Document vy0r2RV55rdVNJpzqk8KLqyME

AtnaAtna $ LIFE CASUALTY EXCESS OVERLAYER INDEMNITY POLICY THE ^ TNACASUALTY AND SURETY COMPANY Hartford Connecticut 06115 a stock insurance company herein called ^ tnaCasualty | IN CONSIDERATION of the payment of the premium and subject to all of the terms of this policy agrees with the Insured named in the declarations as follows POLICY NO 01 XN 1209 WCA Section 1. DECLARATIONS NAMED INSURED AND ADDRESS JOHNSON & JOHNSON 501 GEORGE ST NEW BRUNSWICK N.J. 08903 POLICY PERIOD From 1/1/77 To 1/1/78 12:01 A.M. standard time at the address of Insured PREMIUM LIMITS OF LIABILITY 16.67 2,500,000 MAXIMUM QUOTA SHARE OF 15,000,000 EACH OCCURRENCE 16.67 2,500,000 MAXIMUM QUOTA SHARE OF 15,000,000 ANNUAL AGGREGATE {_] Flat charge Adjustable rate SEE ENDORSEMENT per $ of GUARANTY FUND 2005 Premium Premium 112233,,553333 Total Advance Premium 124,151 3 Year Policy Installments 1st Anniversary 2nd Anniversary ENDORSEMENTS 1. Broad Form Nuclear Energy Exclusion Form No. 13113 SEE LIST OF ENDORSEMENTS 13106 11/74 CONFIDENTIAL Printed in U.S.A. LTL 0005180 SECTION 3. SCHEDULE OF UNDERLYING INSURANCE Each policy or group of share policies listed is excess of all policies listed below it POLICY NUMBER INSURER LONDON COVERAGE EACH PERSON LIMITS OF LIABILITY EACH OCCURRENCE AGGREGATE EXCESS INDEMNITY 5,000,000 5,000,000 CONFIDENTIAL LONDON CONTROLLING INSURANCE EXCESS INDEMNITY 5,000,000 5,000,000 This schedule applies to the above policies and any renewals or replacements thereof LTL 0005181 Section 4. CONDITIONS 1 LIMITS OF LIABILITY resulting from any one ^ taCasualty shall not be liable for more than the amount of the limits stated in Sec- tion 1 with respect to EXCESS NET LOSS accident or occurrence provided if limits of liability are separately stated as applicable to certain kinds of loss such limits shall apply separately to that part of such loss which is in excess of the total of the limits of liability of the underlying insurance policies applicable to the same kind of loss 2 it a single limit of liability is stated such limit shall apply to that part of all loss which is in excess of the total of the applicable limits of liability of the underlying insurance policies and 3 if any limit of liability so stated is expressed as a share percentage of a stated amount of excess loss ^ tnaCasualty shall not be liable for more than that percentage of any loss to which this policy applies NOTICES Notices as required to be given to the primary insurer shall also be given to Etna Casualty in the event of any accident occurrence claim or suit whcih is reasonably likely to give rise to a claim for indemnity under this policy The INSURED shall give ^ tnaCasualty notice of any change in or termination of underlying insurance including notice of exhaustion of any aggregate limit copies of endorsements and audits of premiums earned ASSISTANCE ^ tnaCasualty shall not be called upon to AND assume charge of the settlement or defense COOPERATION of any claims made or suits brought or proceedings instituted against the INSURED but Etna Casualty shall have the right and shall be given the opportunity to associate with the INSURED or the INSURED'S underlying insurers or both in the defense and control of any claim suit or proceeding where the claim or suit involves or appears reasonably likely to involve ^ tna Casualty in which event the INSURED and ^ tnaCasualty shall cooperate in all things in the defense of such claim suit or proceeding ao APPEALS In the event the INSURED or any un- derlying insurer elects not to appeal a judgment which exceeds the underlying limit ^ tnaCasualty may elect to do so ^ tnaCasualty shall be liable in addition to the applicable limit of liability for all costs taxes expenses incurred and interest on judgments incidental to such an appeal ACTION AGAINST No action shall lie against Etna Casualty unless as a condition precedent thereto ETNA CASUALTY amount of the there shall have been full compliance with all of the terms of this policy nor until the INSURED'S obligation to pay shall have been finally determined either by judgment against the INSURED or by written agreement of the INSURED the claimant and Etna Casualty Bankruptcy or insolvency of the INSURED shall not relieve ^ tna Casualty of any of its obligations hereunder who Any person or organization or the legal representative thereof has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance atforded by this policy No person or organization shall have any right under this policy to join ^ tnaCasualty as a party to any action S against the INSURED to determine the INSURED liability nor shall Casualty be impleaded by the INSURED or his legal represen- Einatative SUBROGATION In the event of any payment under this policy ^ tnaCasualty shall participate with the INSURED and the underlying insurers in the exercise of all the INSURED'S rights of recovery against any person or organization liable therefor The INSURED shall do nothing after loss to prejudice such rights Recoveries shall be applied first to reimburse any interest including the INSURED that may have paid any amount with respect to liability in excess of the limit of ^ tnaCasualty's Casualty's liability hereunder then to reimburse ^ tnaCasuaity and any other insurer with which it may be participating on a quota basis up to the amount paid hereunder and lastly to reimburse those interests including the INSURED as to which this insurance is excess who are entitled to claim the residue If any but a different apportionment may be made to settlement of a claim by agreement executed by all in terests Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought CHANGES Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop ^ tnaCasualty from asserting any rights under the terms of this policy nor shall the terms of this policy be waived or changed except by endorser endorser issued to form a part of this policy signed by the President a Vice - President Assistant Vice President Secretary or Assistant Secretary of ^ tnaCasualty ASSIGNMENT Assignment of interest under this policy shall not bind ^ tnaCasualty until its consent is endorsed hereon CANCELLATION This policy may be cancelled by the IN- SURED named in Section 1. by mailing to Etna Casualty written notice stating when thereafter the cancellation shall be effective This policy may be cancelled by ^ tnaCasualty by mailing to the INSURED first named in Section 1. at the address shown in this policy written notice stating when not less than ten days thereafter such cancellation shall be effective The mailing of notice as aforesaid shall be sufficient proof of notice If such INSURED cancels earned premium shall be computed short rate if Etna Casualty cancels earned premium shall be computed prorata but payment or tender of unearned premium is not a condition of cancellation IN WITNESS WHEREOF THE ^ TNACASUALTY AND SURETY COMPANY has caused this policy to be signed by its President and a Secretary at Hartford Connecticut and countersigned on the Declarations page by a duly authorized agent of the Company Donald M Johnson MU 13169-1 ED 2-75 CONFIDENTIAL PRINTED IN U.S.A. LTL 0005182 LIST OF ENDORSEMENTS BROAD FORM NUCLEAR ENERGY EXCLUSION FORM NO 13113A EXCLUSION - CONTAMINATION OR POLLUTION MU 13395 AMENDMENT OF DISCRIMINATION COVERAGE MU 13396 SECTION 1. PREMIUM BASIS DES EXCLUSION SWINE FLU EXCLUSION CONCURRENCY ENDORSEMENT CANCELLATION NOTICE AMENDED EXCLUSION OF CANADIAN COVERAGE NON CONCURRENCY XN 13108 DEFINITIONS - XN 13107 This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective , ; Policy No. Endorsement No. Named Insured Additional Premium $ Return Premium $ BI In Advance $ 1st Anniv $ 2nd Anniv S $ PD The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 CONFIDENTIAL r _o _ Countersigned by . a ON mcumermecitt Authorized Representative CAT 388742 PRINTED IN U.S.A. LTL 0005183 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT It is agreed that the policy does not apply I. 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 ) 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 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 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 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 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 This endorsement forms a part of the policy to which attached effective from its date of issue The ^ tnaCasualty and Surety Company Hartford Connecticut Donald Donald Johnson M Johnson Johnson Johnson Johnson For attachment to the following policy forms CA JS AL CS MP JP SK GS PS DR DP DG DB DH DO , 13113 NEW YORK EXCEPTION endorsement does not apply under any Automobile Liability coverage to injury sickness disease death or destruction arising out of the ownership maintenance operation use loading or unload- ing of any automobile principally garaged in the state of New York CONFIDENTIAL LTL 0005184 EXCESS OVERLAYER INDEMNITY POLICY CONTAMINATION OR POLLUTION It is agreed that the policy does not apply to EXCESS NET LOSS 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 if such discharge dispersal release or escape is sudden and accidental This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Policy No. Endorsement No. Named Insured Additional Premium $ Return Premium $ BI PD . The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut Countersigned by ; In Advance $ A 1st Anniv $ A 2nd Anniv $ A : a Authorized Representative 13395 ED 3-75 CONFIDENTIAL PRINTED IN U.S.A. LTL 0005185 EXCESS OVERLAYER INDEMNITY POLICY AMENDMENT OF DISCRIMINATION COVERAGE It is agreed that such insurance as is afforded by the PERSONAL INJURY LIABILITY coverage does not apply to injuries sustained by any person as a result of discrimination directly or indirectly related to the employment of such person by the insured This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Policy No. Endorsement No. Named Insured Additional Premium $ Return Premium $ BI PD The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut at counters by - at b In Advance $ 595969 1st Anniv $ 595969 2nd Anniv $ 595969 a 7, Authorized Representative 13396 ED 3-75 CONFIDENTIAL LTL 0005186 SECTION 1. PREMIUM BASIS IT IS AGREED THAT SECTION 1. PREMIUM BASIS IS TO READ AS FOLLOWS X ADJUSTABLE AT A RATE OF . CONTRACEPTIVES - ETHICAL DRUGS - IUD 2 NON ETHICAL DRUGS COUNTER 3 ALL OTHER PRODUCTS 1.88 PER .875 .0915 1,000 SALES This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Additional Premium $ Policy No. Return Premium $ Endorsement No. In Advance $ 1st Anniv $ 2nd Anniv $ BI $ $ $ PD The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 CONFIDENTIAL C wae o ad a C; . Countersigned by 1 Authorized Representative CAT 388742 PRINTED IN U.S.A. LTL 0005187 DES EXCLUSION IT IS AGREED THAT THIS POLICY LOSS ARISING OUT OF THE HUMAN DERIVATIVE OF STILBENE KNOWN ANY DERIVATIVE THEREOF SHALL NOT APPLY TO EXCESS NET CONSUMPTION OF A DRUG A CHEMICAL AS DIETHYLSTILBESTROL OR DES OR This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Additional Premium $ Policy No. Return Premium $ 3 Endorsement No. In Advance $ 1st Anniv $ 2nd Anniv $ BI $ $ $ PD The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 CONFIDENTIAL Countersigned by Authorized Representative CAT 388742 PRINTED IN U.S.A. LTL 0005188 y AGENCY > CODE NAME i PAYMENT TAX DIST TRANSACTION LINE OF CAP POLICY EFF DATE DATE TYPED @ | | | c TYPE BUSINESS A AND M CAP INITIALS i - - - ti OFFICE OFFICE CODE " 5S CODE ! .COUNTCCEOUNTESIBO IGSNING CD IOUBENITSEGSINBIIGNNINGG > N : E POLICY EXIRY DATE | | i oes ele _ - oe t CABS ID ACCOUNT NUMBER | | | | i STAT TERRITORY _ LIMITS OF LIABILITY DR LINE FORM DISC | PLAN | STATE RATE 81 PD MED REC DESIG CLASS PREMIUM EXPOSURE EXPOSURE ENDT FORM' SWINE FLU EXCLUSION IN CONSIDERATION OF THE PREMIUM CHARGED AND ANYTHING CONTAINED IN UNDERLYING POLICY OR POLICIES TO THE CONTRARY NOTWITHSTANDING IT IS HEREBY EXPRESSLY AGREED THAT THE COVERAGE AFFORDED BY THE 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 MANUFACTURING HANDLING DISTRIBUTING TESTING SALE APPLICATION ADMINISTRATION INGESTION INJECTION CONSUMPTION OR OTHER USE OF ANY KIND OR NATURE WHATSOEVER OF MONOVALENT AND BIVALENT AND ANY OTHER VACCINE OR IMMUNIZATION AGENTS BY WHATSOVER NAME OR DESIGNATION MANUFACTURED SOLD OR DISTRIBUTED BY OR ON BEHALF OF THE INSURED WHICH IS INFLUENZA VIRUS COMMONLY DESIGNATED AS SWINE FLU WHICH CONTAINS IN ITS FORMULATION THE NEW JERSEY AND ANY DERIVATIVES THEREOF H SW 1N1 STRAIN This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy | Endorsement effective | Named Insured Additional Premium $ | Policy No. Return Premium $ Endorsement No. In Advance $ 1st Anniv $ 2nd Anniv $ BI 5 Ss $ 4 PD > The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut CONFIDENTIAL Countersigned by Authorized Representative = LTL 0005189 EXCESS OVERLAYER INDEMNITY POLICY CONCURRENCY ENDORSEMENT) Whereas the period of the primary including renewals or replacements policy applies in excess is or may this policy and underlying policy or policies thereof with respect to which this be concurrent with the period of Now therefore in consideration of the premium for which this policy is written in the event of reduction or exhaustion of the aggregate limit or limits contained in such primary and underlying policy or policies solely by payment of losses in respect to accidents or occurrences during the period of such primary and underlying policy or policies it is hereby understood and agreed that such insurance as is afforded by this policy shall apply in excess of the reduced underlying limit or if such limit is exhausted shall apply as underlying insurance notwithstanding anything to the contrary in the terms and conditions of this policy This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Additional Premium $ The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut Policy No. Return Premium $ Endorsement No. BI In Advance $ 1st Anniv $ 2nd Anniv $ . / o - f cf / Countersigned by Authorized Representative 5 PD 9eennaarye 13108 f PRINTED IN U.S.A. CONFIDENTIAL LTL 0005190 CANCELLATION NOTICE AMENDED IT IS AGREED THAT THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED WILL NOT BE CANCELLED EXCEPT FOR THE PAYMENT OF PREMIUM OR CHANGED IN ANY WAY BY THE COMPANY WITHOUT THIRTY 30 DAYS PRIOR WRITTEN NOTICE BEING SENT TO JOHNSON & JOHNSON 501 GEORGE ST NEW BRUNSWICK NEW JERSEY 08903 IN THE EVENT OF CANCELLATION STANDARD 10 DAYS NOTICE OF DUE TO PAYMENT OF PREMIUM CANCELLATION WILL APPLY THE This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Additional Premium $ : Policy No. Endorsement No. Return Premium $ In Advance $ 1st Anniv S 2nd Anniv $ BI $ $ $ PD The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 CONFIDENTIAL ; Ji Countersigned by . : . ed Authorized Representative CAT 388742 PRINTED ITS A LTL 0005191 EXCLUSION OF CANADIAN COVERAGE IT IS AGREED THAT THIS POLICY DOES NOT APPLY TO PERSONAL INJURY OR PROPERTY DAMAGE OR ADVERTISING OFFENSE WHICH IS COVERED UNDER ANY POLICY DESIGNATED BELOW INCLUDING ANY RENEWAL POLICY OR WHICH WOULD HAVE BEEN COVERED UNDER SAID POLICY BUT FOR THE EXHAUSTION OF THE LIMIT OF LIABILITY PROVIDED THEREIN DESIGNATED POLICY COVERAGE 985 XN 1210 WCA EXCESS INDEMNITY IT IS ALSO AGREED AGGREGATE LIMIT OF AND POLICY NO 985 A SINGLE AGGREGATE THAT FOR THE SOLE PURPOSE OF ARRIVING AT THE LIABILITY OF A PARTICULAR COVERAGE THIS POLICY XN 1210 WCA WILL BE DEEMED TO BE ONE POLICY WITH LIMIT OF LIABILITY FOR SUCH COVERAGE This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured , Additional Premium $ Policy No. Return Premium $ Endorsement No. In Advance $ 1st Anniv $ 2nd Anniv $ BI $ Ss $ PD The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 CONFIDENTIAL Countersigned by ey iffi Authorized Representative CAT 388742 PRINTED IN U.S.A. LTL 0005192 oo . ) ADDITIONAL INTEREST IT IS AGREED THAT THE POLICY IS AMENDED TO APPLY TO THE ADDITIONAL INTEREST EFFECTIVE 4/13/77 1 CRITIKON INC & BERKELEY 2700 DUPONT DRIVE DIVISION OF CRITIKON INC IRVINE CALIFORNIA 92715 2 BERKELEY INTERNATIONAL , INC & PUERTO RICO INDUSTRIAL DEVELOPMENT CO 2700 DUPONT DRIVE IRVINE CALIFORNIA 92715 3 EFFECTIVE 6/30/77 PEVRICK ENGINEERING COMPANY INC 7410 SAN FERNANDO ROAD SUN VALLEY CALIFORNIA This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective SEE ABOVE Named Insured JOHNSON & JOHNSON Additional Premium $ Policy No. 01XN 1209 WCA Endorsement No. 74 74 Return Premium $ In Advance $ 1st Anniv $ 2nd Anniv S BI $ $ S PD The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455-8 12-73 pe Authorized Representative CAT 439789 . PRINTED IN U.S.A. CONFIDENTIAL LTL 0005193 EXCESS OVERLAYER INDEMNITY POLICY Definitions It is agreed that such insurance as is afforded only to personal injury advertising offense or defined below by the policy for EXCESS property damage caused by NET LOSS applies an occurrence as . Personal injury means bodily injury shock mental anguish sickness or disease including death at any time resulting therefrom injury arising out of false arrest detention or imprisonment malicious prosecution wrongful entry or eviction or other invasion of the right of private occupancy humiliation or racial or religious discrimi- nation unless committed by or at the direction of the insured or unless insurance therefor is prohibited by law and except with respect to injury occurring in the course of the named insured's advertising activities injury arising out of the publicatio or utterance of a libel or slander or of other defamatory or disparaging material or a publication or utterance in violation of an individual's right of privacy 2 Advertising offense means injury occurring in the course of the named insured's adver- tising activities if such injury arises out of libel slander defamation violation of right of privacy piracy unfair competition or infringement of copyright title or slogan other than a patent 3 Property damage means 1 physical injury to or destruction of tangible property which : occurs during the policy period including the loss of use thereof at any time resulting therefrom or 2 loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period 4 Occurrence means an accident including continuous or repeated exposure to conditions which results in personal injury property damage or advertising offense which is neither expected nor intended from the standpoint of the insured This endorsement issued by one of the below named companies forms a part of the policy to which attached policy unless otherwise stated heroin effective on the inception date of the The information below is required only when this endorsement is issued subsequent to preparation ofpolicy Endorsement effective Named Insured Additional Premium $ Policy No. Return Premium $ Endorsement No. In Advance S 1st Anniv $ 2nd Anniv $ BI $s PD The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 13107 Countersigned by Authorized Representative . PRINTED IN U.S.A. CONFIDENTIAL LTL 0005194 EXCESS OVERLAYER INDEMNITY DEFENSE OF SUITS POLICY IT IS AGREED THAT THE DEFNITION OF THE FOLLOWING DEFINITION EXCESS NET LOSS IS REPLACED BY EXCESS NET LOSS MEANS THAT PART OF THE TOTAL OF ALL SUMS WHICH THE INSURED BECOMES LEGALLY OBLIGATED TO PAY OR HAS PAID AS DAMAGES ON ACCOUNT OF ANY ONE ACCIDENT OR OCCURRENCE AND WHICH WOULD BE COVERED BY THE TERMS OF THE CONTROLLING UNDERLYING INSURANCE IF WRITTEN WITHOUT ANY LIMIT OF LIABILITY LESS REALIZED RECOVERIES AND SALVAGES WHICH IS IN EXCESS OF ANY INSURED RETENTION AND THE TOTAL OF THE APPLICABLE LIMITS OF LIABILITY OF ALL POLICIES DESCRIBED IN SECTION 3 SCHEDULE OF UNDERLYING ARE IN FORCE INSURANCE WHETHER OR NOT SUCH POLICIES LOSS SHALL ALSO INCLUDE ANY COSTS OR EXPENSE INCURRED IN CONNECTION WITH THE DEFENSE OF A SUIT AND INTEREST JUDGMENT WHICH ACCRUES AFTER ENTRY OF JUDGMENT BUT IF ALL OF THE FOLLOWING CONDITIONS ARE MET ON ANY ONLY 1 SUCH WITH COSTS OR EXPENSE ARE INCURRED BY THE INSURED THE WRITTEN CONSENT OF AETNA CASUALTY AND 12 THE MAJORITY OF POLICIES OF UNDERLYING INSURANCE WITH THE EXCEPTION OF THE CONTROLLING UNDERLYING INSURANCE CONTAIN A SIMILAR DEFINITION OF EXCESS NET LOSS This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective 1-1-77 Named Insured JOHNSON & Additional Premium $ JOHNSON Policy No. 01 XN 1209 WCA Endorsement 11 Return Premium $ In Advance $ 1st Anniv $ 2nd Anniv $ Bl $ 5 $ PD SPECIAL NO 11 The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut B 12-73 Countersigned by t t i J Authorized Representative Representative es CAT 439789 PRINTED IN U.S.A. CONFIDENTIAL LTL 0005195 In Witness Whereof we have caused this policy to be executed and attested but this policy shall not be valid unless countersigned by our authorized representative Frephen Middlehook Middlehook Bailey William O. | See CONFIDENTIAL LTL 0005196 The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 06115 LIFE & CASUALTY | Insurance planned for your protection by CONFIDENTIAL LTL 0005197 Atna Atna LIFE & CASUALTY EXCESS OVERLAYER INDEMNITY POLICY THE ^ TNACASUALTY AND SURETY COMPANY Hartford Connecticut 06115 a stock insurance company herein called ^ tnaCasualty IN CONSIDERATION of the payment of the premium and subject to all of the terms of this policy agrees with the Insured named in the declarations as follows NAMED INSURED AND ADDRESS JOHNSON & JOHNSON DAWN GREENBELT DRIVE DAWN MILLS ONTARIO CANADA Section 1. DECLARATIONS POLICY 985 XN 1210 WCA POLICY PERIOD From 11//1/17/777 12:01 A.M. standard Insured To 11//11//778 8 time time at the address of PREMIUM LIMITS OF LIABILITY 16.67 2,500,000 MAXIMUM QUOTA SHARE OF 15,000,000 EACH OCCURRENCE 16.67 2,500,000.MAXIMUM QUOTA SHARE OF 15,000,000 ANNUAL AGGREGATE (J Flat charge Adjustable at rate of SEE ENDORSEMENT per $ of Minimum Premium Total Advance Premium 3 Year Policy Installments 1st Anniversary 9,800 2nd Anniversary ENDORSEMENTS 1. Broad Form Nuclear Energy Exclusion Form No. 13113 SEE LIST OF ENDORSEMENTS 13106 11/74 CONFIDENTIAL Printed in U.S.A. LTL 0005198 SECTION 3. SCHEDULE OF UNDERLYING INSURANCE Each policy or group of share policies listed is excess of all policies listed below it POLICY NUMBER INSURER LONDON COVERAGE EACH PERSON LIMITS OF LIABILITY EACH OCCURRENCE AGGREGATE EXCESS INDEMNITY 5,000,000 5,000,000 CONFIDENTIAL LONDON CONTROLLING INSURANCE EXCESS INDEMNITY 5,000,000 5,000,000 This schedule applies to the above policies and any renewals or replacements thereof LTL 0005199 Section 4. CONDITIONS LIMITS OF LIABILITY resulting from any one ^ tnaCasualty shall not be liable for more than the amount of the limits stated in Section 1. with respect to EXCESS NET LOSS accident or occurrence provided 1 if limits of liability are separately stated as applicable to certain kinds of loss such limits shall apply separately to that part of such loss which is in excess of the total of the limits of liability of the underlying insurance policies applicable to the same kind of loss 2 if a single limit of liability is stated such limit shall apply to that part of all loss which is in excess of the total of the applicable limits of liability of the underlying insurance policies and 3 if any limit of liability so stated is expressed as a share percentage of a stated amount of excess loss ^ tnaCasualty shall not be liable for more than that percentage of any loss to which this policy applies NOTICES Notices as required to be given to the primary insurer shall also be given to ^ tnaCasualty in the event of any accident occurrence claim or suit whcih is reasonably likely to give rise to a claim for indemnity under this policy The INSURED shall give ^ tnaCasualty notice of any change in or termination of underlying insurance including notice of exhaustion of any aggregate limit copies of endorsements and audits of premiums earned ASSISTANCE ^ tnaCasualty shall not be called upon to AND assume charge of the settlement or defense COOPERATION of any claims made or suits brought or proceedings instituted against the INSURED but ^ tnaCasualty shall have the right and shall be given the opportunity to associate with the INSURED or the INSURED'S underlying insurers or both in the defense and control of any claim suit or proceeding where the claim or suit involves or appears reasonably likely to involve ^ tna Casualty in which event the INSURED and ^ tnaCasualty shall cooperate in all things in the defense of such claim suit or proceeding APPEALS In the event the INSURED or any un- derlying insurer elects not to appeal a judgment which exceeds the underlying limit ^ tnaCasualty may elect to do so ^ tnaCasualty shall be liable in addition to the applicable limit of liability for all costs taxes expenses incurred and interest on judgments incidental to such an appeal ACTION AGAINST No action shall lie against ^ tnaCasualty unless as a condition precedent thereto ^ ETNA there shall have been full compliance with CASUALTY all of the terms of this policy nor until the amount of the INSURED'S obligation to pay shall have been finally determined either by judgment against the INSURED or by written agreement of the INSURED the claimant and ^ tna Casualty Bankruptcy or insolvency of the INSURED shall not relieve ^ tna Casualty of any of its obligations hereunder Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy No person or organization shall have any right under this policy to join ^ tnaCasualty as a party to any action against the INSURED to determine the INSURED'S liability nor shall ^ tnaCasualty be impleaded by the INSURED or his legal representative SUBROGATION In the event of any payment under this policy ^ tnaCasualty shall participate with the INSURED and the underlying insurers in the exercise of all the INSURED'S rights of recovery against any person or organization liable therefor The INSURED shall do nothing after loss to prejudice such rights Recoveries shall be applied first to reimburse any interest including the INSURED that may have paid any amount with respect to liability in excess of the limit of ^ tnaCasualty's liability hereunder then to reimburse ^ tnaCasualty and any other insurer with which it may be participating on a share basis up to the amount paid hereunder and lastly to reimburse those interests including the IN- SURED as to which this insurance is excess who are entitled to claim the residue if any but a different apportionment may be made to effect settlement of a claim by agreement executed by all interests Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought CHANGES Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop ^ tnaCasualty from asserting any rights under the terms of this policy nor shall the terms of this policy be waived or changed except by endorsement issued to form a part of this policy signed by the President a Vice President Assistant Vice President Secretary or Assistant Secretary of ^ tnaCasualty ASSIGNMENT Assignment of interest under this policy shall not bind ^ tnaCasualty until its consent is endorsed hereon CANCELLATION This policy may be cancelled by the IN- SURED named in Section 1. by mailing to ^ tnaCasualty written notice stating when thereafter the cancellation shall be effective This policy may be cancelled by ^ tnaCasualty by mailing to the IN- SURED first named in Section 1. at the address shown in this policy written notice stating when not less than ten days thereafter such cancellation shall be effective The mailing of notice as aforesaid shall be sufficient proof of notice If such INSURED cancels earned premium shall be computed short rate if ^ tnaCasualty cancels earned premium shall be computed prorata but payment or tender of unearned premium is not a condition of cancellation IN WITNESS WHEREOF THE ^ TNACASUALTY AND SURETY COMPANY has caused this policy to be signed by its President and a Secretary at Hartford Connecticut and countersigned on the Declarations page by a duly authorized agent of the Company President Stephen Middkhook Middkhook 13169-1 ED 2-75 CONFIDENTIAL PRINTED IN U.S.A. LTL 0005200 LIST OF ENDORSEMENTS BROAD FORM NUCLEAR ENERGY EXCLUSION FORM NO 13113A EXCLUSION CONTAMINATION OR POLLUTION MU - 13395 AMENDMENT OF DISCRIMINATION COVERAGE MU den 13396 SECTION 1. PREMIUM BASIS DES EXCLUSION SWINE FLU EXCLUSION CONCURRENCY ENDORSEMENT CANCELLATION NOTICE AMENDED EXCLUSION OF U.S.A. COVERAGE CONCURRENCY XN 13108 DEFINITIONS - XN 13107 This endorsement issued by one of the below named companies forms a part of the policy to which attached policy unless otherwise stated herein effective on the inception date of the The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Additional Premium $ Policy No. , Endorsement No. Return Premium BI In Advance $ 1st Anniv S 2nd Anniv $ 1 PD The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 Countersigned by __ C4 2 a Authorized Representative CAT 388742 PRINTED IN U.S.A. CONFIDENTIAL LTL 0005201 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT It is agreed that the policy does not apply 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 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 ) 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 II Under any Medical Payments Coverage or under any Supplementary Payments provision relating to immediate medical or surgi- cal 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 any waste material ) 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 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 This endorsement forms a part of the policy to which attached effective from its date of issue The ^ tnaCasualty and Surety Company Hartford Connecticut Donald Donald Johnson M Johnson Johnson Johnson For attachment to the following policy forms CA JC JS AL SJ MP JP CJ SK GS PS LC DR DP DG DB DH DO 13113 CAT 001902 PRINTED IN U.S. CONFIDENTIAL LTL 0005202 EXCESS OVERLAYER INDEMNITY POLICY CONTAMINATION OR POLLUTION It is agreed that the policy does not apply to EXCESS NET LOSS 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 if such discharge dispersal release or escape is sudden and accidental This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Policy No. Endorsement No. Additional Premium $ Return Premium $ BI PD The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut Countersigned by In Advance $ > 1st Anniv $ < 2nd Anniv $ ; 69 69 69 et Authorized Representative 13395 ED 3-75 PRINTED IN U.S.A. CONFIDENTIAL LTL 0005203 EXCESS OVERLAYER INDEMNITY POLICY AMENDMENT OF DISCRIMINATION COVERAGE It is agreed that such insurance as is afforded by the PERSONAL INJURY LIABILITY coverage does not apply to injuries sustained by any person as a result of discrimination directly or indirectly related to the employment of such person by the insured This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the in- ception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Policy No. Endorsement No. Named Insured Additional Premium $ Return Premium $ BI PD The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut f Countersigned by ota fl In Advance $ SA 1st Anniv $ EA > 2nd Anniv $ EA o- Authorized Representative 13396 ED 3-75 CONFIDENTIAL LTL 0005204 SECTION 1. PREMIUM BASIS IT IS AGREED THAT SECTION 1. PREMIUM BASIS IS TO READ AS FOLLOWS X ADJUSTABLE AT A RATE OF 1. CONTRACEPTIVES - ETHICAL DRUGS - IUD 1.88 PER 1,000 SALES 2. NON ETHICAL DRUGS COUNTER = .875 3. ALL OTHER PRODUCTS .0915 This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Policy No. , 2 Endorsement No. Additional Premium $ Return Premium $ BI In Advance $ $ 1st Anniv $ $ 2nd Anniv $ $ PD The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 CONFIDENTIAL Countersigned by (o - . ; a _ re Authorized Representative CAT 388742 PRINTED IN U.S.A. LTL 0005205 DES EXCLUSION IT IS AGREED THAT THIS POLICY LOSS ARISING OUT OF THE HUMAN DERIVATIVE OF STILBENE KNOWN ANY DERIVATIVE THEREOF SHALL NOT APPLY TO EXCESS NET CONSUMPTION OF A DRUG A CHEMICAL AS DIETHYLSTILBESTROL OR DES OR | i i Hi : ' i i i This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Additional Premium $ Policy No. Return Premium $ Endorsement No. 3 In Advance $ 1st Anniv $ 2nd Anniv $ BI $ $ PD The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 CONFIDENTIAL Countersigned by CC Authorized Representative CAT 388742 PRINTED IN U.S.A. LTL 0005206 SWINE FLU EXCLUSION IN CONSIDERATION OF THE PREMIUM CHARGED AND ANYTHING CONTAINED IN UNDERLYING POLICY OR POLICIES TO THE CONTRARY NOTWITHSTANDING IT IS HEREBY EXPRESSLY AGREED THAT THE COVERAGE AFFORDED BY THE 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 MANUFACTURING HANDLING DISTRIBUTING TESTING SALE APPLICATION ADMINISTRATION INGESTION INJECTION CONSUMPTION OR OTHER USE OF ANY KIND OR NATURE WHATSOEVER OF MONOVALENT AND BILVALENT AND ANY OTHER VACCINE OR IMMUNIZATION AGENTS BY WHATSOEVER NAME OR DESIGNATION MANUFACTURED SOLD OR DISTRIBUTED BY OR ON BEHALF OF THE INSURED WHICH IS INFLUENZA VIRUS COMMONLY DESIGNATED AS SWINE FLU WHICH CONTAINS IN ITS FORMULATION THE NEW JERSEY H SW INI STRAIN AND ANY DERIVATIVES THEREOF This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement issued is endorsement Endorsement effective Named Insured Additional Premium $ Policy No. Return Premium $ issued subsequent to preparation of policy Endorsement No. BI In Advance $ 5 1st Anniv $ 2nd Anniv $ PD The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 + Countersigned by L a ra te x. a Authorized Representative CAT 388742 PRINTED IN U.S.A. CONFIDENTIAL LTL 0005207 EXCESS OVERLAYER INDEMNITY POLICY CONCURRENCY ENDORSEMENT) WHEREAS THE PERIOD OF THE PRIMARY INCLUDING RENEWALS OR REPLACEMENTS POLICY APPLIES IN EXCESS IS OR MAY THIS POLICY AND UNDERLYING POLICY OR POLICIES THEREOF WITH RESPECT TO WHICH THIS BE CONCURRENT WITH THE PERIOD OF NOW THEREFORE IN CONSIDERATION OF THE PREMIUM FOR WHICH THIS POLICY IS WRITTEN IN THE EVENT OF REDUCTION OR EXHAUSTION OF THE AGGREGATE LIMIT OR LIMITS CONTAINED IN SUCH PRIMARY AND UNDERLYING POLICY OR POLICIES SOLELY BY PAYMENT OF LOSSES IN RESPECT TO ACCIDENTS OR OCCURRENCES DURING THE PERIOD OF SUCH PRIMARY AND UNDERLYING POLICY OR POLICIES IT IS HEREBY UNDERSTOOD AND AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY SHALL APPLY IN EXCESS OF LIMIT IS EXHAUSTED SHALL APPLY ANYTHING TO THE CONTRARY IN THE THE REDUCED UNDERLYING LIMIT OR IF SUCH AS UNDERLYING INSURANCE NOTWITHSTANDING TERMS AND CONDITIONS OF THIS POLICY This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Additional Premium $ Policy No. Return Premium $ Endorsement No. 5 BI In Advance $ 1st Anniv $ 2nd Anniv $ PD The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 CONFIDENTIAL Je ff fi: : Countersigned by Authorized Representative CAT 388742 PRINTED IN U.S.A. LTL 0005208 CANCELLATION NOTICE AMENDED IT IS AGREED THAT NOT BE CANCELLED IN ANY WAY BY THE BEING SENT TO THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED WILL EXCEPT FOR THE PAYMENT OF PREMIUM OR CHANGED COMPANY WITHOUT THIRTY 30 DAYS PRIOR WRITTEN NOTICE JOHNSON & JOHNSON 19 GREENBELT DRIVE DAWN ONTARIO CANADA IN THE EVENT OF CANCELLATION DUE TO PAYMENT OF PREMIUM THE STANDARD 10 DAYS NOTICE OF CANCELLATION WILL APPLY This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement issued is Endorsement effective Named Insured Additional Premium $ Policy No. Return Premium $ issued subsequent subsequent to preparation of policy 6 Endorsement No. In Advance $ 1st Anniv $ 2nd Anniv $ BI 6 PD The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 (3 x te a . . ~ /, ~.7 4 Lo ee Countersigned by Authorized Representative CAT 388742 PRINTED IN U.S.A. CONFIDENTIAL LTL 0005209 EXCLUSION OF USA COVERAGE IT IS AGREED THAT THIS POLICY DOES NOT APPLY TO PERSONAL INJURY OR PROPERTY DAMAGE OR ADVERTISING OFFENSE WHICH IS COVERED UNDER ANY POLICY DESIGNATED BELOW INCLUDING ANY RENEWAL POLICY OR WHICH WOULD HAVE BEEN COVERED UNDER SAID POLICY BUT FOR THE EXHAUSTION OF THE LIMIT OF LIABILITY PROVIDED THEREIN DESIGNATED POLICY COVERAGE 01 XN 1209 WCA EXCESS INDEMNITY IT IS ALSO AGREED THAT FOR THE SOLE PURPOSE OF ARRIVING AT THE AGGREGATE LIMIT OF LIABILITY OF A PARTICULAR COVERAGE THIS POLICY AND POLICY NO 01 XN 1209 WCA WILL BE DEEMED TO BE ONE POLICY WITH A SINGLE AGGREGATE LIMIT OF LIABILITY FOR SUCH COVERAGE This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Additional Premium $ Return Premium $ Endorsement No. 7 In Advance $ 1st Anniv $ 2nd Anniv $ BI S 5 $ PD The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 CONFIDENTIAL . { ys VA Countersigned by v Authorized Representative CAT 388742 PRINTED IN U.S.A. LTL 0005210 EXCESS OVERLAYER INDEMNITY POLICY CONCURRENCY ENDORSEMENT) Whereas the period of the primary including renewals or replacements policy applies in excess is or may this policy and underlying policy or policies thereof with respect to which this be concurrent with the period of Now therefore in consideration of the premium for which this policy is written in the event of reduction or exhaustion of the aggregate limit or limits contained in such primary and underlying policy or policies solely by payment of losses in respect to accidents or occurrences during the period of such primary and underlying policy or policies it is hereby understood and agreed that such insurance as is afforded by this policy shall apply in excess of the reduced underlying limit or if such limit is exhausted shall apply as underlying insurance notwithstanding anything to the contrary in the terms and conditions of this policy This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Additional Premium $ Policy No. Return Premium $ Endorsement No. BI In Advance $ 1st Anniv $ 2nd Anniv $ PD The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 13108 CONFIDENTIAL Countersigned by fi "oF a .? ? ? 7 7 Authorized Representative PRINTED IN U.S.A. LTL 0005211 EXCESS OVERLAYER INDEMNITY POLICY Definitions It is agreed that such insurance as is afforded only to personal injury advertising offense or defined below by the policy for EXCESS property damage caused by NET LOSS applies an occurrence as . Personal injury means bodily injury shock mental anguish sickness or disease including death at any time resulting therefrom injury arising out of false arrest detention or imprisonment malicious prosecution wrongful entry or eviction or other invasion of the right of private occupancy humiliation or racial or religious discrimination unless committed by or at the direction of the insured or unless insurance therefor is prohibited by law and except with respect to injury occurring in the course of the named insured's advertising activities injury arising out of the publication or utterance of a libel or slander or of other defamatory or disparaging material or a publication or utterance in violation of an individual's right of privacy 2 Advertising offense means injury occurring in the course of the named insured's advertising activities if such injury arises out of libel slander defamation violation of right of privacy piracy unfair competition or infringement of copyright title or slogan other than a patent _ Property damage means 1 physical injury to or destruction of tangible property which - occurs during the policy period including the loss of use thereof at any time resulting therefrom or 2 loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period 4 Occurrence means an accident including continuous or repeated exposure to conditions which results in personal injury property damage or advertising offense which is neither expected nor intended from the standpoint of the insured This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy Endorsement effective Named Insured Additional Premium $ Policy No. Return Premium $ Endorsement No. In Advance $ 1st Anniv S 2nd Anniv $ BI $ $s $s PD J The Etna Casualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 13107 Countersigned by fi {iF - // Authorized Representative : PRINTED IN U.S.A. CONFIDENTIAL LTL 0005212 . EXCESS OVERLAYER INDEMNITY POLICY DEFENSE OF SUITS IT IS AGREED THAT THE DEFINITION OF EXCESS NET LOSS IS REPLACED BY THE FOLLOWING DEFINITION EXCESS NET LOSS MEANS THAT PART OF THE TOTAL OF ALL SUMS WHICH THE INSURED BECOMES LEGALLY OBLIGATED TO PAY OR HAS PAID AS DAMAGES ON ACCOUNT OF ANY ONE ACCIDENT OR OCCURRENCE AND WHICH WOULD BE COVERED BY THE TERMS OF THE CONTROLLING UNDERLYING INSURANCE IF WRITTEN WITHOUT ANY LIMIT OF LIABILITY LESS REALIZED RECOVERIES AND SALVAGES WHICH IS IN EXCESS OF ANY INSURED RETENTION AND THE TOTAL OF THE APPLICABLE LIMITS OF LIABILITY OF ALL POLICIES DESCRIBED IN SECTION 3 SCHEDULE OF UNDERLYING ARE IN FORCE INSURANCE WHETHER OR NOT SUCH POLICIES LOSS SHALL ALSO INCLUDE ANY COSTS OR EXPENSE INCURRED IN CONNECTION WITH THE DEFENSE OF A SUIT AND INTEREST JUDGMENT WHICH ACCRUES AFTER ENTRY OF JUDGMEN BUTT IF ALL OF THE FOLLOWING CONDITIONS ARE MET ON ANY ONLY 1 SUCH COSTS OR EXPENSE ARE INCURRED BY THE INSURED WITH THE WRITTEN CONSENT OF AETNA CASUALTY AND , 12 THE MAJORITY OF POLICIES OF UNDERLYING INSURANCE WITH THE EXCEPTION OF THE CONTROLLING UNDERLYING INSURANCE CONTAIN A SIMILAR DEFINITION OF EXCESS NET LOSS This endorsement issued by one of the below named companies forms a part of the policy to which attached effective on the inception date of the policy unless otherwise stated herein The information below is required only when this endorsement is issued subsequent to preparation of policy : Endorsement effective 1/1/77 . Policy 985 XN 1210 WCA Endorsement No. 12 Named Insured JOHNSON & JOHNSON Additional Premium $ Return Premium $ BI PD In Advance $ 3 SPECIAL NO 12 1st Anniv $ S 2nd Anniv $ 5 The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 90455 12-73 Countersigned by CAT 439789 PRINTED IN U.S.A. CONFIDENTIAL LTL 0005213 In Witness Whereof we have caused this policy to be executed and attested but this policy shall not be valid unless countersigned by our authorized representative William ) -- -- ---- ------... ------,-- ------ ---- ------... ----,-- | ---- CONFIDENTIAL Bailey | LTL 0005214 The ^ tnaCasualty and Surety Company The Standard Fire Insurance Company Hartford Connecticut 06115 Insurance planned for your protection by 470470 CONFIDENTIAL Cat 211974 Printed in U.S.A. Trademark of The ^ tnaCasualty and Surety Company and its associated companies LTL 0005215