|
DocuSign Envelope ID: 1AC635AA-EA4F-4955-BBE2-8A60C54AC4F9
<br /> (1) Banned from the market by an 2. Intentionally concealed or misrepresented a
<br /> authorized government entity prior material fact concerning a "product
<br /> to the policy period; or withdrawal" or "product withdrawal
<br /> expenses" incurred by you.
<br /> (2) Distributed or sold by you
<br /> subsequent to any governmental C. The following definitions are added to Section V
<br /> ban. - Definitions:
<br /> i. Defense Of Claim 1. "Defect" means a defect, deficiency or
<br /> The defense of a claim or suit inadequacy that creates a dangerous against condition.
<br /> you for liability arising out of a "product
<br /> withdrawal". 2. "Product tampering" is an act of intentional
<br /> alteration of "your product" which has
<br /> j. Third Party Damages, Fines And caused or is reasonably expected to cause
<br /> Penalties "bodily injury" or physical injury to tangible
<br /> Any compensatory damages, fines, property other than "your product".
<br /> penalties, punitive or exemplary or other When "product tampering" is known,
<br /> non-compensatory damages imposed suspected or threatened, a "product
<br /> upon the insured. withdrawal' will be limited to those batches
<br /> of "your product" which are known or
<br /> k. Pollution-Related Expenses suspected to have been tampered with.
<br /> Any loss, cost or expense due to any: For the purposes of this insurance,
<br /> (1) Request, demand, order, statutory electronic data is not tangible property.
<br /> or regulatory requirement that any As used in this definition, electronic data
<br /> insured or others test for, monitor, means information, facts or programs stored
<br /> clean up, remove, contain, treat, as or on, created or used on, or transmitted
<br /> detoxify or neutralize, or in any way to or from computer software, including
<br /> respond to, or assess the effects of, systems and applications software, hard or
<br /> "pollutants"; or floppy disks, CD-ROMS, tapes, drives, cells,
<br /> data processing devices or any other media
<br /> (2) Claim or suit or behalf which are used with electronically controlled
<br /> governmental authority
<br /> for damages
<br /> equipment.
<br /> because of testing for, monitoring,
<br /> cleaning up, removing, containing, 3. "Product withdrawal' means the recall or
<br /> treating, detoxifying or neutralizing, withdrawal:
<br /> or in any way responding to, or
<br /> assessing the effects of, a. From the market; or
<br /> "pollutants".
<br /> b. From use by any other person or
<br /> B. For the purposes of this coverage, the following organization;
<br /> condition is added to Section IV — Commercial
<br /> General Liability Conditions: of"your products", or products which contain
<br /> "your products", because of known or
<br /> Concealment Or Fraud suspected "defects" in "your product", or
<br /> known or suspected "product tampering",
<br /> We will not provide coverage to you, or any which has caused or is reasonably expected
<br /> other insured, who at any time: to cause "bodily injury" or physical injury to
<br /> tangible property other than "your product'.
<br /> 1. Engaged in fraudulent conduct; or
<br /> 71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 10
<br /> Copyright Insurance Services Office, Inc., 1984, 1992,2003,2004,2006,2013
<br />
|