# THE CHUBB COMMERCIAL EXCESS - NEW YORK

## Conditions (continued)

In the event that judgment against the insured in an action brought to recover damages for injury sustained or loss or damage occasioned during the life of the policy shall remain unsatisfied at the expiration of 30 days from the serving of notice of entry of judgment upon the attorney for the insured, or upon the insured, and upon the insurer, then an action may, except during a stay or limited stay of execution against the insured on such judgment, be maintained against the insurer under the terms of the policy or contract for the amount of such judgment not exceeding the amount of the applicable Limit of Insurance.

## Nuclear Energy Liability Exclusion

This policy does not apply to:

A. any injury or damage:
1. 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, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its terminations upon exhaustion of its limits of insurance; or
2. resulting from the hazardous properties of nuclear material and with respect to which (a) person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) 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.
B. any injury or nuclear property damage resulting from the hazardous properties of nuclear material, if:
1. the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom;
2. the nuclear material is contained in spent fuel or nuclear waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or
3. the injury or nuclear property damage arises out of the furnishing by an insured of services, materials, parts of 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 3. applies only to nuclear property damage to such nuclear facility and any property therein.
C. As used in this exclusion:
1. Hazardous properties includes radioactive, toxic or explosive properties.

Form 07-02-1022 (Ed. 5/94)
Contract
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