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