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GLD052313
0049-GLD-000052313
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Prudential
Reinsurance Company
Excess Liability Policy
Policy No.: pMX 00167
Prior No.:
00084
Producer: Marsh & McLennan, Inc.
1221 Avenue of~the Americas
HOME OFFICE PO. Box908 213 Washington Street Newark, New Jersey 07101
Item 1. Insured's Name and Address SCM Corporation, Etal 299 Park Avenue New York, NY 10171
__________ New York, NY 10020
DECLARATIONS
Code:
(As per underlying insurance as described in Item 5. of this policy.)
item 2. Policy Period - From: January 1, 1984
To: January 1, 1985
(12:01 A.M. Standard Time at the address of the Insured as stated herein)
Item 3. Coverage/Limits of Liability
This policy covers with respect to those coverages indicated below, and shall apply only as excess of the UNDER
LYING LIMITS and then only up to the amount of THE COMPANY'S LIMITSOF LIABILITY, shown below:
THE COMPANY'S
COVERAGE
UNDERLYING LIMITS
LIMITSOF LIABILITY
Excess Umbrella Liability
$74,000,000. each occurrence and annual aggregate where applicable excess of various underlying primaries and/or Self-Insured Retentions
$2,500,000. part of $25,000,000. each occurrence and annual aggregate where applicable excess of UNDERLYING LIMITS
Item A. Premium: A) Deposit: $2,000.
B) Annual Minimum: $2,000.
Rate: ------Premium Basis:
Flat Charge
item 5. Schedule of underlying insurance: Hartford Insurance Company Umbrella Liability Policy No. (to be determined).
Item 6. Endorsement Number(s) Attached -
2/27/84 cmf Date
#1; GCC 155, GCC 029, GCC 157 Dryden & Company, Inc., Underwriting Manager
Authorized Signature
PRC 2 (Ed. 7-80)
GLD052314
0049-GLD-000052314
Prudential Reinsurance Company
Policy No,
00167
In consideration of the premium charged, it is agreed Item 1. of the Declarations, Insured's Name, is amended to read:
"SCM Corporation, all subsidiaries and subsidiaries of the subsidiaries, SCM Foundation, any other company of which it assumes active management and any employer-sponsored employee association or clubs of the Named Insured and Sylvachem Corporation, Jotun Marine Coatings and Compania Envasadora Loreto S.A. as Joint Ventures,"
It is understood and agreed that this policy is hereby amended as indicated. All other terms and conditions remain unchanged.
SCM Corporation, Etal Name of Insured..
Endorsement #1
Producer: _
Marsh & McLennan, Inc.
Effective Date 1/1/84
2/27/84 cmf
Dryden & Company, Inc Underwriting Manager
Authorized Signature
PRC 3 (Ed. 7-ao>
GLD052315
0049-GLD-000052315
Prudential
Reinsurance Company
Policy No.: f'MX 00167 Page 1 of 2
STATE OF NEW YORK
MANDATORY ENDORSEMENT
Attached to and Made a Part of
Excess Liability Policy Form PRC 1 (Ed. 7-80)
It is hereby agreed that:
1. Notwithstanding anything in this Policy to the contrary, with respect to such insurance as is afforded by this Policy, the terms of this Policy as respects coverage for operations in the State of New York shall conform to the coverage requirements of the applicable insurance laws of the State of New York or the applicable regulations of the New York Insurance Department; provided, however, that the Company's limit of liability as stated in this Policy shall be excess of the limits of liability of any underlying insurance or self-insurance as stated in the Declarations or in any endorsement attached hereto.
2. Item IV, NOTICE OF OCCURRENCE of the TERMS AND CONDITIONS of the Policy, is amended to include the following two paragraphs:
"It is hereby agreed that notice given by or on behalf of the Insured, or written notice by or on behalf of the Insured to any agent of the Company sha1! be deemed notice to the Company.
It is understood and agreed that this policy is hereby amended as indicated. All other terms and conditions remain unchanged.
SCM Corporation, Etal Name of Insured:.
Endorsement:
#2
Producer:. Marsh & McLennan, Inc.
Effective Date: 1/1/84
2/27/84 cmf
Dryden & Company, Inc. Underwriting Manager
GCC 155
Authorized Signature
per* % iFa 7-am
GLD052316
0049-GLD-000052316
Prudential Reinsurance
Company
PMX 00167 Policy No.:
.Page ?. of 2
Failure to give notice required by the terms of this policy within the time prescribed shall not invalidate the Policy if it is not reasonably possible for the Insured to give such notice within the prescribed time and such notice is given as soon as is reasonably possible."
3. This Policy does not apply to assault and battery.
4. The followinq part XIV "ACTION AGAINST THE COMPANY" is added to the "TERMS AND CONDITIONS" of the policy:
"XIV ACTION AGAINST THE COMPANY"
No action shall lie against the Company unless, as a condition precedent
thereto, there shall have been full compliance with all terms of this policy,
nor until the amount of the Insured's obligation to pay shall have been finally
determined, either by judgment against the Insured or by written agreement of
the Insured, the claimant and the Company. Any person or organization or the
legal representative thereof who has secured such judgment or written agreement
shall thereafter be entitled to recover under this policy to the extent of the
insurance afforded by this policy. No person or organization shall join the
Company as a co-defendant in any action against the Insured's liability, nor
shall the Company be impleaded by the Insured or his legal representative.
Bankruptcy or insolvency of the Insured shall not relieve the Company of any of
its obligations hereunder."
*****
It is understood and agreed that this policy is hereby amended as indicated. All other terms and conditions remain unchanged.
Name of Insured
SCM Corporation, Eta!
nEndorsement..
Producer:
Marsh & McLennan, Inc.
Effective Date: 1/1/84
2/27/84 cmf GCC 155
Dryden & Company, Inc. Underwriting Manager
______________________________________________ Authorized Signature
PRC 3 (Ed. 7-80)
GLD052317
0049-GLD-000052317
Prudential Reinsurance Company
PMX 00167
AMENDMENT OF CANCELLATION CONDITION
Except with respect to cancellation for.non-payment of premium, it Is agreed that the second sentence of policy Condition XIII Cancellation is amended to read as follows:
This Policy may he cancelled by Gibraltar by mailing to the Insured, at the address shown in this policy, written notice stating when, not less than sixty (60) days thereafter such cancellation shall be effective.
It is understood and agreed that this policy is hereby amended as indicated. All other terms and conditions remain unchanged.
SCM Corporation, Etal Name of Insured:.
#3 Endorsement:.
Producer:
Marsh & McLennan, Inc.
1/1/84 Effective Date:,
2/27/84 cmf
Dryden & Company, Inc. Underwriting Manager
SCC 029
Authorized Signature
PRC 3 (Ed. 7-SO)
GLD052318
0049-GLD-000052318
Prudential Reinsurance Company
Policy No, -PML0016Z.
FOLLOWING FORM ENDORSEMENT
It fs agreed that this policy shall follow the Terms and Conditions of the policy scheduled in the Schedule of. Underlying Insurance of the policy Declarations in force on the inception date of this policy, and all preprinted Terms and Conditions of this policy are amended to be consistent with those of the policy scheduled in the Schedule of Underlying Insurance; provided, however, the foregoing shall not apply to the provisions of (1) the policy Declarations, (2) the Notice of Occurrence and Cancellation paragraphs ofthe policy Terms and Conditions, and (3) any Endorsement to this policy.
It is understood and agreed that this policy is hereby amended as indicated. All other terms and conditions remain unchanged.
Name of insured:
SCM Corporation, Etal
Endorsement:. #4
Producer:. Marsh & McLennan, Inc.
Effective Date:. 1/1/84
2/27/84 cmf
Dryden & Company, Inc. Underwriting Manager
GCC 157;
Authorized Signature
PRC 3 (Ed. 7-aO)
GLD052319
0049-GLD-000052319
Prudential Reinsurance Company
Policy No.: PMX 00167
In consideration of the premium charged, it is agreed, Endorsement #1, Insured's Name, is amended, in part, as follows:
DELETE: Ootun Marine Coatings
It is further agreed. Item 5. of the Declarations, Schedule of Underlying Insurance, is amended to read:
Hartford Insurance Company Umbrella Liability Policy Policy No. 10HUJC1040.
It is understood and agreed that this policy is hereby amended as indicated. All other terms, and conditions remain unchanged.
Mair,o nf tncurgrl- SCM Corporation._Eta 1 Endorsement' __jr5
Prnd.irpr- Marsh & McLennan , Inc.
Effective Date-
1/1/84
3/30/84 gse
Dryden & Company Inc., Underwriting Manager
Authorized Signature
enc 3 (Co. 7-80)
GLD052320
0049-GLD-000052320