# Nuclear Energy Liability Exclusion - 178454 09 90

Excess Liability Policy

## A. The policy does not apply:

(1) Under any 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 (i) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (ii) 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.

(2) Under any Liability Coverage, to "Injury", sickness, disease, death or "Destruction" resulting from the hazardous properties of "Nuclear Material", if:

(a) The "Nuclear Material" (i) is at any "Nuclear Facility" owned by, or operated by or on behalf of, an Insured or (ii) has been discharged or dispersed therefrom;

(b) The "Nuclear Material" is contained in "Spent Fuel" or "Waste" at any time

## B. As used in this exclusion:

"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 material (i) containing "Byproduct Material" other than the tailings or "Wastes" produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "Source Material" content,

This Form must be attached to Change Endorsement when issued after the policy is written.

One of the Fireman's Fund Insurance Companies as named in the policy

**Secretary**

**President**