# Nuclear Energy Liability Exclusion Endorsement (Broad Form)

**Endt. #1**

**International Business Machines Corp., et al.**

**May 21, 1970**
**Policy No.: XBC 43241**

**Issued by:**
**Insurance Company of North America**

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**This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:**

- **All Automobile Liability, General Liability and Medical Payments Insurance other than Family Automobile, Special Package Automobile, Comprehensive Personal and Farmer's Comprehensive Personal Insurance**

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**It is agreed that:**

A. The policy does not apply:

1. Under any Liability Coverage to bodily injury or property damage:
   - 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, Atomic Energy Liability Underwriters, or Nuclear Insurance Association of Canada.
   - Resulting from the hazardous properties of nuclear material with respect to which (a) any person or organization is required to maintain a license or registration pursuant to the Atomic Energy Act of 1954 or its amendments, or (b) the insured is, or has been, indemnified 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.

B. Under any Medical Payments Coverage or any Supplementary Payments provision relating to first aid expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material arising out of the operation of a nuclear facility by any person or organization.

C. Under any Liability Coverage to bodily injury or property damage resulting from the hazardous properties of nuclear material if:
   - The nuclear material is at any time owned by, or operated by or on behalf of, an insured or has been discharged or dispersed through the use of nuclear material contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported, or disposed of by the insured.
   - The bodily injury or property damage results from the furnishing by the insured of nuclear materials, parts of equipment in connection with the running, construction, maintenance, or operation of 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 shall apply only to property damage to such nuclear facility and any property thereof.

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**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 its amendments or, hereafter.
- "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/or resulting from the operation by any person or organization of any nuclear facility, including within the definition of nuclear facility under paragraph (a) or (b) thereof.
- "Nuclear facility" means:
  - Any nuclear reactor.
  - 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.
  - Any equipment or device used for the processing, fabrication, 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 of the set of more than 25 grams of uranium 233.
  - Any structure, basin, excavation, premises, or place prepared or used for the storage or disposal of waste, and includes the site on which 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 self-supporting chain reaction or to contain a critical mass of fissile material.
- "Property damage" includes all forms of radioactive contamination of property.

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**Authorized Agent:**

**Signature:**

**LC 1013 (A0090) v.2.66 Printed in U.S.A. (6/70)**