that any Reinsured or CNA Insurer (A) failed to warn any Person of potential Pollutants, (B) engaged in any unfair trade practice or failed to handle claims in good faith, (C) negligently conducted loss control functions, (D) failed to settle or pay claims within the limits of any Reinsured Contract, (E) otherwise negligently conducted claims handling, (F) misrepresented, or otherwise committed a tort or fraud in connection with the Business Covered, or (G) failed to properly comply with Medicare or...
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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. [*****]
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Examples of Pollution Claim in a sentence

  • L Pollution The Insurer will pay on behalf of an Insured all Loss resulting from any Claim for a Wrongful Act of an Insured arising out of the actual, alleged or threatened, sudden and accidental presence, discharge, dispersal, release, migration or escape of Pollutants other than asbestos, nuclear or radioactive material of any sort (a Pollution Claim).

  • K Pollution The Insurer will pay on behalf of an Insured all Loss resulting from any Claim for a Wrongful Act of an Insured arising out of the actual, alleged or threatened, sudden and accidental presence, discharge, dispersal, release, migration or escape of Pollutants other than asbestos, nuclear or radioactive material of any sort (a Pollution Claim).

  • It shall be the duty of the Insureds and not the duty of the Insurer to defend any Pollution Claim under the Pollution Claim Coverage Part, if purchased.The Insureds agree not to settle or offer to settle any Claim, incur any Defense Costs or otherwise assume any contractual obligation or admit any liability with respect to any Claim without the Insurer’s written consent.

  • Subject to this Subsection 7, it shall be the right and duty of the Insurer and not the duty of the Insureds to defend any Claim, other than a Pollution Claim, even if such Claim is groundless, false or fraudulent.

  • Pollution Claim made against the Insured seeking sums payable under this Policy, even if the allegations of the Pollution Claim are groundless or false.”))cigarette smoking.

  • The Parties acknowledge that an account with Reinsured Contracts may involve a claim or related claims that are in part or in whole not an Asbestos Claim or a Pollution Claim.

  • Pollution Liability The Insurer agrees to pay on behalf of the Insured any Loss arising from any Pollution Claim first received by the Insured and notified to the Insurer during the Period of Insurance occurring within the Territorial Limits.

  • Claim means Professional Claim, Pollution Claim, Cyber Claim, andMedia and Personal Injury Claim.

  • The maximum amount the Insurer shall pay for Defence Costs for a Pollution Claim in the Period of Insurance is the sub-limit specified in the Schedule irrespective of the number of Claims, the amount claimed, or the number of InsuredOrganisations insured under this policy.

  • Under Coverage C only, when you are required by written contract, written agreement, or permit, executed prior to when the Pollution Claim was first made, to include any person or entity as an additional Insured, such coverage will be provided on a primary and non-contributory basis to the extent so required.

Related to Pollution Claim

  • Clean Claim means a claim that:

  • Pollution prevention means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain “in-process recycling” practices), energy recovery, treatment, or disposal.

  • Pollution means pollution or contamination of the atmosphere or of any water land or other tangible property;

  • Environmental pollution means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commer- cial or recreational use, or deleterious to fish, bird, animal or plant life.

  • Environmental, Health and Safety Laws means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Resource Conservation and Recovery Act of 1976, and the Occupational Safety and Health Act of 1970, each as amended, together with all other laws (including rules, regulations, codes, plans, injunctions, judgments, orders, decrees, rulings, and charges thereunder) of federal, state, local, and foreign governments (and all agencies thereof) concerning pollution or protection of the environment, public health and safety, or employee health and safety, including laws relating to emissions, discharges, releases, or threatened releases of pollutants, contaminants, or chemical, industrial, hazardous, or toxic materials or wastes into ambient air, surface water, ground water, or lands or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or chemical, industrial, hazardous, or toxic materials or wastes.

  • Environmental, Health and Safety Liabilities means any cost, damages, expense, liability, obligation or other responsibility arising from or under any Environmental Law.

  • Pollution Incident means an occurrence or series of occurrences having the same origin, which results or may result in a discharge of oil and/or hazardous and noxious substances and which poses or may pose a threat to the marine environment, or to the coastline or related interests of one or more States, and which requires emergency action or other immediate response;

  • Imminent danger to the health and safety of the public means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before such condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose the person's self to the danger during the time necessary for abatement.

  • Pollution control project means any activity or project at an existing electric utility steam generating unit for purposes of reducing emissions from such unit. Such activities or projects are limited to:

  • Environmental, Health, and Safety Requirements means all federal, state, local and foreign statutes, regulations, and ordinances concerning public health and safety, worker health and safety, and pollution or protection of the environment, including without limitation all those relating to the presence, use, production, generation, handling, transportation, treatment, storage, disposal, distribution, labeling, testing, processing, discharge, release, threatened release, control, or cleanup of any hazardous materials, substances or wastes, as such requirements are enacted and in effect on or prior to the Closing Date.

  • Water pollution means the unpermitted release of sediment from disturbed areas, solid waste or waste-derived constituents, or leachate to the waters of the state.

  • Environmental Safeguards means the principles and requirements set forth in Chapter V, Appendix 1, and Appendix 4 (as applicable) of the SPS;

  • Air pollution means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities, and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interferes with enjoyment of life and property. For the purposes of this chapter, air pollution shall not include air contaminants emitted in compliance with chapter 17.21 RCW, the Washington Pesticide Application Act, which regulates the application and control of the use of various pesticides.

  • Environmental justice means the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.

  • Storm Water Pollution Prevention Plan means a document which describes the on- site program activities to utilize BMPs to eliminate or reduce pollutant discharges to the storm water conveyance system to the maximum extent practicable.

  • Stormwater Pollution Prevention Plan or "SWPPP" means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this Ordinance. In addition the document shall identify and require the implementation of control measures, and shall include, but not be limited to the inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan.

  • Health and Safety means, in relation to a recipient or a third person, the prevention of death or serious personal injury,

  • SWDA means the Solid Waste Disposal Act (42 U.S.C. §§ 6901 et seq.).

  • Environmental Complaint shall have the meaning set forth in Section 4.19(d) hereof.

  • Health and Safety Laws means all applicable laws, statutes, regulations, secondary legislation, by-laws, directives, treaties and other measures, judgments and decisions of any court or tribunal, codes of practice and guidance notes which are legally binding and in force as at the date of this Agreement in so far as they relate to or apply to the health and safety of any person.

  • Natural environment means the air, land and water, or any combination or part thereof, of the Province of Ontario; (“environnement naturel”)

  • Environmental and Safety Laws means any federal, state or local laws, ordinances, codes, regulations, rules, policies and orders that are intended to assure the protection of the environment, or that classify, regulate, call for the remediation of, require reporting with respect to, or list or define air, water, groundwater, solid waste, hazardous or toxic substances, materials, wastes, pollutants or contaminants, or which are intended to assure the safety of employees, workers or other persons, including the public.

  • Remediation waste management site means a facility where an owner or operator is or will be treating, storing or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under § 264.101 of this regulation, but is subject to corrective action requirements if the site is located in such a facility.

  • health and safety file means a file, or other record containing the information in writing required by these Regulations "health and safety plan" means a site, activity or project specific documented plan in accordance with the client's health and safety specification;

  • Contamination means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.

  • Environmental Harm means serious or material environmental harm or environmental nuisance as defined in the Environmental Protection Xxx 0000 (Qld);