Document Re1XkZNJVZqg0m9xRXGRej8z

THE STOCK COMPANY HOME INSURANCE COMPANY -Manchester New Hampshire- INSURANCE HOMEHOME i COMPANIES ITEM 1. Insured's Name and Mailing Address Johnson Johnson & Johnson As Per End't No. 501 George Street New Brunswick New New etal 1 Jersey | 08903 One Years NEW YORK OFFICE Producer >fi Johnson & Higgins | 95 Wall St. New York N.Y. 10005 33005 Producer No. 053 053 OPC __| State Loc ~ 1/1/77 1/1/78 Inception Mo. Day Yr Expiration Mo. Day Yr 12:01 AM Standard Time at the address of the Named Insured as stated herein ITEM 2. PRIMARY OR UNDERLYING INSURANCE DESCRIPTION OF COVERAGE 5,000,000.00 Umbrella Liability each occurrence and in the aggregate where applicable Bodily Injury Property Damage or both combined as more fully described by North River Ins Co. Policy No. to be advised in turn excess of underlying insurances as per schedule on file with the Company ITEM 3. EXCESS COVERAGE AFFORDED BY THIS POLICY 4,000,000.00 part of 15,000,000.00 each occurrence and in the aggregate where applicable Bodily Injury Property Damage or both combined following the terms conditions exclusions and limitations of North River Ins Co. Policy No. to be advised excess of the limits set forth under Item 2. above ITEM 4. PREMIUM U.S.- 198,678.00 minimum and deposit adjustable as per End't No. 3 Canada - See End't No. 2 Guaranty Fund 53.33 In Witness Whereof the said THE HOME INSURANCE COMPANY has caused these Presents to be signed by its President and attested by its Secretary at its Executive Office located in the City of New York and this policy is made and accepted upon the above express conditions but shall not be valid unless countersigned by a duly Authorized Representative of the Company at place of issue Jaript 7. Zuin Secretary Rickman COUNTERSIGNED BY COUNTERSIGNED N. +9735 Rickman Vice H.Taller DATE President Jr. President 1/19/77 eg CONFIDENTIAL LTL 0005227 EXCESS LIABILITY POLICY THE HOME INSURANCE COMPANIES Hereinafter called the Company Agrees with the Insured named in the schedule made a part hereof in consideration of the payment of the premium and subject to all of the terms of this Policy as follows As respects accidents or occurrences whichever is applicable taking place during the period of the Policy the Company agrees to afford the Insured such additional insurance as the issuers of the Underlying Coverage specified in the schedule would afford the insured by increasing the underlying limit from the limit set forth under Item 2 of the Declarations to the limit set forth under Items 2 and 3 of the Declarations combined provided that it is expressly agreed that liability shall attach to the Company a only after the issuers of the Underlying Coverage have paid have been held liable to pay the full amount of the said und lying limit and b only as respects such additional amounts in excess thereof would be payable by the issuers of the Underlying Coverage the said underlying limit were amended as aforesaid and c in no greater amount than the limit set forth under Item of the Declarations ultimate net loss as respects each accide or occurrence whichever is applicable taking place during t period of this Subject to the limit set forth und Item 3 of the Declarations ultimate niet loss in the aggrega where applicable for each annual period during the curren of this Policy DEFINITIONS 1. Ultimate Net Loss The words ultimate net loss shall be under- stood to mean the amount payable in settlement of the liability of the insured after making insurances however policy collectible valid and Primary Insurer of the and Costs for deductions all recoveries and for other the excepting shall exclude all expenses and 2. Costs The word costs shall be understood to mean intere accruing after entry of judgment investigation adjustment ar legal expenses excluding however all office expenses of th Insured all expenses for salaried employees of the Insured ar general retainer fees for counsel normally paid by the Insured CONDITIONS 1 MAINTENANCE OF UNDERLYING INSURANCE It is a condi- tion of this Policy that the Underlying Coverage be maintained in full effect during the period of this Policy except for the reduction of the aggregate limits contained therein solely by payment of claims for accidents or occurrences whichever is applicable which take place during the period of this Policy If the Underlying Coverage is terminated during the period of the Policy the effective date of termination of the said Underlying Coverage shall be the end of the period of this Policy This Policy is subject to the same warranties terms and condi- tions ( otherwise provided herein as are contained in or except added the Underlying Underlying as may ing of be added to the an accident or Underlying prior Underlying CovCeroavgeerage prior occurrence whichever is to the the happen- happen- applicable for which claim is made hereunder 2 PREMIUM The Insured shall pay premium to the Company as specified in the schedule If the Insured terminates this Policy earned premium shall be computed in accordance with the customary short rate table and procedure If the Company terminates this Policy earned premium shall be computed pro rata 3. NOTIFICATION OF CLAIMS The insured upon knowledge c any accident or occurrence whichever is applicable likely t give rise to a claim hereunder notice thereof to the Company shall give immediate writte 4. ASSISTANCE AND OPERATION The Company shall not be called upon to assume charge of the settlement or defense of any claim made or suit brought or proceeding instituted against the Insured but the Company shall have the right and shall be given the opportunity to associate with the insured or the in- sured's underlying insurers or both in the defense and control of any claim suit or proceeding relative to an occurrence where the claim or suit involves or appears reasonably likely to involve the Company in which event the Insured and the Company shall operate in all things in the defense of such claim , suit Or proceeding : 5. TERMINATION The Insured may terminate this Policy at any time by giving to the Company 30 days previous notice The Company may terminate this Policy at any time by giving to the Insured 30 days previous notice Any such notice shall be sent by registered mail and shall state the date upon which termination shall become effective The effective date of termina tion shall be the end of the period of this Policy In Witness Whereof the Company has caused this Policy to be executed and attested but this Policy shall not be valid unless countersigned on this Declaration page by a duly authorized representative of the Company H20493 TEXT 11/72 CONFIDENTIAL LTL 0005228 PREMIUM ENDORSEMENT INSURANCE HOME COMPANIES Endorsement No. 1 Issued by - Type in full name of Insuring Company POLICY NUMBER HEC 9 32 88 48 THE HOME NAMED INSURED INSURANCE INSURANCE COMPANY Johnson & Johnson etal 1/1/77 1/19/77 Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged In consideration of the premium charged it is agreed and under- stood that the Named Insured is defined as follows Johnson & Johnson and any affiliated associated or subsidiary company in any tier as now or hereafter formed acquired or constituted or any other Company which Johnson & Johnson has or acquires active control or management SIGNATURE AUTHORIZED REPRESENTATIVE H 22300 FH 7/73 CONFIDENTIAL LTL 0005229 GENERAL PURPOSE ENDORSEMENT ma Endorsement No. 2 ISSUED BY Type full name of Insuring Company THE HOME INSURANCE COMPANY Policy Number Named Insured HEC 9 32 88 48 Policy Inception Johnson & Johnson Policy Expiration etal Effective Date and Time of Endorsement 1/1/77 Producer 1/1/78 1/1/77 Producer OPC Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged CANADIAN SCHEDULE ) PRODUCER PRODUCER NO OPC PREMIUM Johnson & Higgins 20 Toronto Street Willis Toronto Ontario Canada Faber Ltd. 22313 871 14,656.00 Annual Minimum & Deposit adjustable as per End't No. 3 It is agreed that above premium and losses are payable in Canadian Funds ...... Date Prepared RepresentativReepresentative 1/19/77 Total Additional Premium See Above Pro Rata of Total Return Premium Pro Rata or Short Rate of PREMIUM ADJUSTMENT IF THE PREMIUM IS PAYABLE IN INSTALLMENTS DATES DUE GNL 6868 F 2/74 PRESENT INSTALLMENT $ $ |g EA ae $ ls $ INCREASE DECREASE $ $ $ $ | REVISED INSTALLMENT ls ig ls is CONFIDENTIAL LTL 0005230 | PREMIUM ENDORSEMENT COMPANIES COMPANIES Endorsement No. 3 Issued by - Type in full name of Insuring Company THE HOME INSURANCE COMPANY HEC 9 32 88 48 Johnson & Johnson etal 1/1/77 1/19/77 Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged In consideration of the premium Item 4 and Endorsement No. 2 of the following charged the premiums shown in this policy shall be based upon Ethical Drugs - A rate of .188 per 1,000.00 of annual gross sales predicated on estimated annual gross sales of 258,959,000.00 Ethical Drugs - A rate of .875 per 1,000.01,0000.00 of of annual annual gross sales predicated on estimated annual gross sales of 135,200,000.00 All Other Products - A rate of .0915 per 1,000.00 of annual gross sales predicated on estimated annual gross sales of 1,504,813,000.00 K. fe hiner SIGNATURE OF AUTHORIZED REPRESENTATIVE H 22300 FH 7/73 CONFIDENTIAL LTL 0005231 ; i ; | PREMIUM ENDORSEMENT Endorsement No. 3 Revised Issued by - Type in full name of Insuring Company POLICY NUMBER The Home _ NAMED INSURED surance surance Company HEC HEC HEC EFFECTIVE 902 902 902 DATE AND 83 83 48 48 TIME OF ENDORSEMENT Johnson Johnson Johnson . DATE JohnsonPREPARED etal 1/1/77 PRODUCER 2/17/77 ib PRODUCER NO OPC Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged In consideration of the Premium Item 4 and Endorsement No. 2 of the following- charged the Premises shown in this Policy shall be based upon Ethical Drugs - A rate of 1.88 per 1,000.00 of annual gross sales predicated on estimated annual gross sales of 258,959,000.00 Non Ethical Drugs 1,0 0.0 ~ A rate of .875 per 1,000.00 1,000.00 1,000.00 of annual gross sales predicated on estimated estimated estimated annual gross sales of 135,200,000.00 135,200,000.00 All other Products -A rate of .0915 per 1,000.00 sales predicated on estimated sales of 1,504,813,000.00 of annual gross annual gross K. SIGNATURE OF AUTHORIZED REPRESENTATIVE H 22300 FH 7/73 CONFIDENTIAL LTL 0005232 PREMIUM ENDORSEMENT Endorsement No. 4 Issued by - Type in full name of Insuring Company POLICY NUMBER HEC 9 32 88 48 THE HOME INSURANCE NAMED INSURED COMPANY Johnson & Johnson etal 1/1/77 1/19/77 Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged Exclusion of DES diethystilbestrol In consideration of the premium charged it is agreed that this policy shall not apply to any liability for bodily injury personal injury or property damage arising out of the manufacturing handling distribution sale application consumption or use of any drug or product known as diethystilbestrol or DES or which has the same chemical formulary or which is a stilbene derivative or which is generally known in the pharmaceutical trade as having a like formulation structure or function by whatever name manufactured sold or distributed This exclusion includes but is not limited to the following products Estrobene Cyren A Dienestrol Promethestrol Diproprionate Benzestrol Hexetrol Domestrol Fonatol Oestranol I Destrogenine Destromenin Palestrol Stilboestroform Oestromon Stilboefral Distilbene Grafestrol Stilkap Sexocretin Oestromensyl Percutacrine Oestrogenique Isovesco Serral Sibol Milestrol Bestrol Estrosyn Bio Microest Synestrin tablets Synthoestrin Stilbetin It is further agreed that with respect to policy Condition 1 line 4 of maintenance of Underlying Insurance which begins reduction of the aggregate limits " is hereby amended in part so that the following is added thereto but solely as respects paid losses that do not arise out of the manufacturing handling distribution sale application consumption or use of any drug or product known as diethystilbestrol or DES or which has the same chemical formulary or which is a stilbene derivative or which is generally known in the pharmaceutical trade as having a like formulation structure or function by whatever name manufactured sold or distributed This exclusion includes but is not limited to the following products Estrobene Cyren A Dienestrol Bromethestrol Diproprionate Benzestrol Hexatrol Domestrol Fonatol Oestranol I Oestrogenine Destromenin Palestrol Stilboestroform Oestromon Stilboefral Distilbene Grafestrol Stilkap Sexocretin Oestromensyl Percutacrine Destrogenique Isovesco Serral Sibol Milestrol Bestrol Estrosyn Bio Microest Synestrin tablets Synthoestrin Stilbetin a SIGNATURE OF AUTHORIZED REPRESENTATIVE H 22300 FH 7/73 CONFIDENTIAL LTL 0005233 PREMIUM ENDORSEMENT Issued by - Type in full name of Insuring Company INSURANCE HOME COMPANIES Endorsement No. 5 POLICY NUMBER HEC 9 32 88 48 THE HOME NAMED INSURED INSURANCE COMPANY Johnson & Johnson etal 1/1/77 1/19/77 Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged SWINE FLU EXCLUSION In consideration of the premium charged it is agreed that this policy shall not apply to any liability for personal injury bodily injury sickness disease or death at any time resulting therefrom or property damage arising out of the manufacture handling distribution testing sale application administration ingestion injection consumption or other use of any nature or kind whatsoever of monovalent bivalent or any other vaccine or immunization agent by whatever name or designation manufactured sold or distributed which is intended to protect humans against that strain or strains or influenza virus commonly designated as Swine Flu It is further agreed that with respect to Policy Condition # line 4 of Maintenance of Underlying Insurance which begins reduction of the aggregate limits is hereby amended in part so that the following is added thereto but solely as respects paid losses that do not arise out of the manufacture handling distribution testing sale application administration ingestion injection consumption or other use of any nature or kind whatsoever of monovalent bivalent or any other vaccine or immunization agent by whatever name or designation manufactured sold or distributed which is intended to protect humans against that strain or strains of influenza virus commonly designated as Swine Flu -- --be,lman SIGNATURE OF AUTHORIZED REPRESENTATIVE H 22300 FH 7/73 CONFIDENTIAL LTL 0005234 , | PREMIUM ENDORSEMENT Issued by - Type in full name of Insuring Company INSURANCE HOME COMPANIES Endorsement No. 6 POLICY NUMBER HEC 9 32 88 48 THE HOME INSURANCE COMPANY NAMED INSURED Johnson & Johnson etal 1/1/77 1/19/77 Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged EXCLUSION OF PRODUCTS RECALL This Policy does not apply To damages claimed for the withdrawal inspection repair replacement or loss of use of the Named Insured's products or work completed by or for the Named Insured or of any property of which such products form a part if such products work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein a SIGNATURE OF AUTHORIZED REPRESENTATIVE H 22300 FH 7/73 CONFIDENTIAL LTL 0005235 PREMIUM ENDORSEMENT Issued by - Type in full name of Insuring Company Endorsement No. 7 POLICY NUMBER HEC 9 32 88 48 THE HOME INSURANCE NAMED INSURED COMPANY Johnson & Johnson etal 1/1/77 1/19/77 Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged Notwithstanding any provision of this policy to the contrary this policy shall not apply to personal injury or property damage resulting from the failure of the Insured's products or work completed by or for the Insured to perform the function or serve the purpose intended by the Insured is such failure is due to a mistake or deficiency in any design formula plan specifications advertising material or printed instructions prepared or developed by or for any insured but neither this nor any other exclusion shall apply to personal injury or property damage other than damage to the property of the Insured resulting from the active malfunction of such products or work The words active malfunction refer to a malfunction causing personal injury or property damage independent of that which would have been the result of the mere failure of the products or work to perform the function or serve the purpose intended ly CO I Rehman Rehman Rehman SIGNATURE OF AUTHORIZED REPRESENTATIVE H 22300 FH 7/73 CONFIDENTIAL LTL 0005236 PREMIUM ENDORSEMENT gINSURANCE COMPANIES Endorsement No. 8 Issued by - Type in full name of Insuring Company THE HOME INSURANCE COMPANY HEC 9 32 88 48 1/1/77 Johnson & Johnson etal 1/19/77 Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged In consideration of the premium charged it is understood and agreed that such coverage as is afforded by this Policy does not apply to foreign operations other than Canada K. REPRESENTATIVE WW AUTHORIZED REPRESENTATIVE H 22300 FH 7/73 CONFIDENTIAL LTL 0005237 PREMIUM ENDORSEMENT Issued by - Type in full name of Insuring Company Endorsement No. 8 Revised POLICY NUMBER THE HOME INSURANCE NAMED INSURED COMPANY HEC 9 32 88 48 EFFECTIVE DATE AND TIME OF ENDORSEMENT Johnson & Johnson DATE PREPARED etal 1/1/77 PRODUCER 7/26/77 eg PRODUCER NO -OPC Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged In consideration of the premium charged it is understood and agreed that such coverage as is afforded by this Policy shall not apply to any claim or claims arising out of products manufactured outside the U.S.A. or Canada other than such products which are distributed within the U.S.A. or Canada T SIGNATURE OF AUTHORIZED Richman H 22300 FH 7/73 CONFIDENTIAL LTL 0005238 CONTAMINATION AND POLLUTION ENDORSEMENT Endorsement No. 9 Issued by B.]THE HOME INSURANCE COMPANY (_] THE HOME INDEMNITY COMPANY POLICY NUMBER NAMED INSURED HEC 9 32 EFFECTIVE DATE 88 48 Johnson & Johnson DATE PREPARED etal 1/1/77 PRODUCER 1/19/77 PRODUCER NO OPC Johnson & Higgins 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged It is agreed that such insurance as is afforded by this policy does not apply to Personal Injury or Property Damage arising out of the discharge dispersal release or escape of smoke vapors soot fumes acids alkalis toxic chemicals liquids or gases waste materials or other irritants contaminants or pollutants into or upon land the atmosphere or any water course or body of water but this exclusion does not apply if such discharge dispersal release or escape is sudden and accidental It is further agreed that in no event shall coverage provided by this policy for Contamination and Pollution be broader than that provided by the Underlying Insurances set forth in the Schedule of Underlying Insurances K. AUTHORIZED int! SIGNATURE OF AUTHORIZED REPRESENTATIVE H28579 FH CONFIDENTIAL LTL 0005239 | i i issued to by Endt 10 NUCLEAR ENERGY G 661a LIABILITY EXCLUSION BROAD FORM ENDORSEMENT GU 8679a Ed 10-59 This endorsement effective 1/1/77 12:01 A. M. standard time Johnson & Johnson etal 1 forms a part of policy No. HEC 9 32 88 48 The Home Insurance Company It is agreed that the policy does not apply [ . | . 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 or would be an insured under any such policy but for its termination 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 America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization H. Under any Medical Payments Coverage or under any Supplementary Payments provision relating to immediate medical or surgical relief to expenses incurred with respect to bodily injury sickness disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a 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 material if a 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 dispersed therefrom b the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c the injury sickness disease death or destruction arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c applies only to injury to or destruction of property at such nuclear facility IV As used in this endorsement hazardous properties include radioactive toxic or explosive properties nuclear material means source material special nuclear material or byproduct material source material special nuclear material and byproduct material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor waste means or organization thereof any waste material 1 of any nuclear facility containing byproduct material and included within the definition of 2 resulting from the operation by nuclear facility under paragraph any a person or b 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 d any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations nuclear reactor means any apparatus designed or used to sustain nuclear fission in a supporting chain reaction or to contain a critical mass of fissionable material With respect to injury to or destruction of property the word injury or destruction includes all forms of radioactive contamination of property H30150 : J HN Cechman Cechman Cechman 1 Authorized Representative CONFIDENTIAL LTL 0005240 GENERAL PURPOSE ENDORSEMENT ISSUED BY Type full name of Insuring Company The Home Insurance Company Policy Number HEC 9 32 88 48 Named Insured Johnson Policy Inception 1/1/77 Producer Johnson & Higgins Policy Expiration 1/1/78 ; & Johnson Endorsement No. 11 etal Effective Date and Time of Endorsement 1/1/77 Producer OPC 33005-053 It is agreed that this policy is hereby amended as indicated All other terms and conditions of this policy remain unchanged In consideration of a return premium of 1,024.00 Premium is amended to read as follows Item 4 U.S. - 197,654.00 Minimum & deposit adjustable as per Endt No. 3 Canada - See Endt No. 2 It is further agreed that Endorsement No. 2 Canadian Schedule is amended in part to read as follows 15,680.00 annual minimum and deposit adjustable as per Endt No. 3 Signature of Authorized Signature , Date Prepared 2/23/77 Representative Ah iw Total Additional Premium an Pro Rata of Total Return Premium 1,024.00 Pro Rata or Short Rate of PREMIUM ADJUSTMENT IF THE PREMIUM IS PAyable in INSTALLMENTS DATES DUE GNL 6868 F 2/74 PRESENT INSTALLMENT ls $ is $ ds $ Is $ INCREASE DECREASE $ $ $ $ | REVISED INSTALLMENT $ $ $ fy 1/78 CONFIDENTIAL LTL 0005241