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HomeMy WebLinkAboutC-1483 - Helicopter insurance0--NT) % MJLUM/�.AR Gel& NEW lk ��F' A01' USHILManaged by United States Aviation Underwriters, Inc. ; Home Office: 110 William St., New York, New York 10038 F-360 (1175; esxaemrteXxaaxrMeaexxa6m' The Companies named on the face o f policy, herein collectively called the Comp in consideration of the payment of the premium and in reliance upon the DeWlions, and subject to the Limits of Liability/ all of the either terms of this policy, do jointly and severally agree with the Named Insured, as follows: DEFINITIONS Wherever used in this policy: "aircraft" means the landplane, seaplane, amphibian or rotorcraft spe- cifically described in this policy and shall include operating, navigating and radio equipment usually attached thereon, including parts tempo- rarily detached from the aircraft if not replaced by other similar parts, and tools and repair equipment therein which are standard for the mike and type of aircraft. "Airport Contract" means a written agreement required by statute or ordinance or by any rule or regulation promulgated by any Federal, State, County or Municipal Authority as a condition to the use of an airport or airport facility. "Airworthiness Certificate" means the certificate so named in the Fed- eral Aviation Act of 1958 with its amendments and under the Civil Air Regulations or the Federal Aviation Regulations. "Aviation Managers" means United States Aviation Underwriters, Inc. "Federal Aviation Administration" or "F.A.A." means the duly con- stituted authority of the United States of America having jurisdiction over civil aviation. "injury ", as respects any person, means bodily injury, sickness or dis- ease, including mental anguish or death resulting therefrom; and, as respects any property, means injury to or destruction of property in- cluding the loss of use thereof. "in flight" means the time commencing when the aircraft (other than a rotorcraft) moves forward in attempting to take -off and continuing thereafter until it has completed its landing run. A rotorcraft shall be deemed to be "in flight' when the rotors are in motion as a result Of engine power, the momentum generated therefrom, or autorotttion. i_ii s ?; iStE Kwlml�rftr r� _: "7ED, STATES AVIAT}OP► UNCEI YT ?. :. 535 No. BUM BLVD. GI.EIlDU CA RK1 c-.. . "in motion" means all times when the aircraft is "in flight" and, in addition, whenever the aircraft is moving under its own power nr the momentum generated therefrom. "Insured" means the Named Insurcd and, with respect only to the Liability Coverages, also means illy person while using or riding in the aircraft and any person or organization legally responsible for the use thereof, provided the actual dsc of the aircraft is by the Named Insured or with his permission; ;.nd further provided that, other than the Named Insured, none of the following shall be an Insured: (a) any person or organization, or any agent or employee thereof, engaged in the manufacture or sale of aircraft, aircraft engines or aircraft accessories or in the Operation of an aircraft repair shop, aircraft sales agency, aircraft rental service, commercial flying service or flying school with respect to imy occu!'rence arising Vitt of such manufacture, sale or operations, but this provision does not apply to any employee of the Named Insnrrd while acting in the course of his employment by the Named Insured; (b) any employee with respect to injury of another employee of the same employer injured in the course of such employment. "Named Insured" means the individual, partnership, corporation or other entity whose name is stated in [ten t of the Declarations, `occurrence" moms an accident, or a continuous or repealed exposure to conditions, which results in injury during the policy period, pro- vided the injury is neither cxpectcd nor intended from the standpoint of the Insured. All damages arising out of such exposure to substan- tially the same general conditions shall be deemed to arise out Of one occurrence. "passenger" metes any person in or enuring the aircraft for the purpose of riding therein or alighting therefrom following a flight or attempted flight therein. INSURING AGREEMENTS I. Liability Coverages To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of: Coverage A injury sustained by any person except a passenger, Coverage B injury to property, Coverage C injury sustained by any passenger, Coverage D injury sustained by any person, and injury to property, Coverage E injury sustained by any person, except a passenger, and injury to property, caused by an occurrence and arising out of the ownership, maintenance or use of the aircraft. II. Medical Coverage Coverage F To pay all reasonable expenses incurred witbin one year from the date of accident, for necessary medical, surgical, dental, ambulance, hospital, professional nursing and funeral services, to or for each passenger who sustains injury caused by accident, provided the aircraft is being used by the Named Insured or with his permission. This Coverage shall not apply to any pilot, attend- amt, or other crew member of the aircraft unless "crew" is expressly specified as included in the Declinations. III. Hull Coverages To insure against: Coverage G all risks of physical loss of or damage to the aircraft while not in flight and only such physical loss of or damage to the aircraft while it, flight which is directly caused by theft, rob - kin, vandalinn, lightning fire or explosion, excluding fire or explosion caused by or resulting from crash or collision of the ,aircraft with the ground, water or any object, Coverage H all risks of phis: cal loss of or damage to the aircraft. The aircraft shall be presumed lost in flight if it dis appears after take -off and is not located nor its where abouts reported within sixty days thereafter. IV. Policy Period and Territory This policy applies only to o.currences, accident; nr losses which hap- pen during the policy period wiai!e the aircraft is within the United States of America, its territories or poeec mans, Canada or nlexico, or eneoute between points within these places. Aircraft Policy Page I F 360 • EXCLUSIONS None of the Coverages applies: (a) to any aircraft not registered under a "Standard" Category Air- worthiness Certificate issued by the Federal Aviation Agency. (b) while the aircraft is ( 1 ) owned, maintained or used for any pur- pose other than as stated in the Declarations or (2) operated, while in flight, by other than the pilot ca: pilots as stated in the Declarations. The Liability Coverages do not apply: (c) to liability assumed by any Insured under any contract or agree- ment except liability assumed by the Named Insured under an Airport Contract. (d) to injury to persons or property caused intentionally by or at the direction of the Insured, except an injury to persons resulting from an assault and battery committed for the purpose of prevent. ing dangerous interference with the opera -ion of the aircraft. (c) to any obligation for which the Insured or any company as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; or, except with respect to liability assumed by the Named Insured under an Airport Contract, to injury to any employee of the Insured arising out of and in the course of (1) domestic employment by the Insured, if benefits therefor are in whole or in part either payable or required to be provided under any workmen's compensation law, or (2) other employment by the Insured. (f) to injury to any aircraft, the use of which is the subject of such Coverages. (g) to injury to property owned by, rented to, in charge of or trans- ported by the Insured but this exclusion does not apply, as respects the Named Insured, to: (1) damages not exceeding $200.00 for injury to the personal effects and baggage of any one guest passenger in any one occurrence, or 0 (2) damages not exceeding $I,000.00 in all during the policy period for injury to hanga2s or contents thereof not owned by the Insured. The Medical Coverage does not apply: (h) to any expense for services to or for any employee of the Insured, to the extent that such services are required to be provided as benefits ender any workmen's compensation law. The Hull Coverages do not apply to loss or damage: (i) while the aircraft is subject to any bailment lease, conditional sale, mortgage or other encumbrance not specifically declared and de- scribed in this policy, or if the interest of the Named Insured be or become other than owner, or as stated in the Declarations. (j) due to conversion, embezzlement, or secretion by any person in lawful possession of the aircraft under a lease or rental agreement, conditional sale, mortgage or other encumbrance. (k) to tires, other than by theft, vandalism or malicious mischief, un- less such loss or damage is the direct result of other physical dam- age, covered by this policy, to the aircraft. (1) due and confined to wear and tear or deterioration or to freezing or mechanical or electrical breakdown or failure, unless such loss or damage is the direct result of other physical damage, covered by this policy, to the aircraft. (m) resulting from ( 1 ) capture, seizure, arrest, restraint or detention or the consequences thereof or of any attempt thereat, or any taking of the property insured or damage to or destruction thereof by any Government or governmental authority or agent (whether secret or otherwise) or by any military, naval, or usurped power, whether any of the foregoing be done by way of requisition or otherwise and whether in time of peace or war and whether law- ful or unlawful; (2) war, invasion, civil war, revolution, rebellion, insurrection or warlike operations, whether there be a declaration of war or not. LIMIT OF THE COMPANY'S LIABILITY With respect to Liability Coverages A and C: the limit of liability stated in the Declarations as applicable to "each person" is the limit of the Company's liability for all damages, includ. ing damages for care and loss of .services, arising out of injury, sustained by one person as the result of any one occurrence, and the limit of such liability stated therein as applicable to "each occurrence" is, subject to the above limitation respecting each person, the total limit of the Company's liability for all damages, including damages for care and loss of services, arising out of injury sustained by two or more persons as a result of any one occurrence. With respect to Liability Coverages B, D and E: the limit of liability stated in the Declarations is the limit of the Company's liability for all damages arising out of any one occurrence. With respect to the Medical Coverage: the limit of liability stated in the Declarations as applicable to "each person" is the limit of the Company's liability for all expenses incurred by or on behalf of each person who sustains injury in any one accident. The Company may pay the injured person or any person or organization rendering the services and such payment shall reduce the amount pay- able hereunder for any such injury. Payment hereunder shall not con. stitute an admission of liability on the part of the Insured or the Company. With respect to the Hull Coverages: A. The limit of the Company's liability for loss of or damage to the aircraft shall be: (1) in case of total loss, the Amount of Insurance applicable to the aircraft, less the applicable deductible. (2) in case of partial loss (a) if repairs are made by a Named Insured, rile total of the following items less the applicable deductible: (1) the Named Insureds cost for necessary material and parts of like kind and quality, (2) wages paid for labor at current straight time rates at the place Of repair with no premium for Overtime, plus 100'A of such wages as an allowance for overhead and supervision, (3) transportation costs. (b) if repairs are made by other than a Named Insured, the net cost to the Named Insured, excluding all premium charges for overtime, to repair the aircraft with material and parts of like kind and quality, and transportation costs, less the applicable deductible. The "In Motion Deductible" as stated in the Declarations shall apply to each loss Occulting while the aircraft is in motion. The "Not In Motion Deductible" as stated in the Declarations shall apply to each loss occurring while the aircraft is not in motion except no deductible shall apply to any such loss caused by fire, explosion, lightning, theft, robbery, vandalism or an accident to the conveyance in or on which the aircraft, while dismantled, is being transported. "Transportation Costs" shall mean the cost of transporting, by the least expensive reasonable means, (a) damaged parts from the site of loss to and from the most practicable place for repair thereof, OT (b) replacement parts from the nearest available source to the site of loss, or (c) the aircraft to the most practicable place for repair and, thence, to the site of loss or the Named Insured's home airport, whichever is nearer. 13. Where the claim be for theft, conversion, embezzlement, secretion or pilferage, if insured against herein, the return of the property at any time before actual payment of such claim, together with lender Of payment for the physical damage, if any, sustained there- to, shall constitute full satisfaction of such claim. C. Whenever the Company pays a claim in an amount equal to the sum payable for it total loss, it shall at its option be entitled to all remaining salvage value. There shall, however, be no abandonment of the aircraft to the Company without its consent. D. In the event Of payment of a total loss, the Company shall pay to the Named insured, or his order, a sum equal to all unearned Hull Coverage premiums with respect to such aircraft computed pro rata and unless at the time of such loss payment, another aircraft is described in the Declarations for a Hull Coverage, the date of such payment shall become the end of the policy period with respect to all Hull Coverages. I., The liability of the Company shall in no event, for any purpose hereunder, exceed the Amount Of Insurance applicable to the air. craft, less the applicable deductible, plus any sum payable under paragraph D, above. Aircraft Policy Page 2 F 360 14. Subrogation The Company, upon payment of any claim 10o.der, shall be subro- gated to all the Insured's rights of recovery therefor against any per- son or organization, and the Insured shall execute and deliver all in. struments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after the physical happening of the occurrence which gives rise to a claim hereunder to prejudice or impair such rights of recovery. The Insured shall cooperate with the Company and upon the Company's request shall attend hearings and trials, and shall assist, except in a pecuniary way, in securing and giv. ing evidence, obtaining the attendance of witnesses, and in the conduct of suits for such recovery. 15. Other Insurance Except with respect to insurance specifically purchased by the Named Insured to apply in excess of this policy, if there is other insurance, in the Insured's name or otherwise, against loss, liability or exvense cov- ered by this policy, the Company shall not be liable under this policy for a greater proportion of such loss, liability or expense than the applicable limit of the Company's Liability (as stated on Page 2 of this policy) bears to the total applicable limit of liability of all valid and collectible insurance against such loss, liability or expense, pro. vided, however, that with respect to the extensions of coverage afforded by Conditions 3, 4 and 5, this insurance shall be excess insurance over any other valid and collectible insurance available to the Insured, either as an Insured under a policy applicable with respect. to the aircraft or otherwise and, if such other insurance available to the Insured shall have been written through the Aviation Managers, the Limit of the Company's Liability applicable to such loss under this policy shall be reduced by the applicable limit of liability under such other available insurance. 16. Action on Policy No suit or action on this policy for recovery of any loss or claim shall be sustainable in a court of law or equity unless, as a condition prece. dent thereto, the Insured shall have fully complied with all of the terms of this policy, and, (a) with respect to the Liability Coverages, until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall there- after be entitled to recover under this policy to the extent of the insurance afforded thereby. Nothing contained in this policy shall give any person or organization a right to join the Company as co- defendant in an action against the Insured to determine the Insured's liability. Bankruptcy or insolvencv of the Insured or the Insured's estate shall not relieve the Company of its obligations herein. (b) with respect to the Medical Coverage, until thirty days after the required proof of claim has been filed with the Aviation Managers. (c) with respect to the Hull Coverages, unless such action for recov. ery is commenced within twelve months next after the physical happening of the occurrence which gave rise to the loss or claim. If any limitation of time stated herein is prohibited by the laws of the State wherein this policy is issued, then, in that event, no suit or action on this policy shall be sustainable unless commenced within the shortest limitation permitted under the laws of such State. 17. Action Against the Named Insured Any one of the Companies or the Aviation Managers shall have th@ power to institute and maintain suits in its own name against the Named Insured for ayment of premiums or for breach of any other obligation arising M or by reason of this insurance, and any judgment so obtai0mWr release or receipt by any one of the Com- panies or the Aviation.Managers shall be binding oh all of the Com- panies and the Aviation Managers. 18. Assignment Assignment of interest under this policy shall not bind the Company until Its consent is endorsed hereon by the Aviation Managers; if, however, the Named Insured shall die within the policy period, this policy, unless canceled, shall, provided written notice be given to the Aviation Managers within sixty days after the date of such death, apply to his legal representatives as the Named Insured. 19. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect 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 by the Aviation Managers. 20. Cancelation This policy may be canceled by any Named Insured by mailing to the Aviation Managers written notice stating when thereafter such can- celation shall be effective. This policy may be canceled by the Com- pany or the Aviation Managers by mailing to the Named Insured at the address shown in this policy written notice stating when not less than ten days thereafter such cancelation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice and the effective date and hour of cancelation stated in the notice shall become the end of the policy period, Delivery of such written notice either by the Named Insured, the Company or the Aviation Managers shall be equivalent to mailing. If a Named Insured cancels, earned premiums shall be computed in accordance with the customary short rate table and procedure. If the Company or the Aviaion Managers cancel, earned premiums shall be computed pro rata. Premium adjustment may be made at the time cancelation is effected and, if not then made, shall be made as soon as practicable after cancelation becomes effective. The Aviation Man- agers' check mailed or delivered as aforesaid shall be a sufficient tender of any refund of premium due to the Named Insured. 21. Declarations By acceptance of this policy, the Named Insured affirms that the con. tents of the Declarations constitute his agreements and that this policy embodies all agreements existing between himself and the Company, the Aviation Managers or any of the Company's agents relating to this insurance. MUTUAL POLICY CONDITIONS: This polity is nonassessable. The policy holder is a member of the Employers Mutual Liability Insurance Company of Wisconsin and shall participate, to the extent and upon the conditions fixed and determined by the Board of Directors in accordance with the provisions of law, in the distribution of dividends so fixed and determined. NOTICE OF ANNUAL MEETING: The insured is hereby notified that by virtue of this policy he is a member of the Employers Mutual Liabil. ity Insurance Company of Wisconsin and is entitled to vote either in person or by proxy at any and all meetings of the company. The annual meetings are held at the home office at Wausau, Wisconsin, on the fourth Friday of May in each year at t0:00 o'clock A.M. IN WITNESS WHEREOF, each of the Companies named on the face of this policy has caused this polity to be executed on its behalf by the Aviation Managers but this policy shall not be valid unless a Declarations Page, countersigned by an authorized representative and approved in writing by the Aviation Managers, is attached hereto. UNITED STATES AVIATION UNDERWRITERS, INCORPORATED Aviation Managers / Preridm Aircraft Policy Page 5 F 360 CONDITIONS • 1. Two or More Aircraft (2) to the liability of any Insured other than (i) such Named the terms Insured, and (ii) any Insured who is a person designated in When two or more aircraft are insured under this policy, (a) above, or the employer of such person, or is a person hereof shall apply separately to each aircraft. designated in (b) above. 2. Separate Insureds (Liability Coverages) The insurance afforded under the Liability Coverages applies separately to each Insured against whom claim is made or suit is brought, but the inclusion herein of more than one Insured shall not operate to increase the applicable limits of the Company's liability. 3. Newly Acquired Aircraft (Liability, Medical and Hull Coverages) If the Named Insured who is the owner of the aircraft described in the Declarations, shall acquire ownership of another aircraft during the policy period and so notifies the Aviation Managers within thirty days following the date of such acquisition, such insurance as is afforded by this policy with respect to the described aircraft, applies to such newly acquired aircraft as of its acquisition date provided that it either replaces a described aircraft, or is an additional aircraft and the Com- pany insures all aircraft owned by said Named Insured as of such acquisition date. Unless otherwise agreed in writing between such Named Insured and the Aviation Managers, the Coverages, Limits of Liability and Amount of Insurance pertaining to such newly acquired aircraft shall be as follows: (a) Liability and Medical Coverages (1) Replacement Aircraft: Such Coverages and Limits of Liability as were applicable to the replaced aircraft. (2) Additional Aircraft: Such Coverages and Limits of Liability as are applicable to the described aircraft having the most similar passenger capacity excluding crew. (b) Hull Coverages (1) Coverage — Replacement Aircraft: Such Coverage and deductibles as were applicable to the replaced aircraft. (2) Coverage — Additional Aircraft: Such Coverage and deductibles as are ap. plicable to the described aircraft having the most similar Amount of insurance. (3) Amount of Insurance — Replacement or Additional Aircraft: The actual cost of the aircraft to the Named Insured but not exceeding the highest Amount of insurance upon any described aircraft. The insurance afforded by this policy terminates upon the replaced aircraft as of the acquisition date of the newly acquired aircraft. The Named Insured shall pay any additional premium required because of the application of the insurance to any newly acquired aircraft. 4. Use of Other Aircraft (Liability and Medical Coverages) If a Named Insured is the sole owner of the aircraft described in the Declarations or, if an individual, is the co -owner thereof with his spouse, any insurance under the Liability and Medical Coverages applicable to the use of such aircraft shall also apply to the lawful use of another aircraft; (a) by or on behalf of such an individual Named Insured or his spouse if residing in the same household, or (b) by an executive officer of such a corporate Named Insured but only while acting within the scope of his duties as such, except that this insurance shall not apply: (I) if Item 6 of the Declarations permits any use of the aircraft for which a charge is made to others. (3) to any aircraft owned by, hired as part of a frequent use of hired aircraft by, or furnished for regular use to, (i) the Named Insured or (ii) his employer, a member of his house- hold nr such member's employer, if the Insured be an indi. vidual or (iii) any of its executive officers, if the Named Insured be a corporation. (4) as respects Medical Coverage, unless the injury results from the operation of the aircraft by a person designated in (a) or (b) above, or on behalf of him by a pilot in his employ, or results from the occupancy of the aircraft by such person. 5. Temporary Use of Substitute Aircraft (Liability and Medical Coverages) While an aircraft owned by the Named Insured is withdrawn from normal use because of its breakdown, repair, servicing, loss or destruc- tion, such insurance as is afforded under the Liability and Medical Coverages with respect to such aircraft applies also with respect to another aircraft not owned by the Named Insured while temporarily and lawfully used as a substitute for such aircraft. This insurance shall not apply, however, to the liability of any Insured who is the owner of the substitute aircraft or is an agent or employee of such owner. 6. Defense, Settlement and Supplementary Payments. (Liability Coverages) With respect to the insurance afforded under the Liability Coverages, the Company shall: (a) defend any suit against the Insured alleging such in'ury to person or property and seeking damages on account thereotl, even if such suit is groundless, false or fraudulent; but the Company shall have -the right to make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, the cost of bail bonds required of the Insured in the event of an occurrence or violation of a law or regulation for civil aviation during the policy period, not to exceed $100 per bail bond, but without any obligation to apply for or furnish any such bonds; (c) pay all expenses incurred by the Company, all costs taxed against the Insured in any such suit and all interest accruing after entry of judgment until the Company has paid, tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; (d) pay expenses incurred by the Insured for such immediate medical and surgical relief to others as shall be imperative at the time of the occurrence; (e) reimburse the Insured for all reasonable expenses incurred at the Company's request, other than for loss of earnings or for wages and salaries of employees of the Insured, and the amounts so incurred, except for settlements of claims and suits, are payable by the Company in addition to the applicable limit of liability. 7. Automatic Reinstatement (Hull Coverages) In the event of loss or damage to the aircraft, whether or not insured against by this policy, the Amount of Insurance with respect to the aircraft shalt be reduced as of the date of loss by the amount thereof and such reduced value shall continue until repairs are commenced. The Amount of Insurance shall then be increased by the value of the completed repairs until the Amount of Insurance is fully reinstated or the policy has expired. Aircraft Policy Page 3 F 360 ATTV DECLARATIONS PAGE AND ANY ENDORSI&NTS S. Notice, Assistance and Cooperation of the Insured, and Protection of Salvage (a) Notice In the event of accident, occurrence or loss, written notice shall be given by or on behalf of the Insured, as soon thereafter as possible, to the Aviation Managers at any of its offices whose address is listed on the Declarations Page of the policy. Such notice shall contain particulars sufficient to identify the Insured, the time, place and par- ticulars of the accident, occurrence or loss, names and addresses of the injured and of available witnesses. In the event of loss by theft or conversion, the Insured shall also promptly notify the police. If claim is made or suit is brought against the Insured, the Insured shall imme- diately forward to the Aviation Managers every demand, notice, sum- mons or other process received by him or his representative. (b) Assistance and Cooperation of the Insured The Insured shall cooperate with the Company and upon the Company's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits. The Insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for such immediate medical and surgical relief to others as shall be imperative at the time of occurrence. In the event of loss by theft or conversion, the Named Insured shall cooperate with the Company including by replevin proceedings or otherwise, in and about the recovery of the aircraft or parts thereof. (c) Protection of Salvage In the event of any loss or damage to an aircraft to which a Hull Coverage applies, whether such loss or damage is insured against herein or not, the Named Insured shall protect the aircraft from other or further loss or damage, and any such other or further loss or damage due to the named Insured's failure to so protect, shall not be recoverable under this policy. Where the loss or damage incurred is subject to claim under a Hull Coverage, then all reasonable expense thus incurred by the Named Insured in protecting the aircraft from further loss or damage shall also constitute a claim under the Hull Coverage. 9. Proof of Loss and Examinations (a) Medical Coverage As soon as practicable, the injured person or someone on his behalf shall give to the Company written proof of claim, under oath if required, and shall, after each request from the Company, execute authorizations to enable the Company to obtain medical reports and copies of records. The injured person shall submit to physical examinations by physicians selected by the Company when and as often as it may reasonably require. (b) Hull Coverages Within ninety days after the occurrence of the loss or damage, the Named Insured shall execute and file with the Aviation Managers sworn proof of interest and loss on its form there- for, which form will be furnished on request and include such infor- mation as the Aviation Managers may reasonably request. The Named Insured shall further submit to examinations under oath by any person or persons named by the Aviation Managers, exhibit the damaged property, produce for the Aviation Managers' examination all- pertinent records and invoices, permitting copies thereof to be made, all at such reasonable times and places as the Aviation Managers shall designate. Aircraft Policy This policy is not valid or complete unless a Declarations Page, approved by the Aviation Managers and countersigned by an Authorized Representative, is attached hereto. The Company shall not be held to have waived any provision or con. dition of this policy, or any forfeiture thereof, by any requirement, act or proceeding on its part relating to appraisal, or any inspection, investigation or examination under oath herein provided for. 10. When Loss Payable (Hull Coverages) The amount of loss for which the Company may be liable (the amount of any premiums not paid by the Insured and any other indebtedness of the Insured to the Company at the Company's option, being first deducted) shall be payable thirty days after proof of loss, as herein provided, is filed with the Aviation Managers and ascer- tainment of the loss is made either by agreement between the Named Insured and the Aviation Managers expressed in writing or by the filing with the Aviation Managers of an award as hereinafter pro- vided, and the compliance by the Named Insured with all of the other requirements of this policy. 11. Appraisal (Hull Coverages) In case the Named Insured and the Company shall fail to agree as to the amount of loss, then, on written demand of either, each shall select a competent and disinterested appraiser and notify the other of the appraiser so selected within twenty days of such demand. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen days to agree upon such umpire, then on request of the Named Insured, or the Company, such umpire shall be selected by a judge of a court of record in the state in which the property cov- ered is located. The appraisers shall then appraise the loss, stating separately the amount of loss to each item, and failing to agree, shall submit their differences, only, to the umpire. An award in writing, so itemized, of any two when filed with the Aviation Managers shall determine the amount of loss. Each appraiser shall be paid by the party selecting him and the expenses of appraisal and the umpire shall be paid by the parties equally. 12. Rights Against Third Parties (Hull Coverages) The Hull Coverage afforded under this policy shall not inure directly or indirectly to the benefit of any third party. Any act or agreement by the Named Insured whereby any right of the Named Insured to recover the full value of, or amount of damage to, any property lost or damaged and insured hereunder, from any third party liable therefor, is released, impaired or lost, shall relieve the Company from any liability under this policy for or on account of any such loss or damage, but the Company's right to retain or recover the premium shall not be affected. This Condition shall not apply to an Airport Contract. 13. Financial Responsibility Laws (Liability Coverages) When this policy is certified as proof of financial responsibility under the provisions of any aircraft financial responsibility law, such insur- ance as is afforded under the Liability Coverages for injury to person or property shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law, but in no event in excess of the limits of liability stated in this policy. The Insured agrees to reimburse the Company for any payment made by the Company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. Page 4 F 360 2c Decl tions Page of USAIG Aircraft P91ic� A ' 4or attachment to USAIG Policy Form F36O) " U9I4�G This Declarations Page and all Endorsements issued to form a part hereof, No. 360* — .571J4 together with your Policy Jacket, form your complete insurance policy. - ��� —Qa• 360 -39113 Forma PeDq Numb.r Declarations Items: 1. Name and address of Named Insured City of Newport Beach, California , City Hall 3300 Newport Boulevard Newport Beach, California 92660 2. The policy period shall be From 02/01/76 to 02/01/79 beginning and ending at 12:01 A _ M_ Standard Time at the above address. 3. The Named Insured is an Eahose business is Municipality 4. Particulars of Aircraft (A) Individual (B) Corporation (C) Partnership (D) Other Year, Ma .,M.d.1.nd Type I FAA Pass. Cap Airw rt iness Id.ntiEcotion Exd. Crew Cxt. Category See Endorsement Number One. Standard S. Pilots. This policy shall not apply to an aircraft while in flight unless operated by the following pilot(s): See Endorsement Number Three. 6. Purposes, This policy applies to any use of the aircraft except a use for which a charge is made to others, unless otherwise stated herein: See Endorsement Number Three. 7. ownership. Named Insured is the sole and unconditional owner of the aircraft unless otherwise stated herein: 8. Loss, if any, under the Hull Coverages shall be payable as interest may appear, to the Named Insured and to: 9. The aircraft is principally based in the State of California 10. The insurance afforded herein is only with respect to such of the following Liability, Medical or Hull Coverages opposite which a specified Limit of Liability or Amount of Insurance is stated. Each coverage is as defined in the Insuring Agreements and the Limits of the Company's Liability therefor shall be as stated herein below, subject to all of the terms of this oolicv havine reference thereto. Liability Coverages Limits of Liability Coverage A Bodily Injury Excluding Passengers h i each person occurrence Coverage B Property Damage g P Y g each occurrence Coverage C Passenger Bodily Injury Z person = each Coverage D Single Limit Bodily Injury and Property Damage i See End. #JL . occurrence Coverage E Sinele Limit Bodily Injury (excluding passengers) and Property Dama e f each oaurrenca _ lCoverage F Medical Coverage Crew I i — each ner an Hull Covera es g Coverage G All Risks while not in Flight, and g Limited Risks while in Flight Coverage H All Risks Not tnMohon Deductible $ — $ at, Deductible $ — $ Amount of Insurance i — $ Form numbers of endorsements forming a part of this Policy on its effective date: *Total premium for First Annual Period (See Paragraph 2 of Endorsement Number 3.) Issued through the Aviation Managers on 02/1076 (Date) Coun ign I at by Authorized Rap .... r ativa Premium $ See Below Endorsement Premiums S Included Total Premium $ 4,100.00 * Approved: ITED STAT IATI U ' T S, INCORPORATED via an c b , 1. 2. 3. 4. 5. 1. 2. 3. 4. 5. In consideration of the additional premium stated below: 1. Item 4 of the Declarations shall include the following additional aircraft: 4. Particulars of Aircraft Year, Make, Model and "e 70 Hughes 300C Helicopter FAA Identification N -9626F PosaiurgerC.accIP, Excluding Crew 1 Airwoq ineaa Certificate Category Standard 70 Hughes 300C Helicopter N -9627F 1 Standard oars t $ occurrence Coverage B Standard $ e o<cacvh rrenm Coverage C Standard each $ occurrence Coverage D Standard 2. With respect to the above described aircraft, Item 10 of the Declarations shall read as follows: 10. The insurance afforded herein with respect to each aircraft is: A. only with respect to such of the following Liability or Medical Coverages opposite which a specified Limit of Liability is stated, suoJect to a maximum timiti or "uu,uuu.uu per passengers B. only with respect to such Hull Coverage as is indicated as applicable in the following schedule, subject to the Deductibles and Amount of Insurance stated for the aircraft: FAA Identification Liability Coverages I Limits of Liability Amount of Insurance Coverage A Bodily Injury Excluding Passengers S oars t $ occurrence Coverage B property Damage $ e o<cacvh rrenm Coverage C Passenger Bodily Injury is each $ occurrence Coverage D Single Limit Bodily Injury and Property Damage _ $ s C)01J, 000 o 0n* eacwh ccrence Coverage E Single Limit Bodily Injury (excluding passengers) and Property Damage $ each ren Coverage F Medical Coverage Crew _ I$ each oarsan suoJect to a maximum timiti or "uu,uuu.uu per passengers B. only with respect to such Hull Coverage as is indicated as applicable in the following schedule, subject to the Deductibles and Amount of Insurance stated for the aircraft: FAA Identification Hull Coverages g S Not In Motion Deductible In Motion Deductible Amount of Insurance $ $ Coverage _ $ $ $ _ Coverage _ $ $ $ _ Coverage _ $ $ $ _ Coverage _ _ $ $ $ Coverage — Each coverage is as defined in the Insuring Agreements and the Limits of the Company's Liability therefor shall be as stated herein above, subject to all of the terms of this policy having reference thereto. Additional Pternium $ ................ (111.(,r.1md a. ) ............................................. .............................._ Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the polity, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach. California 02/01/76 12'01 A. Me_ Approved: UNITED STATES Av1ATION UNDERWRITERS, INCORPORATED (Dale and Hour Endonomom Efteoivel Aviati n Managers 1- 360-57134 I Endoaement Number) (Policy Number) by F -76dD 1. Particulars of Aircraft Item 4 of the Declarations (Particulars of Aircraft) shall include Non -Owned Aircraft as defined herein. Q. Definition of Non -Owned Aircraft "Non -Owned Aircraft" means any aircraft which is used in the business of the Insured and registered under a "Standard Category Air- worthiness Certificate" issued by the FAA, but the term "Non -Owned Aircraft" does not include any aircraft: A. owned in fall or in part or registered in the name of 1. the Named Insured, or 2. any organization stated in Paragraph 3 below to be an Insured, B. to which in the absence of this mdonement any of the liability Coverages of the policy applies, C. if any charge for its use is [Dade to others by any Insured $. The following Paragraphs A, B, C, D, E and F, apply ONLY WITH RESPECT TO NON -OWNED AIRCRAFT: A. Definition of Insured Under the Definitions section of the policy, definition of "Insured" is changed to read as follows: "Insured" means ........ ... ......the.... Na Actd.... Y11833IEC1—•----_.. ..._.......... ......................... and any executive officer or director of the above while acting in his capacity as such provided that no person shall be an Insured as respects any aircraft owned in full or in part by or registered in the name of such person or any member of his household. B. Exclusions Exclusion (g) of the policy is deleted in its entirety. The following exclusions (x) and (y) are added to the policy as follows: (x) to liability arising out of the handling or use of, the existence of any condition in or a warranty of aircraft products manufactured, sold, handled or distributed by the Insured. (y) to injury to or destruction of property (1) owned, rented, or occupied by the Insured or (2) used by or in the rare, custody or control of the Insured or (3) as to which the Insured is for any purpose exercising physical control or (4) carried by, in or on any aircraft with respect to which insurance is afforded. C. Pilots Item 5 of the Declarations is changed to read as follows: This policy shall not apply to an aircraft while in flight unless operated by an FAA Certificated Pilot. D. Limits of Liability Item 10 of the Declarations is changed to read as follows: ID. The insurance afforded herein is only with respect to such of the following Liability Coverages opposite which a specified Limit of Liability is stated. Each coverage is as defined in the Insuring Agreements and the Limits of the Company's Liability therefor shall be as stated herein below, subject to all of the terms of this policy having reference thereto. E. Reports* Subject to a maximum limit of $500,000.00 per passenger. Whenever a non -owned aircraft is used for any period exceeding seven consecutive days, the Named Insured agrees to report such use, and the particulars of the aircraft, to the Aviation Managers, as soon thereafter as may be practicable and to pay a premium thereon to be determined by the Aviation Managers. F. Other Insurance The Policy Condition entitled Other Insurance is changed to read as follows: Except with respect to insurance specifically purchased by the Named Insured to apply in excess of this policy, if there is other insurance in the Insured's name or otherwise, against loss, liability or expense covered by this policy, this insurance shall be excess insurance over any other valid and collectible insurance available to the Insured, either as an Insured under a policy applicable with respect to the aircraft or otherwise and, if such other insurance available to the Insured shall have been written through the Aviation Managers, the Limit of the Company's Liability applicable to such loss under this policy shall be reduced by the applicable limit of liability under such other available insurance. Additional Premium for this Endorsement Ineluded) $ ................................. ............................... _...... _ Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach, California 02/01/76 12: 01 A. M. _ Approved: UNITED s A ON UNDERWRITERS, INCORPORATED (Dote and Hour Endorsement Effective) Av o Managers 2 360 -573. (Endorwment Number) (Policy Number) by �` t F -366 Fgp6 Liability Coverages Limits of Liability Coverage A Bodily Injury Excluding Passengers f eacha„ $ each,,,ence Coverage B Property Damage $ each occurrence Coverage C Passenger Bodily Injury f each $ e each occurrence ccurrence Coverage D Single Limit Bodily Inium and Propertv Damage L54000.000.00* each eacerrence E S Single Limit Bodily Injury (excluding passengers) and Property Damage each — E. Reports* Subject to a maximum limit of $500,000.00 per passenger. Whenever a non -owned aircraft is used for any period exceeding seven consecutive days, the Named Insured agrees to report such use, and the particulars of the aircraft, to the Aviation Managers, as soon thereafter as may be practicable and to pay a premium thereon to be determined by the Aviation Managers. F. Other Insurance The Policy Condition entitled Other Insurance is changed to read as follows: Except with respect to insurance specifically purchased by the Named Insured to apply in excess of this policy, if there is other insurance in the Insured's name or otherwise, against loss, liability or expense covered by this policy, this insurance shall be excess insurance over any other valid and collectible insurance available to the Insured, either as an Insured under a policy applicable with respect to the aircraft or otherwise and, if such other insurance available to the Insured shall have been written through the Aviation Managers, the Limit of the Company's Liability applicable to such loss under this policy shall be reduced by the applicable limit of liability under such other available insurance. Additional Premium for this Endorsement Ineluded) $ ................................. ............................... _...... _ Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach, California 02/01/76 12: 01 A. M. _ Approved: UNITED s A ON UNDERWRITERS, INCORPORATED (Dote and Hour Endorsement Effective) Av o Managers 2 360 -573. (Endorwment Number) (Policy Number) by �` t F -366 Fgp6 It is agreed that: 1. Item 5 of the Declarations is changed to read as follows: Item 5. Pilots. Mechanics who are licensed by the FAA for Rotorcraft Maintenance are permitted to start and run engines for the purpose of testing engines, rotor and instruments, but this policy otherwise shall not apply to an aircraft while in flight unless operated by the following pilot (s): A. James L. Golfos, Gregory L. Hein, Charles G. Olmstead, Donald M. Anderson, Tim A. Grundeman, or Harry W. Williams, each holding an FAA Commercial Pilot Certificate with Helicopter Rating. B. Any pilot holding an FAA Commercial Pilot Certificate with Rotorcraft Rating who has flown a minimum of 1000 hours as Pilot In Command of a rotary wing aircraft, at least 250 hours of which shall have been in Hughes 300 Helicopters. 2. A. The policy period stated in the Declarations is comprised of three consecutive annual periods with anniversary billing dates of February 1, 1977 and February 1, 1978. B. Within thirty (30) days prior to each anniversary date of this policy the Named Insured and the Aviation Managers shall negotiate the premium to apply for the following annual period. In the event of failure to reach agreement thereon, the policy will automatically terminate on such anniversary date. 3. The Named Insured may receive reimbursement for direct operating expenses, or enter into reciprocal agreements with other muni- cipalities, excluding any profit. 4. The number of days required for written notice of cancelation to be mailed to the Named Insured b the Company or the Aviation Managers is amended to sixty (60) days instead of ten (10) days as required under the terms of Condition 20 of the policy. 5. A. The Company agrees that it will not use, either in the adjustment of claim or in the defense of suit against the Insured, the immunity of the Insured from tort liability unless requested by the Insured to interpose such defense. B. The Insured agrees that the waiver of the defense of immunity shall not subject the Company to liability for any portion of a claim, verdict or judgment in excess of the limits of liability stated in the policy. End. #3. - 1 F -.2. -.. ! � _ ._ _ .. i .. ,..._ , � _ -_ << � _ ,. .. uuRic • s 6. Insuring Agreement IV is changed to include the following: Over water flights not greater than twenty -five nautical miles from the nearest land. 7. Such insurance as is afforded under this Policy shall not apply to the carrying of FAA designated external rotoreraft load combinations Class A. B, and C, fire patrol, fire fighting, aerial application, and power and pipeline patrol. However, the term nfire fighting" shall not be deemed to include patrol, surveillance, rescue, and other uses incidental to public work. 2 Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and fortis a part of the below numbered policy issued to: City of Newport Beach, California 02/01/76 12:01 A. M. (Date and Hour Endorsement Effective) 3. 360 -57134 lEndcnement Numbrl (Policy Number) F - %7 F�7 Approved: UN TEs AVIATION UNDERWRITERS, INCORPORATED Avi n Managers C by ' USRIG 0 0 This policy does not apply to injury to persons or property arising out of the 2nvirorunental disturbance hazard or to sums claimed or awarded as damages to the extent that such sums represent payment or compensation for the taking of or exercise of rights with respect to the property of others. Environmental disturbance hazard means: 1. Noise (whether audible to the human ear or not) or vibration, including sonic boom and similar phenomena associated with trans -sonic and supersonic movement, generated by the movement or operation of aircraft or any part thereof; 2. pollutants released into earth, air, water or any disposal system; 3. interference with the quiet enjoyment of property by overflight or other operation of aircraft in proximity thereto; but the environmental disturbance hazard does not include such noise, vibration, pollutants or interference resulting from crash or collision of a vehicle or from an emergency causing abnormal aircraft operations. Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: 02/07./76 12:07 A. M. — — (D.r..�d Nwr rnd.rr.m.nt WH div.? 4. 360 -57134 (E.d.R..1.M Numb.d (P•lie, N..Wrl F -530 G/A - 3/71 Approved: UNITED STATES Av1ATION UNDERWRITERS, INCORPORATED fAvi n Ma nagers i IK� I • U45R/G WARNING Unless you have automobile or aircraft insurance written by a Mexican Insur- ance company, you may spend many hours or days in jail, if you have an accident in Mexico. Insurance coverage should be secured from a company licensed under the laws of Mexico to write such insurance in order to avoid complications and some other penalties possible under the laws of Mexico, including the possible impoundment of your automobile or aircraft. Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the polity, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach, California 02/01/76 12:01 A.M. Approved: UNITED STATES AVIATION UNDERWRITERS, INCORPORATED (Dote and Hour Endorsement Effective) /�� Avis n Manages 4 360 -5713A /���!✓�� (Endorsement Number) (Policy Number) by " F -371 Date February 23, 1977 This Is to certify to City of Garden Grove whose address is Garden Grave, California that CITY OF NEWPORT BEACH, CALIFORNIA whose address is City Hall, 3300 Newport Boulevard, Newport Beach, California 926 is at this date insured, only as per policy numbers indicated below, = with one or more of the companies, Members of the USAIG: , Hughes 300C Helicopters, N9626F and N9627F LIMITS OF LIABILITY NOT LESS THAN: KIND OF INSURANCE POLICY NUMBER E%PIR. DATE EACH PERSON EACH ACCIDENT AIRCRAFT LIABILITY Public Liability — Passenger Liability_._. _ Property Damage 360 -57134 — 02/01/78 -- XXXXXXXXXXXXXXXXXX _ $ Single Limit (PL, PD, Pass.) _ XXXXXXXXXXXXXXXXXX _ 5,000,000.00* AIRPORT LIABILITY *Subject to a naximum limit of $500,000.00 per passenger. Bodily Injury x _ _$ _$ Property Damage _ _ XXXXXXXXXXXXXXXXXX —$ HANGARICEEPERS X EACH AIRCRAFT LIABILITY WORKERS' COMP. X _ EMPLOYER'S LIAR. _ X AIRCRAFT HULL x _ SEE RIE;VERSE -. .,. The Aviation Managers of the USAIG (United States Aircraft Insurance Group) agree that in the event of cancelatlon of the policy(ies), they will endeavor to give the party to whom. this.Certificate is issued 10 days advance notice of such cancelation, but the Aviation Managers shall not be liable in any way for failure to give such notice. UNITED STATES AVIATION UNDERWRITERS, INC., Aviation Managers address: F-108 REV. 9/75 Glendale, California 91203 -qUzO;TTeO •9n03E) uapae0 ;0 A4TO 9q3 0; OTgeTTgna aouasnsuT 9TgT4o9TToo Pug pTTeA iaggo .Cue nano aoursnsur ssaoxa aq TTegs aougsnsur 9-r Z anoaD uapaeq ;o AjTD aqq ;o ;Tegaq uo peansul pauieN aqq Aq pauuo ;aad suoT;eaado o; ;oadsaa q- 4Tm-ATuv inq AaTTod srq-4 sapun pa.xnsu= ue sg-papnTour sr'eruzo;TTea '.aADID uapze0 ;o A-4To aq; 'sabea9Aoo A4TTTgeTa aq4 04 ATuo gaadsaz g4TIA 'T :smOTT09 sg gau.d uT pas.:opua st %£TLS -09£ AOTTOd Date February 23, 1977 rs: f �A�as9 This is to certify to The Irvine Company Py1 �Z 1 7 1977 whose address is 550 Newport Center Drive, Newport Beach, California 92660 that CITY OF NEWPORT BEACH, CALIFORNIA whose address is City Hall, 3300 Newport Boulevard, Newport Beach, California 92660 is at this date insured, only as per policy numbers indicated below, MPMMW with one or more of the companies, Members of the USAIG: Huahes 300C Helicooters *19626F and 7 6 7F LIMITS OF LIABILITY NOT LESS THAN: KIND OF INSURANCE POLICY NUMBER EXPIR. DATE EACH PERSON EACH ACCIDENT AIRCRAFT LIABILITY Public Liability _ _ $ 500, 000.00 _$ 1, 000, 000.00 Passenger Liability! _ _$ 500, 000.00 _$ 500, 000.00 Property Damage 360 -57124 _ 02/01/73_ XXXXXXXXXXXXXXXXXX —$ 100, 000.00 Single Limit (PL, PD, Pass.) _ _ XXXXXXXXXXXXXXXXXX _ – AIRPORT LIABILITY Bodily Injury _ x _ _ $ —$ Property Damage _ _ XXXXXXXXXXXXXXXXXX _$ HANGARKEEPERS R EACH AIRCRAFT LIABILITY _ _$ _$ WORKERS' COMP. x _ EMPLOYER'S LIAR. _ X AIRCRAFT HULL x _ SEE REVEMME The Aviation Managers of the USAIG (United States Aircraft`Irisura`nce Group) 'agree- bit i6 the .event of cancelation of the policy(ies), they will endeavor to give the party to whom this, Certificate, is issued 10 days advance notice of such cancelation, but 'the Aviation' Managers shall not be liable in any way for failure to give such notice. UNITED STATES AVIATION UNDERWRITERS, INC., Aviation Managers a ress:5# North Brand Boulevard, Glendale, California 92103 8108 REV. 9/75 Policy 360 -57134 is endorsed in part as follows: 1. it is agreed tha Exclusion (c) shall riot apply to the liability assumed.by the Named. T- nsured.under..the..License.... Agreement entered into between the City of Newport Beach and the Irvine Company dated February 13, 1976, copy on file with the Aviation Managers. 2. With respect only to the Liability Coverages, The Irvine Company is included as an Insured under this policy but Grl"y w4th respc..t to cperm.tion6 by or :i.n. the business of the Named Insured. 0 - THE AETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut THE REINSURANCE CORPORATION OF NEW TONR New York, New York AETNA INSURANCE COMPANY Hartford, Connecticut RELIANCE INSURANCE COMPANY Philadelphia, Pennsylvania - _ - CONTINENTAL CASUALTY COMPANY ST. PAUL FIRE AND MARINE INSURANCE COMPANY' - Chicago, Illinois St. Paul, Minnesota EMPLOYERS COMMERCIAL UNION SECURITY INSURANCE COMPANY OF HARTF080 INSURANCE COMPANY,- Hartford, Connecticut ` New York New Volk THE TRAVELERS INDEMNITY COMPANY .a EMPLOYERS MUTUAL LIABILITY INSURANCE Hartford, Connecticut - - .- COMPANY OF WISCONSIN Wausau Wtscensin ' UNITED STATES FIDELITY AND GUARANTY COMPANY' - Baltimore, Maryland .HARTFORD FIRE INSURANCE COMPANY Hartford, Conneadoul UNITED STATES FIRE INSURANCE COMPANY ' - New York, New York MARYLAND CASUALTY:GOISRANY Baltimore Maryland' ZURICH INSURANCE 00111UP" n . , GMCaSo,. Illinois Managed by United States Aviation Underwriters, Inc. iJ Home Office: 110 William St., New York, New York 10038 i cmna srmrs arxnrae!nwxnnn cnonv F -3600 IRev. 1.72) The Companies masted on the face &is policy, herein collectively called the Coil y, in consideration of The payment of the premium and in reliance upon the !h!Carattons, and subject to the Limits of Linbilit artd all of the other terms of This policy, do jointly and severally agree teitb the Named Insured, as follows; DEFINITIONS Wherever used in Los policy: "aircraft" means the landplane, seaplane, amphibian or rotor-raft spe- cifically described in this policy and shrill include (operating, navigating and radio equipment usually attached thereto, including parts tcmpo- rarily detached from the aircraft if not replaced by other similar parts, and tools and repair equipment therein which are standard for the make and type of aircraft. "Airport Contract" means a written agreement required by statute or ordinance or by any rule or regulation promulgated by any Federal, State, County or Municipal Authority as a condition to the use of an airport or airport facility. "Airwortbine.rr Certificate" means the certificate so named in the- Fed- eral Aviation Act of 1958 with its amendments and under the Civil Air Regulations or the Federal Aviation Regulations. "Aviation Dfanagers" means United States Aviation Underwriters, Inc. "Federal Aviation Administration" or "F A.AP means the duly con. stituted authority of the United States of America having jurisdiction over civil aviation. "injury ", as respects any person, means bodily injury, sickness or dis- ease, including mental anguish or death resulting therefrom; and, as respects any property, means injury to or destruction of property in- cluding the loss of use thereof. "in flight" means the time commencing when the aircraft (other than a rotorcraft) moves forward in attempting to take -off and continuing thereafter until it has completed its landing run. A rotorcnaft shall be deemed to be "in flight' when the rotors are in motion as a result of engine power, the momentum generated therefrom, or autorotation. REPORT ALL CLA;K,3 IMMEDIATELY TO UPKEL STATES A IA004 616$0. 45�,.Sihf� :•.._i, f ". LOS ??s•o .:S ; "in motion" means all times when the aircraft is "in flight" and, in addition, whenever the aircraft is moving under its own power or the momentum generated therefrom. "Insured" means the Named Insured -and, with respect only to the Liability Coverages, :dso means -,-nv person while using or riding in the aircraft and any person or orzanization Icgally responsible for the use thereof, provided the actual ax of the aircraft is by the -Named Insured or with his permission; and further provided that, other than the Named Insured, none of the following shall be an Insured: (a) any person or organization, or any agent or employee thereof, engaged in the manufacture .hr sale of aircraft, aircraft engines or aircraft accessories or in the operation of an aircraft repair shop, aircraft sales agency, aircraft rental service, commercial flying service or flying school with respect to any occurrence arising out of such manufactw'c, sale or operations, but this provision does not apply to any employee of the \amcd Insured while acting in the course of his employment by the Named Insured; (b) any employee with resped to injury of another employee of the same employer injured in the course of such employment. "Named Insured" means the individual, partnership, corporation or other entity whose name is states in Item I of the Declarations. 'occurrence" means an accident, or a continuous or repeated exposure to conditions, which results in injury during the policy period, pro. vided the injury is neither expected nor intended from the standpoint of the Insured. All damages arising out of such exposure to substan- tially, the sanhe gcncral conditions shall be deemed to arise out of one occurrence. "passenger" means any person in or entering the aircraft for the purpose of riding therein or alighting therefrom following a flight or attempted flight therein. INSURING AGREEMENTS I. Liability Coverages ant, or other crew member of the aircraft, unless "crew" is expressly To pay on behalf of the Insured all sums which the Insured shall specified as included in the Declarations. become legally obligated to pay as damages because of: III. Hull Coverages Coverage A injury sustained by any person except a passenger, To insure against Coverage B irjury to property, Coverage C injury sustained by any passenger, Coverage D injury sustained by any person, and injury to property, Coverage E injury sustained by any person, except a passenger, and injury to property, caused by an occurrence and arising out of the ownership, maintenance or use of the aircraft. II. Medical Coverage Coverage F To pay all reasonable expenses incurred within one year from the date of accident, for necessary medical, surgical, dental, ambulance, hospital, professional nursing and funeral services, to or for each passenger who sustains injury caused by accident, provided the aircraft is being used by the Named Insured or with his permission. This Coverage shall not apply to any pilot, attend- Coverage G all risks of physical loss of or damage to the aircraft while not in flight and only such physical loss of or damage to the aircraft while in flight which is directly caused by theft, rob- bery, vandaiisna, lightning, fire ar explosion, excluding lire or explosion caused by or resulting from crash or collision of the aircraft with the ground, water or any object. Coverage H all risks of physical loss of or damage to the aircraft. The aircraft shall be presumed lost in flight if it dis. appears after take -off and is not located nor its where abouts reported within sixty days thereafter. IV. Policy Period and Territory This policy applies only to occurrences, accidents or losses which hap. pcn during the policy period while the aircraft is within the United States of America, its territories of possessions, Canada or Mexico, or Corning between points within these places. Aircraft Policy Page 1 F 36o 00 EXCLUSIONS •, None of the Coverages applies: (a) to any aircraft not registered voider a "Standard" Category Air- worthiness Certificate issued by the Federal Aviation Agency. (b) while the aircraft is (1) owned, maintained or used for any put- pose other than as stated in the Declarations or (2) operated, while in flight, by other than the pilot or pilots as stated in the Declarations. The Liability Coverages do not apply: (c) to liability assumed by any Insured under any contract or agree- ment except liability assumed by the Named Insured under an Airport Contract. (d) to injury to persons or property caused intentionally by or at the direction of the Insured, except an injury to persons resulting from an assault and battery committed for the purpose of prevent- ing dangerous interference with the operation of the aircraft. (e) to any obligation for which the Insured or any company as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; or, except with respect to liability assumed by the Named Insured under an Airport Contract, to injury to any' employee of the Insured arising out of anc in the course of (1) domestic employment by the Insured, if benefits therefor are m whole or in part either payable or required to be provided under any workmen's compensation law, or (2) other employment by the Insured. (f) to injury to any aircraft, the use of which is the subject of such Coverages. (g) to injury to property owned by, rented to, in charge of or trans- ported by the Insured but this exclusion doe; not apply, as respects the Named Insured, to: (1) damages not exceeding $200.00 for injury to the personal effects and baggage of any one guest passenger in any one occurrence, or (2) damages not exceeding $1,000.00 in all during the policy period for injury to harigAs or contents thereof not owned by the Insured. The Medical Coverage does not apply: (h) to any expense for services to or for any employee of the Insured, to the extent that such services are required to be provided as benefits under any workmen's compensation law. The Hull Coverages do not apply to loss or damage: (i) while the aircraft is subject to any bailment lease, conditional sale, mortgage or other encumbrance not specifically declared and de- scribed in this policy, or if the interest of the Named Insured be or become other than owner, or as stated in the Declarations. (j) due to conversion, embezzlement, or secretion by any person in lawful possession of the aircraft under a lease or rental agreement, conditional sale, mortgage or other encumbrance. (k) to tires, other than by theft, vandalism or malicious mischief, un- less such bass or damage is the direct result of other physical dam- age, covered by this policy, to the aircraft. (1) due and confined to wear and tear or deterioration or to freezing or mechanical or electrical breakdown or failure, unless such loss or damage is the direct result of other physical damage, covered by this pokey, to the aircraft. (in) resulting from ( I ) capture, seizure, arrest, restraint or detention or the consequences thereof or of any attempt thereat, or any taking of the property insured or damage to or destruction thereof by any Government or governmental authority or agent (whether secret or otherwise) or by any military, naval, or usurped power, whether any of the foregoing be done by way of requisition or otherwise and whether in time of peace or war and whether law- ful or unlawful; (2) war, invasion, civil war, revolution, rebellion, insurrection or warlike operations, whether there be a declaration of war or not. LIMIT OF THE COMPANY'S LIABILITY With respect to Liability Coverages A and C: the limit of liability stated in the Declarations as applicable to "each person" is the limit of the Company's liability for all damages, includ. ing damages for care and loss of services, arising out of injury, sustained by one person as the result of any one occurrence, and the limit of such liability stated therein as applicable to "each occurrence" is, subject to the above limitation respecting each person, the total limit of the Company's liability for all damages, including damages for care and loss of services, arising out of injury sustained by two or more persons as a result of any one occurrence. With respect to Liability Coverages B, D and E: the limit of liability stated in the Declarations is the limit of the Company's liability for all damages arising out of any one occurrence. With respect to the Medical Coverage: the limit of liability stated in the Declarations as applicable to "each person" is the limit of the Company's liability for all expenses incurred by or on behalf of each person who sustains injury in any one accident. The Company may pay the injured person or any person or organization rendering the services and such payment shall reduce the amount pay- able hereunder for any such injury. Payment hereunder shall not con- stitute an admission of liability on the port of the Insured or the Company. With respect to the Hull Coverages: A. The limit of the Company's liability for loss of or damage to the aircraft shall be: (1) in case of total loss, the Amount of Insurance applicable to the aircraft, less the applicable deductible. (2) in case of partial loss (a) if repairs are made by a Named Insured, the total of the following items less the applicable deductible: (1) the Named insured's cost fur necessary material and parts of like kind and quality, (2) wages paid for labor at current straight time rates at the place of repair with no premium for overtime, plus 100lo of such wages as an allowance for overhead and supervision, (3) transportation costs. (b) if repairs are made by other than a Named Insured, the net cost to the Named Insured, excluding all premium charges for overtime, to repair the aircraft with material and parts of like kind and quality, and transportation costs, less the applicable deductible. The "In Motion Deductible" as stated in the Declarations shall apply to each loss occurring while the aircraft is in motion. The "Not In Motion Deductible" as stated in the Declarations shall apply to each loss occurring while the aircraft is not in motion except no deductible shall apply to any such loss caused by fire, explosion, lightning, theft, robbery, vandalism or an accident to the conveyance in or on which the aircraft, while dismantled, is being transported. "Transportation Costs" shall mean the cost of transporting, by the least expensive reasonable means, (a) damaged parts from the site of loss to and from the most practicable place for repair thereof, or (b) replacement parts from the nearest available source to the site of loss; or (c) the aircraft to the most practicable place for repair and, thence, to the site of loss or the Named Insured's home airport, whichever is nearer. B. Where the claim be for theft, conversion, embezzlement, secretion or pilferage, if insured against herein, the return of the property at any time before actual payment of such claim, together with tender of payment for the physical damage, if any, sustained there- to, shalt constitute full satisfaction of such claim. C. Whenever the Company pays a claim in an amount equal to the sum payable for a total loss, it shall at its option be entitled to all remaining salvage value. There shall, however, be no abandonment of the aircraft to the Company without its consent. D. In the event of payment of a total loss, the Company shall pay to the Named Insured, or his order, a sum equal to all unearned Hull Coverage premiums with respect to such aircraft computed pro rata and unless at the time of such loss payment, another aircraft is described in the Declarations for a Hull Coverage, the date of such payment shall become the end of the policy period with respect to all Hull Coverages. L. The liability of the Company shall in no event, for any purpose hereunder, exceed the Amount of Insurance applicable to the air. craft, less the applicable deductible, plus any sun payable under paragraph D, above. Aircraft Policy Page 2 F 360 14. Subrogation The Company, upon payn,eor of any clavereunder, shall be subro gated to all the Insured's rights of recovery therefor against any per son or organization, and the Insured shall execute and deliver all in- struments and papers and cio whatever else is necessary to secure such rights. The Insured shall do nothing after the physical happening of the occurrence which gives rise to a claim hereunder to prejudice or impair such rights of recovery. The Insured shall cooperate with the Company and upon the Company's request shall attend hearings and trials, and shall assist, except in a pecuniary way, in securing and giv- ing evidence, obtaining the attendance of witnesses, and in the conduct of suits for such recovery. 15. Other Insurance Except with respect to insurance specifically purchased by the Named Insured to apply in excess of this policy, if there is other insurance, in the Insured's name or otherwise, against loss, liability or expense cov- ered by this policy, the Company shall not be liable under this policy for a greater proportion of such loss, liability or expense than the applicable Limit of the Company's Liability (as stated on Page 2 of this policy) bears to the total applicable limit of liability of all valid and collectible insurance against such loss, liability or expense, pro- vided, however, that with respect to the extensions of coverage afforded by Conditions 3, 4 and 5, this insurance shall be excess insurance over any other valid and collectible insurance available to the Insured, either as an Insured under a policy applicable with respect to the aircraft or otherwise and, if such other insurance available to the Insured shall have been written through the Aviation Managers, the Limit of the Company's Liability applicable to such loss under this policy shall be reduced by the applicable limit of liability under such other available insurance. 16. Action on Policy No suit or action on this policy for recovery of any loss or claim shall be sustainable in a court of law or equity unless, as a condition prece- dent thereto, the Insured shall have fully complied with all of the terms of this policy, and, (a) with respect to the Liability Coverages, until the amount of the Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall there- after be entitled to recover under this policy to the extent of the insurance afforded thereby. Nothing contained in this policy shall give any persoc or organization a right to join the Company as co- defendant in an action against the Insured to determine the Insured's liability. Bankruptcy or insolvency of the Insured or the insured 's estate shall not relieve the Company of its obligations herein. (b) with respect to the Medical Coverage, until thirty days after the required proof of claim has been filed with the Aviation Managers. (c) with respect to the Hull Coverages, unless such action for recov- ery is commenced within twelve months next after the physical happening of the occurrence which gave rise to the loss or claim. If any limitation of time stated herein is prohibited by the laws of the State wherein this policy is issued, then, in that event, no suit or action on this policy shall be sustainable unless commenced within the shortest limitation permitted under the laws of such State. 17. Action Against the Named Insured Any one of the Companies or the Aviation Managers shall have the power to institute and maintain suits in its own name against the Named Insured�ayment of premiums or for breach of any other obligation aris or by reason of this insurance, and any judgment so obtame release car receipt by any one of the Com- panies or the Aviation Managers shall he binding on all of the Com- panies and the Aviation Managers. 18. Assignment Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon by the Aviation Managers; if, however, the Named Insured shall die within the policy period, this policy, unless canceled, shall, provided written notice be given to the Aviation Managers within sixty days after the date of such death, apply to his legal representatives as the Named Insured. 19, Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this polity 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 by the Aviation Managers. 20, Cancelation This policy may be canceled by any Named Insured by mailing to the Aviation Managers written notice stating when thereafter such can- celation shall be effective. This policy may be canceled by the Com- pany or the Aviation Managers by mailing to the Named Insured at the address shown in this policy written notice stating when not less than ten days thereafter such cancelation shall be effective. The mailing of notice as aforesaid shall he sufficient proof of notice and the effective date and hour of cancelation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Named Insured, the Company or the Aviation Managers shall be equivalent to mailing. If a Named Insured cancels, earned premiums shall be computed in accordance with the customary short rate table and procedure. If the Company or the Aviaton Managers cancel, earned premiums shall be computed pro rata. Premium adjustment may be made at the time cancelation is effected and, if not then made, shall be made as soon as practicable after cancelation becomes effective. The Aviation Man- agers' check mailed or delivered as aforesaid shall be a sufficient tender of any refund of premium due to the Named Insured. 21. Declarations By acceptance of this policy, the Named Insured affirms that the con- tents of the Declarations constitute his agreements and that this policy embodies all agreements existing between himself and the Company, the Aviation Managers or any of the Company's agents relating to this insurance. MUTUAL POLICY CONDITIONS: This policy is nonassessable. The policy holder is a member of the Employers Mutual Liability Insurance Company of Wisconsin and shall participate, to the extent and upon the conditions fixed and determined by the Board of Directors in accordance with the provisions of law, in the distribution of dividends so fixed and determined. NOTICE OF ANNUAL MEETING: The insured is hereby notified that by virtue of this policy he is a member of the Employers Mutual Liabil- ity Insurance Company of Wisconsin and is entitled to vote either in person or by proxy at any and all meetings of the company. The annual meetings are held at the home office at Wausau, Wisconsin, on the third Friday of February in each year at 10:00 o'clock A.M. IN WITNESS WHEREOF, each of the Companies named on the face of this policy has caused this policy to be executed on its behalf by the Aviation Managers but this policy shall not be valid unless a Declarations Page, countersigned by an authorized representative and approved in writing by the Aviation Managers, is attached hereto. UNITED STATES AVIATION UNDERWRITERS, INCORPORATED Aviation Managers President Aircraft Policy Page 5 C:� F 360 0 CONDITIONS 4 1. Two or More Aircraft (2) to the liability of any Insured other than (i) such Named Insured, and (ii) any Insured who is a person designated in When two or more aircraft are insured under this policy, the terms (a) ahove, or the employer of such person, or is a person hereof shall apply separately to each aircraft. designated in (b) above. 2. Separate Insureds (Liability Coverages) The insurance afforded under the Liability Coverages applies separately to each Insured against whom claim is made or suit is brought, but the inclusion herein of more than one Insured shall not operate to increase the applicable limits of the Company's liability. 3. Newly Acquired Aircraft (Liability, Medical and Hull Coverages) If the Named Insured who is the owner of the aircraft described in the Declarations, shall acquire ownership of another aircraft during the policy period and so notifies the Aviation Managers within thirty days following the date of such acquisition, such insurance as is afforded by this policy with respect to the described aircraft, applies to such newly acquired toter, ft as of its acquisition date provided that it either replaces a described aircraft, or is an additional aircraft and the Com- pany insures all aircraft owned by said Named Insured as of such acquisition date. Unless otherwise agreed in writing between such Named Insured and the Aviation Managers, the Coverages, Limits of Liability and Amount of Insurance pertaining to such newly acquired aircraft shall be as follows: (a) Liability and Medical Coverages (1) Replacement Aircraft: Such Coverages and Limits of Liability as were applicable to the replaced aircraft. (2) Additional Aircraft: Such Coverages and Limits of Liability as are applicable to the described aircraft having the most similar passenger capacity excluding crew. (b) Hull Coverages (1) Coverage — Replacement Aircraft: Such Coverage and deductibles as were applicable to the replaced aircraft. (2) Coverage — Additional Aircraft: Such Coverage and deductibles as are ap- plicable to the described aircraft having the most similar Amount of Insurance. (3) Amount of Insurance — Replacement or Additional Aircraft: The actual cost of the aircraft to the Named Insured but not exceeding the highest Amount of Insurance upon any described aircraft. The insurance afforded by this policy terminates upon the replaced aircraft as of the acquisition date of the newly acquired aircraft. The Named Insured shall pay any additional premium required because of the application of the insurance to any newly acquired aircraft. 4. Use of Other Aircraft (Liability and Medical Coverages) If a Named Insured is the sole owner of the aircraft described in the Declarations or, if an individual, is the co -owner thereof with his spouse, any insurance under the Liability and Medial Coverages applicable to the use of such aircraft shall also apply to the lawful use of another aircraft; (a) by or on behalf of such an individual Named Insured ur his spouse if residing in the same household, or (b) by an executive officer of such a corporate Named Insured but only while acting within the scope of his duties as such, except that this insurance shall not apply: (I) if Item 6 of the Declarations permits any use of the aircraft for which a charge is made to others. (;) to any aircraft owned by, hired as part of a frequent use of hired aircraft by, or furnished for regular use to, (i) the Named Insured or (ii) his employer, a member of his house- hold or such member's employer, if the Insured be an indi. vidual or (iii) any of its executive officers, if the Named Insured be a corporation. (4) as respects Medical Coverage, unless the injury results from the operation of the aircraft by a person designated in (a) or (b) above, or on behalf of him by a pilot in his employ, or results from the occupancy of the aircraft by such person. 5, Temporary Use of Substitute Aircraft (Liability and Medical Coverages) While an aircraft owned by the Named Insured is withdrawn from normal use because of its breakdown, repair, servicing, loss or destruc- tion, such insurance as is afforded under the Liability and Medical Coverages with respect to such aircraft applies also with respect to another aircraft not owned by the Named Insured while temporarily and lawfully used as a substitute for such aircraft. This insurance sl:.dl not apply, however, to the liability of any Insured who is the owner of the substitute aircraft or is an agent or employee of such owner. 6, Defense, Settlement and Supplementary Payments. (Liability Coverages) With respect to the insurance afforded under the Liability Coverages, the Company shall: (a) defend any suit against the Insured alleging such injury to person or property and seeking damages on account thereof, even if such suit is groundless, false or fraudulent, but the Company shall have the right to make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy, all premiums on appeal bonds required in any such defended suit, the cost of bail bonds required of the Insured in the event of an occurrence or violation of a law or regulation for civil aviation during the policy period, not to exceed $100 per bail bond, but without any obligation to apply for or furnish any such bonds; (c) pay all expenses incurred by the Company, all costs taxed against the Insured in any such suit and all interest accruing after entry of judgment until the Company has paid, tendered or deposited in court such part of such judgment as does not exceed the limit of the Company's liability thereon; (d) pay expenses incurred by the Insured for such immediate medical and surgical relief to others as shall be imperative at the time of the occurrence; (e) reimburse the Insured for all reasonable expenses incurred at the Company's request, other than for loss of earnings or for wages and salaries of employees of the Insured, and the amounts .so incurred, except for settlements of claims and suits, are payable by the Company in addition to the applicable limit of liability. 7. Automatic Reinstatement (Hull Coverages) In the event of loss or damage to the aircraft, whether or not insured against by this policy, the Amount of Insurance with respect to the aircraft shall be reduced as of the date of loss by the amount thereof and such reduced value shall continue until repairs are commenced. The Amount of Insurance shall then be increased by the value of the completed repairs until the Amount of Insurance is fully reinstated or the policy has expired. Aircraft Policy Page 3 F 360 ATTA *ECLARATIONS PAGE AND ANY ENDORSE *S 8. Notice, Assistance and Cooperation of the Insured, and Protection of Salvage (a) Notice In the event of accident, occurrence or loss, written notice shall be given by o- on behalf of the Insured, as soon thereafter as possible, to the Aviation Managers at any of its offices whose address is listed on the Declarations Page of the policy. Such notice shall contain particulars sufficient to identify the Insured, the time, place and par- ticulars of the accident, occurrence or loss, names and addresses of the injured and of available witnesses. In the event of loss by theft or conversion, the Insured shall also promptly notify the police. If claim is made or suit is brought against the Insured, the Insured shall imme- diately forward to the Aviation Managers every demand, notice, smn- mons or other process received by him or his representative. (b) Assistance and Cooperation of the Insured The Insured shall cooperate with the Company and upon the Company's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits. The Insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for such immediate medical and surgical relief to others as shall be imperative at the time of occurrence. In the event of loss by theft or conversion, the Named Insured shall cooperate with the Company including by replevin proceedings or otherwise, in and about the recovery of the aircraft or parts thereof. (c) Protection of Salvage In the event of any loss or damage to an aircraft to which a Hull Coverage applies, whether such loss or damage is insured against herein or not, the Named Insured shall protect the aircraft from other or further loss or damage, and any such other or further loss or damage due to the named Insured 'a failure to so protect, shall not be recoverable under this policy. Where the loss or damage incurred is subject to claim under a Hull Coverage, then all reasonable expense thus incurred by the Named Insured in protecting the aircraft from further loss or damage shall also constitute a claim under the Hull Coverage. 9. Proof of Loss and Examinations (a) Medical Coverage As soon as practicable, the injured person or someone on his behalf shall give to the Company written proof of claim, under oath if required, and shall, after each request from the Company, execute authorizations to enable the Company to obtain medical reports and copies of records. The injured person shall submit to physical examinations by physicians selected by the Company when and as often as it may reasonably require. (b) Hull Coverages Within ninety days after the occurrence of the loss or damage, the Named Insured shall execute and file with the Aviation Managers sworn proof of interest and loss on its form there- for, which form will be furnished on request and include such infor- mation as the Aviation Managers may reasonably request. The Named Insured shall further submit to examinations under oath by any person or persons named by the Aviation Managers, exhibit the damaged property, produce for the Aviation Managers examination all pertinent records and invoices, permitting copies thereof to be made, all at such reasonable times and places as the Aviation Managers shall designate. This policy is not valid or complete unless a Declarations Page, approved by the Aviation Managers and countersigned by an Authorized Representative, is attached hereto. The Company shall not be held to have waived any provision or con- dition of this policy, or any forfeiture thereof, by any requirement act or proceeding on its part relating to appraisal, or any inspection, investigation or examination under oath herein provided for. 10. When Loss Payable (Hull Coverages) The amount of loss for which the Company may be liable (the amount of any premiums not paid by the Insured and any other indebtedness of the Insured to the Company at the Company's option, being first deducted) shall be payable thirty days after proof of loss, as herein provided, is filed with the Aviation Managers and ascer- tainment of the Toss is made either by agreement between the Named Insured and the Aciatiun Managers expressed in writing or by the filing with the Aviation Managers of an award as hereinafter pro- vided, and the compliance by the Named Insured with all of the other requirements of this policy. 1 1. Appraisal (Hull Coverages) In case the Named Insured and the Company shall fail to agree as to the amount of loss, then, on written demand of either, each shall select a competent and disinterested appraiser and notify the other of the appraiser so selected within twenty days of such demand. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen days to agree upon such umpire, then on request of the Named Insured, or the Company, such umpire shall be selected by a judge of a court of record in the state in which the property cov- ered is located. The appraisers shall then appraise the loss, stating separately the amount of loss to each item, and failing to agree, shall submit their differences, only, to the umpire. An award in writing, so itemized, of any two when filed with the Aviation Managers shall determine the amount of loss. Each appraiser shall be paid by the party selecting him and the expenses of appraisal and the umpire shall be paid by the parties equally. 12. Rights Against Third Parties (Hull Coverages) The Hull Coverage afforded under this policy shall not inure directly or indirectly to the benefit of any third party. Any act or agreement by the Named Insured whereby any right of the Named Insured to recover the full value of, or amount of damage to, any property lost or damaged and insured hereunder, from any third party liable therefor, is released, impaired or lost, shall relieve the Company from any liability under this policy for or on account of any such loss or damage, but the Company's right to retain or recover the premium shall not be affected. This Condition shall not apply to an Airport Contract. 13. Financial Responsibility Laws (Liability Coverages) When this policy is certified as proof of financial responsibility under the provisions of any aircraft financial responsibility law, such insure ance as is afforded under the Liability Coverages for injury to person or property shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law, but in no event in excess of the limits of liability stated in this policy. The Insured agrees to reimburse the Company for any payment made by the Company which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. Aircraft Policy Page 4 F 360 Declar ions Page of USAIG Aircraft Policy r attachment to USAIG Policy Form F3KO) "P` . MOW together Declarations Page and all Endorsements issued to form a part hereof, No. 360o-39113 together with your Policy jacket, form your complete insurance policy. Declarations Items: 1. Name and address of Named Insured Z. The policy period shall be 8. The Named Insured is an 4. Particulars of Aircraft r None Farmer Policy Number City of Newport Beach, California City Hall 3300 Newport Boulevard Newport Beach, California 92660 beginning and ending at L> whose business is Municipality (A) Individual (B) Corporation (C) Partnership (D) Other Standard Time at the above address. -I Year, Make, Mo a cmd T,,. FAA Pass. Cvp Airwort iness Coverage A Id.ntiemtion Esd. Craw Cert. Category oeraon I Coverage B g Standar See Endorsement Number One each occurrence S. Pilots. This policy shall not apply to an aircraft while in flight unless operated by the following pilot(s): See Endorsement Number Three 6. Purposes. This policy applies to any use of the aircraft except a use for which a charge is made to others, unless otherwise stated herem: See Endorsement Number Three 7. Ownership. Named Insured is the sole and unconditional owner of the aircraft unless otherwise stated herein: a. Loss, if any, under the Hull Coverages shall be payable as interest may appear, to the Named Insured and to: 9. The aircraft is principally based in the State of California 10. The insurance afforded herein is only with respect to such of the following Liability, Medical or Hull Coverages opposite which a specified Limit of Liability or Amount of Insurance is stated. Each coverage is as defined in the Insuring Agreements and the Limits of the Company's Liability therefor shall be as stated herein below, subject to all of the terms of this policy having reference thereto. Liability Coverages Limits of Liability Coverage A Bodily Injury Excluding Passengers oeraon 'och occurrence Coverage B g Property Damage P Y & each occurrence Coverage C Passenger Bodily Injury S Person S occurrence Coverage D Single Limit Bodily Injury and Property Damage i See End, No. 1. occurrence Coverage E Single Limit Bodily Injury (excluding passengers) a m < each occurrence Coverage F Medical Coverage Crew _ I ¢ — each rs n Hull Coverages N °' " ti °" Deductible In Deductible M ° " °" Amount of Insurance Coverage G All Risks while not in Flight, and Limited Risks while in Flight — Coverage H All Risks i $ 3 — Form numbers of endorsements forming a part of this Policy on its effective date: *Total premium for first annual period (See Paragraph 3. of Endorsement Number 3.) q Issued through the Aviation Managers on L- (Date). Countersigneclat Los Angeles, C:allfornla by . t" rsed Re nrentatW. F -360 O Premiurn $ 2, 150.00* Endorsement Premiums $ Included Total Premium $ 2, 1'50'00* Approved: NITED SF/.TES A,vJATiON�tJN ERwRITERS, INCORPORATED tatron Mana r . -- M issurance ADDITION OF TWO OR MORE AIR RAFT In consideration of the additional premium stated below: 1. Item 4 of the Declarations shall include the following additional aircraft: 2. 3. 4. 5. 1. 2. 3. 4. 5. 0. Particulars of Aircraft Make, Model and Type FAA Identification Passenger Capacity Excluding Craw Airworthiness Certificate Category Year Model Hughes 300C Helicopter N9626F 1 Standard 70 Coverage B Property Damage I$ _ each occurrence Coverage C Hughes 300C Helicopter N9627F 1 Standard 70 _ $ 3,000,000.00* Mhurrenro Standard Single Limit Bodily Injury (excluding passengers) and Property Damage $ each Standard Medical Coverage Crew ❑ excluded ❑ included $ _ each person Standard — 2, With respect to the above described aircraft, Item 10 of the Declarations shall read as follows: 10. The insurance afforded herein with respect to each aircraft is: A. only with respect to such of the following Liability or Medical Coverages opposite which a specified Limit of Liability is stated, *Subject to a maximum of $500,000.00 per passenger seat. B. only with respect to such Hull Coverage as is indicated as applicable in the following schedule, subject to the Deductibles and Amount of Insurance stated for the aircraft: FAA Identification Liability Coverages I Limits of Liability. Amount of Insurance Coverage A Bodily Injury Excluding Passengers $ $ eaartenro Coverage B Property Damage I$ _ each occurrence Coverage C Passenger Bodily Injury each $ _ °«ur Coverage D Single Limit Bodily Injury and Property Damage _ $ 3,000,000.00* Mhurrenro Coverage E Single Limit Bodily Injury (excluding passengers) and Property Damage $ each Coverage P Medical Coverage Crew ❑ excluded ❑ included $ _ each person *Subject to a maximum of $500,000.00 per passenger seat. B. only with respect to such Hull Coverage as is indicated as applicable in the following schedule, subject to the Deductibles and Amount of Insurance stated for the aircraft: FAA Identification Hull Coverages g S Not In Motion Deductible In Motion Deductible Amount of Insurance $ $ $ _ Coverage $ $ $ _ Coverage $ $ $ _ Coverage — $ $ _ Coverage _ $ $ $ Coverage _ — Each coverage is as defined in the Insuring Agreements and the Limits of the Company's Liability therefor shall be as stated herein above, subject to all of the terms of this policy having reference thereto. Additional Premium Included Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach, California 911WF12.01 A_m- Approved: UNITED STATES AVIATION UNDERWRITERS, INCORPORATED (Date and Hour Endorsement Effective) viation Managers 1. 360 -39113 (Endorsement Number) (Policy Numberl by�� - - F -364D -3A Only With Respect to the Liability Coverages, and in consideration of the additional premium stated below: 1, Particulars of Aircraft Item 4 of the Declarations (Particulars of Aircraft) shall include Non -Owned Aircraft as defined herein. 2. Definition of Non-Owned Aircraft "Non -Owned Aircraft" means any aircraft which is used in the business of the Insured and registered under a "Standard Category Air - worthiness Certificate" issued by the FAA, but the term "Non -Owned Aircraft" does not include any aircraft: A. owned in full or in part or registered in the name of 1. the Insured, or 2. any organization stated in Paragraph 3 below to be an Insured, B. to which in the absence of this endorsement any of the Liability Coverages of the policy appliesi C. if any charge for its use is made to others by any Insured. 3, The following Paragraphs A, B, C, D, E and F, apply ONLY WITH RESPECT TO NON -OWNED AIRCRAFT: A. Definition of Insured Under the Definitions section of the policy, definition of "Insured" is changed to read as follows: ..Insured° means _the Named Insured ----- . - -- -----....- - -- - -- - ......... - .... - .................... - - -----_------------------ --- -- ------------ ----- --------............ ..... ....................... - ...... ... ----------...---- -.......------- .........- - ---- - -------- .._..- - - - and any executive officer or director of the above while acting in his capacity as such provided that no person shall be an Insured as respects any aircraft owned in full or in part by or registered in the name of such person or any member of his household. B. Exclusions Exclusion (g) of the policy is deleted in its entirety. The following exclusions (x) and (y) are added to the policy as follows: (x) to liability arising out of the handling or use of, the existence of any condition in or a warranty of aircraft products manufactured, sold, handled or distributed by the Insured. (y) to injury to or destruction of property (1) owned, rented, or occupied by the Insured or (2) used by or in the tare, custody or control of the Insured or (3) as to which the Insured is for any purpose exercising physical control or (4) carried by, in or on any aircraft with respect to which insurance is afforded. C. Pilots Item 5 of the Declarations is changed to read as follows: This policy shall not apply to an aircraft while in flight unless operated by an FAA Certificated Pilot. D. Limits of Liability Item 10 of the Declarations is changed to read as follows: 10. The insurance afforded herein is only with respect to such of the following Liability Coverages opposite which a specified Limit of Liability is stated. Each coverage is as defined in the Insuring Agreements and the Limits of the Company's Liability therefor shall be as stated herein below, subject to all of the terms of this policy having reference thereto. E. Reports *Subject to a maximum of $500,000.00 per, passenger seat. Whenever a non -owned aircraft is used for any period exceeding seven consecutive days, the Named Insured agrees to report such use, and the Eof the aircraft, to the Aviation Managers, as soon thereafter as may be practicable and to pay a premium thereon to be determined by the Aviation Managers. F. Other insurance The Policy Condition entitled Other Insurance is changed to read as follows: Except with respect to insurance specifically purchased by the Named Insured to apply in excess of this policy, if there is other insurance in the Insured's name or otherwise, against loss, liability or expense covered by this policy, this insurance shall be excess insurance over any other valid and collectible insurance available to the Insured, either as an Insured under a policy applicable with respect to the aircraft or otherwise and, if such other insurance available to the Insured shall have been written through the Aviation Managers, the Limit of the Company's Liability applicable to such loss under this policy shall be reduced by the applicable limit of liability under such other available insurance. Additional Premium for this Endorsement $ ...... 1A. Q1. uded . ........... ... ..... — ....... _._ Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of -the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: Oi y of Newport Reach,_ (`al_i fornia 9/16/72 12:01 A.M. Approved: UNrTED STATES AVIATION UNDERWRITEILS, INCORPORATED (Data and Hour Endorsement Effective) Aviation Men _2. 360 -39113 (Endorsement Number) (Palic, Number) by F468 F-tae Liability Coverages Limits of Liability Coverage A Bodily Injury Excluding Passmgcrs $ oe:ian $ occurrence Coverage 8 Property Damage i each OC<arrenCO Coverage C Passenger Bodily Injury '$ _ each versan each occurrence Coverage D Single Limit Bodily Iniury and Property Damage $ 3.000.000.00* each accvrrence COVera e E Single Limit Bodily Inju ry (excluding passengers) and Property Damage T each E. Reports *Subject to a maximum of $500,000.00 per, passenger seat. Whenever a non -owned aircraft is used for any period exceeding seven consecutive days, the Named Insured agrees to report such use, and the Eof the aircraft, to the Aviation Managers, as soon thereafter as may be practicable and to pay a premium thereon to be determined by the Aviation Managers. F. Other insurance The Policy Condition entitled Other Insurance is changed to read as follows: Except with respect to insurance specifically purchased by the Named Insured to apply in excess of this policy, if there is other insurance in the Insured's name or otherwise, against loss, liability or expense covered by this policy, this insurance shall be excess insurance over any other valid and collectible insurance available to the Insured, either as an Insured under a policy applicable with respect to the aircraft or otherwise and, if such other insurance available to the Insured shall have been written through the Aviation Managers, the Limit of the Company's Liability applicable to such loss under this policy shall be reduced by the applicable limit of liability under such other available insurance. Additional Premium for this Endorsement $ ...... 1A. Q1. uded . ........... ... ..... — ....... _._ Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of -the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: Oi y of Newport Reach,_ (`al_i fornia 9/16/72 12:01 A.M. Approved: UNrTED STATES AVIATION UNDERWRITEILS, INCORPORATED (Data and Hour Endorsement Effective) Aviation Men _2. 360 -39113 (Endorsement Number) (Palic, Number) by F468 F-tae -77 - -- It is agreed that: 1. The typewritten portion of Item 5. of the Declarations is changed to read as follows: Item 5. Pilots. Kenneth McGregor, James Golfos, L)onald Anderson, and Tim Grundeman, each holding an FAA Commercial Pilot Certificate. 2. In the event of cancelation of the Policy by the Company or the Aviation Managers, the Aviation Managers shall give thirty (30) days prior written notice thereof to: The City of Newport Beach, California City Hall 3300 Newport Boulevard Newport Beach, California 92660 3. The Named Insured may receive reimbursement for direct operating expenses, or enter into reciprocal agreements with other muni- cipalities, excluding any profit. 4.A. The Company agrees that it will not use, either in the adjustment of claim or in the defense of suit against the Insured, the immunity of the Insured from tort liability unless requested by the Insured to interpose such defense. B. The Insured agrees that the waiver of the defense of immunity shall not subject the Company to liability for any portion of a claim, verdict, or judgment in excess of the limits of liability stated in the policy. 5. Such insurance as is afforded under this Policy shall not apply to the carrying of FAA designated external rotorcraft load combination Class A, B, and C, fire patrol, fire fighting, aerial application, and power and pipeline patrol. However, the term "fire fighting" shall not be deemed to include patrol, surveillance, rescue, and other uses incidental to public work. 6.A. The Policy period stated in the Declarations is comprised of three consecutive annual periods with anniversary billing dates of 9/16/73 and 9/16/74. B. within thirty (30) days prior to each anniversary date of this Policy the Named Insured and the Aviation Managers shall negotiate the premi- um to apply for the following annual period. In the event of failure to reach agreement thereon the Policy will automatically terminate on each anniversary date. Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach, California 9/16/72 12:01 A.M. Approved: UNITED STATES AVIATION UNDERWRITERS, INCORPORATED (Dale and Hour Endorsement Effective) Aviation M eec _- 3. 360 -39113 (Endorsement Number) (Policy Number) by G "� ��- �' +�'•� 1'361 F40] us"1 0 0 i J It is agreed that Item 5 of the Declarations is changed to read as follows: Stem S. Mechanics who are licensed by the FAA for Rotorcraft Maintenance are permitted to start and run engines for the purpose of testing engines, rotors and instruments, but this policy otherwise shall not apply to an aircraft while in flight unless operated, by the following pilot(s). James L. Golfos, Gregory L. Hein, Charles G. Olmstead, Donald M. Anderson, Tim A. Grundeman, or Harry We Williams, each holding an FAA commercial Pilot Certificate with Helicopter Rating. 0'�N ' "ell Nothing herein contained shall vary, waive., alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach, California 05/01/75 12:01 A.M. _ (Dale and Hour Endorsement Effective) 10. 360 -39113 (Endorsement Number) (Policy Number) F xa] FZ7 Approved: UNITED STATES AVIATION UNDERWRITERS, INCORPORATED Avi ' Managers , by 1&.4111 It is agreed that: 1. Item 5 of the Declarations is changed to read as follows: Item S. Mechanics who are licensed by the FAA for Rotorcraft Maintenance are permitted to start and run engines for the purpose of testing engines, rotors and instruments, but this policy otherwise shall not apply to an aircraft while in flight unless operated by the following pilot(s): James L. Golfos, Gregory L. Hein, Donald M. Anderson, Tim A. Grundeman, or Harry W. Williams, each holding an FAA Commercial Pilot Certificate with Helicopter Rating. 2. Paragraph 2 of Endorsement Number 8 is canceled and of no effect. RFU VED 1 Psis: �J.n C!TY NEWPORT BEACH, , CALIF. Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach, California 05/01/75 12 :01 A.M. Approved: UNITED STATES AVIATION UNDERWRITERS, INCORPORATED (Dete and Hour Endorsement rReCi —) ,/ viation Managers 9. 360 -39113 r (Endorsement Number) (Policy Numbe.) by F -a8] PIZ 9�3 ,mrarmrs..an.stim ¢ a®. PER SQN� �� FEB 2 01975;a. NEWp CITY OF ORT BEACH, y CALIF, _,<�' In consideration of an additional premium of $250.00, it is agreed that: 1. Item 5 of the Declarations is changed to read as follows: Item 5. Mechanics who are licensed by the FAA for Rotorcraft Maintenance are permitted to start and run engines for the purpose of testing engines, rotors and instruments, but this policy otherwise shall not apply to an aircraft while in flight unless operated by the following pilot(s): A. James L. G0lf0S, Gregory L. Hein, Charles G. Olmstead, Donald M. Anderson or Tim A. Grundeman each holding an FAA Commercial Pilot Certificate with Helicopter Rating. B. Harry W. Williams holding an FAA Pilot Certi- ficate. Each flight by Harry W. Williams shall be under the direct supervision or have the specific approval of James L. Golfos or Gregory L. Hein until such time as he obtains a Commercial Pilot Certificate with Helicopter Rating and has flown a minimum of 200 hours in the Hughes 300C Helicopter. 2. While the Helicopter is being operated by Harry W. Williams while holding an FAA Student Pilot Certificate, liability coverages shall not apply to injuries sustained by any passenger unless said student pilot is accompanied by a pilot holding an FAA Helicopter Flight Instructor Rating. Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: Citv of Newport Beach, California 2/1/75 12:01 A.M. Approved: UNITED STATES AVIATION UNDERWRITERS, INCORPORATED (Dale and How lndoisamem EHecfive) Aviatio agers B. 360 -39113 (Endouemem Numbed Policy Numbed by P'"E FAO) 3 (.0 391)3 __ _ �. I i o , �. � i:.= usArc • <., h t C_ • 7 3 (" D3C�IIy3 It is agreed that: 1. Item 2 of the Declarations is changed to read as follows: Item 2. The policy period shall be from 9/16/72 to 2/1/76 beginning and ending at 12:01 A.M. Standard Time at the above address. 2. Paragraph 6 of Endorsement No. 3 is changed to read as follows: 6.A. The Policy period stated in the Declarations is comprised of an initial annual period followed by a period of 138 consecutive days followed by two consecutive annual periods with period billing dates of 9/16/72, 9/16/73, 2/1/74 and 2/1/75. Be Within thirty (30) days prior to the expiration date of each period of this Policy, the Named Insured and the Aviation Managers shall negotiate the premium to apply for the following period. In the event of failure to reach agreement thereon, the Policy will automatically terminate on such expiration date. Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as ,above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach, California 2/1/74 12:01 A.M. (Dale end Mow Emdonemenr Elleaivc) 7. 360 -39113 (En tlouemem Number) (Policy Number) F -M7 F.07 Approved: UN1TE ES AVIATION UNDERWRITERS, INCORPORATED Avian ana E by � usA�c snaasnaswxaeswnnee¢ moor 9 It is agreed that Insuring Agreement IV, is changed to include the following: Over water flights not greater than twenty -five nautical miles from the nearest land. c�C°1 1 R�C�r NOV 71172 MAP WL ef�t€N, err ✓11F.VeNothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: rit_y nf Naumnrt Beach, f`alifnrnia 7 0/?��72 12:01 A M. Approved: UNITED STATES AVIATION UNDERWRITERS, INCORPORATED to and Neur Endcrsemem .0.e) Aviation Ma 4 3ho_�gli �lj )Endorsement Number) - -�<r Numbe� ,- 7 F;07 * 76TEDSTA O R P Uril1NDE1tVVRIT� VE T1 N � INCORPORATED ,{� MANAGERS •� 97] > ROY L. COGGINS United States Aircraft Insurance Group Reed ZA REGIONAL VICE PRESIDENT WESTERN DEPARTMENT 535 NO. BRAND BLVD., GLENDALE, CALIF. 91203 (213)240.7800 b DATE:--- --.-- -- (17 977 Milum /Garvey...Insurance Brokers, Inc. INSURED:_- OF NEWPORT BEACH ..... .... ......... Renewal of Policy 360 -57134 3720 Campus.. -Drive - ................ - - -- ------- - - - - --- - - - (1) Hughes 300C, N9626F Newport Beach, California 92660 AIRCRAFT :...(2) Hughes 30OC, N9627F - - --- Gentlemen: This is to confirm #hat we are providing the following coverage effective February 1, 1977 A 7 •O ] A m on our policy form F- fiD , Subject to a maximum limit o LIABILITY COVERAGES EACH PERSON LIMITS EACH OCCURRENCE BODILY INJURY EXCLUDING PASSENGERS PROPERTY DAMAGE X X X X $ PASSENGER BODILY INJURY SINGLE LIMIT BODILY INJURY 5 e t AND PROPERTY DAMAGE X x X X $ . 000, 000. 00 Y(Non- Owned) CC cc AND PROPERTY DAMAGE X X X X 7-x-5 OOO • OOO - OO *- OC)* MEDICAL COVERAGE c — CREW: ❑ $ EXCL. ❑ INCL. X X X x f $500,000.00 per passengerANNUAL POLICY PREMIUMS Hull----------- --- ------$ — Liability---- ---- - - - - -- j 4.100.00 Medical --------------- -I Total...... .-- .....$ 4,100.00 PURPOSES and PILOTS (Per Expiring Policy 360 - 57134) ❑ Any use of the aircraft except a use for which a Charge is made to others. ❑ Named pilots..- - -- --- -- --- ------ ----- . -_-- --- - --- - - - - -- .. - --' ---- -------- ...._----- --- - - - -- ❑ Any Private or Commercial pilot with proper ratings and a minimum of ....................... ._. ........ ... _. -total hours as Pilot In Command.. including..- - -- - ---- - ......- -' ....... --- ......... - hours in- ....... ------ - - -- ---------- ---- --- ---- -- ---- ....... --- -- ------- ----- ---- — -• THE ABOVE COVERAGES WILL TERMINATE WITHOUT NOTICE ON IF THE FOLLOWING INFORMATION IS NOT RECEIVED PRIOR TO THAT DATE: COMFIRMING POLICY IS BEING ISSUED AND WILL FOLLOW SHORTLY. ru. � NIJi CCL by ----° ..Vrl LCA.1{J Do1110 i.ed employee ALL PREMIUMS ARE DUE AND PAYABLE UPON DELIVERY OF THE POLICY. FLAT CANC[WTION MOT PIFRMITTKD, ­,:. NEW YORK ATLANTA CHICAGO LOB ANGKLKB DALLAS KODUTCN . BAN 1111ANCHICIS ULL COVERAGE ALL RISKS AM UNT OF INS ANCE NOT IN TION DEDUCfI E 1 IN MOTION DEDUCTIBLE $ ole owner ❑ The Insured is wner under m gage ❑ Loss, if any, ayable to Insu d and Lien - holder na d below. Enclosed ❑ Lie older's Copy Mailed to lienholder Subject to a maximum limit o LIABILITY COVERAGES EACH PERSON LIMITS EACH OCCURRENCE BODILY INJURY EXCLUDING PASSENGERS PROPERTY DAMAGE X X X X $ PASSENGER BODILY INJURY SINGLE LIMIT BODILY INJURY 5 e t AND PROPERTY DAMAGE X x X X $ . 000, 000. 00 Y(Non- Owned) CC cc AND PROPERTY DAMAGE X X X X 7-x-5 OOO • OOO - OO *- OC)* MEDICAL COVERAGE c — CREW: ❑ $ EXCL. ❑ INCL. X X X x f $500,000.00 per passengerANNUAL POLICY PREMIUMS Hull----------- --- ------$ — Liability---- ---- - - - - -- j 4.100.00 Medical --------------- -I Total...... .-- .....$ 4,100.00 PURPOSES and PILOTS (Per Expiring Policy 360 - 57134) ❑ Any use of the aircraft except a use for which a Charge is made to others. ❑ Named pilots..- - -- --- -- --- ------ ----- . -_-- --- - --- - - - - -- .. - --' ---- -------- ...._----- --- - - - -- ❑ Any Private or Commercial pilot with proper ratings and a minimum of ....................... ._. ........ ... _. -total hours as Pilot In Command.. including..- - -- - ---- - ......- -' ....... --- ......... - hours in- ....... ------ - - -- ---------- ---- --- ---- -- ---- ....... --- -- ------- ----- ---- — -• THE ABOVE COVERAGES WILL TERMINATE WITHOUT NOTICE ON IF THE FOLLOWING INFORMATION IS NOT RECEIVED PRIOR TO THAT DATE: COMFIRMING POLICY IS BEING ISSUED AND WILL FOLLOW SHORTLY. ru. � NIJi CCL by ----° ..Vrl LCA.1{J Do1110 i.ed employee ALL PREMIUMS ARE DUE AND PAYABLE UPON DELIVERY OF THE POLICY. FLAT CANC[WTION MOT PIFRMITTKD, ­,:. NEW YORK ATLANTA CHICAGO LOB ANGKLKB DALLAS KODUTCN . BAN 1111ANCHICIS I CERTIFICATE OF I W Name: Police Department ty o r ewpopt eacl Address: 870 Santa "Barbara Dr ¢,, (� Attn: B. Ja}Yxes Glavas, Chief of (T.g to s is C��'kt11J, that insurance has been effected with Underwriters at Lloyds of London and /or certain Insurance Companies Covering as follows: , Tallmantz Aviation Incorporated and /or International Flight and Space Museum and /or Movieland of the Air and /or Frank G. Ta Name of Insured: Orange County Airport, Address of Insured: Santa Ana, California Certificate or Cover Note No.: 533 Expiration Date: August 20, 1976 Aircraft: Not .A pl' cable Oraxigpe Glounty Airport, Santa Ana, California and any location Locations Covered: incidental to the Assured's operations. Each Person E Bodily Injury — Excluding Passengers $ $ Property Damage $ XXXX $ Passenger Bodily Injury $ $ Single Limit — eluding Passengers $ XXXX $ Medical Payments — eluding Crew $ $ Airport Liabilitv CoveraLre Bodily Injury $ $ Property Damage $See Attached. $ Single Limit $ XXXX $ Aircraft Hull Amount of Insurance Ground Only Ground & Flight Southeastern Aviation (California), Inc. has made provision for (10) Ten Day notice to you in the event of cancella- tion of the above described policies but, except as otherwise stated in this certificate, Southeastern Aviation (California), Inc. assumes no legal responsibility for any failure to do so. Southeastern Aviation (California), Inc. are not insurers hereunder and they shall not be held liable for any loss. or damage. For particulars concerning the limitations, conditions and terms of the coverage you are referred to the original Policy or Policies in the possession of the Assured. SOUTHEASTERN AVIATION (CALIFORNIA), INC. f jay , (SPECIAL CONDITIONS, if any, on reverse) Countersigned by 12/9/75 s wtI x e .�. . 2 i .} Q s Y 4i`.i .. z� �9� 3' ;FAT Sol {).fw,,f ^91° "t�r9G�f'�tiZf4 ` 4 K sS +H` K • vh a . � ,,, T" Ylt• �/�y' 4' T 4 I (f i.f�g `3 r [��� .Q v T qK tV ��i ]p� ?ff.,y + e ygt fl C� R I.XI) �52 10 KIM .rt+.� two iir+'�- f"'t`I<(kl� }F S ' } _t �; �. "isn +.� . Tom;- �- 9.1:I••; �yt `�f' 3 W � �+�}� "ji�!'t? � "� �R�A ��`1 i {J.T+ -. rG -id..i�i s F�. Sik7 TL�#fIP!'i, 6'S' r m= u} y a l >2z tr, { gist�tzla 4 ti Fi ' �€ •t $' i f log FR tic On {{ > i• -:Xi ii '' 11.yija° Z',',IZC4��. f t t;„,J".at ,i 7ft r " 4£in , +- demo- `�` t,„ ^ > a +,n�y.e•'i-9,Yn n+ �Xr' fK.._s i}D r k 1 ,+ X t`i*.�ts' .y... :. _ �.. {. rh:s. a', > }, ......P .1. :t xl l�'.x I. °7E�fTIIt i• f{�Y '� +'' StT*` '^t •d97ihi1i2tiC 1SiliGfEt>P. n a �i 1 Ytki d� r tip• eta zorh3cz7ass<9,aiti ^ u,m iStrt�,�'4U,v�q'�.s�z L A r Isuz�u rtaJJ ^SlfwvF` 1'rAt isrKUCS2 d '' t•4Pitv"FVi�''PtyF 9 tltkly �Yb {r'�7A.h ':� 0478 "2 4;C far+.#}' J,�a9ix4 t51i3 s'++��iP7- (f5d{t r$'7 �9 nj -Ill, (.a}o, a z + of oir Y814 �� } DUI clpnogzey t6(}§ ttn d�Tw to Arl {nrt p +'. L' {` on }'afv, a r�yt9ib*7 efa3uac�` r`^ s+re Sri ,Earn ,,,.r rF;7F 'rQii'3rs�i >1�ssl,rr�wG {r 11111 ,.fit rBIXQ .?>.b9i�me 1;4 vr,lo'� '+n. a44rtia :� -3nta Rrtr,fR93 ?�� 1,Im ` s7Y'jFnci•r9�+n�4 d'r u.,i'ixry wrt� a e#*+'9 4i7Pk� srU �', a {> 648OA rr(Y of 3Ar.�l tPf( rtup� e+8tfi e i 1 h r]fA14f- ff °R'Y4YAlVR�f(4f13T2A9f{TifCS'f niec. Q'! hot, 1 K I BY x N h.. The amount of Indemnity shall not exceed: SUM INSURED Section I Bodily Injury and Property Damage Combined Contractual Liability Bodily Injury Property Damage Section II*'* 1 $1, 000, 000. any one occurrence $ 500,000. anyone person $1, 000, 000. any one person /accident/ occurrence $ 500,000. any one accident /occurrence $1, 000, 000, any one aircraft $2, 000, 000. any one accident /occurrence Excess $ 250. each and every loss Including In Flight Hangarkeepers Section III Bodily Injury and Property Damage $ 5, 000, 000, any one occurrence Combined 13 CERTIFICATE OF INSURANCE TO Name: Cit of New Dort Beach Newport Address: Newport Beach, California —Attn; Lty . er V4is tl$l. fD C�Px, that insurance has been effected with Underwriters at Lloyds of London and /or certain Insurance Companies Covering as follows: Tallrnantz Aviation, Inc., and /or International Flight and Space Museum and /or Movieland of the Air and /or Frank G. Tallman III Name of Insured: Orange County Airport, Santa Ana, California Address of Insured: 491 Certificate or Cover Note No.: 491 Expiration Date: June 1, 1976 Aircraft: Not Applicable Orange County Airport, Santa Ana, California and any location Locations Covered: incidental to the Assured's operations. Aircraft Liability Coverage Limits of Liability Each Person Each Occurrence Bodily Injury — Excluding Passengers $ $ Property Damage $ XXXX $ Passenger Bodily Injury $ $ Single Limit — eluding Passengers $ XXXX $ Medical Payments — eluding Crew $ $ Airport Liability Coverage Bodily Injury $ See Attached $ Property Damage $ $ Single Limit $ XXXX $ Aircraft Hull Amount of Insurance Ground Only $ Ground R Flight $ Southeastern Aviation (California), Inc. has made provision or Day notice to you in tJthn ancella- tion of the above described policies but, except as otherwise stated in this certificate, SoAviation (California), Inc. assumes no legal respo ibility,fpr any failure to do so. J� / � Southeastern Aviation (California) not fn5dcerry reunder and they shall not be helany loss or damage. For particulars concerning the i atiorlel conditiorfl and s of the coverage you are ref original Policy or Policies in the posses of the Assured. n ��, UTHEASTERN AVIATION (CANC. (SPECIAL CONDITIONS, if any, on reve ey , Count ersigned by r, ft 3p� v mew AMP a. e � Z iR.FI+ ji5' _ t..,..." `.. .. a .ARC �} a VfiyFY'*s .. � • i( f . f G '.`. `:.� ,^ < - & try 1 Tow f;1 rl0 a',ya ?..l n 9Cf" i'!9'}T"il 7� "' ✓( S ii n. .:pu +r`= i! .;4-., W '�& e I 3)^s ..7 �r y ( i Y\ r JJ t ; ?_ Sum Insured Section 1 $ 500, 060. any "ne: 1;� - I'S on Bodily Injury. $1, 500, 000. any one accident /occurrence PropertDamag.e $ 250,000. any one accident /occurrence Contractual Liability Bodily Injury $ 500, 000. any one person $1,000,000. any one person /accident /occurrent Pro Jerky Dainaxe $ 500, 0"; 0. any one a- c ci d & a t /occurrence Section II $ 100, 000. any one aircraft. $ 200, 000, any cne aed.dent /occurrence Excess $ "1.50, each and every loss Section III $ 100, 000. any one person . Fodi.ly Injury $ 300, 000. any one accident /occurrence Property Damage $ 100, 000. any one acci dent and in aggregate INVOICE /insurance brokers MILUM/GARVEY gel& 1617 WFSTCLIFF DRIVE/ SUITE 2D41 NEWPORT BEACH, CALIFORNIA 92660 714/W.0800 F 7 CUSTOMER NO. 2740 CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIFORNIA 92660 NAMED INSURED i -- -- --- INVOICE DATE � October 8, 1973 4835 PLEASE DETACH AND TURN WITH PAYMENT EVIT"TEl) E _Wj__ ro. I NO. POLICY PERIOD CL&TR POLICY NUMBER AND DESCRIPTION ---- --------- PREMIUM - ---------- ------- - -T-- -- BALANCE CHARGE I CREDIT ...... . ............ - ------ ---- . ........... ----------- ------ --- ---------- ------------ --- --- ---- -- --- ---- ,80 !8/15/73- 1,45-5'Policy # 360-39113 i:$100.00 :-$lov.vvi -0- 19/16/73 Additional Premium Adding Charles O. Olmstead land Gergory L. Hein to ;,Helicopter Insurance I as pilots. I THANK YOU. (PREMIUM PAID) --------- -------- --PiEM�jM�S DUE AND PAYABLE ON EFFECTIVE DATE OF POLICY MILUM/GARVEY PREMIUM1PAID 'rsm,�,®rrmrm¢amn, It is aC.reed that: 1. Effective Au ust 31 1973 @ 3:00 PM, the typewritten portion of Item 5 of the Declarations is changed to include the fol- lowing named pilot: Item 5. Charles G. Olmstead holding an FAA Commercial Pilot Certificate provided that he receives a check -out in the Hughes 300C Helicopter from James Golos. 2, Effective August 15, 1973 @ 12 :01 AM and in consideration of an additional premium of $100.00, it is agreed Lnat the typewritten portion of Item 5 of the Declarations is changed to include the following named pilot: Item 5. Gregory L. Hein holding an FAA Commercial Pilot Certificate provided that he obtains a Helicopter Rating in the Hughes 300 C Helicopter from James Golfos, Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach, California Various :? Various (Daty and Hoer Endouomani Effective) °:6 360 -39113 fEndorsemom Number) (Pat;., Number) C.3O> F,07 Approved: UNITE Es AvtATioMUND1RcW5Xe7, INCORPORATED Aviatio anage s by 6 it is agreed that the typewritten portion of Item 5 of the Declarations is changed to read as follows: Item 5. James Golfosr Donald Anderson and Tim Grundeman, each holding an FAA Commercial Pilot Certificate. Nothing herein contained shall vary, waive, alter, or extend any of the terms, conditions, agreements or representations of the policy, other than as above stated. This endorsement is effective from the date and hour stated below, standard time at the address, as stated in the Declarations, of the Named Insured and forms a part of the below numbered policy issued to: City of Newport Beach, California 07/24/73 12:01 A.M. Approved: UN STATES AVIATION UNDERWRITERS, INCORPORATED (D.I. end Hem FnJOnemenl ERetllvel Avi 'on Mana f 5. 360 -39113 (Endbnemenl Numbeq (P.H, Numb.,( b O> PURCHASE ORDER No. 01500 INVOICE; A , r4 ift�* C14 T Ba- CH 'YHIS ORDr Jill� A BOULEVARD c/ flum f arvov IE17 give ;,_c,v'prjrL sere Calif. 92660 NEWPOM.MW, CALIFORNIA 92660 PHONE (714) 673-2110 CRUDE UN7. DATE DER 'olice helic•pter insuranice. ldr-1975 as per contract Jan,28,1974 C, VENDOR SHIP TO (SAME; UNLESS OTHERWISE Aircraf+ Tnsurai�c�: :-ro c/ flum f arvov IE17 give ;,_c,v'prjrL sere Calif. 92660 WAMEW M 24 50-4ii 'olice helic•pter insuranice. ldr-1975 as per contract ±.; JO IMPORTANT CITY OF NEWPORT BEACH The Articles covered by this Purchase Order or Contract must con- form with the Safety Orders of the State of California, Division of Industrial Safety. Show as a separate item any retail sales tax, use tax or Federal tax applicable to this purchase. This order subject to California sales lax. D. W. MEANS All allowable transportation charges must be prepaid and shown as a separate item on the invoice. Do not include Federal transports- PURCHASING AGENT 'i on tax. WAMEW M 24 50-4ii 't .eF TOM All r CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE January 14, 1974 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. c •463 Description of Contract Police Helicopter Insurace 1972 - 1975 Authorized by Resolution No. 7791 , adopted on 9 -17 -72 Effective date of Contract September 16, 1972 Contract with United States Airensft Insurance Group Address c/o Milua S Garvey, 1617 Westcliff Drive Is :f tAJY Y• Amount of Contract Total premium $2,150.00 Note: Pblicy on file in City Clerk's offioe. i I, .. .� .. 9{ ..x.. .r. .. .....r _r.. -... 1 ... .. n .. n.. r ..._ '�.: ..��nkia'M'��x...o.:.. ... .- r . _. .. .. .. . nu.l .�F:+�✓. 4 ,I .. :w ..x.. .r. .. .....r _r.. -... 1 ... .. n .. n.. r ..._ '�.: ..��nkia'M'��x...o.:.. ... .- r . _. .. .. .. . nu.l .�F:+�✓. RESOLUTION NO. 7 ^c A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING THE BID OF MILUM AND GARVEY FOR HELICOPTER LIABILITY INSURANCE COVERAGE RENEWAL FOR ONE YEAR WHEREAS, pursuant to the notice inviting bids for helicopter liability insurance and non -owned aircraft liability insurance coverage, in accordance with the specifications prepared by the City's risk management insurance analyst, Mund, McLaurin & Company, bids were received, and opened on the 18th day of August, 1972; and WHEREAS, it appears that the lowest responsible bidder therefor is Milum and Garvey, insurance agents; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the bid of Milum and Garvey for the above described insurance combined single limit for both bodily injury and property damage coverage, in the amount of $3,000,000.00, for an annual premium of $2,150.00, be accepted; said insurance is to be placed with United States Aircraft Insurance Group. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the necessary documents to obtain the above described helicopter liability insurance coverage, for a period of one year, commencing on September 17 , 1972. ADOPTED this 28th day of August, 1972. Mayor ATTEST: City Clerk t , DON:mh 8/30/72