# NUCLEAR INCIDENT EXCLUSION CLAUSE—LIABILITY—DIRECT (BROAD)

(Approved by Lloyd's Underwriters' Fire and Non-Marine Association)

For attachment to or issuance of the following classifications in the U.S.A., Puerto Rico, and the Canal Zone:

- Owner, Landlord and Tenant Liability
- Contractual Liability, Elevator Liability, Owners or Contractors (including railroad) Protective Liability, Manufacturers and Contractors Liability, Product Liability, Professional and Malpractice Liability, Nursekeepers Liability, Garage Liability, Automobile Liability, including Massachusetts Motor Vehicle or Garage Liability.

**This policy** does not apply:

I. 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, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under such policy but for its termination upon exhaustion of its limit of liability; or
   - resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain fixed protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, (2) the insured, 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.

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 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:
   - the nuclear material (1) is at any nuclear facility owned by, or operated on behalf of, an insured or (2) has been discharged or dispersed therefrom;
   - the nuclear material is contained in spent fuel or waste at any time possessed, handled, 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 or of destruction of property at such nuclear facility.

IV. As used in this endorsement:
   - "Hazardous properties" include 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 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, (1) containing byproduct material and (2) resulting from the operation of any person or organization of any nuclear facility included within the definition of a nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means:
     - any nuclear reactor,
     - 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,
     - any equipment or device used for the processing, fabricating or alloying of special nuclear material if at the time the total amount of such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 235, or more than 250 grams of uranium 235,
     - 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 status designed or used to sustain nuclear fission in a self-sustaining chain reaction or to contain critical mass of reasonable material. With respect to injury or destruction of property, the act "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 clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached.

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

17-8-60
N.M.A. 1255