HomeMy WebLinkAboutC-1848 - Paramedic liability for auto & comprehensive public liability coverage-*� AMBULANCE ATTENDANTS ERRORS AND OMISSIONS POLICY Elt
Nu. At 32701 STOCK COMPANY
NEW
RENEWAL OF NUMBER
JEFFERSON INSURANCE COMPANY OF NEW YORK
ONE PARK AVENUE, NEW YORK, NEW YORK 10016
DECLARATIONS
Item 1. Named Insured and Address: (No., street, Town or city, county, state)
THE CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
NEWPORT BEACH CA 92660
Item 2. Policy Period: (Mo. Day Yr.)
From 06 -25 -76 to 06 -25 -77
l 12:01 A.M., standard time at the address of the named insured as stated herein.
MILUM49ARVEY
The named insured is:
❑ Individual ❑ Partnership ❑ Corporation ❑ Joint Venture ®other: MUNICIPALITY
Business of the named insured is (.T.R ..rows Audit Period: Annual, unless otherwise stated. (.NT.R aLOw)
PARAMEDICS — MUNICIPAL
Coverage
Limits of Liability
No. oN[iOCDICS
Rate
Premium
Ambulance Attendants
$ 300 ,000 each claim
Errors and Omissions
$ 300 ,000 aggregate
10
400
$4,000.00
(PER
PARAMEDIC)
Form numbers of endorsements POLICY FEE �Er9T$S
other than those entered on
Coverage Perils), attached at issue END, 41 & 2 Total Advance Premium for this policy.
Item 3. The insurance afforded is only with respect to such coverage as is indicated by a specific premium charge. The limit of the compady's liability shall
be as stated herein, subject to all the terms of this policy having reference thereto.
Item 4. (a) No claim of which any principal or partner is aware has been made or is pending against the Insured. (b) No principal or partner has any knowledge
of any occurrence which he believes is likely to give rise to a claim against the insured. Exceptions, if any to (a) or lb): 'Enter Below
Item 5. No previous similar insurance on behalf of the insured or any principal or partner, has been cancelled or refused by any insurance company within the
last five years, except as follows: `Enter Below
'Absence of an entry means "No Exceptions."
WELCH & CO.r WINNING & LEVEY, INC. r�
Countersigned: LOS ANGELES, CA Countersigned by �o9e ` � "�
Form 11903 6-73
8/30/76 MJA /jd Authorized Representative
JEFFERSON INSURANCE COMPANY OF NEW YORK
NEW YORK, NEW YORK
(A stock insurance company, herein called the company)
Agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the
declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy:
INSURING AGREEMENTS
I. COVERAGE
To pay on behalf of the insured all sums which the insured shall become legally
obligated to pay as damages because of any act or omission of the insured, or of
any other person for whose acts or omissions the insured is legally responsible,
and arising out of the performance of services for others in connection with opera-
tions necessary or incidental to the conduct of the named insured's business of
ambulance service.
II. DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS
With respect to such insurance as is afforded by this policy, the company shall:
(a) defend any suit against the insured alleging such act or omission and seeking
damages which are payable under the terms of this policy, even if any of the
allegations of the suit are groundless, false or fraudulent; but the company may
make such investigation and such settlement of any claim or suit as it deems
expedient;
(b) pay, in addition to the applicable limits of liability:
(1) all expenses incurred by the company, all costs taxed against the insured in
any such suit 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;
(2) premiums on appeal bonds required in any such suit, premiums on bonds to
release attachments for an amount not in excess of the applicable limit of
liability of this policy, but without any obligation to apply for or furnish any
such bonds;
(3) all reasonable expenses, other than loss of earnings, incurred by the insured
at the company's request.
Ill. PERSONS INSURED
The unqualified word "insured" wherever used includes not only the named insured,
but also any partner, executive officer, director or employee thereof while acting
within the scope of his duties as such.
IV. POLICY PERIOD, TERRITORY
This policy applies to acts or omissions within the United States of America, its
territories or possessions or Canada during the policy period.
EXCLUSIONS
This policy does not apply:
(a) to any dishonest, fraudulent, criminal or malicious act or omission of any insured
or employee thereof;
(b) to injury to or destruction of any tangible properly, including the loss of use
thereof;
(c) to liability assumed by the insured under any contract or agreement;
(d) to Professional Services rendered by Physicians andlor Nurses;
(e) to bodily injury to or sickness, disease or death of any employee of the insured
while engaged in the business of the insured, or to any obligation for which
the insured or any company as his insurer may be held liable under any work-
men's compensation law;
{f) to bodily injury or property damage arising out of the ownership, maintenance,
operation, use, loading or unloading of any automobile owned or operated by or
rented or loaned to the named insured.
CONDITIONS
1. Premium: The premium for this policy is as stated in the declarations provided
that if during the policy period there is any change in the exposure, the premium
shall be adjusted as of the date of such change in accordance with the manual in
use by the company.
2. Limits at Liability: The limit of liability stated in the declarations as applicable
to "each claim" is the total limit of the company's liability for all damages arising
out of all acts or omissions in connection with each service performed regardless
of the number of claims or claimants. Subject to the foregoing provision respecting
each claim, the limit of liability stated in the declarations as 'aggregate" is the
total limit of the company's liability hereunder for all damages. If the policy period
is longer than one year, the aggregate limit applies separately to each annual period.
3. Examination and Audit: The company shall be permitted but not obligated to
examine the named insured's property and operations at any time. Neither the
company's right to make examinations 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 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.
4. Assistance and Cooperation of the Insured: The insured shall cooperate with the
company and, upon the company's request, assist in making settlements, in the
conduct of suits, and in enforcing any right of contribution or indemnity against
any person or organization other than an employee of any insured who may be
liable to the insured because of acts or omissions 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.
5. Action Against Company: No action shall lie against the company unless as a
condition precedent thereto, the insured shall have fully complied with all terms
of this policy, nor until the amount of the insured's obligation to pay shall have
been finally determined either by judgment against the insured after actual trial or
by written agreement of the insured, the claimant and the company.
Any person or organization or the legal representative thereof who has secured
such judgment or written agreement shall thereafter be entitled to recover under
this policy to the extent of the insurance afforded by this policy. No person or
organization shall have any right under this policy to join the company as a party
to any action against the insured to determine the insured's liability, nor shall the
company be impleaded by the insured or his legal representative. Bankruptcy or
insolvency of the insured or of the insured's estate shall not relieve the company
of any of its obligations hereunder.
6. Other Insurance: If the insured has other insurance against a loss covered by
this policy the company shall not be liable under this policy for a greater propor-
tion of such loss than the applicable limit of liability stated in the declarations
bears to the total applicable limit of liability of all valid and collectible insurance
against such loss.
1. Subrogation: In the event of any payment under this policy, the company shall
be subrogated to all the in eols rights of recovery therefor against any person or
organization other than an employee of any insured, 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.
8. Changes: Notice to any agent or knowledge possessed by any agent or by any
other person shall not effect a waiver or a change in any part of this policy or
estop the company from asserting any right under the terms of this policy; nor
shall the terms of this policy be waived or changed, except by endorsement issued
to form a part of this policy, signed by a duly authorized agent of the company.
9. Assignment: The interest hereunder of any insured is not assignable. If the
insured shall die or be adjudged incompetent, this policy shall cover the insured's
legal representative as the insured with respect to liability previously incurred and
covered by this policy.
10. Cancellation: This policy may be cancelled by the named insured by surrender
thereof to the company or any of its authorized agents or by mailing to the com-
pany 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 effective date of cancellation stated in the
notice shall become the end of the policy period. Delivery of such written notice
either by the named insured or by the company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in accordance
with the customary short rate table and procedure. If the company cancels, earned
premium shall be computed pro rata. Premium adjustment may be made either at
the time cancellation is effected or as soon as practicable after cancellation be-
comes effective, but payment or tender of unearned premium is not a condition of
cancellation.
11. 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.
In Witness Whereof, the company has caused 11-is pc!lcy to be exeCe'ad and at'ested, but this col'cy shall not be valid u ^less countersigned by a
duly authorized representative of the company.
,�/ �< .ti✓
Secretary.
A- President.
IN
• .. GU 6625
• ENDORSEMENT #1
This endorsement, effective 06-25 -76 forms a part of policy No. AJL, 32701
(12:07 A. M., standard time)
issued to THE CITY OF NEWPORT BEACH
by JEFFERSON INSURANCE COMPANY
IT IS UNDERSTOOD AND AGREED THAT COVERAGE, AS IS PROVIDED BY. THE
POLICY, APPLIES TO MALPRACTICE OF THE PARAMEDICS OF THE CITY OF
NEWPORT BEACH ONLY,
All other terms and conditions of this policy remain unchanged.
o, o Authorized Representative
ENDORSEMENT #2
s
It is agreed that as of the effective date hereof the policy is changed in the following particulars:
It is part of the conditions of this policy that this company shall not be liable for any liability for damages
awarded against the Insured as punitive or exemplary damages.
All other terms, conditions and agreements of the policy shall remain unchanged.
This endorsement forms a part of Policy No. AJL. 32701asued to muF rTmv OV NEWpQRT BFArH
by the JEFFERSON INSURANCE COMPANY of NEW YORK
Countersigned at LOS ANGELES, //'CA
B Y
CJ�OQEZ �l V. �LE(.YtEC /i£
JJ
(Duly Authorized Representative)
JU 61 -1st Rev.
0 f
RESOLUTION NO.
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 Liability
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
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