NMA1975(A) -10/3/94• NUCLEAR ENERGY RISKS EXCLUSION CLAUSE
(REINSURANCE) (1194) (WORLDWIDE EXCLUDING U.S.A. AND CANADA)
This agreement shall exclude nuclear energy risks whether such risks are written directly and/or by way of insurance and/or via pools and/or associations.
For all purposes of this agreement nuclear energy risks shall mean all first party and/or third party insurances or reinsurances (other than Workers' Compensation and Employers' Liability) in respect of:
(1) all property, on the site of a nuclear power station: nuclear reactors, reactor buildings and plant and equipment therein on any site other than a nuclear power station.
(2) All property, on any site (including but not limited to the site referred to in (1) above) used or having been used for: (a) the generation of nuclear energy; or (b) the production, use or storage of nuclear material.
(3) Any other property eligible for insurance by the relevant local nuclear insurance pool and/or association but only to the extent of the requirements of that local pool and/or association.
(4) The supply of goods and services to any of the sites, described in (1) to (3) above, unless such insurances or reinsurances shall exclude the perils of irradiation and contamination by nuclear material.
Except as undernoted, nuclear energy risks shall not include:
(1) Any insurance or reinsurance in respect of the construction or erection or installation or replacement or repair or maintenance or decommissioning of property as described in (1) to (3) above (including contractors' plant and equipment) (2) any machinery breakdown or other engineering insurance or reinsurance not coming within the scope of (1) above.
Provided always that such insurance or reinsurance shall exclude the perils or irradiation and contamination by nuclear material. However, the above exemption shall not extend to:
1- The provision of any insurance or reinsurance whatsoever in respect of:
(a) Nuclear material (b) any property in the high radioactivity zone or area of any nuclear installation as from the introduction of nuclear material or – for reactor installations – as from fuel loading or first criticality where so agreed with the relevant local nuclear insurance pool and/or association.
2- The provision of any insurance or reinsurance for the undernoted perils:
- Fire, lighting, explosion – earthquake – aircraft and other aerial devices or articles dropped therefrom; - irradiation and radioactive contamination; - any other peril insured by the relevant local nuclear insurance pool and/or association; in respect of any other property not specified in 1 above which directly involves the production, use or storage of nuclear material as from the introduction of nuclear material into such property.