ML20043E216
| ML20043E216 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 06/05/1990 |
| From: | Lackner S MARSH & MCLENNAN, INC., UNION ELECTRIC CO. |
| To: | Dinitz I NRC |
| References | |
| NUDOCS 9006120173 | |
| Download: ML20043E216 (93) | |
Text
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Marsh &
Mstennan:
y Marsh & McLennan Nuclear 222 South Riverside I'laza Chicago, Illinois 60606 Telephone 312 6484400 June 5, 1990-Mr. Ira Dinitz
-Insurance & Indemnity Policy Analyst U. S.. Nuclear Regulatory Commission Mail-Stop 12E4 Washington, D.C. 20555 RE:
-UNION ELECTRIC COMPANY
. NUCLEAR-LIABILITY INSURANCE
Dear Mr. Dinitz:
On behalf of the captioned clien',- enclosed are two certified copies of.each of the following. insurance policy documents:
Policy No.
Endorsement No.
NF-264 42-48 MF-111 28-34 N-95 11-12
- 3 M-95 11-12.
Please contact me if you have any questions.
- Regards, Steven M. Lackner Nuclear Consultant SML:ge enc.
4 cc: Mr. K. Mollett - Union Electric Company Mr. M. Buhr - M&M St. Louis (lI l
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l 99006120173 900605
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Nuclear Energy Uability insurance NUCLEAR ENERGY UABluTY INSURANCE ASSOCIATION 1
WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
Effective August 20, 1988, 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-1 of. the construction, 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 or the fault of-the insureds, including but not limited to:
(i) negligence, (ii) contributory negligence, (iii) assumption-of risk, and (iv) unforeseeable intervening causes,.
whether-involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (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.
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 slement in the cause of action.
2.
The waivers set forth in paragraph 1.
above do not apply to l
NE-33b Page 1 of 3
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z(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-i the claimant;'
1
'(b) bodily injury sustained byfany claimant who is employed ~
at the site of and in, connection with the activity where the. extraordinary - nuclear. occurrence. takes place i
if benefits therefor'are either payable or requiredcto be provided under -any workmen's compensation-or-occupational-dinaasellaw; i
.i (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 1
nature, this' exclusion does not. apply to the _ extent
'that the claimant has sustained actual _ damages, l
measured by the pecuniary injuries resulting'from such t
death but not - to - exceed the maximum amount otherwise recoverable under law.
3.
.The waivers set 'forth-in paragraph
- 1.. above shall be effective only with respect to bodily injury or property; damage to which ' the policy. applies under its terms other than this endorsement; bodily injury _ or.provided, ' however, that with respect' to a
property damage resulting from an 1
extraordinary-nuclear occurrence,. Insuring Agreement - ~ IV,
'" Application of Policy"g. shall nots 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 twenty 20 the date of the extraordinary nuclear.occurr(enc)e. years after Such waivers shall not -apply _ to, or prejudice the
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prosecution or defense. of any' claim - or portion of claim which is not within the protection afforded under 1
(a) the provisions of the -policy applicable to the financial protection required of the named insured;
.l (b) the agreement of indemnification between the named insured and 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 claimant 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
.NE-33b Page 2 of 3
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of ' bodily ! injury or-' property damage 'to which the ' policy-3 i
Lapplies;as' proof of. financial protection.
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As used herein:
..a
" extraordinary nuclear occurrence" means an. event which the Nuclear Regulatory Commission has determined to be an=
~ extraordinary - nuclear occurrence as ' defined 'in the Atomic s
Energy Act ofc1954, as amended.
" Financial protection" and
" nuclear incident".have.the i
meanings given them in the Atomic ~ Energy Act of-19 54, as amended.
W
. claimant" means the person or organization actually sustaining the bodily injury or property damage ~ ' and also
. includes his' assignees, legal _ representatives and other persons - or organizations entitled. to. bring an action for l
damages on account of such injury or damage.'.
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Effective Date of this Endorsement August 20,,1988 E
To form a part of Policy No. NF-264 12:01 A.M.
senseed time f
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Issued to Union Electric Company II Date of issue February 16, 1990 i
For the cribing panies T.
o-By A
\\Pfesident Endorse:nent No.
42 Countersigned by NE-33b Page 3 of 3 w
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Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the i
application of paragraph 2(b) of the WAIVER OF DEFENSES j
ENDORSEMENT NE-33b with respect to an extraordinary nuclear occurrence occurring at the
- facility, a
claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where
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the extraordinary nuclear occurrence takes place if:
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(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and t
(2) no operating license - has eeen issued by the Nuclear Regulatory Commission with respect to the nuclear reactor, and L
(3) the claimant is not employed in connection with the possession,
- storage, use or transfer. of nuclear material at the facility.
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NF-264 12:01 A. M. starieerd time Issued to U'. ion Electric Company Date of Issue February 16. 1990 For the '
ribing
- panies, 3y I AM
\\fpresident Endorsement No.
43 Countersigned by
.NE 39b i
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I 4-0 I,
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION
' Restriction of Companies Oblication to Defend.
Investiaata. Necotiate or Settle Any Claim or Suit (Section 170 0.
of the Atomic Energy Act of 1954, as amended)
Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 0.
of the Atomic Energy Act of 1954',
as
- amended, an appropriate U.S.
District Court. determines that x
liability from a single nuclear incident may exceed the limit of.
liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of
- 1954, as
- amended, the companies obligations under Insuring Agreement I,
to defend, investigate, negotiate or settle any l
claim or suit under the policy do not include any obligation'that l
would necessitate or result in the companies incurring legal
- costs, including costs of initiating, prosecuting, investigating,-settling, or defending claims or suits, which are not authorized for payment by a court pursuant to such subsection-i.
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ks-::ryy Lb%y policy pga;y pottn) DS des-m mn v in t. m cc w a M hem e der.
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mm Effective Date of this Endorsement August 20, 1988 To form a part of Policy No. NF-264 12:01 A.M. Standard time Issued-to _
Union Electric Company Date of issue February 16. 1990 For the Su ibing Co anies l-l 1..
By r==m -.
Endor;ement No.
44 Counterrigned by NE-70
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1 Nuclear Energy Wability insurance NUCLEAR ENERGY UA8luTY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
The-named insured, acting for himself and.every other l'nsured l
under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:
-2 i
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 orloccurs in the course of the construction 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.
I the insureds and the companies agree to waive 1
(1) any. issue. or defense as to the conduct of the k
claimant or the fault of the insurada, including but not limited to j
(i) negligence, (ii) contributory negligence.
i (iii) assumption of risk and (iv) unforeseeable intervening causes.
whether involving the conduct of a third person, or an act of God.
(2) any issue or defense as to charitable or governmental immunity, and (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.
The waiver of any such issue or defense shall be effective regardless of whether such issue or defense way 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, property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant:
- NE-33c-(1/1/90)
Page 1 of 3
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(b).
bodily injury sustained by any claimant who is i
employed at the site of and in connection. with' the activity where the i
extraordinary nuclear occurrence
.p takes place if benefits therefor are either payable i
or required to be provided under any workmen's compensation or occupational disease laws (c) any claim for punitive or exemplary
- damages, i
- provided, with respect to any claim for wrongful death under any State law whlch 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 recoverable under law.
3.
The waivers set forth in paragraph 1.
above shall be
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effective cnly with respect to bodily injury, property
'i damage or ervironmental damage to which the policy applies under its t.o rms other than this endorsementa
- however, that with respect to bodily. injury, provided, damage or environmental damage.resulting-from an property extraordinary nuclear occurrence.- the provisions of 1
COVFJLACEE A and C of the policy providing coverage for bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) after the and years of the policy period. shall not operate to bar coverage for bodily
- injury, property. damage or environmental damage-(a) which is caused policy period by the nuclear energy. hazard andduring the (b) which 14 discovered and for which written claim is made against the insured not later than twenty (20 yea after the date of the extraordinary nuclear occurr)ence. rs:
Such waivers shall not apply tt or prejudice the 1
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
'1 financial protection required of the named insurad j
(b) the agreement of indemnification between the named
'l insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act 1954, as amended: and of i
(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 claimant to take reasonable steps to mitigate damages.
NE-33c(1/1/90)
Page '2 of 3
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4 Subject to all' of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as i
amended, the waivers set forth in paragraph 1. above shall i
judicially enforceable in accordance with their terms be against any insured in an action to recover damages because of bodily injury property damage or environmental j
damage to which the policy applies as proof of financial protection.
5.
As used herein:
" extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an f
extraordi. nary nuclear occurrence as. defined in the Atomic Energy Act of 1954, as amended.
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" Financial protection" and " nuclear incident" have the
.I meanings given them in the Atomic Energy Act of 1954, as amended.
" claimant" means the person or organization actually sustaining the bodily injury.. property damage or environmental damage and also-includes his assignees.
legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
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Effective Date of this Endorsement January 1, 1990 To form a part of Policy No. NF-264 I
12:01 A. M. standard time Issued to Union Electric Company Date of Issue February 16, 1990 For the S ribing c panies, By
-.n
-.A-p m ant
'~
Endorsement No.
45 Countersigned by
.NE-33c..(1/1/90)
Page 3 of 3
4 Nuclear Energy Liability Insurance i
NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of. paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33c with respect to an extraordinary nuclear occurrence occurring at the
- facility, a
claimant who is employed at the f acility. in connection with the construction of a nuclear reactor with-respect to which no operating license has been issued by the Nuclear Regulatory Commission shall not be considered as employed -in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor. including all related equipment and installations-at the facility, and (2) no operating license has been issued by the Nuclear Regulatory Commission with respect. to the nuclear reactor, and (3) the claimant is not employed in connection with the i
possession,
- storage, use or transfer of nuclear material at the facility.
1 Tid i; to caiiG !h 4 !his u a free copy of the original En r <;
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- h Effective Date of-this Endorsement January 1 1990 To form a part of Policy No.
NF-264-12:01 A. M. Standard time
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4 Issued to Union Electric Company Date of Issue February 16, 1990 For the Sub ibing Co anies, By (rjeW Endorsement No.
46 Countersigned by NE-39c (1/1/90) f
_7_._
Nucirr En:rgy Liability in:urance i
NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDATORY ENDORSENENT (Facility Form)
It is agreed that 1.
INSURING AGREEMENT I is replaced by the following:
I COVERAGE A - LIABILITY
'To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or.as covered environmental cleanup costs because of environtantal damage.
This coverage applies only to bodily injury.
property damage or environmental damage caused during the t
policy period by the nuclear energy hazard, and which is discovered and for which written claim is.made against the insured, not later than ten (10) years after the and of the policy period.
The companies shall have the right and duty to defend any
)
claim or. suit against the insured alleging such injury or damage, and seeking damages or. costs which are payable j
under the terms of this policy: but the companies may make such investigation, negotiation and settlement of. the claim or suit as they deem expedient.
The companies' duty to defend shall be
- limited, as described in INSURING AGREENENT IV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:
(1) damages for on-site property damage:
(2) recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costst 4
-(3) performance of an insured's environmental protection obligations or on-site cleanup obligationst or (4) any other relief or recovery except payment of covered damages or covered environmental cleanup-Costs.
The companies' duty to defend claims or suits ends when the limit' of their liability has been exhausted pursuant to CONDITION 3.
Subject to INSURING AGREEMENT IV, with respect to any claim or suitthe companies shall pay, they defend, the costs incurred in the defense, including (1) costs taxed against the insured in any such suit and interest on any judgment therein:
(2) premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds:
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(3) reasonable expenses.
other than loss of - earnings.
L incurred by the insured at the companias' request.
COVERACE B - DAMAGE To PROPERTY OF AN INSURED ANAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay - to such insured those suas which such insured _would have - been legally obligated to pay as covered damages therefor. had-such property belonged to another.
COVERACE C - SUBR00ATION - 0FF8ITE EMPLOYEES With respect to bodily injury caused during the - policy period by the nuclear energy hazard to any employee of'an insured, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:
All suas which such carrier would have been entitled' to recover and retain as damages from another person.or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law.
An employer who. is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.
This coverage does not apply to bodily injury to any person who is employed at and in connection with the facilityt nor shall it constitute workmen's compensation insurance as required under the laws of any state.
2.
INSURING AGREEMENT II is replaced by the following:
II DEFINITION OF INSURED The unqualified word " insured" includes (a) the named insured and (b) any other person or-organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.
Subdivision (b) above does not include as an insured the United States of America or any of its agencies, except the Tennessee Valley Authority.
Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought.
2 O
4 -.
l INSURING AGREEMENT III'is replaced by the following:
3.
III DEFINITIONS i
Wherever used in this policy:
" bodily injury".means bodily injury, sickness or disease, including death resulting therefrom, sustained by any person.
" covered damages" means damages because of bodily injury or property damage to. which this policy appliest but covered damages do not include environmental cleanup costs or on-site cleanup costs.
" covered environmental -1sanup costs" means only those environmental cleanup costs which are incurred directly for monitoring, testing for, cleaning up, neutralizing or containing environmental damage as the result of an extraordinary nuclear occurrence or a transportation incidents but covered environmental cleanup costs do not include on-site cleanup costs.
" disposal site" means 'any structure, basin, excavation, promises or place 3,repared as a dump or site for the disposal of waste materials of a general nature, but which also be used for the disposal of waste materials may containing small amounts of nuclear material.
" environment" includes
- land, the atmosphere, and all watercourses, bodies of water and natural resources, whether on, above or below the surface of the ground.
"and ronmental cleanup costs" i n c l u d e~. a l l loss, cost or expwnee arising out of any governmental decree, order.or directive (other than an award of covered ' damages in an action at law) requiring or requesting a person or organization to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination of the environment, whether the contamination is on, above or below the surface of the bround.
" environmental damage" means contamination of the environ-ment by nuclear material.
" environmental protection obligations" include all obligations of any person or organization (1) relating to the protection of the environment from contamination or imminent danger of contamination, and (2) imposed by any governmental
- laws, regulations or ordinances.
" extraordinary nuclet.r occurrence" means an event which the United States Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as l
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defined in the Atomic Energy Act of 1954 or in any' law amendatory thereof.
" governmental" refers to
- federal, state and local
' I governments and authorities, including courts, agencies and political subdivisions thereof.
" indemnified nuclear facility" means (1)
"the facility" as defined. in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Lia'oility Insurance Association or Mutual Atomic Energy Liability Underwriters, or (2) any other nuclear facility, if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat..
" insured shipment" means a shipment of source material, i
special nuclear. material, spent fuel. waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called " material."
(1) to the facility from any location except an indemnified nuclear "acility, but only if the transportation of the material is not by predeter-
.mination to be interrupted by removal of the material from a transporting ~ conveyance for any L
purpose other than the continuation of its transpor-tation or (2) from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.
" nuclear energy hazard" means the radioactive,
- toxic, t
explosive or other hazardous properties of nuclear material, but only if (1) the nuclear material is at the facility or has been discharged or dispersed therefrom without intent to relin:tuish possession or custody thereof to any other person or organization, or (2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of
- America, its territories or possessions, or Puerto Ricos or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within 4
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.s the territorial limits described in (a) above and there is no deviation in the course of the-transportation for the purpose of going to any other country, state or nation. except for the purpose of going to or returning from a as the result of an emergency. port or place of refuge
" nuclear facility" means "tha facility" as defined:in any i
Nuclear Energy Liability Policy '(Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual' Atomic Energy Liability Underwriters.
The term " nuclear facility" also means (1) any nuclear reactor.
l (2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium.-
(b) processing or utilizing spent fuel, or
)
(c) handling, processing or packaging waste.
(3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material.in the custody of the insured-at the premises where such equipment or device is located consiste of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235 (4) any structure, basin. excavation, premises or place prepared or used for the storage or disposal of-
.uaste, and includes the site on which any of,the foregoing is located, all operations conducted on such site and all premises used for such operations.
" nuclear material" means source material, special nuclear material or byproduct material.
" nuclear reactor" means-any apparatus designed or used to-L sustain nuclear fission or a self-sustaining chain
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reaction or to contain a critical mass of fissionable material.
"on-site cleanup costs" include all loss, cost or expense arising out of on-site cleanup obligations.
"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise, to undertake or pay for monitoring. testing for, cleaning up, neutralizing or containing contamination by nuclear material at the facility. whether the material-is on, above or below the surface of the ground.
"on-site property damage" includes all property damage to any property at the facility, whether the property is on, above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use.
5
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provided such aircraft, watercraft or vehicles are not used in connection with the operation of the facility.
" property damage" means physical injury to or destruction or radioactive contamination of property, and loss of use of property so injured, destroyed or contaminated, and 1-loss of use of property while evacuated or withdrawn from use because possibly so contaminated or because of imminent danger of contamination.
" source material."
and-
" byproduct material" have the meanings given. them in the Atomic Energy Act of 1954 or in any law amendatory thereof.
" spent fuel" - means any fuel element or fuel component, i
solid or liquid-which has been used or exposed to 1
radiation in any nuclear reactor.
)
s "the facility" means the facility described in. the
, declarations and includes the location designated in Item
)
3 of the declarations and all property and operations at such location.
" transportation incident" means a discharge or dispersal of nuclear material from an insured shipment caused by collision or upset of the transporting conveyance. -or an accident that breaks open, punctures or ruptures the shipping containers or containment thereon but only if both the discharge or dispersal and the collision, upset
^
or-accident take place away from any nuclear facility and away from any disposal site. and both occur in the course I
of the transportation, including handling and temporary storage incidental thereto.
" waste" means any waste material
.i (1) ccntaining byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility b%tuded within the definition of nuclear facility undar paragraph (1) or (2) thereof.
4.
INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the
" Amendment of coverage Endorsement for Workers Claims (Facility Form)"
continues to apply:
IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIMS OR SUITS The following provisions apply with respect to any partially covered' claim or suit for which the companies' duty to defend has been limited by INSURING AGREEMENT I:
(1)
The companies will defend the claim or suit unless l
the companies and the first named insured mutually agree on a different defense arrangement.
By making 6
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+
such a defense, the companies shall not be considered i.
as having waived their rights under this policy to deny payment or reimbursement of - the items not h
covered.
y (2). As soon as practicable.
the first-named insured.
T acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defence,and sharing the costs thereof.
L (3)
The companies' share of defense costs shall not i
exceed the portion of the - total defense costs that i
l represents the costs which would. be reasonably and i
necessarily incurred in the defense of the claim or t
suit in the absence of any clain or demand for the
-items not covered.
(4). The companies
- shall have a right to contribution from the first named insured for all defense costs as they are incurred in excess of the amount of the companies'
- share, including reiubursement by the first named insured of all such excess costs paid by
.j the companies.
(5)
If the companies and the first named insured cannot agree on the companies' share of defense costs, the dispute shall be submitted, as a condition precedent to any right of. recovery ~on this policy. to arbitra-
-tion for a final and binding resolution, as provided in Condition 19.
{
I
(
5.
In EXCLUSIONS (d) and (e), and in all endorsements to this policy relating-thereto, the words
" bodily injury or property damage".are replaced by*" bodily injury, property damage or environs.antal damage."
6.
EXCLUSION (f) is replaced by the following exclusion (This policy does not apply:]
(f) to on-site property damage:
7.
In CONDITION 3 and in all endorsements to this policy modifying. the dallar amount of the limit of liability stated in Iter, 4 of the declarations, the words " bodily injury or property damage" are replaced by " bodily injury, property damage or environmental damage."
8.
In CONDITIOF, 4 and in all endorseme.nts ' to - this policy-modifying 1.he dollar amount of the total.aggragate liability of the companies with respect to a common occurrence (a) the words
" bodily injury or property damage" are replaced by
" bodily injury, property damsge o r.
environmental damage": and (b) the words " bodily injury and property damage" are j
replaced by
" bodily injury, property damage and environmental damage."
7
... J
-4' 9
In CONDITIONS 5 this policy relating thereto, the words " bodily injury o property damage" 'are replaced b damage or environmental damage."y " bodily injury, property 10.
CONDITION 19. DECLARATIONS, i.s renumbered CONDITION 20 11.
The following CONDITION is added to the policy:
1 19 ARBITRATION OF DISPUTES RE!ATING TO THE APPLICATION 0F INSLd MC A1REEMENT IV' u
1 All such disputes subject to paragraph (5) of INSURING i
AGREEMENT IV shall be submitted to a Board of Arbit (the - " Board")
dispute.
for a final and binding resolution of the There shall be two parties to the arbitration named insured, the first.
acting on behalf of all insureds as. their duly authorized representative, and Liability Insurance Association, Nuclear - Energy e
companies as their duly authorized representative. acting on behal.f of thj Except to the extent the parties J
otherwise, the following principles will applytmutually agree (a)
The arbitration will take place in New York, New York, and will be governed by the laws of the State of New York.
(b)
Either party may begin the process of arbitration by
]
giving notice to the other party in writing of i
intention-to do so and its j
that it'has appointed.
the name of the arbitrator (c)i The i other party shall_ then appoint int writing an' arbitrator, and1 the. arbitrators shall appoint in The umpire shall act as chairman of the Board. w (d)
If a party Nils to name its arbitrator within i
thirty (30) days of the other party's written request that it do so. -the x) requesting party may appoint an arbitrator for the' party in default.
3',
(e) j If the two arbitrators fail to agree on the 1
selection of an umpire within thirty (30) they have both been days after 3
name two, appointed, each of choice shall be made by drawing lots.of whom the other The s
(f)
The arbitrators and umpire shall be executive officers or forner executive officers companies of insurance licensed to do business in the United
-)
States or of. organizations designated as the first named insured under a Nuclear Energy Liability Policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Underwriters provided that the curtant employees ofLiability the followings shall not be j
without the consent of both parties: eligible for service i
8
~
. i g
.n s
+
c (1) any party or.1.ikely. party to the underlying clain'or suit (2) unerican Nuclear Insurers.
MAERP Reinsuranco
.i Association or their members: or 1'
(3) any other insurer or reinsurer which. has casualty insurance or reinsurance in force e,n any of the foregoing - which may be materially affected by the Board's decision.
(g)
Witnin thirty (30) days after the appointment of the utpire.. each party shall submit its case in writing to the Board.
(h)
The Board shall determine its rules of procedure, and the nature and extent of any discovery, testimony.
l examination or cross-examination of witnesses and oral. argument permitted.
The decision of any two
)
members of the Board shall be final and binding on all parties.
All discovery. submissions of evidence hearing of witnesses and argument shall be completed s
within sixty (60) days of the appointment of the
)
umpire, provided the Board may grant one extension of I
thirty (30) days.
(1)
The arbitrators and the umpire are not to be bound by 1
]
any strict rules, of Aegal procedure.
evidence _ or lega.1 precedents.
They shall. however, be governed t
1 p
by the terms of this policy. and shall have no power to add to or change its provisions.. Subject to this t
admonition, they shall interpret the relevant provisions of this policy as an honorable business-L agreement, and shall be entitled to decide.
in accordance with such provisions together with the other materials submitted to them. what they think is the fair and right thing to be done between the L
parties from a business-point of view, without i
favoring the interest of either party.
'3 (j)
The Board shall make its award in, writing within
~
thirty.(30) days after the close of the period.
l including any extension granted.
described in 1
paragraph (h)'above.
(k)
If the Board fails to make an awart within the time prescribed by paragraph (j) above, then unless an i
j extension is agreed to by the parties.
a new arbitration shall be commenced and completed in L
(?
accordance with the procedure set out in paragraphs i
(a) through (j) above.
(1)
The award of the Board signed by any two members i
?
i shall be final, not subject to appeal and binding on all parties, including all insurers subscribing the r
i l1 policy and all insureds thereunder.
The award shall be treated as a natter involving Anterstate commerce, 4
c and may be filed or confirmed in any court of L
competent jurisdiction, state or
- federal, and judgment thereon entered and enforced, in accordance with'the law and practice of the forum.
c 9
i I\\
4 N
'#..a.
(m)
Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it and one half of the other costs of arbitration.
(n)
If an arbitrator or umpire is unable or unwilling to act. a new arbitrator or umpire, as the case may.be, shall be~ appointed to act in his or her place, in accordance with the provisions set forth above.
(o)
All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a copy thereof to the opposing party.
12.
This endorsement applies to all claims for damages, costs.
expenses or other relief or recovery for which coverage is i
sought under this - policy, and which are first made in writing against any insured on or after the. affective date of this endorsement stated below.
j Thi: H to certi0 that this ; a true copy of the originn1 link 1:m Ent h. s O S e'id.nramr ' maaber and being enade part N Nm !nr E, m. It! Ny Pa.. p rFarihty Fonn! as des.
c iy c < Je n on No Inaux e c. affuu' i hereunder, dihn L Mt Ya6 i
An.aan.4uma butus i
10 s
Effective Date of d
j.
this Endorsement January 1.1990 To form a part of Policy No NF-264 12:01 A.M. Standard Time Issued to Union Electric Company i
Date of Issue-February 16. ' j2D,,,,,,,
Tor the su ribing c panies i'
l l
By T
PRESIDENT Endorsement No 47 Countersigned by
.iE-71 (1/1/90)
+
L
Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION L
i l
CHANGES IN SUBSCRIBING COMPANIES AND IN THE!R PROP 0RTIONATE LIABILITY ENDORSEPENT CALENDAR TEAR 1990 J
1.
It 1 c damag= p rd that with respect to bodily injury, property damage or environmental eaused, during the effective period of this endorsement, by the nuclear energy hazard!
The vord " companies" wherever used in the p611cy means the subscribing a.
companies listed below.
b.
The policy shall be binding on such enspanies only.
l i
Each such company shall be liable for its proportion of any obligation L
c.
(
assumed or expense incurred under the policy because of such bodily injury, property damage or environmental damage as designated below.
I-1 2.
It is agreed that the effective period of this endorsement is from the beginning y
of the effective date of this endorsement stated below to the close of December E
31, 1990, or to the time of the termination or cancellation of the policy, if sooner.
q g
Aetna Caswity & Surety Co.
12.917337%
'b.
Attlanz Insurance Conpary 1.51%34%
s
^J Altstate Insurance Conpany 5.535510%
American Nome Assure 1ce Co.
0.69216'/E continentet casuotty Company 5.341750%
d}2 continental Insurance Ccapery 10.333870%
T Federal Insurance Compary 2.75 % 99%
g General Ins. Co. of America 1.722312%
kg }
Hanover Insurance Compary 0.595059%
E~
Hartford Fire Insurance Co.
10.333870%
V Highlands Insurance Company 0.344662%
3 Home Indsanity Company 1.614667%
i 2:
D,g Ins. Co. of North America 7.7506C3%
{
ro 2,
Motore Insurance Corporation 0.430573%
3,j g ohto casualty insurance Co.
0.172231%
g Providence usahington Ins. Co.
0.193760%
2,%, y Retlance Insurance Coapany 0.516696%
u,
[ 6 g ~E Royal Irs. Co. of America 3.616855%
-f I
St. Paul Fire & Marine Ins. Co.
5.991922%
b@.
g E
State Farm Fire & Casualty Co.
0.8611 % %
l l
'4 Tokio Marine & Fire Ins. Co.
0.516606%
l t
5 j
Transamerica insurance Co.
0.8611 % %
-$ "p A Treveters Indennity Coapany 12.8 % 195%
~{8N U. S. Fire Insurance Company 2.325121%
I e
& g Z ~~e. T g
U.S. Fidelity & Guaranty Co.
8.611558%
g.
Universal Underwriters Ins. Co.
0.172231%
gj$%
Zurich Insurance Company
_ 1.420007%
4ggy Totat 00.000000%
Effective Date of ll
.this Endorsement.__,_ lap,uary 1. 1990 To form a part of Policy No.
NF-264 l l-12:01 A. M. Standard time l
1 Issued to
. Union Electric Company 1
A Date of Issue April 1. 1990 For the Subscribing C panies, By.,
AS?'
MA Pr iht N
~
. Endorsement No.
48 Countersigned by o.
j
. - _ ~
Nuclear Energy Uability insurance i
NUCLEAR ENERGY UABluTY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
Effective August 20, 1988, 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 construction, 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 or the fault of the insureds, including but not limited to:
i (i) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening
- causes, whether involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, arid (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.
j The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deeriod jurisdictional or relating to an element in the cause of action.
1 2.
The waivers set forth in paragraph 1. above do not apply to
. Nb-33b Page 1 of'3
)
l i
(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; 1
(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 required to a
be provided under any workman's compensation or 3
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 j
that the claimant has sustained actual
- damages, 1
measured by the pecuniary injuries resulting from_such death but not to exceed the maximum amount otherwise recoverable under law.
3.
The waivero set forth in paragraph 1.
above shall be-I effective only with respect to bodily injury or property damage to which the policy applies under its terms other l
i than thi9 andorssment; provided, however, that with respect 1
to _ bodily ; injury or property dsmage resulting-from an j
extreardinary nuclear occurrence, Insuring Agreement IV, R
" Application of Policy"4 shall not operate to bar coverage
- l for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and i
(b) which is discovered and for which written claim is made
]
'against the insured not later than twenty- (20 the-date of the extraordinary nuclear occurrenc)e. years-after i
Such waivers shall. not opply. to, or prejudice the prosecution or defense of a ty claim or portion of claim which is not within the prote: tion afforded-under
)
(a) the provisions of
- he policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named i-insured and 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 claimant 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 1-be. judicially enforceable in accordance with their terms L
against any insured in an action to recover damages because NE-33b Page 2 of 3 l
.]
. c.
\\
l of bodily injury or property damage to which the policy J
1 applies as proof.of financial protection.
5.
As used herein:
2
" extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to.be an I
extraordinary nuclear occurrence as defined in the Atomic' l
Energy Act of 1954, as amended.
l
" Financial protection" and
" nuclear incident" have the i
meanings given them in the Atomic Energy Act of -1954, as.
amended.
" claimant" means the person or organization
- actually, sustaining the bodily in property damage and also' his ' assignees, jury. or includes legal representatives and. other
-persons or organizations entitled to bring an action for j
damages on account of such injury or damage.
_j
.1 1
- i This is to certify that th: h a true copy of the original Endmsement havha th c :mement number :md being made part of tho NucHr Enem wy Pel cv Faci.My Form) as des.
ignah h0imo. No ing ence is efim d heteunder.
1 m
Jan L mn m, Vn, ahntUncu Arnciman Nu;icar inrurers l
I Effective Date of
.this Endorsement Augus t - 20, 1988 To form a part of Policy No. NF-264' 12:01 A.M. Standard time Issued to Union Electric Company Date of issue February 16, 1990 For the cribing panies By
\\Plesident Endorsement No.
42 Countersigned by
'NE-33b-Page 3 of 3
g.
'g.
i1, Nuclear Energy Liability insurance
~
a M
NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in' construing the application of paragraph 2(b) of the WAIVER OF-DEFENSES ENDORSEMENT NE-33b with respect to an extraordinary nuclear occurrence occurring at-the
- facility, a
claimant who is employed at the facility in connection with the construction of
'a nuclear reactor with respect to which no operating license i
has been~ issued by the Nuclear Regulatory. Commission shall not I
be considered-as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection with the construction of. a nuclear reactor, including all related equipment and installations at the facility, and (2) no operating license has been issued by the Nuclear I
Regulatory Commission with respect to the nuclear
]
reactor, and (3) the claimant. is not employed in connection with the possession,
- storage, use or transfer of nuclear 1
material at the facility.
fa 18 If Ci rlh 4."1 NC b afrQp(gyf cyf d 7 ny;p-y lu N, x, e, f 6;. ad bdng made part o'
ic
,6 y tp.u-PC Form) as des-e h, Imrm n Ard i hereunder.
. an J,6 :
3 w
j Anwme
.uam ineum, Effective Date of this Endorsement August 20, 1988 To form a part of Policy No, NF-264 12:01 A. M. Standard time Issued to Union Electric Company Date of Issue February 16, 1990 For the s ribing
- panies, by l n A---
\\lpresident Endorsement No.
43 Countersigned by NE-39b
lf*
Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION Restriction of Comoanies Oblication to Defend, Investicate, Necotiate or Settle Any Claim or Suit (Section 170 0.
of the Atomic Energy i
Act of 1954, as amended) l Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 0.
of the Atomic Energy Act of 1954' as
- amended, an appropriate U.S.
District Court determines that L.
liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of
- 1954, as
- amended, the companies obligations under Insuring Agreement I,
to. defend, investigate, negotiate or settle any claim or suit under the policy do not include any obligation that would necessitate or result in the companies incurring legal l
- costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant.to such subsection 170 0.
r I
Ild, h to cert fj tlat !!A il a truc copy of ihn Orhin2I i
l fuay a+,m
, a gc, nd ticina rnade part w
of U a ,,, Po;n V Ferm) as de i : v. tw, a Na N ma, i3 ; Jim J kwunder.
2, w
wL m
, %, n um.png7w anu m m,m t.m m Effective Date of this Endorsement August 20, 1988 To form a part of Policy No. NF-264 12:01 A.M. Standard time Issued to Union Electric Company Date of issue February 16, 1990 For the Su ibing co antes l
By FRASIDBff Endorsement No.
44 Countersigned by NE-70.
u
' D? g. =.
Nuclear Energy Uability insurance-NUCLEAR ENERGY UABluTY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDOR.SEMENT (Extraordinary Nuclear Occurrence)
The named insured, acting for.himself and.every other insured under the policy, Insurance Association agree as follows:and the members of Nuclear Energy Liability il 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 construction, 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.
7 o
J the insureds and the companies agree to waive-m m
(1) any. icsue or defense as to the conduct of the claimant or the fault of the insureds. including but not limited to:
(i) negligence.
(ii) contributory negligence.
(iii) assumption of risk, and (iv) unforeseeable intervening causes.- whether involving the conduct of a third person, or an act of God.
(2) any issue or. defense as to charitable or governmental immunity, and (3) any issue or defense' ' based on any statute of limitations if suit is from the date on which theinstituted within three years claimant first knew, or reasonably could have known..of~his bodily injury or property damage and the cause thereof.
The waiver of any such issue or defense shall be effective l
regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the t
cause of action.
2.
The waivers set forth in paragraph 1. above do not apply to (a) bodily
- injury, property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant:
NE-33c(1/1/90)
Page 1 of 3 l
?,.
?
(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 required to be provided under any workmen's or compensation or occupational disease lawt (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 recoverable under law.-
3.
The waivers set forth in paragraph 1.
above shall_ be effective only with respect to bodily injury, prop.cty damage or environmental damage to which the policy applies under its terms other than this endorsementt provided,
- however, that with respect to bodily injury.
property damage or environmental damage resulting from an extraordinary nuclear occurrence, the.~ provisions of COVERACES A and C of the policy providing coverage for bodily' injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten-(10) years after the and of the policy period shall not operate to bar coverage for bodily
- injury, property damage or-environmental 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 twenty (20 years after the date of_ the extraordinary nuclear occurr)ence.-
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) tra provisions of the policy applicable to the financial protection required of the named insured (b) the ag.teement of indemnification between the named insured and 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 170s.
of the Atomic Energy Act of 1954, as amended.
Such waivers shall not preclude a defense based upon the L
failure of the claimant to take reasonable steps to mitigate damages.
NE-33c(1/1/90)
Page 2 of 3
m
^*
+.
i l
c 4.
Subject to all of the limitations stated in.this P
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 insured in an action to recover damages
)
because o.any-f bodily injury. property damage-or environmental damage to which the policy applies
'l as proof of financial protection.
5.
As used herein:
'l
" extraordinary nuclear occurrence" means aa event whics.
L the Nuclear Regulatory Commission has determined to be an L
extraordinary nuclear occurrence as defined in the-Atomic Energy Act of 1954, as amended.
l.
I -
" Financial protection" and " nuclear incident" have the meanings given ' them in the Atomic Energy Act of 1954. as amended.
h
" claimant" means the person or sustaining-the bodily injury. organization actually property damage or J
environmental -damage and also includes his assignees.
L legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
l l
L l
ThE is to certify that th's is a true copy of the oridna!
Endonenw havhs the endanzment nember and being made part I
the N.c:bu Emry 1ichW Mcy (bcnty For:n) s des-o:
i m uc % nn, No inh.nure u ai!Ord heteundcr.
/ ~. /
mL a va
,,u,.
nracra,n NAam lau:us 1
Effective Date of i
this Endorsement January 1, 1990 To form a part of Policy No. NF-264 12:01 A. M. Standard time I
. Issued-to Union Electric Company I
.Date of Issue February 16, 1990 For the s ribing
- panies, By
_.n
( #FsTiiltsf i
- ~
Endorsement No.
45 Countersigned by l-(,
NE-33c (1/1/90)
Page 3 of 3 1
r
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the ' application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33c with respect to an extraordinary nuclear occurrence occurring at the
- facility, a
claimant who is employed at the facility in connection with the construction of. a nuclear reactor with respect. to which no operating license has been issued by the Nuclear. Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant 'is employed exclusively in connection with the construction of a nuclear reactor including all related equipment and installations at the facility, and (2) no operating license has been issued by the Nuclear Regulatory Commission with respect to the nuclear reactor, and (3) the claimant is not employed in connection with' the possession,
- storage, use or transfer -of nuclear material at the facility.
l-l l'
l-l-
l l
Thi is to cmtih that this is a true copy of the original i
- ha m o mdrament number and being made part E ~'
we Po' Tb iiC M y fG m d a5 DOS-
{h + pf bd r
dN s
-'5
- >o, ;. rm <. <. ve ;J h m und a u
u
~
Ama m u 1,a:m Effective Date of this Endorsement January 1, 1990 To fors a part of Policy No.
NF-264 12:01 A. M. Standard tiiiw Issued to Union Electric Company Date of Issue February 16, 1990 For the Sub ibing Co anies, l'
By U
G rp M h Endorsement No.
46 Countersigned by NE-39c (1/1/90)-
- g Nucloor Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDATORY ENDORSENENT (Facility Form)
It is agreed that:
1.
INSURING AGREEMENT I is replaced by the fo11owing:
=I COVERAGE A - LIABILITY "To pay on behalf of the insured all suas which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered
- environmental-cleanup costs because of environmental damage.
This Coverage applies only to bodily injury, property damage. or environmental damage caused durics the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period.
The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage, and seeking damages or costs which are payable under the terms of this policy but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.
The companies'- duty to defend shall be
- limited, as described in INSURING AGREEMENT IV. if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:
(1) damages for on-site property damages (2) recovery of on-site cleanup coats or any other cleanup costs except covered environmental cleanup costs (3) performance of an insured's environmental protection obligations or on-site cleanup obligations or (4) any other relief-or recovery except payment of covered damages or covered environmental cleanup costs.
The companies' duty to defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.
Subject to INSURING AGREEMENT IV.
with respect to any claim or suitthe companies shall pay, they defend, the costs incurred in the defense, including (1) costs taxed against the insured in any such suit and interest on any judgment thereins (2) premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish auch bonds:
F
~
"~'
J (3) reasonable expenses.
other than loss of earnings, incurred by the insured at the companies' request.
COVERAGE B - DAMAGE TO PROPERTY OF A*..
INSURED AWAY FRON THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an.
insured which is away from the facility. to pay to such insured those suas which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.
COVERAGE C -- SUER 0 CATION - 0FFSITE :DEPLOYEES 1
With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured, and which is discovered and for' which written claim is made against the insured, not later than ten (10) l_
years after the. end of the policy period, to pay to the workmen'a compensation carrier of such insured as follows:
1 i
All suas which such carrier would have been entitled ' to recover and retain as damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law.
An 1
employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier i
within the meaning of this coverage.
1 This coverage does not apply to bodily. injury to ' any person who is employed at and in connection with the facility: nor shall it constitute workmen's compensation insurance as required under the laws of any state.
2.
INSURING AGREEMENT II is replaced by the following:
II DEFINITION OF IN8URED The unqualified word " insured" - includes (a) tho' named insured and (b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury. property damage or environmental damage caused'by l
the nuclear energy hazard.
L subdivision (b) above does not include as an insured the United States of America or any of 'its agencies, except the Tennessee Valley Authority.
I Subject to. CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought.
2
.1
lll 8
\\ '-
y i
3.-
INSURING AGREEMENT III-is replaced by the following -
s III DEFINITIONS Wherever-used in this policy:
U..
. bodily injury" means bodily ' injury.. sickness or. disease.
- including death resulting therafrom.
sustained : - by any g
person.
" covered damages" means damagesa because. of bodily injury-or property damage. to which this policy appliest-but
- m.
- covered damages do not include environmental cleanup costs ~
or.on-site cleanup costs.
e,
" covered - environmental cleanup costs" means only ' those-V environmental cleanup costs which are incurred directly; for. monitoring. testingLfor, cleaning up. neutralizing or-containing novironmental. damage as the result. of. an N
extraordinary nuclear occurrence or a transportation-incidents but covered-environmental cleanup costa do not-include on-site cleanup costs.
s
" disposal site". means any structure. -- basin,- excavation. -
e a premises or: place prepared as, a dump or site f o r -- t h e disposal of waste-materials-of a general nature, but.which
/
may also - be used - for the disposal-of waste materials J
containing small amounts of nuclear material.:
" environment".' includes land.-
the atmosphere.. and, all
. atercourses. - bodies of water and. natural resources.
w whether on, above or below the surface of the ground.
" environmental cleanup costs" include'-all loss. cost' or y'
expense arising : out of1 any governmental decree., orcor, or directive (other than an award of covered damages in an action:.at law), requiring or. requesting a. person or organia.ation ~ to undertake or' pay for L monitoring. testing.
for, cleaning up, neutralizing or containing contamination of the environment whether the contamination:.is on.:above or below the surface of the ground.
" environmental damage"-means contamination of the environ-ment by nuclear material.
"environmenta.1 protection obligations": include all obligations of any person or organizstion (1) relating to. the protection-of the environment from contamination or imminent danger of contamination.
and (2) imposed by any governmental laws.
regulations or ordinances.
" extraordinary nuclear occurrence" means an event which thu United States Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as 3
I
'y j
s s
- -.. ~
c,j defined ino the Atoalc. Energy _ Act of 1954. or iniany' law
' amendatory thereof.
4
~y^
" governmental" refers ' to federal.
state and local' governments. and authorities. including courts. agencies and political subdivisions thereof.
" indemnified nuclear facility" means
' (1)-
"the, facility" ' as detined ini eny Nuc1 car. - Energy :
Liability Policy _ ~ (Facility Form) issued' by : Nuclear -
Ll Energy = Liability, Insurance-l Association or ' Mutual =
. Atomic.EnergysLiability-Underwriters for g
(2) any other' nuclear facility.
' if 1 financial..' protection is - required - pursuant. to~~the Atomic _- Energy' Act; of - 1954 or any law? amendatory thereof, with respect i to any activities ort operations conducted thereat.
'"ineured shipannt"' means a shipment - of: source natorial'.
special? nuclear Laaterial, spent -fuel, waste.. or tailings ;
or. wastes ' produced by the extraction or concentration Lof-X uranium ? or Ethorium from any1 ore. processed primarily for-
~
- its source material content..herein' called " material.".:
-(1) to the facility _ froa lany. location except : an H
indemnified - nuclear-facility, but only1'if 'the
, transportation 'of the. material. isi not? by predeter :
mination. to' be interrupted by removal Lof; the material from
'a transporting. conveyance for ' any i
purpose >other than the continuation of its.transpor ;
tation, or
'(2)- from the ' facility to any :other. location. :' but only until the ~ material. is removed ' from ~a transporting conveyance f or f any. purpose. otherJ ct h r. n t h e -
1 continuation of:its transportation.
b<
" nuclear. energy, hazard" 'means'. the radioactive, toxAc.
explosive or other hazardous properties.. of-nuclear material, but only if
-(1) the nuclear material is at the faciliuy or. has been; discharged ' or ~ dispersed therefrom without intent to relinquish. possession or custody thereof to any other t
person or organization or (2) the nuclear material is'in an insured shipment which l
is away from any other nuclear facility and is in the course of transportation.
including handling and temporary storage incidental thereto. within (a)_ the territorial limits of the United. States of
- America, its territories or possessions, or Puerto Ricot or (b) international waters or airspace, provided that i
the nuclear material is in the course of L
transportation between two points located within 4
l L
.J
l.';
i
,c j
the territorial. limits ; described.in (a) above, and -
there.is no deviation in the-course of. the transportation for the purpose of going to any other-j country,- state or. nation. : except for the purpose of going to or returning from,a I
as the result of an emergency. port or place. of refugs;
" nuclear facility" means"the; facility" as defined in any Nuclear. Energy: Liability Policy - (Facility-Form) issued by.
I
~ Nuclear ' Energy Liability Insurance Association or Mutual l
Atomic > Energy Liability. Underwriters.
The - term " nuclear facility" also means=
(1) any nuclear reactor..
(2) :any-equipment or-device designed.or'used:for i
.-(a)- separating the isotopes of-uranium or plutonium, (b.)
processing =or utilizing spentifuel -or (c) handling, processing lor packaging waste.
3 (3) any. equipment or device used for: thew processing, fabricating : or ' alloying of special nuclear material ifJat any time the total amount of such material in
- q the custody' of the. insured at the premises. where.
j such equipment-or device -is' located consists' of,.or -
i contains.more than 25 grams. of ' plutonium or - uranium-
'233 or. any ' combination thereof e or more than.250 -
. grams of uranium 235, (4) anyf structure, basin. excavation premises ' or ; place prepared or used for the storage ori disposal of-
- waste, and ' includes the ' site on which. any of the foregoing is located, all.; operations ; conducted on such site and, all premises used for wuch operations.
" nuclear material
- means source inatorial, 'special nuclear.
1 material or byproduct material.
t
" nuclear reactor" means any apparatus designed.or used to sustain nuclear fission or. a self-sustaining = chain j
reaction or to -- contain a critical mass of ' fissionable material.
l "on-site cleanup. coats" include all loss, cost or expense arising out of on-site cicanup obligations.
4 L
"on-site cleanup obligations" include all obligations of 1
any person or > organization, imposed by common law or othenvise, to undertake or pay = for monitoring, testing for, cleaning up, neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.
"on-site property damage" includes.all property damage to any property at the facility, whether the property is on, f
above or below the surface of the ground, other than i
aircraft, watercraft or vehicles licensed for highway use, 5
I I!'
?.5..
]
~_.__ __
_ _ ~,
3 i
provided such ~ aircraf t, = watercraf t. or vehicles are not i
used~in connection.with~the operation of the facility, j
" property damage" means physical injury to or destruction J
or radioactive contamination-of property, and loss of.use of ' property.. so injured, destroyed or - contaminated.. and loss of use of property while evacuated _or withdrawn fron-i use because possibly so' contaminated or because of
- imminent. danger of contamination.
.t
" source material "
and j
" byproduct material" have.the meanings given them in the Atomic, Energy Act of 1954.. or in,any law amendatory, i~+
g thereof.
" spent ' fuel" means any fuel element or fuel component '
l' solid or liquid, which-has ~ been used or exposed to.
W radiation in any nuclear reactor.
"the facility" means the facility described in the.-
t g
~ declarations and includes the location-designated in Item Q
l'
.3 of the declarations and all-property and operations at l
'such' location.
" transportation incident" - means a discharge or dispersal L
of nuclear material from an insured shipmentL caused. by collision or upset of. the-transporting conveyance. or an L
accident that breaks open, punctures or ruptures the L
shipping containers' or containment thereon: but only. if P
- both the-discharge or dispersal and'. the collision, upset t
j
},
.or accident take-place away;from.any nuclear facility and' a
away-from,any disposal site, and both occur in.the course-j?-
of ' the transportation, including - handling and temporary -
storage incidental-thereto.'-
1
" waste" means any waste material v(
(1) containing byproduct material and 1
(2) resulting from the operation by any person or.
organization of any nuclear' facility included within L
the ' detinition. of nuclear facility under paragraph
(
(1) or (2) thereof.
"7 I
1 4.-
INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the
" Amendment of Coverage Endorsement for Workers Claims (Facility Form)"'
continues to apply:-
p IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIMS OR SUITS The fc11owing. provisions apply with respect to any partially covered claim or suit for which the companies' duty to defend has been limited by INSURING AGREEMENT I:
'1 y
(1)
The companies will defend the claim or suit unless the companies and the - first named insured mutually agree on a different defense arrangement.
By making L
L lio l!
~
..~..-
-. - ~.
y, lQ ssuch a defense. the companies shall not be considered u
_ as ihaving waived? their rights under - this policy to 1
'~ deny payment or reimbursement of the-items not 1__
cosared..
(2)- As soon ' as practicable.
the first..3med insured..
- acting 1on behalf of all insureds, and the companies
?
sttall: endeavor to reach an equitable arrangement. for handling;the defense.and sharing the costs:thereof.
(3). The _ companies!
share of defense costs shall not-1:
U exceed the portion of the. total defense costs = that.
represents the. costs which would L be reasonably and necessarily incurred.in'the defense of the;clain or q"
suit in the absence of any clain or.~ demand ~ for-the :
items not~ covered.
(4)1 The ' companies ~shall have. a right ' - to : contribution fron~the first named insured for all defense costs as c 3, they are incurred' in excess - of thW amount of the companies':. share. _ including. reimbursement by: the first named insured of,all such excess _ costs ~ paid by.
s i'
the companies'.3 (5). If the companies and the first named insured cannot' (j
.L agree on the companies' share of defense costs, the
,j dispute shall'be submitted, m.a condition: precedent
(,
to any: right of. recovery on this: policy, ' to arbitra-tion for a. final and binding resolution as provided.
in Condition 19.
- 5..
In EXCLUSIONS (d) and (e). and in all endorsements to this.
L policy. relating thereto, the words " bodily injury q
or property damage" are-replaced by'" bodily injury,_ property damage-or environmental damage."
q a
6.'
EXCLUSION (f) is replaced by;the fo11owing exclusion:
[This policy does not apply ]
3 t
(f) to on-site property damage:
1 b
. 7.
In CONDITION 3, and in. all endorsements to this policy y
[
modifying the dollar amount 'of ~ the limit of liability p"
stated in Item 4 of the declarations, the words - " bodily injury or property damage" are replaced by." bodily injury.
property damage or environmental damage."
[
8.
In CONDITION 4, and in all endorsements to ' this policy J
modifying the dollar amount of the total _ aggregate l-
. liability of the companies with respect to a common L
occurrences (a) the words " bodily injury replaced by
" bodily injury, property damage" are or property damage or environmental damage": and (b) the words " bodily injury and property damage" are replaced by
" bodily injury, property damage and environmental damage."
i' 7
R 12.
,5
9 In CONDITIONS'5.:11, 15 ond 18
'M<
and in all endorsements to this policy relating thereto, the words " bodily injury or damage or environmental damage."y-property damage" are repla 10.
CONDITION 19. DECLARATIONS..is renumbered CONDITION 11.
The'following CONDITION-is added to the policy:
19 ARBITRATION 0F -DISPUTES RELATING To THEL APPLIC OF INSURING AGREEMENT IV All. such - disputes subject to paragraph (5) of INSURING AGREEMENT IV shall be submitted.to a-Board of Arbitration (the " Board") for a final
= dispute.
and binding: resolution of the -
There 'shall be two parties to' the arbitration:' ' the' first named insured. acting on behalf of all insureds as their-
. duly authorized representative..and Nuclear Energy Liability Insurance Association, acting companies as~ their duly authorized. repres. on behalf of the entative.
Except to the extent otherwise, the following principles will apply:the. parties autually agree-
-(a)- The arbitration will take place in New York, New,
- York, of New York.and will be governed by the laws of the State (b)
Either giving-. party may-begin the process of arbitration ~by intention' to do? so andnotice-- to the other - party in writing of its the name of the arbitrator that11t has appointed.
(c)
The other party-shall then appoint in writing an:
arbitrator,- and the arbitratora shall appoint The umpire shall act as chairman of the Board. writing
'n i
'(d)
If a party fails to name its _ arbitrator within thirty (30) days of the other party's' written request that it do so, the requesting appoint an arbitrator for the party in default. party' may (e)
If the two arbitrators fail to ' agree on the.
selection of an umpire within thirty (30)' days after they ' have both been appointed.
name two, each of. them shall choice shall be made by drawing lots.of whom the other shall de The (f)
The arbitrators and umpire shall be executive officers or former executive officers of insurance companies licensed to do business in 'the United States or of organizations designated as the first named insured under a Nuclear Energy Liability Policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters provided that the current employees of the following shall not be without the consent of both parties: eligible for service 8
x
.%fs,.i; j
V'
~any party. or.likely (1) a
' clain or:suitt
. party to the l underlying.
J
-(2)
American Nuclear Insurers.
MAERP Reinsurance-
? Association or their members: or (3)? any other. insurer or.reinsurer which has/
h.
casualty insurance or reinsurance 'in force on.
any:- of - the foregoing which may be materia 11y1 affected~by the. Board's decision.
.i
>i (g)
Within thirty ' (30) days after.the appointment:of the' umpire. ' each party shall submit its case'in. writing.
n
.to the Board.
-(h)-
The: Board shall determine its rules 'of, procedure;. and; 4
the : nature and extent ofr any; discovery. : testimony.
si examination.- or cross-examination, 'of: -witnesses. and 9
. oral argument ' permitted.
The decicionn of. any two 1
members of the Board shell' be final y and binding L on all parties.
All discovery, submissions offevidence.
-hearing 3of witnessessand argument shall be completed within sixty ~ (60)- days of the appointment. of' the
< umpire.)provided the Board may grant one~ extension of' thirty (30) days.
3 (1)
The arbitrators and'the. umpire are not to-be bound by;
[
any strict. rules 'of legal' : procedure, evidence 1 or legal precedents.
They shall. however.. be? governed by the terms of this policy. Land shall have no: power L,
to add.to or change-its provisions.
Subject:
to this-
-admonition.- they sh311 interpret the relevant,
provisions ' of this policy as an honorable business.
agreement.. ~and shall. be ; entitled to ' decide, u :in-accordance with; suchi: provisions togethert with the other materials submitted to them. what they think is
,i' the fair and rightl: thing = to be done o between - the parties from a business point of view. 'without-r favoring the interest of either: party.
(j)
The Board shall make its award.in : writing within' 1
thirty -(30) days. after the close of the period.
including any extension -granted, described in paragraph-(h) above.-
(k)
If the Board ~ fails < to make an award within the - time prescribed by paragraph (j) above, then. unless an l
extension is agreed to by the parties, a'
new-arbitration shall be commenced and completed in accordance. with the procedure. set out in paragraphs (a) through (j) above.
(1)
The award of the Board signed: by any two members shall be final, not subject to appeal and binding on all parties, including all policy and all insureds thereunder. insurers - subscribing the The award shall be treated as a matter involving interstate commerce.
g and may be filed or confirmed in any court of compe t sn*-
Jurisdiction, state or federal, and judgmu.t ch..acn entered and enforced. in accordance with to i.. and practice of the forum.
9
y p,f:.
.,y 4 -
Lt.
(m)
Unless_the' Board decides otherwise, each party shall
. pa y --- the expenses of the arbitrator appointed by or f or it and one half of. the-other costs. of arbitration.
(h)
'If an' arbitrator or_ umpire is. unable or unwilling'to
-act.a new arbitrator or umpire, as the case may be.
shall be c appointed: to act.in: his or her place,'in' accordance-with the provisions. set forth above.:
(o). All ' materials relevant to the arbitration. sha11Ebe submitted to'the Board in triplicate andithe= filing party shall send simultaneously,a copy-thereof to-the
_ opposing party.
12.
This: endorsement applies-to all claims"for dama'es,' costs, g
expenses or other relief or recovery'for which coverageris sought 'under this ' policy, and which ' are first made ' in y
writing'against any insured on or=after the' effective date of this endorsement stated below.
1 Y
t 1
thaA thM u im rm athj 'N.- )
gg g to cent made part -
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- mi Fmm) as du-
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'i hmunds
- -u L ml wwa, maar unas 10 Effective Date of this Endorsement January 1, 1990 To form a part of Policy No NF-264 12
- 01 A.M. Standard Time Issued to Union Electric Company Date of-Issue February 16. 1990 For the su ribing e panies By T
PRESIDENT Endorsement No 47 Countersigned by iE (1/1/90)
v Nuclear Energy Liability insurance NUCLEAR. ENERGY LIABILITY INSURANCE ASSOCIATION CHANGE 3 IN SUBSCRIBlNG COMPAN!ES AND IN TMEIR PROP 0RTIONATE LIA8ILITY ENDORSEIENT CALENDAR YEAR S
'1..
It'is agreed.that with respect to bodily injury, property damage or environmental demage caused, during the effective period of this endorsement, by.the nuclear.
energy' hazards-a.-
The word " companies" wherever used in the policy means.the subscribing companies listed belov,
- b..
The~ policy shall'be binding on such companies only.
c.
Each such company shall be liable for its proportion of any obligation assumed or expense incurred under the policy because of such bodily injury, property damage or environmental damage as designated below.
2..
It is agreed that the effective period of this endorsement is from the beginning t
of the effective date of this endorsement stated below to the close of December-1 31, 1990, or to the time of the termination or cancellation of the policy, if sooner.
g Aetna Casualty & Surety Lt.
12.917337%
Allianz Insurance Company 1.515634%
. ^
Allstate Insurance Company 5.5355 C American Home Assurance Co.
0.697,69%
Continental casunity Company
- L l750%
_h gh Continental Insurance Company 10.333870%
'fgy Federal Insurance Ccapeny 2.75 % 991
= 0
)
General Irm. Co. of America 1.722312%
}
Hanover Insurance ccupany 0.595059%
.Oy 7
Hartford Fire insurance Co.
10.3338701 u
Mighlands Insurance Company 0.344462%
o.m Mcme Indose11ty Ccapany 1.6146674 1:
A 3 Ins. Co. of North tuerica 7.75040',X to - 3 w Motors Insurance Corporation 0.4305*8%
,y} 4 g g Chlo Casualty Insurance Co.
0.172'31%
p, Providence Washington Ins. Co.
0.197 '60%
- e,.4.a
[t g$
Rollance Insurance Company 0.518496%
"J Royal Ins. Co. of Asurica 3.61a A55%
0jU^1 m * ~2.l State Farm Firm & Casualty Co.
0.1611%%
'D St. Paul Fire & Marine Ins. Co.
5.9'1922%
Y+
2 Tokio Marine & Fire Ins. Co.
P.516696%
~
yC
- 4 Transemerica insurance Co.
0.8611 % %
.. '# NO Travelers 3rdssv11ty Company 12.8 % 195%
~
'j, f,
U. S. Ftre insurance company 2.325121%
U.S. Fidelity & Guaranty Co.
8.611558%
e d *2 3
Universal underwriters Ins. Co.
0.172231%
M Zurich Insurance Cespany 1.420007%
Total 100.000000%
=
gg NE 90 Effective.Date of this Endorsement January 1. 1990 To form a part of Policy No.
NF-264 12:01 A. M. Standard time Issued to' Union Electric Company Date of Issue Aoril 1. 1990 FortheSub[ribingCofanies, B~v 1A d D
%wA Pr sid='"
N Endorsement No.
'48 Countersigned by M
.,%s
-Nuclear Energy Uability Insurance i
MUTUAL ATOMIC ENERGY UABILITY UNDERWRITERS 1
WAIVER OF DEFENSES ENDORSEMENT 4
(Extraordinary Nuclear Occurrence) l
. Effective ' August 20,-
'1988, the named
- insured, acting for himself and every - other insured under the policy, and the a
members of Nuclear Energy Liability Insurance Association agree as follows:
4 -
1.
With. respect to any extraordinary nuclear occurrence' to -
F which-the policy. applies as proof of financial protection and which.
)
(a) arises out-of or.results from or occurs in the course i
of the construction, possession, or operation.of the facility, or L
-(b) arises out of or results.from or occurs in the course.
of the transportation of nuclear material to or from j
the facility, p
the insureds and the companies agree to waive (1) any issue or_ defense as to the conduct of the claimant or the fault of the insureds, including but not-limited to:
(1) negligence, (ii); contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening
- causes, whether involving the conduct of a third person, or an act of God,.
(2) any issue or defense-as to charitable or governmental immunity, and (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.
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 ME-33b-Page 1 of 3 w
[
> b il.
- c g,
'A
' u; (a) -bodily-i'njury or property damage-which.is intentionally sustained by> the claimant or which
,,f' resultsi from a nuclear-incident intentionally and wrongfully caused by the claimant;_
s (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 required 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 LwrongfulL
-death under.any. State law which provides;for damages only. punitive in_ nature, this exclusion - does not
~9 apply to tho' extent that the claimant has ' sustained actual? damages, _ measured by the pecuniary injuries.
w resulting_ from such death. but not to exceed-the-J' maximum' amount-otherwise recoverable under law.
3.
The waivers set forth in paragraph
_1.-
above. shall' -be offactive only with respect to ' bodily, injury or property -
damage to which the policy applies under- _its ' terms other.
than this~ endorsement;
- provided, however, that with respect-to bodily injury or property damage resulting.from an extraordinary nuclear ' occurrence, Insuring Agreement-IV,
" Application of ' Policy",
shall not; operate - to bar:
coverage for bodily injury or property damage (a) which is.
caused during the policy per.iod by. the nuclear. energy hazard and (b) which is discovered..and' for which written, claim is made against the insured ' not later than twenty.
E (20) - 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 protection required of the named insured; (b) the agreement of indemnification between _ the named insured and 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.
r Such waivers shall not preclude a defense based upon the failure of the claimant to take-reasonable steps to mitigate damages.
'ME-33b Page 2 of 3
4 g-t.
4.
Subject to all. of the ilmitations stated' in this endorsement and! in the Atomic Energy. +Act of ' 19 54,c - 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 da:nage ' to which,the policy' applies as' proof of financial protection.
5.
-As~used herein:-
" extraordinary nuclear occurrence" 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' amended.
' Financial protection" and " nuclear incident" have the meanings. gi'isn them Lin the Atomic Energy Act of 1954, as amended.
'! claimant" means the person or-organization actually=
sustaining the bodily injury or property damage and also includes-his assignees, legal' representatives and other.
persons'or organizations entitled to bring:an action for.
damages on' account of such injury,or damage.
t Thh'is to cc:!L that Ink is a nua conv n' the otidnal c'enuar, Ord in i'1 '" rd bE G made parf Emiacin:ent nm-1
. me Lu::% re H cniti Fond as 6e ei & % i 4
igratto %:au ! w. Inu wg Mi'm tlum under.
M.
Ce
'7
,Ehn L t, timechi V;ca Prehnt Underwta 3
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/ecocm NuJear Irzwors d'
Effective Date of this Endorsement August 20, 1988-To form a part of Policy No. MF-111 12:01 A.M.
standard time Issued to.
Union Electric Company Date of issue February 16, 1990 For the subscribing Companies NUTUAL ATOKIC EIGutGY LIABILITY UNDERURI
=
By y
Endorsement No.
28 Countersigned by
[-
+
-ME-33b:
Page 3 of 3
,-in
==-uma.alhim' m ai
Nuclear Energy Liability insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOP. CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT ME-33b with respect to an extraordinary nuclear occurrence occurring at the
- facility, a
claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and (2) no operating license has been issued by the buclear Regulatory Commission with respect to the nuclear reactor, and (3) the claimant is not employed in connection with the possession,
- storage, use or transfer of nuclear material at the facility.
... g sie part smcg; Effective Date of this Endorsement August 20, 1988 To form a part of Policy No. MF-111 12:01 A.M.
S t andarc t ine Issued to
__ Union Electric Company Date of issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC ENERGY LIABICITY UNDER 1
hm sy Endorsement No.
29 Countersigned by ME-39b
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3 Nuclear Energy Liability insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS F -
Restrictioj)_of coppanie.y,_Qblication ts_,,pefend,
g Investicate, NecotiAte or Settle Any CQ{Jp_,gy,Ju it (Section 170 0.
of the Atomic Energy Act of 1954, as amended) p b
Effective August 20, 1988, it is agreed that whenever, pursuant lFs to subsection 170 0.
of the Atomic Energy Act of 1954, as 6g
- amended, an appropriate U.S.
District Court determinen that liability from a single nuclear incident may exceed the linit of liability under the applicable limit of liability unde.r E
subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of l
- 1954, as
- amended, the companies obligations under Insuring F
Agreement 1,
to defend, investigate, negotiate or settle any L
claim or suit under the policy do not includa any obligation that would nocessitate or result in the companies incurring legal l
- costs, including costs of initiating, prosecuting, c
investigating, settling, or defending claims or suits, which are y
not authorized for payment by a court pursuant to such subsect. ten
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Issued to Union Liectric Company y ;
Date of issue February 16, 1990 For the Subscribing Comp des MUfDAL A10KIC ENERCI LIABILIM WDMtXMMIS l
By
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k.f Ttie named' Ansured'.; acting for himself; and every other insured-d%
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. Insurance Aarociation agree aw.follows:
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With respect to any extraordinary nuclear occurrence to
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' takes place if benefits therefor. are either payable or required to be provided under. any workman's-compensation or occupational-disease law:
f (c) any. claim for pun'itive or: exemplary
- damages, provided.. with' respect to; any. claim for. wrongful
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,1 only punitive in-nature, t.his exclusion does not-
' apply to the extent that.the claimant has sustained actual damages, measured by_ the pecuniary. injuries
_ i resulting from lsuch ' death but not to exceed - the maximum, amount otherwise. recoverable under law.
.l 3.
The waivers set forth _ in paragraph
- 1., above shall_ be effective only with respect to bodily injury, property.
damage or environmental damage to which.the policy applies.
under: its terms other than. this endorsement provided.
- however, that. ith respect _ to bodily injury,- property w
damage or-environmental' ' damage resulting _ f rom - an
.l extraordinary nuclear occurrence, the. provisions-of 1
pm COVERAGES A and. C of the policy providing coverage. l f or N
bodily injury, property damage or environmental. damage I
caused during the policy period: by the nuclear energy
@4 hazard and which is discovered and for which' written claim s
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is;made against the insured not later than ten-(10) years after the and of the policy period. shall_ not operate to bar coverage for bodily
- injury, property, damage o'r environmental damage (a) which. is-caused during the i
policy period by the nuclear energy hazard and (b) which ti 4
is discovered and for which written claim: is made Lagainst D.
the insured not :later than twenty (20)' ~ years ' 'af ter the-U M fj date of the. extraordinary nuclear occurrence.-
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j t(a) the provi.d ions of thel _ policy applicable to the financial protection required of the namedi.inswredt
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(b) the agreement of indemnification betwen the namod p
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pursuant to Section 170 of the Atomic Energy Act of
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of the Atomic Energy.ActJof 1954, as armnded, kin _ '
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Such whiver 3 'shall 'not. precludit 44 defentei based upon the
, failure of the claimant to taka, reasonable steps to hp4 ultigate.damagell.'
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As used herein:
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1 the. Nuclear Regul'atory. Commission has' determined-to be an extraordinary nuclear occurre.nce as d'afined 1n the :
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d Energy.Act of 1954'!as amended.
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."Financ1A1 protection" 'and " nuclear incidsnt" hav'e the.-
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" claimant" mea n.s c
v the. person or-organization 'actu'allyz sustaining the bodily
- injury, property damage. ort environmental damag,e and also. includes his; assigneer, :
L1-lega) reppenent.atIves and oth>ar. person's or organizations y
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- MUTUAL-ATOMiO ENERGY-LIABILITY UNDERWRITERS
' SUPPLEMENTARY ENDORSEMENT-WAIVER OF DEFENSES REACTOk CONSTRUCTION AT THE FACILITY-
. It. is agreed that in. construing the application of paragraph
'2(b) of ; the. WAIVER OF DEFENSES ' ENDORSEMENT NE-33c with respect to'.an ' extraordinary. nuclear occurrence. occurring at the l
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- facility, a
claimant who.is, employed
.a t the. facility in-connection with the construction of a nuclear reactorn :with l respect.to which no operating license has: been issued by. the Nuclear Regulatory Commission shall-not' be considered. as i
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nuclear occurrence takes' place if:
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facility. and
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Regulatory Commission with respect to the nuclear j
reactor.-'and
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(3) the claimant is not employed in connection with the possession.- storage.. use, or transfer of. nuclear -
-material at-the facility.
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' Ef fec tive ';'.tt. of e.this Endotsement January.1, 1990 To form a part of Policy No. MF-111 0'
12 n1 A.M.
Standard time y;
1 Issued to Union Electric Company
-[/jphte o'f issue February'16, 1990 T
For the subscribing companies NUTUAL ATOMIC DGDtGY LIABILITY UNDD,
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. MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDATORY ENDORSEMENT
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'-(Facility Form)
It is agreed that:
1.-
INSURING AGREEMENT.I is replaced by the following:
. I-COVERAGE A - LIABILITY
^
-To pay on behalf of.the insured all suas which the insured-sha11L become legally ~ obligated to pay = as covered damages V
because of bodily injury or property damage._or as; covered-environmental _ cleanup costs becauseL_of? environmental' damage._. This l coverage : applies only,. to bodily t injury, property damage :.or environmental damage caused during the t -
policy period. by the. nuclear ~ energy hazard andL which is discovered;and for which written claim is made against the insured, not ' later than ten (10) : years after the and of h,
the policy period.
The companies shall have' the right and duty.to defend any -
clain or suit-against the insured alleging such injury or,
~i damage. and seeking damages or costs w h i c h ~ a r e. payable under the terms of this policyt,but the companiesTaay make-l such investigation, negotiation and settlementn'of the E
claim or suit as they deem expedient.
The companies'-~ duty to defend shall be. limited, as-described in INSURING AGREEMENT IV, if the claim or suit-also seeks any of the following.--which in no-event shall be construed as covered by this policy:
i-(1) damages for on-site property damages.
(2) recovery of on-site cleanup costs. or any other cleanup costs except covered environmental cleanup-costr. :
(3) performance of an insured's environmental protection obligations-or on-site cleanup obligations; or-l
.(4) any-other relief or recovery except payment of
(
covered damages or covered environmental cleanup costs.
The companies' duty to defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.
Subject to INSURING AGREEMENT IV, the companies shall pay, with respect to any claim or suit they defend, the costs incurred in the defense, including (1) costs taxed against the insured in any such suit and interest on any judgment therein 7
(2) premiums on appeal bonds and bonds to release
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attachments in any such suit, but without obligation to. apply for or furnish such bonds:
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1 (3) " reasonable. expenses',
other than loss of earnings, f
incurred by;the' insured at the companies' request.
COVERAGE B =-r DAMAGE TO PROPERTY OF AN INSURED : AWAY FR008
=THE FACILITY With - respect to. property damage ~ caused 'during the policy l
. period-by.the_ nuclear; energy hazard to the property of an E
insured which is away : from. the-facility. to ' pay to such.
L, insured those suas which such insured would' have been L
legally obligated'to pay.as covered damages.tterefor, had such property belonged to another.
COVERACE C - SUBROGATION - OFFSITE EMPLOYEES With ' respect to bodily injury ' caused during - tho; policy 4
period by:the-nuclear energy-hazard:to any employee,of'an-a1 insured,. and which is discovered and for which written claim is made_against the' insured.;not later than. ten-(10) i years af ter the-and of the policy period, to pay to the' workments compensation carrier.of such insured as follows-j All sums which such < carrier would have been entitled - to recover and retain as damages' from' another, person or-l
-organization, had. such person or organization alone been legally responsible - for such bodily tinjury, by reason of the. rights. acquired, by subrogation by the payment' of the' benefits. required of. such carrier under the applicable workmen's compensation n or occupational-disease law.-
An employer who is a duly ' qualified self-insurer under. such law shall'be-deemed to be.a workmen's compensation carrier withinLthe meaning of this coverage.
This coverage ' does not apply to bodily injury te any person who is ' employed at and in connection with the facility: nor shall it constitute workmen's compensation-1 insurance as required under the laws of any state.-
t 2.
INSURING AGREEMENT II is replaced by the following:
1
'II DEFINITION OF INSURED The unqualified word " insured" includes (a) the named 1
insured and (b) any other person or organization with respect to his legal responsibility for covered damages ~or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by p
the nuclear energy hazard.
Subdivision (b) above does not include as an insured the United States of America or any of its agencies, except the Tennessee Valley Authority.
Subject to CONDITION 3 and the other provisions of this
, policy, the insurance applies separately to each insured against whom claim is made or suit'is brought.
2 l'
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INSURING AGREEMENT-III is repla'ced.by the following:
III DEFINITIONS-Wherever used in this policy:
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" bodily injury" means' bodily injury, sickness or disease,.
including death resulting therefrom, sustained by anyc person.
" covered. damages" means damages because of ; bodily injury or - property damage to which. ; this. policy-applies:.but covered damages.do not include environmental cleanup costs.
or'on-site'civanup costs.
" covered: environmental cleanup costs" means. only those t
environmental cleanup. costs - which are :.incurreci directly.
for monitoring,-testing for, cleaning up,. neutralizing'or containing environmental damage as the -result of. a 1
transportation:incidentt.but covered environmental cleanup-costs do not' include on-site cleanup costs.
" disposal site" means any structure, basin,- excavation.
~
premises-or place prepared as a < duop or site. for the '
disposal of waste materials of::algeneral nature, ~ but whichi 1
may ?also be used for theydisposalpof. waste materials-containing small> amounts of nuclear material.A;.
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'" environment" includes land.
the natmosphere, and all watercourses - bodies of water and ~ natural resources, whether:on. above or below the surface of the ground.
" environmental cleanup costs" include all loss, cost - or expense arising. out of any: governmenta11 decree, order or directive (other than an award of o covered damages in;an
. action at' law)- requiring H or requesting ai person ' or -
- organization to undertake or pay for monitoring, testing for. cleaning up, neutralizing or containing contamination
~
of the environment, whether the contamination is on.'above or below the surfen of the ground.
" environmental damage" means contamination of the environ-ment by nuclear material.-
" environmental protection obligations" include all obligations of any person or organizations (1) relating to the protection of the environment from contamination or imminent danger of contamination, and (2) imposed by any governmental laws, regulations or ordinances.
" governmental" refers to
- federal, s ta t.e and local governments and authorities, including cnurts, agencies and political subdivisions thereof.
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" indemnified nuclear facility" means (1)
"the facility" as defined in any Nuclear Energy Liability'-Policy (Facility ' Form) issued by Nuclear Energy: Liability Insurance Association or Mutual Atomic-Energy Liability Underwriters, or
.(2) any'other nuclear facility.
- if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof,
,p with respect to any activities or operations a conducted thereat.
k
" insured shipment" means 'a shipment of source material.
- special nuclear material,. spent fuel,. waste, or tailings or wastes produced by the extraction.or concentration ofl uranium or thorium from any ore processed primarily for itsisource material content, herein. called " material",
.(?.)
to the~fac111ty froa a nuclear facility owned by the United States of America, but only if the transporta-tion ot the material; is not by predetermination to be interrupted by. removal of-the material fromVa..
transporting conveyance for any purpose other than i
the continuation of'its transportation, or (2) from'the facility to any other location except an.
indemnified nuclear facility.. but only until the material is removed ' rom a transporting conveyance-for any purpose other-than the continuation of 'its transportation.
" nuclear-energy hazard" means the radioactive, toxic,'
f.
- explosive or other he ardous properties of nuclear material, but only if (1) the nuclear material is at the facility or has been' discharged or dispersed. therefrom _ without intent - to relinquish possession'or custody thereof to any other person or. organization. or (2) the nuclear material is'in an insured shipment which is-away from any other nuclear facility and is in the course of' transportation, including handling -and.
temporary storage' incidental thereto, within the-territorial limits.,of the Uniteds States of America, its territories or possessions, or Puerto Rico.
" nuclear facility" m'eans "the facility" as defined in~any Nuclear Energy Liability Policy (Facility Form) issued.by Nuclear Energy Liability Insurance Asuociation or Mutual Atomic Energy Liability Underwriters.
The term " nuclear facility" also.means (1) any nuclear reactor, (2) any equipment or device designed or u.wd for (a) separating the isotopes of uranium or plutonium,
_. _ _ _ _. _ _ _ - _ - - - - - - - - - - - - - - - - - - - - - - - - - - ^
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(b) processing or utilizing spent fuel, or (c) handling, processing or packaging waste, (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uraniam 233 or any combination thereof, or more than 253 grams of uranium 235, (4) any structure. basin, excavation, premises or place prepared or used for the storage or disposal of
- wasta, and includes the site on which any of the foregoing is located, all operations conducted on such site and all preelses used for such operations.
" nuclear material" means source material, special nuclear material or byproduct material.
" nuclear reactor" means any apparatus designed or used to sustain nuclear fission or a
self-sustaining chain reaction or to contain a critical mass of fissionable material.
"on-site cleanup costs" include all loss, cost or expense arising out of on-site cleanup obligations.
"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise, to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.
"on-site property damaga" includes all property damage to any property at the facility, whether the property is on, above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use, provided such aircraft, watercraft or vehicles are not used in connection with the operation of the facility.
" property damage" means physical injury to or destruction or radioactive contamination of property, and loss of use of property no tajured, destroyed or contaminated, and loss of use of property while evacuated or withdrawn from use because possibly so contaminated or because:
of imminent danger of contamination.
" source ma t e rc.i a l, "
and
" byproduct material" have the meanings given them in the Atonic Energy Act of
- 1954, or in any law amendatory thereof.
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" spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in any nuclear reactor, R
"the facility" means the facility described in the declarations and includes the location designated in Item 3 of the declarations and all property and operations at such location.
" transportation incident" means a discharge or dispersal of nuclear material from an insured shipment caused by collision or upset of the transporting conveyance, or an accident that breaks open, punctures or ruptures the shipping containers or containment thereon but only if both the discharge or dispersal and the collision, upset or accident take place away from any nucisar facility and away from any disposal site, and both occur in the course of the transportation, including handling and temporary storage incidental thereto.
" waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within U
the definition of nuclear facility under paragraph (1) or (2) thereof.
4.
INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the
" Amendment of Coverage Endorsement for Workers Claims (Facility Form)"
continues to apply:
IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIMS OR SUITS The following provisions apply with respect to any partially covered claim or suit for which the companies' duty to defend has been limited by INSURING AGREEMENT It (1)
The companies will defend the claim or suit unless the companies and the first named insured mutually agree on a different defense arrangement.
By making such a defense, the companies shall not be considered as having waived their rights under this policy to deny payment or reimbursement of the 1.tems not covered.
(2)
As s.oon as practicable, the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defenso and sharing the costs thereof.
(3)
The companies' share of defense coats shall not exosed the portion of the total defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of tiu claim or 6
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i suit in the_ absence of any claim or demand for the items not covered.
(4)
The companies shall have a right to contribution from the ' first named insured-- for all defense ' costs as they are incurred in excess of the amount of: the companies' - share, including reimbursement. by the-first named insured of all such excess costa paid by-the companies.
(5)
If the companies and the first named insured cannot
' j agree' on the companies' share of defense costs. the dispute shall be-submitted..as a condition procea s j
to any right of. recovery on this. policy, to arbitra-i tion for a final and binding resolution, as provided in Condition 19.-
A F
5.
In EXCLUSIONS (d) and (e), and in all endorsements to this l
policy relating thereto, the words
" bodily injury or property damage" are replaced by " bodily injury, property damage or environmental damage."
l 6.
EXCLUSION (f) is replaced by the following exclusion:
s-(This policy does not apply:)
(f) to on-site property damage:
7.
In ' CONDITION 3,: and in all endorsements to this policy _
modifying the dollar amount of the limit of liability stated in' Item 4 of the declarations, the words " bodily-injury or property damage" are replaced by " bodily injury, property damage or environmental damage."
8.
In CONDITION 4, and in all endorsements to this policy modifying the dollar amount of - the total aggregate liability 'of the companies with respect to a common occurrence:
(a) the words " bodily injury or property damage" are replaced by
" bodily injury, property damage or environmental damage": and (b) the words " bodily injury and property damage" are replaced by " bodily injury, property damage and environmental damage."
9.
In CONDITIONS 5, 11, 15 and 18 and in all endorsements-to this policy relating thereto, the words " bodily injury or property damage" are replaced by " bodily injury, property damage or environmental damage."
- 3 10.
CONDITION 19, DECLARATIONS, and CONDITION 20 MUTUAL POLICY CONDITION, are renumbered CONDITIONS 20 and 21.
11.
The following CONDITION is added to the policy:
19 ARBITRATION OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT IV e
7
_ _ _ _ _ _ _ ~ _ _ _ _ _
J f
All-such ' disputes. subject to 1 paragraph (5) of INSURING AGREEMENT IV shall be submitted to a Board of Arbitration' (the.." Board") for ' a final and binding resolution-'of the dispute.
There shall be;two parties to the arbitration the-first
~
named insured, acting on behalf of all insureds. as their duly authorized representative, and ; Nuclear ~ Energy Liability Insurance Association, acting on behalf of the companies as their duly authorized representative.
Except 'to the extent the parties. mutually agree otherwise, the following principles will apply:
(a)
The arbitration will take place in New York, New York, and will be governed by the laws of the-State of New York.
(b)
Either party may begin the proc 3ss of arbitration by giving notice to the other party in writing of.Its intention to do so and - the name of the arbitrator i
that it has appointed.
)
(c)
The other party shall then appoint in writing an arbitrator, and the arbitrators shall appoint-in L
writing an umpire before they begin the arbitration.
4 The umpire shall act as chairman of the Board.
(d)
If a party fails to' name ;;its:/ arbitrator 'within
[
thirty (30) days-of the otheroparty 's written request that it do so, the requestingT: party may appoint an arbitrator for the party in default.
(e)
If the two arbitrators fail to agree on the selection of. an umpire within - thirty.(30) days after they ' have both been appointed, each of.them shall name two, of whom.the other shall decline one'.
The
' choice shall be made by drawing. lots.
(f)
The arbitrators - and umpire shall be executive officers or former executive officers of insuranca p
companies licensed to do business in the United Stats.4 or of organizations designated as the first named insured under a Nuclear Energy Liability Policy issued by Nuclear Energy Liability Insurance g
L Association or Mutual Atomic Energy Liability Underwriters: provided that the current employees of the following shall not be eligible for service without the consent of both parties:
(1) any party or likely party to the underlying claim or suit:
(2)
American Nuclear Insurers, MAERP Reinsurance Association or their members or (3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.
(g)
Within thirty (30) days after the appointment of the 8
l i
umpire _ each party shall' submit its case in writing _
'to the Board.
~
(h)
The-Board shall determine its rules of procedure, and-the nature and extent of any discovery. testimony, examination or cross-examination of witnesses, and -
oral argument ; permitted. -
The decision of.any two members of-the Board shall be final and binding on 4
all parties.
All discovery, submissions of evidence..
hearing of witnesses and argument shall be completed within sixty (60) days of the appointment of-the,
umpire, provided the Board may grant one extension of thirty (30) days.
(i)
The arbitrat. ors and the umpire are not to bs bound by any strict rules of legal procedure.. evidence or legal-precedents.
They shall, however, be governed by the terms of this policy. and shall have no power-to add to'or change its provisions.
Subject to this.
admonition, they shall interpret the relevant provisions of this ~ policy as an honorable business-agreement, and shall be ' entitled to decide.
in-accordance with such provisions. together with the other materials submitted to them, what they.think is L.
the fair and right thing to be done between ' the parties from -a business, point of
- view, without a
favoring the. interest of s'ither' party.
(j)
The _ Board shall make its award sin," writing within i
thirty (30) days after the close u of e the period.
including any' extension granted.. described in paragraph (h) above.
(k)
If the Board fails to make an award within the time prescribed by _ paragraph (j) above, then unless an o
extension is agreed to-by the parties, a
new L
arbitration shall be commenced _ and completed in i
accordance with the procedure set out in paragraphs (a) through (j) above.
I (1)
The award of the Board signed by any two members shall be final, not. subject to appeal and binding on all parties.. including all insurers = subscribing the policy and all insureds thereunder.
The award shall t
L be treated as a matter involving interstate commerce.
and may be filed or confirmed in any court of competent jurisdiction, state or
- federal, and judgment thereon entered and enforced, in accordance with the law and practice of the forum.
L (m)
Unless the Board decides otherwise. each party shall L
pay the expenses of the arbitrator appointed by or L
for it and one half of the other costs of i
arbitration.
(n)
If an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth a'bove.
(o)
All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing i
party shall send simultaneously a copy thereof to the opposing party.
9
j l
+
(m)
Unless the Board decides otherwise, each party shall a
pay the expenses of the arbitrator appointed by 1 or.
for it and one half-_of the other _ costs of arbitration.
-)
(n)
If an arbitrator or umpire =is unable or unwilling to-act. a new arbitrator or umpire, as the case may be.
~
shall be appointed to act in his or her _ place, in 1
.accordance with the provisions set forth above.
1 L
(o)
All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing 3
party shall send simultaneously a copy.thereof to the opposing party.
-[
12.
This endorsement applies to all claims for damages, costs, j
expenses or other relief or recovery for which coverage is ~
}
sought under this policy, and which 'are first made in writing against any insured on or after the effective ~date s
'of this endorsement stated below.
I i
L 3+,
w.
<3 % ynal c
7g,,
m 1
md tairG made part E
My Farm)'as (k!S-m e is af('ord hereunder.
l
+
. > ;.. u..
lbo Jofm L tir-a
/unencan huclear Inatcra -
10 i
Ef fective Date of this Endorsement _ January 1, 1990 To form a part of_ Policy No.
MF-111
. Issued to Union Electric Company
'Date of Issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC ENERCT LIABILITY UND WRITERS By y
, Endorsement No.
33 countersigned by_
^"*
ME-71 (1/1/90)
L
'i Nuclear Energy Liability insurance b-MUTUAL ATOMIC-ENERGY LIABILITY UNDERWRITERS CHANGES IN SUS $CRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITT ENDORSEMENT CALENDAR TEAR S 1
la It is agreed that with respect to bodily injury, property damage or environmental damage caused, during the effective period of this endorsement, by the nuclear energy hazard!
The word " companies" wherever used in the policy means the subscribing a.
companies listed below.
b.
The policy shall be binding on such companies only, Each such company shall be liable for its proportion, as designated below, c.
of any obligation assumed or expense incurred under the policy because of such bodily injury, property damage or environmental damage, t
1 It is agreed that the effective period of this endorsement is from the beginning 2
j of the effective date of this endorsement stated below to the effective date that E
another " Changes In Subscribing Companies And In Their Proportionate Liability FL Endorsement" changes the Companies and/or their proportions as listed in this 3,E y endorsement, or to the time of the termination or cancellation of the policy, if p.
sooner.
o g
D}3w' Arkwright Mutust Insuronee Comany 21%
.8 Egloyers Insurance of Wauseu, A Mutual Company 21%
'T:j @
f Lunbermens Mutual Casualty comany 30%
3 Liberty Mutuel Insuronce Cogeny 28%
@ c: -
c j
f NOTICE OF ANNAL IEETINGE
[
The annual meetings of Arkwright The annual meetirgs of Enployers g.o C insurance Mutual Company are held Insurance of Wausau A Mutual j *j$
st its home office in Walthan, Conpany, are held at its home
- j S.?2@
Massachusetts, on the second We t esday office in Wauseu, Wisconsin, on
~~
g g of March in each year, at ten
- thirty the fourth Friday of May in each h $D 5
o' clock in the morning.
year, at nine o' clock in the morning.
I N
The annual meetings of Liberty Mutual The annual meetings of Lueermens 33 'G 0d. i. f j Insurance Ccapeny aro held at-its home Mutual Casualty Company are held
- vet, U8 office in Boston, Massachusetts, on at its home office in Long Grove w
O E S.2
- hZ the third Wednesday of Aprit in each Illinois, on the third Tuesday of
$^o C
year, at ten o' clock in the morning.
May in each year, at eleven o' clock
}9 Jjg in the morning, hL5b2.?
44 Effective Date of this Endorsement January 1. 1990 To form a part of Policy No. MF-111 12:01 A.M. Standard time Issued to Union Electric Comoany D9te of issue April 1. 1990 For the Subscribing Companies-MUTUAL ATOMIC GY LIABILITY UNDERVRIT S
- s. oLu,mL By t
~
v i
Endorsement No.
34 Countersigned by
,g o
h Nuclear Energy Uability insurance
. MUTUAL ATOMIC ENERGY UA8luTY UNDERWRITERS WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurror.ce) f Effective ' August 20,
- 1988, 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:
i 1.
With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which j
(a) arises out of'or results from or occurs in the course of the construction, possession, or operation of the j
l 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 s
'(1) any issue or defense as to the-conduct of the claimant or the fault of the insureds, including but' not limited to:
(i) negligence, l
(ii) contributory negligence, (iii)-
assumption of risk, and (iv) unforeseeable
' intervening
- causes, whether.-
'l involving the conduct of a third person, or an ACE-of God, l-(2) any issue or defense as to char'itable or-governmental immunity, and (3) any issue or defense based on any-statute of limitations if suit is instituted within three years from tne date on which the claimant first knew, or j
reasonably could have known, of his bodily injury or property damage and the cause thereof.
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 ME-33b Page 1 of 3 l
. ~ _ _
i
-s (a) bodily-injury or property damage
~which is
' intentionally sustained by the claimant or which a
results from a nuclear incident intentionally and wrongfully caused by the claimant;
~ b).
bodily injury sustained by any-claimant-who is
(
l employed at that site of and in connection with the activity where the extraordinary nuclear occurrence takes ' place if-benefits therefor are eithert payable or required to be provided -under any workmen's l
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.
i 1
only punitive. in nature, this exclusion does not apply to the extent that.tbo claimant has sustained actual damages, measured c/ the pecuniary _ injuries resulting from such deata out not. to exceed the maximum amount otherwise recoverable under law.
3.
-The waivers set forth in. paragraph 1.. above shall be effective only with respect to bodily injury or property damage to which the policy applies. under its terms other.
than this endorsement;
- provided, however,. that with respect to bodily injury or property damage resulting.from an extraordinary nuclear occurrence, Insuring Agreement IV,
" Application of Policy",
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 twenty (20) 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 protection required of the named insured; (b) the agreement of indemnification between the named i
insured and 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 claimant to take reasonable steps to i
mitigate damages.
ME-33b Page 2 of 3
{i, ;,
e
,1 1
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; i
" extraordinary nuclear occurrence" means an event which t
the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic-i Energy Act of'1954, as amended.
" Financial protection" and " nuclear incident" have the' I
meanings given them in the Atomic Energy Act - of 1954',
as amended.
" claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
F 1
P / thm, a tv, o ry of ibe original E*
Eu
- L, a4 b ' t., ;
on w,ter and being made part uG N
':n necrc UAl r; U..g C wiay Form) as da igna he ':.u. No inwtra 13 diord i hereunder.
Jolo 1.
a:r
'is Amurun nau hisuwra Effective Date of l
.this' Endorsement August 20, 1988 To form a part of Policy No. MF-111 l
12:01 A.M.
standare tie.
L Issued to.
Union Electric Company
~Date of issue February 16, 1990 For-the Subscribing Companies MUTUAL AYOMIC ENERGY LIABILITY UNDER By y
Endorsement No.
28 Countersigned by MEq33b Page 3 of 3
Nuclear Energy Liability insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER-OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY l
Effective August 20, 1988, it is agreed that in construing the application of paragraph' 2(b) of the WAIVER OF DEFENSES ENDORSEMENT ME-33b with respect to an extraordinary nuclear occurrence occurring at the
- facility, a
claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to. which no operating license has been issued.by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection r
with the construction of a nuclear ~ reactor, including all related equipment and installations at the facility, and (2) no operating license has been issued by the Nuclear Regulatory Commission with respect to the. nuclear reactor, and (3) the claimant is not employed in connection with the possession,
- storage, use or transfer of nuclear material at the facility.
TB is to cniify that :% is a trw copy of the origital -
p,
- cn@cem u number and being made part
- i Es
, a - ::m u-tw '
PA ' i ci%; Form) as das-in m.
N.ilm m ny aar. ! hereunder.
S.
aa.n t wn:, vce.wanoUmint - o avaicoa hadw Insurm Effective Date of this Endorsement. August 20, 1988 To form a part of Policy No. MF-111 12:01 A.M.
Standard time Issued to Union Electric Company DSte of issue February 16, 1990 For the Subscribing Companies MITTUAL ATOMIC EIGRGY LIABILITY UNDERURI S
By
@ A l N L /b '
Endorsement No.
29 Countersigned by ME-39b
Nuclear Energy Liability insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Restriction of Companies Oblication to Defend.
-Investicate. Neactiate or-Settle Any Claim or Suit (Section 170 0.
of the Atomic Energy Act of 1954,-as amended)
Effective August'20, 1988, it is agreed that whenever, pursuant i
to subsection 170 0.
of the Atomic Energy Act of 1954, as
- amended, an appropriate U.S.
District Court determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of
- 1954, as
- amended, the companies obligations under Insuring Agreement I,
to defend, investigate, negotiate - or settle any claim or suit under the policy do not include'any obligation that would necessitate or result in the companies incurring legal
- costs, including.
costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant to such subsection 170 0.
i t
, e ir e cw; c! the orWnal l
.,.1
- p.. e 2f ^
t m:mber and being made part b
[
', y[hc pot pxiiite Form) as das-
.h. hi rmu.h (mumJ is afi6r d hereunder.
U, M M SdC l.
wan sxwr (muna Effective Date of L
this Endorsement.
August 20, 1988 To fors a part of Policy No. MF-111 l
12:01 A.M.
Standard time I
Issued to-Union Electric Company L
Date of issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC BIERGY LIABILITY IIIDERURITERS By
- T.
1.
N ww Endorsement No.
30 countersigned by l
ME-70 L
l
a.
,. p
-i Nuclear Energy Uability insurance MUTUAL ATOMIC ENERGY UABluTY UNDERWRITERS jfAZyIR OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence) l The named insured. acting;for himself and every othee insured.
under the policy, and the members of Nuclear Energy iiability 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 construction, 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). claimant - or the fault of the insureds, including but any issue or defense as to-the conduct of the not limited to:
(1) negligence, j-(ii) contributory negligence.
l (iii)
- sumption of risk, and l
(iv)
_aforeseeable intervening causes.
whether involving the conduct _of a third person, or an act of God.
(2) any issue or def ense ' :as to charitable or l
governmental immunity, and' (3) any issue or defense based on any statute of limitations if suit is instituted within three~ years L
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.
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, property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant:
ME-33c (1/1/90)
Page 1 of 3 i
d g.
t?
(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 required to be provided under ~ any workmen's compensation or occupational disease _ laws (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 recoverable'under law.
3.
The waivers set _ forth - in paragraph 1.
above_ shall be effective only. with. respect to bodily. injury, property damage or environmental damage to which the policy applies under its terms other than this endorsement provided.
- however, that with respect to. bodily injury, property damage or environmental damage resulting from-an~
extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the ' policy providing. coverage. for bodily - injury, property damage or ~ environmental damage 4
caused during the policy period by the nuclear energy hazard and which is discovered.and for which written claim is made against the insured not later than ten:-(10) years after.the end of the policy period shall not operate to bar coverage for bodily -injury. -property damage or j
environmental damage (a) which. is caused during the policy period by the nuclear energy hazard. and -(b) which is discovered and for which written cialm is made against the insured not later than. twenty (20) years after the date of the extraordinary nuclear occurrence.
Such waivers shall not apply to.
or prejudice the-i 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 protection required of the named insured:
o (b) the agreement of indemnification 'between the named insured and the Nuclear Regulatory Commission made
)
pursuant to Section 170 of_the Atomic Energy Act of 1954, as amended: and t
(c) the limit of liability provisions of subsection 170e.
of the Atomic Energy Act of 1954, as amended.
L Such waivers shall not preclude a defense based upon the l
failure of the claimant to take reasonable steps to l
l mitigate damages.
L
{
j ME-33c (1/1/90)
Page 2 of 3 i
. ~ _..
j 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, property damage or environmental damage to which the policy applies;as proof of financial protection.
5.
As used herein:
" extraordinary nuclear occurrence" 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 amended.
" Financial protection" and " nuclear incident" have. the meanings given them in the Atomic Energy Act of 1954, as amended.
" claimant" means the person or organization actually sustaining the bodily
-i n j u ry,
property damage or.
environmental damage and also includes his assignees,
' legal representatives and other persons or organizations-entitled to' bring an action for damages on account of such~
injury or damage.
TEN -
, cce n,
e
., n. m
, g g y,g E:,,
' h, m,
- nom and Seing made part y c ac:
m e
ic L,, p h,
n,.hFity Emm) as des-hawa n, Iru.am is affar. cf hereunder; a w.m e
MnL a'ra.cn, b Ammican Wuduar imoters Effective'Date of
-this Endorsement January 1.-1990 To form a part of Policy No. MF-111 1
12:01 A.M.
Standard time l
Issued to Union Electric Company i
l
.Date of. issue February 16, 1990 For the Subscribing Companies MITfUAL ATOKIC ENERGY LIABILITY IBIDERURITERS By Y.
b2:8/[
y vr r Endorsement No.
31 countersigned by 1
ME-33c (1/1/90)
Page 3 of 3 s.
m
+-
-a ew-
1 f
Nuclear Energy Liability insurance MUTUAL-ATOMIC ENERGY LIABILITY UNDERWRITERS i
SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed ' that -in construing the application of paragraph 2 (b) of the-WAIVER OF DEFENSES ENDORSEMENT.' NE-33c With. respect to an extraordinary nuclear occurrence occurring at. the.
- facility, a
claimant. who is employed at' the facility.in connection with the construction of a
nuclear reactor - with.
respect to which no operating : license has been issued by' the -
Nuclear Regulatory Commission shall' not-be considered as-employed in connection with the activity where'the extraordinary.
nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection with the construction. of.a nuclear reactor, including-all. related. equipment and installations at the facility, and (2) no - operating license has been issued by the Nuclear Regulatory Commission with respect to the nuclear reactor, and (3) the claimant is not : employed in connection with the
. possession,
- storage, use or transfer of nuclear material at the' facility.
l' cxmt, that th. is a tre copy of the criainal Tht. o 6 a. awn; t. ?cn.h ma number and being made part Ent 1
oida Nue::m Enen 1x W 9 ft 'y Wday Forrn) as des.
egu, 4 noon. No imurara is afic.ed hereunder.
9-c 4
m.
'umni, m nesuaa-Uru e
Anwrkan Nu&ar Insurem Effective Date of this Endorsement January 1, 1990 To form a part of Policy No. MF-111 12:01 A.M.
Standard time Issued to Union Electric Company
'Date of issue February 16, 1990 For the subscribing companies NtffUAL ATOKIC ENERGY LIABILITY UNDER By N
Endorsement No.
32 Countersigned by ME-39c (1/1/90)
t *, -
' Nuclear Energy-Liability insurance MUTUAL' ATOMIC ENERGY UABluTY UNDERWRITERS AMENDATORY ENDORSENENT (Facility Form)
It is agreed that:
1.
INSURING AGREEMENT I is replaced by the following:
I COVERAGE A - LIABILITY To. pay on behalf of the insured all suas which the insured shall become legally obligated to pay < as covered damages because of bodily injury-or property damage, or as covered environmental cleanup costs because of environmental damage.
This coverage applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard,.and which is L
discovered and-for which written claim is made against the L
insured, not later than ten. (10) years af ter the end of
(-
the policy period.
The companies shall have'the right and duty to defend any I
clain or. suit against the insuredFalleging such injury or L
damage. and seeking damages or costs 7which are payable under the terms of thit policy: but the" companies may make such ' investigation, negotiation and settlementa of. the E
claim or suit as they deem expedient.
U L
The companies' duty to defend shall be limited.
-as-described in INSURING AGREEMENT IV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:
(1) damages for on-site property damages (2) recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup-costs:
L (3) performance of an insured's environmental protection obligations or on-site cleanup obligations; or (4) any other relief or recovery except payment of covered damages or covered environmental cleanup Costs.
The companies' duty to defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.
Subject tc INSURING AGREEMENT IV, the companies shall pay, with respect to any claim or suit they defend, the costs
)
incurred in the defense, including (1) costs taxed against the insured in any such suit and interest on any judgment therein:
(2) premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds:
l
~_
t J., ;
(3) reasonable expenses, other than loss of' earnings, incurred by-the insured at the companies' request.-
1 1
COVERAGE B - DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such 4
insured those sums which such insured. would have beant legally obligated to pay as covered damages therefor, had such property belonged to another.
1 COVERAGE-C - SUBROGATION - 0FFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the~ nuclear energy hazard to any employae of an insured, and which is discovered and for which written claim is made against the insured, not later than ten-(10) years after the ond of the policy' period, to pay to the workmen's compensation carrier of such insured as follows:
All sums: which such carrier would have been-entitled ' to recover and retain as damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of. the i
benefits required of such carrier under the applicable workmen's. compensation or occupational disease law.
An employer who is a duly qualified -self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this coverage.
This coverage does not apply to bodily' injury te any person who is employed at and in connection.with the facility: nor shall it constitute workmen's compensacion insurance as required under the laws of any state.
2.
INSURING AGREEMENT II is replaced by the following:
II-DEFINITION OF INSURED The unqualified word " insured" includes (a) the named insured and -(b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear-energy hazard.
Subdivision (b) above does not include as an insured the United States of America or any of its agencies, except i
i the Tennessee Valley Authority.
Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit ic brought.
2
. a 4.
'l a
3.
. INSURING AGREEMENT III is replaced byLthe following:
i, L
III DEFINITIONS Wherever'used in this policy:
" bodily injury" means bodily injury, sickness or disease, 4
including death resulting therefrom, sustained by any j
person.
" covered damages" means damages because of bodily injury L
or property damage to. which this policy. applies:
but-covered-damages do not include environmental cleanup costs or on-site cleanup costs.
" covered environmental cleanup costs" means only those environmental cleanup costs which ' are incurred directly for monitoring, testing for, cleaning up, neutralizing or containing environmental damage as the result of a
transportation incidents but covered environmental cleanup costs do not include on-site cleanup costs.
s
" disposal site" means any structure, basin, excavation, premises or place prepared as a dump or site for the disposal of waste materials of a general nature, but which may also be used for the disposal. of-waste materials containing small amounts of nuclear material.
" environment"- includes land,- the atmosphere, and ' all' watercourses, bodies of. water and natural resources, l,
whether on, above or below the surface of the ground.
" environmental cleanup costs" include all loss, cost or expense arising out of any governmental decree, order or directive (other than an award of covered damages in an action at law) requiring or requesting a person or organization to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination of the environment, whether the contamination is on, above or below the surface of the ground.
" environmental damage" means contamination of the environ-i ment by nuclear material.
L
" environmental protection obligations" include all obligations of any-person or organization 1
(1) relating to the protection of the environnent from contamination or imminent danger of contamination, and (2) imposed by any governmental
- laws, regulations or ordinances.
" governmental" refers to
- federal, state 'and local governments and authorities, including courts, agencies l
and political subdivisions thereof.
3 L
ll
1 4
- ,5
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" indemnified nuclear facility" means t
(1)
"the facility" as defined in any Nuclear. Energy-Liability Policy (Facility Form) issued by Nuclear 1
Energy Liability Insurance Association or Mutual-Atomic Energy Liability Underwriters, or (2) any other nuclear. facility.-
t if financial-protection is required pursuant to. the Atomic: Energy Act of 1954. or any law amendatory thereof.
with respect to any activities or operations conducted tnereat.-
" insured shipment" means a shipment ; of source ' material, special nuclear material, spent fuel, vaste, or tailings or wastes produced by the extraction ' or concentration of uranium or thorium from any ore processed. primarily for its source material content, herein called " material".
(1) to the facility from a nuclear facility owned by the United States of-America, but only if the transporta-tion of the material is.not by predetermination to be interrupted by removal": oft t.the. material from a transporting conveyance. for.rany; purpose other' than -
the continuation of its transportation ~/ or:-
~
(2). from. the facility to any other -location e except an indemnified nuclear facility, but only until th i
transporting ~ conveyance?
material is removed from a for any purpose other than the continuation of its transportation.
" nuclear energy hazard" means the-radioactive, toxic.
. explosive or other hazardous properties of 1 nuclear material',.but only if (1) the nuclear material is at the ' facility or has been e
L discharged or dispersed therefrom without intent to I
relinquish possession or custody thereof to any other person or organization.-or (2) the nuclear material is in an insured shipment which l-is away from any other nuclear facility and is-in t.he course of transportation, including handling and' temporary storage incidental
- thereto, within the territorial limits of the United States of America, its territories or possessions, or Puerto Rico.
" nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters.
The term " nuclear facility" also means (1) any nuclear reactor.
(2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium.
4
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(b)- processing or utilizing spent fuel, or (c) handling. processing,or packaging waste.
-(3) any equipment _ or device used for the~ processing, fabricating or alloying of special nuclear material if - at.any-time the tota 1Lamount of - such. material in 1
the-custody of the. insured at the premises where such equipment or device is - located consists of or
-contains more than 25 grams of plutonium or uranium 233. or any combination thereef, or more than 250 grams of uranium 235, (4) any structure, basin, excavation, premises or place prepared or used for the storage; or disposal -of
- waste, and includes _ the site on.which any of-the forogoing is located, all operations conducted on such site - and all I
premises used.for such operations.
" nuclear material" means source material.- special nuclear I
i material or byproduct material.
-" nuclear reactor" means any apparatus designed.or used to sustain nucisar fission or a self-sustaining chain reaction or to contain a critical mass: of fissionable
-material.
"on-site cleanup costs" include all loss, cost or expense arising out of on-site cleanup obligations..
"on-site cleanup obligations" include' all obligations of any person or organization, imposed by common law or otherwise, to undertake or pay - for monitoring, testing for, cleaning up, neutralizing or containing contamination by~ nuclear material at the facility, whether the material-is on, above or below the_ surface-of the-ground.
"on-site property damage" includes all property damage to any property at the facility, whether the property is-on, above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use, provided such aircraft, watercraft or vehicles are not
.used in connection with the operation of the facility.
" property damage" means physical injury to or destruction or radioactive contamination of property, and loss of use of property so injured, destroyed or contaminated, and loss of use of property while evacuated or withdrawn from because possibly so contaminated or because of use imminent danger of contamination.
" source material,"
and
" byproduct material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof.
5
4
+
1
" spent' fuel" means any-fuel. element: or fuel' component, solid or.' liquid, which has' been used or exposed to radiation in'any nuclear reactor.
"the -facility" means the f acility - described - in the declarations and includes the location designated in Item' 3.of-the' declarations and all property and operations-at such location.
~
r
" transportation incident" means a discharge or dispersal f
of. nuclear material from an insured shipment caused by collision.or upset of the transporting conveyance. -or an.
accident that breaks open, punctures or ruptures the 4
shipping containers or containment.. thereon but only if both the discharge or dispersal and the collision upset
.or accident.take place away from any nuclear facility and a
away from any disposal site, and both occur in the course of the transportation, including handling. and temporary storage incidental.thereto.
4
" waste" means any waste material 1
(1) containing byproduct < material and (2) resulting from the operation by any person - or
. organization of any nuclear. facility included within the definition of nuclear facility under paragraph (1) or (2) thereof.
4.
INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the
" Amendment of Coverage Endorsement for Workers Claims (Facility Form)"
continues to apply:
IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIM 8'OR. SUITS The-following provisions apply with respect to any L
partially covered claim or suit for which the companies' duty to defend has been limited by INSURING AGREEMENT I:
(1)
The companies will defend the claim or suit un1' ss e
the companies. and the first named insured mutually agree on a different defense arrangement..
By making such a defense, the companies shall not be considered as having waived their rights under this policy to deny payment or reimbursement of the items not covered.
(2)
As soon' as practicable, the first named insured,
. acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.
(3)
The companies' share of defense costs shall not exceed the portion of the total defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of the claim or I
i 6
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suit, in the absence Of any claim or demand for the itene not covered.
I (4). The companits _ shall have a_right to contribution from the first named insured for all defense costs as they' are incurred in' excess of the-amount of the l
companies'
- share, including reimbursement by -the first-named insured of all such excess costs paid by the companies.
(5)
If the companies and the first named insured cannot agree on the companies' share of defense costs, the dispute.shall be submitted, as a condition precedent to any right of. recovery on this policy, to arbitra-t tion.for a final and binding. resolution, as provided-in Condition 19.
5.
In EXCLUSIONS (d) and (e), and in all endorsements to this policy relating thereto, the words
" bodily injury or property damage" are replaced by " bodily injury, property damage or environmental damage."
6.
EXCLUSION (f) is replaced by the following exclusion:
J (This policy does not apply:]
s (f) to on-site property damage:
7.
In CONDITION 3, and in all endorsementsv to this-policy.
modifying the dollar amount - of the limit of '. liability
.i stated in Item 4 of the declarations, the words " bodily
. injury or property damage" are replaced by " bodily injury, l
property damage or environmental damage."
8.
In CONDITION 4.
and -in. all: endorsements - to this policy-modifying the dollar amount of the total aggregate liability of the ' companies with. respect to a common 3
occurrence:
l (a) the words
" bodily injury or replaced by
" bodily injury, property damage" are property damage or environmental damage": and E
(b) the words " bodily injury and property damage" are replaced by
" bodily injury, property damage and
^
environmental damage."
i 9.
In CONDITIONS 5, 11, 15 and 18..and in all endorsements to this policy relating thereto. the words " bodily injury or n
property damage" are replaced by " bodily injury, property.
p damage or environmental damage."
10.
CONDITION 19, DECLARATIONS.
and CONDITION 20 MUTUAL POLICY CONDITION, are renumbered CONDITIONS 20 and 21.
)
11.
The following CONDITION is added to the policy:
19 ARBITRATION OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT IV 7
~"
L f-18 1 All such _ disputes subject ~ to paragraph. (5) of INSURING AGREEMENT IV-shall.be submitted to a Board of Arbitration l
(the 1" Board")- forf a final andL binding resolution of: the t
dispute..
There shall'be two parties to the arbitration:.
L the first named-insured, acting on behalf of -all insureds - as-their duly authorized representative,_ and Nuclear Energy l.'
Liability Insurance Association.. acting on behalf of the companies as their duly authorized representative.
i i
Except - to the extent the parties mutually 1 agree otherwise,~the following principios will apply:
(a)
The arbitration 'will take place in New York, New
-York, and will to governed by the ~1aws of the - State of New York.-
-i (b)
Either party may begin the process of arbitration by 1
giving notice.to the other party in writing of its intention to - do so and the name of ' the arbitrator that it has appointed.
(c)
The other. party shall then appoint 'in writing an arbitrator, and the arbitrators shall appoint in:
writing an umpire before.they begin' the arbitration. -
The unpire shall act as chairmenrof the Board.
.(d)
If a party. fails to name itsrtarbitrator within thirty (30) days of the otherr. party:'s.i written request that it do so, ' the requesting cparty may appoint!an arbitrator for the party in'defaulti (e)
If the two arbitrators fail to agree ;on-the -
selection of an umpire within thirty (30) days after they have both been appointed, each - of them shall name two, of whom the other shalltdecline one.
The choice shall.be made-by drawing lots.
(f)
The arbitrators and umpire - shall: be executive o
officers or former executive officers, of ' insurance companies licensed to do business in the United l
States or of organizations designated as ' the first named insured under a Nuclear Energy Liability Policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability i
Underwriters: provided that the current employees of i
the following shall not be eligible for' service without the consent of both parties:
(1) any party or likely party to the underlying claim or suits (2)
American Nuclear Insurers, MAERP Reinsurance Association or their members or (3) any other insurer or reinsurer which has i
casualty insurance or reinsurance in force on p
any of the foregoing which may be materially affected by the Board's decision.
(g)
Within thirty (30) days after the appointment of the 8
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umpire, each - party shall submit.its case in writing to the Board.
(h)
The Board shall determine its' rules of procedure. :and-
.the nature and extent of -any discovery, testimony,
. examination or cross-examination of witnesses and
' oral argument permitted.
The ~ decision of fany' two members of the Board shall be final and binding on all parties.
All discovery, submissions of evidence..-
. hearing of witnesses and argument shall be completed within sixty (60) days of the appointment-of the.
umpire, provided'the Board may grant one extension of 1
thirty (30) days, (i)
The arbitrators and the umpire are not to be bound by o
any _ strict rules of legal procedure. -evidence or-legal precedents.
They shall, however, be governed t
by the terms of.this policy, and shall'have no power to add to or. change its provisions.- subject to this admonition.
.they shall interpret-the relevant
-provisions of this poli:y as an honorable business
. agreement, and shall be entitled to decide, in accordance with such provisions ~ together; with the-other materials submitted to them, what they think is the fair and right thing to be done 'between the-parties from a business point of view, without i
favoring the interest of either party.
(;
(j)
The Board shc11 make its award in writing within thirty (30)- days after the close of the period, including any extension granted.- described in e
paragraph (h) above.-
(k)
If. the Board fails to make an award within the time prescribed by paragraph (j) above, then unless an 4
extension is agreed to ' by. the parties.
a new arbitration shall be commenced and completed ~ in accordance with the procedure set out in paragraphs (a) through (j) above.
(1)- The award of the Board signed by any ' two members shall be final, not subject to appeal and binding on all parties, including all insurers subscribing. the L
. policy and all insureds thereunder.- The award-shall be treated as a matter involving interstate commerce.
L and may be filed or confirmed in any court ' of competent jurisdiction, state-or
- federal, and L
judgment thereon entered and enforced, in accordance with the law and practice of the forum.
(m)
Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it and one half of the other costs of arbitration.
L (n)
If an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.
(o)
All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a copy thereof to the opposing party, 9
l
I
. (m).Unlessl the Board -decides otherwise, each party shall-pay the expenses of the arbitrator appointed by or for it and one half of the other costs of-
' arbitration.
(n)~ If an arbitrator or umpire is unable or. unwilling-to act. a new arbitrator or umpire, as the case may be, shall be appointed t'o act. in his or her place, -in accordance-with.the provisions set forth above.
(o)
All materials relevant to the arbitration shall be-q submitted to the-Board- -in triplicate and the filing party shall'. send simultaneously a-copy theLreof to the-
. opposing party.
j
.12.
This endorsement applies to all claims for damages, cost's,
. expenses or other relief or. recovery for which coverage is sought under. this policy, and which - are first ' made in writing against any insured on~or after the effective date
'of this-endorsement stated below.
to certH1 th" r!< > s, a true copy of the original
- i TL E+wn.w heer' m IW m Po! icy (jwdity Form) as des-
& en:iwmc:ot nunkt and being made part l
rJ t w :!c:x h is.,iw
, tu" No I n.:nw is aflor//.i hereunder.
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Americc...ucka: Insurers 10 l
Effective Date of this Endorsement
' January 1, 1990 To form a part of Policy No, MF-111 Issued to' Union Electric Company Date of. Issue February 16, 1990 For the Subscribing Companien MUTUAL ATOMIC ENERCT LIABILITT UND WRITERS By
~
Endorsement No.
33 countersigned by_
ME-71(1/1/90)
Authorized Representative
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS CHANCES IN SUBSCRIBING COMPANIES AND IN THEIR PROPORil0NATE LIABILITY ENDORSEMENT 1
CALENDAR YEAR 1o90 1.-
It is agreed that with respect to bodily injury, property damage or environmental damage caused, during.the effective period of this endorsement, by the nuclear-energy hazard:
The vord " companies" wherever used in the policy means the subscribing a.
companies listed below.
j l
b..
The policy shall be binding on such companies only.
Each such company shall be liable for its proportion, as designated below, c.
of any obligation assumed or expense incurred under the policy because of such bodily injury, property damage or environmental damage.
f.
It is agreed that the effective period of-this endorsement is from the beginning R
of the effective date of this endorsement stated below to the effective date-that another " Changes ~In Subscribing Companies And In Their Proportionate Liability
~j f 8 Endorsement" changes the Companies and/or their proportions as listed in this p 2 ^ gendorsement, or to the time of the termination or cancellation of the policy, if o7 7 sooner.
1 8
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" 2" Arkwright Mutual Insurance Co@any 21%
o E g loyers Insurance of Wausau, A Mutual Ccapany 21%
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Liberty Mutual Insurance Company 28%
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Lunbermens Mutual Casualty Conpany 30%
ov 15 > B f
NOTICE OF Assam. IEETINGE ra
>Fj 8 3
The amust meetings of Arkwright The annual meetings of E g loyers
'g MC Insurance Mutual Company are held Insurance of Wausau A Mutual j*hh at its home office in Waltham, Company, are held at its home
- I.m t
Massachusetts, on the second We @ esday office in Wausau, Wisconsin, on h' [ o*
- h24,g of March in each year, at ten thirty the fourth friday of May in each o
r; o' clock in the morning, year, at nine o' clock in the morning.
3 k Lb N
g.= w r:
-7 The annual meetings of Liberty Mutual The annual meetings of Lumbermens ca ~E '$ 8 d j.
Insurance Company are held at its home Mutual Casualty Company are held V
'p
]EM of fice in Boston, Massachusetts, on at its haue of fice in Long Grove O
3 6 j.c f
the third We&esday of April in each Illinois, on the third Tuesday of e 7, c
F year, at ten o' clock in the morning.
May in each year, at eleven o' clock j f;
- Uf in the morning.
@ LO T S 4.
Effective Date of this Endorsement January 1. 1990 To form a part of Policy No. MF-111 12:01 A.M.
Standard time Issued to Union Electric Company Date of issue April 1. 1990 For the subscribing companies MUTUAL ATOMIC GY LIABILITY UNDERVRIT S
..z. aLu,sk By e
i i.
Endorsement No.
34 Countersigned by v
- 7. -
A['
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(
)
Nuclear Energy Liability insurance' NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION-ENDORSEMENT TO CERTIFICATE NO. N-95 Forming Part of Master Policy'No.
1 Nuclear Energy Liability Insurance (Secondary Financial Protection) i It is agreed that effective August 20, 1988:
I.)
Subparagraph (c) on Page 1.of the certificate is amended to I
read as follows:
(c) to' bodily iniurv or oronerty damace (1) with. respect to which the crimarv financial orotection described in Item 4 of the Declarations.
would apply but for i
(i) axhaustion of its limit of liability as described in Condition 6
of the Master Policy, or (ii) the application of Insuring Agreement IV,
" Application ~ of Policy" of the primary financial protection, as amended by paragraph 3
of the Waiver of Defenses Endorsement attached thereto, and I
i (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident-arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations,.and (3) which is discovered and for which written claim is made against the insured not later ' than ten (10) years after the end of the. certificate period stated in Item 6
of the Declarations.
However,, this subparagraph (3) shall not operate to bar coverage for bodily iniury or property damace caused by an extraordinary nuclear occurrence.
II.)
Item 4. (b) of the certificate is deleted.
III.) Item 7.
of the certificate is amended to read as follows:
'HE-S-14 Page 1 of 2
yo
'h ll 5-y-
t Item 7.
. Maximum ' retrospective premium (exclusive of?
allowance for premium taxes) payable pursuant to Condition 2 o f.. t h e M a s t e r ~ Policy with respect to each nuclear incident:.$51,266 250.
r i
THIS IS TO CERTIFY ThAT THIS IS A TRUE COPY OF THE ORIGINA CERTIRCATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MAS EH POLICY-NUCLEAR EN LIABIL TY lhSURANCE (SECONDARY FlhCIAL PROTECTION). NO INSUR. ' ICE 18 / GORDE.' B' '
Ka'h
'UI dC G.t F?ad DENT-UNDERWRITING AMERICAN NUCLEAR IN3URERS Effective Date of I
this Endorsement August 20, 1988 To form a part of Certificate No. N-95
)
12:01 A. M. Starsierd time Issued to Union Electric Company j
Date of' Issue March 23, 1990 For the S bs ribing C
- anies, l
By 4tesident Endorsement No.
11 Countersigned by
,W.
CM y
vr s NE-S-14 Page 2 of 2 j
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t j y,:
Nuclear Energy Uability Insurance-I NUCLEAR ENERGY. UABluTY INSURANCE ASSOCIATION q
ENDORSENENT TO CERTIFICATE NO.
N-95 FORMINO PART OF' MASTER POLICY NO. 1 NUCLEAR ENEROY LIABILITY INSURANCE (Secondary Financial Protection) q
\\
1.
In paragraph (c) on Pages 1 and 2 of-the certificate. and in-all endorsements to the certificate relating thereto, the words " bodily injury or property damage" are amended to read iniurv, nrenarty damane or environmental damana".
j
" bodily
}
2.
This; endorsement applies to all' claims for damages,. costs.
expenses or other-relief or recovery for which coverage.is sought under the policy, and which are first made in writing against. any insured-on or after the effective date of this endorsement stated below.
1
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T!Uf; G 70 CSM ba? THG $ 5 T%i 00' J OF THE OPJGP;AL 1
1 CCRT;MO-. IN i.r ' ' L ' c, Y av ;iD HEEON, F0il
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Effective Det'e of this Endorsement January 1, 1990 To form a part of Certificate No. N-95 12:01 A. M. Standard time Issued to Union Electric Company
'Date of Issue March 23, 1990 For the S s ribing
- les, By N-r A
\\ pman.C
//
Endorsement No.
12 Countersigned by NE-S-18(1/1/90)
g...
..........,,,,,,3 A
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i Nuclear Ener0y Uability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION l
ENDORSEMENT TO CERTIFICATE NO. N-95 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance i
(Secondary Financial Protection)
It is agreed that effective August 20, 1988
[
I.)
Subparagraph (c) on Page 1 of the certificate is amended to read as follows:
(c) to bodily iniurv or nronerty damaae i
(1) with respect to which the crimary financial nrotection described in Item 4 of the Declarations would apply but for (i) exhaustion of its limit of liability as described in Condition 6
of the Master Policy, or (ii) the application of Insuring Agreement IV,
" Application of Policy" of the crimarv financial orotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated i
in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the and of the certificate period stated in Item 6
o" the Declarations.
- However, this subparagraph (3) shall not operate to bar coverage for bodily iniury or oronerty damaae caused by an exe n nrdir.ary nuclear occurrence.
II.)
Item 4. (b) of the certificata is deleted.
III.) Item 7.
of the certificate is amended to read as follows:
NE-S-14 i
Page 1 of 2
1 f-
[l Item 7.
Maximum retrospective premium (exclusive et allowance for premium taxes) payable purs' c.4 to Condition 2 of the Master Policy wwh respect to each nuclear incidentt
$51,266,250.
i THlS IS TO CERfifY THAT THIS is A TRUE COPY OF THE ORIGINAL r,ERT!HCATE. CEARW3 lHE NutSER DESIGNATED HEREON, FOR iNSUMNCE COVERAGE UNDER THE t/ASTfR POL!CV-NUCLEAR ENERGY li'OL' 'Y l" UN vCc mCCNMRy FIN /[;tAL FROTECTION). NO I
3
. rlh!: ENT-llNDERd91 TING UERICAN NUCLEAR IN3URERS 1
Effective Date of this Endorsement August 20, 1988 To form a part of Certificate No._N-95 12401 A. M. Standard time Issued to Union Electric Company Date of Issue March 23, 1990 FortheSb[ribingC
- antes, By W esident Endorsement No.
11 Countersigned by
.W.
se%1C y
vr w NE-S-14 page 2 of 2
~
~. _ _
~ _.
Nuclear Energy Wability insurance NUCLEAR ENERGY UABluTY INSURANCE ASSOCIATION ENDORSENENT TO CERTIFICATE No.
N-95 FORNING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 1.
In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certificate relating thereto. the words " bodily injury or property damage" are amended to read
" bodily iniurv, oroperty damage or environmental damame".
2.
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or af ter the effective dato of this endorsement stated below.
4 e
TH!S n TO CETITIFY Di/<T Th10 m ; TW COPY OF THE ORIGINAL CERTF10AE PDUa
'E im O'Ut D ";;aTLo HEhEON, FOR INSURANCE C0\\TGGL tPr.di H, f.'"' mn POUCONUOLEAR ENLRGY uf g ryj., w 7 g p w py rp:,, g;c PaOTECTION). NO i
dis un ' c G /a X ' ur Tnl.:. COP'/
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c.Seca u.E rasG Effective Det'e of this Endorsement Janua n 1, 1990 To form a part of Certificate No. N-95 12:01 A. M. StendnN tles Issued to Union Electric Company Date of' Issue March 23, 1990 For the S s ribing C
- ies, By hW-A
\\Penn H
.%.h'W.V Endorsement No.
12 countersigned by
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NE-S-18(1/1/90)
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i Nuclear Energy Uability insurance MUTUAL ATOMIC ENERGY UA8luTY UNDERWRITERS
)
ENDORSEMENT T0 CERTIFICATE No. M-95 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
It'is agreed that offactive August 20, 1988 I.)
Subparagraph (c) on Page 1 of the certificate is amended to read as follows:
(c) to bodily iniurv or crecerty damaae (1) with respect to which the crimarv financial nrotection described in Item 4 of the Declarations would apply but for (i) exhaustion of its limit of liability as described in condition 6
of the Master Policy, or L
(ii) the application of Insuring Agreement IV, l
" Application of Policy" of the Drimarv financial erotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear i.
reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the inp_ungd not later than ten (10) years after the and of the certificate period stated in Item 6
of the Declarations.
However,- this subparagraph (3) shall not operate to bar coverage for bodily iniurv or procerty damaae caused by an extraordinary
[
nuclear occurrence.
II.)
Item 4.(b) of the certificate is deleted.
1 i
III.) Item 7.
l of the certificat,e_ is amended to read as follows:
l ME-S-14 Page 1 of 2
3 4
Item 7.
Maximum retrospective premium (exclusive of
)
allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with i
respect to each nuclear incident!
$ 14,883,750.
THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERilFICATE. DEAR'NO THE NUlJFiER DES)GUATED HEREON, FOR INSURANCE COVERAGE UNDER THE 1/AST
'.R POUCY N'JCLEAR ENERGY UABILi'Y INSURANCE GLOONDARY F!NA lAL PROTECTION). NO INSUiB 'CE (gl n0RDd BY ' " ^" _
JOHN
'UdTkdOH, VICE PRLdlDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement August 20, 1988 To form a part of Certificate No._M-95 12:01 A.M. Standard time Issued to Union Electric Company Date of issue March 23,1990 For the Subscribing Companies MUTUAL ATONIC ENERGY LIABILITT ERURTYERS By W bub 243 1
Endorsement No.
11 Countersi ed by ME-S-14 Page 2 of 2
e Nuclear Energy Uability insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE No.
H-95 YORMING PART OF MASTER POLICY No. 1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 1 1.
In paragraph (c) on Pages 1 and 2 of the eartificate. and in all endorsements to the certificate relating thereto, the i
words " bodily injury or property damage" are amended to read
" bodily i n iury, erecerty damane or environmental damana".
2.
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.
THIS IS TO CERTIFY THAT THIS iS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEAR!NG THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY NUCLEAR ENERGY tl ABILITY INSURANCE (EECONDAR FINANCIAL PROTECTION). NO
'3UT1ANCE IS AFF RD PY.
.. 1 Wi b N k _ PRESIDENT-UNDERWRITIN AMERICAN NUCLEAR INSURERS l
,,..: v.
Effective Date of i -
this Endorsement January 1, 1990 To form a part of Certificate No. M-95 12:01 A.M.
Stannard tine Issued to Union Electric Company Date of issue March 23, 1990 For the Subscribing Companies nuruAL u ouIc numCY LIABILITT URITERS L
.s.@AA, Endorsement No.
12 Countersigned by _
a q-ME-S-18(1/1/90)
L
1 o
j l
o Nuclear Energy Uability insurance MUTUAL ATOMIC ENERGY UA8luTY UNDERWRITERS ENDORSEMENT TO CERTIFICATE NO. M-95 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
It'is agreed that effective Aug'st 20, 1988:
u I.)
Subparagraph (c) on Page 1 of the certificate is amended-to read as follows:
(c) to bodily iniurv or crecerty damaae (1) with respect to which the crimary financial crotection described in Item 4 of the Declarations would apply but for (i) exhaustion of its limit of liability as described in condition 6
of the Master Policy, or (ii) the application of Insuring Agreement IV,
" Application of Policy" of the crimary financial orotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated l
in Item 6 of the Declarations by a nuclear incident L
arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured _ not later than ten (10) years after the end of the certificate period stated in Item 6
of the Declarations.
- However, this subparagraph (3) shall not operate to bar coverage for bodily iniurv or procerty damace caused by an l
extraordinary nuclear occurreneg.
II.)
Item 4. (b) of the certificate is deleted.
F III.) Item 7.
b of the certificate is amended to read as follows:
~
ME-S-l4 Page 1 of 2
a Item 7.
Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with l
respect to each nuclear incident:
$14,883,750.
i 1
TH'S 13 TO Cf:ilitiV THAT TH!S IS A TRUE COPY OF THE ORIGINAL CERTtriCATE. BEAR!NG THE NUMBER DESIGNATED HEREON, FOR INSb3ANCE COVERAGE UNDER THE MAMER POLICY-NUCLEAR ENERGY LIAGM 'TY INSURANCE (SECONDARY Fl?//CIAL PROTECTION). NO INSUT, NCE OF' g
JOH!,
lUATiHOCCHf VICE FRc.StDENT UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of
)
this Endorsement August 20, 1988 4
To form a part of Certificate No. M-95 12:01 A.M. Steerd time Issued to Union Electric Company t-l
'Date of issue March 23, 1990 For the Subscribing Companies 1-MtrfDAL ATOKIC EMRCT LIABILITY ERURITERS By T&
U/c-18C\\
i Endorsement No.
11 Countersi ed by l
ME-S-14.
Page 2 of 2
o.
o-Nuclear Energy Liability insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ENDORSEMENT To CERTIFICATE No.
H-95 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 1.
In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the eartificate relating thereto, the words " bodily injury or property damage" are amended to read
" bodily in iurv. erocerty damane or environmental damane".
2.
This endorsement applies to all claims for damages. costs.
expenses or other relief or recovery for which coverage is sought under the policy. and which are first made in writing against any insured on or after the effective date of this endorsement stated below.
l l
l l
THis IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL l
CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, TOR INSURANCE COVERAGE UNDER THE MASTER POLICY NUCLEAR ENERGY L ABILITY INSURANCE (SECONDARYJJtNANCIAL PROTECil0N). NO l
!! :URANCE IS AFF9DED RV THIS//DPY.
l
..g.
N/m_C I
'., PRESIDENTbDER5'P T!NG VR AMERICAN NUCLEAR INSURERS i
l i
Effective Date of this Endorsement January,1, 1990 To form a part of Certificate No. M-95 l
12:01 A.M. stanonrd eine Issued to Union Electric Company Date of issue March 23, 1990 For the Subscribing Companies
- -@ir, S,
Endorsement No.
12 Countersigned by J
a 7 ME-S-18 (1/1/90)
L L.
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