Draft outline for asbestos project monitoring contract, May 2002

NYC 9/11 Public Portal Document

ace Westchester specialty group

INSURING AGREEMENTS

I. COVERAGE

We will pay on behalf of the "Insured" those sums in excess of the "Retained Limit" which the "Insured" by reason of liability imposed by law, or assumed by the "Insured" under contract prior to the "Occurrence", shall become legally obligated to pay as damages for:

(A) "Bodily Injury” or "Property Damage" occurring during the policy period stated in Item 2 of the Declarations (“policy period”) and caused by an “occurrence”;

IV. DEFINITIONS

C. "Bodily Injury" means bodily injury, sickness, disease, disability, shock, mental anguish, mental injury and humiliation, including resulting death.

G. "Occurrence" means:

(1) An accident, including continuous or repeated exposure to substantially the same general harmful conditions, that results in "Bodily Injury" or "Property Damage" that is not expected or not intended by the "Insured".

All damages that arise from continuous or repeated exposure to substantially the same general conditions are considered to arise from one "Occurrence".

Based on this language, the WSLIC and Illinois Union policies only cover bodily injury that occurs during the policy period. WSLIC and Illinois Union therefore deny coverage for damage that occurred before December 10,2001 and/or after December 10,2003.

The WSLIC and Illinois Union policies also contain the following provisions which may apply to preclude coverage and upon which WSLIC and Illinois Union reserve the right to deny coverage:

Total Pollution Exclusion — Umbrella Policy

1. “Bodily Injury” or “Property Damage” which would not have occurred in whole or part for the action, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time.

2. Any loss, cost or expense arising out of any: Page 6/9

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