ML19095A121
| ML19095A121 | |
| 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 |
| References | |
| Download: ML19095A121 (2) | |
Text
Nuclear Energy Liability Insurance NUCLI-.ENERGY LIABILITY INSURANCE AaCIATION WAIVER ~F DEFENSES ENDORSEMENT (Extrao,rd1 nary Nuclear Occurrence~
lR!eg*-ulatory
-Docket File
~--
The named insured, acting for himself and every other insured under the _polici, and the
~.--~
./members of Nuclear Energy Liability Insurance ~-----*-----------
Association agree.as-*follows:
. _---_c.--1.-c::With *respect to any extraordinary nuclear occurrence to which the pol icy
applies as proof of financial protection and which ~*
(a} arises out of or res~lts 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 ..£!;* \'. -~~
C'? >
. * ,,,,~< .,
'\ ,,.
I I I /~ ('I_J ',
. :' .)' \-' .
(1) any issue or defense as to the conduct of the claimant oro1th_e* "--<'"/;*t*;lr~* ":'?)\
fault of the insureds, including but not limited to: . bf~/:::/- I
- /1\.
- '[i
.::J
- 1..,_ .~
..rn;Ji\ :::-:*,
., I
..t...._..)*.:.;--::-,~1,~,~
~ !
1 I, I:. ~
~.* i!.,.b \--
. /""""'
- l.,i\lr,, _,,*c*1 - ...: *.Q_
( 1.) negl ,* a "'nee f,:1tq "-'*-~,nJ -,,, i Q I t ;-,,,., *
(ii) contributo;y negligence, r~*,u.:5:zfrtr;:~~~:..;;~~; ,--.::
(iii) assumption of ~isk, an~ . ~,i~ - :t/U\f2:~f~ *"*' *s/
(iv) unforeseeable ,~tervening causes, whether involved tn~_;\~£(f~ '
conduct of a third person, or an act of God, (2) any issue ~r defense as to charitable or governmental irrrrnunity, and
-~
. '\,~~i)~;:i'T;-*,c:./
~-~,, 11°".J' *.~./
(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 damages, 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 maximum amount otherwise re(c o:::;b 1e ] c h hw. ~ ,- GSS NE-33a 0
- .~ .. ,., ,, The waivers . set f art h ,n . paragraph 1. above shall be effective*\ only with respect
~:' to bodily injury or prA-ty damage to \'lhich the policy6lies under its terms
. '-.other than this endorsiWnt; provided, however, that wi~espect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, In-s*uring Agreement IV, 11 Appl ication of Pol ici', 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 tvienty years after the date of
. __ .----the:extraordinary nuclear occurrence. *
.------/-*
--_=.7=---*su~.h waivers shall not apply to, or prejudice the prosecution or defense of any
-clajm or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to~he financial-pro-tection required of the named insured; -
(b) the agreement of indemnification between the named 'insured arid 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 Ener.9y Act of 1954, as amended, the waivers set forth in paragraph l. *above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodi-ly injury or property damage to which the policy applies as proof of financial protection.
- 5. As used herein:. __ : ....
i*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 Ene~gy Act of 1954, as amend~d.
"financial protection 11 and 11 nuclear incident" have the meanings given them in
- the Atomic Energy Act of 1954, as amended.
"cl a imant 11 means the person or organi za ti on actually sustaining -the bodily injury or property damage and also includes his assignees, legal represent-atives and other persons o~:Jr,_q~~f-ta~i ons:*~ eri.~! ~1 ~-~_:to~ br-fo? ::cl,n~_g.J~t t~_n.1.~qrori"ginar .
damages on account of suct)E-,n3ury .. or damage. '*. - '- .. _::;, :*.:*:_: ,-: ,-,-,-, ***1* r,*s"1 ' , . , .
0 d -
o:f tl;3 lftLJlcar Lne:~-:.*--.- r,~i .. .-- ~* 1-; -:--~-
1 *' >d 1 . ~ '.~" - ____ ,_ -*- c..,
~:::-: -~~-:~;**:,~:L.
~ V-"..Cv,J '~*
L~.~~-:. ~;.;l;~e Ga-- e part c.C.l:.Ll c.Y ~; 01*m) as des-gnace ...1ereo::i. l;o , ,,,-,,-,.. ,,--,,., "*
.... __ l,..n .... J.. ""':. ......... -....
l"'
t,J "l*'-o*~ct-*d
..:.. ..l. .l. t:,. h 01,ew1 d.er.
Effective Date of this Endorsement January 1, 1977 ,~~
12:01 A.M. Standard Time . "_ - " "":'". -... i-'r,,,,-, .,.,..,T--J,; ~1.Jj_~ i_.:.J r.~c.:~:**;:riting NF- 186 Issued to Virginia Electric & PowerCe'-om'i+/-any*
.wc ..c~L...,, *;C:-~-:...,~-- --- .- ,..,,_.,.,":J.'@ Assaa *.
NuclearEnorgy l:.l0.1..L.1.~.7 I.1.upo~ ~; ~L.-JC!Ltx-"
For th!:l su cribing co panies Date of Issue ___.n.=e'-L-c-"'e.w.mbl..LJe~r.__.J.......54-,__._J9.;1...,7._.,6,_
Endorsement No _ _ __.,..._4_3_ __
NE-33a (l/1/77)