This Policy does not cover liability:
- 16.1 .
- 16.2 .
- 16.3 .
- 16.4 .
- 16.5 arising out of clauses, penalty clauses or except to the extent that it can be proved that liability would have attached in the absence of such clauses or warranties.
- 16.6 directly or indirectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, military or usurped power or confiscation of, nationalisation of, requisition or destruction of or damage to property by or under the order of any Government or Public or Local Authority,
- 16.7 directly or indirectly caused by, or contributed to, or arising from ionising radiations, or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, or the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
For the purposes of this General Exclusion only, combustion shall include any self-sustaining process of nuclear fission.
This General Exclusion will not apply to liability arising from the ownership, possession or use by or on behalf of the Insured, of radio-active isotopes.
- 16.8 for the applicable Excess in respect of the first amount of each claim or series of claims arising out of one originating cause.
- 16.9 which forms the subject of insurance by any other policy or policies and this Policy shall not be drawn into contribution with such other insurance.
- 16.10 for any claims arising out of any , formula (other than design or formula of a Product), specification or .
- 16.11 for claims arising out of or which may arise out of or in connection with electric and/or magnetic and/or electrical fields.
16.13 WAR AND TERRORISM EXCLUSION
Notwithstanding any provision to the contrary within this Policy or any endorsement thereto it is agreed that this Policy excludes loss, damage, cost or expenses of whatsoever nature directly or indirectly caused by, resulting from or in connection with any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss;
(1) war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or
(2) any act of terrorism,
For the purpose of this exclusion an act of terrorism means – an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization (or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear.
This General Exclusion also excludes loss, damage, cost or expense of whatsoever nature directly or indirectly caused by, resulting from or in connection with any action taken in controlling, preventing, suppressing or in any way relating to (1) and/or (2) above.
If the Underwriters allege that by reason of this exclusion, any loss, damage, cost or expense is not covered by this insurance the burden of proving the contrary shall be upon the Insured.
In the event of any portion of this exclusion is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
16.14 ASBESTOS EXCLUSION
This Policy shall not apply to liability directly or indirectly caused by or alleged to be caused by or contributed to in whole or in part by or arising from the existence of or exposure to asbestos and/or any asbestos containing materials. This exclusion also applies to any obligation to defend any claim or suit against the Insured alleging liability resulting from the existence of or exposure to asbestos and/or any asbestos containing materials and to Insurers' liabilities for any costs fees or expenses arising therefrom provided always that this entire exclusion shall not apply to liability which is specifically unrelated to the known or suspected harmful injurious or damaging effects of asbestos Products, fibres or dust.
16.15 SPECIFIC INSURANCES EXCLUSION
The Indemnity provided by this Policy of Insurance does not cover liability for claims arising out of dishonesty of the directors, principals or employees of the Insured or theft or fraud by any other person, nor does this Policy provide indemnity for any liability arising out of the activities of operations domiciled in the United States of America or Canada.