# Nuclear Energy Exclusion Endorsement

## Policy No.: 88-13-631
## Effective Date: [Not specified]
## Agency: [Not specified]

**Named Insured:**

This endorsement is issued by that company named below, which is the insurer under the policy designated above for the Named Insured and forms a part of said policy as of the effective date hereof, at the hour stated in the policy Data.

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 of the Nuclear Energy 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 liability; or
   (b) arising from the hazardous properties of nuclear material and with respect to which (1) any person or organization required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof, if the insured is, or had this policy been issued would be, entitled to indemnity from the United States of America or any agency thereof, with an agreement entered into by the United States of America, or any agency thereof, with an organization.

II. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to immediate or subsequent 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, 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, equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but the facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies to injury to or destruction of property at such nuclear facility.

IV. Under automobile coverages Comprehensive, Collision or Uptet, Fire, Lightning and Transportation, Theft, Wind, Hail, Earthquake or Explosion Combined Additional Coverage and Towing and Labor Costs, to loss due to radioactive contamination.

V. As used in this endorsement:
   - "Hazardous properties" includes 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 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 or uranium or plutonium, (2) processing 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 amount of such material is in the custody of the insured at the premises where such equipment, or device is located, contains more than 25 grams of plutonium or uranium 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 in such operations.
   - "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction and contains a critical mass of fissile material.
   With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property.

## Special New York Provision
This endorsement does not apply in New York with respect to any Automobile Bodily Injury Liability and Automobile Property Damage Liability coverage afforded by the policy.

Countersigned by duly authorized agent
[Signature]

Form 4021-C