| Since 9/11 the insurance world has been turned upside down, with all insurers reviewing and changing policy provisions relating to war and acts of terrorism. Since November 1, 2002, all new policies issued contain a "Nuclear, Chemical, Biological Terrorism Exclusion" and "Limited War Exclusion Clause". "NUCLEAR, CHEMICAL, BIOLOGICAL TERRORISM EXCLUSION"
Notwithstanding any provision to the contrary within this insurance or any endorsement thereto it is agreed that this insurance excludes any losses, directly or indirectly arising out of, contributed to or caused by, or resulting from or in connection with any act of nuclear, chemical,
biological terrorism (as defined below) regardless of any other cause or event contributing concurrently or in any other sequence to the loss.
For the purpose of this endorsement:
"Nuclear, chemical, biological terrorism" shall mean the use of any nuclear weapon or device or the emission, discharge, dispersal, release or escape of any solid, liquid or gaseous Chemical agent and/or Biological agent during the period of this insurance by any person or group(s) of persons, whether
acting along or on behalf of or in connection with any organization(s) or government(s), committed for political, religious or ideological purposes or reasons including the intention to influence any government and/or to put the public, or any section of the public, in fear.
"Chemical" agent shall mean any compound which, when suitably disseminated, produces incapacitating, damaging or lethal effects on people, animals, plants or material property.
"Biological" agent shall mean
any pathogenic (disease producing) micro-organism(s) and/or biologically produced toxin(s) (including genetically modified organisms and chemically synthesized toxins) which cause illness and/or death in humans, animals or plants.
If the Underwriters allege that by reason of this exclusion any loss is not covered by this insurance the burden of proving the contrary shall be upon the Insured. LIMITED WAR EXCLUSION CLAUSE (Personal Accident or Illness Insurances)
Notwithstanding anything to the contrary contained herein, this Insurance does not cover loss consequent on: - war, whether declared or not, between any of the following countries, namely, China, France, the United Kingdom, the Russian Federation and the United States of America, or
- war in Europe, whether declared or not, other than:
i) civil war, ii) any enforcement action by or on behalf of the United Nations,
in which any of the countries stated in (a) above or any armed forces thereof are engaged. In summary: The Odyssey policy still provides "war risk" protection other than as excluded above. This means that innocent victims who are not "active participants" will still have protection under the coverage purchased. |