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71 1403 1115 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
<br />Copyright Insurance Services Office, Inc., 1984, 1992, 2003, 2004, 2006, 2013 Page 3 of 10
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<br />(1) Banned from the market by an
<br />authorized government entity prior
<br />to the policy period; or
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<br />(2) Distributed or sold by you
<br />subsequent to any governmental
<br />ban.
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<br />i. Defense Of Claim
<br />
<br />The defense of a claim or "suit" against
<br />you for liability arising out of a "product
<br />withdrawal".
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<br />j. Third Party Damages, Fines And
<br />Penalties
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<br />Any compensatory damages, fines,
<br />penalties, punitive or exemplary or other
<br />non-compensatory damages imposed
<br />upon the insured.
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<br />k. Pollution-Related Expenses
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<br />Any loss, cost or expense due to any:
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<br />(1) Request, demand, order, statutory
<br />or regulatory requirement that any
<br />insured or others test for, monitor,
<br />clean up, remove, contain, treat,
<br />detoxify or neutralize, or in any way
<br />respond to, or assess the effects of,
<br />"pollutants"; or
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<br />(2) Claim or suit by or on behalf of a
<br />governmental authority for damages
<br />because of testing for, monitoring,
<br />cleaning up, removing, containing,
<br />treating, detoxifying or neutralizing,
<br />or in any way responding to, or
<br />assessing the effects of,
<br />"pollutants".
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<br />B. For the purposes of this coverage, the following
<br />condition is added to Section IV – Commercial
<br />General Liability Conditions:
<br />
<br />Concealment Or Fraud
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<br />We will not provide coverage to you, or any
<br />other insured, who at any time:
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<br />1. Engaged in fraudulent conduct; or
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<br />2. Intentionally concealed or misrepresented a
<br />material fact concerning a "product
<br />withdrawal" or "product withdrawal
<br />expenses” incurred by you.
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<br />C. The following definitions are added to Section V
<br />- Definitions:
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<br />1. "Defect" means a defect, deficiency or
<br />inadequacy that creates a dangerous
<br />condition.
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<br />2. "Product tampering" is an act of intentional
<br />alteration of "your product" which has
<br />caused or is reasonably expected to cause
<br />"bodily injury" or physical injury to tangible
<br />property other than "your product".
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<br />When "product tampering" is known,
<br />suspected or threatened, a "product
<br />withdrawal" will be limited to those batches
<br />of "your product" which are known or
<br />suspected to have been tampered with.
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<br />For the purposes of this insurance,
<br />electronic data is not tangible property.
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<br />As used in this definition, electronic data
<br />means information, facts or programs stored
<br />as or on, created or used on, or transmitted
<br />to or from computer software, including
<br />systems and applications software, hard or
<br />floppy disks, CD-ROMS, tapes, drives, cells,
<br />data processing devices or any other media
<br />which are used with electronically controlled
<br />equipment.
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<br />3. "Product withdrawal" means the recall or
<br />withdrawal:
<br />
<br />a. From the market; or
<br />
<br />b. From use by any other person or
<br />organization;
<br />
<br />of "your products", or products which contain
<br />"your products", because of known or
<br />suspected "defects" in "your product", or
<br />known or suspected "product tampering",
<br />which has caused or is reasonably expected
<br />to cause "bodily injury" or physical injury to
<br />tangible property other than "your product".
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<br />DocuSign Envelope ID: C56EFCA2-9A8B-45D2-8D7A-1B34C53E113B
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