Document q30rX9LexBpJDKnxLneyOEVBj
GENERAL REINSURANCE CORPORATION si 4(H) Park Avenue
.New York, New Yoik HH122
Attached to and hereby made a part of Excess Reinsurance Certificate No
20731
Item 1.
DnCLARAtlONS
Name of Reinsured Address
The Aaacoada Campaay, Btal (3ee tiwiireaniaar No. 1)
33 Broadway, Now York, Now York
Item 2.
SctfBid
Iijyrance
Item 3.
Schedule of Additional Excess Insurance
Horn# fcHTQiro Coopaay Bacaaa UaMtjr Policy
HBC 9544359 110,000,000 aock
Item 4.
Limit(s) and Application of Coverage Hereunder
items Item 0.
Fr<R**M Uabllky
$5,000,000 part of $10,000,000 aiagla limk
Term of Coverage Hereunder
From _______________
12:01 A. M., Standard Time, at the address of the named
- $6,575.00
Reinsured as stated herein, until
______________________________or until cancelled as in the
October it, 1965
Certificate provided upon not less than
( ) >: prior written notice.
OetoiMT 19, 1961
N11035
30
AID 010779
MNtH.M It 1' INSl 'iti\Nl i I'DKI'l >RA i H>N 4nn Park Avenue
Nio-.v York, New Y >rk fuu22 (in-rein called tile Reinsurer)
j in consideration of tile prcniium, ti>iI subject tu tile terms. conditions and limits of liability set forth herein anti m the Declarations nude a part hereof, dues hereby agree with the party or parties named m Item 1 of the Declarations (herein called the Reinsured) as follows:
REINSURING AGREEMENT AND CONDITIONS
A. WHERFAS certain insurance carriers have issued to the Reinsured a imlicy or |->oticies of un'llerlying excess insurance providing coverapt as described m Item 2 of the Declarations.
BJ AND WHEREAS certain other insurance carriers have also issued to the Reinsured an additional jiolicy or policies of excess insur ance providing coverage as desert lied in Item 3 of the Declarations,
;i
G. NOW THEREFORE, this Certificate is tb further indemnify the Reinsured against Ultimate net loss in excess of the total of all Applicable limits of insurance uescribed in A and B above, but only up to an amount not exceeding the limit shown m Item 4 of the ibeclarations.
b. THE PREMIUM DUE the Reinsurer for ibis excess reinsurance is shown in Item 5 of the Declarations and is pay,ible upon delivery of this Certificate.
E. THF TERM of this excess reinsurance, unless otherwise cancelled, shall he as shown in Item to of the Declarations.
CONDITIONS
(2) The underlying excess insurance described in Item 2 of the Declarations and the additional excess insurance, if any. descrihed m Item .) of the Declarations and'any primary insurances alwve which said excess insurance applies shall be maintained in full effect during the currency of this Certificate, except for reduction by exhaustion of aggregate limits (if any) contained therein solely by payment of claims in respect of accidents or occurrences happening during the Certificate period. The Reinsured shall give the Reinsurer written notice as soon as practicable of any change in the scope of coverage under any such underlying insurance or reinsurance, and of the termination of any coverage or exhaustion of aggregate limits of any underlying Insurer's or Reinsurer's liability.
In the event such underlying excess insurance, additional excess insurance, and/or primary insurance is cancelled and not replaced by other insurance providing the same coverage, the icinsiircil shall lie deemed to have retained for its own account the limits theretofore pro vided by such cancelled insurance, and such excess reinsurance as is provided by this Cer tificate shall apply only to tlie same extent it would have applied in the absence of such cancellation.
(l)This Certificate is subject to the same warranties, terms and conditions (except as regards the premium, the obli gation to investigate and defend, the amount and limits of liability and the renewal agree ment, if any, and except as otherwise pro vided herein) as are contained in or as may be added to
(a) the additional cxic" ln-urance descTilled in Item 1 of the Declarations, or
(h) in the absence of an. i-MUional excess insurance i- .mpii pro|>erly lie dose id* i m hi m i of the IX'dar itu'ii^. i n- under lying excess instil tu. t o< - i dx-d in Item 2 of the 1 \a ! 11 tin -ns
Hie Reinsurer shall lx- i iu -'h .1. upon request, with copies of any p- inn-- - r endorsements issued in re-.h i i ( m, insurance nr reinsurance .m-n i iy.u,: UaCertifit ate, and -hall Iv notified i- -- ...n is practicable of any changes Hu i. u> c'acli.in any m inner i/fect this e'.ce- i. .i n , e
If. for any reason (other than exhaustion of aggregate limits of any underlying policy or policies) there is no recovery available to the Reinsured or recovery is in any way diminished under any policy of primary insurance, under lying excess insurance, or additional excess insurance, such excess reinsurance as is afford ed hereunder shall not apply until there has been expended by or on behalf of the Reinsured a sum enu.il to the total policy limits set forth in Items 2 and J of the Declarations which would have been otherwise applicahle to such loss, plus the limits of any otherwise applicable primary insurance' or self-insured retention.
(!) Ilie inclusion of more than one rein sured under tins contract shall not have the efb ct of increasing the Reinsurer's limit of liability stated in Item 4 of the Declarations.
(4) Notwithstanding anything in the Certi ficate or in any underlying insurance to the contrary, it is agreed that Nuclear Incident Exclusion I ndorsement (Form UI7B)is attache'll hereto and made a part hereof.
AID 010780
NOT!Cl- OF 1 < >SS
Upon the happening of Ji' .mutn'i or "Cclir rcnuc that appears likely l" mvulvc rlus Certifi cate, written notice thereof with full particulars snail be given to the Reinsurer by the Reinsured as soon as practicable. The'Reinsured shall give like notice of any claim or suit instituted against the Reinsured on account of any accident or occurrence.
i The Reinsurer shall not. however, be called upon..to assume charge of the settlement or defense of any of the claims made, or suits brought or proceedings instituted against the Reinsured, but shall have the right and oppor tunii^ to be associated with the Reinsured in the defense and trial of any such claims, suits or proceedings relative to any acctdcnt or occurrence which, in the opinion of the Reinsurer may create laibtlityon <cs part under the terms of this certificate.
LOSS ADJUSTMENT
Upon final determination by settlement award or verdict of the liability of the Rein sured, the Reinsurer shall promptly pay the Reinsured as the Reinsured shall pay, or be required to pay, the amount of any ultimate net loss coming within the terms and limits of this reinsurance
.1 "Ultimate Net Loss js used Herein,
sh'all mean the sums paid in settlement of lojsses for which the Reinsured is liable affer making deductions for all recoveries, salvages and other insurances or remsura|ces (other than recoveries under (1) any underlying insurances. (2) any excess insurances or reinsurances which contri bute with this reinsurance, or (3) any insurances or reinsurances specifically ijj excess hereof), whether recoverable or ijpt. and shall exclude (l) all expenses for salaried employees, retained counsel and ill office expenses of the Reinsured, and ffi) all "Costs."
The word "Costs'' shall be under stood to mean any expenses in connection jpith the investigation or defence of claims hr suits, or interest *m any lodgment M/htch accrues after entry of the pidgmcnt.
Costs incurred by the Reinsured, with the written consent of Uic Rem-urcr and for which the Reinsured is n u iovered by any underlying insurance -hall be 'apportioned as follows:
1. In the event of iljiin ur suit arising which ap;iears likely lo exceed the total limits of the applicable underlying insurance, no Cosrs shall be incurred by the Reinsured without the written consent of the Reinsurer
2. Should such claim or suit become adjustable previous to going into court for not more than the total limits of the appl.cable underlying insurance then no Costs shall be payable by the Reinsurer.
3. Should, however, the sum for which the saic claim or suit may be so adjustable exceed the toral limits of the applicable underlying insurance, then the Reinsurer, if it consents to the proceedings continuing, shall contri bute to the Costs incurred by the Reinsured in the ratio that its proportion of the ultimate net loss as finally adjusted bears to the whole amount of such ultimate net loss .
4. In the event that the Reinsured elects not to appeal a judgment in excess of the toral limits of the applicable underlying insurance, the Reinsurer may elect to conduct such appeal at its own cost and expense and shall be liable for the taxable court costs and interest incidental thereto, but in no event shall the total liability of the Reinsurer exceed its limit or limits of liability as stated above, plus the expenses of such appeal.
SALVAGE
All salvages, recoveries or payments recovered or received subsequent to a loss settle ment under this Certificate shall he applied as if recovered or received prior to such settlement and all necessary adjustments shall then be made between the Reinsured and the Reinsurer, provided always that nothing in the clause shall be con strued lo mean lhat losses under this Certificate are not recoverable until the Reinsured's ultimate net loss has been finally ascertained.
Nothing herein contained sh.ill be construed to mean that the Reinsured shall he required to enforee by legal action any right of subrogation salvage or indemnity before the Reinsurer shall pay any loss covered hereunder.
SUBROGATION
Inasmuch us this Certificate is Excess Rein Mirance. the Reinsured's right of recovery ag.iin^i any person cannot he exclusively subrogatcJ to >,, Reinsurer. Iris, therefore, understood and igr< i
AID 010781
!
th.it in cjsi- uf any payment hereunder . <ti<_- Keiii-airer will .ict in tonceil with -ill "llw r Intel e-t- (menu! in the Reinsured) concerned. in tin- inrncin; "f such rights of recovery The apportioning of any amounts which may be so recovered -hai: follow the principle that any interests (including-the Reinsured) that shall have paid an amount over and almve any payment here under. shall first be reimbursed up to the amount paid by them: the Reinsurer is then to be reimbursed out of any balance than remaining up to the amount paid here under and if there by any other insurer or reinsurer whose policies contribute with that of the Reinsurer, the Reinsurer will share pro-rata with such other insurer or reinsurer until all have been fully reimbursed; lastly, the interests (including the Reinsured) of whom this coverage is in excess are entitled to claim the residue, if any; Expenses necessary to the recovery of any such amounts snail be apportioned between the inter ests (including the Reinsured) concerned, in the ratio of their respective recoveries as finally settled.
BANKRUPTCY AND INSOLVENCY
In the event of the bankruptcy or insolvency of the Reinsured or any entity comprising the Reinsured,
the Rciusnrei -di.ilI not lx- relieved therein of the p.ivmcni of any viaims hereunder lx-e.iu>r of - uch bankruptcy or insolvency.
CANCELLATION
This Certificate may he cancelled by either party u|ion written notice, such notice to be not less than the number of days set forth m Item h of tlie IX'Clarations. ff cancellation is at the request of the Reinsured. adjustment of premium shall he at short rate, and if cancelled by the Reinsurer, adjustment shall be made pro-rata. The Reinsurer may, however, cancel this Certifi cate absolutely on five days notice for non payment of premium due. Notice shall he given by the Reinsured to the Reinsurer at 400 Park Avenue, New York 22, New York, and by the Reinsurer to the Reinsured at the latter's address as shown in the Declarations. Notice by the Reinsurer to the first named Reinsured, if more that one, shall be deemed notice to any other interest included as a Reinsured.
iN WITNESS WHEREOF, GENERAL REINSURANCE CORPORATION has caused this
29thCertificate to be executed this.............
..............
.. .day of. DSCMUbfiT . ... .19 .05 .
GENERAL REINSURANCE CORPORATION
Vice President
Assistant Secretary
AID 010782
ENDORSEMENT
NO.
Far ".acumen: to Ccmr.v; .. X-J731
between THE ANACONDA
COMPANY, ETAL
ann
GF.N'ERAL REINSURANCE O 'RPOKATS'>N. Effective date of this Endorsement. October 19, 1965
From 12. 01 o'clock A. \1. Standard Time of the above 'effective date it is underst.v-d anti agreed that the Contract of which this Endorsement fonns a part is hereby amended m the following pm titulars:
Nattad Rataaiirad Hit AMCtadb Oompaqr aad/e* fca afffltfd, >mdt>d ud nhaMiary
conpotiM, ud their mibmUUary compotes u warn r nomime if car urns?
htntHte be icqdnd or creeled ad feupinctai Caeoildmed Copper
Compeay aad Warrior Co-opwtito Mercotfle Compeay.
Nothing liereiti contained shall uiy. alter or extend nnv agreement, ih o imo u , general condition or .|e<! : non of tiie Contract other than as above stated
Jin 32ttu?]ifi 3Q!|*rrilf.
''ENTRAI. REINSURANCE C' /KRoRATloX Iw caused tin-. I ,,!. ...
mciit to he signed hy its President and aetary at New York, New V.-ik. hot t!ie .:.me shall not he binding tne Kenisiirer unless countersigned h\ .-nether ofticer of the Reinsurer.
Countersigned at New York. New V - ;h:s
.......... GEXEKAi. KKINoURANCF. CORPORA ! ,
AID 010783
'ic/ Rrfuflenl--
ENDORSEMENT
NO.
For attachment to Contract Xo.A"S73l...................... between TUB ANACONDA
COMPANY, BTAL........................................................................................ Qcttte 19 1963 ana
G aXERAL RF.IXSURAXCE CORPORATION. Effect ve date ot this Endorsement...
* ....
From 12:01 o'clock A. M. Standard Time of the above effective date it is understood and agreed that the Contract of which this Endorsement forms a part is hereby amended in the following particulars:
bnl,
SctedttlcrfUteriTtaglMrc
Sssass.
Ommraw
BichNnw
M hi. Co.
Ci--rol LtoMlty lododtag Amo UMfef Aato & L Otter B.L AMop.a Otter P. D.
$1,000,000.00 $1,000,000.00
....
mmmm
$1,000,000.00 $1,000,000.00
500,000.00 500,000.00
mm mm
$1,000,000.00 -- 500,000.00
CoodMatal CMdtf
gaboard StNCf
Liquor Lev LkbUy B. L
lomai MMM Of MppQn
p.a
Adraittem Uobflltjr
$50,000.00 50,000.00
....
mm mm
$100,000.00 100,000.00 50,000.00
$1,000,000.00
mmmm mmmm mmmm
mmmm
A.LU. (-Tfaoid o Py.2)....
KMcaOiMnt i
1 loMUif i--
Aoto LUbfitr
Aato B.L
$200,000.00
Otter B.L
200,000.00
As m P. D.
--
Otter P.a
m mm mm
$500,000.00 500,000.00
50,000.00 50,000.00
m mmm m mmm
$50,000.00
Nothing herein contained shall vary, alter or extend any agreement, provision, general condition or decl.tra non of the Contract other than as above stated.
iln EJtlnrafl 2U|Pr*tff, the GENERAL REINSURANCE CORPORATION has caused this Encl..r*c
*'e s'Ene{l by its President and Secretary at New York, New York, hut the same shall not lie binding u p><ii the Reinsurer unless countersigned by another officer of the Reinsurer.
Sfcretary
Countersigned at New York, New York this .
GENERAL REINSURANCE CORPORATH -\
AID 010784
Vice President--Assistant Seer/
LT17
en d o r s emen t
PAOBNO.2.........* N0
For attachment to Contract No. Xm.?7$:l
between..TW.JWAC0MD4.
COMPANY, MTAL . .............................................
................................ and
GENERAL RF.IX5URANCE CORPORATION. Effective date of this Endorsement October 19, IMS
From 12:01 o'clock A. M. Standard Time of the above effective date it is understood and agreed that the Contract of which this Endorsement forms a part is hereby amended in the following particulars:
FfcfeNtt. I).
IrttS* Atbtiw Co.
LK.A.
Atacnft L4ab.
t.L. p.a 4
UaMLfty
Aizcraft Uab.
ft,L, P.a 4
ftoofr Uobfllty (M
Nfos-OvMd
---
Robfjr lh| NofOno^ *
ubbOttr
$3,000,000.00
$5,000,000.00 4,000,000.00
1,000,000.00
$900,000.00
--
LtabBft)r)4
ttapact to: A--rnwia Alwnhun Co. ttd Hm AmmIi Co. faith* Bat* of
N'othing herein contained shall vary, alter or extend any agreement, provision, general condition or declara tion of the Contract other than as above stated.
3in SliineHfl BUffreuf. the GENERAL REINSURANCE CORPORATION has caused this Endorse ment to be signed by its President and Secretary at New York, New York, but the same shall not be binding upon the Reinsurer unless countersigned by another otifieer of the Reinsurer.
Secretary
Countersigned at New York. New York this
30tb
GENERAL REINSURANCE CORPORATION
Vice President--Assistant Sec"- -
AID 010785
ENDORSEMENT..
. so '*......
For attachment to Contract Xo.^??7.?^...................... between.. 7THF. ANACONDA................
.ad*ANVB?AL...
..........................
........................................... .................................... and
GtXERAL REIXSURAXCE CORPORATION. Effective date of this Endorsement.
IF, I05...
From 12 01 o'clock A. M. Standard Time of the above effective date it is understood and agreed tiiat the Contract of which this Endorsement forms a part is hereby amended in the following particulars:
(CflttlBMd
No. 2$...........
Ttotlt, Utah aad
H.J,
-------------
$1,000*000.00
Bx mi of $50,000.00
DIMet Salat OCOc m -------
$500,000.00 Fueaaa of $25,000.00
Nothing herein contained shall vary, alter or extend any agreement, provision, general condition or dedat.i non of the Contract other than as above stated.
3n laUttfHfl HJijPreuf, the GEXERAL REIXSURAXCE CORPORATION has caused this lauinr..Ih^RdnsurefS^c TM P,res*.dent ,a'u1 >rary at New York, New York, but the same shall not he binding u[,.u the Keiusurer unless countersigned b\ another officer of the Reinsurer.
Secretary
Countersigned at New York, New York this
GEXERAL REIXSURAXCE CORPORATION
AID 010786
Vice President--Assistant Sect
NUCLEAR in c id en t ex c l u s io n en d o r s emen t
For nttachment to Contract No. x-3731............ ........ Ijeiwecn.--TWI.ANACCttOA..................
OCJMrAfnr. STAJl.......
...................................................................................... .................... and
GENERAL REINSURANCE CORPORATION- Effective date of this Endotsemem.:QeH
........
From 12 01 o'clock A. M. Standard Time of the above effective date it is understood and agreed that the Contract of which this Endorsement forms a part is hereby amended in the following particulars:
ft is agreed that the contract does not apply:
E Under any Liability Coverage, to injury, sickness, disease, death or destruction faj With respect to which an insured under the contract is,also an insured under a nuclear energy liability
policy jssufed hv Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association pi Canada, or would be an insured under any such policy but for its termination
upoi exhaustion of its limit of liability; or (b) resulting front the hazardous properties of nuclear material and with respect to which (i) any person or
organization is required to maiinniu I'maucial protection pursuant to the Atomic Energy Act of 1954, or any law anieivdiildfy therepf; or (2> the insured is, or had this policy not been issued would be, entitled to indemnity from the United Stales ol 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.
II. 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 ol nuclear material and arising out of the operation of a nuclear facility by any person
01 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 (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (Z j lias been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, storid, transported or disposed of by or on behalf of an insured; or
jc) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured of services, mate'ials,'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 any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "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 ol 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 thei'fof, 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 lur such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to (wain .1 critical mass of fissionable material;
With respect to injury to or dr.'ruction of property, the word "injury" or "destruction" includes all forms of
radioactive contamination of propel;;.
* aI
: rr *rcfcrs 10 lhe pany covercd as the
<* -***>".
Jtt ffliliirnii Tfliicrruf, d.-.- '
ment to be signed by its President .\i upon the Reinsurer unless counier'i^-.i
v;:r:or extcnd 3ny acrcemeut-prov,sion' n'raI condi,ion ~ <*>-
AC REINSURANCE CORPORATION has caused this Endoiset.iry m New York, New York, but the same shall not be binding mother oilicer oi cite Reinsurer.
Countersign'd at New York. NV.v Y d.is
President ....... day of ........ Q>Cnbg......
45
ie .y z r a :. r e w s u r a n c e c o r p o r a t io n
-Sid. !?--.-issisizn: ,*r,:zr
AID 010787
GENERAL REINSURANCE CORPORATION inn Park Aveiue
New York. New 'iork 10022
Attached to and hereby made a part of Excess Reinsurance Certificate No. DECLARATIONS
item 1.
Name of Reinsured Address
item 2.
<SM
25
*I2Jirance
No. 1) , Naw York. Now York
Item 3.
Schedule of Adiliiional I'xcess Insurance
Homo kusraact Banos Liability Policy
HEC 9544459 $10,000,000 sock occartsscs
Item 4.
Limit(s) and Application of Coverage Hereunder
Item 5. item b.
FrJRlMM liability
19.000.000 port of $10,000,000 otagio limit
Term of Coverage Hereunder
From
12:01 A. M.. St.indard Time, at the address nf the named
- $6,579.00
Reinsured as stated herein, until
__or until cancelled as in the
October 19. 1969
(. i ililu ite I'tovuled upon not less th.in
( ii.-, mu written notice.
Octobsr 19. 1968
Thirty
30
AID 010788
(.1 M HA!. RI-INSt'RANUI CURi'< >RA i It >N ini) Park Avenue
Ni w York. New York 11)022 (ucrcin called tlie Reinsurer)
In consideration "f tlie premium. and subject t< the terms, conditions .mil limits uf liabilltv set forth herein and h i the Declarations made a part hereof, does hereby agree with the party or panics named m Item I of the Declarations (herein called the Reinsured) as follows:
REINSURING AGREEMENT AND CONDITIONS
A. WHEREAS certain insurance carriers have issued to the Reinsured a policy or imlicies of underlying excess insurance providing cover age as described in Item 2 of the IX-clarations,
B. AND WHEREAS certain other insurance carriers have also issued to the Reinsured an additional policy or policies of excess insur ance providing coverage as descrilied ill Item 3 of the Declarations,
C. NOW THEREFORE, this Certificate is to further indemnify the Reinsured against ultimate net loss m excess of the total of all applicable limits of insurance described in A and B above, but only up to an amount not exceeding the limit shown in Item 4 of the Declarations.
D. THE PREMIUM DUE the Reinsurer for this excess reinsurance is shown m Item 5 of the Declarations and is payable upon delivery of this Certificate.
E. THE TERM of this excess reinsurance, unless otherwise cancelled, shall he as shown in Item b of the Declarations.
CONDITIONS
(2) The underlying excess insurance described in Item 2 of the Declarations and the additional excess insurance, if any. described in Item 3 of the Declarations and any primary insurances alxive which said excess insurance applies shall be maintained m full effect during the currency of this Certificate, except for reduction by exhaustion of aggregate limits (if any) contained therein solely by payment of claims in respect of accidents or occurrences hapjiening during the Certificate period. The Reinsured shall give the Reinsurer written notice as soon as practicable of any change in the scope of coverage under any such underlying insurance or reinsurance, and of the termination of any coverage or exhaustion of aggregate limits of any underlying Insurer s or Reinsurer s liability.
In the event such underlying excess insurance, additional excess insurance, and,or primary insurance is cancelled and nut replaced by other insurance providing (he same coverage, the reinsured shall lie deemed to have retained fur its own account ihe limits theretofore pro vided liy such cancelled insurance, and such excess reinsurance as is provided by this Cer tificate shall apply only to tlie same extent it would have applied in the absence of such cancellation.
(l)This Certificate is subject to the same warranties, terms and conditions (except as regards the premium, the obli gation to investigate and defend, the amount and limits of liability and the renewal agree ment. if any. and except as otherwise pro vided herein) as are contained m or as may be added to
(a) the additional exec-.-, insurance described m hem ) of the Declarations, or
(h) in the absence of m\ tddiimnal excess insurance as might properly be desi ril ! m Item i of the Declarations. die uiderlymg excess nisoi m,, d< si rihed in Item 2 of the Dei Ur.Hens
If, for any reason (other than exhaustion of aggregate limits of any underlying policy or policies) there is no recovery available to the Reinsured or recovery is m any way diminished under any (wdicy of primary insurance, under lying excess insurance, or additional excess insurance, such excess reinsurance as is afford ed hereunder shall not apply until there has been expended by or on behalf of the Reinsured a sum equal to the total policy limits set forth m Items 2 and i of the Declarations which would have been otherwise applicable to such loss, plus the limits of any otherwise applicable primary insurance or self-insured retention.
( !) The inclusion of more than one rein sured under this cuntract shall not have the effect >f increasing the Reinsurer s limit of liability stated in Item 4 of the Declarations.
AID 010789
1 he Reinsurer slull he furnished. u|m
request, with copies of any i"iiin-' or
endorsements issued in resu lt of mv
insurance or reinsurance midt riving this
t'crtifu He. and shall lx1 notified is ,t.,.n q,
practicable of
changes tlTi m which in
any manner iffect this ecu i- ei-.q ,i.n-
(4) Notwithstanding anything in the Ct-rn ficate or in any underlying insurance to the contrary, it is agreed that Nuclear Incident Exclusion Endorsement (Form UI7B)is att.iclied hereto and made a part hereof.
\'f iTK'!'. (>F ! OSS
Upon the happening 'if an k i. idnet i*r "Cilir: renco- that ap[>ear.s likely I" involve tins Cerufi i_atc. written notice thereof.with full particular' snail be given to the Reinsurer by the Reinsured a soon as practicable. The Reinsured shall give like nntice "f any claim or suit instituted against the Reinsured "n account of any accident or occurrence
The Reinsurer shall nut. however, be called upon to assume charge of the settlement or defense of any of the claims made <>r suits brought or proceedings instituted against the Reinsured, but shall have the right and oppor tunity to be associated with the Reinsured in the defense and trial of any such claims, suits or proceedings- relative to any accident or occurrence which, in the opinion of the Reinsurer may create laibility on >ts part under the terms of this certificate.
LOSS ADJUSTMENT
Upon final determination by settlement award or verdict of the liability of the Rein sured, the Reinsurer shall promptly pay the Reinsured as the Reinsured shall pay, or be required to pay, the amount of any ultimate net loss coming within the terms and limits of this reinsurance
"Ultimate Net Loss . js used .nerew shall mean the sums paid in settlement of losses for which the Reinsured is liable after making deductions for all recoveries, salvages and other insurances or reinsur ances (other than recoveries under (1) any underlying insurances, (2) any excess insurances or reinsurances winch contri bute with this reinsurance, nr (.1) any insurances or reinsurances specifically in excess hereof), whether recoverable or not. and shall excluded) all expenses for salaried employees, retained counsel and all office expenses of the Reinsured. jnJ (2) all "Costs."
The word "Costs" shill he under stood to mean any expenses m ;. uinection with the investigation or defen-e ,f v launs or suits or interest on inv nnlgiiicm which accrues after entry 1 'he lodgment.
Costs incurred hy tlu Hi m mil. with the written consent it H, m.nn-r and for which the Reinsured i- i i ,-u ml hy any underlying insurance -null he apportioned is follows
I. In the event of claim wr suit arising which apiiears likely to exceed the total limits of the applicable underlying insurance, no Costs shall be incurred hy the Reinsured without the written consent of the Reinsurer
2 Should such claim or suit become adjustable previous to going into court for not more than the total limits of the applicable underlying insurance, then no Costs shall be payable by the Reinsurer.
%. Should, however, the sum for which the said claim or suit may be so adjustable exceed the total limits of the applicable underlying insurance, then the Reinsurer, if it consents to the proceedings continuing, shall contri bute to the Costs incurred by the Reinsured in the ratio that its proportion of the ultimate net loss as finally adjusted bears to the whole amount of such ultimate net loss.
4. In the event that the Reinsured elects not to appeal a judgment in excess of the total limits of the applicable underlying insurance, the Reinsurer may elect to conduct such appeal at its own cost and expense and shall be liable for the taxable court costs and interest incidental thereto, but in no event shall the total liability of the Reinsurer exceed us limit or limits nf liability as stated above plus the expenses of such appeal.
SALVAGE
All salvages, recoveries or payments recovered or received subsequent to a loss settle ment under this Certificate shall be applied as if recovered or received prior to such settlement and all necessary adjustments shall then be made between the Reinsured and the Reinsurer, provided always that nothing in the clause shall he con strued to mean that losses under this Certificate are not recoverable until the Reinsured's ultimate net loss has been finally ascertained.
Nothing herein contained shall be construed to mean that ih<- Reinsured shall l*e required to enforie hy legal action any rigid of subrogation, sjlvjge oi indemnity before the Reinsurer shall pay any loss covered hereunder.
S'JBROGATION
Inasmuch as tins Certificate is Excess Rein -urnnce the Kem-nrcd's right of recovery agiin-i any |xrvn cannot he exclusively subrogated to o>< Reinsurer. It is. therefore, understood and igu , !
AID 010790
!
ibai in cast of any payment hereunder, the Reinsurer will act in conceit with ait other interests (lncmU in die Reinsured) concerned, ih the exercise of such rtghts of recovery The apportioning of any amount' winch may be so recovered shall follow the principle that any interests (including the Reinsured) that shall have paid an amount over and above any payment here under, shall first be reimbursed up to the amount paid by them; the Reinsurer is then to be reimbursed out of any balance than remaining up to the amount paid here under and if there by any other insurer or reinsurer whose policies contribute with that of the Reinsurer, the Reinsurer will share pro-rata with such other insurer or reinsurer until all have been fully reimbursed; lastly, the interests (including the Reinsured) of whom this coverage is in excess are entitled to claim the residue, if any Expenses necessary to the recovery of any such amounts snail be apportioned between the inter ests (including the Reinsured) concerned, in the ratio of their respective recoveries as finally settled.
BANKRUPTCY AND INSOLVENCY
In the event of the bankruptcy or insolvency of the Reinsured or any entity comprising the Reinsured,
the Reinsurer 'hall not be relieved therein of the payment of any claims hereunder localise of such bankruptcy or insolvency
CANCELLATION
Tins Certificate may be cancelled by either party upon written notice, such notice to be not less than the number of days set forth in Item A of the Declarations. If cancellation is at the request of the Reinsured, adjustment of premium shall he at short rate, and if cancelled hy the Reinsurer, adjustment shall ae made pro-rata The Reinsurer may. however, cancel this Certifi cate absolutely on five days notice for non payment of premium due. Notice shall be given by the Reinsured to the Reinsurer at 400 Park Avenue. New York 22, New York, and by the Reinsurer to the Reinsured at the latter s address as shown in the Declarations. Notice by the Reinsurer tothe first named Reinsured, if more than,one, shall be deemed notice to any other interest included as a Reinsured.
JN WITNESS WHEREOF, GENERAL REINSURANCE CORPORATION has caused this
29thCertificate to be executed this.........
........... day of. Drironher................ 19.
GENERAL REINSURANCE CORPORATION
Vice President
Assistant Secretary
AID 010791
L
en d o r s emen t
s0.......
For attachment to Contract N'o.^"--^...................... between. . .TKl AKAtXJtfP^................
COtfANTi BTAL
.................
............. and
GENERAL REINSURANCE CORPORATION- Effective date of this Endorsement.. WPF * ' "
From 12 01 o'clock A. M. Standard Time of the above effective date it is understood and agreed that the Contract of which this Endorsement forms a part is herein amended in the following p;u ticulars:
Nothing herein contained shall vary, alter or extend any agreement, provision, general condition or declara tion. of the Contract other than as above stated.
3Jn IStlnrHfl
the g e n e r a l r e in s u r a n c e c o r p o r a t io n e is caused this Endor--
ment to be signed by its President and >eerctary at New \ ork. New ork, but the same shall not be binding u; -.n the Reinsurer unless countersigned Ivy another officer of the Reinsurer.
Secretary
Countersigned at New York. New York this
GENERAL REINSURANCE CORPORA'!' 1' '
AID 010792
Vice President--Assistant ,S>. - -
*w
cir
ENDORSEMENT
N'
For attxhmcn to Contract No *7*711 ................... bctivttn.... T***. A*1**?**
CIOMFANlfr.................................................................................................................................Octalwf it 1965 ana
GENERAL REINSURANCE CORPORATION'. Effective date of this Endorsement..........
*............
From 12:01 o'clock A. M. Standard Time of the above effective date it is understood and agreed that the Contract of which this Endorsement forms a part is hereby amended in the following particulars:
fei IM. C*.
Graftal Uabfifty
--T---C--lry
LfaMUtf Aaa&L Qtfcar B.L a --p.d . Other P. IX
Liquor Lev UeMJty B.L Lo o t at 1MHMflfAVpntt p.a
11,000,000.00 $1,000,000.00
mmmm
....
11,000.000.00 11,000,000.00
500,000.00 500,000.00
mmmm
$1,000,000.00
m m mm
500,000.00
110,000.00 50,000.00
mmmm
$100,000.00 100,000.00 95,000.00
mmmm m mmm mmmm
IbmIt t iit I
Adacttam UflbOfcr
mmmm
$1,000,000.00 mmmm
A.LO.
Mmc Ic mo Oflwzst LkMftfheWki Amo o UiMttf Aato B.L OdMB.1 AafcoP. D. Other P.D.
$300,000.00 300,000.00
mmmmm
$500,000.00 500,000.00 50,000.00 50,000.00
m mmm
--$50,000.00
Nothing herein contained shall vary, alter or extend any agreement, provision, general condition or declara tion of the Contract other than as above stated.
JnlStlnfaa
the GENERAL REINSURANCE CORPORATION has caused this Endorse-
"'cn''? ^e s'Kned by its President and Secretary at New York, New York, but the same shall not be binding upon the Reinsurer unless countersigned by another officer of the Reinsurer.
Secretary
Countersigned at New York, New York this .
GENERAL REINSURANCE CORPORATION
i i' Viet President--Assistant Secrf;*\
AID 010793
[ENDORSEMENT
p a o *h o .i .............
For attachment to Contract No. X-Wtt.
between.. TH* AlUOpHnA
COMPANY, WtMm..........
......................................... ................................. ............................... ana
GENERAL REINSURANCE CORPORATION. Effective date of this Endorsement Octafer If, IMS
From 12 01 o'clock A. M. Standard Time of the above effective date it is understood and agreed that the Contract of which this Endorsement forms a part is hereby amended in the following particulars:
ilftwPiM>We>. D....
Awlattm Go. LM.A.
TnnUn
i.i, p.a * Hmmnr LteSfllty
------
Afxenft Uafc. 1.L, P.a ft
LUMUty
RftttffhlNarOvMf -- gmfUfn
fj,000,000.00
IS.000,000.00 4,000,000.00 1,000.000.00 $800,000.00
Nothing herein contained shall vary, alter or extend any agreement, provision, general condition or declara tion of the Contract other than as above stated.
3ln ISttnfHfl
the GENERAL REINSURANCE CORPORATION has caused this Endorse
ment to be signed by its President and Secretary at New York, New York, but the same shall not be binding upon
the Reinsurer unless countersigned by another officer of the Reinsurer.
Secretary
Countersigned at New York, New York this
GENERAL REINSURANCE CORPORATE -\
AID 010794
Vice President--Assistant
.
L'l
ENDORSEMENT.. FA0B t,
n o . ..2.
For attachment to Contract
............ between.. .TW. AWAGQWOA................
.COi^AHT; *TAL................................................................ ...............-- and
GENERAL REINSURANCE CORPORATION. Effective date of this Endorsement.
..
From 12 01 o'clock A. M. Standard Time of the abcve effective date it is understood and agreed that the Contract of which this Endorsement forms a part is herebj amended in the following particulars:
Na.
hrth AadMjr, K.J.
91,000,000.00
iKNIflf
990,000.00
OnsiCisi All
9900.000. 00 maarf 929.000. 00
Nothing herein contained shall vary, alter or extend any agreement, provision, general condition or declara tion of the Contract other than as above stated.
3)n ISitnraa HSljFmif, the GENERAL REINSURANCE CORPORATION has caused this Endorse ment to be signed by its President and Secretary at New York, New York, but the same shall not be binding upon the Reinsurer unless countersigned by another officer of the Reinsurer.
Secretary
Countersigned at New York, New York this .SOtk
GENERAL REINSURANCE CORPORATE >\
AID 010795
Vice President--Assistant Seer-.-
I 17}
No.
NUCLEAR INCIDENT EXCLUSION ENDORSEMENT
For attachment to Contract No..X7$73t ................. iietwccn....3^IB..AHACQN3QA..........
,.O^iUN[Y..STAjU...................................................................................................... ... ........... .................. GENERAL REINSURANCE CORPORATION. Effective date of this Endorsemcnt..QS|*!W..i?i..J.?$t.
From rz .01 o'clock A. M. Standard Time of the above effective date it is understood and agreed that the Contract of which tins Endorsement forms a part is hereby amended in the following particulars:
It is agreed that the contract does not apply:
I. Under any Liability Coverage, to injury, sickness, disease, death or destruction
(a) with'.respect, to which an insured under the contract is also an insured under a nuclear energy liability pdl.cy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Ni clear Insurance, Association of Canada, or would be an .nsured 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 maiutaoi 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.
IT. 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 ol 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
' (e) 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 mic car 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 dement or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) 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, (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 ol 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 fur such operations; ''nuclear reactor" means any ap laratus designed or used to sustain nuclear fission in a self-supporting chain reaction Or to contain a critical mass of fissionable material;
With respect to injury to or dcuruction of property, the word "injury" or "destruction" includes all forms of radioactive Contamination of property.
V. If the contract to which this en.Rr- same is understood to mean "insured" a
Nothing herein contained shall var Lion of the Contract other than as nl w.
nt is attached refers to the party covered as the "reinsured" or "assured"
uv I herein.
*
. her or extend any agreement, provision, general condition or declara
nt mtturnu mitrrrnf, the GENERAL REINSURANCE CORPORATION has caused this Endorse-
"*!"* * *
by Its President ami Secretary at New York, New York, but the same shall not be bindmr
upon the Reinsurer unless countersigned by another otficer of the Reinsurer.
^
Secretary Countersigned at New York. New York this
GENERAL REINSURANCE CORPORATION T ice President--Assistant Secretary
AID 010796
r
j J ii tareftr
4 rati ut smm Bmmstmm Owstftet N*- X-S7SI
&
MM M c o t rf My jvaymeat hrraaartrr. the Rnamirer Mil m CMOTI1 *OTl #11 urtBT UHl'tMtu (tac.h*J 'cOT the IctiOTwl) c mk mmI. in the csrrctap *rt wk n#M d imwn TOT appcm(iM(t <4 My Mck OTf OT an lacOTml ahatl folio* the prtac.tfike Mm aay Mnuxa {tocliMaa the Rctoaerkd) that Mel! OTo t fMM M u mM u n i sad abuse My paymaat hare aarttr. shaM first be reimbursed sp to (OT amount pant by them; the Reinsurer 1* then to far resmbaracd mN rf y balance tfcaa rematmay up tu the amount paid here wbr and if there by My other Maurer or retaaerer wOTaa pattekea ccotxlbutc aatts that ut the Rewumrer. the Ramaartr Mil share p'o-rau with auch other Maurer or irekwrrr until ail haea heaa hilly reimbursed; lastly.
. (tncladOTg the Retnaured) of ahot this
t* aacassary to the recasery of My halt OT OTRoekh***! OTtuata the Meetmu (kacMhll the Retaaiirat) concerned, la the raOo of MMtr w o t ^w miw iOT aa (taaily mW.
tier Rctaaorvr shall < OT reHrred thewhy of tiw |uytm-M <rt any clatme OTrwnfar hacauaa af oich bankruptcy r mnelwncy.
t'ANCBU<AT)ON
nu Centile ns may he caacalled by either party upua atm.a eotke*. such anttcr to be aot leas thM the asmbar of days sat forth OT hem ft f tap tfeclerattoaa. K caacattacioa Is at dw rc'parat nf the Rets mTart, artfeenrue* of premie* shall he at short raw, and if caecaI led by the Reinsurer, artfwatmeat alkali OT wade pro-rata. The ReMaarer may, housesr. cancel this Centst ate absolutely oa Ryu days noOoe for soaptymeaf of premium due. f* her shall hr jSeaa by tha Rahkaurert to Mka Reinsurer at 40U Park ftteaui. Mrs York 33, New York, and by OTe ha-aaurar to Mo t fdawriJ at the lanere i
Matlcc by the
(NDORSHMfftT
h-x. -IW
y- *.>.. 3 *-
9w i
) For attachment Contract Kn.X?473i..................... bnwn.. TKi.ANACDNP*..................
OQMjMMYf, STAL .......... ............................................ ........ ..........
........... mi
GENERAL RF.INSL*- NCK CORPORATION. Effective d. te of thia Endowment.
J.V.MPP...
From 12-01 o'clock A. XI Standard Time of the above effective dale it ia undrntnod end efreed that tfat Cm*ran of which thi* Kndoraetnent forme a part it hereby emewled in the fotkrwitjj particnieri:
or u may
4
MDORSEMENT
F*f attashmait to Contract No. .Xr.$73A ................ between. XHB.AMACOND^...................
......gTAL
...................................................................... ............... ........................ mi
GENERAL REINSURANCE CORPORATION. liffKiiw dite of this'Endorsement.. .Q??** *V
.
from li 01 o'clock A M. Standard Time of the above effective date it u under itood and agreed that the Contract of vhich thii Kmi'ifsmwnt forms s pert is hereby amended in the following prticuSars:
jL Schedule of Underlying toeunaoe
f
Qjyerege
Keefe Pernoti Becfa Accident Aggregate
Trwel*M mi, m, Csk
Comprehenehre Geoexal LieMllcy
umm
Mm*l
Qdmt&l
Amoha 0tmtf.Xk
$i8W0, 000.00
$l00Q0Qfc00
~
11,000,000,00
$1,000,0U
500,000,00 900,000,00
$1# ooo,000,00
%
tCOtSEMGNT
.'I?t ,v. f.
mg s mi.
MD..J.
fm setachsnsst to
k #.*:J7M..........
CC|*Wflr,.*m..............
Ql.U...r.t.T....l..f......m.. iani
GENERAL REINSURANCE CORPORATION. Effecthr* date of this Endormneot.> > i . i T t
From 12 01 e'efock A. M. Standard Time of the above effective date it it tmderrtood and i|wd that dw CuaKtoa of which thu Endorsement (arm a part is hereby u w ik M in the foffoering patticafar*:
|cdmMid
lRf
^
Schedato of Underlying Inaarmce
Bach Item Back Accident: Aggmte
: '
............................. 'Mi;):;.
',l!l!ii' . V:/
t Contract
...,............
m .................. .................. ....................
XSURAXCK CORI'ORATION. Effective .Isle <>l tl.i*
f'ctedt A. M, 5swfcr Tiaw ei tls above effective dale it it____ ____ ___
"m
tems ipm n hswslf h mw W m ftef
psutfaslwt:
Jlflli, -f
*9* No, %:> S 9 8 e m
SdmMs of Oaferif^g tomtmoo
tesfe Tmtmm Basil Aeddwt Aggregate