Document B5LVoRDzx6Byd47zEQwMqXRoJ

PRODUCER NUMBER * 0170496 100 DATE OF ISSUE 12/5/77 6-71-82mo 6-71-82mo 6-71-82mo a RENEWAL OR REPLACEMENT NO | JU 0175 Part Two. This page and Declarations page and Coverage Part attached hereto completes the below numbered Item DECLARATIONS POLICY NUMBER JU 0277 1 NamedNamed InsuredInsured ADDRESS Number & Street Town County State & Zip No. 2 | Policy Period OFTHE NAMED INSURED AS STATED HEREIN From PRODUCER Agent or Broker Office Address Town and State - JOHNSON & JOHNSON - 501 GEORGE STREET . NEW BRUNSWICK NEW JERSEY 08903 - 1/1/77 To - L. W. BIEGLER INC 1/1/78 - 100TH SEARS TOWER . 233 SOUTH WACKER DRIVE CHICAGO ILLINOIS 60606 ([] UNITED STATES FIRE INSURANCE COMPANY THE NORTH RIVER INSURANCE COMPANY WESTCHESTER FIRE INSURANCE COMPANY OU INTERNATIONAL INSURANCE COMPANY CRUM & FORSTER INSURANCE COMPANIES ADMINISTRATIVE OFFICES MORRISTOWN N.J. Description and Location of Risk The limit of the company's liability shall be as stated herein subject to all of the terms of this policy having reference thereto COVERAGE OR CONDITIONS AMOUNT OF INSURANCE PREMIUM EXCESS UMBRELLA LIABILITY 7,000,000 PART OF 15,000,000 ANY ONE OCCURRENCE AND AGGREGATE EXCESS OF 5,000,000 ANY ONE OCCURRENCE AND AGGREGATE 345,893.00 U. S. FUNDS $ 27,440.00 CANADIAN FUNDS MINIMUM & DEPOSIT ADJUSTABLE AT LAYER RATE PER 1000 GROSS SALES ETHICAL SALES 1.88 NON ETHICAL .875 ALL OTHER .915 NEW JERSEY SURCHARGE : 1729.47 Forms Attached SUBJECT TO THE ANY PREPRINTED THEY VARY FROM MANUSCRIPT FORMS ATTACHED HERETO AND MADE A PART HEREOF TERMS AND CONDITIONS ARE HEREBY DELETED TO THE EXTENT THAT OR ARE INCONSISTENT WITH THE AFORESAID MANUSCRIPT FORMS This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated which are hereby made a part of this policy together with such other provisions stipulations and agreements as may be added hereto as provided in this policy Robert DATE DECEMBER 5 1977 md Countersigned by Robert Robert Pain Pain Pain Pain Authorized Representative CONFIDENTIAL LTL 0005252 | Insert Declarations page Part Two here so that top edge butts against top of Contract and permits policy number to appear through window ATTACH ENDORSEMENTS IF ANY TO DECLARATIONS PAGE | the Agrees with the Named Insured in consideration of payment of the premium and in reliance upon the statements herein made and subject to the limits of liability exclusions conditions and other terms of this policy CONDITIONS Exclusions Notwithstanding anything to the contrary contained herein this policy or any endorsements amendments or attachments hereto shall not cover loss or damage directly or indirectly occasioned by happening through or in consequence of war invasion acts of foreign enemies hostilities whether war be declared or not civil war rebellion revolution insurrection military or usurped power or confiscation or nationaliza- tion or requisition or destruction of or damage to property by or under the order of any government or public or local authority knowledge Notification of Claims The Insured upon of any accident or occurrence likely to give rise to a claim hereunder shall give written notice to the Company or its nearest authorized representative as soon as practicable Any provisions or conditions appearing in any forms attached hereto and made a part hereof which conflict with or alter the policy provisions stated above shall supersede the provisions appearing hereon insofar as the latter are inconsistent with the provisions appearing in such attached : forms Valuation Payment Replacement Recoveries The Company shall in no case be liable for more than the actual cash value of the lost destroyed or damaged property at the close of business on the business day next preceding the day on which the loss was discovered nor for more than the actual cost of repairing or replacing such property The Company may repair any damage or replace any lost destroyed or damaged property with property of like quality and value or pay for the same in money as the Company may elect be Other Insurance If the Insured has other insurance against a loss covered by this policy the Company shall not liable under this policy for a greater proportion of such loss than the applicable limit of liability stated in the declarations bears to the total applicable limit of liability of all valid and collectible insurance against such loss under Fraudulent Claims If the Insured shall make any claim this policy knowing the claim to be false or fraudulent as regards amount or other- wise this policy shall become void and all claims hereunder shall be forfeited Assignment Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon if however the Named be Insured shall die or adjudged bankrupt or insolvent within the policy period this policy unless cancelled shall if written notice be given to the , Company within sixty days after the date of such death or adjudication cover the Named Insured's legal representative as the Named Insured Bankruptcy hereunder hereunder of Insured Bankruptcy or Insolvency of the insured or of the Insured's estate shall not relieve the Company of any of its obligations Cancellation Applicable if policy is written on flat premium basis This policy may be cancelled at any time by the Insured on the basis of the Company's short rate table by written notice or by surrender of the policy to the Company This policy may also be cancelled with or without the return or tender of the unearned premium by the Company be delivering to the Insured or by mailing to the Insured by registered or unregistered mail at the Insured's address as shown herein written notice stating when not later than ten days thereafter the cancellation shall be effective and in such case the Company shall refund the paid premium less the earned portion thereof In the event premium refund is not made at the time as cancellation is effected it shall be made as soon thereafter practicable The mailing of notice by the Company shall be sufficient proof of notice and this policy shall terminate at the date and hour specified in such notice Cancellation Applicable notice or by surrender of the if policy policy to is written on adjustable premium the Company This policy may also This basis be cancelled powliithcy may be cancelled at any time by the Insured or without the return or tender of the unearned by written premium by the Company by delivering to the Insured or by mailing to the Insured by registered or unregistered mail at the Insured's address as shown herein written notice stating when not later than ten days thereafter the cancellation shall be effective The of notice by the Company mailing shall be sufficient of notice and this policy shall terminate at the date and hour specified in such notice If cancelled by the Insured the Com- proof pany shall retain the earned premium as calculated on the adjustable basis contained herein or short rate premium calculated according to the Company Company's short rate table on the minimum premium stipulated herein whichever is the greater If cancelled by the the Company shall retain In the pro as the earned premium calculated on the adjustable basis contained herein or event premium refund is not made at the time cancellation is effected it shall be rata of made the minimum premium whichever as soon thereafter as practicable is the greater IN WITNESS WHEREOF the company has caused this policy to be signed by its president and secretary but this policy shall not be valid unless completed by the attachment hereto of a declarations page designated as Part Two and countersigned on the aforesaid declarations page by a duly authorized agent of the President -- --, George R Cross Secretary CONFIDENTIAL LTL 0005253 ITEM 1 DECLARATIONS a NAMED INSURED JOHNSON AND JOHNSON HP 2 b ADDRESS OF NAMED INSURED 501 George Street New Jersey 08903 New Brunswick UNDERLYING UMBRELLA POLICIES North River Insurance and Self Insured ITEM UNDERLYING UMBRELLA LIMITS Insuring Agreement II 5,000,000 ITEM UNDERLYING UMBRELLA AGGREGATE LIMITS Insuring Agreement II 5,000,000 ITEM LIMIT OF LIABILITY Insuring Agreement II 15,000,000 ITEM AGGREGATE Insuring LIMIT OF LIABILITY Agreement II 15,000,000 ITEM ITEM ITEM POLICY PERIOD 1st January 1977 - 1st January 1978 Both days at 00.01 a.m. Local Standard Time NOTICE OF OCCURRENCE Condition 4 to The Company or its authorised representatives PREMIUM Minimum and Deposit 800,000 CONFIDENTIAL LTL 0005254 ISSUED BY THE NORTH RIVER INSURANCE COMPANY Hereinafter called the Company HP 2 NAMED INSURED As stated in Item 1 of the Declarations forming a part hereof and subsidiary associated affiliated companies or owned and controlled companies as now or hereafter constituted and of which prompt notice has been given to the Company hereinafter called the Named Insured INSURING AGREEMENTS I. COVERAGE The Company hereby agree subject to the limitations terms and conditions hereinafter mentioned to indemnify the Insured for all sums which the Insured shall be obligated to pay by reason of the liability or a imposed upon the Insured by law b assumed under contract or agreement by the Named Insured and any officer director stockholder partner or employee of the Named Insured while acting in his capacity as such for damages on account of i Personal Injuries ii Property Damage iii Advertising liability caused by or arising out of each occurrence happening anywhere in the world and arising out of the hazards covered by and as defined in the Underlying Umbrella Policies stated in Item 2 of the Declarations and issued by The North River Insurance Company hereinafter called the Underlying Umbrella Insurers \ II LIMIT OF LIABILITY - UNDERLYING LIMITS It is expressly agreed that liability shall attach to the Company only after the Underlying Umbrella Insurers have paid or have been held liable to pay the full amount of their respective ultimate net loss liability as follows $ as stated in Item 3 of the Declarations ultimate net loss in respect of each occurrence but $ as stated in Item 4 of the Declarations in the aggregate for each annual period during the currency of this Policy separately in respect of Products Liability and in respect of Personal Injury fatal or fatal by Occupational Disease sustained by any employees of the Insured CONFIDENTIAL LTL 0005255 HP 2 If this Policy shall be cancelled by the Named Insured the Company shall retain the customary short rate proportion of the premium for the period this Policy has been in force If this Policy shall be cancelled by the Company the Company shall retain the pro rata proportion of the premium for the period this Policy has been in force Notice of cancellation by the Company shall be effective even though the Company make no payment or tender of return premium with such notice 4 NOTICE OF OCCURRENCE - Whenever the Insured has information from which the Insured may reasonably conclude that an occurrence covered hereunder involves injuries or damages which in the event that the Insured should be held liable is likely to involve this Policy notice shall be sent as stated in Item 8 of the Declarations as soon as practicable provided however that failure to give notice of any occurrence which at the time of its happening did not appear to involve this Policy but which at a later date would appear to give rise to claims hereunder shall not prejudice such claims 5 OTHER INSURANCE - If other valid and collectible insurance with any other insurer is available to the Insured covering a loss also covered by this Policy other than insurance that is specifically stated to be excess of this Policy the insurance afforded by this Policy shall be in excess of and shall not contribute with such other insurance Nothing herein shall be construed to make this Policy subject to the terms conditions and limitations of other insurance AUTHORIZED SIGNATURE CONFIDENTIAL LTL 0005256 EXHAUSTION OF AGGREGATE ENDORSEMENT HP 5 WHEREAS the period of the Primary including renewals or replacements policy applies in excess is or may this policy and Underlying policy or policies thereof with respect to which this be concurrent with the period of NOW THEREFORE in consideration of the premium for which this policy is written in the event of reduction or exhaustion of the aggregate limit or limits contained in such Primary and Underlying policy or policies solely by payment of losses in respect of accidents and occurrences occuring during the period of such Primary and Underlying policy or policies it is hereby understood and agreed that such insurance as is afforded by this policy shall apply in excess of the reduced underlying limit or if such limit is exhausted shall apply as underlying insurance notwithstanding anything to the contrary in the terms and conditions of this policy ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNALTERED CONFIDENTIAL LTL 0005257 ATTACHING TO AND FORMING PART OF POLICY NO JU 0277 It is hereby agreed that the premium specified in this Insurance is a minimum premium and shall be subject to adjustment upon the expiration of this Insurance at which time the Insured shall furnish the Company with a statement of the Insured's gross sales during the period of insurance and the premium due hereunder shall be computed at the rate of 1.88 per 1,000 of Gross Sales in respect of Contraceptives Inter Uterine Devices and Ethical Products 0.875 per 1,000 of Gross Sales in respect of Ethical Products 0.0915 per 1,000 of all other Gross Sales - If the earned premium thus calculated is in excess premium paid at inception the Insured shall immediately to the Company of the minimum pay the . difference It is further agreed that notwithstanding anything contained in this Insurance to the contrary if this Insurance shall be cancelled by the Insured the Company shall be entitled to the earned premium for the period that this Insurance has been in force or the short rate proportion of the minimum premium whichever is the greater If this Insurance shall be cancelled by the Company they shall be entitled to ~~ the earned premium for the period that this Insurance has been in force or pro rata of the minimum premium whichever is the greater CONFIDENTIAL LTL 0005258 ATTACHING TO AND FORMING PART OF POLICY NO JU 0277 Notwithstanding anything contained herein to the contrary it is hereby understood and agreed that the Company shall only be liable for 46.67 % of any amount which the Insured shall be entitled to recover under the provisions of the indemnity set forth in the attached Wording in consideration of their receiving the same percentage of the premium set forth thorein CONFIDENTIAL LTL 0005259 ATTACHING TO AND FORMING PART OF POLICY NO JU 0277 It is hereby understood and agreed that this policy is extended to cover Employee Benefit Liability as more fully defined in the Underlying Umbrella Policy as referred to in the wording of this policy Notwithstanding anything stated above to the contrary it is understood and agreed that the above extension in coverage shall not apply to claims based upon the Employee Retirement Income Security Act of 1974 Public Law 93-406 commonly referred to as the Pension Reform Act of 1974 and any amendments thereto or similar provisions of any Federal State or Local Statutory Law or Common Law CONFIDENTIAL LTL 0005260 oy ATTACHING TO AND FORMING PART OF POLICY NO JU 0277 a THIS POLICY is subject to the provisions of the following attached Clauses 1. Nuclear Incident Exclusion Liability Broad 2. Industries Seepage Pollution and Contamination Clause No. 3 = CONFIDENTIAL LTL 0005261 CONTAMINATION CLAUSE AND No. 3 INDUSTRIES SEEPAGE POLLUTION Underwiters Non Asociation Association Marine Association ' Marine Association Lloyd's Non Marine Association Association ( Approved This This Personal Injury the periodpodamlaglesutthiiosn happening pollution of loss 2 does not cover any liability for of of property directly or Bodily Injury or loss damage to or use provided always that this indirectly caused by seepage pollution or contamination for Personal Injury or Bodily Injury or loss of or or paragraph 1 shall damage to not apply to liability or destruction of tangible such or loss of use of such property propoerrtcyontamination is causedcaused by a sudden pdhaymsaicgaeld or destroyed where seepage during the period of this Insurance contaminating unintended and unexpected happening polluting or contaminating sub- The cost of removing nullifying or cleaning seeping is caused by a sudden unintended stances unless the seepage or contamination Insurance and unexpected during Fines penalties punitive or exemplary . to cover any liability which would not have this This Clause penalties not extend Insurance had this Clause not been attached been covered under this Insurance 22/1/70 ; CONFIDENTIAL LTL 0005262 NUCLEAR INCIDENT EXCLUSION CLAUSE ( Lloyd's ' LIABILITY dede DIRECT BROAD ) attachment to insurances of the following classifications in the USA its Zone clas ifications Territories and Possessions Puerto Rico and the Canal Owners Landlords and Tenants Liability Contractual Liability Liability Elevator Liability Owners of Contractors including railroad Protective Liability Manufacturers and Contractors Liability Product Liability Professional and Malpractice Liability Storekeepers Liability Garage Liability Automobile Liability including Massachusetts Motor Vehicle or Garage_Liability Garage_Liability Exclusion notLiability being insurances of the classifications to which the Nuclear Incident Exclusion Clause insurances Direct Limited applies policy This policy does not apply I. Under any Liability Coverage to injury sickness disease death or destruction | a with respect to which an insured under the policy is also an insured by under a nuclear energy liability policy issued Nuclear Energy / Liability Insurance Association Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or material b resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain Energy financial protection pursuant to the Atomic Act of 1954 or any law amendatory thereof or the insured is or had this policy not entitled been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization II Under any Medical Payments Coverage or under any Supplementary Payments provision relating to immediate medical or surgical relief to expenses incurred with respect to bodily injury sickness disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a III nuclear facility by any person or organization Under any Liability Coverage to injury sickness disease death or destruction resulting from the hazardous properties of nuclear material if a the nuclear material i is at any nuclear facility owned by or operated by or on behalf of an insured or 2 has been discharged or os dispersed therefrom ; b the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c the injury sickness disease death or destruction arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c applies only to injury to or destruction of property at such nuclear facility IV As used in this endorsement hazardous properties include radioactive toxic or explosive properties nuclear material means source material special nuclear material or byproduct 16 material source material special nuclear material and byproduct material have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof spent fuel means any fuel element or fuel components solid or liquid which has been used or exposed to radiation in a nuclear reactor 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 the definition of nuclear facility under paragraph a or b thereof nuclear facility means a any nuclear reactor any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c 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 uranium 233 or any combination thereof or more than 250 grams of uranium 235 d 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 foregoing is located all operations conducted on such site and all premises used for such operations nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting material With respect chain reaction or to contain a critical mass of fissionable og t 0 to injury to or destruction of property the word Injury or " destruction includes all forms of radioactive contamination of property , It is understood and agreed that except as specifically provided in the foregoing to J contrary this clause is subject to the terms exclusions conditions and limitations or the Policy to which it is attached liability * NOTE respects policies which afford liability coverages and other forms of coverage in addition the words underlined should be amended to designate the liability coverage to which this clause is to apply 17/3/60 CONFIDENTIAL LTL 0005263