THIS ENDORSEMENT CHANGES THE POLICYcdn-ecomm.dreamingcode.com/public/260/documents/... · D....

Insurance Company Renewal of: New Policy No.:

LAWYERS PROFESSIONAL LIABILITY INSURANCE

DECLARATIONS NOTICE: EXCEPT TO SUCH EXTENT AS MAY OTHERWISE BE PROVIDED HEREIN, THIS POLICY IS WRITTENON A CLAIMS MADE BASIS AND COVERS ONLY THOSE CLAIMS FIRST MADE AGAINST THE INSURED DURINGTHE POLICY PERIOD AND REPORTED IN WRITING TO THE COMPANY PURSUANT TO THE TERMS HEREIN. THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS SHALL BE REDUCED BYAMOUNTS INCURRED AS DEFENSE COSTS. PLEASE READ CAREFULLY. Item 1. Named Insured:

Mailing Address:Street:

City:State and Zip Code:

Item 2. Limits of Liability: (A) each CLAIM, including CLAIMS EXPENSE

(B) Annual Aggregate, including CLAIMS EXPENSE Item 3. Deductible: Deductible per CLAIM and AGGREGATE Item 4. Policy Period: From: To:

at Standard Time at the mailing address shown above. Item 5. Premium: Item 6. Retroactive Date: See Form CVX-LAW-266 (04/2005) Item 7. Endorsements: (SEE ATTACHED SCHEDULE OF FORMS AND ENDORSEMENTS)

Form(s) and Endorsement(s) made a part of this policy at time of issue: Form Number Edition Date Description

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DAMAGES DEFINITION CHANGE This endorsement modifies Insurance provided under the following:

LAWYERS PROFESSIONAL LIABILITY COVERAGE PART

Paragraph III. of DEFINITIONS is deleted and replaced by the following:

III. DAMAGES means the monetary and compensatory portion of any judgment, award or settlement, provided alwaysthat DAMAGES shall not include:

A. punitive damages, exemplary damages, fines, penalties, treble damages or any other increases in

damages resulting from the multiplication of compensatory damages, fees, sanctions, fines, taxesor attorneys fees;

B. matters deemed uninsurable or against public policy;

C. any form of non-monetary relief;

D. DAMAGES rendered pursuant to the Racketeer Influenced and Corrupt Organizations Act of 1970

(commonly known as RICO), Title 18 U.S.C. Section 1960, et seq., or any similar federal or statestatute or law;

E. the return of forfeiture of fees paid to the INSURED for PROFESSIONAL SERVICES;

F. interest in excess of the applicable limit of liability, which accrues on that part of any judgment

within such limit. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise statedherein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: Policy No. Endorsement No. Named Insured:

Countersigned by (Authorized Representative)


DEDUCTIBLE AMENDMENT ENDORSEMENT This endorsement modifies Insurance provided under the following:


Paragraph II. DEDUCTIBLE OF LIMITS OF LIABILITY AND DEDUCTIBLE is deleted and replaced by the following:

II. DEDUCTIBLE:

The deductible stated in the Declarations applies to each CLAIM and shall be paid by the NAMEDINSURED. The deductible shall be first applied to all CLAIMS EXPENSE, with the remainder, if any,then to be applied to DAMAGES. Payment of the deductible or portions thereof shall be made by theNAMED INSURED within thirty (30) days of receipt of demand by the Company. The limits of liabilityset forth in the Declarations are in addition to and in excess of the deductible.

This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise statedherein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: Policy No. Endorsement No. Named Insured:



ELECTRONIC DATA AND CYBER RISK EXCLUSION This endorsement modifies Insurance provided under the following:


We will not pay for injury or damage, directly or indirectly, arising out of, caused by, contributed to by, or resulting from any:

1. Functioning, nonfunctioning, malfunctioning, availability, or nonavailability of:

a. the internet or similar facility; or

b. any intranet or private network or similar facility; or

c. any website, bulletin board, chat room, search engine, portal or similar third party application service.

2. Alteration, corruption, destruction, distortion, erasure, theft or other loss of or damage to data, software, information repository,microchip, integrated system or similar device in any computer equipment or non-computer equipment or any kind ofprogramming or instruction set.

3. Loss of use or functionality, whether partial or entire, of data, coding, program, software, any computer or computer system or

other device dependent upon any microchip or embedded logic and any ensuing inability or failure of the insured to conductbusiness.

This exclusion supplements any exclusion elsewhere in the policy.

This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise statedherein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: Policy No. Endorsement No. Named Insured:



EXCLUSION OF CERTIFIED ACTS OF TERRORISM,OTHER ACTS OF TERRORISM AND WAR

This endorsement modifies Insurance provided under the following:


The following exclusions are added:

A. This insurance does not apply to:

1. “Any injury or damage” arising, directly or indirectly, out of a “certified act of terrorism” or an “other act ofterrorism.” However, with respect to an “other act of terrorism,” this exclusion applies only when one or more ofthe following are attributable to such act:

a. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the

$25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all personand entities affected by the terrorism and business interruption losses sustained by owners or occupants ofthe damaged property. For the purpose of this provision, insured damage means damage that is covered byany insurance plus damage that would be covered by any insurance but for the application of any terrorismexclusions; or

b. Fifty (50) or more persons sustain death or serious physical injury. For the purposes of this provision,

serious physical injury means:

i. Physical injury that involves a substantial risk of death; orii. Protracted and obvious physical disfigurement; oriii. Protracted loss of or impairment of the function of a bodily member or organ; or

c. The terrorism involves the use, release or escape of nuclear materials or directly or indirectly results in

nuclear reaction or radiation or radioactive contamination; or

d. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological orchemical materials; or

e. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose ofthe terrorism was to release such materials.

Paragraphs A.1.a. and b. describe the thresholds used to measure the magnitude of an incident of an “other actof terrorism” and the circumstances in which the threshold will apply for the purpose of determining whether thisexclusion will apply to that incident.

2. “Any injury or damage,” however caused, arising, directly or indirectly, out of:

a. War, including undeclared or civil war; or b. Warlike action by a military force, including action in hindering or defending against an actual or expected

attack, by any government, sovereign or other authority using military personnel or other agents; or

c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering ordefending against any of these.

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B. The following definitions are added:

1. For the purposes of this endorsement, “any injury or damage” means any injury or damage covered under anyCoverage Part to which this endorsement is applicable.

2. “Certified act of terrorism” means an act that is certified by the Secretary of the Treasury, in concurrence with theSecretary of State and Attorney General of the United States, to be an act of terrorism pursuant to the federalTerrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the followingcriteria for “certified act of terrorism”:

a. The act resulted in aggregate loss in excess of $5,000,000; and

b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed

by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort tocoerce the civilian population of the United States or to influence the policy or affect the conduct of theUnited States Government by coercion.

3. “Other act of terrorism” means a violent act or an act that is dangerous to human life, property or infrastructure

that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilianpopulation or to influence the policy or affect the conduct of any government by coercion, and the act is notcertified as a terrorist act pursuant to the federal Terrorism Risk Insurance Act of 2002. Multiple incidents of an“other act of terrorism” which occur within a seventy-two (72) hour period and appear to be carried out in concertor to have a related purpose or common leadership shall be considered to be one incident.

C. In the even of any incident of a “certified act of terrorism” or an “other act of terrorism” that is not subject to this

exclusion, coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise statedherein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: Policy No. Endorsement No. Named Insured:


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OFFICE SHARING EXCLUSION ENDORSEMENT This endorsement modifies Insurance provided under the following:


This policy does not apply to any CLAIM arising out of any WRONGFUL ACTS of any entity that is not an INSURED under this policy,or with whom an INSURED shares common office space. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise statedherein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: Policy No. Endorsement No. Named Insured:



PRIOR AND PENDING LITIGATION ENDORSEMENT This endorsement modifies Insurance provided under the following:


In consideration of the premium paid, it is hereby understood and agreed that the Company has no duty to defend or indemnify anINSURED for, and this policy does not apply to any CLAIM based upon or arising out of any demand, suit or proceeding pending, ororder, decree, settlement or judgment entered against the NAMED INSURED as of _________, or alleging or derived from the same oressentially the same facts as alleged in such pending or prior litigation or demand. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise statedherein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: Policy No. Endorsement No. Named Insured:



RETROACTIVE DATE ENDORSEMENT This endorsement modifies Insurance provided under the following:


In consideration of the premium paid, it is agreed that the policy is amended as follows:

This policy does not apply to any CLAIMS or CLAIMS arising from, attributable to, or based uponany WRONGFUL ACT(S) committed or alleged to have been committed by the following lawyersprior to the corresponding retroactive date.

NAME OF ATTORNEY AND RETROACTIVE DATE The retroactive date for any insured or former insured not specifically listed in this endorsement is: This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise statedherein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: Policy No. Endorsement No. Named Insured:



TERRORISM EXCLUSION This endorsement modifies Insurance provided under the following:


Notwithstanding any other provision of this policy to the contrary, this insurance does not apply to any loss, cost, expense, damage,injury or economic detriment, whether arising by contract, operation of law or otherwise, whether or not concurrent or in any sequencewith any other cause or event, that in any way, form or manner, directly or indirectly, arises out of, results from or is caused by“terrorism,” and also including any action taken in hindering or defending against “terrorism.” “Terrorism” means any act of force or violence or other illegal means, whether actual, alleged or threatened, by any person, persons,group, private or governmental entity or entities, or any other type of organization of any nature whatsoever, whether the identity ofwhich is known or unknown, that appears to be for political, religious, racial, ethnic, ideological, ecological or social purposes, objectivesor motives and that causes or appears to be intended to cause:

1. alarm, fright, fear of danger, concern or apprehension for public safety;

2. the interference or disruption of an electronic, communication, information or mechanical system;

3. the intimidation or coercion of the civilian population, or any governmental body; or

4. the alteration of the policies, foreign or domestic of any governmental body. This exclusion does not affect the applicability of, and is in addition to, any exclusion of war, warlike or military action, whether or notspecifically denominated as such. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise statedherein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: Policy No. Endorsement No. Named Insured:



WAR EXCLUSION This endorsement modifies Insurance provided under the following:


Any exclusion of war, warlike or military action whether or not specifically denominated as such, is deleted and replaced by thefollowing:

Notwithstanding any provision of this policy to the contrary, this insurance does not apply to injury,damage, loss, cost or expense, due to war, whether or not declared, or any act or condition incidentto war. War includes civil war, insurrection, rebellion, revolution or action taken by governmentalauthority in hindering or defending against any of these.

This exclusion does not affect the applicability of, and is in addition to, any exclusion of terrorism, whether or not specificallydenominated as such. This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise statedherein. (The following information is required only when this endorsement is issued subsequent to preparation of policy.) Endorsement effective: Policy No. Endorsement No. Named Insured:


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NOTICE

THIS IS A CLAIMS MADE AND REPORTED FORMLAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY

CLAIMS-MADE DEFENSE AND DAMAGES WITHIN LIMITS AND DUTY TO DEFEND THIS LAWYERS PROFESSIONAL LIABILITY POLICY PROVIDES COVERAGE ON A "CLAIMS-MADE" ANDREPORTED BASIS. THE COVERAGE PROVIDED BY THIS POLICY IS LIMITED TO ONLY THOSE CLAIMS WHICHARISE FROM PROFESSIONAL SERVICES RENDERED AFTER THE RETROACTIVE DATE STATED IN THEDECLARATIONS AND WHICH ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO US DURING THEPOLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. PLEASE REVIEW THE POLICY CAREFULLY. THIS POLICY CONTAINS IMPORTANT EXCLUSIONS ANDCONDITIONS. ALL WORDS OR PHRASES (OTHER THAN CAPTIONS) THAT ARE PRINTED IN BOLD FACE AREDEFINED IN THE POLICY. PLEASE DISCUSS ANY QUESTIONS CONCERNING THE COVERAGE WITH YOURINSURANCE AGENT OR BROKER.

WHAT TO DO IN CASE OF A CLAIM In the event you directly or indirectly become involved in a professional liability claim, you should immediately report thedetails to either your agent/broker or to:

Note: Failure to promptly report a claim could jeopardize your policy.

IMPORTANTThis policy is not effective unless a Declarations page is issued.

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TABLE OF CONTENTS SECTION I – INSURING AGREEMENT 3 SECTION II – CLAIMS TO WHICH THIS POLICY APPLIES 3 SECTION III – COVERAGE TERRITORY 3 SECTION IV – DEDUCTIBLE 3 SECTION V – DEFENSE PROVISIONS 4 SECTION VI – SETTLEMENT PROVISIONS 4 SECTION VII – WHO IS AN INSURED 4 SECTIN VIII – LIMITS OF LIABILITY 4 SECTION IX – EXCLUSIONS 5 SECTION X – DEFINITIONS 8 SECTION XI – CONDITIONS 9 SECTION XII – EXTENDED REPORTING PERIOD 11

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LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICYCLAIMS MADE AND REPORTED – DEFENSE AND DAMAGES WITHIN LIMITS

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is notcovered. Throughout this policy, the words "you" and "your" refer to both the named insured shown in the Declarations and any additionalinsured(s) added to the policy by Endorsement. The words "Company', "we," "us" and "our' refers to the Company providing thisinsurance. Words and phrases, other than titles, which are defined in SECTION X – DEFINITIONS, have special meaning. These special words orphrases appear in boldface throughout the policy. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------

SECTION I – INSURING AGREEMENT Professional Liability Coverage In consideration of the payment of the premium and inreliance upon the statements and representations of the named insured in the Application(s) for insurance, subjectto all of the terms of this policy, the Company agrees topay on behalf of the insured those sums in excess of thedeductible that the named insured becomes legallyobligated to pay as damages because of claims firstmade against the insured for actual or alleged errors,omissions or personal and advertising injury arising outof professional services as described in SECTION II –CLAIMS TO WHICH THIS POLICY APPLIES andreported to us in writing during the policy period orExtended Reporting Period (if applicable), but: 1. The amount we will pay for all claim expenses and

damages in the defense of any claim is limited to thePer Claim Limit as described in SECTION VIll – LIMITS OF LIABILITY, shown in the Declarations;

2. Our right and duty to defend end when we have used

up the applicable limit of insurance by payment of damages or claim expenses or by any combinationof both, in the defense or settlement of any claim, described in SECTION VIll – LIMITS OF LIABILITY, shown in the Declarations; and

3. We have no duty to pay claim expenses or defend

the insured against any claim seeking damages notcovered by the policy.

SECTION II – CLAIMS TO WHICH THIS POLICYAPPLIES Subject to the terms of this policy, this insurance applies toa claim only if: 1. The professional services giving rise to such claim are rendered:

a. In the Coverage Territory as described in SECTION III – COVERAGE TERRITORY; and

b. To a client of the named insured; and

c. Within the insured's profession; and d. On or after the retroactive date specified for the

named insured and before the end of the policy period; and

e. Such claim is reported to us in writing within ten

(10) days of receipt by the named insured of awritten notice of a claim; and

2. The named insured's written report of a claim is

received by us prior to the expiration date of the policy period or the expiration of an ExtendedReporting Period, if one applies.

SECTION III – COVERAGE TERRITORY The insurance provided by this policy applies only to professional services rendered in the United States ofAmerica as long as the claim is made or proceedingsinstituted in the United States of America. SECTION IV – DEDUCTIBLE 1. The Deductible amount stated in the Declarations or

in an applicable Endorsement in effect at the time the claim is first made and reported, shall be paid by the insured and shall be applicable to each claim andshall include claim expenses and damages.

2. The Deductible amount is a part of, and not in addition

to the amounts shown in SECTION VIll – LIMITS OF LIABILITY. The Deductible reduces the Company'slimits of liability amount that can be paid under thispolicy.

3. The Deductible amount applies separately to each

claim and applies to both claim expenses and damages.

4. Failure of the insured to remit the Deductible within

10 days of the insured's receipt of our writtendemand, shall, at the option of the Company shalldisqualify the named insured from being able toexercise the option to purchase an ExtendedReporting Period Endorsement.

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SECTION V – DEFENSE PROVISIONS 1. Subject to the insured's compliance with the terms of

the policy, we have the right and the duty to defendthe insured against any covered claim that isproperly reported even if such claim is groundless,false or fraudulent.

2. We have the exclusive right to appoint counsel to

defend the insured. Any counsel retained by the insured will be at the sole expense of the insured.

3. Our right and duty to defend end when the applicable

limit of liability described in SECTION VIll – LIMITSOF LIABILITY has been exhausted by payment of damages or claim expenses or by any combinationof both.

4. Once the limit of liability is exhausted, we will tender

control of the defense of any claim to the named insured. The named insured agrees to accept suchtender of the defense as a condition precedent toissuance of this policy.

5. Once the defense is tendered to the named insured,

the named insured will thereafter be responsible forpayment of all further damages and claim expenses,including, but not limited to, court cost, jury fees, anddefense attorney fees. If the named insured choosesto be represented by a different attorney from thatwhom we originally assigned, it is a conditionprecedent to the issuance of this policy that the named insured agrees not to attempt to impede orprohibit the originally assigned attorney fromwithdrawing from their representation.

6. We have no duty to defend any claim not covered by

this policy. SECTION VI – SETTLEMENT PROVISIONS 1. We may investigate, solicit settlement offers and pay

damages to settle any claim at our sole discretion, aswe deem appropriate.

2. We may appeal any judgment against the insured forany claim covered under this policy at our solediscretion.

3. As a condition precedent to issuance of this policy,the insured consents to the Company reporting anyclaim settlement, including factual details, to anyprofessional or state agency pursuant to law orregulation.

SECTION VIl – WHO IS AN INSURED Each of the following is an insured under the policy: 1. the named insured(s); 2. the heirs, executors, administrators and legal

representatives of each insured in the event of death,incapacity or bankruptcy, but only as respects liabilityarising out of professional services rendered prior tosuch insured's death, incapacity or bankruptcy;

3. Any lawyer or incorporated individual who is, at the

time of the inception of this policy period, a partner,officer, director, stockholder or employee of the named insured, but only with respect to professional services performed on behalf of the named insured;

4. Any lawyer, acquired entity or incorporated individual

that, during the policy period, becomes a partner,officer, director, stockholder or employee of the named insured, but only with respect to professional services performed on behalf of the named insured, and as respects an acquired entity,written notice must be provided to the Company withinthirty (30) days of such acquisition together with suchinformation as the Company may request and anyadditional premium that may be required to providecoverage to such entity;

5. Any lawyer or incorporated individual who, prior to the

policy period, was a partner, officer, director,stockholder or employee of the named insured, butonly with respect to professional services performedon behalf of the named insured after the retroactivedate shown on the Declarations;

6. Any lawyer or incorporated individual who has retired

from the practice of law, and who was a partner,officer, director, stockholder or employee of the named insured, but only with respect to professional services performed on behalf of the named insured after the retroactive date shown inthe Declarations and prior to the date of retirementfrom the named insured;

7. Any lawyer or incorporated individual who is or was

acting as "of Counsel,” or any past or presentemployee of the named insured, but only withrespect to professional services performed onbehalf of the named insured after the retroactivedate shown in the Declarations;

8. Any non-lawyer who is a current or former employee

of the named insured, but only with respect to professional services performed on behalf of the named insured after the retroactive date shown inthe Declarations.

SECTION VIll – LIMITS OF LIABILITY 1. Insured(s) – Shared Limits

The "Per Claim – Limit of Liability” and the "AnnualAggregate – Limit of Liability," shown in theDeclarations, shall apply for all covered claims underthis policy, regardless of the number of insureds,additional insureds or persons entitled to coverageas insureds under this policy at the time a claim isreported to the Company.

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2. Per Claim – Limit of Liability

The “Per Claim – Limit of Liability” specified in theDeclarations, or in an applicable Endorsement ineffect at the time the claim is first reported to theCompany, is the maximum amount, less theDeductible, we will pay for claim expenses anddamages for each claim first made and reportedduring the policy period or, if applicable, during theExtended Reporting Period.

The "Per Claim – Limit of Liability" shall apply asfollows:

a. Two or more claims arising out of the same or

interrelated professional services by one ormore insureds shall be considered a single claim, regardless of the number of claimants orlitigants; or of claims, lawsuits, legal oradministrative proceedings. All claims aresubject to the "Per Claim – Limit of Liability" ineffect at the time such claims are first made,even if any interrelated professional services giving rise to such claims extend over multiple policy periods.

b. All such claims described in paragraph 1. above,

whenever made and reported, shall be deemedfirst made and reported within the policy period or Extended Reporting Period (if applicable) inwhich the earliest claim is first reported to theCompany, and all such claims shall be subject tothe limit of liability in effect during such policy period.

c. All damages arising out of professional services

rendered to a client will be considered a single claim and only one "Per Claim – Limit of Liability”shall apply, regardless of:

(1) The nature or number of causes of action

asserted; or (2) The number or nature of professional

services rendered and the period of timeover which they were rendered.

3. Annual Aggregate – Limit of Liability

Subject to the "Per Claim – Limit of Liability, our limitof liability for all claims shall not exceed the amountstated in the Declarations, or in an applicableEndorsement in effect at the time the claim is firstreported to the Company as “Annual Aggregate –Limit of Liability.” This “Annual Aggregate – Limit ofLiability” is the maximum amount, less the Deductible,for claim expenses and damages that we will pay forall claims first made and reported or deemed madeand reported during the policy period or if applicable,during the Extended Reporting Period under SECTION XII – EXTENDED REPORTING PERIOD. Once the "Annual Aggregate – Limit of Liability” hasbeen exhausted, the Company will not defend any claims or pay claim expenses or damages for any

claims.

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4. Per Claim and Annual Aggregate Limits

The "Per Claim" and "Annual Aggregate" limits ofliability are not cumulative, even if interrelated professional services extend over more than one policy period.

5. Claim Expenses

Claim expenses incurred by the Company are a partof and not in addition to the applicable limit of liability,less any deductible amount.

6. Non-Stacking of Limits

If any claim reported under this policy is also coveredby one or more other primary insurance policies orcertificates of insurance issued by the Company, or byany other affiliated company or any successorcompany, issued to any insured, or to any personwho controls, is controlled by or affiliated by commoncontrol with said insured, then with respect to such claim:

a. the Company shall not be liable under this policy

for a greater proportion of the loss than theapplicable limit of liability under this policy bearsto the total limits of liability of all such policies,and

b. The maximum amount payable under all such

policies shall not exceed the limit of liability of thatpolicy which has the highest limit of liability.

SECTION IX – EXCLUSIONS This policy does not apply, and the Company shall not beobligated to defend, pay on behalf of or indemnify the insured, with respect to: 1. Antitrust – any claim or damages arising out of an

insured's actual or alleged: unfair trade and businesspractices; restraint of trade; conspiracy to do anyunlawful or tortious act; abuse of process; slander andlibel; interference with any contract; statements oracts which violate state and/or federal antitrust laws;unfair competition; even if such activities are relatedto professional services.

2. Assumed Liability/Contract(s) – any claim arisingfrom an obligation to pay damages by reason ofassumption of liability in any contract or agreement. This exclusion does not apply to liability for damagesthat the insured would have in the absence of thecontract or agreement.

3. Bodily Injury/Property Damage – any claim based

on or arising out of bodily injury, sickness, diseaseor death of any person, including but not limited toresulting mental or emotional distress, or the injury toor destruction of any tangible property including lossof use of such property.

4. Criminal/Willful Act(s) – any claim or damagesarising out of any dishonest, fraudulent, criminal ordeliberately wrongful acts committed by or at thedirection or ratification of the insured. Also, thispolicy does not cover any claim or damages for:

a. Criminal fines or penalties; b. Criminal charges or indictments; c. Any bail bond; d. Criminal investigations; or e. Criminal proceedings of any kind.

5. Disciplinary Proceeding(s) – any disciplinary

proceeding before any state licensing board or othersimilar entity; and we have no duty or obligation topay any fines, penalties, or other costs assessedagainst the insured arising out of any disciplinaryproceeding before any state licensing board or othersimilar entity.

6. Discrimination – any claim or damages based

upon, alleging or arising out of discrimination of anykind by an insured, including but not limited todiscrimination due to or on the basis of race; color;creed; national origin; age; sex; physical or otherdisability; HIV or AIDS status; pregnancy status;marital status; gender; or sexual orientation.

7. Disputes – any claim or damages by any present,

former or prospective employee, partner, officer,director, stockholder, or insured under this policyagainst any other insured under this policy.

8. Employee Disputes – any claim or damages based

upon or arising out of any employment dispute, bodilyinjury or property damage, concerning anyemployee of the insured.

9. Employment Practice Liability – any claim or damages arising out the insured's refusal to employ,wrongful hiring, wrongful termination of employmentor employment practice of any kind and for anyreason, including but not limited to: race; color; creed;national origin; age, sex, physical or other disability;HIV or AIDS status, pregnancy status; marital status;gender; or sexual orientation. This includes creation ofa work environment that is intimidating, hostile oroffensive.

10. Fee Disputes – any claim or damages arising out ofor involving fee disputes for professional services rendered and any claim based on or arising out of theinsured's initiation or filing of a lawsuit against aclient for collection of legal fees.

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11. Guarantee of Results – any claim or damagesarising out of or involving any guarantee of particularresults or outcome of professional servicesrendered by the insured.

12. Independent Contractors – any claim or damages

arising out of the acts or omissions of any lawyerunder contract with the insured unless such person isspecifically named as an insured in the Declarationsor in an Endorsement attached to the policy. However, the named insured and all other insuredsshall have coverage for claims brought against the named insured or any other insured for actual oralleged errors, omissions or personal andadvertising injury arising out of professionalservices actually or allegedly committed by thelawyer under contract.

13. Injunctive Relief – any claim for equitable relief,

injunctive relief, declarative relief or any other relief. 14. Known Loss – any claim or damages:

a. For which proceedings were initiated against any insured before the initial effective date of the policy period of the first lawyers professionalliability policy that we issue to the named insured;

b. Reported in the Application for this policy; c. Reported to any other insurance company before

the initial effective date of the policy period ofthe first lawyers professional liability policy thatwe issue to the named insured;

d. Reported to any other source from which

payment might be made before the initialeffective date of the policy period of the firstlawyers professional liability policy that we issueto the named insured;

e. Of which the named insured had knowledge of

facts or circumstances that would cause areasonable person to believe a claim would bemade before the initial effective date of the policyperiod of the first lawyers professional liabilitypolicy that we issue to the named insured; or

f. Arising out of professional services rendered

prior to the retroactive date specified for the named insured.

15. Laws – any claim or damages arising out of the insured's actual or alleged violation of:

a. any workers compensation, disability benefits or

unemployment compensation law, social security,or any similar law;

b. Employees' Retirement Income Security Act of

1974, Public Law 93-406, (E.R.I.S.A.) asamended. This includes fiduciary liability orliability arising out of the administration of anyemployee benefit plan; or

c. The Fair Labor Standards Act, the National Labor

Relations Act of 1938, the Worker Adjustmentand Retraining Notification Act (Public Law10037991988), the Consolidated OmnibusBudget Reconciliation Act of 1985, or theOccupational Safety and Health Act;

d. The Securities Act of 1933, the Securities Act of

1934, the Trust Indenture Act of 1939, theInvestment Company Act of 1940, the InvestmentAdvisers Act of 1940, and any similar statestatute;

e. The Racketeer Influenced and Corrupt

Organizations Act of 1970 (commonly known asRICO), Title 18 U.S.C. Section 1960, et seq., orany similar federal or state statute or law;

This exclusion also applies to any rules or regulationspromulgated under any of the foregoing, amendmentsthereto or any similar provisions of any federal, stateor local laws.

16. Licensure – any claim or damages arising out of

professional services which occur while the insured's professional license to practice law isinactive, under suspension, has been revoked,surrendered or otherwise has been terminated.

17. Narcotics/Intoxicants – any claim or damages

arising from professional services rendered whilethe insured is under the influence of any type ofalcohol, narcotic, hallucinogenic agent or any othertype of intoxicant.

18. Nuclear – any claim or damages related to or arising

from the hazardous properties of any nuclear materialor in connection with any nuclear facility, howevercaused.

19. Personal and Advertising Injury – any claim or

damages from personal and advertising injury:

a. Caused by or at the direction of the insured withthe knowledge that the act would violate therights of another and would inflict personal andadvertising injury;

b. Arising out of a failure of performance of contract,

service mark or trade name other than titles or

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slogans, by use thereof on or in connection withgoods, products or services sold, offered for saleor described in advertising; or any knowinglyincorrect description or mistake in an advertisement of goods, products or servicessold or offered for sale.

20. Pollutants – any claim, demand or damages relating

to or arising out of:

a. Any accidental or intentional discharge, dispersal,release, escape, or seepage, ofany hazardous substances, toxic substances,wastes or pollutants; or

b. Any error or omission committed or alleged to

have been committed by the insured which inany manner relates to or arises out of the actual,alleged or threatened discharge, dispersal,release, escape, or seepage, of any hazardoussubstances, toxic substances, wastes or pollutants, except for actual or alleged acts,errors or omissions arising out of professionalservices rendered for others in the insured's capacity as a lawyer, title agent or notary public.

21. Products/General Liability – any claim or damages

arising out of circumstances which would normally becovered under a policy of general liability or productsliability.

22. Proprietor/Directors and Officers – any claim for

damages brought against an insured as a proprietor,owner, shareholder, partner, investor, joint venturer,officer, director, administrator, committee member,superintendent, or executive officer of any soleproprietorship, partnership, corporation or otherbusiness enterprise which is not defined as a named insured. This exclusion applies whether or not alawyer-client relationship exists between the insured and such person or legal entity.

23. Punitive/Exemplary Damages – any:

a. Punitive or exemplary damages, b. Civil fines or penalties, c. Criminal fines or penalties, d. Administrative or other fines or penalties, e. Sanctions, f. Any portion of any judgment, award or verdict

that represents a multiple of compensatoryamounts.

24. Equity Interest – any claim arising out of any

negligent act, error, omission or personal andadvertising injury in the rendering of or failure torender professional services for any organization,corporation, company, partnership or operation (otherthan the named insured) while any insured or their

spouse has an equity position of more than fivepercent (5%) in such entity.

25. Notarization – any claim based on or arising out of

the notarization of a signature without the physicalappearance of the signatory before the insured.

26. Unfair Advantage – any claims based upon or

arising out of the gaining of a profit or advantage towhich the insured was not legally entitled.

27. Office Sharing – any claim based upon or arising out

of actual or alleged acts, errors, omissions or personal and advertising injury of any person orlegal entity with whom an insured shares commonoffice space and who is not listed as an insured under this policy. This exclusion does not apply to claims made against the insured which would havebeen covered in the absence of this exclusion.

28. Public Officials – any claim based upon or arisingout of any insured's capacity as an elected publicofficial or as an employee of a governmental body,subdivision or agency. This exclusion applieswhether or not a lawyer-client relationship existsbetween the insured and such person or legal entity.

29. Investment Advice – any claim based on or arising

out of the rendering of specific investment advice byany insured in connection with the purchase or saleof any investment or property including, but not limitedto securities, real property, syndications, limitedpartnerships, commodities or franchises; or to anyclaims based on or arising out of any insured's services or capacity as a securities broker, dealer,financial planner, investment advisor, accountant, realestate broker or real estate agent.

SECTION X – DEFINITIONS 1. "Advertisement" means a notice that is broadcast or

published to the general public or specific marketsegments about your goods, products or services forthe purpose of attracting customers or supporters.

2. "Bodily Injury" means bodily injury, sickness or

disease sustained by a person, including loss ofservices or death.

3. "Claim" means a written demand for money upon the

insured from a third party which alleges an error,omission or personal and advertising injury as aresult of professional services rendered by the insured.

Claim includes the service of suit or receipt of writtennotice of a legal proceeding, civil proceeding,arbitration proceeding or any other alternative disputeresolution proceeding seeking damages arising out ofan error, omission or personal and advertisinginjury to which this insurance applies.

A claim shall be considered to have been first madeat the time it is reported to us in writing.

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4. "Claim Expenses" means all attorney fees, costsand expenses incurred by us in the investigation,discovery, adjustment, defense, arbitration, settlementor appeal of any covered claim.

The Company's determination as to thereasonableness of claim expenses shall beconclusive. Claim expenses include:

a. Prejudgment interest awarded against the

insured on that part of the judgment covered bythis policy;

b. Interest on that part of the judgment, covered by

this policy, after the entry of the judgment andbefore we have paid, offered to pay, or depositedin court that part of the judgment that is within ourLimits of Insurance described in Section VIll –Limits of Liability.

c. The cost of a jury bond or an appeal bond

required in the defense of a claim to which thisinsurance applies.

Claim expenses do not include:

a. Civil fines or penalties; b. Criminal fines or penalties; c. Administrative or other fines or penalties; d. Sanctions; e. Any portion of any judgment, award or verdict

that represents a multiple of the compensatoryamounts;

f. Punitive or exemplary damages; or g. Salaries and expenses of our employees, you,

your employees, or of any insured. 5. "Damages" means sums that the insured becomes

legally obligated to pay. Damages do not include:

a. Sanctions, fines or penalties; b. Payment for professional services, including

refund of fees, withdrawal or reduction of feespaid to the insured;

c. Punitive damages, exemplary damages or

damages representing a multiple ofcompensatory amounts; or

d. Claim expenses.

6. "Insured" means any person qualifying as such

under SECTION VIl – WHO IS AN INSURED.

7. "Insured's Profession" means those professionalservices usual and customary to the insured's practice of law, unless otherwise restricted or modifiedby Endorsement attached to this policy.

8. "Material Misrepresentation" means information

deemed by the Company to be so relevant to the riskfor which the policy was issued that the Companywould not have issued the policy had such informationbeen disclosed on the Application or RenewalApplication for this insurance policy.

9. "Named insured(s)" means the person providing

professional services named in the Declarationsand any Predecessor in Business.

10. “Personal and advertising injury" means injury

arising out of one or more of the following offenses:

a. False arrest, detention or imprisonment; b. The wrongful eviction from, wrongful entry into, or

invasion of the right of private occupancy of aroom, dwelling or premises that a personoccupies, committed by or on behalf of its owner,landlord or lessor;

c. Oral or written publication of material that

slanders or libels a person or organization ordisparages a person's or organization's goods,products or services;

d. Oral or written publication of material that violates

a person's right of privacy; e. The use of another's advertising idea in your

advertisement; or f. Infringing upon another's copyright, trade dress

or slogan in your advertisement. Personal injury does not include maliciousprosecution or abuse of process.

11. "Policy Period" means the period beginning at 12:01

A.M. Standard Time on the inception date of coveragespecified in the Declarations, issued to the named insured, to 12:01 A.M. Standard Time on theexpiration date specified in the Declarations, unlessthe policy is terminated at an earlier date.

12. "Pollutants" means any solid, liquid or gaseous,

thermal or electromagnetic irritant or contaminant,including smoke, vapor, soot, fumes, acids, alkalis,chemicals, biohazardous, biomedical and otherwastes. Wastes also include materials to be recycled,reconditioned or reclaimed.

13. "Predecessor in Business" means any law firm

which has undergone a material change and some orall of such firm's principals, owners, officers orpartners have joined the named insured, providedsuch persons were responsible for producing inexcess of fifty percent (50%) of the prior firm's annual

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gross billings, such billings have been assigned ortransferred to the named insured and in excess offifty percent (50%) of the prior firm's financialassets/liabilities have been assigned or transferred tothe named insured.

14. "Professional Services" means the rendering of

services to others in a lawyer-client relationship withinthe insured's capacity as a lawyer, title agent ornotary public.

15. "Property Damage" means physical injury to, or

destruction of, tangible property, including all resultingloss of use of that property.

16. "Retroactive Date" means the date stated in the

Declarations that is either:

a. a date concurrent with the effective date of thepolicy; or

b. a particular date other than the effective date ofthe policy as stated on the Declarations page.

SECTION XI – CONDITIONS 1. Action Against Company

No action shall lie against the Company unless thereshall have been full compliance with all of the terms ofthe this policy, nor until the amount of the insured's obligation to pay damages shall have been finallydetermined either by judgment against the insured after actual trial and appeal, or by written agreementof the insured, the claimant and the Company. Nothing contained in this policy shall give any personor organization any right to join the Company as aco-defendant in any action against the insured todetermine the insured's liability.

2. Authorization of Named Insured

The named insured shown in the Declarations of thispolicy shall be the authorized agent of all insureds with respect to any notice required under the terms ofthe policy, including but not limited to notices relatingto premium due, policy issuance, any changes in thepolicy, renewal premium notices, Endorsements to thepolicy, cancellation, non-renewal and unearnedpremium refunds.

3. Assessability

This policy is non-assessable. 4. Assignment

The interest of the named insured under this policycannot be transferred or assigned without the writtenconsent of the Company.

5. Bankruptcy Or Insolvency

Bankruptcy or insolvency of the named insured orthe named insured's estate shall not relieve theCompany of any of its obligations; however theCompany's Limit of Liability to pay damages or claimexpenses will be reduced by any deductible amountuncollectible due to such bankruptcy or insolvency.

6. Cancellation/Non-Renewal

a. Cancellation – Named Insured's Request

You may cancel all coverage under the policy atany time, by giving ten (10) days advance writtennotice to the Company. Such written notice mustspecify the date that cancellation is requested.Note – All coverage will end at 12:01 A.M.Standard Time, at the named insured's addressreferenced in the Declarations, on thecancellation date. Unearned premium will berefunded to the named insured, within areasonable period of time, in accordance with thecustomary short rate table and procedure, subjectto the retention by the Company of any minimumearned premium stated in the Declarations.

b. Cancellation – Company's Request

The Company may terminate coverage under thispolicy by mailing advance written notice to thelast known address of the named insured, stating the Company's intent to cancel the policynot less than thirty (30) days prior to thecancellation date unless such cancellation is dueto non-payment of premium, in which case thepolicy may be cancelled as of the inception date.Such notice shall include the cancellation date ofthe policy and the reason for termination. Anyunearned premium, if any, will be refunded to the named insured, within a reasonable period oftime, in accordance with the customary pro ratatables and procedures, subject to the retention bythe Company of any minimum earned premiumstated in the Declarations.

c. Non-Renewal

The Company will renew this policy unless writtennotice of the Company's intent not to renew ismailed to the named insured not less than thirty(30) days before the policy expires.

d. Non-Payment of the Renewal Premium

The policy's renewal premium is due and payablein advance, on or before the policy's renewaldate. Non-payment of the premium owed, on orbefore the renewal date, shall be deemedcancellation by the named insured effective atthe end of the policy period.

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e. Authorization to apply any premium refund tounpaid Deductible(s)

As a condition precedent to issuance of thepolicy, the named insured consents to theCompany applying any unearned premium refundtowards any outstanding unpaid Deductible(s),due to the Company under the terms of thispolicy. In this eventuality, within a reasonableperiod of time, the Company shall provide the named insured with a detailed explanation of thetransaction and shall refund the named insured with any unearned premium in excess of theunpaid Deductible(s) within a reasonable periodof time.

7. Changes In Insured's Practice or Licensure

The named insured shall immediately notify theCompany:

a. If any insured's license to practice is restricted inany way, suspended, revoked, or otherwiseterminated;

b. Of any material changes in specialty or practice

as described in your Application for this policy.Failure to immediately notify the Company willdisqualify the named insured from being able toexercise the option to purchase an ExtendedReporting Period Endorsement.

8. Changes In The Policy

The terms of this policy cannot be changed or waivedexcept by written Endorsement issued to form a partof the policy by the Company. Any terms of the policywhich are in conflict with the statutes of the statewherein this policy is issued are hereby amended toconform to such statutes.

9. Declarations And Application

By acceptance of this policy, the named insuredacknowledges that all statements in the Application(s)are its representations, that they shall be deemedmaterial, and that this policy is issued in reliance uponthe truth of such representations. Furthermore, the named insured agrees that the Declarations and thispolicy embody all agreements existing between thenamed insured and the Company, or any of its agentsor brokers relating to this insurance.

10. Inspection And Audit

The Company at its sole discretion may examine andaudit the insured's books and records, at any time,which are in any way related to this policy or a claim filed thereunder.

11. Named Insured’s Duties In The Event Of A Claim:

a. Notice of Claim – If a claim covered by thispolicy is made against the insured, the insured

shall deliver to the Company within ten (10) daysafter the date of receipt of the claim, everydemand, notice, notice of intent to sue,summons, complaint and/or other documents the insured or the insured's representative receivesrelating to the claim.

b. Cooperation –The insured must cooperate and

assist the Company and the appointed defensecounsel in the investigation and defense; andshall, upon request, submit to examination andinterrogation by a representative of the Company,under oath if required, attend hearings,depositions and trials, assist in effecting anysettlement, securing and giving evidence, andobtaining the attendance of witnesses, all withoutcharge to the Company.

The insured shall further cooperate with theCompany to do whatever is necessary to secureand effect any rights of indemnity, contribution orapportionment that the insured may have. Anyfailure of the insured to cooperate that prejudicesour ability to defend any claim, shall void thispolicy, nullify coverage and will disqualify the insured from being eligible to exercise the optionto purchase an Extended Reporting Period.

c. No insured shall, except at their own expense,

make any payment, admit any liability, agree toany settlement of a claim, incur any expenses orassume any obligations without our writtenconsent.

d. The insured will consent to the submission of

special verdict forms or other written inquiries tothe trier of fact for the purpose of determining thebasis for the insured's liability and any damagesawarded (if any), if suit or any other proceeding isbrought on the claim.

12. Other Insurance

If there is other valid insurance, whether primary,excess, contingent or self-insurance, which may applyagainst a claim covered by this policy, the insuranceprovided hereunder shall be deemed excessinsurance over and above the applicable limit of allother insurance or self-insurance. This policy iswritten as specifically excess of coverage availableunder any Extended Reporting Period, OptionalExtended Reporting Period and Automatic ExtendedReporting Period or similar period in any priorpolicy(ies). When this insurance is excess, the Company shallhave no duty under this policy to defend any claimthat any other insurer or self-insurer has a duty todefend. If such other insurer or self-insurer refuses todefend such claim, the Company shall be entitled tothe named insured's rights against all such otherinsurers or self-insurers for any claim expenses incurred by the Company.

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13. Premium

All premiums and other charges shall be computed inaccordance with the Company's rules, rates, ratingplan, minimum premiums and individual riskconsiderations.

14. Reimbursement

While the Company has no duty to do so, if theCompany pays damages or claims expenses:

a. Within the amount of the applicable Deductible, or b. In excess of the applicable Limit of Liability;

the named insured shall be jointly and severallyliable to the Company for such amounts. Upon writtendemand, each insured shall repay such amounts tothe Company within ten (10) days thereof.

15. Subrogation

In the event of any payment under this policy, theCompany shall be subrogated to all the insured's rights of recovery for such loss against any person orentity other than an employee of any insured. The insured shall execute and deliver instruments orpapers and do whatever else is necessary to securesuch rights. The insured shall do nothing after the claim to waive or prejudice such rights.

SECTION XII – EXTENDED REPORTING PERIOD An optional Extended Reporting Period is available in theevent: 1. Of cancellation or non-renewal of this policy by the

named insured or the Company for any reason otherthan:

a. Flat cancellation by the Company effective at

policy inception for non-payment of premium; b. Failure to comply with policy provisions; c. Non-payment of the Deductible; d. Failure to cooperate with us; or e. Fraud, concealment or material

misrepresent-tation of facts in the Application orRenewal Application for this policy or any renewalpolicy for this insurance; or

2. The Company advances a retroactive date from one

previously applied by the Company. The named insured, upon full payment of an additionalpremium calculated at that percentage shown in theDeclarations of the full annual premium shown on theDeclarations shall have the option to extend the time

during which claims can be reported, subject to the termsand conditions of this policy or Endorsements attachedthereto. This Extended Reporting Period applies to claims first made against the named insured during twelve (12)or thirty six (36) calendar months following immediatelyupon the effective date of such cancellation ornon-renewal, but only for professional services performed subsequent to the retroactive date and prior tothe effective date of such cancellation or non-renewal, andwhich is otherwise covered by this policy. The right to purchase the Extended Reporting Period shallterminate thirty (30) days after such cancellation ornon-renewal unless written notice of such election,together with the additional premium, is received by theCompany or its authorized representative within that thirty(30) day period.

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As a condition precedent to the named insured's right topurchase the Extended Reporting Period, the full premiumof this policy and any Deductible amounts that are duemust have been paid. The fact that the period during which claims must be firstmade against the named insured under this policy isextended by virtue of the Extended Reporting Period shallnot in any way increase the limit of liability of this policy.The limit of liability available under the Extended ReportingPeriod shall be part of, and not in addition to, the limit ofliability available under the last policy or renewal issued tothe named insured. The quotation of a different premium, Deductible or limit ofliability for renewal does not constitute a cancellation orrefusal to renew for the purpose of this provision.

IL 00 21 09 08


IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT

(Broad Form) This endorsement modifies insurance provided under the following:

COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY

1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury"

or "property damage": (1) With respect to which an "insured" under

the policy is also an insured under a nu-clear energy liability policy issued by Nu-clear Energy Liability Insurance Associa-tion, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Associa-tion of Canada or any of their successors, or would be an insured under any such pol-icy but for its termination upon exhaustion of its limit of liability; or

(2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re-quired to maintain financial protection pur-suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in-sured" 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 organi-zation.

B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in-jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op-eration of a "nuclear facility" by any person or organization.

C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard-ous properties" of "nuclear material", if:

(1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be-half of, an "insured" or (b) has been dis-charged or dispersed therefrom;

(2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos-sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or

(3) The "bodily injury" or "property damage" 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 "nu-clear facility", but if such facility is located within the United States of America, its terri-tories or possessions or Canada, this ex-clusion (3) applies only to "property dam-age" to such "nuclear facility" and any property thereat.

2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "spe-cial nuclear material" or "by-product material".

of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08

"Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com-ponent, solid or liquid, which has been used or ex-posed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra-tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or-ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nu-clear facility". "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 packag-ing "waste";

(c) Any equipment or device used for the proc-essing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto-nium or uranium 233 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 for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioac-tive contamination of property.

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