ML19093B458

Waiver of Defenses Endorsement (Extraordinary Nuclear Occurrence)

ML19093B458
Person / Time
Site:	Surry
Issue date:	12/15/1976
From:	Bardes C Nuclear Energy Liability Insurance Association, Royal Globe Insurance Co.
To:	Office of Nuclear Reactor Regulation, Virginia Electric & Power Co (VEPCO)
References
Download: ML19093B458 (2)

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e Nuclear Energy Liability Insurance-NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION

'@1~&! WAIVER ~F DEFENSES ENDORSEMENT ~1eg-(Extraordinary Nuclear Occurrence~ .

ulatory Docket File The named insured, acting for himself and every other .insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the con-struction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involved conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof, but in no event more than twenty years after the date of the nuclear incident.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2. The waivers set forth in paragraph 1. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; *

(b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or re-quired to be provided under any workmen's compensation*or occupational disease law; (c) any claim for punitive or exemplary damage~, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximuin amount otherwise re(coov:*:;b le under s u c / . ,. SSB NE-33a

,...,_*/*3:* The wa~ver~ ~et forth 6aragraph 1. abo~e shall be_eft9,i~e only wi!h resp~ct

,*" **. to bodily rnJury or pr~rty damage to which the policy applies under.its terms

.. --* _...... other than this endorsement; provided, however, that with respect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, In-suring Agreement IV, 11 Application of Policy 11 , shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the *nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than bienty years after. the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial pro-tection required of the named insured; (b) the agreement of indemnification between the named 'insured and the the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e. of the Atomic Energy Act of 1954, as amended.

Such waivers shall not preclude a defense based upon the failure of the claim-ant to take reasonable steps to mitigate damages.

4. Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of_financial protection.

5. As used herein:*

11 extraordinary nuclear occurrence 11 means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amend~d.

11 financial protection 11 and 11 nuclear incident 11 have the meanings given them in the Atomic Energy Act of 1954, as amended.

Effective Date of this Endorsement Issued to - Nuclear.!:!.:nergy }.c.Pl.L.1.GJ-.r.1.UJ,1<;;;;.Lt,,j .uw*~~~--- -

For th~ su cribing co panies Date of Issue December 15, JQ76 BY-.:::---1-Htc...v--=--::::--='-;t'---"'--=-----"r:-:-=---

Royal GIQb~ In~

For the Subscr1.

Endorsement No _ _ _ _ _4_3_ __ Countersigned bY-,..,.:'---"--'"--'---"-.c.=-=...,_..,P"-"~,,_,___ __

NE-33a (1/1/77)