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
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or
HRC:dt
10/22/75