Liability Exclusions Clause

Here are some Liability Exclusions Clauses commonly attached to the Comprehensive General Liability (CGL) Policy

 

PROPERTY OWNERS EXCLUDING TRADE RISK                                                                                         

This Policy does not cover liability in respect of Personal Injury or Property Damage arising out of or in connection with any Business, Profession, Trade or Manufacturing Operations other than as owner of Property the subject of this Indemnity) conducted by the Insured.                                                                                                                                                 

The Business: Owner of property situated at xxxxxxxxx

ROAD/FOOTPATH CONSTRUCTION

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly out of or caused by or in connection with road and/or roadside footpath construction carried on by the Insured or on the Insured’s behalf. 

CONSTRUCTION EXCLUSION

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly out of or caused by or in connection with the erection, demolition, alteration of and/or addition to buildings by the Insured  or on the Insured’s  behalf.

DEMOLITION                                                                                                                                               

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly out of or caused by or in connection with the demolition of buildings or structures exceeding ten metres in height.                                                                                                                                                   

TREE LOPPING                            

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly out of or caused by tree lopping, cutting or removal where the tree involved exceeds 3.5 metres in height.                     

REMOVAL/WEAKENING OF SUPPORTS                                                                                           

This Policy does not cover liability in respect of damage to any land or fixed property arising directly or indirectly from the removal or weakening of or interference with support to land, buildings or any other property.              

MOLESTATION EXCLUSION

This policy does not apply to Personal Injury arising out of or as a result of the molesting or interfering with any person by –                  

  • The Insured,                                      
  • Any of the Insured’s employees,
  • Any person acting on the Insured’s behalf.

We shall have no obligation to defend any action, suit or proceeding against the Insured either directly or vicariously seeking damages for such Personal Injury.

TREATMENT RISK                                                                                                                                      

This Policy does not cover liability in respect of Personal Injury arising directly or indirectly out of or caused by treatment prescribed or administered by the Insured or on the Insured’s behalf.                                                                                                                                               

EXCLUDED ACTIVITIES

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly out of, or caused by, or in connection with the following;

Activities ..XXXXXXXXXXXXXXXXXXXXXXXX

BRIDGES                                     

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly out of or caused by or in connection with bridges.                                                                                                       

ESCAPE OF FIRE                         

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly out of or caused by or through the escape of fire lit by the Insured or by any persons in contravention of the provisions of any Statute or of any By-Laws or Regulations imposed by any Public Authority.                                                    

BLASTING                                    

This Policy does not cover liability in respect of Personal Injury or Property Damage caused directly or indirectly by blasting or the storage, handling, transport or use of explosives.        

HAIRDRESSERS AND BEAUTY SALONS  

This Policy does not cover liability in respect of:                                            

  1. Personal Injury arising directly or indirectly out of or caused by treatment prescribed or administered by the Insured or the Insured’s employees or agents other than:
  1. haircutting by electrical or hand clippers, hairdressing and hair drying by blower type machines, shaving, shampooing and tinting or dyeing.
  2. eyebrow plucking and shaping, face or scalp massage, manicure, epilation and wax steam treatment.
  3. ear piercing but only when gold, goldplated, silver, platinum or surgical sleepers or studs are used.
  1. Personal Injury to any person arising directly or indirectly out of the contraction of AIDS or AIDS related diseases or the transmission of any communicable disease by the Insured or any of the Insured’s employees or agents.

HORSE RIDING                                                                                                                                           

This Policy does not cover liability in respect of Personal Injury to any person where such Personal Injury occurs whilst riding any horse owned by the Insured or in the Insured’s physical or legal control.                                                   

PROPERTY OF GUESTS                                                                                                                             

This Policy does not cover liability in respect of claims by any guests or lodgers for Property Damage to property brought to the Insured’s premises.                  

SERVICES AND FIXED PROPERTY EXCLUSION                                                                                         

This Policy does not cover liability in respect of damage to or as the result of damage to roads, sewers, water pipes, or gas pipes, electric wires or cables or their supports or to any land or fixed property whatsoever and/or the contents thereof.

PROPERTY DAMAGE TO SERVICES AND FIXED PROPERTY

This Policy does not cover liability in respect of Personal Injury or Property Damage arising from or contributed to by Property Damage to underground services (such as but not limited to water, gas, sewerage, fuel pipes, electric, telephone and fibre optic cables and their supports) or any property or structure for the purpose of storing, conveying, transporting, transmitting, delivering of electricity, water, gas, fuel, telecommunications media, signals, radio and other waves unless:

  1. Prior to the commencement of any work, the Insured had inquired with the relevant authorities or owners of such services, property or structures as to the exact location of such services, property or structures and take all precautions to avoid such services, property or structures; and
  1. Any indemnity provided by the proviso to this Exclusion shall be limited to the cost of repair, replacement or reinstatement of such damaged services, property or structures and shall not extend to any consequential loss resulting therefrom

VETERINARY SURGEONS                                                                                                                           

This Policy does not cover liability in respect of treatment of animals or birds.

PROPERTY DAMAGE DEDUCTIBLE                                                                                                 

Claims in relation to Property Damage are subject to a Deductible of xxxx                    

WELDING CONDITION

This Policy does not cover liability in respect of claims caused by or arising out of arc or flame cutting, flame heating, arc or gas welding or similar operation in which welding equipment is used, unless such activity is conducted in strict compliance with the Standard issued by the relevant regulatory authority of Indonesia (Peraturan Menteri Tenaga Kerja dan Transmigrasi R.I. No. Per.02/MEN/1982 tentang Kwalifikasi Juru Las)

WELDING EXCLUSION                                                                                                                     

This Policy does not cover liability in respect of claims arising out of arc or flame cutting, flame heating, arc or gas welding or similar operation in which welding equipment is used.                   

AERIAL SPRAYING                                                                                                                                     

This Policy does not cover liability in respect of or arising out of aerial spraying performed by the Insured or on the Insured’s behalf.          

PRODUCTS LIABILITY EXCLUSION                                                                                                             

This Policy does not cover liability in respect of or arising out of the Insured’s Products.                

CRANE OPERATORS                                                                                                                                  

  1. This Policy does not apply to claims in respect of Property Damage to:
    1. roads or underground services of any description;
    2. any land or fixed property arising directly or indirectly from the removal or weakening of or interference with support to land, buildings or other property.
  2. This Policy does not apply to liability in respect of Personal Injury or Property damage arising whilst any vehicle is, with the Insured’s knowledge or of any employee or agent of the Insured, lifting, lowering, carrying or suspending property in excess of the manufacturers specified carrying capacity.
  3. Exclusion 2.2 of this Policy shall be deemed to include property undergoing lifting, lowering, carrying or suspending operations.

PROPERTY OWNERS – ALTERATIONS/ADDITIONS EXCLUSION                                                                 

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly out of or caused by or in connection with the erection, demolition, alteration of and/or addition to buildings by or on the Insured’s behalf except such erection, demolition, alteration or addition not exceeding the sum of xxxxxxx.                                                                    

HAZARDOUS GOODS EXCLUSION                                                                                                              

This Policy does not cover liability in respect of claims arising directly or indirectly out of or caused by or in connection with the transportation, storage, loading or unloading of hazardous goods (which expression includes but is not limited to chemicals, explosives, gases and flammable liquids).                                                                         

PRESCRIPTION GOODS EXCLUSION                                                                                                          

This Policy does not cover liability in respect of claims arising directly or indirectly out of or in connection with the sale or supply of any prescription goods by the Insured or on the Insured’s behalf.

ADVERTISING MATTER EXCLUSION                                                                                                           

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly out of or caused by or in connection with the content of any advertising matter produced by the Insured or on the Insured’s behalf.                               

ROAD CONSTRUCTION EXCLUSION                                                                                                           

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly out of or caused by or in connection with road construction carried on by the Insured or on the Insured’s behalf.                 

PARTICIPATION EXCLUSION                                                                                                                      

This Policy does not cover liability in respect of Personal Injury or Property Damage of any person caused by or arising out of the participation of such person or his/her property in any game, match, race, practice or trial.                                                    

PARTICIPANTS EXCLUSION        

This Policy does not cover liability in respect of Personal injury or Property Damage arising out of the participation in any sport, game, or amusement involving bodily contact with persons, machines or devices.                       

The term “Sport, game, or amusement” includes but is not limited to sumo wrestling, bar flying, arm wrestling and mud wrestling.                                                                                                   

“Machines or devices” means machines or devices designed to challenge the user to contests of strength and/or other physical skills.                                                                                                                                             

LEAD EXCLUSION

This Policy does not cover any liability for Personal Injury or Property Damage or any other loss, cost or expense arising directly or indirectly from or caused by, contributed to by or arising from the presence, ingestion, inhalation or absorption of or exposure to lead in any form or products containing lead.

POLLUTION EXCLUSION 72 HOUR CLAUSE

This Policy does not cover liability in respect of:

  1. Personal Injury or Property Damage caused by or arising out of the discharge, dispersal, release or escape of pollutants into or upon land, the atmosphere, or any water course or body of water. Provided this exclusion 1 does not apply if such discharge, dispersal, release or escape is sudden, identifiable, unexpected and unintended and takes place in its entirety at a specific time and place and was first evident to the Insured within 72 hours of such commencement.
  1. Any costs and expenses incurred in the prevention, removing, nullifying or clean-up of such contamination or pollution. Provided this exclusion 2 does not apply to clean-up, removal or nullifying expenses only, which are consequent upon a sudden, identifiable, unexpected, unintended happening taking place in its entirety at a specific time and place which results in Personal Injury or Property Damage which ensues within 72 hours of such happening.
  1. The actual, alleged or threatened discharge, dispersal, release, seepage, migration or escape of pollutants caused by any product that has been discarded, dumped, abandoned or thrown away by others.
  1. The actual alleged or threatened discharge, dispersal, release, seepage, migration or escape of pollutants in the United States of America or Canada or in any country to which the laws of the United States of America or Canada apply.

Our liability under clauses 1 and 2 above in respect of any one discharge, dispersal, release, seepage, migration or escape and for all discharges, dispersals, releases, and escape of pollutants during any one Period of Insurance will not exceed the Limit of Liability.

CLINICAL TRIAL EXCLUSION

This Policy does not cover liability in respect of Personal Injury or Property Damage directly or indirectly caused by, contributed to by or arising out of any clinical trial activities performed by the Insured or on the Insured’s behalf.

ELECTROMAGNETIC FIELD EXCLUSION

This Policy does not cover liability in respect of Personal Injury or Property Damage arising directly or indirectly from or caused by or contributed to by exposure to and/or the presence of any electromagnetic field (EMF) or any electromagnetic radiation (EMR) or any derivation or variation thereof.

 

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