Document pBwd08Jeo4E3e6XvXy1vJ9Yzw

n\ X C/ Us ^H i Co - Lo ?3 $o N21374 N N IN t GLD052341 0049-GLD-000052341 Pacific Insurance Company ia Stock Company, herein called the ''Company") No.C>PI 33070 HOME OFFICE. 4201 Wilshire Boulevard, Los Angeles, California 90010 The Company hereby agrees with the Insured named in the Declarations made a part of this policy (hereof), in consideration of the Daymenof the premium and in reliance upon the statements in the Declarations, to provide insurance to the Insured in accordance with the terms statec in the Declarations and in the documents attached hereto and incorporated in this policy. IN WITNESS WHEREOF, the Company has caused this pci icy to be executed and attested, but this policy shall not be valid unles: countersigned by a duly authorized representative of the Company. Secretary \J President V _________________________________ DECLARATIONS INSURED'S NAME; INSURED'S ADDRESS; fra* Zt o FROM: fWJUCY SCM CORPORATION 299 PARK AVENUE NEW YORK, NEW YORK 10177 EXCESS UMBRELLA LIABILITY PER FORM JANUARY 1, 1984 TO: JANUARY 1, 1985 NO. E) PI 33070 1 0 INFORMATION HERE ABBREVIATED INEVENT 1 OF INCONSISTENCY WITH WORDINGS AND/ 1 OR ENDORSEMENTS ATTACHED HERETO SAID WORDINGS AND/OR ENDORSEMENTS c PREVAIL TERM: 12:01 AM. STANDARD TIMEjg^AT THE ADDRESS OF THE INSURED DAT THE LOCATION OF THE PROPERTY FORMS ATTACHED: HU 6096 (1/79), ENDORSEMENTS NO. 1-5 FLAT p r e miu m $6,500 TOTAL $6,500 GLD052342 0049-G L D-000052342 EXCESS UMBRELLA POLICY DECLARATIONS - ITEM 1. Named Insured: 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 AND SYLVACHEM CORPORATION AND COMPANIA ENVASADORA LORETO, S.A. AS JOINT VENTURES. ITEM 2. Underlying Umbrella Policies: A) HARTFORD ACCIDENT AND INDEMNITY COMPANY POLICY NO. TBA B) VARIOUS ON FILE WITH THE COMPANY ITEM 3. Underlying Umbrella Limits (Insuring Agreement 2): $99,OOO0OQ ITEM4, Underlying Umbrella Aggregate Limits (Insuring Agreement 2): $99,000,000 ITEM 5. Limit of Liability (Insuring Agreement 2): $10,000,000 part of $50,000,000 ITEM 6. Aggregate Limit of Liability (Insuring Agreement 2): $10,000,000 part of $50,000,000 ITEM 7. Notice of Occurrence (Condition 4) to: PACIFIC INSURANCE COMPANY 4201 Wilshire Boulevard Los Angeles, California 90010 NAMED INSURED: As stated in Item 1 of the Declarations forming a part hereof, and/or subsidiary, associated, affiliated companies or owned and controlled companies as now or hereafter constituted and of which prompt notice has been given to the Company. INSURING AGREEMENTS 1 COVERAGE. The Company hereby agrees, subject to the limitations, terms and conditions hereinafter mentioned.-to indemnify the Insured for all sums which the Insured shall be obligated to pay by reason of the liability la) imposed upon the Insured by law; or Ibl assumed under contract or agreement by tha Named Insured and/or any ,officer, director, stockholder, partner or employee of the Named Insured, while acting in his capacity as such. for damages on account of: -- (i) Personal Injuries, including death a: any time resulting therefrom; (ii) Property Damage; (iii) Advertising Liability, "caused by'or arising out of each"occurrence happening 3nywhere in the world, during the poliiy period and arising out of the hazards covered by and as defined in the Underlying Umbrella Policies stated in Item 2 of the Declarations and issued by certain Insurance Companies, (hereinafter called the "Underlying Umbrella Insurers"). 2. LIMITOF LIABILITY-UNDERLYING LIMITS. It is expressly agreed that liability shall attach to the Company only after the Underlying Umbrella Insurers have paid or have been held liable to pay the full amount of their respective Ultimate Net Loss Liability as follows - $ (as slated in I tern 3 of the Declarations) Ultimate Net Loss in respect of each occurrence, but $ las stated in I tern 4 of the Declarations) in the aggregate for each annual period during the currency of tnis Policy separately in respect of Products and Completed Operations Liability and separately in respect of Personal Injury (fatal or non-fatad by Occupational Disease sustained by any employees of the Insured. and the Company shall then be liable to pay only the excess thereof up to a further $ (as stated in Item 5 of the Declarations) Ultimate Net Loss in respect of each occurrence - subject to a limit of $ (as stated in Item 6 of the Declarations) in the aggregate for each annual period during the currency of this Policy, separately m respect of Products and Completed Operations Liability and separately in respect of Personal Injury (fatal or non-fatai) by Occupational Disease sustained by any employees of the Insured. ATTACHING TO AND FORMING FAST OF THE POLICY NUMBE H PI 33070 o aa7 n e w YORK, N,Xs 14TH UAyo, FEBRUARY, 1984 BY GLD052343 0049-GLD-000052343 in s u r ed SCM CORPORATION, ETAL ENDORSEMENT PRODUCER THE EFFECTIVE DATE OF THIS ENDORSEMENT IS TYPE OF COVERAGE JANUARY 1, 1984 N0.O (1) POLICY OR CERTIFICATE NO. PI 33070 REFER NO. IT IS AGREED THAT EXCEPT ONLY WITH RESPECT TO POLICY TERM, PREMIUM AND LIMIT OP LIABILITY, THIS POLICY IS HEREBY AMENDED TO FOLLOW ALL THE TERMS, CONDITIONS, DEFINITIONS AND EXCLUSIONS OF THE FIRST LAYER UMBRELLA (INSURER:. HARTFORD ACCIDENT AND INDEMNITY COMPANY POLICY NO. TBA) 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 UMBRELLA. NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY. ALTER. WAIVE OR EXTEND ANY OF THE TERMS. CONDITIONS. OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. p a c if ic i Gr a n c e COMPANY DATED AT NEW YORK, NEW YORK 14TH FEBRUARY, 1984 9 THIS DAT o p SY rm ? tin v 'j /m GLD052344 0049-GLD-000052344 ,NSunE0 SCM CORPORATION, ETAL ENDORSEMENT PRODUCER THE EFFECTIVE DATE OF THIS ENDORSEMENT IS JANUARY 1 , 1984 TYPE OF COVERAGE NO.C> (2) POLICY OR CERTIFICATE NO. PI 33070 REFER NO. PARTICIPATION ENDORSEMENT IN CONSIDERATION OF THE PREMIUM FOR WHICH THIS POLICY IS WRITTEN,, IT IS UNDERSTOOD. AND AGREED THAT THIS INSURANCE COVERS 20 % p a r t o f 100% OF THE LIMITS OF LIABILITY STATED IN THE ATTACHED POLICY WORDING (BEING 0,000,000 PART OF $ 50,000,000 ) EXCESS OF 99,000,000 AND THE LIABILITY OF THIS COMPANY IS LIMITED TO THE SAME PROPORTION, NAMELY 20 % (BEING $ 10,000,000 PART OF $ 50,000,000 OF ANY LOSS HEREUNDER. IT IS A CONDITION OF THIS INSURANCE THAT THE INSURED MAINTAIN IN FULL FORCE AND EFFECT DURING THE CURRENCY OF THIS POLICY IDENTICAL INSURANCE COVERAGE FOR LIMITS OF LIABILITY OF 80 % PART OF 100% OF THE LIMITS OF LIABILITY STATED IN THE ATTACHED POLICY WORDING (BEING $40,000,000 PART OF $ 50,000,000 ) EXCESS OF $ 99,000,000 . HOWEVER, THE FAILURE OF THE INSURED TO COMPLY WITH THE FOREGOING SHALL NOT INVALIDATE THIS INSURANCE, BUT IN THE EVENT OF SUCH FAILURE, THIS COMPANY SHALL ONLY BE LIABLE TO THE SAME EXTENT AS THEY WCUID HAVE BEEN HAD THE INSURED COMPLIED WITH THE SAID CONDITION. NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY. ALTER, WAIVE OH EXTEND ANY THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. DATED AT NEW YORK, NEW YORK 14TH FEBRUARY, 1984 THIS DAY OF S' *` TATIONS OF GLD052345 0049-GLD-000052345 CRiGfAL en d o r s emen t INSURED SCM CORPORATION, ETAL ENDORSEMENT PRODUCER THE EFFECTIVE OATE OF THIS ENDORSEMENT IS JANUARY 1, 1984 TYPE OF COVERAGE n o . [) (3) POLICY OR CERTIFICATE N0' PI 33070 REFER NO. AMENDMENT OF CANCELLATION CONDITION NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THIS POLICY MAY 8E CANCELLED BY THIS COMPANY AT ANY TIME FOR FAILURE OF THE INSURED TO PAY ANY PREMIUM WHEN DUE BY MAILING OR DELIVERING TO THE INSURED WRITTEN NOTICE STATING WHEN, NOT LESS THAN 10 DAYS THEREAFTER. SUCH CANCELLATION SHALL BE EFFECTIVE. IT IS AGREED TO AMEND CONDITION (3) CANCELLATION, IN PART, TO READ NINETY (90) DAYS IN LIEU OF THIRTY (30) DAYS. NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER,WAIVE OR EXTEND ANN-------------------- L~ ~ THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE ' AT NEW YORK, NEW YORK 14TH o at o f FEBRUARY, 1984 AT.ONS OF GLD052346 0049-GLD-000052346 issued to by A4G 661* NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FOAM) GU <d. JO.S*> This endorsement effective JANUARY 1, 1984 02 0! A M. standard time) SCW CORPORATION, ETAL forms a part of policy No. PI 33070 PACIFIC INSURANCE COMPANY It is agreed that the policy does net 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 Ertergv Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association oi Canada, or would be an insured under any such policy but for its termination upon exhaustion cf its limit of liability; or fb> resulting from the hazardous properties of nuclear material and with respect to which (?) 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 net been issued would be, entitled to indemnity from the United States of America, cr any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. M. 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 IM. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if (a) the nuclear material (11 is at any nuclear facility owned by. or operated by or on behalf of, an insured or (2) nas been discharged or dispersed therefrom; fb) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, trans* ported 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 (e) applies only to injury to or destruction of property at such nuelear facility. IV. As used in this endorsement: "fcassrdewa 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 m any law amendatory thereof; "spent fuef" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation m a nuclear reactor, "waste" means any waste material II) containing byproduct material and 121 resulting from the operation by any person or organization o! any nuclear facility included within the definition of nuclear facility under paragraph la) or tb) thereof; "nuclear facility" means (a) any nuclear reactor, <b) any equipment or device designed or used for (I) separating the isotopes of uranium or plutonium. (2l 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 materia! in the custody of the insured at the premises where such equipment or device is lo cated 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. td> 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 to contain a critical mass of fissionable material; self-supporting chain reaction or With respect to injury to or destruction of property, the word "injury" or "deezr contamination of property includes all forms of radioactive fJiufil'iEn'Tl'43 GLD052347 0049-GLD-000052347 INSURED SCM CORPORATION, ETAL ENDORSEMENT PROOUCER THE EFFECTIVE DATE OF THIS ENDORSEMENT IS TVPE OF COVERAGE JANUARY 1 , 1984 M0.O (5) POLICY OH CERTIFICATE NO. PI 33070 REFER NO. AMENDATORY ENDORSEMENT NEW YORK (EXCESS UMBRELLA POLICY) IT IS UNDERSTOOD AND AGREED THAT INSURING AGREEMENTS, ITEM 1. IS HEREBY AMENDED TO BE AS FOLLOWS: 1. COVERAGE THE COMPANY HEREBY AGREES, SUBJECT TO THE LIMITATIONS, TERMS AND CONDITIONS HEREINAFTER MENTIONED, TO PAY ON BEHALF OF THE INSURED a l l s u ms w h ic h t h e in s u r e d s h a l l b e o b l ig a t e d t o p a y b y r e a s o n o f THE LIABILITY (A) IMPOSED UPON THE INSURED BY LAW; OR (B) ASSUMED UNDER CONTRACT OR AGREEMENT BY THE NAMED INSURED AND/OR ANY OFFICER, DIRECTOR, STOCKHOLDER, PARTNER OR EMPLOYEE OF THE NAMED INSURED WHILE ACTING IN HIS CAPACITY AS SUCH, FOR DAMAGES ON ACCOUNT OF: (i) PERSONAL INJURIES, INCLUDING DEATH AT ANY TIME RESULTING THEREFROM; <i) PROPERTY DAMAGE; (ill) ADVERTISING LIABILITY; ' CAUSED BY OR ARISING OUT OF EACH OCCURRENCE HAPPENING ANYWHERE IN THE WORLD, DURING THE POLICY PERIOD AND ARISING OUT OF THE HAZARDS COVERED BY AND AS DEFINED IN THE UNDERLYING UMBRELLA POLICIES STATED IN ITEM 2 OF THE DECLARATIONS AND ISSUED BY CERTAIN INSURANCE COMPANIES, (HEREINAFTER CALLED THE "UNDERLYING UMBRELLA INSURERS"). (OVER) NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY. ALTER. WAIVE OR EXTEND ANY OF THE TERMS./OpiTIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. PACIFIC INSipfeANCE COMPANY OATEO AT NEW YORK, NEW YORK t h is 1H d av o f BU 8366(4-82) FEBRUARY, 1984 BY GLD052348 0049-G LD-000052348 INSURED SCM CORPORATION, ETAL ENDORSEMENT PRODUCER THE EFFECTIVE DATE OF THIS ENDORSEMENT IS JANUARY 1, 1984 TYPE OF COVERAGE NO.C> (6) POLICY OR CERTIFICATE N0- PI 33070 REFER NO. IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS AGREED TO AMEND ITEM 2 (A) OF THE DECLARATIONS, IN PART, TO REFLECT POLICY NO. 10-HUJC1040. NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS'CONDITIONS. OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. /J PACIFIC/INSURANCE COMPANY OATED AT NEW YORK, NEW YORK THIS 26TH DAY0F APRIL, 1984 BY. Lj/u l Abfo AUTHORIZED REPRESENTATIVE inori ? trr v ? /fli GLD052349 0049-GLD-000052349