# NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)

**I.** It is agreed that the policy does not apply:

1. Under any Liability Coverage, to injury, sickness, disease, death or destruction:
   - 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 of Canada, 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.

2. Resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or an instrumentality thereof; or (2) 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.

3. 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 hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization.

**II.** Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material if:
   - 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;
   - The nuclear material is contained in spent fuel or waste or at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Insured; or
   - The injury, sickness, disease, death or destruction arises out of the furnishing by an Insured of services, materials, parts or 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 (c) applies only to injury to or destruction of property at such nuclear facility.

**IV.** As used in this endorsement:
   - "Hazardous properties" means the properties of nuclear material that make it hazardous.
   - "Nuclear material" means any radioactive material of the following types:
     - "Source material" means uranium or plutonium, or any compound thereof, or any material containing more than 0.2 percent of uranium-235 or plutonium-239.
     - "Spent fuel" means any fuel element or other component, solid or liquid, which has been used or intended for use in a nuclear reactor.
     - "Waste" means any waste material of any type of material, and (b) resulting from the handling, processing, or disposal of source material or spent fuel.
   - "Nuclear facility" means:
     - Any nuclear reactor.
     - Any equipment or device used for the process of separating the isotopes of uranium or plutonium.
     - Any equipment or device used for the process of processing or utilizing spent fuel, high-level waste, or low-level waste.
     - Any equipment or device used for the process of fabricating or alloying of source material or waste, where at any time the total amount of source material in the custody of the Insured at the premises where such equipment or device is located, exceeds or contains more than 25 grams of plutonium-239, uranium-235, or any combination thereof, or more than 250 grams of uranium-235.
     - Any structure, basin, excavation, premises or plant prepared or used for the storage or disposal of waste.
   - "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in any self-supporting chain reaction or to contain 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.