.,X.vember 9th, 1983 Mr. S.F. Roberts, B.A.T. Industries, Windsor House, 50 Victoria Street, London SWIH ONL ENGLAND. S.P.R. REG'[- ()V 1983 Imasco Limited 4 Westmount Square Montrel 1. Canada H3 Z2S8 P.O. Box 6800 Montrdsl. Canada 1,13C 31.4 (514) 937 9111 Cable: eTalimases Telex: 05 24176 Dear Bob: RE. PRODUCTS' LIABILITT With reference to our telephone conversation of November 7th, 1983, this latter'vill confirm our interpretation of Imasco's Liability coverage, as It applies to bodily injuries and more specifically to the diseases of the h,--- body which the insurance industry refers to &.9 health hazards. our Primary Liability Policy No. 6643140, underwritten by Commercial Union, contains an exclusion which clearly states that with respect to Products Liability, the coverage does not apply to claims based upon diseases resulting or alleged having resulted from consumption or use of tobacco products. We refer to Endorsement No. 6 of the policy for the exact wording of the exclusion (Appendix 1). We have been trying for several years to find an Insurer willing to underwrite this exposure. In early 1983, when marking our Umbrella Liability Insurance Renewal, we asked a few Insurers to provide us with quotations. Kansa General Insurance Company was the Only Insurer ready to offer the coverage without the Health Hazard Exclusion. We asked Kansa :Lf ic could provide a higher limit than the $10,000,000. quoted. The Insurer informed us that its reinsurance markecs would provide higher limits only if th1t policy excluded health hazards. Our Umbrella Liability Insurers is aware of the exclusion contained in the primary coverage. Kansa's policy states- The limit of the Company's liability shall be $10,000,000. Single Limit any one occurrence Personal Injury or Property Damage or Advertising Liability or any combination thereof, in excess of: (1) the amount recoverable under the underlying insurance as set out in the attached schedule, or (2) $10,000. ultimate nat loss in respect of each occurrence not covered by, said underlying insurance. Cont.... r\J C__ C__ BAT Industries document for Province of British Columbia 2 November 1999 I ~ e-j E isurer, ~ it ten ':)~ Amer ican Home, $30, OCO, 000 f S 1.), 000, 000. also excludes heal th hazard.5 Eor -:co prod,icts, (Appendix 2 attached hereto) I trust that the above explanations vi.11 be helpful. Yours sincere-ly, P. Turcotte Risk Tnsurance Manager rQ c::) r\3 (-4 LP4 CZ? Cza BAT Industries document for Province of British Columbia 2 November 1999