# ATTACHING TO AND FORMING PART OF POLICY NO. JU 1001

**THIS POLICY is subject to the provisions of the following attached Clauses:**

1. **Nuclear Incident Exclusion Clause – Liability – Direct (Broad)**
2. **Radioactive Contamination Exclusion Clause – Liability – Direct**

## U.S.A.

### NUCLEAR INCIDENT EXCLUSION CLAUSE—LIABILITY—DIRECT (BROAD)
(Approved by Lloyd’s Underwriters Non-Marine Association)

For attachment to insurance of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone:

- Insurers, Owners
- Contractors
- Tenants Liability
- Hire or Garage

### U.S.A.

#### RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE—LIABILITY—DIRECT
(Approved by Lloyd’s Underwriters Non-Marine Association)

For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause—Liability—Direct) to liability insurances affording worldwide coverage.

In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.

**Note:** This policy does not apply to any person or organization.

**II.** Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease, or death resulting from the use of properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization.

**III.** Under any Liability Coverage, i.e., injury, sickness, disease, death or destruction resulting from the hazards of radioactive properties, including:

(a) The nuclear material if it is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or disposed therefrom;

(b) The nuclear material contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported, or disposed of by or on behalf of an insured;

(c) The injury, sickness, disease, death or destruction arises out of the furnishing as an unused of service of any nuclear gas or equipment in connection with the planning, construction, maintenance, operation or use of nuclear material or property at such facility is located within the United States of America, its territories or possessions or Canada, this exclusion only applies to such injury, sickness, disease, death or destruction of property at such nuclear facility.

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

*“Radioactive properties” include radioactive, toxic or explosive properties. “Nuclear material” means source material, special nuclear material or byproduct material. “Source material” means uranium or plutonium, or any compound thereof, or more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 650 grams of uranium 235. “Special nuclear material” means any material produced by the Atomic Energy Act 1946 or in any law amendatory thereof, “spent fuel” means any fuel element or fuel component or rod which has absorbed or exposed radiation in a nuclear reactor. “Waste” means any waste material (1) containing byproduct material and (2) arising 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 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, or for the storage of special nuclear material in the custody of the insured at the premises where such equipment or device is located, if such material contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 650 grams of uranium 235,

*(d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste,*

and includes any 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 to sustain nuclear chain reaction in a self-sustaining chain reaction or to contain a critical mass of fissile material.

With respect to injury, sickness, disease or death of property, the word “injury” or “destruction” includes all forms of radioactive contamination of property.

It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this Policy is subject to the terms, exclusions and conditions of the Policy to which it is attached.

**NOTE:** As respects policies which afford liability coverage and other forms of coverage in addition, the words underscored should be amended to designate the liability coverage to which this clause is to apply.