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HomeMy WebLinkAboutC-1847 - Broadened liability for City's auto & comprehensive public liability coverageMUTUAL COMPANY GENERAL LIABILITY•AU*BILE POLICY Covenant Mutual Insurance Company 95 Woodland Street /Box 300 1Hartford, Connecticut 06101 POLICY PROVISIONS —PART A il COVenant Insurance Covenant Mutual Insurance Company Hartford, Connecticut (A mutual insurance company, herein called the companyl to 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 named insured as follows: DEFINITIONS When used in this policy (including endorsements forming a part hereof) "automobile" means a land motor vehicle, trailer or semi - .trailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; "collapse hazard" includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or structural injury to any building or structure due to (1) grading of land, excavating, borrowing, filling, back - filling, tunnelling, pile driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations performed for the named insured by independent contractors, or (2) included within the completed operations hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract; "completed operations hazard" includes bodily 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 bodily 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. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed com- pleted 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 correc- tion, 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 bodily injury or property damage arising out of (a) operations in connection with the transportation of property, unless the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused ma. terials, or BJP6300 -X.F (1 -1 -73) %d. (n U.S.A. (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations "; "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in alteration, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding four feet; "explosion hazard", includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (1) arising out of the ex- plosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the named insured by independent contractors, or (3) included within the com- pleted operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract; "incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) side- track agreement, or (5) elevator maintenance agreement; "insured" means any person or organization qualifying as an insured in the "Per- sons Insured" provision of the applicable insurance coverage. 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; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self - propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an in- tegral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix- m-transit type); graders, scrapers, rollers and other road construction or repair equipment; air - compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servicing equipment; "named insured" means the person or organization named in Item 1. of the decla- rations of this policy; "named insured's products" means goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including c us or repeated exposure to conditions, which results in bodily injury or rlIf damage neither expected nor intended from the standpoint of the insu "Policy territory" means: (1) the United States of America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily injury or property dam. age does not occur in the course of travel or transportation to or from any other country, state or nation, or (3) anywhere in the world with respect to damages because of bodily injury or Property damage arising out of a product which was sold for use or consume. tion within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and property damage arising out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily injury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible prop- erty which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; "underground property damage hazard" includes underground property damage as defined herein and property damage to any other property at any time resulting + therefrom. "Undergrr> roperty damage" means property damage to wires, conduits,' pipes, main veers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back - filling or pile driving. The underground property damage hazard does not include gtdgetty dam- age (1) arising out of operations performed for the named insured by independent contractors, or (2) included within the completed operations hazard, or (3) for which liability is assumed by the insured under an incidental contract. SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of liability: (a) all expenses incurred by the company, all costs taxed against the insured in any suit defended by the company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the company's liability thereon; (b) premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the insured because of accident or traffic law violation arising out of the use of any vehicle to which this policy applies, not to exceed $250 per bail bond, but the company shall have no obligation to apply for or furnish any such bonds; (c) expenses incurred by the insured for first aid to others at the time of an acci- dent, for bodily injury to which this policy applies; (d) reasonable expenses incurred by the insured at the company's request in assisting the company in the investigation or defense of any claim or suit, including actual loss of earnings not to exceed $25 per day. CONDITIONS 1. Premium: All premiums for this policy shall be computed in accordance with the company's rules, rates, rating plans, premiums and minimum premiums appl. cable to the insurance afforded herein. Premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period, At the close of each period (or part thereof terminating with the end of the policy period) designated in the declarations as the audit Period the earned premium shall be computed for such period and, upon notice thereof to the named insured, shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid, the 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 company at the end of the policy period and at such times during the policy period as the company may direct. 2. Inspection and Audit: The company shall be permitted but not obligated to inspect the naleed insured's property and operations at any time. Neither the company's right to make inspections nor the making thereof nor any report there. on shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to determine or warrant that such pro erty or operations are safe or healthful, or are in compliance with any law, ruPa or regulation. The company may examine and audit the named insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. financial Responsibility laws: When this Policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, such insurance as is afforded by this policy for bodily injury liability or for property damage liability shall comply with the provisions of such law to the extent of the coverage and limits of liability required by such law. The insured agrees to reimburse the company for any payment made by the com- pany which it would not have been obligated to make under the terms of this policy except for the agreement contained in this paragraph. 4. Insured's Duties in the Event of Occurrence, Claim or Suit: (a) In the event of an occurrence, written notice containing particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the insured to the company or any of its authorized agents as soon as practicable. (b) If claim is made or suit is brought against the insured, the insured shall im. mediately forward to the company every demand, notice, summons or other process received by him or his representative. enforcing any right of contribution or indemnity against any person or organization who may be liable to the insured because of injury or damage with respect to which insurance is afforded under this policy; and the insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of accident. S. Action Against Company: No action shall lie against the company unless, as a condition precedent thereto, there shall have been full compliance with all of the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against the insured to determine the insured's liability, nor shall the company be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the com- pany of any of its obligations hereunder. 6. Other Insurance: The insurance afforded by this policy is primary insurance, except when stated to apply in excess of or contingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis, the amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the company shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insur- ance provides for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid, and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. (b) Contribution by limits. If any of such other insurance does not provide for contribution by equal shares, the company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of all valid and collectible insurance against such loss. 7. Subrogation: In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers (c) The insured shall cooperate with the company and, upon the company's and do whatever else is necessary to secure such rights. The insured shall do request, assist in making settlements, in the conduct of suits and in nothing after loss to prejudice such rights. Covenant Mu &l Insurance Company ® 95 Woodland Street] Box 300 1Harrford, Connecticut 06707 PART 8 GENERAL LIABILITY- AUTOMOBILE POLICY DECLARATIONS Item 1. Named Insured and Address: (No., street, Town or city, County, state) City of Newport Beach 3300 Newport Blvd. ecgort Beach, CA Item 2. Po icy Period: (Mo. Day Yr.) From June 25, 1976 to June 25, 1977 12:01 A.M., standard time at the address of the named insured as stated herein. The named insured is No. GLA 203 4-3 31 NEW Renewal of Number ❑ Individual F] Partnership Corporation ❑ Joint Venture X❑ Other: Municipality Business of the named insured is: c...,...aw..) Audit Period: Annual, unless otherwise stated. (ar......ww) City Government Item 3. The insurance afforded is only with respect to the following Coverage Parts) indicated by specific premium charge(s). Advance Premiums Coverage Part No(s). Coverage Partls) $ Automobile Medical Payments Insurance $ Automobile Physical Damage Insurance {Fleet Automatic) $ Automobile Physical Damage Insurance (Non Fleet) $ Basic Automobile Liability Insurance $ Completed Operations and Products Liability Insurance $ Comprehensive Automobile Liability Insurance $ Comprehensive General Liability Insurance $ Comprehensive Personal Insurance $ Contractual Liability Insurance $ Druggists' Liability Insurance $ Farmer's Comprehensive Personal Insurance $ Manufacturers' and Contractors' Liability Insurance $ Owner's and Contractor's Protective Liability Insurance $ Owners', Landlords' and Tenants' Liability Insurance $ Premises Medical Payments Insurance $ Protection Against Uninsured Motorists Insurance $ Special Protective and Highway Liability Insurance New York Department of Transportation $ Storekeeper's Insurance $ 21 000.0 $ $ $ Form numbers of endorsements. other than those entered on Coverage Partls), attached at issue $ 21 000. 00 Total Advance Premium for this policy. ' If the Policy Period is more than one year and the premium is to be paid in installments, premium is payable on: Effective Date 1st Anniversary 2nd Anniversary Item 4. During the past three years no insurer has cancelled insurance, issued to the named insured, similar to that afforded hereunder, unless otherwise stated herein: Countersigned: Stockton, CA 6 -28 -76 'Not applicable in Texas 44 By Authorize Represe } rve THIS PART B, WITH "POLICY PROVISIONS —PART A ", AND COVERAGE PART(S) AND ENDORSEMENT(S), (IF ANY), ISSUED TO FORM APART` 8 0i, COMPLETE(S) THE ABOVE NUMBERED POLICY !DL63DO -% -F (1 -1 -73) Pill. in U.S.A. SPECIAL PUBLIC ENTITY DIFFERENCE IN CONDITION COMPREHENSIVE LIABILITY POLICY • APPLICATION Desired Effective Date: June 25, 1976 1. Named Insured: CITY OF NEWPORT BEACH Address: 3300 Newport Boulevard, Newport Beach, California 2. Population: Current 62,000 ___1970 53,000 1965_ (Estimate) (Estimate) 3. Annual Payroll: $_10,317,544.00 4. Give details of all claims during the last 5 years that in your opinion might be covered under the DIC wording and not under the Standard Comprehensive Liability Policy: NONE 5. Give details of all malpractice exposures: One Paramedic Unit (Ten Paramedics) 6. Give details of all property of others in the care, custody, or control over $5,000. any one location: One office building at 503 – 32nd St., Newport Beach ($150,000) 7. Attach copy of public entity application. See attached 8. List Comprehensive General Liability Carrier: Policy Number: Current Carrier – Star – Renewal still pending 9. List other companies— #GA01935 Unknown currently Watercraft: Hull Only Policy Number: Fireman's Fund Ins. Co. Other: Policy Number: 408977 - (Note: Primary General Liability carrier will include Protection & Indemnity coverage as well) r 10. Comprehensive General Liability Limits: $ 300,000 CSL BI 11. Premium: General Liability: $_ (Excluding Auto Premium) 12. Does Primary Coverage Provide: YES NO A. Broad Form PD X _ B. Blanket Contractual C. Hazards X _ (X) Explosives X (C) Collapse (U) Underground D. Liquor Law Liability X — E. Property in the insured's Care, -_ Custody, & Control F. Riot & Civil Commotion X G. Failure to Provide Water X H. Any Special Exclusion None If any, explain. 7 The Named Insured declares that the statements and particulars given above are true and that no information has been withheld that may influence acceptance of insurance, also that the statements and particulars given above and this application signed by the Named Insured shall be the basis of the contract between the Named Insured and the Company. No liability shall attach until this application has been approved by the Company or its Authorized Representative in writing. IMPORTANT: This application must be signed by the named insured. One signed copy will be attached to the policy. June 17, 1976 Date By= j,', _ Milum /Garvey Insurance Brokers, Inc. Named Insured Broker / Lic. No. City of Newport Beach W est— InsuurimceMarmgem Stockton • Portland Encino • Seattle • Palo Alto • Fresno INSURING AGREEMENTS (continued) II. Defense, Settlement, Supplementary Payments 111. Persons Insured As respects such insurance as is afforded by this policy, the company Each of the following is an insured to the extent set forth below'. shall: (a) defend in his name and behalf any suit against the insured claiming such damages, even if such suit is groundless, false or fraudulent; but the company shall have the right to make such investigation, negotiation and settlement of any claim or suit as it deems expedient; (b) ( I ) pay all expenses incurred by the company, all costs taxed against the insured in any such suit and all interest occurring after entry of judgment until the company has paid or tendered or deposited with the court such part of such judgment as does not exceed the limit of the company's liability thereon; (2) reimburse the insured for all reasonable expenses, other than loss of earnings, incurred at the company's request. (a) the named insured; (b) while acting within the scope of his employment as such; (1) any officer, servant or employee of the named insured, except that the insurance so provided any officer, servant or employee does not apply to bodily injury to or death of another officer, servant or employee of the named insured in the course of and arising out of his employment; (2) any member of the governing body of the named insured; (3) any member of boards of commissions of the named insured;. IV. Policy Period, Territory The company agrees to pay the amounts incurred under this insuring agreement, except the settlements of claims and suits, in addition to the This policy applies only to occurrences which take place during the applicable limit of liability of this policy. policy period anywhere in the world. EXCLUSIONS This policy does not apply: (a) Under coverages A and B, to liability arising out of (1) the maintenance or use of any aircraft owned by, hired by, loaned to, or in the care, custody and control of the insured, or (2) the ownership, operation, maintenance or use of any airport, or (3) the ownership, operation, maintenance, use, loading or unloading of any automobile, owned by, hired by, loaned to or in the care, custody and control of the insured. (b) under coverage A, to any obligation for which any 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; (c) under coverage A, (11 except with respect to liability assumed by the insured under contract, to bodily injury to or sickness, disease or death of any employee of the insured arising out of and in the course of his employment by the insured; (d) under coverage B, to injury to or destruction of 0 1 property owned by the insured, or (2) property rented to or leased to the insured where the insured has assumed liability for damage to or destruction of such property unless the named insured would have been liable in the absence of such assumption of liability; (e) under coverage C, to injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof; (f) under coverages A, B & C, to (1) liability or responsibility arising out of or imposed by any constitutional provision, statute, county, municipal or local ordinance or law administrative order, or rule of law dealing with the power of eminent domain, condemnation or inverse condemnation, or any acts arising out of or caused by the insured(s) thereunder. (g) under coverage A, B & C. to (1) liability arising out of the ownership, operation, maintenance, or existence of any hospital, nor to (2) liability arising from the rendering or failure to render a professional service by any physician, surgeon, dentist, paramedic or nurse. (h) under coverage A to liability arising from (1) false arrest, detention or imprisonment, or malicious prosecution; (2) the publication or utterance of a libel or slander or of other defamatory or disparaging material, or a publication or utterance in violation of an individual's right of privacy: including publications or utterances in the course of or related to advertising, broadcasting or telecasting activities conducted by or on behalf of the named insured; (3) wrongful entry or eviction, or other invasion of the right of private occupancy. WARRANTIES 1. It is warranted that the insured will maintain Liability Policy(s) throughout the term of this contract which shall include the following coverages: Comprehensive General Liability Insurance Broad Form Property Damage Insurance Products and Completed Operations Insurance Blanket Contractual Liability Insurance Failure of the insured to comply with the foregoing shall not invalidate this policy, but in the event of such failure the Company shall only be liable to the same extent as it would have been had the insured complied with this warranty under the terms of the last existing Liability Policy(s). 2. It is further warranted that the insured has submitted a written application, a signed copy of which is attached to this policy, which contains particulars and statements which are the basis of this contract and are to be considered a part of this contract. DEDUCTIBLE The Company's obligation under this policy to pmages on behalf of the insured applies only to the aIFt of damages, including costs of defense, in excess of $1,000.06each claim. COVERAGEPART 0 Special Public Entity Difference in Condition Comprehensive Liability Insurance ADDITIONAL DECLARATIONS ITEM 1 Named Insured: City of Newport Beach Address: 3300 Newport Blvd., Newport Beach, CA ITEM 2 Limit of Liability: $300,000. Each Occurrence /Coverage A & B $300,000. Annual Aggregate Products $300,000. Each Occurrence & Coverage C $300,000. Aggregate Coverage C ITEM 3 Premium:. $ 21,000.O6ully earned premium unless cancelled by the Company INSURING AGREEMENTS To provide coverage for the insured, to the extent set forth in this Policy, not otherwise provided under the Liability Policy(s) scheduled in the application attached. This Policy does not apply to any liability imposed on any insured for attorney's fees, punitive damages, fines, civil penalties or any other claimant's damages other than actual compensatory damages, whether such additional damages are imposed by court rule, common law, or statutory or regulatory enactments. I. Coverage A — Bodily and Personal Injury Liability To pay on behalf of the Insured all sums which the insured shall become obligated to pay by reason of liability imposed by law, or liability assumed by contract, insofar as the named insured may legally do so, for damages: (1) because of bodily injury, sickness or disease, including death at any time resulting therefrom and also including care and loss of services, sustained by any person or persons, or (2) because of any other injury a person may suffer to his person, reputation, character or feelings, including but not limited to defamation of character, mental injury, mental anguish and discrimi- nation. Coverage B — Property Damage Liability To pay on behalf of the insured all sums which the insured shall become obligated to pay by reason of liability, imposed by law, or liability assumed by contract, insofar as the named insured may legally do so, for damages because of injury to or destruction of property, including the loss of use thereof. Coverage C — Errors or Omissions To pay on behalf of the insured all sums which the insured shall become legally obligated to pay, insofar as such coverage is not afforded under Coverages A or B on account of any claim for breach of duty made against the insured by reason of any negligent act, error or omission of the insured if such negligent act, error or omission is committed during the policy period and discovered during the policy period or within twenty four months after termination of the policy. Attached to and forming part of Policy No. GLA 203 46 31 of the Covenant Mutual Insurance Company • SPECIAL PROVISIONS APPLICABLE TO CALIFORNIA ONLY 1. Coverages A and B are amended to read as follows: Coverage A — Bodily and Personal Injury Liability To pay on behalf of the insured all sums which the insured shall become obligated to pay by reason of liability imposed by law, including Chapter 1681 of the State of California Statutes of 1963, or liability assumed by contract, insofar as the named insured may legally do so, for damages. Coverage B — Property Damage Liability To pay on behalf of the insured all sums which the insured shall become obligated to pay by reason of liability, imposed by law, including Chapter 1681 of the State of California Statutes of 1963, or liability assumed by contract, insofar as the named insured may legally do so, for damages because of injury to or destruction of property, including the loss of use thereof. 2. Defense, Settlement, Supplementary Payments are amended to include (a) defend any claim against the named insured or its employee for damages under Section 3294 of the Civil Code or otherwise for the sake of example or by way of punishment, where such claim arose from an act or omission in the scope of employment. APPLICABLE TO SCHOOLS, COLLEGES OR UNIVERSITIES ONLY 1. The following additional exclusions are applicable: la) Under Coverage A to any person while practicing for or participating in any contest or exhibition of an athletic or sports nature. (b) Under Coverages A, B or C to any claim based upon or attributable to any insured gaining in fact a personal profit or advantage to which such insured was not entitled. (c) Under Coverage C based upon or attributable to any If ) negligent act, any error, any omission or breach of any duty in exercising judgment or discretion in procuring and maintaining insurance. APPLICABLE TO OREGON ONLY Notwithstanding any terms of any Insuring Agreement it is agreed that with respect to limits of liability provided herein such limits shall be in conformance with Oregon Revised Statutes 30.260 to 30.300 inclusive. CONDITIONS ALL CONDITIONS ON POLICY JACKET ARE VOID AND THE FOLLOWING SUBSTITUTED THEREFOR The conditions, except conditions 4, 5, 6 and 7, apply to all coverages. Conditions 4, 5, 6 and 7 apply only to the coverage or coverages noted thereunder. 1. Premium. The prernium stated in the declarations is a flat annual (c) Semit railer. The word "trailer" includes semitrailer. premium. 2. Inspection and Audit. The company shall be permitted but not obligated to inspect the named insured's property and operations at any time. Neither the company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the named insured or others, to 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 a policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. Definitions. (a) Occurrence. The word "occurrence" means an event or a continuous or repeated exposure to conditions which cause injury to persons or damage to property during the policy period that is neither knowingly nor intentionally caused by or at the direction of the insured. (b) Automobile. Except where stated to the contrary, the word "automobile" means a land motor vehicle or trailer as follows: 0 1 Owned Automobile — an automobile owned by the named insured; (2) Hired Automobile — an automobile used under contract in behalf of, or loaned to, the named insured provided such automobile is not owned by or registered in the name of (a) the named insured or (b) an officer, servant or employee of the named insured who is granted an operating allowance of any sort for the use of such automobile; (3) Non -owned Automobile — any other automobile. The following described equipment shall be deemed an automobile while towed by or carried on an automobile not so described, but not otherwise: if the crawler type, any tractor, power crane or shovel, ditch or trench digger; any farm -type tractor; any concrete mixer other than of the mix -in- transit type: any grader, scraper, roller or farm implement; and, if not subject to motor vehicle registration, any other equipment not specified below which is designed for use principally off public roads. The following described equipment shall be deemed an automobile while towed by or carried on an automobile as above defined solely for purposes of transportation or while being operated solely for locomotion, but not Otherwise; if of the noncrawler type, any power crane or shovel, ditch or trench digger; and any aircompressing, building or vacuum cleaning, spraying or welding equipment or well drilling machinery. (dl Two or More Automobiles. The terms of this policy apply separately to each automobile insured hereunder, but a motor vehicle and a trailer or trailers attached thereto shall be held to be one automobile as respects limits of liability. (e) Use. Use of an automobile or aircraft includes the loading and unloading thereof. f) Property Damage means: (11 Physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. 4. Limits of Liability. The limit of liability stated in the declarations under (Coverage A) Coverage A as applicable to "each person" is the limit of the company's liability for all damages, including damages for care and loss of servicees, arising out of bodily injury, sickness or arising out of any other injury a person may suffer to his person, including death at any time resulting therefrom, sustained by one person as the result of any one occurrence; the limit of such liability stated in the declarations as applicable to "each occurrence" is subject to the above provision respecting each person, the total limit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily injury, sickness or disease or arising out of any other injury a person may suffer to his person, including death at any time resulting therefrom, sustained by two or more persons as the result of any one occurrence. 5. Limits of Liability. The limit of liability stated in the declarations under (Coverage B) Coverage B as applicable to "each occurrence" is the total limit of the company's liability for all damages arising out of injury to or destruction of all property of one or more persons or organizations, including the loss of use thereof, as the result of any one occurrence. 6. Limits of Liability — Products. Subject to limit of liability with respect (Coverages A and B) to "each occurrence," the limits of lia- bility under Coverages A and B stated in the declarations as "aggregate products" are respectively the total limits of the company's liability for all damages arising out of the use of or the existence of any condition in water sold or distributed by the insured during each annual period. CONDITIONS (continued) 7. Limits of Liability. The hunt of errors or omissions liability stated in the (Coverage C) declarations as applicable to "each occurrence" is the total limit of the company's liability for all sums payable under Coverage C to any one occurrence. Subject to the above provision with respect to "each occurrence," the limit of errors and omissions liability stated in the declarations as "aggregate" is the total limit of the company's liability for all sums payable under Coverage C during each annual period. 8. Limits of Liability. For the purposes of determining the limit of the company's liability, all bodily and personal injury and property damage arising out of continuous or repeated exposure to substantially the same general conditions shall be, considered as arising out of one, occurrence. Coverages A and C are mutually exclusive and the company's limit of liability for any occurrence shall be paid only under whichever of the Insuring Agreements may be applicable to that Occurrence. 9. Severability of Interests. The term "the insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limits of the company's liability. 10. Notice of an Occurrence. Upon the happening of an occurrence, written notice shall be given by or on behalf of the insured to the company or any of its authorized representatives as soon as practicable after an officer or an employee in charge of reporting such losses to insurance companies learns of the occurrence. Such notice shall contain particulars sufficient to identify the insured and also reasonably obtainable information with respect to the time, place and circumstances of the occurrence, the names and addresses of the injured and of available witnesses. 11. Notice of Claim or Suit. If 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. 12. Assistance and Cooperation of the Insured. The insured shall cooperate with the company, and upon the company's request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits, and the company shall reimburse the insured for any expense, other than loss of earnings, incurred at the company's request. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense other than for such immediate medical or surgical relief to others as shall be imperative at the time of injury. The breach of any warranty or failure to comply with any condition of this policy on the part of any additional insured shall not affect or prejudice the rights of the named insured. The insured may, at the insured's own cost, have the insured's attorney's participate in the defense of any suit or in the prosecution of any appeal. 1WE Insurance Managers SIOCtlbn '• Portland • Los Angeles • Seattle • $an Francisco • Fresno 13. Action Against Company. No action shall lie against the company unless, as a condition precedent thereto, the insured shall have fully complied with all the terms of this policy, nor until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company. Any person, organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy in the same manner and to the same extent as the insured. Nothing contained in this policy shall give any person or organization any right to join the company as a co- defendant in any action against the insured to determine the insured's liability. Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve the company of any of its obligations hereunder. 14. Subrogation. In the event of any payment under this policy, the company shall be subrogated to all the insured's rights of recovery therefor against any person or organization, and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. 15. Changes. No Notice to any representative or knowledge possessed by any other person shall be held to effect a waiver or change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 16. Cancellation. This policy may be cancelled by the named insured by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the company by mailing to the named insured at the address shown in this policy, written notice stating when not less than thirty days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of the effective date of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the company cancels, earned premium shall be computed prorata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payments or tender of unearned premium is not a condition of cancellation, 17. Acts, Omissions or Errors. Any act, omission or error, on the part of any insured under the policy shall not prejudice the interest of any other insured under this policy. In witness whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the company. Y[YW AM6NRAM ,,SSO CiA[�OY NYIl6d6 • �GFN[t Inseit Part B here so that top edge butts against above fold to permit policy number, Insured's nam d address on Part B to appear through window. Attach Coverage Part(s) and Endorsement(s) (If Any) Here B. Changes: Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 9. 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 (I) 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. 10. Three Year Policy: If this policy is issued for a period of three years any limit of the company's liability stated in this policy as "aggregate" shall apply separately to each consecutive annual period thereof. 11. Cancellation: This policy may be cancelled by the named insured by sur render 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 ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the of fective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the company shall be equivalent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancel- lation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 12. Declarations: By acceptance of this policy, the named insured agrees that the statements in the declarations are his agreements and representations, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between himself and the company or any of its agents relating to this insurance. MUTUALS — MEMBERSHIP AND VOTING NOTICE: The insured is notified that by virtue of this policy, he is a member of the Mutual Insurance Company of Hartford of Hartford, Connecticut, and is entitled to vote either in person or by proxy at any and all meetings of said Company. The Annual Meetings are held in its Home Office, on the first Thursday In April. MUTUALS— PARTICIPATION CLAUSE WITHOUT CONTINGENT LIABILITY: No Contingent Liability: This policy is nonassessable. The policyholder is a member of the company and shall participate, to the extent and upon the conditions fixed and determined by the Board of Directors in accordance with the provisions of law, in the distribution Of dividends so fixed and determined. In Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized representative of the company. Secrets 1 rill ] rL ' ' "� President. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement modifies the provisions of this policy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE. It is agreed that: I. This policy does not apply: A. Under any Liability Coverage, to bodily injury or property damage it) 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 Ohl 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. B. Under any Medical Payments Coverage, or under any Supplementary Pay- ments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by. or operated 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 bodily injury or property damage arises out of the furnishing 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 States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. 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 (1) 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 ma- terial in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste. and includes the site on which any of the foregoing is located, all 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; "property damage" includes all forms of radioactive contamination of property NEW YORK EXCEPTION: The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does not apply to Automobile Liability Insurance in New York. Covenant Insurance Covenant Mutual Insurance Company 95 Woodland Street /Box 300 11-lartford, Connecticut 06101 MUTUAL POLICY CONDITIONS This policy is issued by a mutual company having special regulations lawfully applicable to its organization, membership, policies or contracts of insurance, of which the following shall apply to and form a part of this policy: By virtue of this policy, the policyholder is a member of the company and is entitled to vote, in person or by proxy, at all meetings of the company. The policyholder shall participate in the return of unused premiums (dividends) to the extent and on the conditions determined, fixed and declared by the Board of Directors in accordance with the law. This policy is Nonassessable. The holder of this policy is not subject to any contingent liability, nor liable to assessment. The Annual Meeting of the Company is held each year at The Home Office, 95 Woodland Street, Hartford, Connecticut, on the first Thursday in April. Every policyholder is entitled to vote at this meeting. RESOLUTION NO. 885 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR AUTOMOBILE AND COMPREHENSIVE PUBLIC LIABILITY INSURANCE COVERAGE, AND RESCINDING RESOLUTION NOS. 8524 AND 8624 WHEREAS, the Insurance Committee has held a number of meetings with the City's insurance broker for the purpose of reviewing the various proposals for renewal of the City liability insurance for fiscal year 1976/1977; and WHEREAS, the Insurance Committee has recommended the following insurance companies for liability coverage placement: A. General Liability Bellefonte Insurance Company Annual Premium $142,500 B. Broadened Liability for Cities Covenant Mutual Ins. Company Annual Premium 21,000 C. Paramedic Liability Western World Insurance Company Annual Premium 4,000 D. Automobile Liability Fireman's Fund Insurance Company Annual Premium 40,000 E. Umbrella Liabili Midland Insurance Company Annual Premium 115,000 Total Annual Premium 322,500 Estimated Annual Average Claims And Expense Cost To City 30,000 Grand Total $352,000 WHEREAS, the City Council has considered the recommen- dation of the Insurance Committee and has determined that it would be in the best interest of the City to accept said recommendation; -1- 0 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby accepts the recommendation of the Insurance Committee for Automobile and Comprehensive Public Liability Insurance Coverage for fiscal year 1976/1977 as set forth hereinabove; BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute any agreements necessary to carry out the purpose of this resolution. ADOPTED this 26th day of July 1976. Mayor ATTEST: City Clerk DDO /bc 7/13/76