Document LKwY8aLLZ1rygxk3yJZpJYzp5

PRUDENTIAL PRUDENTIAL PRUDENTIAL PRUDENTIAL PRUDENTIAL REINSURANCE REINSURANCE REINSURANCE REINSURANCE COMPANY COMPANY END OFFICE END OFFICE OFFICE OFFICE 213 213 Washington Washington Newark Newark Newark New Jersey 07101 LIABILITY EXCESS POLICY POLICY POLICY Policy No DXC DX0025 Prior No DXC 901038 Broker Johnson & Higgins 95 Wall St. New York N.Y. 10005 Comm 10 Insured's Name and Address Johnson & Johnson and as more fully described in the primary umbrella form 501 George St. New Brunswick N.J. Policy Period - From Jan. 1 1977 TO Jan. 1 1978 A.M. Standard Time at the address of the Named Insured as stated herein 3. Coverage of Liability policy covers with respect to those coverages indicated below and shall apply as excess of the Underlying Limits and then only up to the amount of the PRUDENTIAL PERINSURANCE Excess Limits shown below PRUDENTIAL RETUBURAN COTEPAGE COTEPAGE COTEPAGE COTEPAGE COTEPAGE COTEPAGE Excess Umbrella Liability 30,000,000 each occurrence and annual aggregate Umbrella and underlying primary policies 3,000,000 part of | 15,000,000 each .. occurrence and annu^/l aggregate Excess of Underlying Limits Item Premium A Deposit Premium Basis 30,000.00 150.00 30,150.00 B Annual Minimum N.J. G.A. Surcharge of % . 150.00 Item 5 Schedule of Underlying Insurance North River Insurance Company Policy No. and primary policies totaling Underlying To Be Determined Limits various Excess CONFIDENTIAL LTL 0005409 POLICY PROVISIONS Prudential Reinsurance Company a captital stock insurance company herein called the Company agrees with the Insured Named in the Declarations in consideration of the payment of the required premium and subject to all the terms of this policy I. INSURING AGREEMENT To pay on behalf of the Insured the Ultimate Net Loss which the Insured shall become legally obligated to pay arising out of the hazards covered by and resulting from an occurrence insured by the Underlying Insurance scheduled in Item 5 of the Declarations The insurance afforded by this policy is excess over the amount of underlying limits stated in Item 3 of the Declarations and applies pay after the Underlying Insurance has paid or been held liable to underlying limits the only such II DEFINITIONS A Ultimate Net Loss - the total sum which the Insured or any company as his insurer or both become obligated to pay by reason of claims covered hereunder either through adjudication or compromise and shall also include all sums paid as salaries wages compensation fees charges and law costs premiums on attachment or appeal bonds interest expenses of litigation settlement adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder excluding only the salaries of the Insured's or of any underlying insurer's permanent employees The Company shall not be liable for expenses as a aforesaid when such expenses are included in other valid and collectible insurance B Underlying Insurance - the policy or policies specified in Item 5 of the Declarations III MAINTENANCE OF UNDERLYING INSURANCE The Underlying Insurance and underlying limits specified in the Declarations shall be maintained in full force and effect without change during the currency of this policy except for reduction of the aggregate limits solely by reason of claims in respect of occurrences happening during the period of this policy The failure of the Insured to comply with the foregoing shall not invalidate this policy but in the event of such if failure the Company shall only be liable to the same extent as Insured had complied with this condition the PR67 Ed 1-77 CONFIDENTIAL LTL 0005410 -2- The insurance afforded by this policy is subject to the same warranties terms conditions and exclusions as are contained in the Underlying Insurance on the effective date of this policy except unless specifically provided in this policy any such warranties terms conditions or exclusions relating to premium the obligation to investigate and defend the amount and limits of liabilit anyd any renewal agreement IV NOTICE OF CLAIM Upon the happening of an occurrence which it is reasonable to believe will likely give rise to a claim under this policy the Insured shall give immediate written notice thereof to the Company Such notice shall contain particulars sufficient to identify the Insured and fullest information obtainable at the time If legal proceedings are begun the Insured shall forward to the Company each paper therein or a copy thereof received by the Insured or the Insured's representative together with copies of reports of investigations with respect to such claim proceedings V. DEFENSE Except upon termination of the underlying insurance by reason of exhaustion of its aggregate limits the Company shall not be called upon to assume charge of the investigation settlement or defense of any clain made or suits brought or proceedings instituted against the Insured but shall have the right and be given the opportunity to be associated in the defense and trial of any claims suits or proceedings relative to any occurrence which in the opinion of the Company may create liability on the part of the Company under the terms of this policy If the Company avails itself of such right and opportunity the Company shall do so at its own expense Court costs and interest if incurred with the consent of the Company shall be borne by the Company and other interested parties in the proportion that each party's share of Loss bears to the total amount of Loss sustained by all interested parties VI SUBROGATION Inasmuch as this policy is Excess Coverage the Insured's right of recovery against any person or other entity cannot be exclusively subrogated to the Company It is therefore understood and agreed that in case of any payment hereunder the Company will act in concert with all other interests including the Insured concerned in the exercise of such rights of recovery The Insured shall do nothing after loss to prejudice such rights The apportioning of any amounts which may be so recovered shall follow the principle that any interest including the Insured having paid an amount in excess of the total limits up through and including this policy CONFIDENTIAL LTL 0005411 -3- shall first be reimbursed up to the amount paid by them the Company is then to be reimbursed out of any balance then remaining up to the amount paid hereunder lastly the interests including the Insured of whom this coverage is in excess are entitled to claim the residue Expenses necessary to the recovery of any such amounts shall be apportioned between the interests including the Insured concerned in the ratio of their respective recoveries as finally settled If there is no recovery in proceedings conducted solely by the Company the Company shall bear the expense thereof VII CANCELLATION This policy may be cancelled by the Named Insured by mailing to the Company written notice stating when thereafter such cancellation shall be effective This policy may be cancelled by the Company by mailing to the Named Insured at the address shown in this policy written notice stating when not less than thirty 30 days thereafter such cancellation shall be effective The mailing of notice as aforesaid shall be sufficient proof of notice and the effective date of cancellation stated in the notice shall become the end of the policy period If cancellation is at the request of the Named Insured earned premium shall be computed in accordance with the customary short rate table and procedure If the Company cancels earned premium shall be computed pro rata If this policy insures more than one Named Insured cancellation may be effected by the first of such Named Insureds for the account of all the Named Insureds notice of cancellation by the Company to such first Named Insured shall be deemed notice to all Insureds and payment of any unearned premium to such first Named Insured shall be for the account of all interests herein Premium Adjustment may effected or as soon as effective but payment of cancellation be made either at the time cancellation is practicable after cancellation becomes or tender or earned premium is not a condition VIII RIGHT OF APPEAL In the event the Underlying Insurer or the insured elects not to appeal a judgment in excess of the underlying limits the Company may elect to conduct such appeal at its own expense and shall be liable for the court costs interest incidental thereto and for premium on required appeal bonds which are not payable under underlying insurance provided that in no event shall the Company's limit of liability exceed that stated in Item 3 of the Declarations plus court costs and interest CONFIDENTIAL LTL 0005412 -4- In Witness Whereof the Company has caused this policy to be signed by its President and Secretary but the same shall not be valid unless countersigned on the declarations page of this policy by a duly authorized representative of the Company Mavid H. Frederiches Secretary President- President CONFIDENTIAL LTL 0005413 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM It is agreed that the 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 under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada termina- or would be an insured under any such policy but for its tion upon exhaustion of its limit of liability or b resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of or any agency thereofunder America or agreement entered into by theUnited States of America any agency thereof with any person or organization any II Under any Medical Payments Coverage or under any Supplementary Pay- ments provision to immediate medical or relating expenses incurred with respect to bodily injury death resulting from the hazardous properties of surgical relief to sickness disease or nuclear material and arising out of the operation of a nuclear facility by any person or , organization III Under any Liability Coverage to injury sickness disease death or destruction resulting from the hazardous properties of nuclear mate- rial if a b c the nuclear material 1 is at any nuclear facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersedtherefrom the nuclear material is containecdontained in spentfuel or waste or at any stored time possessed handled used processed transported or , disposed of by or on behalf of an insured or 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 mainten- ance operation or use of any nuclear facility but if such is located within the United States of its facility America territories or possessions or Canada this exclusion c applies exclusion only to injury to or destruction of property at such nuclear facility IV As used in this endorsement radioactive Hazardous properties include radioactivraedioacrtiavde ioactive toxictoxictoxitcoxic or explosive properties nuclee material means source materiamlaterial spespecial csipeacilal nuclear material or byproduct material byproduct materialmaterial CONFIDENTIAL LTL 0005414 source material special nuclear have the meanings given them in the any law amendatory thereof material material and byproducts material Atomic Energy Act of 1954 or in spent fuel means any fuel element or fuel component 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 b 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 a 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 foregoinigs located all operations con- ducted on such site and all premises used for such operations nuclear reactor means any apparatus designed or used to sustain nuclear fission in any supporting chain reaction or to contain a critical mass of fissionable material with respect to injury to or destruction includes , property or destruction of property the word injury all forms of radioactive contamination of NEW YORK - The provisions respect to any Automobile Damage Liability coverage of the above endorsement do Bodily Injury Liability and afforded by this policy not apply with Automobile Property CONFIDENTIAL LTL 0005415 PRUDENTIAL REINSURANCE COMPANY DXC DX0026 POLICY NO DIP DOWN AND CONCURRENCY WORDING WHEREAS the period of the Primary and Underlying Policy or Policies including renewals or replacements thereof with respect to which this Policy applies in excess is or may be concurrent with the period of this Policy 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 to accidents or occurrences during the p^riodof 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 Name of Insured Johnson Johnson & Johnson & Johnson wea Johnson Higgins Broker ves. & Higgins Higgins & N.Y. of N.Y. Endorsement Endorsement Endorsement # .. EfEffef ctiveeEffective ctEffei ctive ve DaDt atee 1 19 Jan. 1717 977 a re CONFIDENTIAL LTL 0005416