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)
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(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.
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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