# Nuclear Energy Liability Exclusion Endorsement (Broad Form)

This endorsement modifies the provisions of this policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE.

**1. As used in this endorsement:**

- **"hazardous properties"** include radioactive, toxic or explosive properties;
- **"nuclear material"** means source material, special nuclear material or by-product 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 (a) containing by-product 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, or (b) resulting from the operation by any person or organization of any nuclear facility, included under the first two paragraphs of the definition of nuclear facility;
- **"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 239, 60 grams of U-235 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 or a self-sustaining chain reaction or to contain a critical mass of fissile materials.
- **"property damage"** includes all forms of radioactive contamination of property.

**NEW YORK EXCEPTION:** The Nuclear Energy Liability Exclusion Endorsement (Broad Form) does not apply to Automobile Liability Insurance in New York.

**IN WITNESS WHEREOF,** the company has caused this policy to be executed on its behalf, but the same shall not be binding upon the company unless countersigned on the declarations page by a duly authorized agent of the company.

**C.M. George**
**United States Manager (Zurich)**
**President (American Guaranties)**

**150001**