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HomeMy WebLinkAboutC-1769 - Excess auto & compensation liability insuranceThis endo ent modifies such insurance as is afforded boprovisions of the policy relating to the following designated insurance: RX UMBRELLA LIABILITY DEFENSE COVERAGE ENDORSEMENT In consideration of the premium set forth herein, it is agreed that Coverage A of this policy Is extended to include the following: 1. In the event of the cessation of the obligation of all underlying insurers either to investigate and defend the Insured or to indemnify the insured or to pay on behalf of the insured the costs and expenses of investigating and defending the insured, then the company shall either (a) assume the duty of investigating and defending the insured against suits seeking damages otherwise covered under this policy, or (b) indemnify the insured for the reasonable costs and expenses of investigating and defending suits seeking damages other wise covered under this policy, whichever the company may elect. However, nothing contained herein shall be construed as affording coverage for the office expenses of the insured, the salaries and expenses of employees of the insured or the general retainer fees of counsel retained by the insured. 2. As soon as the insured has information that the obligation of all underlying, insurers to either investigate and defend, indemnify or pay on behalf of the insured the costs and expenses of mvostgatmg, and defending the insowd has or will cease. the insured shall immediately give written notice to the company. Upon receipt of such notice the company will, within a reasonable tune, elect and notify the insured of its decision. 3. The additional obligations assumed by the company under the terms of this endorsement are included in, and not in addition to, the applicable limit of the company's liability. 4. The last sentence in the definition of loss in the policy form is deleted. 5. It is further agreed that: "When the company elects to proceed in accordance with provision 1(a) of this endorsement, the company shall assume the duty of investigating and defending the insured against suits seeking damages otherwise covered under this policy and shall have the right to make any settlement of any suit as it deems expedient. At all other times the company shall still have the right, but only if it so elects, to participate in the investigation, settlement, trial, appeal or other defense of any claim or suit against the insured." 6. The additional premium for this endorsement is_..... _._ INCLUDED This endorsement forms a part of and is for attachment to the following described policy issued by the Columbia Casualty company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. 6 POLICY NO. 'DU 186 28 02 GOLUMB /N CgSUHLTYGOMF9NY Uoniplety Only 11 hen This Endorsement Is Not t'repared with the Poltry Or Is Not to he Effective with the Policy CITY OF NEWPORT BEACH THIS ENDORSEMENT 6 -25 -75 Co inte,signetl b IF h 'z pre Iva v i � x Vti This endorsengmodifies such insurance as is afforded by th� visions of the policy relating to the following designated insurance: ® Umbrella Liability It is agreed and understood that the cancellation notice of the cancellation provision is amended from thirty days to sixty days. Further, it is agreed that the cancellation notice will be mailed to the office of the City Manager by registered mail. This endorsement forms a part of and is for attachment to the following described policy issued by the Columbia Casualty company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT, NO, 5 POLICY NO. R 186 28 02 C011IM81g CNSlIgTyCOMMY Blank Endorsement C- 17013 -A Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to he Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT City of Newport Beach 6 -25 -75 Countersigned by iPjj�/n / 9 Authorized Representative Ohio LIABILITY EACESS THIRD PARr* POLICY 0 MR The Columbia Casualty Company Is stock company, herein called the company) in consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the insured named in the declarations as follows: COVERAGE 1. COVERAGE A— EXCESS LIABILITY INDEMNITY The company will indemnify the insured for loss in excess of the told ap . pllcable limits of liability of underlying insurance stated in the s The provisions of the immediate underlying policy are, with respect to erage A, incorporated as a part of this policy except for any obligation to investigate and defend and pay for costs and expenses incident to any of the same, the amounts of the limits of liability, an "other insurance" provi. sion and any other provisions therein which are inconsistent with this policy. If the applicable coverage in the immediate underlying policy insures ac. cidents rather than occurrences, then "accident" is substituted for "occur rence" with respect to such Insurance as is afforded under Coverage A of this policy. 2. COVERAGE B— EXCESS LIABILITY INDEMNITY OVER RETAINED LIMIT The company will indemnify the insured, with respect to any occurrence not covered by underlying insurance, or with respect to damages not cov ered by underlying insurance but which results from an occurrence covered by underlying insurance, for ultimate net loss in excess of the insured's retained limit which the insured shall become obligated to pay as damages by reason of liability imposed upon the insured by law or assumed by the insured under any contract because of personal injury, property damage, or advertising injury to which this coverage applies, caused by an occurrence. The company, with respect to an occurrence not covered in whole or in part by underlying in- surance or to which there is no other insurance in any way applicable, shall have the right and duty to defend any suit against the insured seeking dam ages on account of such personal injury, property damage or advertising injury, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted. If the company is prevented by law or otherwise from performing the obli. gation to defend set forth in this coverage, the company will reimburse the insured for defense costs and expenses incurred with the written consent of the company. Amounts paid or incurred by the company pursuant to the obligation to defend set forth in this coverage are not subject to the amount stated in item 4 in the declarations and are in addition to the limits of the company's liability. Exclusions This insurance does not apply under Coverage B: (a) to personal Injury or property damage due to war, whether at not de- clared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing with respect to liability as sumed by the insured under contract; (b) to any obligation for which the insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law, pro vided, however, that this exclusion does not apply to liability of others, other than the insured's carrier as his insurer, assumed by the named insured under contract; (c) to property damage to (1) property owned by the insured, (2) the named insured's products arising out of such products or any part of such products, (3) work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; (d) to personal injury or property damage resulting from the failure of the named insured's products or work completed by or for the named insured to perform the function or serve the purpose intended by the named insured, if such failure is due to a mistake or deficiency in any design, formula, plan, specifications, advertising material or printed instructions prepared or developed by any insured, but this exclusion does not apply to personal injury or property damage resulting from the active real functioning of such products or work; (e) to damages claimed for the withdrawal, inspection, repair, replacement, or loss of use of the named insured's products or work completed by or for the named insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; (f) to damages arising out of a claim by a named insured against another named insured hereunder for property damage to property rented to, used by, or property in the care, custody or control of the other named insured or as to which the other named insured is for any purpose ex efcising physical control when the named insured is the owner or lessee of the property; (g) with respect to advertising injury, to damages resulting from (1) breach of contract other than an implied contract to pay for the misappropriation of an idea, (2) infringement or misappropriation of a trademark, servicemark or tradename, (3) the incorrect description of any article or commodity or (4) mistake in advertised price. 3. PERSONS INSURED — COVERAGE B Each of the following is an insured under coverage B of this policy to the extent set forth below: (a) the named insured; (b) with respect to the ownership, maintenance or use, including loading or unloading thereof, of an automobile, aircraft or watercraft (1) any partner or executive officer of the named Insured, but with re- spect to a non -owned automobile, aircraft or watercraft only while such automobile, aircraft or watercraft is being used in the business of the named Insured; (2) any other person while using an owned automobile, aircraft or water craft or a hired automobile, aircraft or watercraft with the permission of the named insured, his actual operation or (if he is not operating) his other actual use thereof is within the scope of such permission. but with respect to personal injury or property damage arising out of the loading or unloading thereof, such other person shall be an insured only if he is: (i) a lessee or borrower of the automobile, aircraft or watercraft or (ii) an employee of the named insured or such lessee or borrower, (3) except with respect to aircraft or watercraft, any other person or or ganization but only with respect to his or its liability because of acts or omissions of the named insured or an insured under (1) or (2) above. (c) except with respect to the ownership, maintenance or use, including the loading or unloading thereof, of an automobile, aircraft or watercraft (1) any executive officer, other employee, director or stockholder of the named insured while acting within the scope of his duties as such. (2) if the named insured is designated in the declarations as a partner ship or joint venture, the partnership or joint venture so designated and any member thereof but only with respect to his liability as such, and (3) any person or organization while acting as real estate manager for the named insured, (d) any person or organization to whom the named insured is obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to operations by or on behalf of the named insured or to facilities of or used by the named insured; None of the following is an insured under subparagraphs (b) or (c): (i) any person while engaged in the business of his employer with re spect to personal injury to any fellow employee of such person injured in the course of his employment or property damage to property owned by the named insured; (ii) any owner or lessee (of whom the named insured is a sublessee) of a hired automobile, aircraft, or watercraft, or any agent or employee of such owner or lessee; (iii) any person or organization, other than the named insured, with re spect to (1) a motor vehicle while used with any trailer owned or hired by such person or organization and not covered by like insurance in the company (except a trailer designed for use with a private passenger type automobile and not being used for business pur. poses with another type motor vehicle), or (2) a trailer while used with any motor vehicle not covered by like insurance in the company; (iv) any person or organization while employed in or otherwise engaged in duties in connection with an automobile or watercraft business (other than such a business operated by the named insured). None of the following is an insured under subparagraphs (b), (c) or (d) with respect to personal injury or property damage arising out of aircraft: (i) any manufacturer of aircraft, aircraft engines, component part of aircraft or aircraft accessories, (ii) any aircraft sales, service or repair organization, (iii) any seller of aircraft supplies, accessories, equipment or component parts of aircraft, (iv) any airport or hangar operator, or (v) the respective employees or agents of any of the aforementioned. Coverage B of this policy does not apply to personal injury or property damage arising out of (1) a non -owned automobile, aircraft or watercraft used in the conduct of any partnership or joint venture of which the insured is a partner or member and which is not designated in this policy as a named insured, or (2) if the named insured is a partnership, an automobile. aircraft or watercraft owned by or registered in the name of a partner thereof. The insurance afforded applies separately to each insured against whom claim is made or suit is brought. except with respect to the limits of the company's liability. 4. LIMITS OF LIABILITY Regardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain personal injury, property damage or advertising injury, (3) claims made or suits brought on account of personal Injury, prop. erty damage or advertising injury. (4) automobiles, aircraft or watercraft to which this policy applies or (5) coverages under which ultimate net loss and loss is insured in this policy, the company's liability is limited as follows: Each Occurrence —The limit of liability stated in item 3 of the declarations as applicable to "each occurrrence" is the limit of the company's liability for all ultimate net loss and loss to which this policy applies as the result of any one occurrence. Aggregate — Subject to the above provision respecting "each occurrrence ", the total liability of the company for all ultimate net loss and loss to which this policy applies and described in any of the numbered subparagraphs below shall not exceed the "aggregate' limit of liability staled In item 3 of the declarations: (1) all personal injury and property damage included with n the products hazard and all personal injury and property damage included within the completed operations hazard, (2) all occupational disease sustained by all employees of insureds arising out of and in the course of their employment. It this policy is issued for more than one year, this "aggregate" limit of liability applies separately to each consecutive annual period of this policy or, if the last consecutive period is less than twelve months, to such period of less than twelve months. With respect to Coverage A, It the applicable limit of liability of the under- lying insurance is less than as stated in the schedule of underlying injur ance because the aggregate limit of liability of the underlying insurance has been reduced this policy becomes excess of such reduced limit of liability. Occurrence — Special Definition — "occurrence" wherever used in this limits of liability provision means the definition thereof contained in the "Definitions" section of this policy and also means the definition thereof contained in the immediate underlying policy. 5. POLICY PERIOD Coverage A —This coverage applies to injury or destruction which occurs during this policy period in the places stated in the immediate underlying policy; provided that when the immediate underlying policy insures occur rence taking place during its policy period, instead of injury or destruction taking place during its policy period, then this coverage likewise applies to occurrences taking place during this policy period. Coverage B —This coverage applies to personal injury, property damage or advertising injury taking place during this policy period. 'LWBRELLA EXCESS THIRJJARTY -LIABILITY POLICY Item DECLARATIONS 1 �N PREFIX POLICY NUMBER RDU 186 28 02 NAMED INSURED & ADDRESS: (Number & Street, Town, County & State) City of..Newport Beach 3300 Newport Boulevard Newport Beach, California 0 GOLUMB /H GNSUHLTYGOM17g)W A stock insurance company, herein called the company 55 East Jackson Blvd.. Chicago, Illinois 60604 This insurance is issued pursuant to the California Insurance Code, Sections 1760 through 1780, and is placed in an insurer or insurers not holding a Certificate of Authority from or regulated by the Cali- fornia Insurance Commissioner. 2. Policy Period; (hereinafter called "this policy period ") 12'01 A.M., STANDARD TIME AT THE ADDRESS OF THE IN- 6-25-75 To: 6 -25 -76 SURED AS STATED HEREIN This declarations page is issued in conjunction with and forms a part of the Umbrella Excess Third Party Liability Policy 3. Limit of Liability: $ See Endorsement "each occurrence" $1 - -- "aggregate" 4. Retained Limit: $ 10,000 5. Schedule of Underlying Insurance Carrier and Policy Number Coverage SEE 6. I Premium Computation: pmm,nm A—m Payroll Advance Premium $ 25,000 Audit Period 6 -25 -75 — 6 -25 -76 C- 17007 -A #2 Estimated Exposure $10,737,375 On effective date of policy Underlying Limits of Liability Rate $.232 per $100 of Payroll Estimated Premium $25,000 Minimum Premium $ 25,000 Annual $ 25,000 Policy Term Countersigned by 40_4� -4< '� orized Representative S This endorser modifies such insurance as is afforded by theivisions of the policy relating to theTollowing designated insurance: ❑ In Umbrella Liability It is understood and agreed that Item #3, limit of Liability reads as follows: Difference between $1,000,000 ML per occurrence /aggregate and Underlying as shown in Endorsement #2 This endorsement forms a part of and is for attachment to the following described policy issued by the Columbia Casualty company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed '. ENDT. NO. 1 POLICY NO. R 186 28 02 C0111M,619 C)g5jQTYCOMPHNY Blank Endorsement C- 17013 -A Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to he Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Auth ad Representative i This endorse modifies such insurance as is afforded by thevisions of the policy relating to the flowing designated insurance: ❑ ❑ ® Umbrella Liability Carrier Fireman's Fund Ins. Co. Policy No. Star Insurance Co. GA 01935 State Fund of California Policy No, Star Insurance GA 01935 Star Insurance CO. GA 01935 Coverage Underlying Limits of Liability Comprehensive Automobile $300,000 CSL Comprehensive General Liability Employers Liability Public Officials Errors and Omissions Malpractice (paramedics Only) $300,000 CSL $100,000 each accident unlimited per accident California Bodily Injury 25,000, per person $ 50,000 In aggregate Bodily Injury $100,000 each occurrence $300,000 aggregate Property Damage $100,000 occurrence $100,000 aggregate This endorsement forms a part of and is for attachment to the following described policy issued by the Columbia Casualty company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. 2 POLICY NO. RDU 186 28 02 COLL/MBLfI CgS111gTYC0MP9NY Blank Endorsement C- 11013 -A Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to he Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Autho ' d presentative . r This endorser modifies such insurance as is afforded by thdvisions of the policy relating to the o lowing designated insurance: ® Umbrella Liability In consideration of the reduced premium charged, it is agreed that this policy excludes all claims arising out of or proximately caused by ownership, maintenance, operation or use of: 1. Hospitals, Clinics or Airports. It is further agreed that this exclusion does not apply to Medical Malpractice Coverage for Paramedics. Further it is further agreed that this policy excludes from coverage: A. Volunteer Firemen. B. Inverse Condemnation. This endorsement forms a part of and is for attachment to the following described policy issued by the Columbia Casualty company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. 3 POLICY NO. RDU 186 28 02 0111I MN 051IRTYGOMPHNY Blank Endorsement C- 17013 -A Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Autho ' e sentative • FOR ATTACHMENT TO EXCESS . • LIAi1LITY POLICY EXCLUSION (Contamination or Pollution) 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, dispersal, release or escape is sudden and accidental. It is further agreed that, if with respect to operations described in this endorsement there is a discharge, dispersal, release or escape of oil or other petroleum substance or derivative (including any oil refuse or oil mixed with wastes) into or upon any watercourse or body of water, the insurance, does not apply to bodily injury or property damage arising out of such discharge, dispersal, release or escape whether or not sudden and accidental. Description of Operations Gas Lease Operators — natural gas Gasoline Recovery — from casing head or natural gas Non - operating working interests Oil or Gas Well Shooting Oil or Gas Wells — acidizing Oil or Gas Wells — cementing Oil or Gas Wells — cleaning or swabbing — by contractors Oil or Gas Wells — drilling or redrilling, installation or recovery of casing Oil or Gas Wells — instrument logging or survey work in wells Oil or Gas Wells — perforating of casing Oil Lease Operators Oil Pipe Lines — operation, including maintenance Oil Rig or Derrick Erecting or Dismantling — wood or metal — including construction of foundations or structures or installation of equipment This endorsement forms apart of and is for attachment to the following described policy issued by the Columbia Casualty Company, and takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENOT. NO. 4 Complete Only When This Endoraemmt Is Not Prepared with the Policy Or la Not to be Effective with the Policy POLICY NO. ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT GOLUMB /H GfISUAUYGOMPgNY C- 17010 -A Countersigned by Authorize ep esentative r• CALIFORNIA TAXES ENDORSEMENT NO: 5 IT IS UNDERSTOOD AND AGREED THAT THE PREMIUM IS SUBJECT TO THE FOLLOWING TAXES AND FEES: - PREMIUM: $ 25,000.00. 3% STATE TAX $ 750.00. 4� STAMPING, FEE $ 100.00. $ 25,850.00. ATTACHED TO AND FORMING PART OF POLICY /CERTIFICATE NO: RDU 186 2802 ISSUED T0: CITY OF NEWPORT BEACH EFFECTIVE: 6/25/75 INSURANCE COMPANY: COLUMBIA CASUALTY COMPANY WORLDW,iIDE FACILITIES,INCC BY: ENDORSEMENT NO: 5 dated: SEPTEMBER 12, 1975 of W • SERVICE OF SUIT CLAUSE 0 It is agreed that in the event of the failure of the company to pay any amount claimed to be due hereunder, the company, at the request of the insured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder she I I be determined in accordance with the law and practice of such court. It is further esfed that service of process in such suit maybe spade upon Oliver M. Townsend, 310 So. Michigan Ave., Chicago, III. and that in any suit instituted against such person upon this poli6, the company will abide by the final decision of such court or of any appellate court in the event of an appeal. The above -named is authorized and directed to accept service of process on behalf of the company in any such suit and, upon the request of the insured, to give a written undertaking to the insured that he will enter general appearance upon the company's behalf in the event such suit shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States which makes provision therefor, the company hereby designates the Superintendent, Commissioner or Director of Insurance or otherofficer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf ot.the insured or any beneficiary hereunder arising out of this contract of insurance, and hereby designates the above -named as thde,; rson to whom the said officer is authorized to mail such process or a Pe true copy thereof. C0L1jMB1)q CgSUfIUY60MPANY C- 17031 -A 12. 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 endorse- ment issued to form a part of this policy. 13. Assignment: Assignment of interest under this policy shall not bind the com- pany until its consent is endorsed hereon; if, however, the named insured shall die, such insurance as is afforded by this policy shall apply (1) to the named insured's legal representative, as the named insured, but only while acting within the scope of his duties as such, and (2) with respect to the Property of the named insured, to the person having proper temporary custody thereof, as insured, but only until the appointment and qualification of the legal representative. 14. Cancellation: This policy may be cancelled by the named insured by surrender thereof to the company or any of its authorized agents or 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 30 days thereafter such cancellation shall be effective. n LJ The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall became 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 accord. ante with the customary short rate table and procedure. It the company can- cels, 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 effective, but payment or tender of unearned pre- mium is not a condition of cancellation. 15. Sole Agent: The insured first named in item 1 in the declarations is author. ized to act on behalf of all named insureds and other insureds with respect to the giving and recdiving of notice of cancellation and to receiving any return premium that may become payable under this policy. The insured first named in item I in the declarations is responsible for the payment of all pre miums but the other named insureds jointly and severally agree to make such premium payments in full if the insured first named in item 1 fails to pay the amount due within thirty days after the company gives a written demand for payment to the insured first named in item 1. IN WITNESS WHEREOF, the company designated on the declarations page has caused this policy to be signed by its president and secretary, at Chicago, Illinois, but the same shall not be binding upon the company unless countersigned on the declarations page by a duly authorized Representative of the Company. COLUMBIA CASUALTY COMPANY NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) It is agreed that: I. This policy does not apply: A. Under any Liability Coverage, to loss or ultimate net loss (1) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. U. Under any Medical Payments Coverage, or under any Supplementary Pa ments provision relating to first aid, to expenses incurred with respect to Ion or ultimate net loss resulting from the hazardous properties of nuc'ear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to loss or ultimate net loss resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or open ated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) the loss or ultimate net loss arises out of the turn:shing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United 5.ates of America, its territories or possessions or Canada, this exclusion (3) applies only to loss or ultimate net loss to such nuclear facility and any property thereat. C- 17006 -A II. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties "nuclear material" means source material, special nuclear material or by- product material; "source material ", "special nuclear material ", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (l) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing. fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, Of operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self - supporting chain reaction or to contain a critical mass of fissionable material; "loss or ultimate net loss" includes all forms of radioactive contamination of property. . CONDITIONS • Unless noted otherwise, the conditions apply to all coverages. With respect to those conditions applicable to all coverages, "named insured" also includes all persons or organizations who are named insureds under Coverage A (whether expressly or by incorporation). 1. Underlying Insurance — Changes or Additional Coverages During this Policy Period —Coverage A The insured shall immediately report to the company any change in coverage in the underlying insurance or the purchase of insurance for pedls previously uninsured by underlying insurance. Such report shall include a description of the coverage afforded and a complete description of the limits of liability thereunder and such insurance shall be deemed a part of the schedule of underlying insurance. The insured shall upon request furnish the company with exact copies of such change or such additional insurance. Any material change in the premium for the underlying insurance shall be promptly re Ported to the company and the premium for this policy may be adjusted in accordance with the manuals of the company then in effect. 2. Maintenance of Underlying Insurance —Coverage A The insured agrees that the policies listed in the schedule of underlying insurance and renewals and replacements thereof not more restrictive shall be maintained without alteration of terms or conditions in full effect during the currency of this policy except for any reduction of the aggregate limits of liability in the underlying insurance because of injury or destruction. The replacement of a policy listed in the schedule of underlying insurance with a revised standard form is deemed a renewal or replacement without alteration of terms and conditions. "Revised standard form" means the standard form promulgated by an insurance rating organization to replace the applicable policy listed in the schedule of underlying insurance. Failure of the insured to comply with this condition shall not invalidate this policy. but, in the event of such failure. the company shall only be liable under Coverage A and only to the same extent as if the insured had complied with this condition 3. Addition of Named Insureds --Coverage B The named insured shall promptly notify the company of the addition after the effective date of this policy of named insureds to this policy if such are within this policy's definition of Named Insured but are not listed in item 1 in the declarations. 4. 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 Unless the audit period is stated in Item 6 of the Declaration as '.not subject to audit ", the 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 this policy period. At the close of each period (or part thereof terminating with the end of this policy period) designated in the declarations as the audit period the earned premium shall he computed for such period, and, upon notice thereof to the named insured, shall become due and payable. If the total earned premium for tais policy period is less than the premium previously paid, the company 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 com pany at the end of this policy period and at such times during policy period as the company may direct. 5. 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 determine 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 this 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. 6. Insured's Duties in the Event of Occurrence; Claim or Suit; (a) Whenever the insured has information from which it is reasonable to con elude that an act or omission involves injuries or damages which are likely to involve this policy, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with re spect 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. Failure to notify the company of any act or omission which at the time of its happening did not appear to involve this policy, but which at a later date would appear to give rise to claims, hereunder, shall not prejudice such claims. With respect to Coverage B, the named insured shall promptly take at his own expense all reasonable steps to prevent additional injuries or damages from arising out of the same or similar conditions at the same location, but such expense shall not be recoverable under this policy. (b) If a claim is made or suit is brought against the insured, the insured shall immediately 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 en- forcing any right of contribution or indemnity against any person or organ ization who may be liable to the insured because of liability 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 witnesses. The insured shall not, except at his own cost, volun tartly make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. 1. 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 In sured 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 com pany as a part 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. 81 Appeals: If the insured or the underlying insurers elect not to appeal a judg ment in excess of the limits of liability afforded by the underlying insurance or the retained limit the company may elect to appeal. The company's limit of liability shall not be increased because of such appeal except that the company shall bear the following costs and expenses while the case is on appeal: attorney fees and expenses. bond premiums, court fees, costs and expenses taxed against the insured by the appellate court and interest accruing on a judgment against the insured. 9. Settlement of Claims or Suits -- Coverage B. The company may pay any part or all of the amount stated in item 4 in the declarations to effect settlement of any claim or snit. and upon notification of the action taken, the insured shall promptly reimburse the company for such part of the amount stated in item 4 as has been paid by the company. All named insureds are jointly and severally responsible for the reimbursement of the company and agree to make such reimbursement it the insured on whose behalf the company has made such payment fails to reimburse the company within 30 days alter the company ; +,fives a written demand for payment to such Insured. 10. Other Insurance. If, with respect to loss and ultimate net loss covered here under, the insured has other insurance, whether on a primary. excess or con tingent basis, there shall be no insurance afforded hereunder as respects loss and ultimate net loss; provided, that if the limit of liability of this policy is greater than the limit of liability provided by the other insurance, this policy shall afford excess insurance over and above such other insurance in an amount sufficient to give the insured, as respects the layer of coverage af- forded by this pi a total limit of liability equal to the fimit of liability afforded by this policy. This condition does not apply with respect to the underlying insurance or excess insurance purchased specifically to be in excess of this policy. 11. Subrogation and Other Recoveries: In the event of any payment under this policy, this company shall be suhrogated to all the insured's rights of re covery 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 injury or destruction to prejudice such rights. In the event that this paragraph is inconsistent with the provisions of the immediate underlying policy, with respect to Coverage A the provisions of the immediate underlying policy shall apply. Because this policy affords excess insurance, the insured's right of recovery cannot always he exclusively suhrogated to the company. It is, therefore, agreed that this company shall act in concert with all other interests con earned, including the insured, in the enforcement of any subrogation rights or in the recovery of amounts by any other means. The apportioning of any amounts so recovered shall follow the principle that any interest, including the insured, that shall have paid an amount over and above any payment under this policy shall first be reimbursed up to the amount paid by such interest; this company shall then be reimbursed out of any balance then re maining up to the amounts paid as the result of loss and ultimate net loss covered under this policy; and lastly, the interests, including the insured, of whom this insurance is in excess are entitled to claim any residue remaining. Expenses and costs necessary to the recovery of any such amounts shall be in the ratio of the respective amounts sought to be recovered. DEFINITIONS • Unle�therwise noted, the definitions apply only to Coverage B. When used in this policy (including endorsements forming a part thereof): "advertising injury" means: (1) the publication or utterance of a libel or slander or other defamatory or disparaging material or a publication or utterance in violation of an inch vidual's right of privacy; if not maliciously published or uttered by, at the direction of, or with the consent of the insured; (2) the infringement of a copyright or the misappropriation of an idea; if the infringement or misappropriation is not done by, at the direction of, or with the consent of the insured with knowledge of the wrongful nature of the act; contained in any advertisement, publicity article, broadcast or telecast and arising out of any Insured's advertising activities; "aircraft" means any heavier than air or lighter than air vehicle designed to transport persons or property in the air; "automobile" means a land motor vehicle, trailer or semi trailer (including any machinery or apparatus attached thereto); "automobile or watercraft business" means the business or occupation of selling, repairing, servicing, storing or parking automobiles or watercraft; "bodily injury" means bodily injury, sickness or disease, including death and care and loss of services resulting therefrom, sustained by any person; "completed operations hazard" includes personal injury and property damage arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the personal injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the named insured. "Opera tions" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include personal injury or property damage arising out of (a) operations in connection with the transportation of property, unless the per- sonal injury or property damage arises out of a condition in or on a vehicle cre ated by the loading or unloading thereof, or (b) the existence of tools, uninstalled equipment or abandoned or unused materials. "hired automobile, aircraft or watercraft" means an automobile, aircraft or water craft not owned by the named insured which is used under contract in behalf of, or loaned to, the named insured, provided such automobile, aircraft or watercraft is not owned by or registered in the name of (a) a partner or executive officer of the named insured or (b) an employee or agent of the named insured who is granted an operating allowance of any sort for the use of such automobile, aircraft or watercraft; "immediate underlying policy" means with respect to Coverage A the policy of the underlying insurance which provides the layer of coverage, whether primary or excess, immediately preceding the layer of coverage provided by Coverage A of this policy; "loss" means with respect to Coverage A the sums paid as damages in settle ment of a claim or in satisfaction of a judgment for which the insured is legally liable, after making deductions for all recoveries, salvages and other insurances (whether recoverable or not) other than the underlying insurance and excess insurance purchased specifically to be in excess of this policy. "Loss" does not include investigation, adjustment, defense or appeal costs and expenses nor costs and expenses incident to any of the same, notwithstanding that the underlying insurance may provide insurance for such costs and expenses; "named insured" means the persons or organization listed in item 1 in the declarations and any subsidiary (or any subsidiary thereof) and any other organi zation actively controlled and managed by such person or organization or its subsidiary (or any subsidiary thereof); "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; "non -owned automobile, aircraft or watercraft" means an automobile, aircraft or watercraft which is neither an owned automobile, aircraft or watercraft nor a hired automobile, aircraft or watercraft; "occurrence" means (1) with respect to subsection (1) of the definition of personal injury and with respect to property damage, an accident, including injurious exposure to conditions, which results, during this policy period, in such personal injury, or property damage neither expected nor intended from the standpoint of the insured. All ultimate net loss arising out of continuous or repeated ex posure to substantially the same conditions shall be considered as arising out of one occurrence; (2) with respect to subsections (2), (3) and (4) of the definition of personal injury, an act or series of acts of the same or similar nature, committed during this policy period which causes such personal injury. All ultimate net loss arising out of such act or series of acts, regardless of the frequency thereof or the number of claimants, shall be deemed to arise out of one occurrence; and (3) with respect to advertising injury, an act or series of acts in which the same or similar advertising material is used, regardless of the number or kind of media used, committed during this policy period which causes such advertising injury. All damages involving the same injurious material or act, regardless of the frequency of repetition thereof, the number or kind of media used, or the number of claimants, shall be deemed to arise out of one occurrence; "owned automobile, aircraft or watercraft means an automobile, aircraft or water craft owned by the named insured; "personal injury" means (I) bodily injury, shock, mental injury or mental anguish; (2) false arrest, detention or imprisonment, wrongful entry or eviction or other invasion of private occupancy, malicious prosecution or humiliation: except that maliciously inflicted by, at the direction of, or with the consent of the Insured; (3) the publication or utterance of a libel or slander or other defamatory or dis paraging material, or a publication or utterance in violation of an individual's right of privacy; except that maliciously published or uttered by, at the direr tion of, or with the consent of the insured and except that contained in any advertisement, publicity article, broadcast or telecast and arising out of any insured's advertising activities: (4) discrimination except that committed by, at the direction of or with the consent of the insured; "products hazard" Includes personal 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 personal injury or property dam- age 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 injury to or destruction of tangible property including loss of use thereof or resulting therefrom; "retained limit" means the amount stated in item 4 of the declarations or any other collectible insurance (other than underlying insurance or insurance purchased specifically in excess of this policy) which is available to the insured In the event the amount of said other collectible insurance is less than the amount stated in item 4 of the declarations, the insured shall retain for his own account the differ ence between the amount available to him from said other collectible insurance and the amount stated in item 4 of the declarations; "ultimate net loss" means the sums paid as damages in settlement of a claim or in satisfaction of a judgment for which the insured is legally liable after making deductions for all other recoveries, salvages and other insurances (whether recov- erable or not) other than the underlying insurance and excess insurance purchased specifically to be in excess of this policy and also includes investigation, adjust ment, appraisal, appeal and defense costs paid or incurred by the insured with respect to damages covered hereunder. "Ultimate net loss" does not include (a) costs and expenses which an underlying insurer has paid or incurred or is obligated to pay to or on behalf of the insured, (b) office costs and expenses of the insured and salaries and expenses of employees of the insured or (c) general retainer fees of counsel retained by the insured; "underlying insurance" means with respect to both Coverages A and B the insur ante policies listed in the schedule of underlying insurance including any renewal or replacement of such contracts, and also includes the insurance policies not listed in the schedule of underlying insurance for which notice has been given to the company pursuant to the policy condition entitled "Underlying Insurance — Changes or Additional Coverages During this Policy Period — Coverage A." l 001 28 1975 RESOLUTION NO. U By the CITY COUNCIL A RESOLUTION OF THE CITY COUNCIL OF THE CIT!f @N!!!T 21k*CH CITY OF NEWPORT BEACH AUTHORIZING THE ACCEPTANCE OF A CONTRACT FOR EXCESS AUTO- MOBILE AND COMPREHENSIVE PUBLIC LIABILITY INSURANCE WHEREAS, the Insurance Committee has conducted numerous meetings with the City's Insurance Broker to establish the City's insurance specifications for coverage during the year 1975 -1976; and WHEREAS, a bid was received by the City from the Star Insurance Company as a primary carrier for the City's general liability insurance policy (exclusive of automobile liability), the Fireman's Fund Insurance Company for primary automobile liability insurance aid the Midland Insurance Company as an excess carrier; and WHEREAS, said bid was accepted by the City Council on June 23, 1975, as expressed by Resolution No. 8524; and WHEREAS, certain premium economies were available by rearranging the excess coverage carriers to include Columbia Casualty Company as a first level umbrella carrier; and WHEREAS, the City's Insurance Broker has obtained a bid from Columbia Casualty Company to insure the City's liability, both general public liability and automobile liability in excess of the primary coverages heretofore pro- vided to the limit of One Million Dollars combined single limit; and WHEREAS, the Midland Insurance Company will maintain excess umbrella liability insurance exceeding the coverage provided by Columbia Casualty Company from One Million Dollars to Five Million Dollars; NOW, THEREFORE, BE IT RESOLVED that the City Council City of Newport Beach, does hereby accept the bid from Columbia Casualty Company to serve as the umbrella carrier -1- 1 1 from the primary limits to One Million Dollars, and the City Council of the City of Newport Beach does hereby reaffirm the other insurance coverage, already in force, to wit, the Star Insurance Company, the Fireman's Fund Insurance Company and the Midland Insurance Company as set forth in Resolution No. 8524 of the City of Newport Beach. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the provision of this resolution on behalf of the City of Newport Beach. Adopted this day of OCT 28 , 1975. ATTEST: City Clerk -2- or HRC:dt 10/22/75