CM AMUSEMENTS - Laserfiche WebLink

Home Browse Search

SECTION V – DEFINITIONS 1. “Defense expenses” mean payments allocated to a specific claim or “suit” for its investigation, settlement, or defense, including: a.Attorney fees and all other litigation expenses; b.The cost of bonds to release attachments, but only for bond amounts within the applicable Limit of Insurance; c.The approved Claims Organization service expenses or fees; d.All court costs taxed against the insured in the claim or “suit”. However, these payments do not include attorneys’ fees or attorneys’ expenses taxed against the insured; e.Prejudgment interest awarded against the insured on that part of the judgment you pay within the applicable self insured retention; f. All interest on the full amount of any judgment that accrues after entry of the judgment and before you have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable self-insured retention; and g. Any amount under Paragraph A. 2. of SECTION I-COVERAGES. “Defense expenses” do not include normal operating expenses, salaries or expenses of our employees or your employees. 2. “Hazardous properties” includes radioactive, toxic or explosive properties. 3. "First underlying insurance" means the policy listed in the Declarations under the schedule of “underlying insurance” as the "first underlying insurance". 4. "Occurrence" as defined in the “first underlying insurance” applies to this insurance, whether described as an “occurrence”, injury, accident, offense, act, incident, error, omission, event or wrongful act. 5. “Other insurance” means insurance which is available to any insured and covers injury or damage to which this insurance applies, other than: a. “Underlying insurance”; or b. Insurance which is specifically purchased by you to be excess of the insurance afforded by this insurance. 6. “Nuclear facility” means: a.Any nuclear reactor; b.Any equipment or device designed or used for (i) separating the isotopes of uranium or plutonium, (ii) processing or utilizing “spent fuel”, or (iii) handling, processing or packaging “nuclear waste”; c.Any equipment or device used for the processing, fabricating, or alloying of “special nuclear material” if at any time the total amount of such material in the Insured’s custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium 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 storage or disposal of “nuclear 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, 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. 7.“Nuclear material” means “source material”, “special nuclear material” or “by-product material”. 8. “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. EUM 00 522 02 07© Everest Reinsurance Company, 2006Page 7 of 8 Includes copyrighted material of ISO Properties, Inc., used with its permission INSURED COPY