Document 8R2kOBpZDVX4DBGgZG9VOa2Xe

Fred Daniel and Sons INSURANCE | ESTABLISHED 1020) 320 SOUTH BOSTON TULSA. OKLAHOMA 74103 November 4, 1981 Mr. Kenneth Campbell Montello, Inc. 6106 E. 32nd PI. Tulsa, Oklahoma 74135 Re: Product Liability for UNIVIS/SUPER VISBESTOS Dear Kenneth: This confirms our discussion and my investigation as respects the above product manufactured by Union Carbide Co. and distributed by Montello, Inc. Your present insurance carrier, Home Insurance Company, has declined to modify exclusion (f) in your policy. See attached photo of this exclusion. Mr. Glenn Hogg, local Claims Manager for Home Insurance Company, advised me that they would use the exclusion to avoid their paying any claim presented to them arising from your distribution of UNIVIS/SUPER VISBESTOS. He further stated that according to his information any companies handling any type of. asbestos product are attempting to get "Hold Harmless" clauses from the manufacturer or quit handling the product. The next part of my investigation was to submit the entire question to United States Fidelity and Guaranty Company for review. They refused to modify the exclusion in any respect. In summary, the Home Insurance Company, United States Fidelity and Guaranty Company and your umbrella liability carrier have declined to modify the exclusion in your insurance contracts. GF:cw Glenn Frisby GENERAL LIABILITY COVERAGE E-COMPREHENSIVE GENERAL LIABILITY- BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES I. The company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies, caused by an occurrence, and the company shall have the right and duty to defend any suit against the Insured seeking damages on account of such bodily injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settle ments. ing activity or in practice or preparation for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use there with; (d) . to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to any Insured; (e) to bodily injury or property damage arising out of the ownership, maintenance, operation, -use, loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any Insured, or (2) any other watercraft operated by any per son in the course of his employment by any Insured; but this exclusion does not apply to watercraft while ashore on premises owned by, rented to or con trolled by the Named Insured; Exclusions This insurance does not apply: (a) to liability assumed by the Insured under any contract or agreement except an incidental con tract; but this exclusion does not apply to a war ranty of fitness or quality of the Named Insured's products or a warranty that work performed by or on behalf of the Named Insured will be done in a workmanlike manner; (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or oper ated by or rented or loaned to any Insured, or (2) any other automobile or aircraft operated by any person in the course of his employment by any Insured; but this exclusion does not apply to the parking of an automobile on premises owned by, rented to or controlled by the Named Insured or the ways im mediately adjoining, if such automobile is not owned by or rented or loaned to any Insured; (c) to bodily injury or property damage arising out of (1) the ownership, maintenance, operation, use, loading or unloading of any mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stunt H32264F ^therliTftants^ontamTh^nts or. pollutants into (fr \p5H^aS^6ie^t mosphere or any water courseipr icJdy o7 waterTfcutTfus `exclusion does "not appTyv 4hiu-ch`arsdharge.Uis--persa.i--rrelea- s-e- o-r escapeT-s i5*a- (g) to bodily injury or property damage due to war, whether or not declared, civil war, insurrection, re bellion or revolution or to any act or condition in cident to any of the foregoing, with respect to (1) liability assumed by the Insured under an incidental contract, or (2) expenses for first aid under the Supple mentary Payments provision; (h) to bodily injury or property damage for which the Insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufacturing, distributing, selling or serving alcoholic beverages, or (2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed (i) by, or because of the violation of, any statute, ordinance or regulation pertaining Page 13 seeceses&iMMr'