PUPFL100 (11/09)
Page 6 of 11
American Alternative Insurance Corporation
vi. committed by a covered person whose business is:
a. Advertising, broadcasting, publishing or telecasting;
b. Designing or determining content of web-sites for others; or
c. An Internet search, access, content or service provider; or
vii. arising out of an electronic chatroom or bulletin board a covered person hosts, owns, or over which a
covered person exercises control.
b. Vicarious parental liability, whether or not statutorily imposed, for the actions of a child or minor.
c. Loss that results because you or any covered person is engaged in the business of manufacturing,
distribution, selling or serving alcoholic beverages if liability is imposed by reason of:
i. Causing or contributing to the intoxication of any person;
ii. The furnishing of alcoholic beverages to a person under the legal drinking age or under the
influence of alcohol; or
iii. Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.
d. Loss by reason of the assumption of liability in any contract or agreement. This exclusion does not apply
to liability for damages, which would have been covered in the absence of the contract or agreement.
e. Loss arising out of, resulting from, caused by or contributed to by any animal.
f. Loss arising out of, resulting from, caused by or contributed to by trampolines or swimming pools.
g. Any loss resulting from any of the following, even if other events or happenings contributed concurrently,
or in sequence, to the loss:
Earth movement, due to natural or man-made events, meaning earthquake including land shock waves, or
tremors, before, during or after a volcanic eruption; mine subsidence; landslide; mud-slide; mud flow; earth
sinking; rising or shifting.
3. WE DO NOT PROVIDE COVERAGE EXCEPT UNDER EXPLICITLY STATED CONDITIONS FOR:
a.
Loss or resulting damage either expected or intended by the covered person. This exclusion does not
apply to bodily injury resulting from the use of reasonable force to protect persons or property.
b. Loss arising out of any covered person’s act, error or omission as a member of an organization’s board of
directors or as an officer of an organization. This exclusion does not apply if you are an individual and the
organization:
i. Was formed as a not-for-profit organization;
ii. Does not involve the business of any covered person; and
iii. Such covered person serves without remuneration.
c. Loss arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or
escape of pollutants or any loss, cost or expense arising out of any:
i. Request, demand or order that any covered person or others test for, monitor, clean up, remove, contain,
treat, detoxify or neutralize, or in any way respond to or assess the effects of pollutants; or
ii. Claim or suit by or on behalf of a governmental authority or others for damages because of testing
for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way
responding to or assessing the effects of pollutants.
Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor,
soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or
reclaimed.
This exclusion does not apply to loss arising out of heat, smoke, or fumes from a hostile fire if such loss is
covered by your primary insurance. Hostile fire means one which becomes uncontrollable or breaks out
from where it was intended to be.
d. Loss arising out of the use, sale, manufacture, delivery, transfer or possession of a controlled
substance(s) as defined by the Federal Food and Drug Law at 21 U.S.C.A. sections 811 and 812. Controlled
substances include, but are not limited to, cocaine, LSD, marijuana and all narcotic drugs. However, this
exclusion does not apply to the legitimate use of prescription drugs by a person following the orders of a
licensed physician.