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Home My WebLink AboutC-1730(A) - Public liability insuranceI ...._.._.... _ BE 22 ENDORSEMENT NO. 8 This endorsement, effective 12:01 AM. June 25, 1975 , forms a part of policy No. GA 01935 issued to CITY OF NEWPORT BEACH, ET AL by STAR INSURANCE COMPANY In consideration of the premium charged, it is agreed that Coverage A - Bodily and Personal Injury Liability, is amended to exclude all sums which the Insured shall become obligated to pay for damages arising out of the ownership, maintenance or use of any automobile. All other terms and conditions remain unchanged. I, BE 22 ± ENDORSEMENT NO. 9 ' This endorsement, effective 12: 01 AM. November 18, 1975 • forms a part of policy No. GA 01935 issued to CITY OF NEWPORT BEACH, ET AL by STAR INSURANCE COMPANY It is agreed that Exclusion (d) of the Manuscript Form attached to this policy is amended to read: (d) Damage to Property Rented:;or'Leased to the Insured Injury to or destruct"h (1) of property owned by the Insured, or (2) 10ioperty rented to or leased to the Insured where the Insured has agreed to provide insurance therefore, unless the Named Insured would have been liable in the absence of such agreement and except with respect to (1) liability under side -track agreements, claims against the Insured in subrogation proceedings, or (2) liability imposed by law upon others and assumed by the Insured under contract. r All other terms and conditions remain unchanged. ..................................................................... ............................... Authorized Reprmentative .. . new GENERAL — AUTOMOBILE LIABILITY P41CY REIkWAL OR REPLACEMENT NO. A STOCK COMPANY + 7%]A/75 I DATE OF ISSUE J ' Part Two. This Declarations page and Coverage Part (s) with "Policy Provisions -Part One" completes the below numbered Item DECLARATIONS Named POLICY NUMBER GA 0 19 3 5 ,City of Iftort Boaeh, of al 1• ✓naureei ADDRESS: .3300 Newport BoasTaW (Number & Street, Town, County, State & Zip No.) • Newport Beach, California 92660 2. 1401 A. M: STArvDARO iIM AT THE ADDRES Policy Period: or.rxE XAMED INSURED AS, STATED HEREIN. TrOm: T June tlT�s 25 1975 To: June 25 197 6 REPRESENTATIVE: Agent or Broker _ WORM= FAClurimil, INC. Office Address 3435 Wilshire Boulevard Town and State Ion Galifernia , 9003D STAR INSURANCE COMPANY MILWAUKEE, WISCONSIN 3. The insurance afforded is only with respect to such of the following Coverage Part(s) as are indicated by specific premium•charge or charges. The limit of the company's liability against each such Coverage shall be as stated in the Coverage Part(s), subject to all the terms of this policy having reference thereto. COVERAGE PART(S) FORM NO- ADVANCE PREMIUMS COVERAGE PART(S) FORM NO. ADVANCE PREMIUMS Completed Operations & Products Liability L4085S $ Contractual Liability (Designated Contracts Only) L4084S $ Comprehensive Automobile Liability L4077S Storekeeper's Liability L4087S Comprehensive Personal L4081S Druggists' Liability L4088S Comprehensive General Liability L4072S Hospital Professional Liability L4094S Premises Medical Payments L4078S Garage Insurance L4061S Personal Injury Liability L4069S 1 Owners' & Contractors' Protective Liability L4067S M & C liability (Excluding Coverage for L4073S Automobile Physical Damage L4071S Independent Contractors) (Fleet Automatic) 0 L & T Liability (Excluding Coverage for L4074S Automobile Physical Damage L4070S Construction Operations) (Non - Fleet) Physicians', Surgeons' and Dentists' L4095S Automobile Physical Damage L4096S Professional Liability (Dealers) M & C Liability (Including Coverage for Independent Contractors) L4075S Automobile Medical Payments L4083S 0 L & T Liability Ilncluding Coverage for L4076S Liquor Liability L4097S Construction Operations) Form WPOOV. Elevator Collision L4089S Endorsements (IDENTIFY BY FORM NUMBERS) T�r�&nuaoript 192 # 94; =11T. f1,2,3,4,5,6,7 Mitnuseri t Form $ fit Policy Period more than one year and the premium is to be paid Total Advance Premium $ 000 00 in installments, premium is payable: On effective date ofpolicy $ 1st Anniversary $ 2nd Anniversary $ Audit Period: Annual, unless otherwise stated." FLT AMMO 4. The named insured is: individual partnership corporation Z 6eaiei Ii joint venture other 5. During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein:"` "ABSENCE OF AN ENTRY MEANS "NO EXCEPTION ". t Not applicable in Texas Agency at: am I0 CITY CAL� 1E � .:CR9� LE:vmfS Agent ` O yE. RA G IN \ CAPITOL BRCMA , INC. _ x''07 Agency & No. form 2050 Calif. (Ed. 10/1/73) I FLT LLI —i no dr Z C) I- Q J W U U LLI cc 0 0 .1 . . 0 a a I d . . . . . . . . . . . . . . . . . . . . . AE mm - - - --m — — — — — — — - - - - - - - - -22, -7S .......... . ENDORSEMENT This endorsement, effective 12:01 A,►e; 6 -25 -75 policy No.GA 01935 issued to CITY OF NEWPORT BEACH, ET AL by Star Insurance Company POLLUTION AND CONTAMINATION ( EXCLUSION) BE 22 Endt. # to forms a part of It is agreed that the insurance does not apply to Bodily Injury or Property Damage arising out of the Discharge, Dispersal, release or escape of Smoke, Vapors, Soot, Fumes. Acids, Alkalis, Toxic Chemicals, Liquids or Gases, Waste Materials or other Irritants, Contaminants or Pollutants into or upon land, the Atmosphere or any Watercourse or body of water; But this Exclusion does not apply if such Discharge, Dispensal' Rele se g Escape is sudden and accidental. ;� A JON R. BLEVINS CAPITOL BROKERAGE, INC. .................................................................... ............................... Authorized Representative BE 22 ENDORSEMENT Endt. # 9 This endorsement, effective 12:01 A.M. 6 -25 -75 , forms a part of policy No. GA 01935 issued to CITY OF NEWPORT BEACH, ET AL by Star Insurance Company EXCLUSION ( INVERSE COMDEMNATION ) "in consideration of the premium charged, it is agreed that such Insurance as is provided by the Policy does not apply to,_claims or Suits arising out of, resulting from, or proximately caused by, Inverse Condemnation. There shall be no obligation or duty on behalf of the Company to investigate or defend or pay for the cost of investigating or defending such claims or suits, r' JON IR. BLEVINS CAPITOL BROKERAGE, 1N`BL . . Authorized Representative BE 22 ENDORSEMENT Endt.# 8 This endorsement, effective 12:01 AM. 6 -25 -75 , forms a Dart of policy No. GA 01935 issued to CITY OF,NEWPORW BEACH, ET AL by Star Insurance Company' In consideration of the premium already charged,' it is agreed that the limit of liability pertaining to Errors and Omissions Coverage are amended to read as follows: $ 25, 000. - Each Person $ 50,000, - Aggregate This endorsement amends and supersedes all other endorsements pertaining to the lim' of abAve�ge. reed JON R. BLEVINti ------ -- --- - -- J APfrOL -813G EtRNf� i f t--...-......"---.....- Authorized Represen a i$ ENDORSEMENT This endorsement, effective 12;01 A. M. 6 -25 -75 policy No. CA 01935 issued to CITY OF NEWPORT BEACH, ET AL by Star Insurance Company EXCLUSION ( VOLUNTEER FIREMAN ) BE 22 Endt. #7 , forms a part of It is agreed that the Insurance does not apply to Bodily Injury to any volunteer Fireman, whether or not a member of the NamedInsured's Organization, while in the course of his duties as such. ..... INC. .. Authorized Representative BE 22 ENDORSEMENT Endt. #6 This endorsement, effective 12:01 A.M. 6 -25 -75 , forms a part of policy No. GA 01935 issued to CITY OF NEWPORT BEACH, ET AL by Star Insurance Company EXCLUSION ( VOLUNTEER WORKERS ) It is agreed that coverage A - Bodily Injury Liability excludes coverage for Bodilylnjury to or sickness, disease or death of any volunteer worker engaged in rescue squad and ambulance corps operations who is injured or killed in the course of activities as a volunteer worker in rescue squad or ambulance corps operations. JON R. Bi EVINS CAPITOL BROKERAGE, INC. ...................................................... ............................... Authorized Representative 9 0 ENDORSEMENT This endorsement, effective 12:01 AK 6 -25 -75 policyNo.GA 01935 issued to CITY OF NEWPORT BEACH, ET AL by Star Insurance Company EXCLUSION ( HOSPITALS AND AIRPORTS) 8922 , Endt. # 5 forms a part of In consideration of the reduced premium charges, it is agreed that the Policy excludes all claims arising out of or proximately caused by the Ownership, Maintenance, Operation or use of the following: 1. HOSPITALS AND CLINICS 2. AIRPORTS JON R. BLEVINS CAPITOL BROKERAGE, INC. ...... ................................................................. ............................... Authorized Representative BE22 ENDORSEMENT Endt. #4 This endors men', effective 12:61 6- *S -75, forms a part of policy no. GA 1935 issued to CI NEWPORT BEACH, ET AL by Sta Insurance Company It i Pr( 1. 2. 3. 4. EXCLUSION agreed that this insurance does not apply to Bodily Injury or perty Damage due to: The rendering of or failure'' render (A) Medical," Surgical, Dental, X -Ray or Nursing Service or treatment, or the furnishing of Food or Beverages in connection therewith: (B) Any service or Treatment conductive to.Health or of a professional nature: Or (C) Any Cosmetic or Tonsorial service or treatment: The furnishing or dispensing of Drugs or Medical, Dental or Surgical supplies or appliances: Or The handling of or performing of Autopsies on Dead Bodies. Bodily Injury or Property Damage due to the rendering of or failure to render any professional service. This endorsement does not apply to Paramedics. V I • 1. 0 BE 22 ENDORSEMENT Endt, #3 This endorsement, effective 12:01 A. M. 6 -25 -75 , forms a part of policy No. GA 01935 issued to CITY OF NEWPORT BEACH, ET AL by Star Insurance Company Mal Practice Coverage Endorsement In consideration of the premium charged, this policy is extended to include Mal Practice Coverage for Paramedics, only as follows: 100, 000 Bodily Injury - Each Occurrence 300, 000 Bodily Injury - Aggregate 100, 000 Property Damage - Each Occurence 100, 000 Property Damage - Aggregate JOD2 i;. C�! i:elfr .CAPITOL GROKLRAGc, 1; ?p, . _ .............- ....... _ `. _. - - ............ I--- .......... ...................................... Authorized Representative BE 22 ENDORSEMENT Endt. #2 This endorsement, effective 12:01 A.M. 6 -25 -75 , forms a part of policy No. GA 01935 Issued to CITY OF NEWPORT BEACH, ET AL by Star Insurance Company CANCELLATION AMENDMENT It is agreed that the sixty (60) day notice of cancellation, as specified in the Manuscript Form, is to be mailed to the office of the City Manager by registered mail. JON R. BLEVINS CAPITOL BROKERAGE, INC. ............utho......... e present ........................ Authorized Representative Policy No. GA 01935 Endorsement # 1 Named ..Insured• City of Newport BA CERTIFICATE CF INSURANCE FOR LEASE OF STATE-MM FBOPIM 11 This is to certify tbat the ST CE C ANY name of company oP Xilvaukee. Wisconsin address of company Has issued to City Newport ame of Insured The policy of General Liability Insurance herein described.. Which by the attachment of the State -Owned Property Endorsement has been changed in accordance with the terms of the Endorsement. Coverages and limits of liability under the policy are not lose then: Boo iiv Iniuro 1000000 each person $200,000 each occurrence Pironexty Damage 50,000 each person $50,000 each occurrence This endorsement is attached to the policy described herein to assure compliance by the named insured with the terms and provisions of the lease (or rental agreement) entered into between the Insured as Lessee and the State.of California as lessor. The Company amends the policy described herein an follows: 1. If the policy is canceled or changed so as to affect the coverages, at least fifteen (15) days' prior written notice of such cancellation or change will be sent,to the lessor State of California at the following addreass . Boa 2304 Terminal Annex, Los Angeles, California 90051 2. If the policy contains any clause excluding coverage as to property in the care, custody or control of the insured, such clause oball not apply with regard to any liability of the State of California, its officers, agents, or employees. 3. The lessor State of California, its officers, agents, and employees are hereby declared to be additional insureds in the policy described insofar as they may be held liable for injuries, deaths, or damage to property occuring in or about the leaned promisee. This endorsement, countersigned by an authorised representative of the Company, becomes applicable endorsement number 1 Effective Date of Policys_ _.Tune 25. 1975 Expiration Date of Policys June 25, 3,976 Dateds July 10. 1975 at N California city State Name of Agent or Brokers Address of Agent or Broker NT - THIS FORM IS THE ONLY CERTIFICATE Cl? INSURANCE ACCEPTABLE TO THE STATE OF CALIFORNIA . 9622 ENDORSEMENT This endorsement, effective 12:01 A.M. 6 -25 -75 , forms a part of policy No. GA 01935 issued to CITY OF NEWPORT BEACH, ET AL by Star Insurance Company Premium Payment Endorsement It is hereby understood and agreed that the annual premium for the above policy shall be payable as follows: Date Due Premium 6 -25 -75 $ 22,500. 9 -25 -75 $ 22,500. 12 -25 -75 $ 22, 500. 3 -25 -76 $ 22,500. JON R. BLEVINS BROKERAGE._)XC........... .......... ........................CAPITOL Authorized Representative LIABILITY (The Attaching Clause need be core 0 only when this endorsement is issued subsequent to pion of the policy.) GM DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the COMPREHENSIVE GENERAL LIABILITY INSURANCE MANUFACTURERS' AND COMIRAC70RV LIABILITY INSURANCE OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE This endorsement, effective 6 -25 -75 , forms a part of policy No. GA 01935 (12:01 A. M., standard time) issued to CITY OF NEWPORT BEACH, ET AL by Star Insurance Company SCHEDULE !Ord R. BLEVINS CAi -iTO. 3RQKERACE, INC. ............................ ............................... Authorized nepresentative Amount and Basis of Deductible Coverage $ 1,000.00 per claim Bodily Injury Liability $ ----- per occurrence $ 1,000.00 per claim Property Damage Liability $ per occurrence L 92% (Ed, la7) APPLICATION OF ENDORSEMENT (Enter here any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to all loss however caused):— It is understood that the term "Damages" as referred to herein includes loss adjustment and legal fees. It is agreed that: 1. The company's obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on behalf of the insured applies only to the amount of damages in excess of any deductible amounts stated in the schedule above as applicable to such coverages. 2. The deductible amounts stated in the schedule apply as follows: (a) PER CLAIM BASIS —If the deductible is on a "per claim" basis, the deductible amount applies under the Bodily Injury Liability or Property Damage Liability Coverage, respectively, to all damages because of bodily injury sustained by. one person, or to all property damage sustained by one person or organization, as the result of any one occurrence. (b) PER OCCURRENCE BASIS —If the deductible is on a "per occurrence" basis, the deductible amount applies under the Bodily Injury Liability or Property Damage Liability Coverage, respectively, to all damages because of all bodily injury or property damage as the result of any one occurrence. 3. The terms of the policy, including those with respect to (a) the company's rights and duties with respect to the defense of suits and (b) the insured's duties in the event of an occurrence apply irrespective of the application of the deductible amount. 4. The company may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, the named insured shall promptly reimburse the company for such part of the deductible amount as has been paid by the company. _ AU .NENTIC MUNICIPALITY POLICY COMPREHENSIVE GENERAL- AUTOMOBILE LIABILITY FORM DECLARATIONS THE INSURANCE AFFORDED IS ONLY WITH RESPECT TO SUCH AND SO MANY OF THE FOLLOWING COVERAGES AS ARE INDICATED BY SPECIFIC LIMITS OF LIABILITY. THE LIMITS OF THE COMPANY'S LIABILITY AGAINST EACH SUCH COVERAGE SHALL BE AS STATED HEREIN, SUBJECT TO ALL OF THE TERMS OF THIS POLICY HAVING REFERENCE THERETO. COVERAGES LIMITS OF LIABILITY $ - - -- EACH PERSON A. BODILY AND PERSONAL $ 300,000 EACH OCCURRENCE INJURY LIABILITY $ 300,000 AGGREGATE PRODUCTS B. PROPERTY DAMAGE LIABILITY - $ EACH OCCURRENCE AUTOMOBILE C. PROPERTY DAMAGE LIABILITY - $Included EACH OCCURRENCE EXCEPT AUTOMOBILE $Included AGGREGATE PRODUCTS D. ERRORS AND OMISSIONS $Included EACH PERSON LIABILITY $Included AGGREGATE E. Malpractice Liability $100,000 Bodily Injury -ea occurrence Paramedics Only $300,000 Bodily Injury - aggregate $100,000 Property Damage -ea occurren 100 000 Property Damage - aggregate PART POLICY ATTACHED TO AND FORMING 0 NO.: GA 01935 ISSUED TO: CITY OF NEWPORT BEACH, ET L . DATED: July 20, 1975 f g, ' JON R. BLEVINS BY: CANTDL BROKERAGE. INC. -I- W IT IS AGREED THAT THE DEFINITIONS, SUPPLEMENTARY PAYMENTS AND CONDITIONS SHOWN IN THE POLICY JACKET ARE HEREBY ELIMINATED IN THEIR ENTIRETY AND SHALL HAVE NO FURTHER FORCE OR EFFECT. THE COMPANY HEREBY AGREES WITH THE INSURED, NAMED IN THE DEC- LARATIONS MADE A PART HEREOF, IN CONSIDERATION OF THE PAYMENT OF THE PREMIUM AND IN RELIANCE UPON THE STATEMENTS IN THE DEC- LARATIONS MADE A PART HEREOF AND SUBJECT TO ALL OF THE TERMS OF THE POLICY AS FOLLOWS: INSURING AGREEMENTS I. COVERAGE A - BODILY AND PERSONAL INJURY LIABILITY: TO PAY ON BEHALF OF THE INSURED ALL SUMS WHICH THE INSURED SHALL BECOME OBLIGATED TO PAY BY REASON OF LIABILITY IMPOSED BY LAW, INCLUDING CHAPTER 1681 OF THE STATE OF CALIFORNIA STATUTES OF 1963, OR LIABILITY ASSUMED BY CONTRACT, INSOFAR AS THE NAMED INSURED MAY LEGALLY DO SO, FOR DAMAGES: 1. BECAUSE OF BODILY INJURY, SICKNESS, OR DISEASE, INCLUDING DEATH AT ANY TIME RESULTING THEREFROM AND ALSO INCLUDING CARE AND LOSS OF SERVICES, SUSTAINED BY ANY PERSON OR PERSONS, OR 2. BECAUSE OF ANY OTHER INJURY A PERSON MAY SUFFER TO HIS PERSON, REPUTATION, CHARACTER OR FEELINGS, INCLUDING BUT NOT LIMITED TO MALPRACTICE, FALSE ARREST, DETENTION OR IMPRISONMENT, MALICIOUS PROSECUTION, LIBEL, SLANDER, DEFAMATION OF CHAR- ACTER, INVASION OF PRIVACY, WRONGFUL EVICTION OR WRONGFUL ENTRY. COVERAGE B - PROPERTY DAMAGE LIABILITY -- AUTOMOBILE: TO PAY ON BEHALF OF THE INSURED ALL SUMS WHICH THE INSURED SHALL BECOME OBLIGATED TO PAY BY REASON OF LIABILITY IMPOSED BY LAW, INCLUDING CHAPTER 1681 OF THE STATE OF CALIFORNIA STATUTES OF 1963, OR LIABILITY ASSUMED BY CONTRACT, INSOFAR AS THE NAMED INSURED MAY LEGALLY DO SO, FOR DAMAGES BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY, INCLUDING THE LOSS OF USE THEREOF ARISING OUT OF THE OWNERSHIP, MAINTENANCE OR USE OF ANY AUTO- MOBILE. COVERAGE C - PROPERTY DAMAGE LIABILITY -- EXCEPT AUTOMOBILE: TO PAY ON BEHALF OF THE INSURED ALL SUMS WHICH THE INSURED SHALL BECOME OBLIGATED TO PAY BY REASON OF LIABILITY IMPOSED BY LAW, INCLUDING CHAPTER 1681 OF THE STATE OF CALIFORNIA STATUTES OF 1963, OR LIABILITY ASSUMED BY CONTRACT, INSOFAR AS THE NAMED INSURE MAY LEGALLY DO SO, FOR DAMAGES BECAUSE OF INJURY TO OR DESTRU- CTION OR PROPERTY, INCLUDING THE LOSS OF USE THEREOF. -2- COVERAGE D — ERRORS OR OMISSIONS LIABILITY: TO PAY ON BEHALF OF THE INSURED ALL SUMS WHICH THE INSURED SHALL BECOME LEGALLY OBLIGATED TO PAY INSOFAR AS SUCH COVERAGE IS NOT AFFORDED UNDER COVERAGES A OR C, ON ACCOUNT OF -ANY CLAIM FOR BREACH OF DUTY MADE AGAINST THE INSURED BY REASON OF ANY NEGLIGENT ACT, ERROR OR OMISSION OF THE INSURED IF SUCH NEGLIGENT ACT, ERROR OR OMISSION IS COMMITTED DURING THE POLICY PERIOD AND DISCOV- ERED DURING THE POLICY PERIOD OR WITHIN TWENTY —FOUR MONTHS AFTER TERMINATION OF THE POLICY. II. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS: AS RESPECTS SUCH INSURANCE A AFFORDED THI POLICY, HE COMPANY SHALL: (A) DEFEND IN HIS NAME AND BEHALF ANY SUIT AGAINST THE INSURED CLAIMING SUCH DAMAGES 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) DEFEND ANY CLAIM AGAINST THE NAMED INSURED OR ITS EMPLOYEE FOR DAMAGES UNDER SECTION 3294 OF THE CIVIL CODE OR OTHERWISE FOR THE SAKE OF EXAMPLE OR BY WAY OF PUNISHMENT, WHERE SUCH CLAIM ARISES FROM AN ACT OR OMISSION IN THE SCOPE OF EMPLOYMENT; (C) 1. PAY ALL PREMIUMS AND FURNISH 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 AUTOMOBILE OCCURRENCE OR AUTOMOBILE TRAFFIC LAW VIOLATION DURING THE POLICY PER- IOD, NOT TO EXCEED $250.00 PER BAIL BOND; 2. 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 OR TENDERED OR DEPOSITED WITH THE COURT SUCH PART OF SUCH JUDGMENT AS DOES NOT EXCEED THE LIMIT OF THE COMPANY'S LIABILITY THEREON; 3. PAY EXPENSES INCURRED BY THE INSURED FOR SUCH IMMEDIATE MEDICAL AND SURGICAL RELIEF TO OTHERS AS SHALL BE NECESSARY AT THE TIME OF THE INJURY; 4. REIMBURSE THE INSURED FOR ALL REASONABLE EXPENSES, OTHER THAN LOSS OR EARNINGS, INCUR- RED AT THE COMPANY'S REQUEST. —3— 1111) 11) 11111,11, ',I'll' (11, 11110 lljfjllj� llji'jjlj� lillio /11611,111, )lllilil)vlwyvlvvwvvww mw (D) PAY THE AMOUNTS INCURRED UNDER THIS INSURING AGREEMENT, EXCEPT SETTLEMENTS OF CLAIMS AND SUITS, IN ADDITION TO THE APPLICABLE LIMIT OF THIS POLICY. III. PERSONS INSURED: EACH OF THE FOLLOWING IS AN INSURED TO THE EXTENT SET FORTH BELOW: (A) THE NAMED INSURED; (B) WHILE ACTING WITHIN THE SCOPE OF HIS EMPLOYMENT AS SUCH: (1) ANY OFFICER, SERVANT OR EMPLOYEE OF THE NAMED INSURED, EXCEPT THAT THE INSURANCE SO PROVIDED ANY OFFICER, SERVANT OR EMPLOYEE DOES NOT APPLY TO BODILY INJURY TO OR DEATH OF ANOTHER OFFICER, SERVANT OR EMPLOYEE OF THE NAMED INSURED INJURED IN THE COURSE OF OR ARISING OUT OF HIS EMPLOYMENT; (2) ANY MEMBER OF THE GOVERNING BODY OF THE NAMED INSURED; (3) ANY MEMBER OF BOARDS OR COMMISSIONS OF THE NAMED INSURED; (C) UNDER COVERAGES A AND B, -ANY PERSON WHILE USING AN OWNED AUTOMOBILE OR A HIRED AUTOMOBILE AND ANY PERSON OR ORGANIZATION LEGALLY RESPONSIBLE FOR THE USE THEREOF, PROVIDED THE ACTUAL USE OF THE AUTOMOBILE IS BY OR WITH THE PERMISSION OF THE NAMED INSURED. THE INSURANCE WITH RESPECT TO ANY PERSON OR ORGANIZATION OTHER THAN THE NAMED INSURED DOES NOT APPLY UNDER DIVISION (C) OF THIS INSURING AGREEMENT. 1. TO ANY PERSON OR ORGANIZATION, OR TO ANY AGENT OR EMPLOYEE THEREOF, ENGAGED IN SELLING, REPAIRING, SERVICING, DELIVERING, TESTING, ROAD TESTING, PARKING OR STORING AUTOMOBILES, WITH RESPECT TO ANY OCCURRENCE ARISING OUT OF ANY SUCH OCCUPATION, IF THERE IS OTHER VALID AND COLLECTIBLE INSURANCE AVAILABLE TO SUCH PERSON AS A NAMED INSURED OR AS AN AGENT OR EMPLOYEE OF A NAMED INSURED UNDER A POLICY WITH LIMITS AT LEAST EQUAL TO THE REQUIRE- MENTS OF THE APPLICABLE FINANCIAL RESPONSIBILITY LAWS; PROVIDED THAT, IN THE EVENT THERE IS NO SUCH OTHER VALID AND COLLECTIBLE INSURANCE, COV- ERAGE SHALL BE AFFORDED SUCH PERSON OR ORGANIZATION WITH LIMITS OF LIABILITY EQUAL TO THE REQUIREMENTS OF THE FINANCIAL RESPONSIBILITY LAWS; 2. WITH RESPECT TO ANY HIRED AUTOMOBILE, TO THE OWNER, OR LESSEE THEREOF OTHER THAN THE NAMED INSURED, OR TO ANY AGENT OR EMPLOYEE OF SUCH OWNER OR LESSEE. -4- IV. POLICY PERIOD, TERRITORY: THIS POLICY APPLIES ONLY TO OCCURRENCES WHICH TAKE PLACE DURING THE POLICY PERIOD ANYWHERE IN THE WORLD. EXCLUSIONS THIS POLICY DOES NOT APPLY: (A) UNDER COVERAGES A AND C TO LIABILITY ARISING OUT OF THE MAINTENANCE AND USE OF ANY AIRCRAFT (1) OWNED BY, HIRED BY, OR LOANED TO THE INSURED OR (2) IN FLIGHT (MEANING THE TIME COMMENCING WITH THE ACTUAL TAKE -OFF RUN OF THE AIRCRAFT AND CONTINUING THEREAFTER UNTIL IT HAS COMPLETED ITS LANDING RUN) BY OR FOR THE ACCOUNT OF THE INSURED; (B) UNDER COVERAGE A, TO ANY OBLIGATION FOR WHICH THE INSURED OR ANY CARRIER AS HIS INSURER MAY BE HELD LIABLE UNDER ANY WORKMEN'S COMPENSATION, UNEMPLOYMENT COMPEN- SATION OR DISABILITY BENEFITS -LAW, OR UNDER ANY SIMILAR LAW; (C) UNDER COVERAGE A, EXCEPT WITH RESPECT TO LIABILITY ASSUMED BY THE INSURED UNDER CONTRACT, TO BODILY INJURY TO OR SICKNESS, DISEASE OR DEATH OF ANY EMPLOYEE OF THE INSURED ARISING OUT OF AND IN THE COURSE OF HIS EMPLOY- MENT BY THE INSURED; (D) UNDER COVERAGES B AND C, TO INJURY TO OR DESTRU- CTION OF (1) PROPERTY OWNED BY THE INSURED, OR (2) PROPERTY RENTED TO OR LEASED TO THE INSURED WHERE THE INSURED HAS ASSUMED LIABILITY FOR DAMAGE TO OR DESTRU- CTION OF SUCH PROPERTY UNLESS THE NAMED INSURED WOULD HAVE BEEN LIABLE IN THE ABSENCE OF SUCH ASSUMPTION OF LIABILITY; (E) UNDER COVERAGE C, (1) TO INJURY TO OR DESTRUCTION OF AIRCRAFT IN THE CARE, CUSTODY OR CONTROL OF THE INSURED, OR (2) TO THE OWNERSHIP, MAINTENANCE OR USE OF ANY AUTOMOBILE, (F) UNDER COVERAGE D, TO INJURY TO, DESTRUCTION OR DISAPPEARANCE OF ANY TANGIBLE PROPERTY (INCLUDING MONEY)OR THE LOSS OF USE THEREOF; (G) TO LIABILITY ARISING UNDER ARTICLE 1, SECTION 14 OF THE CONSTITUTION OF CALIFORNIA. -5- CONDITIONS THE CONDITIONS, EXCEPT CONDITIONS 4, 5, 6 AND 7, APPLY TO ALL COVERAGES. CONDITIONS 4, S, 6 AND 7 APPLY ONLY TO THE COVERAGE OR COVERAGES NOTED THEREUNDER. 1. PREMIUM: THE PREMIUM STATED IN THE DECLARATIONS IS AN TE�ED ANNUAL PREMIUM ONLY FOR THE AUTOMOBILES AND A FLAT ANNUAL CHARGE FOR EXPOSURES OTHER THAN AUTOMOBILES. AT THE END OF EACH ANNUAL PERIOD OF THIS POLICY, THE EARNED PREMIUM FOR AUTOMOBILES SHALL BE COMPUTED IN ACCORDANCE WITH THE COMPANY'S RULES, RATES, RATING PLANS, PREMIUMS AND MINIMUM PREMIUMS APPLICABLE TO THIS INSURANCE. IF THE EARNED PREMIUM THUS COMPUTED EXCEEDS THE ESTIMATED ADVANCE PREMIUM PAID, THE NAMED INSURED SHALL PAY THE EXCESS TO THE COMPANY; IF LESS, THE COMPANY SHALL RETURN TO THE NAMED INSURED THE UNEARNED PORTION PAID BY SUCH INSURED. THE NAMED INSURED SHALL MAINTAIN, FOR EACH HAZARD, RECORDS OF THE INFORMATION NECESSARY FOR PREMIUM COM- PUTATION. 2. INSPECTION AND AUDIT: THE COMPANY SHALL BE PERMITTED BUT NOT OBLIGATED TO INSPECT THE NAMED INSURED'S PROPERTY AND OPERATIONS AT ANY TIME. NEITHER THE COMPANY'S RIGHT TO MAKE INSPECTIONS NOR THE MAKING THEREOF NOR ANY REPORT THEREON SHALL CONSTITUTE AN UNDERTAKING, ON BEHALF OF OR FOR THE BENEFIT OF THE NAMED INSURED OR OTHERS, TO DETER- MINE OR WARRANT THAT SUCH PROPERTY OR OPERATIONS ARE SAFE. THE COMPANY MAY EXAMINE AND AUDIT THE NAMED INSURED'S BOOKS AND RECORDS AT ANY TIME DURING THE POLICY PERIOD AND EXTENSIONS THEREOF AND WITHIN THREE YEARS AFTER THE FINAL TERMINATION OF THIS POLICY, AS FAR AS THEY RELATE TO THE SUBJECT MATTER OF THIS INSURANCE. 3. DEFINITIONS: (A) OCCURRENCE. THE WORD "OCCURRENCE" MEANS AN EVENT OR A CONTINUOUS OR REPEATED EXPOSURE TO CONDITIONS WHICH CAUSE INJURY TO PERSONS OR DAMAGE TO PROPERTY DURING THE POLICY PERIOD THAT IS NEITHER KNOWINGLY NOR INTENTIONALLY CAUSED BY OR AT THE DIRECTION OF THE INSURED. (B) AUTOMOBILE. EXCEPT WHERE STATED TO THE CONTRARY, THE WORD "AUTOMOBILE" MEANS A LAND MOTOR VEHICLE OR TRAILER AS FOLLOWS; 1. OWNED AUTOMOBILE - AN AUTOMOBILE OWNED BY THE NAMED INSURED; -6- 2. HIRED AUTOMOBILE - AN AUTOMOBILE USED UNDER CONTRACT IN BEHALF OF, OR LOANED TO, THE NAMED INSURED PROVIDED SUCH AUTOMOBILE IS NOT OWNED BY OR REGISTERED IN THE NAMES OR (A) THE NAMED INSURED OR (4) AN OFFICER, SERVANT, OR EMPLOYEE OF THE NAMED INSURED WHO IS GRANTED AN OPERATING ALLOWANCE OF ANY SORT FOR THE USE OF SUCH AUTOMOBILE; 3. NON -OWNED AUTOMOBILE - ANY OTHER AUTOMOBILE. THE FOLLOWING DESCRIBED EQUIPMENT SHALL BE DEEMED AN AUTOMOBILE WHILE TOWED BY OR CARRIED ON AN AUTOMOBILE NOT SO DESCRIBED, BUT NOT OTHERWISE: IF OF THE CRAWLER -TYPE, ANY TRACTOR., POWER CRANE OR SHOVEL, DITCH OR TRENCH DIGGER; ANY FARM -TYPE TRACTOR; ANY CONCRETE MIXER OTHER THAN OF THE MIX -IN- TRANSIT TYPE; ANY GRADER, SCRAPER, ROLLER OR FARM IMPLEMENT; AND, IF NOT SUBJECT TO MOTOR VEHICLE REGISTRATION, ANY OTHER EQUIPMENT NOT SPECIFIED BELOW, WHICH IS DESIGNED FOR USE PRINCIPALLY OFF PUBLIC ROADS. THE FOLLOWING DESCRIBED EQUIPMENT SHALL BE DEEMED AN AUTOMOBILE WHILE TOWED BY OR CARRIED ON AN AUTO- MOBILE AS ABOVE DEFINED SOLELY FOR PURPOSES OF TRANSPORTATION OR WHILE BEING OPERATED SOLELY FOR LOCOMOTION, BUT NOT OTHERWISE; IF OF THE NON- CRAWLER TYPE, ANY POWER CRANE OR SHOVEL, DITCH DIGGER; AND ANY AIR - COMPRESSING, BUILDING OR VACUUM CLEANING, SPRAYING OR WELDING EQUIPMENT OR WELL DRILLING MACHINERY. (C) SEMI TRAILER. THE WORD "TRAILER" INCLUDES SEMI TRAILER. (D) TWO OR MORE AUTOMOBILES. THE TERMS OF THIS POLICY APPLY SEPARATELY TO EACH AUTOMOBILE INSURED HERE- UNDER, BUT A MOTOR VEHICLE AND A TRAILER OR TRAILERS ATTACHED THERETO SHALL BE HELD TO BE ONE AUTOMOBILE AS RESPECTS LIMITS OF LIABILITY. (E) USE. USE OF AN AUTOMOBILE OR AIRCRAFT INCLUDES THE LOADING AND UNLOADING THEREOF. 4. LIMITS OF LIABILITY: THE LIMIT OF LIABILITY STATED IN THE DECLARATIONS UNDER COVERAGE A AS APPLICABLE TO "EACH PERSON" IS THE LIMIT OF COMPANY'S LIABILITY FOR ALL DAMAGES, INCLUDING DAMAGES FOR CARE AND LOSS OF SERVICES, ARISING OUT OF,BODILY INJURY, SICKNESS, OR DISEASE OR ARISING OUT OF ANY OTHER INJURY A PERSON MAY SUFFER TO HIS PERSON, INCLUDING DEATH AT ANY TIME RESULTING THEREFROM, SUSTAINED BY ONE PERSON AS THE RESULT OF ANY ONE OCCURRENCE; THE LIMIT OF SUCH LIABILITY STATED IN THE DECLARATIONS AS APPLICABLE TO "EACH OCCURRENCE" IS, SUBJECT TO THE ABOVE -7- W PROVISION 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 BODILY INJURY, SICKNESS, OR DISEASE OR ARISING OUT OF-ANY OTHER INJURY A PERSON MAY SUFFER TO HIS PERSON, INCLUDING DEATH AT ANY TIME RESULTING.THEREFROM, SUSTAINED BY TWO OR MORE PERSONS AS THE RESULT OF ANY ONE OCCURRENCE. S. LIMITS OF LIABILITY: THE LIMIT OF LIABILITY STATED IN THE DECLARATIONS UNDER COVERAGE B AND C AS APPLICABLE TO "EACH OCCURRENCE" IS THE TOTAL LIMIT OF THE COMPANY'S LIABILITY FOR ALL DAMAGES ARISING OUT OF INJURY TO OR DESTRUCTION OF ALL PROPERTY OF ONE OR MORE PERSONS OR ORGANIZATIONS, INCLUDING THE LOSS OF USE THEREOF, AS THE RESULT OF ANY ONE OCCURRENCE. 6. LIMITS OF LIABILITY - PRODUCTS: SUBJECT TO THE LIMIT OF LIABILITY WITH RESPECT TO "EACH OCCURRENCE" THE LIMITS OF LIABILITY UNDER COVERAGES A AND C STATED IN THE DEC- LARATIONS AS "AGGREGATE PRODUCTS" ARE RESPECTIVELY THE TOTAL LIMITS OF THE COMPANY'S LIABILITY FOR ALL DAMAGES ARISING OUT OF THE USE OF OR THE EXISTENCE OF ANY CON- DITION IN WATER SOLD OR DISTRIBUTED BY THE INSURED DURING EACH ANNUAL PERIOD. 7. LIMITS OF LIABILITY: THE LIMIT OF ERRORS OR OMISSIONS LIABILITY STATED IN THE DECLARATIONS AS APPLICABLE TO "EACH PERSON ", IS THE TOTAL LIMIT OF THE COMPANY'S LIABILITY FOR ALL SUMS PAYABLE UNDER COVERAGE D TO ANY ONE PERSON OR ORGANIZATION. SUBJECT TO THE ABOVE PROVISION WITH RESPECT TO "EACH PERSON ", THE LIMIT OF ERRORS AND OMISSIONS LIABILITY STATED IN THE DECLARATIONS AS "AGGREGATE" IS THE TOTAL LIMIT OF THE COMPANY'S LIABILITY FOR ALL SUMS PAYABLE UNDER COVERAGE D DURING EACH ANNUAL PERIOD. 8. LIMITS OF LIABILITY: FOR THE PURPOSE OF DETERMINING THE LIMIT OF THE COMPANY'S LIABILITY, ALL BODILY AND PERSONAL INJURY AND PROPERTY DAMAGE ARISING OUT OF CONTINUOUS OR REPEATED EXPOSURE TO SUBSTANTIALLY THE SAME GENERAL CONDITIONS SHALL BE CONSIDERED AS ARISING OUT OF ONE OCCURRENCE. 9. SEVERABILITY OF INTERESTS: THE TERM "THE INSURED" IS USED SEVERALLY AND NOT COLLECTIVELY BUT THE INCLUSION HEREIN OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. 10. FINANCIAL RESPONSIBILITY LAWS: WHEN THIS POLICY IS CERTIFIED AS PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE UNDER THE PROVISIONS OF ANY MOTOR VEHICLE FINAN- CIAL RESPONSIBILITY LAW, SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR BODILY INJURY LIABILITY OR FOR PRO- PERTY DAMAGE LIABILITY SHALL COMPLY WITH THE PROVISIONS -8- . W OF SUCH LAW TO THE EXTENT OF THE COVERAGE AND LIMITS OF LIABILITY REQUIRED BY SUCH LAW. 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 AGREEMENT CONTAINED IN THIS PARAGRAPH. 11. NOTICE OF AN OCCURRENCE: UPON THE HAPPENING OF AN OCCURRENCE WRITTEN NOTICE SHALL BE GIVEN BY OR ON BEHALF OF THE INSURED TO THE COMPANY OR ANY OF ITS AUTHORIZED REPRESENTATIVES AS SOON AS PRACTICABLE AFTER AN OFFICER OR AN EMPLOYEE IN CHARGE OF REPORTING SUCH LOSSES TO INSURANCE COMPANIES LEARNS OF THE OCC- URRENCE. SUCH NOTICE SHALL CONTAIN PARTICULARS SUFF- ICIENT TO IDENTIFY THE INSURED AND ALSO REASONABLY OBTAINABLE INFORMATION WITH RESPECT TO THE TIME, PLACE AND CIRCUMSTANCES OF THE OCCURRENCE, THE NAMES AND ADDRESSES OF THE INJURED AND OF AVAILABLE WITNESSES. 12. NOTICE OF CLAIM OR SUIT: IF CLAIM IS MADE OR SUIT IS BROUGHT AGAINST THE INSURED, THE INSURED SHALL IMMED- IATELY FORWARD TO THE COMPANY EVERY DEMAND, NOTICE, SUMMONS OR OTHER PROCESS RECEIVED BY HIM OR HIS REP- RESENTATIVE. 13. 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, AND THE COMPANY SHALL REIMBURSE THE INSURED FOR ANY EXPENSE, OTHER THAN LOSS OF EARNINGS, INCURRED AT THE COMPANY'S REQUEST. THE INSURED SHALL NOT, EXCEPT AT HIS OWN COST, VOLUNTARILY MAKE ANY PAYMENT, ASSUME ANY OBLIGATIONS OR INCUR ANY EXPENSE OTHER THAN FOR SUCH IMMEDIATE MEDICAL OR SURGICAL RELIEF MOTHERS AS SHALL BE IMPERATIVE AT THE TIME OF INJURY. THE BREACH OF ANY WARRANTY OR FAILURE TO COMPLY WITH ANY CONDITION OF THIS POLICY ON THE PART OF ANY ADDITIONAL INSURED SHALL NOT AFFECT OR PREJUDICE THE RIGHTS OF THE INSURED. THE INSURED MAY, AT THE INSURED'S OWN COST, HAVE THE INSURED'S ATTORNEYS PARTICIPATE IN THE DEFENSE OF ANY SUIT OR IN THE PROSECUTION OF ANY APPEAL. 14. ACTION AGAINST COMPANY: NO ACTION SHALL LIE AGAINST THE COMPANY UNLESS, AS A CONDITION PRECEDENT THERETO, THE INSURED SHALL HAVE FULLY COMPLIED WITH ALL THE TERMS OF THIS POLICY, NOR 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. -9- i-j VvTwwvrwlww ANY PERSON, ORGANIZATION OR THE LEGAL REPRESENTATIVE THEREOF WHO HAS SECURED SUCH JUDGMENT'OR WRITTEN AGREE- MENT SHALL THEREAFTER BE ENTITLED TO RECOVER UNDER THIS POLICY IN THE SAME MANNER AND TO -THE SAME EXTENT AS THE INSURED. NOTHING CONTAINED IN THIS POLICY SHALL GIVE ANY PERSON OR ORGANIZATION ANY RIGHT TO JOIN THE COMPANY AS A CO- DEFENDANT IN ANY ACTION AGAINST THE INSURED TO DETERMINE THE INSURED'S LIABILITY. BANKRUPTCY OR INSOLVENCY OF THE INSURED OR OF THE INSURED'S ESTATE SHALL NOT RELIEVE THE COMPANY OF ANY OF ITS OBLIG- ATIONS HEREUNDER. 15. OTHER INSURANCE: IF THE INSURED HAS OTHER VALID AND COLLECTIBLE INSURANCE AGAINST A LOSS COVERED BY THIS POLICY, THE INSURANCE EXTENDED BY THIS POLICY SHALL BE EXCESS INSURANCE ONLY AND NOT PRIMARY OR CONTRIBUTING. 16. SUBROGATION: IN THE EVENT OF ANY PAYMENT UNDER THIS POLICY, THE COMPANY SHALL BE SUBROGATED TO ALL THE INSURED'S RIGHTS OF RECOVERY THEREFOR AGAINST ANY PER- SON OR ORGANIZATION NOT AFFILIATED WITH OR UNDER THE CONTROL OF THE INSURED, AND THE INSURED SHALL EXECUTE ANb DELIVER INSTRUMENTS AND PAPERS AND DO WHATEVER ELSE IS NECESSARY TO SECURE SUCH RIGHTS. THE INSURED SHALL DO NOTHING AFTER LOSS TO PREJUDICE SUCH RIGHTS. 17. CHANGES: NO NOTICE TO ANY REPRESENTATIVE OR KNOWLEDGE POSSESSED BY ANY OTHER PERSON SHALL BE HELD TO EFFECT A WAIVER OR CHANGE IN ANY PART OF THIS POLICY OR STOP 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 OF THIS POLICY. 18. CANCELLATION: THIS POLICY MAY BE CANCELLED BY THE NAMED INSURED BY MAILING TO THE COMPANY WRITTEN NOTICE STATING WHEN THEREAFTER THE CANCELLATION SHALL BE EFFECTIVE. THIS POLICY MAY BE CANCELLED BY THE COMPANY BY MAILING TO THE NAMED INSURED AT THE ADDRESS SHOWN IN THIS POLICY WRITTEN NOTICE STATING WHEN NOT LESS THAN SIXTY (60) DAYS THEREAFTER SUCH CANCELLATION SHALL BE EFFECTIVE. THE MAILING OF NOTICE AS AFORESAID SHALL BE SUFFICIENT PROOF OF NOTICE. THE TIME OF THE SURRENDER OR THE EFFECTIVE DATE OF CANCELLATION STATED IN THE NOTICE SHALL BECOME THE END OF THE POLICY PERIOD. DELIVERY OF SUCH WRITTEN NOTICE EITHER BY THE NAMED INSURED OR BY THE COMPANY SHALL BE EQUIVALENT TO'MAILING. IF THE NAMED INSURED CANCELS, EARNED PREMIUM SHALL BE COMPUTED IN ACCORDANCE WITH THE CUSTOMARY SHORT RATE TABLE AND PROCEDURE. IF THE COMPANY CANCELS, EARNED PREMIUM SHALL BE COMPUTED PRO RATA. PREMIUM ADJUSTMENT MAY BE MADE EITHER AT THE TIME CANCELLATION IS EFFECTED OR AS SOON AS PRACTICABLE AFTER CANCELLATION BECOMES -10- EFFECTIVE, BUT PAYMENT OR TENDER OF UNEARNED PREMIUM IS NOT A CONDITION OF CANCELLATION. 19. ACT, OMISSIONS OR ERRORS: ANY ACT, OMISSION OR ERROR, ON THE PART OF ANY INSURED UNDER THE POLICY SHALL NOT PREJUDICE THE INTEREST OF ANY OTHER INSURED UNDER THIS POLICY. -11- W GENERAL - AUTOMOBILE LIABILITY POLICY % , MILUM v" GARVEY _ - plraa) sae -aesz STARINSURANCE ti COMPANY 5401 NORTH 76TH STREET, P.O. 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Ile pue Auedwoa all Aq ppua a;ap 1!ns hue ui pamsul ayj Isu!ege paxel sjsoo Ile 'Auedwoa all All pau,1nou! sasuadxa Ile (e) :41mo!l jo ;!w!I algeojldde all o1 uoij!ppe u! 'Aed p!m Auedwoa 841 1"U116d Amrlm r �smollo; se pa,1nsul paweu all 4I!M saa,1ge 'Aallod sill jo sw,1al all 10 0e oI 139fgns pue ;oa,1ay lied a apew suo! ;e,1el3ap ayI ul sluawale ;s ally uodn a3uegai u! 'wn!wa,1d all ;o juawAed all jo uo!le,1ap!suoa ul (Auedwoa all poliv u!a,1a4 'Auedwoa Moo ;s y) NISNOOSIM '33NnVMlIW ANVdWOJ 30NvvnSN1 11V1S Lnsert Declarations Page (Part Two) and Coverage Part(s) here so that top edge butts against fold of Contract, and permits policy number to appear through wi ATTACH ENDORSEMENTS, IF AN TO TOP BACK OF DECLARATIONS. W. integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix -in- transit type); graders, scrapers, rollers and other road construction or repair equipment; air - compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servicing equipment; "named insured" means the person or organization named in Item 1. of the declarations of this policy; "named Insured's products" means goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily Injury or property damage neither expected nor intended from the standpoint of the insured; "policy territory" means: (1) the United States of America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily injury or property damage does not occur in the course of travel or transportation to or from any other country, state or nation, or (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consump- tion within the territory , described in paragraph (1) above, provided the original suit for such damages Is brought within such territory; "products hazard" includes bodily injury and property damage arising out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; "underground property damage hazard" includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground property damage' means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back - filling or pile driving. The underground property damage hazard does not include property damage (1) arising out of operations performed for the named insured by independent con- tractors, or (2) included within the completed operations hazard, or (3) for which liability is assumed by the insured under an incidental contract. eandd4a d 1• Premium. All premiums for this policy shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. At the close of each period (or part thereof terminating with the end of the policy period) designated in the declarations as the audit period the earned premium shall be computed for such period and, upon notice thereof to the named insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the com- pany shall return to the named insured the unearned portion paid by the named insured. The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the company at the end of the policy period and at such times during the policy period as the company may direct. 2• Inspection and Audit. The company shall be permitted but not obligated to inspect the named insured's property and operations at any time. Neither the com- pany's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The company may examine and audit the named insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3• Financial Responsibility Laws. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily Injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reimburse the company for any payment made by the com- pany which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. q. Insured's Duties in the Event of Occurrence, Claim or Suit. (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the insured to the company or any of its authorized agents as soon as practicable. (b) If claim is made or suit is brought against the insured, the insured shall im- mediately forward to the company every demand, notice, summons or other process received by him or his representative. (c) The insured shall cooperate with the company and, upon the company's request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the insured because of injury or damage with respect to which insurance is afforded under this policy; and the insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. 5• Action Against Company. No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor 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 thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against the insured to determine the insured's liability, nor shall the company be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder. 6. Other Insurance. The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insur- ance provides for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 7• Subrogation. In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. S. Changes. Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a 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 of this policy, signed by a duly authorized representative of the company. 9• Assignment. Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon; if, however, the named insured shall El -Ao!lod s!q; Aq papJO; ;e a80Jano0 qHm 41oA maN w Aldde ;ou saop 'aeoge pa;uutl ' „wjo3 peolg— ;uawasmpu3 'A;ladold ;o U0112UIWEIU03 aA113e01peJ 10 SWIO) He Sapnlow „a8ewep Aljadwd, 'lepalew algeuo!ss! l ;o ssew 1¢311113 a VIBIU03 0; JO U0113001 wego 8u!lloddns - ;las a ul uo!ss! jealm u!elsns o; pasn jo pau8!sap snleledde Aug sueaw „JOlom Jealonu, 'suo!lelado 4ons Jo; pasn sas!wald Ile pue al!s gans uo pa;3npuo suoH.elado Ile 'p9;eool sl Su!o8alo; 941 10 Aug go!4m uo aHs aqj sapnlou! pu 'alsem ;o lesods!p in a3vols a4; ja; pasn to pajedajd aaeld in sasiwald 'uonene3xa 'u!seq 'amlowls Aug (p) 'SEZ wnweln 10 swej8 0SZ ue43 alow in ';oaja4; uoneu!gwo3 Aug jo EEZ wnmeln in wn!uolnld In swej8 SZ ueyl Blow SUIRIU03 10 ;O sls!SUO3 paleaol s! aomp in luawdmba gans ajagm sas!ujajd aqj le paJnsu! aqj ;o Apo;sn3 aqj ui le!jalew gans ;o lunowe le;ol aqj awl; Aug le 11 leualew Jealanu le!aads In Su!4olle to Su!;eopge; '8u!ssmid Bull jo; pasn OO!Aap to luawdmba Aug (3) 'alsem Su!Se>loed jo Su!ssaaold '8uilpuey (E) 10 'Ian) ;cads Su!zn!ln jo Su!ssaowd (Z) 'wnm6jnld jo wmuwn ;o sadolos! aqj Sugejedas (p jo; pasn Jo pau8!sap 931Aap to luawdiba Aug (q) 1013031 Jealonu Aug (e) sueaw ,Aj!l!3oj Jealanu,. 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Ao!lod 5141 11 'hilad JeaA aojgl -oL WileluasajdaJ legal Bull jo uo!leognenb pue luawlwodde aqj l!1un Aluo ;nq 'pamsu! se ' ;oala4; Apo;sno Ajejodwal jadold BUTA94 uoslad a41 of 'pamsul paweu a43 10 Apadojd 341 o; 13odsoi yl!m (Z) pue 'gans se sa!lnp s!4 In adoos ayl w4 41m Su113e al!gm Ann lnq 'pamsul pawea a4; se 'BANeluaswdaj 193al s,palnsul puwea 94; o; (1) Al lde Ilegs Ao!1od s!ql Aq papjage si se aauejnsu! gans 'alp ' ISSUED BY % K 1a 3435 Wilshire Boulevard os Angeles, California 90010 BINDER NO. 1109 THIS IS TO CERTIFY that the undersigned have procured insurance as hereinafter specified from '�IffF�E�iE Star Insurance Company. Assured City of Newport Beach, Etal Address 3300 Newport Boulevard, Newport Beach, California 92660 Amount or Limits$ 300,000. C.S.L. Bodily Injury or Property Damage or Bodily Injury and Property Damage Combined each occurrence and in the aggregate }u3ob annually as respects the "Products Hazard ". Coverage: Comprehensive General Liability including Full Malpractice coverage for 8 paramedics. Malpractice Limits: $100 /300 General Bodily Injury $100 /100 General Property Damage Remarks $1,000. deductible per claim including expenses for General Liability. $250. deductible per claim expenses for Malpractice Liability. Assigned Policy Number: GA 01935 60 Day Cancellation Notice by Registered Mail to County Clerk's Office. The above insurance is subject to the conditions and terms of the current Certificate(s) now in use by Underwriters and /or Insurance Companies. This Binder may be cancelled at any time by the Assured or the Undersigned giving the other notice in writing. A pro-rata premium charge will be made for this Binder, unless a Certificate(s) is /are accepted by the Assured whereupon coverage hereunder shall be null and void. Beginning at 12:01 A. M. on the 25th day of June and ending at12: 01 AM on the 25th day of 1975 July 1975. WORLDWIDE FACILITIES, INC. Dateof Issue 6 -19 -75 By RJW /af /krb _ Producer American National General Agencies •- _. -.✓ By W WF 103 3/71 . J a a J - . RESOLUTION NO. R 5 2 4 By A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR AUTOMOBILE AND COMPREHENSIVE PUBLIC LIABILITY INSURANCE COVERAGE. WHEREAS, the Insurance Committee has,held a number of meetings with the City's Insurance Broker for the purpose of reviewing the City's insurance specifications and the bids received for the City's coverage for 1975; and WHEREAS, the Insurance Committee has recommended that the City's general liability policy for next year should be awarded to The Star Insurance Company as the primary carrier (exclusive of primary automobile liability) and the Fireman's Fund Insurance Company for primary automobile liability and the Midland Insurance Company as the excess carrier; NOW, THEREFORE, BE IT RESOLVED that the City Council . of the City of Newport Beach accepts the recommendation of the Insurance Committee and hereby awards the City insurance. contract i for the period commencing on 12:01 A.M., June 25, 1975, and ending on 12:01 A.M., June 25, 1976, to The Star Insurance Company as the primary general liability carrier (exclusive of primary automobile liability) and the Fireman's Fund Insurance Company for primary automobile liability and the Midland Insurance Company as the excess umbrella liability carrier. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with this award and on behalf of the City of Newport Beach. ADOPTED this 23rd day of June, 1975. Mayor ATTEST: City Clerk CC i 6/23%75