Document Z5oy9wR2796KRQQYdvk3kO6Y

EXCESS THIRD PARTY LIABILITY POLICY to be issued by the company designated by X below Affiliated FM Insurance Company _ Appalachian Insurance Company | O. Box 7500 Johnston Rhode Island 02919 DECLARATIONS Item 1. Name of Insured Johnson & Johnson Policy No. XL 96447 P.O. Address 501 George St. New Brunswick New Jersey Item 2. Locatioonf Coverage Item 3. Policy Period From_ As Above Land as further defined in JAN 1977 END 1 To January 1 1978 12:01 A.M. Standard Time at the address of the insured stated above the Primary Policy Item 4. Primary Insurance Insurer and Policy Number including renewals replacements thereof North River Insurance Co. Policy # TBD Item 5 Item 6. Description of Coverage Excess Umbrella Liability Limits of Liability The limit of the Company's liability shall be as stated herein subject to all the terms of this policy having ref- erence thereto SECTION I IN EXCESS OF SECTION II SECTION III Coverage Company Limits Underlying Limits Total Limits A. Bodily Injury A Each Person $ A \ A Each Accident or Occurrence | $ A A Aggregate Products $ A B. Property Damage Automobile $ Each Accident or Occurrence | $ A C. Property Damage $ Each Accident or Occurrence | $ ta Except Automobile 69 Aggregate Operations 6A ta 69 Aggregate Protective 6A ta 69 Aggregate Products $ ta $ Aggregate Contractual $ A D. Combined Single Limit Bodily $ Each Accident or Occurrence | $ A Injury and Property Damage $ Aggregate $ $ E. Other Excess Umbrella Liability See Endorsement No. 1 Item 7. Premium Computation Premium Basis Estimated Exposure Rate Estimated Premium Flat Charge A A 2,095.00 Deposit Premium $ 2,095.00 2,095.00 Minimum Premium $ 2,095.00 2,095.00 Audit Period A Limit of Endorsement No. 1 Employee Retirement Income Security Act Endorsement No. 2 Date of Issue___ March 31 1977 Michael Maloney Countersigned by- Authorized Representative Representative an Allendale associate associate 2129 4/73 CONFIDENTIAL LTL 0005354 INSURING AGREEMENT In consideration of the payment of the applicable insuring agreements tions and as fully and to all intents III of the Declarations This policy excess of the corresponding amount premium stated in the Declarations the Company agrees to indemnify the insured in accordance with of the Primary Insurance against loss subject to the limits stated in Item 6 Section 1 of the Declaraand purposes as though the Primary Insurance had been issued for the limits set forth in Item 6 Section shall apply only to coverages for which an amount is indicated in Item 6 Section , and then only in as indicated in Item 6 Section II of the Declarations DEFINITIONS 1. Loss The word loss shall be understood to mean the sums paid in settlements of losses for deductions for all other recoveries salvages and other insurances other than recoveries surer whether recoverable or not and shall exclude all expense and costs which under the the insured is liable after making policy of the Primary In- 2. Costs The word costs shall be understood to mean interest on judgments investigations adjustment and legal expenses excluding however all expense for salaried employees and retained counsel of and all office expense of the insured 3. Primary Insurance The term primary insurance shall be understood to mean the policy policies described in Item 4 NUCLEAR ENERGY LIABILITY EXCLUSION It is agreed that the insurance afforded under any liability coverage of this policy or of any endorsement used herewith does not apply ' a to injury sickness disease death or destruction with respect to which an insured under the policy is also an insured under a contract of nuclear energy liability insurance issued by the Nuclear Energy Liability Insurance Association or the Mutual Atomic Energy Liability Underwriters and in effect at the time of the occurrence resulting in such injury sickness disease death or destruction provided such contract of nuclear energy liability insurance shall be deemed to be in effect at the time of such occurrence notwithstanding such contract has terminated upon exhaustion of its limit of liability b to the ownership maintenance operation or use of a nuclear facility by or on behalf of an insured with respect to injury sickness disease death or destruction resulting from the nuclear hazard provided that except for byproduct material this paragrech b shall not apply to goods or products manufactured or handled by a nuclear facility owned maintained operated or used by c behalf of an insured while such goods or products are away from such facility after sale or distribution to others c to the furnishing of services materials parts or equipment by an insured in connection with the planning construction maintenance operation or use of any nuclear facility 1 with respect to injury to or destruction of any nuclear facility or property thereat resulting from the nuclear energy hazard or 2 if the nuclear facility is located outside the United States of America its territories or possessions or Canada with respect to injury sickness disease death or destruction resulting from the nuclear energy hazard d to the transportation handling use sale distribution or disposal of byproduct material with respect to injury sickness disease death or destruction resulting from the nuclear energy hazard As used in this exclusion 1. The term nuclear energy hazard means the radioactive toxic explosive or other hazardous properties of source material special nuclear material or byproduct material " 2. The terms source material " special nuclear material and byproduct material shall have the meanings given them in the Atomic Energy Act of 1954 or by any law amendatory thereof provided except for byproduct material a contained in or combined with special nuclear material or b held stored transported or disposed of as waste by or on behalf of a nuclear facility byproduct material shall not include any radioactive isotope away from a nuclear facility 3. The term nuclear facility means a any apparatus designed or used to sustain nuclear fission in a supporting chain reaction or to contain a critical mass of fissionable material b any equipment or device ) designed or used for the separation of the isotopes of uranium or plutonium ii designed or used for the processing fabricating or alloying of special nuclear material or of irradiated materials containing special nuclear material iii incorporating or making use of such irradiated materials or iv designed or used for processing waste byproduct material c any structure basin excavation premises or place prepared or used for the storage or disposal of waste source material or waste consisting of or containing special nuclear material or byproduct material and includes the site on which any of the foregoing is located together with all operations conducted thereon and all premises used for such operations Subdivision ii of paragraph b foregoing is not applicable to the occasional mechanical processing or fabricating of special nuclear material by any person or organization at a location which contains no equipment device or apparatus otherwise defined herein as a nuclear facility where special nuclear or byproduct material is not regularly handled stored or disposed of as waste and which is principally used for other operations not related to the handling fabricating or use of special nuclear material 4. With respect to injury to or destruction of property the word injury or destruction includes all forms of radioactive contamin of property 2129 4/73 2 CONFIDENTIAL LTL 0005355 CONDITIONS 1. It is agreed that this policy except as herein stated is subject to all conditions agreements and limitations of and shall follow the Primary Insurance in all respects including changes by endorsement and the Insured shall furnish the Company with copies of such changes It is further agreed should any alteration be made in the premium for the policy of the Primary Insurers during the period of this Policy then the premium hereon other than the Minimum Premium shall be adjusted accordingly 2. Notice of any accident which appears likely to involve this policy shall be given to the Company which at its own option may but is not required to participate in the investigation settlement or defense of any claim or suit In the event expense and costs in connection with any claim or suit is incurred jointly by mutual consent of the Company and of the Insured or Primary Insurer the Company in addition to its limits of liability as expressed in Item 6 Section I of the Declarations shall be liable for no greater proportion of such expense and costs than the amount payable by the Company under this Policy bears to the total loss payment 3. With respect to each coverage in Item 6 Section 1 of the Declarations the Bodily Injury limit applicable to each accident is subject to the limit specified as applicable to each person There is no limit to the number of accidents for which claims may be brought hereunder provided such accidents occur during the period of this policy except as provided by aggregate limits which with respect to Item 6 Section , when inserted therein apply to all accidents happening during each twelve month's term of the Policy 4. All salvages recoveries or payments recovered or received subsequent to a loss settlement under the Policy shall be applied as if recovered or received prior to such settlement and all necessary adjustments shall then be made between the Insured and the Company provided always that nothing in this Policy shall be construed to mean that losses under this Policy are not recoverable until the Insured's ultimate net loss has been finally ascertained 5. This Policy may be cancelled at any time at the written notice of the Insured or may be cancelled by or on behalf of the Company provided ten 10 days written notice is given to the Insured at the address shown in the Declarations The mailing of notice as aforesaid shall be sufficient proof of notice The effective date of cancellation stated in the notice shall become the end of the policy period In the event of the cancellation or termination of the Primary Insurance or of a renewal thereof this policy to the extent of such cancellation or termination shall cease to apply at the same time without notice to the insured If the named Insured cancels earned premium or minimum premium whichever is greater shall be computed in accordance with the customary short rate table and procedure If the Company cancels earned premium or minimum premium whichever is greater shall be computed pro rata IN WITNESS WHEREOF this Company has executed and attested these presents but this shall not be valid unless countersigned by the duly authorized representative of this Company policy H. Hinat Secretary President 2129 4/73 CONFIDENTIAL LTL 0005356 GENERAL CHANGE ENDORSEMENT Page 1 of This endorsement forms a part of and is for attachment to the following designated policy Af iliated Affiliated FM Insurance Company POLICY NO ISSUED TO {] Appalachian Insurance Company XL 96447 ENDT NO Johnson 7 -((] Completes Binder No. (3k No Binder 3 Authorized Authorized All Terms and Conditions remain unchanged except ie Representative Representative Additional premium due now 405.00 pro rata of $ ( ([] Return premium due now $ pro rata of$ EFFECTIVE DATE OF THIS ENDORSEMENT 1/1/77 Representative (-]_ Premium subject to audit In consideration of the additional premium shown above it is agreed that the effective date is amended to read January 1 1977 4/20/77 3239 5/76 CONFIDENTIAL Printed in U.S.A. LTL 0005357 GENERAL CHANGE ENDORSEMENT Page 1 of 1 is endorsement forms a part of and is for attachment to the following designated policy (x Affiliated FM Insurance Company (J Appalachian Insurance {[] . Completes Binder No. Binder (x) No Binder POLICY NO XL 96447 ENDT NO 1 ISSUED TO es BY a V 4f oe Lt. vee Herico Representative EFFECTIVE DATE OF |, THIS ENDORSEMENT ! Sae aes All Terms and Conditions remain unchanged except Additional premium due now $ {] Return premium due now $ pro rata of $ ) pro rata of $ (_] Premium subject to audit It is agreed that the Company's limit of liability shall apply excess of loss as follows $ 250,000 per occurrence Part of $ per 15,000,000 Excess of $ per 35,000,000 occurrence occurrence annual aggregate 250,000 annual aggregate 15,000,000 annual aggregate 35,000,000 Excess of the schedule of underlying insurance described in the policies listed in Item 4 of the Declarations Page 3239 5/76 CONFIDENTIAL Printed in U.S.A. LTL 0005358 GENERAL CHANGE ENDORSEMENT Page 1 of This endorsement forms a part of it Affiliated FM Insurance Company (] Appalachian Insurance Company and is for attachment to the following POLICY NO ISSUED TO XL 96447 designated policy EFFECTIVE DATE i THIS ENDORSEMENT ! i {_] Completes Binder No. _ [3% No Binder ENDT NO BY BY /| 2 7 All Terms and Conditions remain unchanged except 2 a a eal ama i. [] Additional premium due now $ pro rata of $ (-] Return premium due now $ ) pro rata of$ . resentative (J Premium subject to audit It is agreed that such coverage as is afforded by this policy does not apply to any claim or suit for loss or damage arising out of any duty imposed upon the insured by virtue of the provisions of public law 93-406 The Employee Retirement Income Security Act of 1974 3239 5/76 CONFIDENTIAL Printed in U.S.A. LTL 0005359 AFFILIATED FM INSURANCE COMPANY APPALACHIAN INSURANCE COMPANY UMBRELLA & EXCESS CASUALTY CLAIM REPORTING PROCEDURE The initial report of any occurrence likely to involve a claim against an Affiliated FM or Appalachian policy must be reported directly to our Company When any doubt exists that a claim could involve our coverage it should be resolved by reporting the claim to our Company to satisfy the policy reporting requirements and protect the insured's interests All reports should identify the insured provide a description of the occurrence and include pertinent correspondence and documnets All reports should be sent to Affiliated FM Insurance Company Appalachian Insurance Company Claims Department O. Box 7500 Johnston R. I. 02919 401 275-3000 Please have the enclosed acknowledgement completed by the insured's employee responsible for reporting claims under this policy and return the card to us 3388 CONFIDENTIAL Printed in U.S.A. LTL 0005360