1. Forms
  2. IL
  3. IL-00-21

What it does

Nuclear liability in the United States is handled by special nuclear pools and federal financial-protection and indemnity arrangements under the Atomic Energy Act of 1954. IL 00 21 keeps ordinary liability policies out of that system. It modifies the Commercial Automobile, Commercial General Liability, Farm, Liquor Liability, Medical Professional, OCP, Pollution, Products/Completed Operations and Railroad Protective coverage parts and the Underground Storage Tank Policy. The insurance does not apply:

  • Under any Liability Coverage, to "bodily injury" or "property damage" where an insured is also insured under a nuclear energy liability policy from the named nuclear pools or their successors, or would be but for exhaustion of its limit.
  • Under any Liability Coverage, to injury or damage from the "hazardous properties" of "nuclear material" where financial protection is required under the Atomic Energy Act, or the insured is entitled to federal indemnity.
  • Under Medical Payments, to expenses from the hazardous properties of nuclear material arising out of operation of a "nuclear facility".
  • Under any Liability Coverage, to injury or damage from nuclear material at a nuclear facility owned or operated by an insured, from "spent fuel" or "waste" handled by an insured, or from services, materials, parts or equipment an insured furnished for a nuclear facility. For U.S. and Canadian facilities, that last item is limited to property damage to the facility itself.

Key definitions

The endorsement defines "hazardous properties" (radioactive, toxic or explosive), "nuclear material", "spent fuel", "waste", "nuclear facility" and "nuclear reactor". Property damage includes all forms of radioactive contamination of property.

Quoting and selling notes

  • This is a standard mandatory endorsement and is not negotiable. It is listed among the forms on nearly every ISO liability policy.
  • Contractors and suppliers serving nuclear plants need the plant's nuclear liability program, and should review contract indemnities.
  • Ask insureds that handle radioactive sources, such as gauges or isotopes, how the exposure is insured, and review it with the underwriter against the endorsement's definitions.