Document QJY0Qr0mX7JqO73b4QMb7DY55
DOW CHEMICAL COMPAir-f
EVIDENCE OF EXCESS LIABILITY INSURANCE COVERAGES VOLUME V ~ 1983-1986
February 1992
No........ jnqshjkl
TOE DOW CHEMICAL COMPANY AND DOWCOHNBJ3. CORPORATION,
of 2030 Dow Center, Midland, Michigan 48G40, U.S.A.
. . ..
.....................................
.. USS2.968.017.56 part c
= = hereinafter called the Assured, have paid ^3,517,442,00
84.38% of. the limits ^_^-Pl^nium or Considerationjn^O^, the undersigned Assurers to
stated herein
f<r Sosnoeasaaiitto^^
the Assured in
V-'-respect of AH, TOE ASSUHSJ*S'5peRAITONS as more fully describee , _8= in wQjding attaching hereto
^* Zj 1 CD
during the period commencing at the first
day of
Deceiber,
19 83 , and ending at the first
day of December,
19 86 (both days at 12,01 a.m. Local Standard Time
^Oto Iinoto ft that we the undersigned Assurers do hereby bind ourselves each Company
for itself only and not the one for the other, to pay or make good to the AssuredjjMhe Assured's Executors, Administrators and Assigns, all such loss as above stated, not exceeding aife^jodlJikjEIStrY FOUR DECIMAL THREE EIQTT PER CENT of the limits stated hereiuC-"'
in all, that the Assured may sustain during the said period, swiWfrjftfTpnrBqgxafter such loss is proved and that in proportion to the several sums by each of us subscribed agaidfiour respective names not exceeding the several sums aforesaid.
If the Assured shall make any claim knowing the same to be false or fraudulent as regards amount or otherwise, this Policy shall become void and all claim thereunder shall be forfeited.
35n toitneSS toljtrtof 1 being a representative of the Leading Office which is duly authorised by the
Assurers have hereunto subscribed my name on their behalf this
? Ot
day of
19 ITS"
RGF/r jb
066ll7 onfideNTIal
managing director
H. S. WEAVERS (UNDERWRITING! AGENCIES LTD.
Attaching to and forming part of Policy No. KY0597B3
SIGNED LINE
(COMPANY
REFERENCE NO.
65.00%
(24.73% WAII5ROOK INSURANCE OCMPANY LIMITED (10.75% EL PASO INSURANCE COMPANY LIMITED (18.82% DART AND KRAFT INSURANT COMPANY LIMITED ( 8.06% L0UISVn.TE INSURANCE COMPANY LIMITED ( 6.45% LUDGATE INSURANCE (COMPANY LIMITED ( 8.61% BERMUDA FIRE AND MARINE INSURANCE COMPANY LIMITED (10.75% "WINTERTHUR" SWISS INSURANCE OCMPANY ( 9.68% MUTUAL REINSURANCE COMPANY LIMITED ( 2.15% CCMPAGNIE EUROPEENNE D'ASSURANCES INDUSTRIELLES S.A.
per: H.S. Weavers (Underwriting) Agencies Limited
83I03B44283
IS.00% LEXINGTON INSURANCE COMPANY 2.52% POLKSAM INTERNATIONAL INSURANCE COMPANY (UK) LIMITED 1.86% ASSICURA2IONI GENERALI S.P.A.
B3CTB6217093130 C00255/83 22 83/10744/G80I/0
CO
DO 066118
CONFTDFNTIAI.,
UMBRELLA POLICY (LONDON 1971) Named Auured: Ai stated in Item 1 of the Declaration! forming a part hereof
ereinafter called the "Named Auured").
INSURING AGREEMENTS:
I. COVERAGE -
Underwriter! hereby agree, iubject to the limitation, term and condition hereinafter mentioned, to indemnify the Auured for all iuttb which the Auured lhall be obligated to pay by reason of the liability:-
(a) imposed upon the Auured by law,
or (b) asiumed under contract or agreement by the Named Auured anc|/or any officer, director, itockholder, partner or employee of the Named Assured, while acting in his capacity as such,
for damages on account of:-
(i) Personal Injuries
(ii) Property Damoge
(iii) Advertising Liability,
caused by or arising out of each occurrence happening anywhere in the world.
tlG r.S U U U M :l
II. LIMIT OF LIABILITY -
Underwriters hereon shall be only I sable for the ultimate net loss the exceu of either:-
(0) the limits of the underlying insurances as set out in the attached schedule in respect of each occurrence covered by said underlying insurances,
or (b) J1,000,000
ultimate net lots in respect of each occurrence not
covered by said underlying insurances,
(hereinafter called the "underlying limits"):
and then only up to a further sum os stated in ftem 2(a) of the Declarations in all in respec of eoch occurrence - subject to a limit as statedNln Item 2(b) of the Declarations in the aggregate for each annual period during the currency of this Policy, separately in respect of Products Liability ond in respect of Personal Injury (fetal or non-fetol) by Occupational Disease sustained by any employees of-the Assured.
In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurance by reason of losses paid thereunder, this Policy subject to all the terms, conditions and definitions hereof shall:-
(1) in the . c:-:cduction pay the excess of the reduced underlying limit
(2) in the event of exhaustion continue in force as underlying insurance.
The inclusion or oddition hereunder of more than one Assured shall not operate to increase Underwriters' limits of liability beyond those set forth in the Declarations.
L.P.O. 354B (V76)
DO 066119 CONFIDENTIAL
Page 1 of 11
THIS POLICY IS SUBJECT TO THE FOLLOWING DEFINITIONS:
1. ASSURED -
The unqualified word " Assured",wherever used In this Policy, includes:-
((aa)) The Named Assured, ond, If the Named Assured is designated In Item 1 of the Declarations os a partnership or joint venture, the partnership or joint
venture so designated and ony partner or member thereof but only with respect
to his liability as such;
<b) any officer, director, stockholder, partner or employee of the Named Assured, while acting in his capacity as such, and ony organisation or proprietor with
respect to real estate management for the Named Assured;
(c) any person, organisation, trustee or estate to whom the Named Assured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, but only to the extent of such obligation and in respect of operations by or on behalf of the Named Assured or of
facilities of the Named Assured or of facilities used by the Named Assured;
(d) any additional Assured (not being the Nomed Assured under this policy) included In the Underlying Insurances, subject to the provisions in Condition B; but not
for broader coverage than is available to such additional Assured under any
underlying insurances os set out in attached schedule;
M with respect to ony automobile owned by the Named Assured or hired for use in behalf of the Named Assured, or to any aircraft owned by or hired for use in behalf of the Named Assured, ony person while using such automobile or aircraft ond any person or organisation legally responsible for the use thereof, provided the actual use of the automobile or aircraft is with the permission of the Named Assured. The insurance extended by this sub-division (e), with respect to any person or organisation other than the Named Assured shall not apply:-
_ "~ j
1 . to ony person or organisation, or to any agent or employee thereof, operating an outomobile repair shop, public garage, sales agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof;
Z 'S
2. to any manufacturer of aircraft, aircraft engines, or aviation accessories, or ony aviation soles or service or repair organisation or airport or hangar operator or their respective employees or ogents with respect to any occurrence arising out of ony of the aforementioned;
3. with respect to any hired automobile or aircraft, to the owner thereof or any employoe of such owner;
4. with respect to any non-o-.-tT; aC*i.n obile to ony officer, director, stockholder, partner or employee of the Named Assured if such automobile is owned In full or in part by him or a member of his household.
This sub-division (e) sholl not opply if it restricts the insurance granted under sub division (d) above.
L.P.0.354B (8/76)
Poge 2 of 11
.2 PERSONAL INJURIES -
The term "Personal Injuries"/wherever used hereirvmeans bodily injury (including death ot ony time resulting therefrom), mental injury, mental anguish, shock, sickness, disease, disability, false arrest, false Imprisonment, wrongful eviction, detention, malicious prosecution, discrimination, humiliation; also libel, slander or defamation of character or invasion of rights of privacy, except that which arises out of ony odvertfsfng activities.
3. PROPERTY DAMAGE -
The term "Property Damage",wherever used here!n,shall mean loss of or direct damage to ot destruction of tangible property (other than property owned by the Named Assured).
4. ADVERTISING LIABILITY -
The term "Advertising Liability",wherever used herein, shallmean:-
Z 6 J 'j U u U l
(1) Libel, slander or defamation;
(2) Any infringement of copyright or of title or of slogan;
(3) Piracy or unfair competition or idea misappropriation under an inplied contract;
(4) Any invasion of right of privacy;
committed or alleged to have been committed in any advertisement, publicity article, broadcast or telecast and arising out of the Named Assured's advertising activities.
5. OCCURRENCE -
The term "Occurrence",wherever used hereln^hall mean on accident or a happening or event or a continuous or repeated exposure to conditions which unexpectedly and unintention ally results in personal injury, property damage or advertising liability during the policy period. All such exposure to substantially the same general conditions existing at or emanating from one premises location shall be deemed one occurrence.
6. DAMAGES -
The term "Damages" includes damages for death and for care and loss of services resulting from personal injury and damages for loss of use of property resulting from property damage.
7. ULTIMATE NET LOSS -
The term "Ultimate Net Loss" shall mean the total sum which the Assured, or his Underlying Insurers as scheduled, or both, become obligated to pay by reoson of personal injuries, property domogo or advertising liability claims, either through adjudication or compromise, and shall ale include hospital, medical and funeral charges and all sums paid as salaries, wages, compensation, fees, charges and law costs', premiums on attachment or appeal bonds, interest, expenses for doctors, lawyers, nurses and ' ~ - /rs and other persons, ond for litigation, settlement, adjustment ond Investigation of claims ond suits which ore paid os a consequence of ony occurrence covered hereunder, excluding only the jolaries of the Assjred's or of ony underlying insurers permanent employees.
The Underwriters shall not be liable for expenses os aforesaid when such expenses ore included
in other valid and collectible insurance.
DO 066121
L.P.O-354B (8/76)
CONFIDENTIAL
Page 3 of 11
G S 3 0 0 u !.i 3
8. AUTOMOBILE -
The term "Automobile" , wherever used herein, shall mean o land motor vehicle, trailer or semi-trailer.
9. AIRCRAFT -
The term "Aircraft",wherever used herein, sholl mean any heavier than air or lighter than air aircraft designed to transport persons or property.
10. PRODUCTS LIABILITY-
The term "Products Liability" means r-
(a) Liability arising out of goods or products manufactured, sold, hondled or distributed by the Assured or by others trading under his name (herein-
after called "the Assured's products") if the occurrence occurs after possession of such goods or products has been relinquished to others by the Assured or by others trading under his name ond if such occurrence occurs away from premises owned, rented or controlled by the Assured; provided such goods or products shall be deemed to include any container thereof, other than a vehicle, but shall not include any vending machine or any property, other than such container, rented to or located for use of others but not sold;
(b) Liability arising out of operations, if the occurrence occurs after such operations have been completed or abandoned and occurs away from premises owned, rented or controlled by the Assured; provided operations shall not be deemed incomplete because improperly or defectively performed or because further operations may be required pursuant to an agreement; provided further the following shall not be deemed to be "operations" within the meaning of this parogroph:-(i)
(i) pick-up or delivery, except from or onto a railroad cor; (II) the maintenance of vehicles owned or used by or in behalf of
the Assured; (iii) the existence of tools, uninstalled equipment ond abandoned
or unused materials.
11. ANNUAL PERIOD -
The term "Annual Period" shall meon each consecutive period of one year commencing from the inception dote of this Policy.
THIS POLICY IS SUBJECT TO THE FOLLOWING EXCLUSIONS:
This Policy shall not apply:-
(a) to any obligation for which the Assured and any company a*:
moy be held
liable under ony Workmen's Compensation, unemployment compensation or disability
benefits law provided, however, that this exclusion does not apply to liability of
others assumed by the Named Assured under contract or agreement;
L.P.0.354B (8/76)
DO 066122
CONFIDENTIAL
Page 4 of 11
(b) to personal injury, property damage or advertising Mobility ariling out of the conduct of ony partnership or joint venture of which the Assured is a partner or member and which is not designated in this policy as a Named Assured;
(c) to claims mode-against the Assured:-
(!) on occount of Personal Injuries or Property Damage resulting from the failure of the Assured's products or work completed by or for the Assured to perform the function or nrve the purpose intended by the Assured, if such failure is due to a mistake or deficiency in any design, formula, plan, specification, advertising material or printed instructions prepared or developed by the Assured; but this exclusion (i) does not apply to Personal Injuries or Property Damage resulting from the active malfunctioning of such products or work;
(ii) on account of Property Damage to the Assured's products arising out of such products or ony part of such products;
(iii) on account of Property Damage to work performed by or on behalf of the Assured arising out of work or any portion thereof, or out of the materials, parts or equipment furnished in connection therewith;
(iv) for the withdrawal, inspection, repair, replacement, or loss of use of the Assured's products or work completed by or for the Assured or of any property of which such products or work form a part, if such products, work or property ore withdrawn from the market or from use because of any known or suspected defect or deficiency therein;
cn
(d) with respect to advertising activities, to claims mode agoinst the Assured for:-
(I) foilure of performance of contract, but this sholl not relate to claims for unauthorised appropriation of ideas based upon alleged breach of an implied contract;
(Ii) infringement of registered trade marks, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles or slogons;
(iii) incorrect description of ony article or commodity;
(iv) mistake in advertised price;
(e) except in respect of occurrences toking place in the United States of America, its territories or possessions, or Canada, to ony liability of the Assured 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 confisc. nationalisation or requisition or destruction of or damoge to property by Or under the order of any government or public or local authority;
(f) to ony liability arising out of the violation of ony statute, law, ordinance or regulation prohibiting discrimination or humiliation because of race, creed, colour or notional origin.
L.P.0.354B (8/76)
00 066333
confidential
Page 5 of 11
<JD <_n
Except insofar as coverage is ovoilobie to the Assured in the underlying insurances as set out in the ottoched Schedule, this policy shall not apply:-
(g) to the liability of any Assured hereunder for assault and battery committed by or at the direction of such Assured except liability for Personal Injuries resulting from any act oTIeged to be ossault and battery committed for the purpose of preventing or eliminating danger in the operation of aircraft, or for the purpose of preventing Personal Injuries or Property Damage; it being understood and ogreed that this exclusion shall not apply to the liability of the Named Assured for personal Injury to their employees, unless such liability is already excluded under Exclusion (a) above;
(h) with respect to any oircraft owned by the Assured except liability of the Named Assured for aircraft not owned by them; it being understood end agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion (a) above;
(i) with respect to any watercraft owned by the Assured, while away from premises owned, rented or controlled by the Assured, except liability of the Nomed Assured for watercraft not owned by them; it being understood and agreed that this exclusion shall not apply to the liability of the Named Assured for personal injury to their employees, unless such liability is already excluded under Exclusion (a) above;
(j) to any employee with respect to injury to or the death of another employee of the some Employer injured in the course of such employment.
THIS POLICY IS SUBJECT TO THE FOLLOWING CONDITIONS:
A. PREMIUM -
Unless otherwise provided for the premium for this Policy is o flat premium and is not subject to adjustment except as provided in Conditions B and P.
B. ADDITIONAL ASSUREDS -
In the event of additional assureds being added to the coverage under the underling insurance during currency hereof prompt notice shall bo given to Underwriters hereon who shall be entitled to charge an appropriate additional premium hereon.
C. PRIOR INSURANCE AND NON CUMULATION OF LIABILITY -
It Is agreed that If any loss covered hereunder is also covered in whole or In part under any other excess policy issued to the Assured prior to the inception date hereof the limit of liability hereon as stated in item 2 of the Declarations shall be reduced by any amounts due to the Assured on account of rch loss under such prior insurance.
D. SPECIAL CONDITIONS APPLICABLE TO OCCUPATIONAL DISEASE -
As regards personal injury (fatal or non-fafol) by occupational disease sustained by any employee of the Assured, this policy is subject to the same warranties, terms and conditions (except os regards the premium, the amounts and limits of liability and the renewal agreement if any) as are contained in or as may be added to the underlying insurance prior to the happening of on occurrence for which claim is made hereunder.
L.P.0.354B (8/76)
DO 066124 CONFIDENTIAL
Page 6 of i 1
E. INSPECTION AND AUDIT -
Underwriters shall be permitted but not obligated to inspect the Assured's property and operations at any time, Neither the Underwriters' right to moke inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the Assured or others, to determine or warrant thot such property or operations are safe.
Underwriters may examine and audit the Assured's books and records at any time during the policy period and extensions thereof ond within three years after the finol termination of this policy, at far as they relate to the subject matter of this insurance,
F. CROSS LIABILITY -
In the event of claims being made by reason of personal Injury suffered by any employee of one Assured hereunder for which onother Assured hereunder it or may be liable, then . this policy shall cover such Assured against whom o cloim it made or may be made In the same manner os if separate policies had been issued to each Assured hereunder.
In the event of claims being made by reason of damage to property belonging to any Assured hereunder for which another Assured is, or moy be, lloble then this policy shall cover such Assured against whom a cloim is made or may be mode in the same manner os if separate policies had been Issued to each Assured hereunder.
Nothing contained herein shall operate to increase Underwriters' limit of liability as set forth in Insuring Agreement 11 .'
G. NOTICE OF OCCURRENCE -
Whenever the Assured has information from which the Assured may reasonably conclude that an occurrence covered hereunder involves injuries or damages which, in the event .'T that the Assured should be held liable, is likely to involve this policy, notice shall be sent as stated in Item 4 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.
H. ASSISTANCE AND CO-OPERATION -
i
rr:
The Underwriters shall not be called upon to assume charge of the settlement or defense of any claim mode or suit brought or proceeding instituted against the Assured but Under writers shall have the right and shall be given the opportunity to associate with the Assured or the Assured's underlying insurers or both in the defense and control of any claim, suit or proceeding relative to an occurrence where the cloim or suit involves, or appears reasonably likely to involve Underwriters, in which event the Assured and Underwriters shall co-operate in all things in the defense of such claim, suit or proceeding,
I. APPEALS -
In the event ihe Assured or the Assured's underlying insurers elect not to appeal a judgment in excess of the underlying limits, Underwriters moy elect to make such appeal at their own cost and expense, and shall be liable for the taxable costs ond disbursements and interest on judgments incidental thereto, but in no event sholl the liability of Underwriters for ultimate net loss exceed the amount set forth in Insuring Agreement 11 for any one occurrenc and in addition the cost and expanse of such appeal.
.P.Q.354B (8/76)
DO 066^5 At ,e 7 of 11
conf
O'!
\JD
J. LOSS PAYABLE -
Liability under this policy with respect to ony occurrence shall not attach unless and unti the Assured, or the Assured's underlying insurers, shall have paid the amount of the unde; lying limits on account of such occurrence. The Assured shall make a definite claim for any loss for which the Underwriters may be liable under this policy within twelve (12) months ofter the Assured shall have paid an amount of ultimate net loss in excess of the amount borne by the Assured or ofter the Assured's liability shall hove been fixed and rendered certain either by final judgment against the Assured after actual trial or by written ogreomont of the Assured, the claimant, and Underwriters. If any subsequent payments shall be made by the Assured on account of the some occurrence, additional claims shall be mode similarly from time to time. Such losses shall be due and payable within thirty (30) days after they ore respectively claimed and proven in conformity with this policy.
K. BANKRUPTCY AND INSOLVENCY -
In the event of the bankruptcy or insolvency of the Assured or ony entity comprising the Assured, the Underwriters shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency.
L. OTHER INSURANCE -
If other valid and collectible insurance with ony other insurer Is available to the Assured covering a loss also covered by this policy, other than insurance that is specifically state to be excess of this policy, the insurance afforded by this policy shall be in excess of anc sholl not contribute with such other insurance. Nothing herein shall be construed to me this policy subject to the terms, conditions and limitations of other insurance.
M. SUBROGATION -
Inasmuch as this policy Is "Excess Coverage", the Assured's right of recovery against any person or other entity cannot be exclusively subrogated to the Underwriters. It is, there fore, understood and agreed that in case of ony payment hereunder, the Underwriters will act in concert with all other interests (including the Assured) concerned, in the exercise of such rights of recovery. The apportioning of any omounts which may be so recovered shall follow the principle that ony interests (including the Assured) that shall have paid aamount over and above any payment hereunder, shall first be reimbursed up to the amount paid by them; the Underwriters ore then to be reimbursed out of ony balance then remain' up to the amount paid hereunder; lastly, the interests (including the Assured) of whom thl coverage Is in excess are entitled to claim the residue, If ony. Expenses necessary to th< recovery of any such amounts sholl be apportioned between the interests (including the Assured) concerned, in the ratio of their respective recoveries as finally settled.
N. CHANGES -
Notice to or knowledge possessed by any person shall not effect a waiver or change in an part of this policy or estop Underwriters from asserting any right under the terms of this pc nor shall the terms of thi . Kcii-..r L.- waived or changed, except by endorsement issued to form a part hereof, signed by Underwriters.
O. ASSIGNMENT -
Assignment of interest under this policy shall not bind Underwriters unless and until their consent is endorsed hereon.
L.P.0.354B (8/76)
DO 066126 CONFIDENTIAL
Page 8 of
P. CANCELLATION-
This policy may be cancelled by the Named Assured or by the Underwriters or their representatives by sending by registered mail notice to the other party stating when, not less thaJvndffigplSC) doys thereafter, cancellation shall bo effective. The moiling of notice Vrt^atjipeaaid by Underwriters or their representatives to the Named Assured ot the address sltown in this policy shall be sufficient proof of notice, and the insurance under this policy shall end on the effective date and hour of cancellation stated In the notice. Delivery of such written notice either by the Named Assured or by the Underwriters or their representatives shall be equivalent to mailing.
If this policy shall be cancelled by the Named Assured the Underwriters shall retain the customary short rote proportion of the premium for the period this policy has been In force. If this policy shall be cancelled by the Underwriters the Underwriters shall retain the pro rota proportion of the premium for the period this policy has been in force. Notice of cancellation by the Underwriters shall be effective even though Underwriters make no , payment or tender of return premium with such notice.
Q. CURRENCY -
The premiums and losses under this policy are payable In the currency stated in Item 5 of the Declarations. Payment of Premium shall be made as stated In Item 6 of the Declarations.
R. CONFLICTING STATUTES-
:=>
In the event that any provision of this policy is unenforceable by the Assured under the -- laws of ony State or other jurisdiction wherein it is claimed that the Assured is liable for"^ any injury covered hereby, because of non-compliance with ony statute thereof, then this policy shatl be enforceable by the Assured with the some effect os if it complied ZD with such Statute.
S. SERVICE OF SUIT CLAUSE-
It is agreed that in the event of the failure of Underwriters hereon to pay any amount claimed to be due hereunder. Underwriters heieon, at the request of the Assured, will submit to the jurisdiction of any Court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court.
It is further agreed that service of process in such suit may be made os stated in Item 7 of the Declarations, and that in ony suit instituted ogainst any one of them upon this policy, Underwriters will abide by the final decision of such Court or of ony Appellate Court in the event of on appeal. The person or firm nomed in Item 7 ore authorised ond directed to accept service of process on behalf of Underwriters in ony such wit and/or upon the request of the Assured to give o written undertaking to the Assured that they will enter o general appearance upon Underwriters' behalf in the event such o suit shall be instituted.
Further, pursuant to any statute of ony state, terrilOi/ or district of the United States which
makes provision therefor, Underwriters hereon hereby designate the Superintendent,Com-
missioner or Director of Inwranoe or other officers specified for that purpose in the statute,
or his successor or successors in office, os their true end lawful attorney upon whom may
be served any lowful process in ony action, suit or proceeding instituted by or on behalf
of the Assured or ony beneficlory hereunder arising out of this policy of insurance, and
hereby designate the obove-nomed as the person to whom the said officer is authorised to
mail such process or a true copy thereof.
0.354B (8/76)
DO 066127
Page 9 of U
CONFIDENTIAL
7. MAINTENANCE OF AND RESTRICTIONS IN UNDERLYING INSURANCES -
It is o condition of this policy that the policy or polieie* referred to in the attached "Schedule of Underlying Inaironcoj" iholl be maintained In full effect (Airing the policy period without reduction of coverage or limit* except for any reduction in the aggregate limit or limit* contained therein lolely by payment of claim* In respect of accidents and/c occurrences occurring during the period of thl* policy. Failure of the Named Assured to comply with the foregoing holl not Involldoto thl* policy bjt In the event of *uch failure, the Underwriters *hall only be ttcble to the me extent as they would hove been had the Named Assured complied with the said condition.
.0.354B (8/76)
Page 10 of 11
CD ^D
DO 066128 CONFIDENTIAL.
ATTACHING TO AND FORMING PART OF POLICY No. KY059783
DECLARATIONS:
ITEM 1. ITEM 2.
, . . , . TOE DOW CHEMICAL COMPANY AND DOW
(o) Named Assured:-
CORPORATION (and as set forth In
(b) Address of Nomed Assured:-
Addendum No. 3)
2030 Dew Center, Midland, Michigan 48640, U.S.A.
Limit of Lioblllty - os Insuring Agreement 11 t-
^
(a) Limit in all in respect of each occurrence $ 5,000,000
--j
(b) Limit in the aggregate for each annual period where applicoble
$ 5,000,000
"
U 0 l3 lj U U d U 'J
ITEM 3.
Policy Periods Fran 1st Decetter, 1983 to 1st Decsnber, 1986, both days at 12.01 a.m. Local Standard Time
ITEM 4. ITEM 5.
Notice of Occurrence (`Condition G) tor- Che Nbodward Avenue, Detroit, Michigan 48226, U-
Currency (Condition Q):- United States Dollars
ITEM 6. ITEM 7.
Poyment of Premium (Condition Q) to:Service of Process (Condition S) upon:-
Marsh and McLennan Inc., One Woodward Avarue, Detroit, Michigan 48226, U.S.A
Messrs. Mendes and Mount, 3 Park Avenue, New York, N.Y. 10016, U.S.A.
li.P.0.354B (8/76)
Poge ii of 11
DO Ofofel29 CONFIDENTIAL
| 0 9 9 0 0 1 ) 11:1
Attaching to anti forming part of Policy No. KY0597B3
TOE DOW CHEMICAL CEMPANY
BPGDULE OF WPEBLYING XN5URMCIS
1. General Liability including Products Liability (other than U.E.A. Products i.tahm+y), antrmrhnfe Inability, Watercraft Liability (Respect Barges, Scows, Lighters, Tugs, Launches and similar Watercraft) In Rem, Airport Liability, Hargar Liability, Professional Liability, Malpractice Liability, Anployee Benefits Liability, Blanket Cmtractoal liability and Care, Custody and Control other than owned Or transported.
$ 5,000,000 Combined Single Limit, Bodily Injury and/or Property Damage per occurrence not in the aggregate.
2. Products Liability respects U.S.A.
( 5,000,000 Centoined Single Limit, Bodily Injury and/or Property Damage per occurrence (including allocated expenses not exceeding $500,000 ary one occurrence).
$20,000,000 Centoined Single Limit, Bodily Injury and/or Property Damage annual aggregate (including allocated expenses not exceeding $500,000 any me occurrence).
ONLY AMOUNTS (DCLCDDC AUJXMED EXPENSES) EXCESS CF
$500,000 each occurrence (including allocated expenses) shall go to erode the anmal aggregate.
In the event the $20,000,000 aggregate is exhausted the tbbrella Policy is t excess of $500,000 each occurrence (including allocated expenses not exceeding $500,000 ary me occurrmce).
3.A) BTployers Liability, Biployers Liability as respects Occupational pic. including Federal longshoremen's and Harbor Workers'Act and Jones Act!
$ 5,000,000/$5,000,000
B) Biployers lability as respects Oocupatlmal Disease (in respect of claims cade 3 norths after expiry of 3 (A).
$ 5,000,000 per occurrence (Insured or Self Insured).
.4 Aircraft Liability - Owned and Etarr-Cwned.
$20,000,000 Centoined Single Limit, Bodily Injury and/or Property image including Admitted Liability.
DO 066130 CONFIDENTIAL
RESPECTS DOW CORNING CORPORATION
. CD
5. Qeneral Liability Including Autatoblle Liability, Products Inability, Watercraft Liability and Mai.practice Liability, Blanket Qytractual "Liability,
Care, Custody and Control, Personal Injury Liability, Host Liquor Liability (separate U.S. and Canaan poii.ci.es) as respects dotestlc operatlcnsT
11,000,000 per occurrence Ccrbined Single Llnilt, Bodily Injury and/or Property Damage
11,000,000 aggregate where applicable.
6. General Liability including Auturoblle Liability, Products Liability, Watercraft Liability and Malpratice Liability, Blanket Contractual Liability,
Care, Custody and Control, Personal Injury Liability, Host Liquor Liablllty-
, as respects foreign operations,
11,000,000 per occurrence Carbined Single Limit, Bodily Injury and/or Property Damage
11,000,000 aggregate where applicable.
7. General Liability including Products Liability, Watercraft Liability and Malpractice Liability, Blanket Contractual Liability, Care, Custody and Control Personal Injury inability, Host Liquor Liability - as respects IXmestlc ard
Foreign Operations, but excluding Automobile Liability.
14,000,000 each occurrence Carbined Single Lindt, Bodily Injury and/or Property Damage
14.000.000 aggregate vhere applicable.
EXCESS OF S and 6 ABOVE
8. Dnployers Liability, Employers Liability as respects Occupational Disease,Inclt Federal longshoremen's and Harbor Workers' Act and Jcnes Act.
11.000.000/11,000,000
9. Aircraft Liability (Owned and Non-Owned)
18.000.000 Carbined Single Idndt, Bodily Injury and/or Property EBnage including Admitted Liability.
10. Landing Dock Liability
11,000,000 any one vessel.
11,000,000 any one casualty or occurrence,
ll.Exoess Landing Dock Liability
14.000.000 any one vessel
14,000,000 any one casualty or occurrence.
EXCESS OF 10 ABOVE
DO 066131 CONFIDENTIAL.
ADDENDUM tP. 1
Attaching to and forming-part of Policy No. 10(059783 issued to: THE DOW CHEMICAL COMPANY AND DOW ODRNING CORPORATION
It is hereby understood and agreed that this Policy shall not apply
a) to Aviaticn Products Liability;
The term "Aviation Products" as used in this exclusion means any aircraft (including missiles or spacecraft and any ground support or control equipment used therwith) and any products furnished by the Assured and installed in aircraft or used in connecticn with aircraft or for spare parts for aircraft, or tooling used for the manufacture thereof, including ground handling tools and equipment and also means training aids, instruction, manuals, blueprints, engineering or other data, engineering or other advice and services and labour relating to such aircraft or products;
O
b)
c) 3
d)
to Liability of the Assured under U.S. Water Quality Inprovaient Act 1970;
to the Cost of Control of any oil and/or gas well and loss of hole and/or in-hole equipment;
to all liability resulting from the sale, distribution, manufacture, preparation or use of the drugs "Diethylstilbestrol" and "Dienestrol' (more cormonly referred to as "D.E.S" and "D.E.N," respectively);
CD
e) to all liability resulting from the distribution, manufacture or use of Agent Orange and/or products known as "245T",
f) to all liability resulting frcm the sale, actninistration or consumption of "MER29" and "Kevadcn";
g) to all liability resulting fran the sale, distribution, manufacture, preparation or use (including inoculation or vaccination) of "Swine Flu Vaccine";
h) to all liability resulting from the distribution, manufacture or use of the product known as "Sarabond";
i) to all liability resulting frcm the distribution, manufacture or use of the product known as "Bendectin".
j) to liability resulting from Marine Protection and Indsmity and/or Charterers Liability except as respects Barges, Scows, Lighters, Tugs, launches and similar watercraft;
k) to any loss or losses attaoning to the Assured in any fiduciary capacity;
l) to any loss or depreciation of, or damage to cash and/or securities and/or other personal property in the care, custody or control of the Assured;
m) to any claim made against the Assured based upon, or arising out of or any way involving, any die or more of the following
DO 066132 CONFIDENTIAL
Addendum no 1 continued. X. Any policy of insurance, reinsurance, or bend including without
limitation annuities, endowments or pension contracts (hereinafter collectively referred to as "Insurance Policy") issued by the Company; 2. Any Insurance Policy issued by any other entity or self-insured program, for which the Company provides services of any kind or character whatsoever; 3. me issuance of, or refusal to issue or renewal, or cancellation of, any Insurance Policy by the Company; 4. Ihe issuance of, refusal to issue or renew, or cancellation of, any Insurance Policy issued by any otter Company or any evidence of Insurance under any self insured program, for which the Company provides services of any kite or character whatsoever; 5. Any claim under any Insurance Policy issued by the Company, or any Insurance Policy issued by any Other entity or any self insured program, for which the Company provides services of any kite or character whatsoever; 6. me hateling by the Company or any of its representatives of any claim or obligation arising out of or under, any Insurance Policy issued by the Company, or any Insurance Policy issued by any other entity or any self insured program, for which the Company provides services of any kite or character whatsoever.
3
All other terms and conditions remain unchanged. RGF/rjb
DO 066133 CONFIDENTIAL
ADDENDUM NO. 2
Attaching to and forming part of Policy No. KY059783
Issued to:
THE DON CHEMICAL COMPANY AND DOT CORNING OORPORATICN
It is hereby understood and agreed that, except insofar as coverage is available to the Assured in the underlying insurances as set out in the attached Schedule, this Policy shall not apply:-
a) to Madical Malpractice Liability;
b) ' to loss of and/or damage to leased premises;
c) to Punitive and/or Exemplary Damages, except as absolutely excluded elsewhere herein;
d) in respect of oil and/or gas exploration and/or drilling operations
i) to underground Property Damage except as absolutely excluded elsewhere herein;
ii) to Explosion, Blowout and/or Cratering Liability.
All other terms and conditions remain unchanged. RGF/rjb
,71
uuu
DO 0661 34 CO Sip-
ZOlThlT T
ADOPDUM NO. 3
Attaching to and forming part of Policy No. KY059783
Issued to:
TOE DOW CHEMICAL COMPANY AND DOW CORNING CORPORATION
It'is hereby understood and agreed that the Named Assured hereunder shall read:-
Ihe Dow Chemical Company and Dow Coming Corporation and any Domestic Corporation or Company in which either or both owns or may own directly or indirectly 50 per cent or more of the ccrrbinad voting power aid any Foreign Corporation or Ccrpany in which either or both owns or may own directly or indirectly more than 50 per cent of the contained voting power and
subsidiary Companies and Corporations wired by Subsidiary Companies and Corporations of the Named Assured shall be included as Assureds if the percentage of Ownership is in accordance with the above.
It is also understood ard agreed that Brazil "Limitada" Companies (meaning limited partnership) shall be considered as meaning "Corporations" as used in the Named Assured as above.
n o n f i ft 0 Ei
All other terms and conditions retain unchanged.
O66I35
CONFTDBNTTAL
ADDaTOCM NO. A Attaching to and forming part of Policy No. KY059783
to: THE DOT CHEMICAL COMPANY AND DCW COWING CORPORATION
Notwithstanding anything contained herein to the contrary, it is hereby understood and agreed that the coverage afforded hereunder is amended to Include "Cordis Dow Corporation", a Joint Venture, as an additional Named Assured.
All other terms and conditions remain unchanged. RGF/rjb
DO CONf 1
ADDENDUM ND. 5
Attaching to and forming part of Policy No. KY059783
Issued to:
THE DOW CHEMICAL COMPANY AND DOW CORNING CORPORATION
It is hereby understood and agreed that Condition P of this Policy is amended to read as follows
"P. CANCELLATION -
IMA Policy nay cnly be cancelled by the underwriters or their representatives, at any anniversary date hereof, by sending by registered Trail ninety (90) days prior notice to the Assured. Ihe mailing of notice as aforesaid by Underwriters or their representatives to the Named Assured at the address shewn in this Policy shall be sufficient proof of notice, and the insurance under this Policy shall end cn the anniversary date and hour of cancellation stated in the notice. Delivery of such written notice by the Underwriters or their representatives shall be equivalent "to railing.
If this Policy shall be cancelled by the Underwriters the Underwriters shall retain the pro rata proportion of the premium for the period this Policy has been in force. Notice of cancellation by the Underwriters shall be effective even though Underwriters rake no payment or tender of return premium with such notice".
ii (J 'J IJ U i)
All other terms and conditions remain unchanged. RGF/rjb
DO 066137 CONFIDENTIAL
ADDENDUM WO. 6
Attaching to and farming part of Policy No. KY059783
Issued to:
THE DOW CHEMICAL COMPANY AND DOW CORNING CORPORATION
Notwithstanding anything stated herein to the contrary, it is hereby agreed that the premium for this Policy is a Minimum and Deposit premium of $7,194,768.00 payable in three annual instalments,.plus a flat premium charge of $3,357,558.00 payable in three annual instalments as follows
nvsk due 1st December, 1983
AMOUNT 52,,023,,648,.40 part of $2,398,256.00 Minimum and Deposit $ 944,,369',,10 part of $1,119,186.00 Flat Premium Charge
1st December, 1984
52,,023,,648..40 part of $2,398,256.00 Minimum and Deposit 5 944,,369,.10 part of $1,119,186.00 Flat Premium Charge
1st December, 1985
52,,023,,648,.40 part of $2,398,256.00 Minimum and Deposit $ 944,,369,.10 part of $1,119,186.00 Flat Premiun Charge
It is further understood and agreed that tie above minimun and deposit premiums are subject to adjustment with the Earned Premiums to be calculated at the rate of $0.1295 per $100.00 of the Assured's Total Payroll for each Calendar Year during each annual period incepting hereon.
The Assured shall declare to underwriters, as soon as possible after each Calendar Year, the Total Payroll for the aforesaid Calendar Year and should the Earned Premium for the said period exceed the Minimum and Deposit Premium paid for the appropriate annual period then the balance shall be payable by the Assured to Underwriters.
If this Policy shall be cancelled by Underwriters they shall be entitled to the Earned Premium for the period that this Policy has been in force or pro rata of the Minimum Premium whichever is the greater plus pro rata of the flat premium charge.
All other terms and conditions remain unchanged. RGF/rjb
conf^0661 C,o l
ADOEM>UM NO. 7
Attaching to and forming part of Policy ft). KYQ59783
Issued to:
THE COW CHEMICAL COMPANY AM) DCW CDHNIN3 CORPORATION
It is hereby understood ard agreed that this Policy is extended to include "Enployee Benefit Liability" as more fully defined in the scheduled underlying policy/ies aid that as respects such coverage this Policy is subject to the same warranties, terms, conditions and exclusions (except as regards the prenium, the obligation to investigate and defend, the amount and limits of liability and renewal agreement, if any) as are contained in the said underlying policy/ies.
It is however further understood and agreed that the above extention in coverage shall not apply to claims based upon the Employee Retirement Ineate Security Act of 1974, Public Law 93-406 (carmcnly referred to as the Pension Reform Act of 1974) and amendments thereto, or similar provisions of any Federal, State or Local Statutory Law or Carmen Law.
il t V jO U U
All other terms ard corditiois raiain unchanged. PGF/rjb
c ft 0 0 0 H f) I I
AD0M3UM HD. 8
Attaching to and forming part of Policy No. Mf059783
Issued to:
THE DOM CHEMICAL COMPANY AND DOW CORNING CORPORATION
It is understood and agreed that "Condition T" of this Policy is amended to read as follows
"T. MAINTENANCE OF A?P RESTRICTIONS IN UtOEKLYING BCURANCES -
It is a condition of this Policy that the policy or policies referred to in the attached "Schedule of Underlying Insurances" shall be maintained in full effect during the policy period without reduction of coverage or limits except for any reduction of the aggregate limit of limits contained therein solely by payment of claims in respect of accidents and/or occurrences occurring during the period of such underlying policy or policies. Failure of the Assured to carply with the foregoing shall not invalidate this Policy but in the event of such failure, the Underwriters shall only be liable to the same extent as they would have been had the Assured complied with the said condition".
All other terms and conditions reiain unchanged. RGF/rjb
DO 066140 CONFIDENTIAL
ADDENDUM ND. 9
Attaching to and forming part of Policy No. KY059783 Issued to: TOE DOW CHEMICAL COMPANY AND DOW CORNING CORPORATION
It 'is hereby understood and agreed that "Condition G" of this Policy is deleted and replaced as follows "G. NOTICE OF OCCURRENCE Wnonever the Manager of Liability Insurance in the Corporate Insurance Department, located at the General Offices of The Dow Chemical Cdrpany at Midland, Michigan 48640, hats information from which the Assured may reasonably conclude that an occurrence covered hereunder involves injuries or damages which, in the event that the Assured should be held liable and The Dow Chemical Caipany Legal Department or Primary Insurers have placed a reserve of $1,000,000 or more, notice shall be sent as 6tated in Item 4 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".
All other terms aid conditions raisin unchanged. RGF/rjb
0 066 h4\ C0NFlDeNTlAL
1 ii:i
<;
ATTPCXH NO. 10
Attaching to and faming part of Policy No. KY059783 Issued to: 3HE DOW CHEMKM, OTPANY AND DOW CORNING CORPORATION
It Is hereby understood and agreed that:-
1. as respects the Assured's oil ard/or gas exploration, drilling and production operations other than those cn, over and/or under water and the Assured's gas production operations on, over and/or under water, the following Seepage, Pollution and Contamination Clause No. 1 shall apply:-
SEEPAGE. POLLUTION ANO CONTAMINATION CLAUSE NO 1
. l ru I ;,,\,r > I
4\<nmjln>'ii
. ` i k .ni,<t,u ,i` ,..s .<i ,r j i'lutfv i,i ,un .uri.itirs'js iii mt ,"'ts: submj''.i\ Uw I'Mcfi* .*........ i'msiJi-iJ
I >JS. (I,i! .11 S
ill t.TJ/,1 Ilt>( j'Vf1 ulo
w.UUfc' iiiJiVM*,., n.
rHIn'i l!us
):isurwiis. Mf uun frritkiv :l. los, ............ difi-Vi* jiirx'1.1 unit mh*,ih:, iIi'ihk Mg' < jii "f su*
Sill slwf'k'J .i' ,'per Jicu I5\, tlf UIIJtT illf tuiurtil Il, I'U' lou'iJ
i^i I i'ss i'l,
m ix h>*\ ii in' <f pMptm tinttils *i ,.iw" v."* fs'Miliitm i'*1'" u
, j im.`J tu tup
% ,n j.r
i>i iIil \stuffd
ll] I'.'funu: Ift'urx *f luvjilv Inmfs of tsiss nl, J i`njif U\ ,<r (s>-s ` -s *'l f*Mptm x!
,-f m
......... tsg
.I'.TJtfe ('iiluiun it .,>n:jn':iu:niii jvmisU'J jMj.x ui.u
rjfJs'fJl'n t4 'iijil mm . u.i*i.it\ Mr
l\fwn.d Ih.um svr Hud*!' IniuM nr Ihv. m ,<r
Jaim.u'v m uf J^inu'nni *" i-ms'i'Ix' pi.mM* * u*xx >*t
JSC ,l sii, h Pf.irrM'd.Utljgi'd III tU'MMMd IMU'I- tmll iiniUCi' f'llnnnn .f ,iHil.iHnliJi...........
1 Us!,ls`ll,
tulinifnjfd JIIO uluses.'.led ItJppfllUH! JliMiW iiifr*f ukd ,,| llm Im.l'jiKf (J| I'lV ,list i* fsfiii*nU, ntl!!lti ine I'f sUra'iiifJ'iip eel'll^}, p>M.iHtirf If xonianmjliii*: Si.psiJII.,'1 UIIKM Ills
llTJrff p.'llnll.'ll sir L.llt|4inill,lll>l|l Is .Juts'll I's I s,ldsll'", imillls'lHjsJ .mj <lllv'S>,Vtsil hj|'|Ssnil!s' d lllli: Ills
sf,id .It i'us liisurjiisV 1*1 I Ts'i, |iifiuiitt`s, t'uriiis s' or i \i r*i[Xjrs sj.uti.isns I !m t :jjsf f ji' m*l sxliiiJ rftis Jn.nrjnss' uirt if* fuf Hit. 'i
s<Ui H"` " m ".iff
unJ.I HU*
I ft MirJ*s V hjsJ nils t I.UI'S IKS| tHYtl Jt! jsmM
1Z'\1Q
NM A
2. as respects the Assured's oil and/or gas exploraticn and/or drilling
operations cn, over and/or under water and the Assured's oil production operations on, over and/or under water and also as respects the operation arri cwrership of watercraft by and/or on behalf of the Assured, the following Seepage, Pollution and Contamination Exclusion Clause No. 2 shall apply
SEEPAGE, POLLUTION AND CONTAAUNATION EXCLUSION CLAUSE Nfc I
(Approval by Lloyd'j Undo uiriiert' Non-Marin* AuociatiQn)
Thii Insurance does not corn- any liability for: (1) Personal lojury or DotlUy Injury or Ion of, damace to. or loss of u of property di/tcily
or inditecily caused by seepage, pollution or contamination. (2) The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating
fubitinces. (3) Lois of, damage to, or loss of use of property directly or indirectly resulting from subsidence
caused by subsurface operations of the Assured. (4) Removal of, loss of or damage to sub-surface oU, gat or any other substance, the properly
of others. (5) Fines, penalties, punitive or aexsplary damages.
22/1/70. K-MA 1684.
42 ;D00WFt0^f^L
3 respects all other operations of the Assured, the following Industries Seepage, Pollution and Ccntanlnaticn Clause No. 3 shall apply!-
iNDUSTfllES, SEEPAGE. POLLUTION AND CONTAMINATION CLAUSE N 3
f hi> Insurant* dOr> nut t>vrr any uitints' i.v'
l > j'ertonji ir.iurv or tfudii* IfMur jr "i,t m, jjru.'r to. o' .nw ;i use j' -'nt-v'ts .jire.tf. o' i*o T/tl* juuwj
-k'fpj^r, ]oilsJiion or . "itjt iwiu'n rtfos iiaj .-* j*% "ij'
11 .tuJ uch .i.'ip.v ''
l Pmorjt Jr.iurs ? p<>Jiis lr..^n .'i ;i" ui ; n\<:*ji uuitus-'f `u "t uv.'L.tioit ol uftviPic PVfs"i., Of io
l or su.'t p'i?p*n\ .UirjivJ <*r -'irosf'.t, *"?tt *k." ve*j.*e, ; 'i-t'or nr jn'in3i' * > .uu'CJ tu
* JJffl, u J >!*. I 0 l><J CtJ 3110 U 't Sts. fj
0-'Miw M *"f lOO l* 1 ' . UNIUf
2> rv ,um ul fcctunn*. r;_ :n.nj nr .irjiiin* uo irmnif,
*i ,,
.un',ji,.L' jt'iev nu
yfpjyr, j'otliition or .jn:ja..R.i'un i .jumj "s j MUdyf i_niurn.;inj
i
h-iffm-i'.' outnw
-mod oi tho insyfj'i^r
i * fi-ev ".'jities. pj iiuvf i*f
irv Jjffi i.'fs
*n- i Ijyti' `'..m n'i rsirni.' >, c j:u*kj >' -ns.!-'
.-j,'; e--*i , > .".`s' i:ihh( .*
surjn.` n.iu (i,,. i, 1j jii not r.*; ' .r.i
22/170
r-n
(1 0 0 6 6 I >:
All other terns and ccnditims terrain unchanged. NGF/rjb
c^?okU3
ADDENDUM NO. 11
Attaching to and forming part of Policy No. KY059783
Tssnal to:
THE DOW CHEMICAL COMPANY AND COW CORNING CORPORATION
Notwithstanding anything contained herein to the contrary, it is hereby understood and agreed that the limit as stated in Item 2(b) of the Declarations also applies separately in respect of Madical Malpractice Liability.
It is further understood and agreed that this Addendum shall not extend this Policy to cover any liability which would not have been covered had this Addendum not been attached.
All other terms and conditions retrain unchanged. RGF/rjb
TD C'>
co^idfntial
ADDENDUM NO. 12
Attaching to and forming part of Policy No. KY059783
Issued to:
THE ECW CHEMICAL COMPANY AND DOW CORNING CORPORATION
It is hereby understood and agreed that Peterson, Ross, Schloerb and Seidel, of Suite 7300, 200 East Randolph Drive, Chicago 60601, shall provide Underwriters with a review prior to each anniversary date of the impairment, if any, of the underlying aggregate limits, but Lord Bissell and Brook, 135 South La Salle Street, Chicago, Illinois 60603, U.S.A., shall continue to report to Underwriters on specific cases already assigned.
(J IJ I.J
C'i C~i
All other terns and conditions renain unchanged. RGF/rjb
DO 066145 CONFIDFNTTAL
ADDENDUM NO.'13
Attaching to and forming part of Policy No. KYQ59783
Issued to:
THE DCW CHEMICAL COMPANY AND DOW CORNING CORPORATION
It is hereby understood and agreed that this Policy is subject to the Assured providing Underwriters with an Annual Review, prior to each anniversary date, of all claims, at which time the coverage afforded and the premium charged shall be subject to review by Underwriters.
All other terms and conditions regain unchanged. RGF/rjb
l 'J UIJ U ii Jj
ADDENDUM NO. 14
Attaching to and forming part of Policy No. KY059783 Issued to: THE DOW OEMICAL COMPANY AND DOW ODRttNG CORPORATION
It is understood and agreed that Exclusion c of the wording of this Policy is anrtded to read as follows
" (c)t to Claims made against the Assured
(i) m account of Personal Injuries or Property Damage resulting frati the failure of the Assured's products or work completed by or for the Assured to perform the function or serve the purpose intended by the Assured, if such failure 1s due to a mistake or deficiency in any design, formula, plan, specification, advertising material or printed instructions prepared or developed by the Assured; but this exclusion (i) does rot apply to Personal Injuries or Property Damage resulting from the active malfunctioning of such
products or work;
(ii)
on account of Property Damage to the Assured's products arising out of such products or any part of such products;
(iii)
cn account of Property Damage to work performed by or on brhalf of the Assured arising out of work or any portion thereof, or out of the materials, parts or equipment furnished in connection therewith;
(iv)
for the withdrawal, inspection, repair, replacement, or loss of use of the Assured's Products or work ccnpleted by or for the Assured if such products, work or property are withdrawn frcrn the market or from use because of any known or suspected defect or deficiency therein;"
All other terms and ccmditims reiain unchanged. RGF/rjb
D(3 O66I47 confidential
ADDENDUM NO: 15
Attaching to and forming part of Policy No. KY059783
issued tO:
THE DCM CHEMICAL COMPANY AND DOW COHNING CORPORATION
Underwriters agree to pay 50 per cent of Allocated Expenses, excess of the 55,000,000 any one occurrence limit referred to in Item 2 of the Schedule of Underlying Insurances, incurred in connection with any claia(s) submitted to Underwriters which, in the judgnent of Dow Chanical Ccmpany and Dow Coming Corporation and agreed to by Underwriters, requires extraordinary expenditures to establish a defence necessary to preclude such claim(s) becoming the precedent for nulti-claimant actions having the potential of extraordinary loss Dollars.
It is further understood and agreed that in such circumstances, the underlying aggregate limit referred to in said Item 2 will only be impaired by $500,000 for Allocated Expenses or so deemed.
ID ID
All other terms and conditions rerain unchanged. RGF/rjb
06^ 48 00 COMF
ADDENDUM W3. 16
Attaching to and forming part of Policy No. KY059783
Issued to:
THE DOW CHEMICAL COMPANY AND DOW COINING CORPORATION
It is understood and agreed that notwithstanding anything contained in the attached Joint Venture Clause (N.M.A. 1687) to the contrary the following shall apply:-
JOINT VENTURE AGREEMENT
It is agreed that in the normal conduct of the Assured's business the Assured may enter into diverse agreements for the furtherance of the Assured's operations. These agreements irey be in the farm of joint ventures with others, iranegsnent agreements, operation agreements, partnerships, and the like. Wherever and whenever the Assured has the responsibility for insurance protection, or has agreed to provide insurance protection for the benefit of the participants in such agreements, this Policy shall apply to all participating interests as though such interests were specifically named as Assureds hereunder.
n
All other teurs and conditions remain unchanged. RGF/rjb
DO 0661.49 CONFIDENT! A1
ADDENDUM NO, 17
Attaching to and forming part of Policy No. KY059783
Issued to:
IKE DOW CHEMICAL COMPANY AND DOW COINING CORPORATION
It is hereby understood and agreed that the Definition of "occurrence" in DQRINCO primary $5,000,000 per occurrence Policy is as follows:
"Occurrence" means an accident, including continuous or repeated exposure to conditions which results in Personal Injury or Property Damage which is not intended from the standpoint of the Insured.
Notwithstanding the foregoing, $5,000,000 per occurrence is deemed to be $5,000,000 per claimant for the purposes of applying the underlying limits hereon.
All other terms and RGF/rjb
remain unchanged
DO 066150 CONFIDENTIAL.
' NUCLEAR INCIDENT EXCLUSION CLAUSE--LIABILITY--DIRECT (BROAD) (Approved by Lloyd's Underwriters' Non-Marine Association)
For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rtco and the Canal Zone:--
Owners, Landlords and Tenants Liability, Contractual Liability, Elevator Liability, Owners or Contractors (including railroad) Protective Liability, Manufacturers and Contractors Liability, Product Liability, Professional end Malpractice Liability, Storekeepers Liability, Oarage Liability, Automobile Liability (including Massachusetts Motor Vehicle or Garage Liability), not being insurances of the classifications to which the Nuclear Incident Exclusion Clause--LiabilityDirect (Limited) applies
This po!:, y *
I Under any L labihls Coverage. to injury, sickness, disease, death nr destruction
does not apply,--
ui with respect 10 which an insured under the polio is also an insured under a nuclear energy
liability polio issued by Nuclear Energy Lubiliis Insurance Association. Mutual Atomic
Energy I.lability Underwriters or Nuclear Insurance Association ol Canada, or would be an
insured under any such policy but lor its termination upon exhaustion of ns limit ol' liability; or
(b) resulting Horn the hazardous properties ol nuclear material and with respect to which (I) any
person or organisation is required to maintain imancial protection pursuant to the Atomic
bnergy Act ot l*)}4. or any law amendatory ihereol. or (2) the insured is, or had this policy not
been issued woutJ be. entitled to mdemniiy irom the United States ol America, or any agency
thereni. under any agreement entered into b> the United States ol Amenca.or anv agency
thereof. with any person or organisation,
Under any Medical Hayments Coverage. or under any Supplementary Pasments Provision relating to
immediate medical or surgical rebel, to expenses incurred with respect to bodily injury, sickness, disease
or death resulting from the hazardous properties ol nuclear material and arising out ot the operation ot a ituJur laviluy hy any person or organization,
III Under am (.lability Coverage, to injury, sickness, disease, death or destruction resulting irom the ha/jrdous properties ol nuclear material, il
(a) the nuclear material <11 is at any nuclear lacihty owned by, or operated by or on behali' ol, an
insured or (2) has been discharged or dispersed therefrom;
(h) the nuclear material ts contained in spent luei or waste at any time possessed, handled, used,
processed, stored, transported or disposed ol bs or on hehall ot an insured, or
U> the injury, sickness, disease, death or destruction arises out ol the luftnshmg hy an insured ol serm.es, materials, pans or equipment in connection with the planning, construction,
niuimenancc, operation or use ol any nuclear lability. hut H such lacihty is losjicd wnhm lhe
United States oi America, its ternturics or possessions or C anada, this exclusion (cl applies onlv
IV
to injury tuor destructtonoi property at such nuclear lacihty As used m this endorsement
"ha/Hrdou* prupemrs" include radioactive, toxic or explosive properties: "nuclear material" means
source material, special nuclear material or byproduct material, "source material", "special nuclear
material", and "byproduct material" have the meanings given them in the Atomic Fnergy Act
or in
any law amendatory thereol; "ipenl fuel" means any tucl element sir fuel component, sohd or liquid,
which has been used or exposed to radiation m a nuclear reactor: "wajie" means any waste material (l)
sontatritng bs product material and |2l resulting Irom the operation hy any person or organization ol any
nuclear las'ihiy included within the delmmon ol iiutlcar lasting under paragraph (a) or lb) thereol: "nuclear facility" means
(a) any nuclear reactor.
(b) any equipment or device designed or used lor Hi separating the isotopes ot uranium or
plulontum. (2) processing or utilizing spent luel, Ol 131 handling, processing or packaging waste.
<s) any equipment or device used lor the protesting, fabricating or alloying ol special nuclear
material il at any tunc the <mal amount ol such material m the custody ol the insured at the
premises where such equipment or device is located consists ot or contains more than 2) grams
o:tjsp,lutonium or uranium 23) or any combination thereol. ot more than 2 So grams ol uranium
(d) anv structure, basin. ec3> anon, premises or pl.tse prepared of used lor the storage or disposal of waste,
and mJudes the site on which any nl the to* *> ig is located, all i>peruiions conducted on such sue and all
premises used lor such operations: "nycletr reactor" means any apparatus designed or used to sustain
nuslejr tission m a selt-suppsjmng sham reaction or to contain a critical mass of hssionable material.
Wnh respect to injury to or destruction of property, the word "injury" or "destruction" includes all
lormiof radioactive contamination ol property
lo
It is understood and agreed that, the terms, exclusions, conditions
except as specifically pros ided tn the foregoing to the and limitations of the Policy to which n is attached
contrary.
this
clause
is
subject
it I
i
Non as respects policies which afford liability coverages and other lorms ot coverage m addition, the words underlined should be amended to designate the liability coverage to which mis clause is to apply
i
00 06635]
confidfntiai.
NUCLEAR INCIDENT EXCLUSION CLAUSE--LIABILITY--DIRECT (BROAD) (Approved by Lloyd`S Underwriters * Non-Marine Association)
For attachment to insurances of the following classifications in the U,S.A,, its Territories and Possessions, Puerto Rico ond the Canal Zone:--
Owners, Landlords ond Tenants Liability. Contractual Liability, Elevator Liability, Owners or Contractors (including railroad) Protective Liability, Manufacturers ond Contractors Liability, Product Liability, Professional and Malpractice Liability. Storekeepers Liability, Garoee Liability. Automobile LiobHitv fincluding Massachusetts Motor Vehicle or Garage
_____ U,S*A.
lity--
RADIOACTIVE CONTAMINATION EXCLUSION CI.AUSE-UABILITY-DIRECT (Approved by Lloyd's Underwriters' Non-Marine Association)
For attachment On addition to the appropriate Nuclear Incident Exclusion Clause--Liability-- Direct) to liability insurances affording worldwide coverage.
In ftlaiion lo liability arising outside the U.S.A.. us Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused b> or contributed to by or arising from ionising radiations or contamination by radioactivity from anv nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
13/2/M N.M.A.J477
U.S.A.
AT* TAX CLAUSE (Approved by Lloyd's Underwriters' Non-Menne Association)
~S'otitc is hereby given that the Underwriters have agreed to allow Tor the purpose of paying (he Federal Excise Tax 4#.'t of the premium payable hereon to the extent such premium is subject to Federal Excise Tax.
It is understood and agreed that in (he event of any return of premium becoming due hereunder the Underwriters will deduct 4*7* from the amount of ihe return and the Assured or his agent should take steps to recover the Tax from the U-S- Government
19/S/M
N.M.A, 1546
p'y-energy norms'
be an iiy; or
11 any
tiomic k'v not agency
aisency
n#ting 10
s disease
'inn of J
used.
ed Ot ,'iion, m the
i only
[ lUCf..
\S '
:vi % .'it
\ ."1:1.1
.iiui .irrecTM ns f\ssut, j :i: 1 ntierw riterv that. as recardx am lijbiiii*
s'>.' ufti'v.' iuu:-.'......... ``ii'kv an ` ;: r* in anv manner wnnuoewr otu ot me
.............
s.men'--- i.ti'.i le;;v.\ ion*' operating ac'eemcn' o*
>: ;
. * Jui::: \ ,,* "1 m w i*. .1. m; AvMircJ his an mtcre*:. the habil'tv n*
j.' !iitt i'u.i.'. vt*ah t>.` n.til's*' !> me r:i.:.:*t <>: i.ti sue pcr.rni.ij:e interest ol the Assure*1
\ mi in: ini..: in.,.. *>: 11; 1 i-i ..t..tt*v aiiurcs*! me Assured r\ mis Pone.
1 e:es ui ms *ss..n uu lunn \ rimin' is not set lurtii m is'ntmy, tn.
p;-:i . . p- iiu'i v.m .'1 vsottiii p,` iii'i'.vseti hv Los m me inception ot ms* Joint
ii' > , 1. n*'i (>, i".***is... 1 v trim' n' useti.s others interested in the s.irJ Jour
i2< , -
u 11.i.r : * J .uui u-'r-ett :r.i' where anv tin'.te'ivnie ihMiraneetsl njse been reduerJ tv
.
. .
. .: '. ,<s :i,ir,tv",nv c11 me itahi::'\ 01 L'ftoerwriters tmiler thi* Pone., as limited
*. n.,v, in/
rt' ti". .it ..is'..." 'eJ-i *'e.l iitti:: * u! an\ under is my insiryn.visi aM*
means
utlrar t nr m iguid, iat ID st any ereof;
im nr .aging
uclear at ihe grams itiium
tpmal
:: 1 7n
N V *. I*.-'
,nd alt
uvtam
I
les all
Ii is understood and agreed ihat. e*cepi av specifically provided m the loregoing to the contrary. this clause iv subject to the terinv. exclusions. londmons and limitations ol the Policy 10 which n o attached
'Not 1 --As respeen policies which afford liability coverage* and other torm* ol coverage in addition, the words underlined should be amended 10 designate the liability vOverage to which iho clause is in apply.
17/3/60 N SI A.1256
* '
j
DO 066152 CONFIDENTJAL
--w1
""s C'i PO
CO
LONDON,
No...*xw?m.
ID
A/C TOE DOS'! l"HTMrrrBiT nr'MP*w avn mj rmmr rnwranTm-
3faurant ^Solitp [Companies]
Date of expiry,.J.at. Decanter,..19.86........
DO 066153 CONFIDENTIAL
PSAC'FOErCY*
IN CONSIDERATION of the Insured named in the Schedule hereto having paid the
premium stated in the said Schedule to the Insurers named herein who have hereunto subscribed
their Names ("the Insurers")
1 .,
T: ; ,'
THE INSURERS HEREBY SEVERALLY AGREE each-for the "proportion set against
its own name to indemnify the Insured or the Insured's Executors and Administrators against loss,
damage or liability to the extent and in the manner set forth herein. Provided that the aggregate
liability of the Insurers shall not exceed the Sum-Insured or other limits as arc set forth ih-.the
Schedule.
........
If the Insured shall make any claim knowing the same to be false or fraudulent, as regards amount or otherwise, this Policy shall become void and all claim hereunder shall be forfeited.
IN WITNESS WHEREOF the Policy Signing Manager of THE POLICY SIGNING & ACCOUNTING CENTRE LIMITED ("PSAC") has subscribed his name on behalf of each of the PSAC Companies and (where the Companies Collective Signing Agreement ("CCSA") is being implemented) on behalf of the Leading CCSA Company which is a PSAC member and authorised to sign this Policy (either itself or by delegation to PSAC) on behalf of all the other CCSA Companies.
Signed:
Polity Signing Manager
Policy Department Seal
Date as in the Schedule.
:s;
PSAC POL. I REVISED 9/78
DO 066154
CONFIDENT! Al
The Insuren
PSAC Whether.; Company CCSA Proportion Number or not '
CNA REINSURANCE OF LONDON LIMITED
YASUDA FIRE AND MARINE INSURANCE COMPANY (UK) LIMITED
per: Leslie and Godwin Agencies Limited
BRITISH NATIONAL INSURANCE COMPANY LIMITED
C4009
Y1901 ' B3002
11.66%
1.86% 2.10%
Reference Numbers
G353305 B98 S15
83155087 02736408832N R
....................................................
rn
"D O
ro
7T>
,-
i DO 066155 1 CONFIDENTIAL
Policy No. KY05S2B3.
THE SCHEDULE
The Insured
the KM CHEMICAL COMPANY A3 DOW CORNING CORPORATION,
2030 Dow Center,
Midland,
Michigan 48640,
II..6. A-___________________________________________________________
Premium U.S.$549,424.44
Sum Insured 15.62% of U.S.$5,Q00,000 each occurrence (Aggregates Products and Occupational
Disease and Medical Malpractice. EXCESS OF: .A) ie amount covered under underlying insurances
B) U.S.$1,000,000 each occurrence.in respect of losses not covered
I *
by said underlying insurances
1 - %..
Hie Interest Insured Coverage in respect of all the Insured's operations "'vj;; I .!'
.. "..i,-.rvt
Injured Perils BROAD FORM LIABILITY INSURANCE
! 1
j
V
Period of Insurance
From 1st Decarber, 1983
To 1st Decorber, 1986
both days at 12.01 a.m. Local Standard Time and for such further period or periods as may be mutually agreed.
COINSURANCE CLAUSE
It is warranted that this Policy shall run concurrently with and be subject to the same terms,
provisions, and limitations as are contained in Policy No. KY059783
issued by h.S. Weaver-. X-lti .riting) Agencies Limited
covering the identical subject
matter and risk. RGF/rib_______________________________________
...-.-----------------------------------------
DO 066156 CONFIDENTIAL
r\\ n n n r, f) 2 n
No..KY059383.. (
t o
o
Q
oz
G
PSAC POLICY
ve 13CE DOW CHEMICAL COMPANY AED Name........ JXW.Q0RtmC.O3FiPQRAi:iQN............
Expity Date .... 1st,Docanber,,,. 1986 ..
fi
!*"-
O CV Q
V>
O
'9
t
i
AUETOLM KD 1 Attaching to end farming pert of Policy No KVO60783
to: HE COkJ CHEMICAL OPAW ATO DOW CCR'TOC CEPPCRATKH.
It is terdy irtJerstood and agreed that the p^onicm far this policy is b Minirun end Deceit prwutm of $7,194,`358.00 payable in three tmsl instalnents plvs e flat Wditicral Fhoniun of t3.3S7.5S6.CD payable in three ortal inetalnoits.
In respect of the at*we the instalments are dje and payable as follcws:-
Ente Due
front
1st Decertjer.1983
SSS.C2A.44 part of S3,517,442.00
1st Decerber.1964
$549,424.44 part of 3,517,442.00
1st Dece*er.l985
$549,424.44 pert of $3,517,442.00
"
All other terns and oordittcns of the Policy rerainir^ ushered.
CD
C'i ro :z>
DO 066158 CONFIDENTIAL
IUyUZN/lbU4n HM
Bowring
COVER NOTE
BOWRING NON-MARINE INSURANCE BROKERS LTD* tcung *$ tgems ol
C.T. BOWRING & CO. (INSURANCE) LTD.
Lloyd's Brokers
P.O.BOX 145, THE BOWRING BUILDING* TOWER PLACE* LONDON EC3P 3BE
(Rtgisir*d Offic*)
TELEPHONE: 01-353 3100 TELEGRAMS: BOWINSUR
* LONDON EC3
TELEX: B82191
Rogi*tr*d No. 1712637 London
Cancelling and Replacing C/N dated 05/01/84. In ccordtnet with your instructions w havi arranged cover as follows:
pi.am
document Cirfuiiy
tnd advitt ut immadiataiy if if * mco*r*ct
or don not
your roquiramanti.
pf*nt*iw*Yf KY059783 Quote trut No.....................................................
27th January. 1984. "....... ............... --.....................
VAT No. 244 3517 79
*-1
-q
cs i--i 01 CD
ca
TYPE:
BROAD FORM LIABILITY INSURANCE.
FORM: r
LONDON 1971 UMBRELLA FORM AS PER EXPIRING WORDING AND AS AGREED BY UNDERWRITERS (AMENDED FOR JOINT VENTURES).
INCLUDING:
Employee Benefits Liability, but excluding claims arising from E.R.I.5.A. (1974)
EXCLUDING:
As per attached schedule.
ASSURED:
PERIOD: INTEREST:
THE DOW CHEMICAL COMPANY AND DOW CORNING CORPORATION and any Domestic Corporation or Company in which either or both owns or may own directly or indirectly 50 percent or more of the combined voting power and any Foreign Corporation or Company in which either or both owns or may own directly or indirectly more than 502 of the combined voting power and subsidiary Companies and Corporations owned by Subsidiary Companies and Corporations of the named insured shall be included as insureds if the percentage of ownership is in accordance with the above. Brazil "llmitada" companies (meaning limited partnership) shall be considered as meaning "Corporations11 as used in named insured clause.
n
36 months at 1st December, 1983.
T3
Coverage in respect of all the Insured's operations.
SUM INSURED;
$5,000,000
each occurrence (Aggregates Products and Occupational Disease and Medical Malpractice.
to
EXCESS OF:-
A) The amount covered under underlying insurances as per
r schedule.
--i
For the attention of Glen Gibson, Marsh & McLennan Incorporated,
One Woodward Avenue, Detroit, Michigan 48226, U.S.A.
L
600
BOWRING NON-MARINE INSURANCE BROKERS LTD.
- 4m.iuOirector
DO 066159 CONFIDENTIAL
--'
CD
CONTINUATION SHEET
/V*
KY059783
CD CO
Pias nimmi this document cartfu/ly and advise us immadiitsiy it it is incorrect
or docs not meet your requirements.
2
:UU0 0 0 U
B) Jl,000,000
each occurrence in respect of losses not covered by said underlying insurances.
SITUATION:
Worldwide.
CONDITIONS: ,
MINIMUM t DEPOSIT PREMIUM: p
Annual Review by Peterson, Ross, Schloerb and Seidel (as expiring). Service of Suit Clause. Tax Clause (if applicable). Exhaustion of Aggregate Endorsement - as expiring. Cancellation Clause 90 Days at Anniversary only by Underwriters and Non Cancellable by Assured during 36 months period hereon. N.M.A. 1256/1477/1687. Annual Review of All Claims by Underwriters prior to each anniversary date. Broad as Primary Rider - as expiring and as agreed by Underwriters. Notice of Loss to Marsh t> McLennan.
N.M.A. 1685 but in respect of the Assured's oil/gas exploration, drilling and production operations N.M.A. 1683 other than such operations, on, over and/or under water which subject to N.M.A. 1684.
N.M.A. 1684 in respect of the operation and ownership of any watercraft by and/or on behalf of the Assured.
Notwithstanding the foregoing N.M.A. 1683 shall apply in respect of gas production operations.
Including C0RDIS-D0W CORPORATION, a joint venture - as expiring.
J7,194,768 (payable l/3rd annually) adjustable annually at 12.95^S total payroll for Calendar Year (each annual period incepting hereon).
plus:
Flat Additional Premium $3,357,558 (payable 1/3rd annually).
Less 4% Federal ExcisrjTax (where applicable).
Marsh & McLennan Incorporated, One Woodward Avenue, Detroit, Michigan 48226,
U.S.A.
H 8800jlhf:ri l!
CONTINUATION SHEET
No..
KY059783
Pka* mine thi* document carefully
ana *dvi*e us immediately if it is incorrect or does not meet your requirements.
* * * *,
*
65.00* (24.73)1 WALBROOK INSURANCE COMPANY LIMITED (10.75* EL PASO INSURANCE COMPANY LIMITED (18.82* DART i KRAFT INSURANCE COMPANY LIMITED ( 8.06* LOUISVILLE INSURANCE COMPANY LIMITED
( 6.45* LUDGATE INSURANCE COMPANY LIMITED ( 8.61* BERMUDA FIRE & MARINE INSURANCE COMPANY LIMITED (10.75* "WINTERTHUR" SWISS INSURANCE COMPANY ( 9.68* MUTUAL REINSURANCE COMPANY LIMITED (2.15* COMPAGNIE EUROPEENNE O'ASSURANCES ( INDUSTRIELLES S.A. (per H.S. Weavers (Underwriting) Agencies Ltd.
12.00* CNA REINSURANCE OF LONDON LIMITED 14.41* LEXINGTON INSURANCE COMPANY
1.92* (YASUDA FIRE t MARINE INSURANCE COMPANY (U.K.) LIMITED (per Leslie & Godwin Agencies Ltd.
2.59* FOLKSAM INTERNATIONAL INSURANCE COMPANY (U.K.) LIMITED
1.92* ASSICURAZIONI GENERALI S.p.A. 2.16* BRITISH NATIONAL INSURANCE COMPANY LIMITED
Hereon
TJtOm
* (These Companies allow Federal Excise Tax).
r
Mar3;; L McLennan Incorporated, One Woodward Avenue, Detroit, Michigan 43226, U.S.A.
D0 066161 CONFIDENTIAL
CONTINUATION SHEET
KY059783
No....................... _ . .
CO t-o
Pltai* (min* this document carefully and advise us immsoiaisiy if it ts incorrect or does not meet your requirements.
F005862
THE DOW CHEMICAL COMPANY ETAL SCHEDULE OF UNDERLYING INSURANCES
1. General Liability including Products Liability (other than U.S.A. Products Liability), Automobile Liability, Watercraft Liability (Respect Barges, Scows, Lighters, Tugs, Launches and similar Watercraft) in Rem, Airport Liability, Hangar Liability, Professional Liability, Malpractice Liability, Employee Benefits Liability, Blanket Contractual and Care, Custody and Control other
than owned or transported.
$ 5,000,000
C.S.L. B.I. and/or P.0, per occurrence/ No aggregate.
2. Products Liability respects U.S.A.
$ 5,000,000
C.S.L. B.I. and/or P.D. per occurrence (including allocated expenses not exceeding $500,000 any one occurrence).
$20,000,000
C.S.L. B.I. and/or P.D. annual aggregate (including allocated expenses not exceeding $500,000 any one occurrence).
ONLY AMOUNTS (INCLUDING ALLOCATED EXPENSES) EXCESS OF $500,000 each occurrence (including allocated expenses) shall go to
erode the annual aggregate.
In the event the $20,000,000 aggregate is exhausted Umbrella to be excess of $500,000 each occurrence (including allocated expenses not exceeding $500,000 any one occurrence).
3. A)
Employers Liability, Employers Liability Occupational Disease including Federal Longshoreman's and Harbor Workers Act and' Uones Act~
$ 5,000,000/$5,000,000
B) Employers Liability Occupational Disease (in respect of claims made 36 months after expiry of 4 (A).
$ 5,000,000
per occurrence (Insured or Self Insured).
r
Marsh & McLennan Incorporated, One Woodward Avenue, Detroit, Michigan 43226, U.S.A.
"i
J
DO 06616?
CONFIDENTIAL
CONTINUATION SHEET
Ns.
KY059783
Plsisc ximinc this document esrsfuliy and advisa us ifnimontily if it is incorrset or docs not maai your requirements.
4! Aircraft Liability - Owned andNOn-Owned
J20,000,000
C.S.L. B.I. and/or P.D. Including Admitted Liability.
C
^
c t
RESPECT DOW CORNINGS CORPORATIONS
5. -General Liability including Automobile Liability, Products Liability, Watercraft Liability and Malpractice Liability - Respect Domestic operations.
$ 1,000,000
per occurrence C.S.L. B.I. and/or P.D.
$ 1,000,000 aggregate where applicable.
6. General Liability including Automobile Liability, Products Liability, Watercraft Liability and Malpractice Liability - Respect Foreign operations.
5 1,000,000
per occurrence C.S.L. B.I. and/or P.D.
J 1,000,000 aggregate where applicable.
7. General Liability including Products Liability, Watercraft Liability and Malpractice Liability - Respect Domestic and Foreign operations, but excluding
Automobile Liability.
J 4,000,000 each occurrence C.S.L. B.I. and/or P.D.
5 4,000,000 aggregate where
applicable._JJ.
EXCESS OF 5 AND 6 ABOVE
8. Employers Liability, Employers Liability Occupational Disease.
J 1,000,000/51,000,000
9. Aircraft Liability (Owned and Non-Owned)
$ 8,000,000
C.S.L. B.I. and/or p.D. including Admitted Liability.
r
Marsh & McLennan Incorporated, One Woodward Avenue, Detroit, Michigan 48226, U.S.A.
i
"i
j
DO 0661&3 CONFIDENTIAL
;'F.005 864
CONTINUATION SHEET
No.
KY059783
------
Pitas* txtmint this documtnt cartfully and advist g immtdiattly if it is incorrect or dots not mot your raquirtmtnts.
10. Landing Dock Liability.
$ 1,000,000 J 1,000,000
any one vessel. any one casualty or occurrence.
11. Excess Landing Dock Liability.
5 4,000,000
any one vessel.
5 4,000,000
any one casualty or occurrence.
EXCESS OF 11 ABOVE
Fit nonf>^'
Marsh 4 McLennan Incorporated, One Woodward Avenue, Detroit, Michigan 48226,
U.S.A.
1
DO 066164 CONFIDENTIAL
9 E CJ 'J ( J U U
CONTINUATION SHEET
KY0597S3
No.______ ...____ .
(his document cartfullv
and advis* us immediately if it * incorrect 7 or dot* not meet your requirement*.
c o fiq n n .-i^
DOW CHEMICAL CO.
Exclusions
PART ONE:
a) Aviation Products as per wording agreed by Underwriters.
b) Liability of Assured under u.S. Water Quality Improvement Act 1970.
c) Cost of Control of any oil/gas well and loss of hole and/or in hole equipment.
d) Liability resulting from D.E.S. (as agreed by Underwriters).
e) Liability resulting from Marine Protection and Indemnity and Charterers Liability except as respects Barges, Scows, Lighters, Tugs, Launches and similar watercraft.
f) Financial and Insurance Company Exclusions as follows:-
UMBRELLA-FINANCE EXCLUSIONS:
Excluding any loss or losses attaching to the Assured in any Fiduciary Capacity.
Excluding any loss or depreciation of, or damage to cash and/or securities and/or other personal property in care, custody and control of the Assured.
Insurance Company exclusion for umbrella policy:-
Thls policy shall not apply to any claim made against the Assured based upon, or arising out of, or any way involving, any one or more of the following:-
1. Any Policy of Insurance, Reinsurance, or Bond including without Limitation Annuities, Endowments or Pension Contracts (hereinafter collectively referred to as "Insurance Policy") issued by the Company.
2. Any Insurance Policy issued by any other entity or self-insured program, for which the Company provides services of any kind or character whatsoever.
Marsh & McLennan Incorporated, One Woodward Avenue, Detroit, Michigan 48226,
U.S.A.
"1
DO 066165 CONFIDENTIAL
9 9 8 S0 0 id.] r- e " I W
CONTINUATION SHEET
No.
KY059783
w*
Pftas
this document eatafuJIy
and advis* us immadiataiy if if it incorract
8 or dot rot m*i your r*quir*mamt.
3 The Issuance of, or refusal to Issue or renew, or cancellation of, any
Insurance Policy by the Company.
The issuance of, refusal to issue or renew, or cancellation of, any Insurance Policy Issued by any other Company or any evidence of Insuranc under any self insured program, for which the Company provides services any kind or character whatsoever.
Any claim under, any Insurance Policy Issued by the Company, or any Insurance Policy issued by any other entity of any self insured program, for which the Company provides services of any kind or character whatsoever.
The handling by the Company or any of its representatives or any claim o obligation arising out of or under, any Insurance Policy issued by the Company, of an Insurance Policy issued by any other entity or any self insured program, for which the company provides services of any kind or character whatsoever.
r
Marsh & McLennan Incorporated, One Woodward Avenue, Oetroit, Michigan 48226, U.S.A.
~!
CONTINUATION SHEET
KY059783
N6.^------------ _---------------------- ,,
xtmio this document etnfully nd tdvis* us immdist*ly M it is incorrect or dd*t not moot your rvQwirmnt*.
DOW CHEMICAL CO. - Exclusions
g) All liability and/or claims resulting from manufacture, use and/or distribution of Agent Orange and/or Product known as "245T"
h) Claims for the administration and/or sale or consumption of MER 29 and Kevadon.
i) Manufacture and/or distribution of "Swine Flu" vaccine.
j) All liability and/or claims resulting from manufacture, distribution and/or use of product known as "5ARAB0ND"
k) All liability and/or claims resulting from manufacture and/or distribution and/or use of product known as "BENDECTIN".
PART TWO: a) Medical Malpractice. b) Loss of and/or damage to leased premises. c) Punitive and/or Exemplary Damages. d) In respect of oil/gas exploration and/or drilling operations. (i) Underground Property Damage not already excluded by N.M.A 1683/4. (1i) Explosion, Blowout and/or Cratering.
o on
G">
CO CTO
r
Marsh & McLennan Incorporated, One Woodward Avenue, Detroit, Michigan 48226, U.S.A.
DO 066167 CONFIDENTIAL
|0217A/C8
Bowring
ADDENDUM
Anmchiftf to wd fotmfay pm of Co**? Not* No.
KY059783
BOWRING NON`MARINE INSURANCE BROKERS LTD.
acting at agent* oi
C.T. BOWRING & CO. {INSURANCE) LTD.
Lloyd'* Braltart
pla aiamina this doeumant ctfafuQv and advita us immodiataly d it is incorrtet ot dots not moot you* raouiftmam*.
P.O. SOX 145, THE BOWRtNG BUILDING. TOWER PLACE. LONDON C3P 3BE
(Ragiftartd Office)
TELEPHONE: 01-2B3 3100 TELEGRAMS: BOWINSUR
LONDONEC3
TELEX; S82191
Ragittarad No. 1712837 London
In aeeordanct with your instruction* wt have arranged cover at follows;
7th January, 1985
Data....................... ................... ............
VAT No. 244 2S17 79
A/C: THE DOW CHEMICAL COMPANY AND DOW CORNING CORPORATION
Effective 1st December, 1984:
1) Underwriters participations are amended to read as follows:-
86.667% (24.73% WALBROOK INSURANCE COMPANY LIMITED (10.75% EL PASO INSURANCE COMPANY LIMITED (18.82% DART 1 KRAFT INSURANCE COMPANY LIMITED ( 8.06% LOUISVILLE INSURANCE COMPANY LIMITED ( 6.45% LUDGATE INSURANCE COMPANY LIMITED
ie ( 8.61% BERMUDA FIRE & MARINE INSURANCE COMPANY LIMITED (10.75% "WINTERTHUR" SWISS INSURANCE COMPANY * ( 9.68% MUTUAL REINSURANCE COMPANY LIMITED * ( 2.15% COMPAGNIE EUROPEENNE D'ASSURANCES
( INDUSTR1ELLES S.A. (per H.S. Weavers (Underwriting) Agencies Ltd. 13.333% LEXINGTON INSURANCE COMPANY
100.000%
* These Companies allow Federal Excise Tax.
2) The amount of Insurance afforded hereon is reduced to read:-
75% of Limits and Premium.
r attention of Mr Richard Peters Marsh ; McLennan Incorporated, One Woodward Avenue, Detroit, Michigan 48226, U.S.A.
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DO 066168 CONFIDENTIAL
All Other Term? and Conditioni Remaining Unch* 'a**
BOWRING NON MARINE INSURANCE BROKERS LTD.
L
ttmoof 04/*cic
N/M 03
IjLJ
Bowring
addendum Anything to 000 forming port of Cortf Nott No, KY059783
BOWRING NON-MARINE INSURANCE BROKERS LTD. acting agents ol C.T. BOWRING & CO. (INSURANCE) LTD.
Lloyd's fifokars
Pi*M asarnm* ihis document e*ttulty nd advise u* immediately if it it incorrect or does not meet your requirements.
P.O.BOX 145. THE BOWRING BUILDING, TOWER PLACE. LONDON EC3P 38E
(Registered Office)
TELEPHONE: 01*253 3100 TELEGRAMS: BOWlNSUR
LONDON EC3
TELEX: 882101
Registered No. 171283? London
In according, with Your initruetioni wa hivi arranjad eovar ai (ollewi:
D.i* 19th February, 1986
VAT Ns. >44 2517 79
ASSURED:
DOW CHEMICAL CORPORATION
Effective 1st December, 1985 the following amendments have been made:*
1, The Premium hereon is amended to read:
Annual Minimum Deposit Premium Plus Annual Flat Premium Plus a further Additional Premium
S 2.398,256.00 $ 1,119,186.00 S 2,500,000.00
2, Underwriters participations are amended to read as follows:
100% Per H.S.Weavers (Underwriting) Agencies Ltd.
(34.75% Walbrook Ins. Co. Ltd (22.00% Dart 5. Kraft Ins. Co. Ltd (11.30% El Paso Ins. Co. Ltd (10.00% Louisville Ins. Co. Ltd ( 6.75% Ludgate Ins. Co. Ltd (10.20% Mutual Reinsurance Co. Ltd * ( 5.00% Compagnie Europeenne ( d'Assurances Industrielles S.A.
* These companies allow 4% Federal Excise Tax
3, The amount of insurance afforded hereon is amended to read 65% of Limits and Premium.
f~ MARSH & MCLENNAN INCORPORATED MULTINATIONAI .INSURANCE SERVICES ONE WOODWARD kVL.NUL" ' DETROIT MICHIGAN 48226 USA
L Vour ref: RICHARD PETERS
%/M 403
^ All Olher Teirm and Condition! Rerunning Unchanged
BOWRING NON -MARINE INSURANCE BROKERS LTD.
J a-. DO 066169
CONFIDENTIAL