BLACK LUNG, PNEUMOCONIOSIS AND RESPIRATORY SYSTEM INJURY OR RELATED DAMAGE EXCLUSION.

This insurance does not apply to:

1. “Bodily injury”, “personal injury” or “advertising injury” arising out of, resulting from, caused or contributed to by:
2. Black Lung Disease
3. Pneumoconiosis; or
4. Any other disease or pathology of the respiratory system, when such disease or pathology arises out of, results from or is caused or contributed to by coal, coal dust or other minerals transported with coal.

2. The costs of abatement, mitigation, removal or disposal of coal, coal dust, or other minerals transported with coal from any premises or equipment handling such item, as a result of any known or suspected connection between such items and paragraphs 1.a, 1.b. or 1.c. above

3. Any costs related to a person’s abatement, mitigation or removal of, or testing, medical monitoring, medical costs or cure related to paragraphs 1.a, 1.b. or 1.c above

This exclusion also includes:

1. Any supervision, instructions, recommendations, warnings, or advice given or which should have been given in connection with the above; and
2. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage.

DEFINITIONS :

For the purpose of this exclusion, the definition:

5.2 “Personal Injury”, is amended to be read:

5.2.1       bodily injury (which expression includes death and illness), disability, shock, fright, mental anguish or mental injury,

5.2.2       false arrest, wrongful detention, false imprisonment or malicious prosecution

5.2.3       wrongful entry or eviction or other invasion of the right of privacy,

5.2.4       a publication or utterance of a libel or slander or other defamatory or disparaging material

5.2.5       assault and battery not committed by or at direction of the Insured unless committed for the purpose of preventing or eliminating danger to person or property.