Page 45 - PI_DGS

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lightning, explosion, aircraft or vehicle impact, falling objects, windstorm, hail,
tornado, cyclone, hurricane, earthquake, volcano, tsunami, flood, freeze or weight
of snow, then this clause shall not prevent the aggregation of losses if otherwise
permitted under the terms of this Contract if they are caused by any such peril(s).
Institute Radioactive Contamination, Chemical, Biological, Bio-Chemical and
electromagnetic Weapons Exclusion Clause (Clause 370, 10/11/2003)
This clause shall be paramount and shall override anything contained in this insur-
ance inconsistent therewith.
In no case shall this insurance cover loss damage liability or expense directly or
indirectly caused by or contributed to by or arising from:
Ionising radiations from or contamination by radioactivity from any nuclear fuel or
from any nuclear waste or from the combustion of nuclear fuel.
Radioactive, toxic, explosive or other hazardous or contaminating properties or any
nuclear installation, reactor or other nuclear assembly or nuclear component
thereof.
Any weapon or device employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter.
The radioactive, toxic, explosive or other hazardous or contaminating properties of
any radioactive matter. The exclusion in this sub clause does not extend to radioac-
tive isotopes, other than nuclear fuel, when such isotopes are being prepared, car-
ried, stored or used for commercial, agricultural, medical, scientific or other similar
peaceful purposes.
Any chemical, biological, bio-chemical, or electromagnetic weapon.
Asbestos Exclusion Clause (Total Asbestos Exclusion)
In consideration of the premium charged for this reinsurance, it is hereby under-
stood and agreed that this contract shall not apply to and does not cover any actual
or alleged liability whatsoever for any claim or claims in respect of loss or losses
directly or indirectly arising out of, resulting from or in consequence of, or in any
way involving asbestos, or any materials containing asbestos in whatever form or
quantity.
Infectious Disease Clause
Insofar as liability is incurred by the Reinsured under a Marine Liability Policy or P&S
Policy/Entry in respect of legal and/or general and/or employers liability for physical
impairment, disability, illness, injury or death attributable to infectious disease, this
reinsurance shall provide cover on the basis that the entirety of claims in respect
of crew, passengers and/or other persons on boards of any one vessel or any one
voyage affected by this disease shall be considered as one event for the purpose of
recovers hereunder.
Occupational Disease/Cumulative Injury Clause
The provisions of this clause shall override any provisions of any other clause con-
tained herein to the extent that they may conflict with claims for Occupational Dis-
ease and Cumulative Injury as defined herein but not otherwise.
Insofar as liability is incurred by the REINSURED under a Marine Liability Policy or
P&I Policy/Entry in respect of legal and/or general and/or employer’s liability for
Occupational Disease or Cumulative Injury as defined this treaty shall provide cover
only of the following basis.
Where the Occupational Disease or Cumulative Injury results from exposure to a haz-
ard of the employment of the claimant, any one claim in respect of any one employee
of an original insured or any one-third party arising out of this exposure shall be
considered individually as one event for the purpose of recovery hereunder.
Occupational Disease is any medical condition that fulfils all of the following
conditions:
It is not traceable to a definite compensable accident occurring during present or
past employment;
It has been caused by exposure to a disease producing agent or agents present in
the work environment;
It has resulted in physical impairment, disability, illness, injury or death.
Cumulative Injury is any medical condition that fulfils all of the following condi-
tions:
It is not traceable to a definite compensable accident occurring during present or
past employment;
It has occurred from a repetitive employment related activity;
It has resulted in physical impairment disability, illness, injury or death.
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