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HomeMy WebLinkAboutC-1849 - Auto liability for auto & comprehensive public liability coverageUMBRELLA POLICY STOCK COMPANY MIDLAND INSURANCE COMPANY One State Street Plaza, New York, New York 10004 (a stock company, herein called the Company) t C %fG Z MILUM GARVES 6 t C J P Agrees with the Insured named in the Declarations made a part hereof, in consideration of the payment of the premium and subject to all of the terms of this policy, as follows: INSURING AGREEMENTS I. Coverage: The Company hereby agrees to indemnify the Insured against such ultimate net loss in excess of the Insured's primary limit as the Insured sus- tains by reason of liability, imposed upon the Insured by law or assumed by the Insured under contract, for damages because of personal injury or property damage to which this policy applies, caused by an occurrence anywhere in the world. II. Defense: If no other insurer has the right and duty to do so, the Company shall have the right and duty to defend any suit against the Insured seeking damages on account of such personal injury or property damage, even if any of the allegations of the suit are groundless, false or fraudulent, but the Com- pany shall not be obligated to defend any suit after the Company's liability has been exhausted; Provided that: (a) In connection with the aforesaid right and duty to defend, the Company may make such investigation and settlement of any claim or suit as it deems expedient, including payment on behalf of the Insured of part or all of the Insured's primary limit. In the event of such payment of part or all of the Insured's primary limit, the Insured shall promptly reimburse the Company therefor upon notice of the action taken. (b) If the Company is prevented by law or otherwise from defending the Insured as aforesaid, the Company will reimburse the Insured for defense costs and expenses incurred with the written consent of the Company. (c) Amounts incurred by the Company in connection with defense of the Insured as aforesaid except settlements of claims and suits, are payable by the Com- pany in addition to the Company's limit of liability. When another insurer has the duty to defend the Insured against any such suit, the Company shall have the right at its own expense to associate with the Insured in the defense thereof, and the Insured shall cooperate fully with such insurer and the Company in all things in connection therewith. 111. Persons Insured: The unqualified word "Insured" includes not only the Named Insured but also: (a) any officer, director or stockholder of the Named Insured while acting within the scope of his duties as such, and, if the Named Insured is or includes a partnership or joint venture, any partner or member thereof but only with respect to his liability as such; (b) except with respect to the ownership, maintenance, use, loading or unload- ing of any automobile, aircraft or watercraft, (1) any employee of the Named Insured while acting within the scope of his duties as such, and (2) any person or organization while acting as agent with respect to real estate management for the Named Insured; (c) any person, organization, trustee or estate to whom the Named Insured is obligated by virtue of a written contract or agreement to provide coverage such as is afforded by this policy, but only with respect to operations by or on behalf of the Named Insured or to facilities owned or used by the Named Insured; (d) with respect to any automobile, aircraft or watercraft owned by or hired for use in behalf of the Named Insured, any person while using such auto- mobile, aircraft or watercraft or any person or organization legally responsible for the use thereof, provided the actual use of such automobile, aircraft or watercraft is with the permission of the Named Insured, but none of the following, other than the Named Insured, shall be an Insured under this sub- division (d): UND No. 200 Rev. 7174 (1) any person or organization, or any agent or employee thereof, operating a marina, automobile repair shop, public garage, sales agency, service station, or public parking place, with respect to any occurrence arising out of the operation thereof; (2) any manufacturer of aircraft, aircraft engines, or aviation accessories, or any aviation sales or service or repair organization or airport or hangar operator or their respective employees or agents, with respect to any occurrence arising out of the operation thereof; (3) with respect to any hired automobile, aircraft or watercraft, the owner or lessee (of whom the Named Insured is a sub- lessee) thereof or any agent or employee of such owner or lessee; (4) with respect to any occurrence arising out of the loading or unloading of any such automobile, any person or organization other than a lessee or borrower of the automobile or any employee of the Named Insured or of such lessee or borrower; (e1 any other person or organization: (1) named in the underlying insurance listed in Item 4 of the Declarations as of the effective date of this policy; (2) added to the underlying insurance during the currency of this policy if the Named Insured notifies the Company within thirty days following the effective date of such addition to such underlying insurance: but not for broader coverage than is available to such person or organization under such underlying insurance. The Named Insured shall pay any additional premium required because of the application of this indemnity to such additional insured; Provided that: (1) No person shall be an Insured under this policy with respect to personal injury to any fellow employee of such person injured in the course of his employment except with respect to personal injury for which liability insurance is afforded to such person by a policy of underlying insurance listed in Item 4 of the Declarations; and (2) This indemnify does not apply to personal injury or property damage arising out of (i) the conduct of any partnership or joint venture of which the Insured is a partner or member and which is not named in Item 1 of the Declarations, or (ii) if the Named Insured is or includes a partnership, an automobile owned by or registered in the name of a partner thereof, except insofar as coverage is available to such Named Insured under the underlying insurance listed in Item 4 of the Declarations. IV, Insured's Primary Limit: The Insured's primary limit with respect to each occurrence shall be an amount of ultimate net loss equal to: (a) in respect of damages covered by the underlying insurance listed in Item 4 of the Declarations, the sum of (1) the amount of the applicable limits of such insurance, and (2) the amount recoverable by the Insured under any other insurance available to the Insured; and V in respect of damages not covered by the underlying insurance listed in Item 4 of the Declarations, the greater of (1) the amount recoverable by the Insured under any other insurance available to the Insured, or (2) the amount stated in Item 5 of the Declarations. In the event of a reduction or exhaustion of the aggregate limit of liability under Item 4 of the Declarations, this policy shall: (a) in the event of a reduction, pay the excess of the reduced underlying limit; (b) in the event of exhaustion, continue in force as underlying insurance. The underlying insurance listed in Item 4 of the Declarations shall be deemed to be effective to the full extent of the limits stated therein irrespective of whether such underlying insurance is in force when the occurrence takes place, irrespective of any defense which the underlying insurer may assert because of failure to comply with any condition of its policy and irrespective of the inability of the underlying insurer to pay by reason of bankruptcy or insolvency. V. Company's Limit of Liability: Regardless of the number of (a) Insured's under this policy, (b) persons or organizations who sustain injury or damage, (c) claims made or suits brought on account of personal injury or property damage, the limit of liability stated in Item 6 (a) of the Declarations is the limit of the Company's liability for all ultimate net loss as the result of any one occurrence. There is no limit to the number of occurrences for which claims may be made, except that the limit of liability stated in Item 6 (b) of the Declarations is the total limit of the Company's liability for all ultimate net loss in respect of all personal injury and property damage which occurs during the policy period and arising out of the products hazard or the completed operations hazard or both combined. If this policy is issued for more than one year, this aggregate limit of liability applies separately to each consecutive annual period of this policy, or if the last consecutive period is less than 12 months, to such period of less than 12 months. VI. Products and Completed Operations Hazards: The "products hazard" includes personal injury and property damage arising out of the Named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the personal injury or property 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. The "completed operations hazard" includes personal injury and property dam- age arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the personal injury or property damage occurs after such operations have been completed or aban- doned 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 completed at the earliest of the following times: (a; when all operations to be performed by or on behalf of the Named Insured under the contract have been completed, (b) when all operations to be performed by or on behalf of the Named Insured at the site of the operations have been completed, or (c) 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 perform- ing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or cor- rection, repair or replacement because of any defect or deficiency, but which VIII. This policy shall not apply: OF are otherwise completed shall be deemed completed. The completed operations hazard does not include personal injury or property damage arising out of (a) operations in connection with the transportation of property, unless the personal injury or property damage arises out of a condition in or on a vehicle created by fie loading or unloading thereof, or (b) the existence of tools, uninstalled equipment or abandoned or unused materials. VII. Definitions: When used in this policy (including endorsements forming a part hereof): (a) "Insured" means any person or organization qualifying as an Insured under the provisions of Section III hereof. The indemnity 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; (b) "Named Insured's products" means goods or products manufactured, sold, handled or distributed by the Named Insured of 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 or located for use of others but not sold; (c) "occurrence' , means an accident, including continuous or repeated exposure to conditions, which results in personal injury or property damage neither expected nor intended from the standpoint of the Insured. All personal injury and property damage arising out of continuous or repeated exposure to sub- stantially the same general conditions shall be considered as arising out of one occurrence; (d) "personal injury" means bodily injury, including death at any time resulting therefrom, mental injury, mental anguish, shock, sickness, disease, or dis- ability; injury arising out of false arrest, false imprisonment, wrongful eviction, detention, malicious prosecution, humiliation, libel, slander, defama- tion of character, or invasion of rights of privacy, which occurs during the policy period. The term "personal injury" shall also include, when committed or alleged to have been committed in any advertisement, publicity article, broadcast or telecast during the policy period, and arising out of the Named Insured's advertising activities, injury arising out of: (1) infringement of copyright or of title or of slogan, and (2) piracy or unfair competition or idea misappropriation under an implied contract; (e) "property damage" means (1) physical injury to or destruction of tangible property, which occurs during the policy period, including 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; (f) "ultimate net loss" means the total sum which the Insured, or any company as his insurer, or both, become obligated to pay as damages, including dam. ages for care and loss of services, because of personal injury or property damage, either through adjudication or compromise with the written consent of the Company. EXCLUSIONS (a) to any obligation for which the Insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensa- tion or disability benefits law, or under any similar law; (b) to the ownership, maintenance, use, loading or unloading of any aircraft or watercraft owned by the Named Insured, but this exclusion does not apply insofar as coverage is available to the Insured under the underlying insurance listed in Item 4 of the Declarations; (c) to damages claimed for the withdrawal, inspection, repair, replacement, or lass of use of the Named Insured's products or work completed by or for the Named Insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or suspected defect or deficiency therein; (d) to loss of use of tangible property which has not been physically injured or destroyed, resulting from: (1) a delay in or lack of performance by or on behalf of the Named Insured of any contract or agreement, or (2) the failure of the Named Insured's products or work performed by or on behalf of the Named Insured to meet the level of performance, quality, fitness or durability warranted or represented by the Named Insured; but this exclusion does not apply to loss of use of other tangible property resulting from the sudden and accidental physical injury to or destruction of the Named Insured's products or work performed by or on behalf of the Named Insured after such products or work have been put to use by any person or organization other than an Insured; (e) to personal injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemi- cals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (f) to property damage to (1) property owned by the Named Insured, (2) the Named Insured's products arising out of such products or any part of such products, or (3) work performed by or on behalf of the Named Insured arising out of the work or any portion thereof, or out of materials, parts or equip- ment furnished in connection therewith; (g) with respect to liability assumed by the Insured under contract, to (1) prop- erty damage to property rented to, occupied or used by or in the care, custody or control of the Insured, if such liability is greater or broader than the Insured's common law or statutory liability therefor; (h) with respect to advertising activities, to damages claimed for (1) breach of contract other than an implied contract to pay for the misappropriation of an idea, (2) infringement or misappropriation of a trademark, service mark or trade name, (3) incorrect description of any article or commodity, or (4) mis- take in advertised price; to punitive or exemplary damages awarded against the insured Policy Number UL3 8 91§0 Renewal of UMBRELLA POLICY NINXAM INSURANCE COMPANY (a stock company, herein called the Company) ❑ One State Street Plan, New York, New York 10004 DECLARATIONS 1. Named Insured: City of Newport Beach Et Al 2. Address 3300 Newport Blvd, Newport Beach, California Producer: Hull & Comany 1450 East 17th Street Santa Ana, CA 92711 3. Policy Period: From 12:01 A.M., June 25, 1976 to 12:01 A.M., June 25, 1977 standard time at the address of the Insured as stated herein 4. Schedule of Underlying Insurance: See Endorsement No. 1 5. Retained Limit: 6. Limit of Liability: 7. Premium: (a) Flat Charge (b) Deposit Premium: $ 10,000,00 (a) $ 4,000,000, each occurrence (b) $ 4, 000, 000, aggregate $ 48,000. $ 19,200, due in advance (c) Minimum Premium: $ (d) Rate: (e) Audit Reporting Period: Annual unless otherwise stated. Los Angeles, Ca 9/8/76 Countersignature Date UND 200A REV. 1/74 ORIGINAL $14,000 due 10/1/76 and 1,(1/77 Item 4 of the Declarations shall r follows: - 4. Schedule of Underlying Insurance: Carrier Coverage Limits A. Employers' Liability $ one accident Fireman's Fund B. Comprehensive Auto Bodily Injury Liability & PP CSL Liability $ 300,000 eachperson $ 300,000 each occurrence Property Damage Liability $ each occurrence Bellefonte C. Comprehensive General Bodily Injury and Property Liability Damage Liability Combined includes Personal $ 300,000 each occurrence Injury $ 300,000 aggregate Bodily Injury Liability $ each person $ each occurrence $ aggregate Bodily Injury Liability $ each occurrence $ aggregate Property Damage Liability $ each occurrence $ aggregate Personal Injury Liability $ each person aggregate $ general aggregate Hospital Professional Liability $ each claim $ aggregate Covenant Insurance Go. D.I.C. $ 300,000 each occurrence /aggregate A &Bj $ 300,000 each occurrence /aggregate C Midland Insurance Go, excess Liability GL & Auto 100% of the difference between & DIC Underlying Insurance & total limit of 1,000,000 CSL The General Liability coverage includes the following, as indicated: )$Products and Completed Operations Liability Coverage I$ X.G.U. Liability Coverage ❑ Designated Contractual Liability Coverage I Blanket Contractual Liability Coverage I$Broad Form Property Damage Liability Coverage [ DIC ]Personal Injury ❑ This endorsement forms a part of the policy to which attached, effective on the inception date of the policy unless otherwise stated herein. (The information below is required only when this endorsemant is issued subsequent to preparation of the policy.) Endorsement Effective .Tune 25, 1976 Policy No. UL -38%90 Endorsement No. One. Named Insured City of Newport Beach Coun si ed MIDLAND INSURANC MPANY UNO 20C REV. 1'74 resident �&GINAL ',. . c ENDO-RS�EMENT Effective Dote June 25, 1976 It is agreed that this policy shall not apply to injury, sickness, disease, death or destruction due to the rendering of or failure to render any professional service in connection with Physicians, Surgeons, Hospitals, and Clinics. Effective June 25, 1976 12:01 AM Standard Time, this Endorsement No. 2 attached to and made a part of Policy No. UL- 389290 of MIDLAND INSURANCE COMPANY issued to City of Newport Beach (The information above is required only when this endorsement is issued subsequent to preparation of the policy.) Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of this policy other than as above stated. .......... ... ......`^ !1 ....�.� ..... .. Ksrl Oierl, any Ir FORM UNY, hp-26f PR6) 10M ORIGINAL Rte. Jw P. crai% Prwd"o - ,: _. �,... ... 9" �... �.. ..., r. ENDORSEMENT Effective Dote June 25, 1976 In consideration of the premium charged, it is understood and agreed no coverage is afforded for any loss arising out of the Inverse Condemnation included, but not limited to the failure of the Insured to condemn prop- erties and or properly reimburse the parties involved and or the loss of the property value as a result of the rezoning of properties. Effective June 25, 1976 12:01 AM Standard Time, this Endorsement No. 3 attached to and made a part of Policy No UL 389290 Of MIDLAND INSURANCE COMPANY issued to City of Newport Beach (The information above is required only when this endorsement is issued subsequent to preparation of the policy.) Nothing herein contained shall be held to vary, alter, waive or extend any of the Terms, conditions, agreements or limitations of this policy other than as above stated. ........ ............... ......14.1 E. Djarl, Sacralry Jl n P. Craig, Pn 9/8/76 re ORIGINAL FORM uyvp o wo. zez Ms) idae r+oUwcPwrD.NO,ss. ec c: ENDIORtEMENT Effective Date June 25, 1976 In consideration to be charged, it is agreed Item # 7 of the declarations premium is amended to read as follows: A) Flat charge — $48,000. annual minimum B) Deposit Premium — $19,200. due in advance $14,400. due 10/1/76 & 1/1/77 Effective June 25, 1976 12:01 AM Standard Time, this Endorsement No. 4 attached to and made a part of Policy No. UL 389290 of MIDLAND INSURANCE COMPANY issued to City of Newport Beach, etal (The inforeation above is required only when this endorsement is issued subsequent to preparation of the policy.) Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, condiCons, agreements or limitations of this policy other than as above stated. By AvlAerleed Repress lwlve ORIGINAL Lars P. Crass. Prl September 22, NUCLEAR INCIDENT EXCLUSION CLAUSE DL N is agreed this policy shall not apply to personal injury or property damage: (a) with respect to which an Insured under the 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 (b) resulting from the hazardous property of nuclear material and with respect to which; (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) 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; or (c) resulting from the hazardous properties of nuclear material, if (1) the nuclear material (i) is at any nuclear facility owned by, or operated by or on behalf of, an Insured or 60 has been discharged or dispersed therefrom; or (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 personal 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 subparagraph (3) applies only to property damage to property at such nuclear facility. X. This policy is subject to the following conditions As used herein: "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 "by- product 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 by- product material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under sub- 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 material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, 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. CONDITIONS (a) Premium. If the Premium is stated in the Declarations as a flat premium charge the premium is not subject to adjustment except as hereinafter provided. If the premium is stated in the Declarations as other than a flat premium charge, the deposit premium is an advance premium 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 reporting period the earned premium for such period shall be computed in accordance with the rates and minium premium stated in the Declarations, 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. Appropriate additional premium shall be payable with respect to any addi- tional Named Insured and any person who or organization which becomes an Insured under the provisions of Section III W. 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. (b) Maintenance of Underlying Insurance. The underlying insurance listed in Item 4 of the Declarations shall be maintained in full effect during the cur- rency of this policy except for any reduction of the aggregate limit or limits applicable thereto solely by payment of claims in respect of personal injury or property damage which occurs during the period of this policy. 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 condition. Upon notice that any aggregate limit of liability under any policy of underly- ing insurance has been exhausted, the Named Insured shall immediately make all reasonable efforts to reinstate such limits. The Named Insured shall give the Company written notice as soon as practicable of any change in the scope of coverage or in the amount or limits of insurance under any policy of underlying insurance, and of the termination of any coverage or exhaustion of aggregate limits of any underlying insurer's liability. (cl Inspection and Audit. The Company shall be permitted but not obligated to inspect the 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 Insured or others, to determine or warrant that such property or operations are safe or healthful, or are in compliance with any law, rule or regulation. The Company may examine and audit the Insured's books and records at any time during the policy period and within three years after the final termina- tion of this policy or within one year after final settlement of all claims arising out of personal injury or property damage which occurs during the period of this policy, as far as they relate to the subject matter of this indemnity. (d) Insured's Duties in the Event of Occurrence, Claim or Suit. In the event of an occurrence, which in the judgment of the Insured is likely to involve the liability of the Company hereunder, 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 as soon as practicable. 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 representatives. 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 who may be liable to the Insured because of personal injury or property damage with respect to which indemnity 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. (e) Appeals. In the event the Insured or the Insured's underlying insurers elect not to appeal a judgment in excess of the Insured's primary limit, the Com- pany may elect to make such appeal at its cost and expense, and shall be liable for the taxable costs and disbursements and interest incidental thereto, but in no event shall the liability of the Company for ultimate net loss exceed the amount set forth in Item 6 (a) of the Declarations for any one occurrence. (D Loss Payable. Liability under this policy with respect to any occurrence shall not attach unless and until the Insured, or the Insured's underlying insurer, shall have paid the amount of the Insured's primary limit on account of such lip occurrence. The Insured shall make a definite claim for any loss for which the Company may be liable under this policy within 12 months after the Insured shall have been paid an amount of ultimate net loss in excess of the Insured's primary limit or after the Insured's liability shall have been fixed and rendered certain either by final judgment against the Insured after actual trial or by written agreement of the Insured, the claimant, and the Company. If any subsequent payments shall be made by the Insured on account of the same occurrence, additional claims shall be made similarly from time to time. Such losses shall be due and payable within 30 days after they are respec- tively claimed and proven in conformity with this policy. (g) Bankruptcy and Insolvency. In the event of the bankruptcy or insolvency of the Insured or any entity comprising the Insured, the Company shall not be relieved thereby of the payment of any claims hereunder because of such bankruptcy or insolvency. IN Other Insurance. The indemnity afforded by this policy shall apply in excess of all other insurance or indemnity available to the Insured except insurance or indemnity purchased by the Named Insured specifically to apply in excess of the Company's limit of liability hereunder. (i) Subrogation. In case of any payment hereunder, the Company will act in concert with all other interests (including the Insured) concerned, in the exercise of the Insured's rights of recovery therefor against any person or organization. The apportioning of any amounts which may be so recovered shall follow the principle that any interests (including the Insured) that shall have paid an amount over and above any payment hereunder, shall first be reimbursed up to the amount paid by them; the Company is then to be reimbursed out of any balance then remaining up to the amount paid here- under; lastly, the interests (including the Insured) of whom this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the interests (including the Insured) concerned, in the ratio of their respective recoveries as finally settled. (j) Changes. Notice to or knowledge possessed by any 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 hereof, signed by the Company. (k) Assignment. Assignment of interest under this policy shall not bind the Company unless and until its consent is endorsed hereon. (D Cancellation. This policy may be cancelled by the Named Insured by sur- render thereof to the Company or by mailing to the Company written notice staling when thereafter the cancellation shall be effective. This policy may be cancelled by the Company by mailing to the Named Insured at the address shown in this policy written notice stating when not less than 30 days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The. effective 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 the Company shall be the equivalent to mailing. If the Named Insured cancels, earned premium shall be computed in accord- ance 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 prac- ticable after cancellation becomes effective, but payment or tender of un- earned premium is not a condition of cancellation. The Insured first named in Item I of the Declarations shall be deemed to be the agent of all other Insureds with respect to the giving and receiving of notice of cancellation and to receiving any return premium that may become payable under this policy. IN WITNESS WHEREOF, the Company has caused this policy to be signed by its President and Secretary and countersigned on the Declarations page by an authorized representative of the Company. Karl E. Djerf, Secretary MIDLAND INSURANCE COMPANY James P. Craig, President In consideration of the en' ,: W ch, t is understood and that Item #6y Cancellatict tnded to read as foil 4SID S'iyy (60) days except for non - payment of 8 @E 1 v�g16� premium Ten (10) days. Nw " F C1" B GNl Attached to and mode a, pat of Policy No. Xt:, 23 MIDL ANCE COMP - issued to City Of i4BWOOrt Beach ' Countersigned: At: Los Angeles, California Date November "30 1976 .... Karl Di' James P. Craig, President End. #8 Au ..er12 e0resap fol ry FORM UND. NO. 2,61 (12/]6).a.a61 "- REPLACES UND. NA.. qq,:- �� �+ ♦� - q� <i-Tw.� t. .t POLICY No. L 149323 EXCESS LIABILITY POLICY . . Renewal of XL MIDLAND INSURANCE COMPANY One State Street Plaza, New York, New York 10004 DECLARATIONS Item 1. Name Insured and Address: (No., street, Town, county, sure) City of Newport Beach 3300 Newport Blvd, Newport Beach, Co. 92660 Item 2. Policy Period: From 6 -25 -76 to 6 -25 -77 12:01 A. M., standard time at the address of the named insured as stated herein. STOCK COMPANY �M /GARVEY c' Item 3. Underlying Insurance: SEE ENDORSEMENT #I Item 4. Limit(s) of Coverage $700,000 CSL each person, each occurrence/ Hereunder: aggregate as applicable BI & PD Combined excess underlying insurance. Item 5. Premium: $26,800.00 deposit subject to installments of $20,100.00 due on 10 -1 -76 and 1 -1 -77. Item 6. Cancellation: Ten 10 days. "�' �� �0 Sept. 17, 1976 By- Date: fluthdrized Representattve Form No. UND -202 M&AND INSURANCE EUMAY (A stock insurance company, herein called the company) In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all terms of this policy, agrees with the insured named in Item 1 of the declarations as follows: TERMS AND CONDITIONS INSURING AGREEMENT 1. The Company hereby indemnifies the Insured against uttimate net loss in excess of and arising out of the hazards covered and as defined and in excess of the underlying insurance as shown in Item 3 of the Declarations (hereinafter referred to as "underlying insurance ") but only up to an amount not exceeding the limit(s) shown in Item 4 of the Declarations. 2. Except as may be inconsistent with this Policy, the coverage provided by this Policy shah follow the insuring agreements, conditions and exclusions of the underlying insurance (whether primary or excess) immediately preceding the layer of coverage provided by this Policy, including any change by endorsements. The Company shall be notified of any change in coverage or Premium in such underlying insurance and copies thereof shall be furnished to the Company upon request. 3. The limits of the underlying insurance shall be maintained in full effect during the currency of this Policy except for reduction of such limits by exhaustion of aggregate limits (if any) contained therein solely by payment of claims resulting from accidents or occurrences happening during the period thereof. Failure of the Insured to comply with the foregoing shall not invalidate this Policy but in the event of such failure the company shall be liable only to the extent that it would have been liable had the Insured complied therewith. 4. Unless aggregate limits are specifically stated in Items 3 and 4 of the Declarations, the coverage provided by this Policy applies only with respect to each accident or occurrence for limits in excess of the amount provided for same in the underlying insurance and does not apply over any reduced amount of underlying insurance in the event of the exhaustion or reduction of aggregate limits (if any) in the underlying insurance. 5. If aggregate limits are specifically stated in Item 3 and 4 of the Declarations, this Policy will apply in excess of reduced underlying insurance provided such reduction in the underlying insurance is solely the result of accidents or occurrences happening after the inception date of this Policy. The Insured shall give the Company written notice as soon as possible of any reduction or exhaustion of such aggregate limit in the underlying insurance. 6. If more than one insured is named in the Declarations such additional Insured(s) shall not have the effect of increasing the Company's limit of liability for each accident or occurrence stated in Item 4 of the Declarations. PREMIUM 7. Premium due the Company for this excess insurance shall be that amount shown in Item 5 of the Declarations and is payable upon delivery of this Policy. NOTICE OF LOSS 8. The Insured shall immediately advise the Company of any accident or occurrence which appears likely to result in liability under this Policy and of subsequent developments likely to affect the Company's liability hereunder. At no time shall the Company be called upon to assume charge of the settlement or defense of any claims made or suits brought or proceedings instituted against the Insured, but the Company shall have the right and shall be given the opportunity to associate with the Insured or its underlying insurer or insurers, or both, in the control, defense and /or trial of any claims, suits or proceedings which, in the opinion of the Company, involves or appears reasonably likely to involve the Company. I the company avails itself of such right and opportunity, the Insured, any underlying insurer or insurers and the Company shall cooperate in the control, defense and /or trial of such claims, suits or proceedings, so as to affect a final determination thereof. Failure on the part of the Insured or the underlying insurer or insurers to cooperate shall relieve the Company, at its option, of liability under this Policy. 9. The Insured shall be solely responsible for the investigation, settlement, defense and final disposition of any claim made or suit brought or proceeding instituted against the Insured to which this Policy would apply and which no underlying insurer or insurers is obligated to defend. The Insured shall use due diligence and prudence to settle all such claims and suits which in the exercise of sound judgment should be settled, provided, however, that the Insured shall not make or agree to any settlement for any sum, in excess of the underlying insurance, without the approval of the Company. 10. The Insured shall (a) cooperate with the underlying insurer or insurers, as required by the terms of the underlying insurance, (b) comply with all the terms and conditions thereof and (c) enforce any right of contribution or indemnity against any person or organization who may be liable to the Insured, because of liability with respect to which insurance is afforded under this Policy and the underlying insurance. LOSS PAYABLE 11. The Company's obligation to pay any ultimate net loss and costs with respect to any accident or occurrence falling within the terms of this Policy shall not attach until the amount of the applicable underlying limit has been paid by or on behalf of the Insured on account of such accident or occurrence. The Insured shall make claim for any ultimate net loss and costs under this Policy within a period of not exceeding twelve (12) months after, (a) the Insured shall have paid ultimate net loss in excess of the underlying limit, with respect to any accident or occurrence, or (b) the Insured's obligation to pay such amounts 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. 12. All losses covered by this Policy shall be due and payable by the Company within thirty (30) days after claim has been Presented and proper proof of payment of ultimate net loss and costs has been submitted, all in accordance with the terms above. 'n- ENDORSEMENT Effective Dote _ 6 -25 -76 Item 3, Lklderl i y ng .insurance: ColpRrehensive General Liability Bellefonte Underwrites ins. Co. 7 CAG 203961 X0,000 CSL each occurrence/ 6 -25 -76/77 aggregate as applicable BI & PD Combined. Automobile Liability Fireman's Fund Ins. Co. LA 2292527 $300,000 CSL each person, each 6 -25 -76/77 occurrence BI & PD Combined Liability Covenant Mutual Ins. Co. GLA 2034831 $300,000 each occurrence/ 6 -25 -76/77 aggregate as applicable Paramedics i'rofessionai Liability Jefferson -ins. Co, of New York ^' AJL 32701 $300,000 each claim/aggregate 6 -25 -76/77 as 'applicable Effective 6 -25 -76 12:01 AM Standard Time, this Endorsement No. I attached to and made a part of Policy No. XL 149323 of MIDLAND INSURANCE COMPANY issued to City of Newport Beach (The information above is required only when this endorsement is issued subsequent to preparation of the policy.) Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of this policy other than as above stated. FORM aND. NO. 262 (li[14) 1.0M 1z V VKI,GINAL r1 LJ James P. Craig, Pr.vd.nt 9 -17 -76 LJ • j i • j ENDORSEMENT C' Effective Date 6 -25 -76 ERISA EXCLUSION i In consideration of the premium, charged, it is understood.and. agreed that coverager'4fforded by this policy does riot apply to any claim based upon the Employee Retirement Income Security Act of 1974, Pul'rlic Law 93 -406, comr!v* referred to as the Pension Reform Act =of 1474 .gnd amendments thereto. Attached to and made a part of Policy No. XL 149323 of MIDLAN",3 RANCE COMPANY City of Newport Beach issued to Countersigned: At: Los Angeles, California "- Dote - 7f- 1976 By FORM IjttQ ENO. 261 112/]4) IOM REPLACE UNO. NO. 44 ORIGINAL ... ...................... - James P. Craig, President End. #2 I- n5t 9 EN. DO R S E MEN T Effective Dote 6-25-76 DISCRIMINATION IN HIRING- PRACTICES In consideration of the premium charged, . it is understood and agreed that no coverage is:- afforded under the policy for any r ec"n. .qrlslng as a result of disarimir4*1on in hiring practices � ' ices as a result of rd�Ion or sex, 2 and/or any other form of dis -` -ation specified in any Fed .awl or State Civil'Itights Law. 2 lttachod -AW made a par t.a f Poficy NQ.- XL 149323 of MIDLAND INSURANCE City of Ne-,rport,-Uach, issued f&-- By Countersigned: At: .,Los Angeles, California DS*iii:, 17, 1976 ate-- .............. ........... goo 7' Kar D' rf James P. Craig, President #3 k AA AN FORM UND. NO. 201 (12/74) 10M- REPLACES UNOZ NO. 44 ante, 0 I ,r i;; "L 7 D _ ii 317 .-:i i P ' � .l-J: Li 1;' :Il tom•. i _ ,. .- c ENDORSEMENT Effective Date 6 -25 -76 In consideration of the premium charged, it is understood and agreed that this policy shall not apply to any liability for personal injury or property damage arising out of: 1) the complete or partial failure to supply electricity, gas or water; 2) the ownership, maintenance, use or operation of airfields, runways, hangars, buildings or other properties in connection with aviation activities or airports; 3) (a) any claims for loss or damage or any liability of any and all assureds arising out of or in any way connected with the operation of the principles of eminent domain, condemnation prodeedings, or inverse condemnation by whatever name called regardless of whether such claims are made directly against the assured or by virtue of any agreement entered into by or on behalf of the assured. (b) with respect to any provision in this policy concerning any duty of underwriters to investigate or defend claims such provisions shall not apply to claims excluded by paragraph (a) above. 4) dams. Effective 6-25-76 12:01 AM Standard Time, this Endorsement No. 4 attached to and made a part of Policy No. XL 149323 of MIDLAND INSURANCE COMPANY issued to City of Newport Beach (The information above is required only when this endorsement is issued subsequent to preparation of the policy.) Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of this policy other than as above stated. ,FORM UND. NO. 202 112 /141 IOM REP4.k.`s_,kJYBRe:ffis: ORIGINAL . t James P. Craig, President 9 -17 -76 U .�E • m . I 7'-7 I I-d : ::'i.. C C 1-il-D rt it vn=l C C:'(: C C. C L L.--1 I I I Ac i i- a f I i ii C.'; q qI IA J J, ! !.iV. '_C_..1:^.: dl T_ 7 7ar. I- • m . I ENDORSEMENT Effective. Date 6-25-w76 MUNICIPAL B(t_EXCLUSI(*- In consideration of the premium charg; is understood and agreed this policy shall not apply in the maintenance, operation, use, loading or unloading -of an y bus or mini bus. Attached to and made a part of Policy NO— X L of MIDLAND INSURANCEOMPANY i S su e:'-"A,-- City of Newport Beach Countersigned: At: Los Angeles, California . D"ate.- Sept. :47, 1976. ........... ......... lames P. Craig, ................ Kad E S President Vied, .000- #5 4 y FORM UND- NO- 281 (12/74) TOM RUP4ACE5 UND. NO, .4. oR1Gj.NA i - t,.x;... ....- i ENDORSEMENT - Effective Date 6-25 PROFESSIONAL MALPRACTICE EXCLUSION Inconsideration of the premium charged understood Wand. ggreed that this policy shall not apply to injury, sic knes , cease, death or destryFtjon due to the rendering of or failure to render any professional service by` a:,y_doctor, surgeon, dentist, hospital or clinic. Attached to and made a part of Policy No. 6k2 of .10IDLAR6411 URANCE COMPANY issued By y Los n Caunlersi ned: At: L Ageles -,California Du }e Sept. U, 1976 "ley t FORM UND. NO. 261 (12/)4) 10M .y]; [` ' REP1,At MS tftW. N O. 44. Y A, . ULTIMATE NET LOSS AND COSTS 13. Ultimate net loss, as used herein, shall be understood to mean the sums paid in settlement of losses for which the Insured is liable after making deductions for all recoveries, salvages and other insurances (other than recoveries under the underlying insurance, ' policies of co- insurance, or policies specifically in excess hereof), whether recoverable or not, and shall exclude all "Costs ". 14. The word "costs ", as used herein, shall be understood to mean interest on judgments, investigation, adjustment and legal expenses including taxed court costs and premiums on bonds, for which the Insured is not covered by the underlying insurance (excluding, however, (a) all expenses for salaried employees and counsel on general retainer, (b) all office expenses of the Insured, and (c) regular fees paid to counsel on general retainer. 15. Costs incurred by the Insured, with the written consent of the Company, shall be apportioned as follows: (a) in the event of claim or suit arising which appears likely to exceed the underlying insurance limit or limits, no Costs shall be incurred by the Insured without the written consent of the Company. (b) should such claim or suit be settled previous to going into court for not more than the underlying insurance limit or limits, then no Costs shall be payable by the Company. (c) should, however, the sum for which the said claim or suit may be settled exceed the underlying insurance limit or limits, then the Company, if it approves such settlement or consents to the proceedings continuing, shall contribute to the Costs incurred by the Insured in the ratio that its proportion of the ultimate net loss as finally adjusted bears to the whole amount of such ultimate net loss. (d) in the event the Insured elects not to appeal a judgment in excess of the underlying insurance limit or limits, the Company may elect to conduct such appeal at its own cost and expense and shall be liable for the taxable court costs and interest incidental thereto, but in no event shall the total liability of the Company exceed its limit or limits of liability as stated above, plus the costs of such appeal. (e) in the event a judgment is rendered in excess of the underlying insurance limit or limits and the underlying insurer or insurers elect to appeal such judgment, the duty of obtaining an appeal bond in regard to liability in excess of the underlying insurance limit or limits shall rest with the Insured and its underlying insurer or insurers. SUBROGATION AND SALVAGE 16. All salvages, recoveries or payments recovered or received subsequent to a settlement under this Policy shall be applied as if recovered or received prior to such settlement and all necessary adjustments shall then be made between the Insured and the Company, provided always that nothing in this clause shall be construed to mean that losses under this Policy are not recoverable until the Insured's ultimate net loss has been finally ascertained. 17. Inasmuch as this Policy is Excess Insurance, the Insured's right of recovery against any person cannot be exclusively subrogated to the company. It is, therefore, understood and agreed that in case of any payment hereunder, the Company will act in concert with all other parties (including the Insured) concerned, in the exercise of such rights of recovery. The apportioning of any amounts which may be so recovered shall follow the principle that any parties (including the Insured) that shall have paid an amount over and above any payment hereunder, shall first be reimbursed up to the amount paid by them, the company is then to be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly the parties (including the Insured) of whom this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the parties (including the Insured) concerned, in the ratio of their respective recoveries as finally settled. 18. Nothing herein contained shall be construed to mean that the Insured shall be required to enforce by legal action any right of subrogation or indemnity before the Company shall pay any loss covered hereunder. TERM 19. This Policy applies only to accidents or occurrences happening between the effective and expiration dates shown in Item 2 of the Declarations, unless otherwise cancelled. NUCLEAR INCIDENT EXCLUSION 20. It is agreed that this Policy does not apply: 1. Under any Liability Coverage, to injury, sickness, disease, death or destruction (a) 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 (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) 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. II. Under any Medical Payments Coverage, or under any Supplementary Payments Provisions relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if 0 0 (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) 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 (c) the injury, sickness, disease, death or destruction 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 (c) applies only to injury to or destruction of property at such nuclear facility. IV. As used herein: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or byproduct 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 material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, 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- support- ing chain reaction or to contain a critical mass of fissionable material; With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. 21. This Policy may be cancelled by either party upon written notice, such notice to be not less than the number of days set forth in Item 6 of the Declarations. If cancellation is at the request of the Insured, adjustment of premium shall be at short rate and if cancelled by the Company, adjustment shall be pro rata. However, in the event of cancellation or non - renewal of the underlying insurance immediately preceding this Policy, this Policy terminates as of the same date without notice to the Insured. The Company may, however, cancel this Policy absolutely on five (5) days' notice for non - payment of premium due. Notice shall be given by the Insured to the Company at One State Street Plaza, N.Y., N.Y. 10004 and by the Company to the Insured at the latter's address as shown in the Declarations. Notice by the Company to the first Named Insured, if more than one, shall be deemed notice to any other interests included as an Insured. IN WITNESS WHEREOF the Midland Insurance Company has caused this Policy to be signed by its President and Secretary, but same shall not be binding upon the Company unless countersigned by an authorized representative of the Company. r (N Secretary Z i t President I 0 RESOLUTION NO. 8854 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 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 ATTEST: City Clerk 26th day of July , 1976. Mayor DDO /bc 7/13/76