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A-10 Public law duties or claims for the remediation of environmental damage under the, Liability Basis

From Watercraft Liability Insurance, Basis, AVB WSH Basis (1-2025nam). German law applies to the contract and the German wording alone is binding. This English text is a courtesy so that you can read what you are buying. It is not a contract document. Where the English and the German text differ, the German text decides: read this clause in German.

German Environmental Damage Act (USchadG) A-10.1 Co-insured are public law duties or claims for the remediation of environmental damage under the German Environmental Damage Act (USchadG), so far as, while the insurance contract was in force, the emissions causing the damage entered the environment suddenly, accidentally and contrary to their intended purpose, or the other causation of damage occurred suddenly, accidentally and contrary to intended purpose.

A-10.2 Even without such causation of damage, cover exists for environmental damage through the storage, use or other handling of or with third party products only where the environmental damage is attributable to a design, production or instruction defect in those products. There is, however, no cover where the defect could not have been recognised at the time the products were placed on the market according to the state of science and technology (development risk).

A-10.3 Environmental damage is harm to protected species and natural habitats, and/or harm to waters including groundwater, and/or harm to the soil.

A-10.4 Not insured, Liability Basis

1 are duties or claims so far as they are directed against persons (you or a co-insured) who caused the damage by knowingly departing from laws, ordinances or official orders or directions addressed to you which serve the protection of the environment; 2 are duties or claims for damage arising from unavoidable, necessary or accepted effects on the environment; emanating from commercial waste water from underground waste water installations; for which you have, or could have obtained, cover under another insurance contract (for example water damage liability insurance). l arising from unavoidable, necessary or accepted effects on the environment; l emanating from commercial waste water from underground waste water installations; l for which you have, or could have obtained, cover under another insurance contract (for example water damage liability insurance).

A-10.5 The sum insured is a flat 3,000,000 EUR per insured event. This sum insured is also the insurer's maximum indemnity for all insured events of an insurance year.

A-10.6 Insured abroad, within the scope of this insurance contract, are insured events occurring within the scope of application of the EU Environmental Liability Directive (2004/35/EC). Cover also exists for duties or claims under the national implementing legislation of other EU member states, provided those duties or claims do not exceed the scope of the directive named above.

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