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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