Document bBE3823NRkRzXdE93rr4dk3GO

N21330 GLD051899 0049-GLD-000051899 Le x in g t o n In s u r a n c e Co mp a n y PH)tw Vlo - 5522 TVwni Lcy*r ; V2S fertwT^afe 11 jin Named Insured Address: s c m CORPORATION 299-Park Ave. Wo.f * iiT^vr* i Am" Wilmington, Delaware (A Slock InsurancaCompany) Administrative Offices;'100 Summer Street, Boston, Massachusetts Following Form -- Excess Liability Policy t Insuring Agreements The Lexington Insurance Company.(hereinafter calied the "Company") in consideration of tha payment of premium and in reliance upon-the statements in the Declarations made a part hereof, hereby agrees to indemnify the Insured named in the Declarations (hereinafter called the "Insured") in accordance with the applicable insuring agreements, terms, conditions and exclusions of the Underlying Policy (and renewals thereof on the same basis) specified in Section 11(a) of the Declarations (hereinafter called the "Underlying Policy") and the exclusions, conditions and other terms of this policy or endorsisment(s) attached hereto, against loss which is excess of the total limitl(s) of all Underlying Insurance specified in Section It (b) of the Declarations subject to the limit of liability stated in Section I (c) of the Declarations. The provisions of the Underlying Policy: except as regards the premium, the obligationto investigate and defend and for costs and expenses incident to the same, the amount and limits of liability, the renewal agreement, if ary, additional coverage provided by a discovery period provision, and any other provision therein inconsistent with this policy are hereby incorporated as part of this policy. Liability of the Company under this policy shall not attach unless and until the insured or the Insured's Underlying Insurance has paid or has been held liable to pay the total applicable underlying limits. II EXCLUSIONS -- This policy does not apply: (a) to bodiliy 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 watercourse or body of water; but this exclusion does not apply ii such discharge, dispersal, release or escape is sudden and accidental; (b) Nuclear Energy Liability Exclusions: 1. 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 of Canada, or would be an Insured under any such policy but tor 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 re quired to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the Insured i3, or had this policy not been issued would be, entitled to indemnity from the United Slates 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. 2. Under any Medical Payments Coverage, or under any Supplementary Payments provisions relating to immediate medical or surgi cal relief, to expenses incurred with respect to bodily injury, sickness, disease or aeath resulting from the hazardous properties of nuclear material and arising out of a nuclear facility by any person or organization. 3. Under any Liability Coverage, to.'injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if (i) 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; / (ii) The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, trans ported or disposed of b^or on behalf of any insured; or (iii) The injury, sicknes^, disease, death or destruction arises out of the furnishing by an Insured ot services, materials, parts ot 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 possession of Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility. 23057 61771 GLD051900 0049-G LD-000051900 LEXINGTON INSURANCE COMPANY Wilmington, Delaware (A Stock Insurance Company) Administrative Offices: 100 Summer Street, Boston, Massachusetts Named Insured Address: j SCM CORPORATION .259 Park Ave* New York, New York 10017 Policy No.^. 5522670 Renewal oi No.: 5522119 ............ f WK DECLARATIONS -- FOLLOWING FORM EXCESS LIABILITY POLICY SECTION I -- EXCESS INSURANCE (a) Policy Period: From: _ 1/1/82 To: 1/1/83 12:01 a.m.Standard Time at the Address of the Insured stated herein. (b) Coverage: Excess Umbrella (c) Limits of Liability: See Endt. #1 (d> Premium: $ 29> Minimum Premium: Audit Period: r /a 529,000 Rating Base: f l a t Rate: N/A SECTION II -- UNDERLYING INSURANCE (a) Underlying Policy: Hartford Coverage: Umbrella Liability Policy No.: to be advised Policy Limit: 9,000,000. x/s primary Policy Period: 1/1/82 to 1/1/83 (b) Total limits of alt underlying insurance including the underlying policy in excess of which this policy applies. $10,000,000. x/s primaries T^ftTC/isLa^i < 1 =A-/- ' Endorsements'Made Part of this Policy: ^ 2 3,4, Countersigned On: January 6, 1982 At Boston, Massachusetts 02110 2305* (1/79) GXJD051901 0049-G LD-000051901 policy No. by ENDORSEMENT #1 Thij endorsement, effective 1/1/82 M. 552 2670 issued to SCM Corp.. Lexington Insurance Company --* form* a part of Bf is understood and agreed that as respects the Policy Declarations, Section I-(C) (Excess Insurance- - Limits of Liability ) and Section II-(-B) (Underlying InsuranceTotal Limits of all underlying insurance in.clud3.ng the underlying policy in excess of which this policy applies) are as follows: - (A) $5,000,000 part.of $25,000,000 each occurrence and in annual aggregate excess $14,000,000 each occurrence and annual aggregate where applicable excess of primary policies. (B) $5,000,000 part-of $25,000,000 each occurrence and in annual aggregate excess of $49,000,000 each occurrence and annual aggregate where applicable excess of primary policies. (C) $10,000,000 part of $50,000,000 each occurence and in annual aggregate excess $99,000,000 each occurrence and annual aggregate where applicable excess of primary policies. Form 1803 (1/20/82:SS:1s) 0049-GLD-000051902 policy No. byy 5^ -- 2o70 issued to ENDORSEMENT .782 M. SCM Corp; _.iQ 77*= Lexington Insurance Company FIDUCIARY EXCLUSION lorms o port of It is understood and agreed that this policy shall not provide coverage for claims based upon the Employee Retirement Income Security Act of 1974, Public Law 93-406, commonly referred to as Hie Pension Reform Act of 1974, and amendments thereto, or similar provisions of any Federal State or Local Statutory Law or Common Law. (1/20/32: :1s) T ii GLD051903 0049-GLD-000051903 policy No. - by ENDORSEMENT This endorsement, effecthm 1/1/82 M 552 2670 to,**, SCI! Corp. Lexington- Insurance Company #3 forms a pan of In consideration of the premium charged, it is hereby_ `understood and agreed that tbs-named insured' is amended to include: a) SCM Corporation, all subsidiaries and subsidiaries of the subsidiaries, SCSI foundation, any other company of which, it assumes active management, any employee sponsored association or clubs of the named insured. b) Jotun-Baltimore copper paint company a Joint venture. However, such coverage as is provided for the interest of Glidden-Durkee division of SCM, Corporation and A.?. Jotungruppen of Norway in the jcint venture above is restricted to such coverage as is available to the insured under the primary insurance stated in the sched ule of underlying insurance attached to this policy. c) Sylachera Corporation, a joint venture, however, such coverage as is provided for the interest of GliddenDurkee division of SCU Corporation and St, Regis paper Corporation in the joint venture above is restricted to such coverage as is available to the insured under primary insurance stated in the schedule of underlying insurances attached to this policy. All other terms and conditions remain unchanged. Form 1803 (1/20/82:SS:1s) 0049-GLD-000051904 policy No. by ENDORSEMENT #4 Thitndoriam#nt,ffcti\ 1/1/82 M. 5522670 teuedto -SCM-Oorp. Lexington Insurance-Company form* a part of It is hereby understood and agreed that the notice of ' -- cancellation is amended to read sixty (60) days. All other terms and conditions remain unchanged. Perm 1803 (1/20/82:SS:1s) GLD051905 0049-GLD-000051905 policy No. by ENDORSEMENT^ Thi* andonamaM, affactiva 12101 A M. 1/1/82 552 2S70 issued to SCU Corporation Lexington Insurance Company forms a pert of -It ia. agreed Section II (B) of -the Declarations Page is amended to read: "See Endorsement #1" (4/21/82:TV:Is) Form 1803 {j Authorized Represented GLD051906 0049-GLD-000051906 ENDORSEMENT policy No. by This endorsement,effective jg.QX A. M* X/l/82 552 2670 issued to SCM Corporation Lexington Insurance Company foimepertof It Is agreed as respects schedule of underlying coverage'. Lawyers Professional Liability is Included in this coverage. (6/1/82 :DG:1s) S6NTATIVE GLD051907 0049-GLD-000051907 ENDORSEMENT A This endorsement, effective ^2*01 A. 1/1/82 policy No. 552 2570 ,SSU6d to SCH CORPORATION by Lexington Insurance Company -. forms a part of The following Is hereby aided to this policy: ~ _ POLLOWIHq FOBM VOBPINO FOR SCM CORPORATIOS "It is agreed and understoodr that except only with respect to policy terms, premium, and limit of liability, this policy is hereby amended to follow all the terms, conditions,-definitions and exclusions of the first layer Umbrella (Insurer: Hartford, Policy Ho.: 10HUEKD147) and any endorsements attached thereto, and all renewals and replacements. It is further agreed that all preprinted terms and conditions hereon are deleted to the extent that they vary from or are inconsistent with the terms and conditions of the first layer Hartford Umbrella. (TV/ltd) 8/3/82 - 'KtsnsJ /ie Ma AUTHORIZED REPRESETNTATIVE GLD051908 0049-GLD-000051908 ENDORSEMENT This endorsement, effective 12:01 A.M. 1/1/82 policy No. 552 2670 issued to SCM CORPORATION *>v Lexington Insurance Company- forms a part of It is understood and agreed that endorsement #3 is amended as follows: The Broad Form Named Insured wording should be amended to read as follows: "SCM CORPORATION, all subsidiaries, and subsidiaries of the subsidiaries, SCM Foundation, any other company of which it assumes active management and any employer, sponsored employee associations or clubs of the named insured and Sylvachem Corporation, JotunBaltimore Copper Paint company and compania Envasadora Loreto S. A. As Joint ventures";' GLD051909 0049-GLD-000051909