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Home My WebLink AboutC-1423 - Umbrella liability policyS.F. FORM FORM 347 (April 1964) ` LOST POLICY CERTIFICATE AND RELEASE OATEO ATTACHE. TO POLICY NO. NAN! OI INIUMNC[ COMFRNY ANO F°RNINO 4/7/75 PART OF EIUE° TO (IMIVREO'[ NAM[ III CITY OF NEWPORT BEACH " " "' "° " ° ° "[ "' F....1 AT AO[NT PropertyCovered.._....._..._..__...__.._..._...__._.___.._...._.__...._.._.___.___._..__..__._.._.__._.._.._.._..._... __....__-- _.........._----- _.._ Property Located.._ Umbrella ... Liability_.., Ral i-c y ....... ........... — ............ . .......................... _. COMMENCEMENT EXPIRATION EFFECTIVE DATE HOW AMOUNT OF RATE RETURN OF POLICY OF POLICY OF CANCELLATION CANC. INSURANCE PREMIUM PR ❑ 2/1/73 2/1/76 2/1/75 FLAT o Flat at anj liyer4ry In consideration of return premium to be paid as provided in the above policy, the undersigned hereby surrenders all rights under said policy, declares the same to be null and void from the effective date of cancellation set forth above, and releases said Insurer from any and all liability thereunder. The undersigned hereby certifies that the policy is lost and cannot, after diligent search, be found; and agrees that in the event it is found, the undersigned will forthwith return it to the Insurer. The undersigned further certifies that he has not assigned or trans- ferred said policy or any rights thereunder to any party not named in this certificate. X._..... .. _..... .. Q .NAT. [ 1 [ .., .......__.��.. �... .._....._ ... ._......... ......................... ............................... I All claim under the above policy is hereby waived. ........._..._... _.. ..... _..._ N IT N[!! .........._ ........ ............_._..........._ 347 April 1964 i 1 0. CITY OF NEWPORT BEACH FROM: City Cleric SUBJECT: Contract No. 1423U CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE February 7, 1972 Description of Contract Umbrella Liability Policy Authorized by Resolution No. 7615 , adopted on 1 -31 -72 Effective date of Contract 2 -1 -72 thru 4 -1 -72 Contract with Midland Insurance Cmpmy, New York Address Agent: Hull and Cmymm (California) Inc. P. 0. Box 11502, `mta Ana Amount of Contract See attached. sty le c ENDORSEMENT . Additional Premium $150. Effective Date June 17, 1974 In consideration of the above additional premium, it is agreed that Newport Mesa Unified School District is added as an additional Named Insured but only as respects four school buses used by the City of Newport Beach for bus service during the period 6/17/74 to 9/6/74. Attached to and made a part of Policy No. 1112171171714 of MIDLAND INSURANCE COMPANY issued to The Citr.af Npw: nrt Raanh -- Countersigned: At: Los Angeles , Cal i fnrni a Date July 23, 1,.,974 Karl E. Died, Secretary zJ---'--P-. Craig, Prasidenl UNO. No. a5 ORIGINAL Endorsement No. 5 • ENDOR- SEMENT 0 Effec'ive Date June 17, 1974 Additional Premium $150. In consideration of the above additional premium, it is agreed that Newport Mesa Unified School District is added as an additional Named Insured but only as respects four school buses used by the City of Newport Beach for bus service during the period 6/17/74 to 9/6/74. Attached to and made a part of Policy No. l i�� an 7rvovav oT of MIDLAND INSURANCE COMPANY , issued to The city e€ Newport Beach - - -- Countersigned: At: fixes Angeles, CaL €olmia Date Uly 11 ,1974 — -- r 1� ... ...............:... ........................... Karl E. Died, $ecrelery James P. Craig, President Endorsement No. 5 Authwtxed Represan larWs UN D. No, 45 PRODUCER ,� .; .. i �/ ,.� . S V Z > �,` r � . � 1 � -1 C J. � .... `.¢ sue. i\ - 1 � —1 �. /.... D 'S � `� ' /�� r\ , i�\ J ISSUED 81 ONR EMALF OF INSURANCE COMPANY OF PACIFIC COAST INSURANCE COMPANY Name of Insured and address. CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA MILUM /GARVEY Name and address for whom Certificate of Insurance Is NEWPORT MESA UNIFIED SCHOOL DISTRICT 1601 -16.th Stneet NEWPORT BEACH, CALIFORNIA This is to certify that the Company designated above has issued to the Insured named herein the policies . listed below and such policies apply with respect to ',no hazards and for the coverages and limits of liabil. ity Indicated by specific entry herein, subject to all the terms, conditions and exclusions in such policies. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE COVERAGES AND LIMITS OF LIAEILITY Bodily Injury Liability Property Damage Liability each person each occurrence each occurrence aggregate General Liability — Premises — Operations 1 1 • ,000 $ ,000 $ ,CW i $ ,0001 ` Elevators $ ,000 $ ,000 ($ ,000 $ XXXX 1 Independent Contractors $ ,000 $ ,000 $ ,000 Products — Completed Operations $ ,000 $ ,ODO $ ,600 $ 0.0 1 Aggregate: $ ,000 XXXX XXXX 1 Contractual — as described below j ,000 $ ,000 $ ,000 Automobile Liability— Owned Automobiles FOUR 4 SC GA5727350 BUSSES 6117174 9 6 74 $ 100 .000 $ 300 ,000 $ 100 ,000 xx;x i I Hired Automobiles II it it $ II 000 $ 11 ,000 $ 11 ,000 XXXX Nom Owned Automobiles $ ,000 $ ,000: $ 1000 XXXX Automobile Physical Damage — Comprehensive Fire,Lightning 6 Transportation Theft Collision or Upset GA5727350 GA 5727350 6117174 6117174 916174 916174 s Ac,tuat Ca6h Value $ $ Actual Value less $ 2 5 0 Deductible Loss Payable to: Coveting Faux (4) Schuat Bu66e6 Setia4 #'6 to vany Workmen's Compensation and Employers Liability Compensation — Statutory I Description and Location of Operations, Automobiles Covered, Contracts, Additional Insureds, etc.: I IT IS HEREBY UNDERSTOOD AND AGREED THAT THE NEWPORT MESA UNIFIED SCHOOL s DISTRICT IS NAMED AS ADDITIONAL NAMED INSURED UNDER THIS CONTRACT AS RESPECTS THE FOUR (4) SCHOOL BUSSES USED BY THE CITY OF NEWPORT BEACH FOR BUS SERVICE DURING THE PERIOD OF JUNE 17, 1974 TO SEPTEMBER 6, 1974. I j 1 I The Company agrees to give--.10 days written notice to the holder of this Certificate of Insurance in the event of cancellation of any policy or coverage listed above. j Z--> Date: June 12, 1974 NO. OF 202 -A2 12 -70 Reeaasmanded QA I A - I■ A C Fares COMPANY O.F')PACIFIC C � By MI I II M.1 I,A K f- y IIV1S II K A N F ' L j� KU Kk K.S, -L [L I Authorized Representative seen... wauasssae aerAAay — Anula4a �uA Tee w.,m o !Pwur — weTA eroA,M, sn .:1ve— / ISSUED BY OOBENALF OF -. MILUM /GARVEY RESERVE INSURANCE COMPANY INSURANCE COMPANY Name of Insured and address: Name and address for whom Certificate of Insurance Is issued: CITY OF NEWPORT BEACH INEWPORT MESA UNIFIED SCHOOL 3300 NEWPORT BOULEVARD DISTRICT NEWPORT BEACH, CALIFORNIA 1601 - 16th Street NeLOpont Beach, Cats�or,,nia 92660 i This is to certify that the Company designated above has issued to the Insured named herein the policies listed below and such policies apply with respect to the hazards and for the coverages and limits of liabil. ity Indicated by specific entry herein, subject to all the terms, conditions and exclusions in such policies. The Company agrees to give 10 days written policy or coverage listed alwve. Data: JUNE 12, 1974 NO. OP 202 -A2 I2-70 AecO 4ded CAI A•I IRA C Fears notice to the holder of this Certificate of Insurance in the event of cancellation of any SE NSURA CE CO NY C pan By C Authcrizad Rapresantativa MOeM,IX I......... "..ANY — Mr111MN lira rM ..,e e` ' —saefa apMlGl1. CNLI n.,x,,,T COVERAGES AND LIMITS OF LIAGILITY TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION Bodily Injury Liability Property Damage Liability DATE DATE each person each occurrence each occurrence aggregate General Liability — Premises — Operations $ ,000 $ 'M $ loco $ ,000: Elevator S ,000 $ ,000 $ .000 $ XXX% Independent Contractors $ ,000 $ ,000 $ ,000 $ ,00J1 Products — Completed e r ,000 $ 1000 $ ,000 $ ,OJJ: Operations Aggregate: $ ,000 XXXX XXXX Contractual — as described below $ ,000 $ ,000 $ ,000 $ 'ou Automobile Liability — Owned Automobiles $ loco S loco $ ,coo xxXx { Hired Automobiles $ ,000 $ ,000 $ ,000 XXXX Nor, Owned Automobiles $ ,000 $ ,ODO $ ,000 XXXX Automobile Physical Damage — Comprehensive $ Fire.Lightning 6 Transportation $ Theft $ Collision or Upset Actual Value Less $ Deductible Loss Payable to: Workmen's Compematien Compensation — Statutory i i and Employers Liability EXCESS.LIABILIT XEL038641 2/1/74 2/1/75 $1,000,000 LIMI LIABILITY Description and Location of Operations. Automobiles Covered. Contracts, Additional Insureds, etc.: I IT IS HEREBY UNDERSTOOD AND AGREED THAT THE NEWPORT MESA UNIFIED SCHOOL I DISTRICT IS NAMED AS ADDITIONAL NAMED INSURED UNDER THIS CONTRACT AS RESPECTS THE FOUR (4) SCHOOL BUSSES USED BY THE CITY OF NEWPORT BEACH FOR BUS SERVICE DURING THE PERIOD OF June 17, 1974 to Sentemben 6, 1974. The Company agrees to give 10 days written policy or coverage listed alwve. Data: JUNE 12, 1974 NO. OP 202 -A2 I2-70 AecO 4ded CAI A•I IRA C Fears notice to the holder of this Certificate of Insurance in the event of cancellation of any SE NSURA CE CO NY C pan By C Authcrizad Rapresantativa MOeM,IX I......... "..ANY — Mr111MN lira rM ..,e e` ' —saefa apMlGl1. CNLI n.,x,,,T ISSUED BYO * E HALF OF 1 MIDLAND INSURANCE COMPANY INSURANCE COMPANY Name of Insured and address, MILUM /GARVEY Name and address for whom Certificate of Insurance Is Issued: CITY OF NEWPORT BEACH NEWPORT MESA UNIFIED SCHOOL 3300 NEWPORT BOULEVARD DISTRICT NEWPORT BEACH, CALIFORNIA 1601 - 16th STREET NEWPORT BEACH, CALIFORNIA 92660 1 This is to certify that the Company designated above has issued to the Insured named herein the policies listed below and such policies apply with respect to the hazards and for the coverages and limits of liabil- ity indicated by specific entry herein, subject to all the terms, conditions and exclusions in such policies. The Company agrees to give 1 O days written notice to the holder of this Certificate of Insurance in the event of cancellation of any policy or coverage listed above. Date: iuyie 12, 1974 No. GP 202- A212 -]0 R*Cg ended CA l A - I B A C Farm DL NSURA E COM nsursl ., Pan By MILUMIGARV Y I SU A CE BR OKEPS, iIC. Authorized Representative eoe «w« evo,cw, «a coow «r _ .,,u .w .«v vw r...« c.....v —caw.. ero «.cw, v,.,..«,..... COVERAGES AND LIMITS OF LIAGILITY TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION Bodily Injury Liability Property Damage Liability DATE DATE each person each occurrence each occurrence aggregate General Liability— I Premises — Operations I $ 1000 $ ,000 i $ ,0001 Elevators $ ,000 $ ,000 $ ,000 $ XXXX Independent Contractors $ ,000 $ ,000 $ ,Goo $ ,060i Products — Completed $ ,000 $ ,000 $ ,000 $ ,OLO I Operations Aggregate: $ ,000 XXXX XXXX ' i Contractual — as described below $ ,000 $ ,000 $ ,000 $ ,000 1 Automobile Liability — i Owned Automobiles $ 000 $ ,000 $ ,000 XXXX I Hired Automobiles $ DOD $ ,000 $ ,WO XXXX Non -Owned Automobiles $ ,000 $ ,000 $ ,000 XXXX Automobile Physical Damage — Comprehensive $ t ' Fire.Lightning 6 Transportation $ i Theft $ Collision or UP! I Actual Value less $ Deductible Loss Payable to: I Workmen's Compensation Compensation — Statutory and Employers Liability EXCESS LIABILIT 1112171773734 211174 211175 $4,000,000 LIMIT LIABILITY Description and Location of Operations, Automobiles Covered, Contracts, Additional Insureds, etc.: EXCESS OVER RESERVE UMBRELLA IT IS HEREBY UNDERSTOOD AND AGREED THAT THE NEWPORT MESA UNIFIED SCHOOL DISTRICT IS NAMED AS ADDITIONAL NAMED INSURED UNDER THIS CONTRACT AS RESPECTS THE FOUR (4) SCHOOL BUSSES USED BY THE CITY OF NEWPORT BEACH FOR BUS SERVICE DURING THE PERIOD OF June 17, 1974 to September 6, 1974. The Company agrees to give 1 O days written notice to the holder of this Certificate of Insurance in the event of cancellation of any policy or coverage listed above. Date: iuyie 12, 1974 No. GP 202- A212 -]0 R*Cg ended CA l A - I B A C Farm DL NSURA E COM nsursl ., Pan By MILUMIGARV Y I SU A CE BR OKEPS, iIC. Authorized Representative eoe «w« evo,cw, «a coow «r _ .,,u .w .«v vw r...« c.....v —caw.. ero «.cw, v,.,..«,..... S.F. FORM FORM 347 (April 1%4) `•.!!1' LOST POLICY CERTIFICATE ARID RELEASE OATEO ATTACKED TO pOIIGY NO. XAMI OF INIV P/.NC6 CON[ANY ANO /OHMINO 4/7/75 Di ssu[D TO NANH• City (I} (INEVPHD'H MAILING AOOPE[[1 AGENCY AT SIGNED AGENT PropertyCovered...._ .. .._...._. . ..... .... _ ... _ ...._ .................. __ -- �. T._..__......._.. _ ._ .� Property Located ... ............ --- EXC. ea S._. Liab1 11f_ v. ... P. o_ Uay.... .......... _ ................................... ................ _. ........ ... ...... --'-.- ..- ._..... COMMENCEMENT EXPIRATION EFFECTIVE DATE HOW AMOUNT OF RATE RETURN OF POLICY OF POLICY OF CANCELLATION CANC. INSURANCE PREMIUM PR ❑ 2/1/73 2/1/76 2/1/75 Fv,T o Flat at anr iversa In consideration of return premium to be paid as provided in the above polity, the undersigned hereby surrenders all rights under i said policy, declares the same to be null and void from the effective date of cancellation set forth above, and releases said Insurer from any and all liability thereunder. The undersigned hereby certifies that the policy is lost and cannot, after diligent search, be found; and agrees that in the event it is found, the undersigned will forthwith return it to the Insurer. The undersigned further certifies that he has not assigned or trans- ferred said policy or any rights thereunder to any party not named in this certificate Dated.... ...... -- ..... _..... ................. ... ....... _ ........................... _. _....._.... ............... . .�.......— ........................... ......................... ............................... .. WITM[a� All claim under the above policy is hereby Waived. • -•• •••• _aw NATUEE Or [Apes Ur Ax [I_- •- •---- •••�•— _- •— ••••• - -`—• •. ...—....... ...—...._...._........_....._. ................._. 747 April 1964 r tserve Insurance Compey FX] rket Insurance Company ❑ [ND. No. POLICY NUMBER INSURED [ND. [IF[CTIV[ DATE 4 XEL 038641 CITY OF NEWPORT BEACH 2 -1 -73 (12:01 A.M.1 NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IT IS HEREBY UNDERSTOOD AND AGREED THAT THIS POLICY SHALL NOT BE CANCELLED OR REDUCED BY THE COMPANY WITHOUT AT LEAST ( 60 ) DAYS PRIOR WRITTEN NOTICE BEING SENT TO: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, or limitations of the policy to which this endorsement is attached other than as above stated. This endorsement when countersigned by a duly authorized representative of the Company shall be valid and form part of the above mentioned policy. 1 -30 -73 LSP/Sg ENDT, #4 \711 fIJA�/ TNORIZED REPRESENTATIVE FORM SA-1 I5-681 (The Attaching Clause we completed only when this endor�ued subseVule preparation of the policy.) s LIABILITY G521 ISO G521 CONTAMINATION OR POLLUTION This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the COMPREHENSIVE GENERAL LIABILITY INSURANCE COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE CONTRACTUAL LIABILITY INSURANCE MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE STOREKEEPER'S INSURANCE This endorsement, effective 2-1-73 forms a part of policy No. XEL 038641 (12:01 A. M., standard time) issued to CITY OF NEWPORT BEACH by RESERVE INSURANCE COMPANY L 8478 (Ed. 1.73) .................. . ....... a._7Q............._... horixed Representative It is agreed that the exclusion relating to the discharge, dispersal, release or escape of smoke, vapors, s , fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants is deleted. 1 -30 -73 LSP /sg AUTHENTIC ENDT, #3 ENDORSEMENT • Reserve Insurance Company ri Market Insurance Company ❑ END. NO. POLICY NUN DER INSURED END. EFFECTIVE DATE 2 XEL 038641 CITY OF NEWPORT BEACH Z (12:01 A.N.) IN CONSIDERATION OF THE PREMIUM CHARGED IT IS UNDERSTOOD AND AGREED THAT THE PREMIUM SHALL BE PAYABLE AS FOLLOWS: IN ADVANCE FEBRUARY 1, 1974 FEBRUARY 1, 1975 $8,000.00 TO BE DETERMINED TO BE DETERMINED Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, or limitations of the policy to which this endorsement is attached other than as above stated. This endorsement when countersigned by a duly authorized representative of the Company shall be valid and form part of the above mentioned policy. 1 -30 -73 LSP /sg FOR COMPANY USE ONLY s ess 11M 7 ENDT. #2 AUTNORI'EO REPRESENTATIVE j • ENDORSEMENT • Reserve Insurance Company ri Market Insurance Company ❑ [NO. NO. YOLGY NUM OE[ IN6UNED EH D. [rI[GTWE GATE 1 XEL 038641 CITY OF NEWPORT BEACH 2 -1 -73 LIMIT OF LIABILITY CLAUSE IT IS HEREBY UNDERSTOOD AND AGREED THAT THE COMPANY'S LIMIT OF LIABILITY SHALL BE AS FOLLOWS: AS RESPECTS BODILY INJURY, OR PROPERTY DAMAGE, OR BODILY INJURY AND PROPERTY DAMAGE COMBINED: $1,000,000 AS A RESULT OF ANY ONE OCCURRENCE, OR IN THE AGGREGATE EXCESS UNDERLYING LIMITS OF: A. BODILY INJURY - AUTO BODILY INJURY - OTHER B. PROPERTY DAMAGE - AUTO C. PROPERTY DAMAGE - EXCEPT AUTO D. OTHER - ERRORS & OMISSIONS $100,000 EACH PERSON $300,000 EACH OCCURRENCE $100,000 EACH PERSON $300,000 EACH OCCURRENCE $300,000 AGGREGATE PRODUCTS $100,000 EACH OCCURRENCE $100,000'..EACH OCCURRENCE $100,000 AGGREGATE OPERATIONS $100,000 AGGREGATE PROTECTIVE $100,000 AGGREGATE PRODUCTS $100,000 AGGREGATE CONTRACTUAL $ 50,000 EACH PERSON $150,000 AGGREGATE AS SET FORTH IN POLICY NO. LP 11624 ISSUED BY THE PACIFIC INDEMENITY INS. CO. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, or limitations of the policy to which this endorsement is attached other than as above stated. This endorsement when countersigned by a duly authorized representative of the Company shall be valid and form part of the above mentioned policy. 1 -30 -73 LSP /sg FOR COMPANY USE ONLY w en y/N • ENDT. #1 \—>� - owa[v wvwn[wT[nvE IMPORTANT NOTICES TO POLICYHOLDER: A. This policy covers excess limits only as shown in Section I after and only after the limits, as shown in Section 11, of another insurance company, referred to as the pri- mary insurer, are fully used and exhausted. B. This policy does not and is not intended to satisfy financial responsibility or compulsory insurance laws or requirements of any governmental jurisdiction. C. Any untruthful representation or any concealment or fraud on the part of the insured which representation, concealment or fraud materially affects either the acceptance of the risk or the hazard assumed by the Company shall render this policy void. D. Notice of all accidents or occurrences must be given as soon as practicable to the Reserve Insurance Company, Chicago. Illinois, whether or not such accidents or occurrences appear likely to involve this policy. m a O7¢�RR�7O �O0 O -7O A o U 3 n v mom _ 3 n.�. W na �no3a o3_ '� F = 2 3n on�a �. 3 aa3 s OWO 3 ry C O Q a o O S 2 n7 � =0d0_ O J "n D oyAAW wW NNNr. -. r00. 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Wm W mmmWW mJJVJJJJV VJmmmm -'- ommJmW➢WN. -omm JmWaw N. -o�om Jm Wa WN.o�oWJm�nAw N. -o�om Jm�nAw 3�0 y O A 1 a H M C) a Z C) M O Z 1 a O m THIS SPACE FOR THE ATTACHMENT OF ENDORSEMENTS, IF ANY CONDITIONS 1. It is agreed that this policy, except as herein stated, is subject to all conditions, agreements and limitations of and shall follow the Primary Insurance in all respects, including changes by endorsement and the Insured shall furnish the Company with copies of such changes. It is further agreed should any alteration be made in the premium for the policy /ies of the Primary Insurers during the period of this Policy, then the premium hereon other than the Minimum Premium shall be adjusted accordingly. 2. Notice of accident or occurrence. Written notice of any accident or occurrence, whether or not it appears likely to involve this policy shall be given as soon as practicable by or on behalf of the Insured to the Company, but under no conditions later than thirty (30) days after advising the Primary Insurers, or if self - insured, thirty (30) days after know- ledge of said claim. The Company which at its own option may, but is not required lo, participate in the investigation, settlement or defense of any suit. 3. With respect to each coverage in Item 5, Section I of the Declarations, the Bodily Injury limit applicable to each accident is subject to the limit specified as applicable to each person. There is no limit to the number of accidents for which claims may be brought hereunder (provided such accidents occur during the period of this policy) except as pro- vided by aggregate limits which, with respect to Item 5, Section I, when inserted therein apply to all accidents happening during each twelve month's term of the Policy. 4. All salvages, recoveries or payments recovered or received subsequent to a loss settlement under the Policy shall he applied as it recovered or received poor to such settle- ment and all necessary adjustments shall than be made between the Insured and the Company, provided always that nothing in this Policy shall he construed to mean that losses under this Policy are not recoverable until the Insured's ultimate net loss has been finally ascertained. 5. This Policy may be cancelled at any time at the written notice of the Insured or may be cancelled by of an behalf of the Company provided ten (10) days written notice is given to the Insured at the address shown in the Declarations. The mailing of notice as aforesaid shall he sufficient proof of notice. The effective dale of cancellation stated in the notice shall become the end of the policy period. In the event of the cancellation or termination of the Primary Insurance or of a renewal thereof, this policy, to the extent of such cancellation or termination, shall cease to apply at the same time without notice to the Insured. If the Named Insured cancels, earned premium or minimum premium, whichever is greater, shall be computed in accordance with the customary short rate table and procedure. If the Company cancels, earned premium or minimum premium, which- ever is greater, shall he computed pro rata. - 6. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its obligations hereunder. IN WITNESS WHEREOF, the RESERVE INSURANCE COMPANY has caused this policy to be signed by its President and Secretary at Chicago, Illinois and countersigned an the Declarations page by a duly authorized agent of the Company. Ala4a pt�" Secretary President v. k.. I_ reserve insurance company DECLARATIONS This policy insures: Item 1. Named Insured, Address and Zip Code CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA excess liability policy A Stock Company CHICAGO, ILLINOIS Producer No. 750 -073 2. Occupation: MUNICIPALITY Name and address of employer Policy Period: 12:01 A.M., STANDARD TIME AT THE ADDRESS OF THE NAMED INSURED AS STATED HEREIN. From: 2 -1 -73 To: 2 -1 -76 Term:3 YR Renewal of NEW Producer's Name, Address and Zip Code HULL & COMPANY (CALIFORNIA), INC. 1450 E. 17th STREET SUITE 203 (PO BOX 11502) SANTA ANA, CALIFORNIA 92701 No. of Previous accidents: FOR COMPANY USE ONLY JANUARY 39, 197_3�e/sg Countersigned bye'` HNIVU LIVJIHl LP1tIVIJ Date of Issue � Licensed esi ent gent or Authori ed Representative R10 -U 79 (6 -68) V T ��I DDI and as further defined in the Primary Policy. ors ..e cos, IRA"' 01 750 073 312 1 000 2 0 JANUARY 39, 197_3�e/sg Countersigned bye'` HNIVU LIVJIHl LP1tIVIJ Date of Issue � Licensed esi ent gent or Authori ed Representative R10 -U 79 (6 -68) V T ��I Locatmn of Coverage: and as further defined in the Primary Policy. 3. Primary Insurance: (1) Insurer, (2) Policy number (including renewals /o eplacements thereof) (I) 2) a. Description of Coverage: EXCESS IC LI91OT'Y AND PROPERTY DAMAGE, INCLUDING AUTO 5. The insurance afforded is only with respect to such of the following coverages as are indicated by specific premium charge or charges. The limit of the Company's liability against each such coverage shall be as stated herein, subject to all the terms of this policy having reference thereto. SECTION I IN EXCESS OF SECTION II SECTION III Coverages Premium Company Limits Underlying Limits Total Limits A. Bodily Injury —Auto $ 8,000.00 $ SEE Each Person $ 100,000 $ C.S.L. $ $ ENDT Each Accident or occurrence $ 300,000 $ Bodily Injury —Other $ INCL. $ #1L Each Person $ 100,000 $ C.S.L. $ $ SEE Each Accident or Occurrence $ 300,000 $ $ $ Aggregate Products $ $ B. Property Damage Automobile $ $ Each Accident or Occurrence $ inn,nnn $ C. Property Damage $ INCL. $ SEE Each Accident or Occurrence $ 100,000 $ C.S.L. Except Automobile $ $ ENDT. Aggregate Operations $ 100,000 $ $ $ # 1 Aggregate Protective $ 100,000 $ $ $ Aggregate Products $ 100,000 $ $ $ Aggregate Contractual $ 1 nn, non $ D. Combined Single Limit Bodily $ $ Each Accident or Occurrence $ $ Injury and /or Property Damage $ $ Aggregate $ $ E. Other $ INCL. SEE ENDT. EACH PERSON 50,000 C.S.L. ERRORS & OMISSIONS$ #1 AGGREGATE 150,000 Total $ 6. Premium Computation Premium Basis Estimated Exposure Rate Premium FLAT CHARGE Deposit Premium $ 8,000.00 Minimum Premium $ Audit Period FIAT CHAgGF JANUARY 39, 197_3�e/sg Countersigned bye'` HNIVU LIVJIHl LP1tIVIJ Date of Issue � Licensed esi ent gent or Authori ed Representative R10 -U 79 (6 -68) V T ��I reserve insurance company CHICAGO, ILLINOIS Incorporated by the State of Illinois as a Stock Insurance Company Hereinafter Called the Company Agrees with the Insured, named in the Declarations, made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the Declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy: In consideration of the payment of premium stated in the Declarations, the Company agrees to indemnify the Insured, in accordance with the applicable insuring agreements of the Primary Insurance against loss subject to the limits stated in Item 5, Section I of the Declarations and as fully and to all intents and purposes as though the Primary Insurance had been issued for the limits set forth in Item 5, Section III of the Declarations. This policy shall apply only to coverages for which an amount is indicated in Item 5, Section 1, and then only in excess of the corresponding amount as indicated in Item 5, Section II of the Declarations. DEFINITIONS 1. Loss. The word "loss'shall be understood to mean the sums paid in settlements of losses for which the Insured is liable after making deductions lot all other recoveries, sal- vages and other insurances (other than recoveries under the policy /ies of the Primary Insurer), whether recoverable or not. and shall exclude all expense and costs. 2. Costs. The word "costs" shall be understood to mean interest on judgments, investigations, adjustment and legal expenses (excluding, however, all expense for salaried em- ployees and retained counsel of and all office expense of the Insured(. 3. Primary Insurance. The term "primary insurance" shall be understood to mean the policy (policies) described in Item 3. NUCLEAR ENERGY LIABILITY EXCLUSION It is agreed that the insurance afforded under any liability coverage of this policy or of any endorsement used herewith does not apply: (a) to injury, sickness, disease, death or destruction with respect to which an Insured under the policy is also an Insured under a contract of nuclear energy liability insurance issued by the Nuclear Energy Liability Insurance Association or the Mutual Atomic Energy Liability Underwriters and in effect at the lime of the occurrence resulting in such injury, sickness, disease, death or destruction; provided, such contract of nuclear energy liability insurance shall be deemed to be in effect at the time of such occurrence not- withstanding such contract has terminated upon exhaustion of its limit of liability; Jib) to the ownership, maintenance, operation or use of a nuclear facility by or on behalf of an Insured, with respect to injury, sickness, disease, death or destruction resulting from the nuclear energy hazard: provided that except for byproduct material, this paragraph (b) shall not apply to goods or products manufactured or handled by a nuclear faci- lity owned, maintained, operated or used by or on behalf of an Insured while such goods or products are away from such lacifity after sale or distribution to others; (c) to the furnishing of services, materials, parts or equipment by an Insured in connection with the planning, construction, maintenance, operation or use of any nuclear facility, (1) with respect to injury to or destruction of any nuclear facility or property thereat resulting from the nuclear energy hazard or (2) it the nuclear facility is located outside the United States of America, its territories or possessions, or Canada, with respect to injury, sickness, disease, death or destruction resulting Item the nuclear energy hazard; (d) to the transportation, handling, use, sale, distribution or disposal of byproduct material, with respect to injury, sickness, disease, death or destruction resulting from the nuclear energy hazard. As used in this exclusion: 1. The term "nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of source material. special nuclear material or byproduct material. 2. The terms "source material," "special nuclear material" and "byproduct material" shall have the meanings given them in the Atomic Energy Act of 1954 or by any law amen- datory thereof; provided, except for byproduct material (a) contained in or combined with special nuclear material or (b) held, stored, transported or disposed of as waste by or on behalf of a nuclear facility, "byproduct material" shall not include any radioactive isotope away from a nuclear facility. 3. The term "nuclear facility" means: (a) any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material; (b) any equipment or device (i) designed or used for the separation of the isotopes of uranium or plutonium, Iii) designed or used lot the processing, fabricating or alloying of special nuclear material or of irradiated materials containing special nuclear material, (iii) incorporating or making use at such irradiated materials, or IN) designed or used for processing waste byproduct material; (c) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste source material or waste consisting of of containing special nu- clear material or byproduct material: and includes the site on which any of the foregoing is located, together with all operations conducted thereon and all premises used for such operations. Subdivision (iii of paragraph (b) foregoing is not applicable to the occasional mechanical processing or fabricating of special nuclear material by any person or organization at a location which contains no equipment, device or apparatus otherwise defined herein as a nuclear facility, where special nuclear or byproduct material is not regularly handled, stored, or disposed of as waste. and which is principally used for other operations not related to the handling, fabricating or use of special nuclear material. 4. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. ENDORSEMENT reserve insurance company market insurance company ENO. NO. iI.CV NUMBER INSURED END. EiFECTIVE DATE 2/1/74 7 XEL 038641 _ CITY OF NEWPORT BEACH 113:01 A.M.I DEFINITION I OF THE POLICY IS DELETED AND REPLACED BY THE FOLLOWING: 1. LOSS. THE WORD "LOSS" SHALL BE UNDERSTOOD TO MEAN THE SUMS PAID IN SETTLEMENTS OF LOSSES FOR WHICH THE INSURED IS LIABLE AFTER MAKING DEDUCTIONS FOR ALL OTHER RECOVERIES, SALVAGES AND OTHER VALID AND COLLECTIBLE INSURANCES (OTHER THAN RECOVERIES UNDER THE POLICY /IES OF THE PRIMARY INSURER) AND SHALL EXCLUDE ALL EXPENSE AND COSTS: CONDITION 2 OF THE POLICY IS DELETED AND REPLACED BY THE FOLLOWING: 2. NOTICE OF ACCIDENT OR OCCURRENCE: WRITTEN NOTICE OF ANY ACCIDENT OR OCCURRENCE, WHETHER OR NOT IT APPEARS LIKELY TO INVOLVE THIS POLICY, SHALL BE GIVEN BY OR ON BEHALF OF THE INSURED TO THE COMPANY, AS SOON AS PRACTICABLE AFTER AN OFFICER OR AN EMPLOYEE IN CHARGE OF REPORTING SUCH LOSSES TO INSURANCE COMPANIES LEARNS OF THE OCCURRENCE, BUT UNDER NO CONDITIONS LATER THAN THIRTY (30) DAYS AFTER ADVISING THE PRIMARY INSURERS, OR IF SELF - INSURED, THIRTY (30) DAYS AFTER KNOWLEDGE OF SAID CLAIM. THE COMPANY, AT ITS OWN OPTION MAY, BUT IS NOT REQUIRED TO, PARTICIPATE IN THE INVESTIGATION, SETTLEMENT OR DEFENSE OF ANY SUIT. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, or limitations of the policy to which this endorsement is attached other than as above stated. This endorsement when countersigned by a duly authorized representative of the Company shall be valid and form part of the above mentioned policy. 1/21/74 DC /Sh FOR COMPANY USE ONLY D reserve Insurance con -vany ENDT # 7 C3 market gisurance company ES ..¢ (5-71) 0 f.NPQJ,SEMENT to- reserve insurance company market insurance company IT IS UNDERSTOOD AND AGREED THAT: ❑ 1. PREMIUM ❑ 2. DEPOSIT PREMIUM ❑ 3. MINIMUM PREMIUM G❑ C. RATE 6J 5. INSTALLMENT ❑ 6. AUDIT ® IS CHARGED FOR THE PERIOD: 5. FROM 2/1/74 TO 2/1/75 $8,400.00 ® ADDITIONAL PREMIUM $ 8,400.00 ❑ RETURN PREMIUM $ ❑ NIL TOTAL $ 8,400.00 ❑ 7. COVERAGE ❑ 8. INCEPTION DATE ❑ 9. EXPIRATION DATE ❑ 10. TERM ❑ 11. NAME OF ASSURED ❑ 12. ADDRESS OF ASSURED ❑ IS AMENDED TO READ AS FOLLOWS: FiR COMPANY LLCF nNI V 6 XEL 038641 CITY OF NEW PORT BEACH 2/1/74 IT IS UNDERSTOOD AND AGREED THAT: ❑ 1. PREMIUM ❑ 2. DEPOSIT PREMIUM ❑ 3. MINIMUM PREMIUM G❑ C. RATE 6J 5. INSTALLMENT ❑ 6. AUDIT ® IS CHARGED FOR THE PERIOD: 5. FROM 2/1/74 TO 2/1/75 $8,400.00 ® ADDITIONAL PREMIUM $ 8,400.00 ❑ RETURN PREMIUM $ ❑ NIL TOTAL $ 8,400.00 ❑ 7. COVERAGE ❑ 8. INCEPTION DATE ❑ 9. EXPIRATION DATE ❑ 10. TERM ❑ 11. NAME OF ASSURED ❑ 12. ADDRESS OF ASSURED ❑ IS AMENDED TO READ AS FOLLOWS: FiR COMPANY LLCF nNI V . - 001 11168 :D. A) INC. ❑ 13. COVERAGE IS CANCELLED ❑ SHORT RATE ❑ PRORATE ❑ 19. ADDITIONAL INSURED BUT ON LV AS RESPECTS THE OPERATIONS OF THE NAMEDINSURED D-1 reserve Insurance company ❑ market Murance company ENDT # 6 By �i d",rt�� 00.1. Ol 7 750 0 073 3 312 l 9 9000 0 001 11168 :D. A) INC. ❑ 13. COVERAGE IS CANCELLED ❑ SHORT RATE ❑ PRORATE ❑ 19. ADDITIONAL INSURED BUT ON LV AS RESPECTS THE OPERATIONS OF THE NAMEDINSURED D-1 reserve Insurance company ❑ market Murance company ENDT # 6 By �i d",rt�� POLICY No. 13151 11 12 17 17 73 730 UMBRELLA LIABILITY POLICY Renewal of UL 1773 • R/W MIDLAND INSURANCE COMPANY DECLARATIONS Item 1. Named Insured and Address: The City of Newport Beach 3300 Newport Blvd. Newport Beach, California 29 Broadway, New York, New York 10006 Producer STOCK COMPANY Hull & Company, Inc. 1450 East 17th Street Santa Ana, California 92711 Item 2. Policy Period: (Mo. Day Yr.) From 2/1/73 To 2/1/76 12:01 A.M., standard time at the address of the named insured as stated herein. Item 3. Premium: Item 4. Retained Limit: Item 5. (a) Occurrence Limit (b) Aggregate Limit: $ 5,000. Flat and at Each Anniversary $ 10,000. $ 4,000,000. $ 4,000,000. Item 6. Schedule of Underlying Insurance Policies (Schedule A) — Attached to form part hereof. Countersigned By Authorized Representative Date lanna,-., 29_ 1974 Los Angeles, California UND. N0. 30 REV. 12/71 URIGNAL r.. • i UMBRELLA LIABILITY POLICY In consideration of the payment of the premium as herein provided, and of their respective agreements as herein set forth, MIDLAND INSURANCE COMPANY 29 Broadway, New York, New York A stock insurance Company (herein called the company) and the party or parties named in the declarations (herein called the insured) do hereby agree as follows COVERAGE AGREEMENTS COVERAGE. The Company hereby agrees subject to the limitations, terms and conditions, hereinafter mentioned, to indemnify the Insured for all sums which the Insured shall be obligated to pay by reason of the liability. (a) imposed upon the Imured by law, or (b)asimed under contract or agreement by the Named Insured and/or any officer, director, stockholder, partner or emMoyee of the Named Insured, while acting in his capacity as such. for damages, direct or consequential and expenses, all as more fully de- fined by the term "ultimate net loss' on account of: (1) personal injuries, including death at any time resulting therefrom, (2) property damage. (3) advertising liability caused by or arising out of each occurrence happening anywhere in the world. I. LIMIT OF LIABILITY. The Company shall only be liable for the ultimate net loss the excess of either (a) the amount recoverable under the underlying insurance as set out in Schedule A of the Declarations (b) the amount of ultimate net loss stated in item 4 of the Declarations in respect of each occurrence not covered by said underlying insurances, (hereinafter called the "underlying limits'): and then only up to a further sum as sated in Item 5(a) of the Declara- tions in all in respect of each occurrence- subject to a limit as stated in Item 51b) of the Declarations in the aggregate for each annual period during the currency of this policy, separately in respect of the products hazard or the completed operations hazard, or both combined and in respect of personal injury (fatal or non - fatal) by occupational disease sustained by any employees of the Insured. In the event of reduction or exhaustion of the aggregate limits of liability under said underlying insurances by reason of losses paid thereunder, this policy shall (1) in the event of reduction pay the excess of the reduced underlying limit; (21 in the event of exhaustion continue in force as underlying insurance. The inclusion or addition of more than one insured shall not operate to increase the Company's limit of liability. THIS POLICY IS SUBJECT TO THE FOLLOWING DEFINITIONS: 1. INSURED. The unqualified word "insured" includes not only the Named Insured but also: {a) any officer, director, stockholder, partner or employee of the Named Insured, while acting in his capacity as such, and any organization or proprietor with respect to real estate management for the Named Insured; (b) any person, organization, trustee or estate to whom the Named In- sured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, but only in respect of operations by or on behalf of the Named Insured or of facilities of the Named Insured or used by them; (c) any additional Insured loot being the Named Insured under this policy) included in the underlying insurances, I subject to the pro- visions in Condition B; but not for broader coverage than is available to such additional Insured under any underlying insurances as set out in Schedule A; (d) with respect to any automobile owned by the Named Insured or hired for use in behalf of the Named Insured, or to any aircraft owned by or hired for use in behalf of the Named Insured, any person while using such automobile or aircraft and any person or organization legally responsible for the use thereof, provided the actual use of the automobile or aircraft is with the permission of the Named Insured. The coverage extended by this subdivision (d), with respect to any person or organization other than the Named Insured, shall not apply; (1)to any person or organization, or to any agent or employeethereof operating an automobile repair shop, public garage, sales agency, service station, or public parking place, with respect to any occur- rence arising out of the operation thereof; (2) to any manufacturer of aircraft, engines, or aviation accessories, or repair organization or airport or hangar operator or their respective employees or agents with respect to any occurrences arming out of the operation thereof; (3) with respect to any hired automobile or aircraft, to the owner thereof or any employee of such owner. This subdivision (d) shall not apply if it restricts the coverage granted under subdivision (c) above. 2. PERSONAL INJURIES. The term "personal injuries" means bodily in- jury, mental injury, shock, sickness, disease, disability, eviction, detention. malicious prosecution, discrimination, humiliation; also libel, slander or de- famation of character or invasion of rights of privacy, except that which arises out of any advertising activities. 3. PROPERTY DAMAGE.'i ne term "property damage" means direct injury to or destruction of tangible property, including the loss of use resulting therefrom. 4. ADVERTISING LIABILITY. The term "advertising liability" means: (a) libel, slander or defamation, (b) infringement of copyright or of title or of slogan, (cl piracy or unfair competition or idea misappropriation under an implied contract, (d) invasion of right of privacy, committed or alleged to have been com- mitted in any advertisement, publicity article, broadcast or telecast and arising out of the Named Insured's advertising activities. 5. The term 'occurrence" means an accident, including injurious exposure to conditions, which results, during the policy period, in bodily injury or proper- ty damage neither expected nor intended from the standpoint of the insured. With respect to personal injury and property damage, ail such exposure to sub- stantially the more general conditions existing at or emanating from one premises location shall be deemed one occurrence. 6. ULTIMATE NET LOSS. Theterm" ultimate net loss' means the tota(sum which the insured, or any company as his insurer, or both, become obligated to pay by reason of personal injury, property damage or advertising liability claims, either through adjudication or compromise, and shall also include hospital, medical and funeral charges and all sums paid as salaries, wages, compensation, fees, charges and law costs, premiums on attachment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigation of other persons, and for litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any occurrence covered hereunder, excluding only the salaries of the Insured's or of any underlying insurer's permanent employees. The Company shall not be liable for expenses as aforesaid when such expenses are included in other valid and collectible insurance, reinsurance or indemnity. 7. AUTOMOBILE. The tam "autorrrobile' means a land motor vehicle, trailer or semi - trailer. 8. AIRCRAFT. The term "aircraft" means any heavier than air or lighter than air aircraft designed to transport persons or property. 9. COMPLETED OPERATIONS. The term "completed operations hazard" includes personal injury and property damage arising out of operations or re- liance upon a representation or warranty made at any time with respect thereto, but only if the personal injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: la) when all operations to be performed by or on behalf of the Insured under the contract have been completed, (b)when all operations to be performed by or on behalf of the Insured at the site of the operations have been completed, or lc) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor engaged in performing operations for a principal as a part of the Same project. Operations which may require further service or maintenance work, or cor- rection, repair or replacement because of any defect or deficiency, but which are otherwise complete shall be deemed completed. The completed operations hazard does not include personal injury or property damage arising out of: (1) operations in connection with the transportation of property, unless the personal injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof. (2) the existence of tools, uninstalled equipment or abandoned or unused materials. 10. INSURED'S PRODUCTS. The term " insured's products" means goods or products manufactured, Sold, handled or distributed by the Insured or by others trading under his name, including any container thereof (other than a vehicle) but "Insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold. 11. PRODUCTS HAZARD. The term "products hazard" includes personal injury and property damage arising out of the Insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the occurrence away from premises owned by or rented to the Insured and after physical possession of such products has been relinquished to others. 12. ANNUAL PERIOD. The term "each annual period" means each con- secutive period of one year commencing from the inception date of this policy. THIS POLICY IS SUBJECT TO THE FOLLOWING EXCLUSIONS: This policy shall not apply: (a) to any obligation for which the Insured or any company as its insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, provided, howeverthatthis exclusion does not apply to liability of others assumed by the Named Insured under contract or agreement; Ib) to property damage to (1) property owned by the Insured, or (2) the Insured's products arising out of such products or any part of such Products, or (3) work performed by or on behalf of the Insured arising out of the work or any portion thereof or out of materials, parts or equipment furnished in connection therewith,or (4) property rented to, occupied or used by or in the care, custody or control of the Insured to the extent the Insured is under contract to provide insurance therefore; (c) to personal injury or property damage resulting from the failure of the Insured's products or work completed by or for the Insured to perform thefunction orserve the purpose intended by the Insured, if such failure is due to a mistake or deficiency in any design, formula, plan, specifica- tions, advertising material or printed instruction prepared or developed by any Insured; but this exclusion does not apply to personal injury or property damage resulting from the active malfunctioning of such products or work; (d) to damages claimed for the withdrawal, inspection, repair, replacement or loss of the use of the Insured's products or work completed by or for the Insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or de- ficiency therein; (a) with respect to advertising activities, to claims made against the Insured for: (1)failure of performance of contract, but this shall not relate to claims for unauthorized appropriation of ideas based upon alleged breach of an implied contract; (2) infringement of registered trade mark, service mark or trade name by use thereof as the registered trade mark, service mark or trade name of goods or services sold, offered for sale or advertised, but this shall not relate to titles or slogans; (3) incorrect description of any article or commodity; (4) mistake in advertised price; (f) except in respect of occurrences taking place in the United States of America, its territories or possessions, or Canada, to any liability of the Insured directly or indirectly occasioned by happening through or in consequence of war, invasion, acts of foreign enemies, hostilities, (whether war be declared or not), civil war, rebellion, revolution, in. surrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority; Except insofar as coverage is available to the Insured in the underlying insur- ances as set out in Schedule A, this policy shall not apply; (g) with respect to any aircraft owned by the Insured except liability of the Named Insured for aircraft not owned by them; it being understood and agreed that this exclusion shall not apply to the liability of the Named Insured for personal injury to their employees, unless such liability is already excluded under Exclusion (a) above; (h) to any employee with respect to injury to or the death of another employee of the same Employer injured in the course of such em- ployment; 0) to liability arising out of the ownership, use, working or navigation of ocean going ships or vessels; (j) under Coverage I(b), to liability; (1) assumed by the insured under any contract for injury to or de- struction of property rented to, occupied or used by or in the care, custody or control of the Insured to the extent that such liability is an extension of the liability imposed upon the insured by statutory or common law, or; (2) for injury to or destruction of such property, if the insured is under contract to provide insurance therefor; NUCLEAR ENERGY LIABILITY EXCLUSIONS This policy does not apply: I. To injury, sickness, disease, death or destruction (a) with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Lia- • .. bility Insurance Association, Mutual Atomic Energy Liability Under- writers or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. II. Under any Medical Payments Coverage, or under any Supplementary Pay- ments provision relating to immediate medical or surgical relief, to ex- penses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III.Under any Liability Coverage, to injury, sickness, disease, death or de- struction resulting from the hazardous properties of nuclear material, if la) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) the nuclear material is contained in spent fuel or waste at any time pos- sessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Insured; or (c) the injury, sickness, disease, death or destruction arises out of the furnishing by an insured or services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of property at such nuclear facility. IV. As used in these exclusions: "Hazardous Properties" include radioactive, toxic or explosive properties; "Nuclear Material" means source material, special nuclear material or by- product material; "Source Material ", "Special Nuclear Material ", and "Byproduct Material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent Fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "Waste" means any waste material (1) containing byproduct material and 12) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under subparagraph (a) or (b) thereof; "Nuclear Facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the iso- topes of uranium or plutonium, (2) processing or utilizing spent fuel, or 131 handling, processing or packaging 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 custody of the Insured 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 the storage or disposal of waste, and includes the site on which any of the foregoing is located, all opera- tions conducted on such site and all premises used for such operations; "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; With ,aspect to injury to or destruction of property, the word "Injury" or "Destruction" includes all forms of radioactive contamination of property. THIS POLICY IS SUBJECT TO THE FOLLOWING CONDITIONS: A. PREMIUM. Unless otherwise provided the premium for this policy is a flat premium and is not subject to adjustment except as provided in Conditions B and P.. B. ADDITIONAL INSUREDS. In the event of additional Insureds being added to the coverage under the underlying insurances during currency hereof prompt notice shall be given to the Company, and if an additional premium has been charged for such addition on the underlying insurances, the Company shall be entitled to charge an appropriate additional premium hereon. C. PRIOR EXCESS INSURANCE AND NON - CUMULATION OF LIABILITY. It is agreed that if any loss covered hereunder is also covered in whole or in part under any other excess policy issued to the Insured prior to the inception date hereof the limit of liability hereon as stated in Item 5 of the Declarations shall be reduced by any amounts due to the Insured on account of such loss under such prior excess insurance. n �J Subject to the foregoing paragraph and to all the other terms and conditions of this policy in the event that personal injury or property damage arising out of an occurrence covered hereunder is continuing at thetime of termination of this policy the Company will continue to protect the Insured for liability in respect of such personal injury or property damage without payment of ad- ditional premium. D. SPECIAL CONDITIONS APPLICABLE TO OCCUPATIONAL DISEASE. As regards personal injury (fatal or non - fatal) by occupational disease sus tamed by any employee of the Insured, this policy is subject to the same warranties, terms and conditions lexcept as regards the premium, the amount and limits of liability and the renewal agreement, if any) as are contained in or as may be added to the underlying insurances prior to the happening of an occurrence for which claim is made hereunder. E. INSPECTION AND AUDIT. The Company shall be permitted but not ob- ligated at all reasonable times during the policy period to inspect the premises, plants, machinery and equipment used in connection with the Insured's busi- ness. Neither the Company's right to make inspections nor the making thereof nor any report therein shall constitute an undertaking on behalf of orforthe benefit of the Named Insured or others to determine or warrant that such property or operations are safe. The Company may examine the Insured's books and records at any time during the policy period i -d extensions thereof and within one year after final settlement of all claims so far as the books and records relate to the subject matter of this insurance F. CROSS LIABILITY. In the event of claims being made by reason of per- sonal injuries suffered by any employee or employees of one Insured hereunder for which another I nsured hereunder is or may be liable, then this policy shall cover such insured against whom a claim is made or may be made in the same manner as if separate policies have been issued to each Insured hereunder. In the event of claims being made by reason of damage to property belonging to any insured hereunder for which another Insured is, or may be, liable then this policy shall cover such Insured against whom a claim is made or may be made in the same manner as if separate policies had been issued to each Insured hereunder. Nothing contained herein shall operate to increase the Company's limit of liability asset forth in Coverage Agreement I1. G. NOTICE OF OCCURRENCE. Whenever the Insured has information from which the Insured may reasonably conclude that an occurrence covered here- under involves injuries or damages which, in the event that the Insured should be held liable, is likely to involve this policy, notice shall be sent to the Com- pany as soon as practicable, provided, however, that failure to give notice of any occurrence which at the time of its happening did not appear to involve this policy but which, at a later date, would appear to give rise to claims here- under, shall not prejudice such claims. H. ASSISTANCE AND COOPERATION. The Company shall not be called upon to assume charge of the settlement or defense of any claim made or suit brought or proceeding instituted against the Insured but the Company shall have the right and shall be given the opportunity to associate with the Insured or the Insured's underlying insurers, or both, in the defense and control of any claim, suit or proceeding relative to an occurrence where the claim or suit involves, or appears reasonably likely to involve the Company in which event the Insured and the Company shall cooperate in all things in the defense of such claim, suit or proceeding. I. APPEALS. In the event the Insured or the Insured's wtderlying insurers elect not to appeal a judgment in excess of the underlying limits, the Company may elect to make such appeal at its cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liability of the Company for ultimate net loss exceed the amount set forth in Coverage Agreement II for any one occurrence and in addition the cost and expense of such appeal. J. LOSS PAYABLE. Liability under this policy with respect to any occur- rence shall not attach unless and until the Insured, or the Insured's underlying insurer, shall have paid the amount of the underlying limits on account of such occurrence. The Insured shall make a definite claim for any loss for which the Company may be liable under the policy within 22 months after the Insured shall have paid an amount of ultimate net loss in excess of the amount borne by the Insured or after the Insured's liability shall have been fixed and ren- dared certain either by final judgment against the Insured after actual trial or by written agreement of the Insured, the claimant, and the Company. If any subsequent payments shall be made by the Insured on account of the same occurrence, additional claims shall be made similarly from time to time. Such losses shall be due and payable within 30 days after they are respectively claimed and proven in conformity with this policy. K. BANKRUPTCY AND INSOLVENCY. In the event of the bankruptcy or insolvency of the Insured or any entity comprising the Insured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. L. OTHER INSURANCE, REINSURANCE OR INDEMNITY. If other valid and collectible insurance, reinsurance or indemnity with any other insurer is available to the Insured covering a loss also covered by this policy, other than coverage that is in excess of this policy, the coverage afforted by this policy shall be in excess.of and shall notcontribute with such other insurance, re- insurance or indemnity. Nothing herein shall be construed to make this policy subject to the terms, conditions and limitations of other insurance, reinsurance or indemnity. M. SUBROGATION. Inasmuch as this policy is "Excess Coverage ", the In- sured's right of recovery against any person or other entity cannot be exclusiv- ly subrogated to the Company. It is therefore understood and agreed that in case of any payment hereunder, the Company will act in concert with all other interests (including the Insured) concerned, in the exercise of such rights of recovery. The apportioning of any amounts which may be so recovered shall follow the principle that the interests (including the Insured) that shall have paid an amount over and above any payment hereunder, shall first be reim- bursed up to the amount paid by them; the Company is then to be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, the interest (including the Insured) of whom this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the interest (including the Insured) concerned, in the ratio of the respective recovers as finally settled. N. CHANGES. Notice to or knowledge possessed by any person shall not affect a waiver or change in any part of this policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part hereof, signed by the Company. O. ASSIGNMENT. Assignment of Interest under this policy shall not bind the Company unless and until its consent is endorsed hereon. P. CANCELLATION. This policy may be cancelled by the Named Insured or by the Company by sending by registered mail notice to the other party stating when, not less than 30 days thereafter cancellation shall be effective. The mailing of notice as aforesaid by the Company to the Named Insured at the address shown in this policy shall be sufficient proof of notice, and the insur- ance under this policy shall end on the effective date and hour of cancellation stated in the notice. Delivery of such written notice either by the Named Insured or by the Company shall be equivalent to mailing. If this policy shall be cancelled by the Named Insured, the Company shall retain the customary short rate proportion of the premium for the period this policy has been in force. If this policy shall be cancelled by the Company, the Company shall retain the pro rata proportion of the premium for the period this policy has been in force. Notice of cancellation by the Company shall be effective even though the Company makes no payment or tender of return premium with such notice. O. MAINTENANCE OF UNDERLYING INSURANCES. It is a condition of this policy that the underlying insurances as set out in Schedule A shall be maintained in full effect during the currency of this policy except for any re- duction of the aggregate limit or limits applicable thereto solely by payment of claims in respect of occurrences taking place during the period of this policy. Failure of the Insured to comply with the foregoing shall not invalidate this policy but in the event of such failure, the Company shall only be liable to the same extent as it would have been had the Insured complied with the said condition. IN WITNESS WHEREOF the MIDLAND INSURANCE COMPANY has caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by a duly authorized representative of the Company. retory XN President ISSUED TO FORM A PART OF POLICY NO. Jdtt 17 17 73 73 4 ITEM 6 OF THE DECLARATIONS: SCHEDULE OF UNDERLYING INSURANCE POLICIES (SCHEDULE A) Carrier & Policy Number (a) Calif. State Fund (b) (c) Type of Policy Standard Workmen's Compensation & Employers' Liability Comprehensive General Liability Comprehensive Automobile Liability Calif. Public Entity Special (d) Comprehensive Liability Pacific Indemnity Co. #LP11624 Eff. 2/1/72 -75 (e) Reserve Ins. Co. Eff. 2/1/72 -75 Excess Liability FORM NO. UND -30 -R, REV. 12/71 ORIGINAL Applicable Limits Coverage B- Employers' Liability $ 100,000 one accident Bodily Injury Liability $ each person $ each occurrence $ aggregate products Property Damage Liability $ each occurrence $ aggregate premises - operations $ aggregate protective $ aggregate products $ aggregate contractual Bodily Injury Liability $ each person $ each occurrence Property Damage Liability $ each occurrence Bodily Injury Liability - Automobile $ 100,000 each person $ 300,000 each occurrence Bodily Injury Liability- Except Automobile $ 100,000 each person $ 300,000 each occurrence $ 300,000 aggregate products Property Damage Liability - Automobile $ 100,000 each occurrence Property Damage Liability- Except Automobile $ 100,000 each occurrence $ 100,000 aggregate premises - operations $ 100,000 aggregate protective $ 100,000 aggregate products $ 100,000 aggregate contractual $1,000,000. Combined Single Limit Bodily Injury & Property Damage Excess of Item (d) above *ENDORSEMENT Effective Date February 1, 1973 I It is agreed that this policy excludes any claims for Bodily Injury or Property Damage arising out of the discharge, dispersal release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contamination or pollutants into or upon land, the atmosphere or any watercourse or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental. Attached to and made a part of Policy No. 1112171773734 of. MIDLAND INSURANCE COMPANY issued to The City of Newport Beach Countersigned: At:_ ral i form A Date January 29, 1973 C. J. Duffy, Se e lanes P. Craig, President 0 —t Endorsement No. 4 f3 Auth.ur ed Representmive UND. No. GS-D ORIGINAL • ,ENDORSEMENT • Effective Dote February 1 1973 No insurance is afforded by the policy with respect to any claims or suits made against the Insured for injury to property which occurs as the result of an act or failure to act by the Insured amounting to an exercise of eminent domain or condemnation of property by the Insured without due process of law. Attached to and made a part of Policy No. _ 1112171773734 _ of MIDLAND INSURANCE COMPANY issued to The City of Newport Beach Countersigned: At: At: Los Ancieles California Date January 29,.._1973_ C.'1. Duffy, $a e y lames P. Craig, President %� �_•_ Ktt00 ` 1 / Endorsement No. 3 tm;l . UND. No. 45 ORIGINAL *ENDORSEMENT Effective Date Feh "nary > 1971 The Company hereby agrees subject to the limitations, terms and conditions, hereinafter mentioned, to indemnify the Insured for all sums which the Insured shall be obligated to pay by reason of liability imposed by law, including Chapter 1681 of the State of California Statutes of 1963. It is further agreed that under Condition P. Cancellation, the 30 days notice is amended to read 60 days notice. Attached to and made a part of Policy No. 1112 171773734 of. MIDLAND INSURANCE COMPANY issued to The City of Newport Beach Countersigned: At: Lo An es California Dote January 29, 1973 � 7t .............. .......... _.... .......... ... .................:.......s. ,............. /1 C. 1. Duffy, Se a,, y James P. Craig, President / Endorsement No. 2 I Auth.brixed Representative UNa. No. 45 ORIGINAL , *ENDORSEMENT Effective Cate F._ ahruary 7 f 7973 In consideration of the premium charged, it is agreed that The Irvine Company is added as Additional Insured but solely to the extent that coverage is available to such additional Insured under primary policies scheduled in Item 6. Underlying Insurance. Attached to and made a part of Policy No. 1112171773734 _ of MIDLAND INSURANCE COMPANY _ ...... issued to The City of Newport Beach Countersigned: At: Los Angeles, California _ Date____January 29, 1973 _ / ......... .....40h ...... ..... C. Duffy, y James P. Craig, Presidentl1: \ / Endorsement No. 1 Aathw!Ad Representative ND. -a. 45 ORIGINAL 0 M O W c") M N N C O L Q d N MIOAND INSURANCAOMPANY January 28, 1972 Mr. Ross Bothwell Hull and Company P. O. Box 11502 Santa Ana, Calif. 92711 RE: CITY OF NEWPORT BEACH Dear Ross: I have agreed to provide $5,000,000 each occurrence and $5,000,000 aggregate on an umbrella form subject to a $10,000 Self- Insured Retention. This will be excess of the Pacific Indemnity Company's policy with limits of $100,000/$300,000 /$300,000 Bodily Injury Auto and Other Than Auto and $100,000 /$100,000 Property Damage. Our form will exclude Inverse Condemnation, Riot and Civil Commotion and Coverage D which is Errors and Omissions liability. Best regards, MIDLAND INSURANCE COMPANY e 4BIb A sistant Secretary Q� u� =�r,r VYtr rjI v. R:la 1 i i.272 N THE CITY OF NEWPORT BE 4D u CITY HALL, 3300 NEWPORT LVD. E NEWPORT BEACH, CALIFORNIA D ass or Occupation MUNICIPALITY Policy Premium $13,000 Agent /Broker -- - - - - -- HULI&D COMPANY (CALIFORNIA) INC. 145 AST 17th STREET • P. O. BOX 11502 SANTA ANA, CALIFORNIA 92711 Telephone (714) 547 -0793 INSURANCE BINDER In consideration of the insured's agreement to pay a premium }l,§7{* gip *kXbFAXXXIQpdgl } d kXR? ,cikXlWXARcksubject to all of the provisions of the policy customarily issued by the Company bound herein insuring against the perils specifically designated, it is agreed that insurance of the kind named below is bound for the period stated below (not exceeding sixty days): We hereby bind MIDLAND INSURANCE COMPANY, NEW YORK, N. Y. Insurance Company Description of Risk or Kind of Insurance Amount of Insarance or Operations and Location and Perils Insured Limits of Liability All operations of a Umbrella Liability Policy Occurrence Limit $5,000,000* Municipality Excluding: Aggregate Limit 5,000,000* (1) Inverse Condemnation Retained Limit 10,000 Newport Beach, Calif. (2) Riot & Civil Commotion (3) Coverage D - Errors & *Excess of Primary Limits as Omissions Liability as provided by Pacific provided by primary Indemnity Insurance Co. carrier From February 72 :0771" Loss, if any, is payable to insured and: Fe Y 1 , 19_at 12 11.M. To XaX o Aril 1 1972 at12:0jA.M. —g Standard time, or to Bach time p i r therato s the Company s policy may be issued insuring the de- s scribed risk in lieu hereof. P A y Data E E By Authorized Repre Santa e ORIGINAL