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HomeMy WebLinkAboutC-1949 - Comprehensive public liability insuranceADMIRAL * * *' A' NYE �ORSEMENT ** NO....------ 2............TO POLICY NO.. —�--CM 0402----------- ------ A TEXAS STOCK COMPANY (herein called "ADMIRAL ") EFFECTIVE DATE .... ......... November 1 .... ...... ...... ,.-1919- 77 --------------------------- NAMED City of Newport Beach, et al INSURED- -- ------- ------ -- -- ----------- -- ------- -------------- - - ---- ADDITIONAL INSURED In consideration of the $100 additional premium charged, which is not subject to audit, or short rate or pro rata adjustment, it is hereby agreed that the State of California is included as an additional insured but only as respects land leased for a turn around area for autos at the West End of Seashore Drive at Santa Ana River, Newport Beach. All other terms and conditions remain the same. BY: Ic -0012 151751 /07J.,. P-0 3. o-a . a-o /o3•ao Aufhoriwd Repre nlafiv i Y" t ATE AS- ISSUED. A VA ATMrML *WWW, —R-irs "THE CERTIFICATE HOI MWOF WO THIS CERTIFICATE ES 7 -"V --N T jL 0- O� ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES Milum Garvey 3720 Campus Drive Admiral Insurance Company Newport Beach, CA 92660 DM' Y City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 ... . . ...... This is "e. y th'if listed belt:., heeii i iii, named above and are in fofce it 0 i ;:,t;, --r—Limits —of-L-i-a-bili—tyi- n Thousands (000) t GENERAL UABUTY t A Xi rom 7 CM 0402 6-25-78 C 300,000 300,101 Cancellation: S'1Cs Lj:-,y --hove jescil` ",il- ti:tOiratOrl thereof, 10, or!] perry "'rl e1iiipVC1. "0 mail _,I-S cj t; ir:ttori nodc to tr „n ran, d ceit hcate. holder. but !al LUC W :'Iatfsuci-' notice shall impose no6ohi";Idon D,lhahiiitycf kind upon the company. itr ,, rp State of California Box 2304 Terminal Annex Los Angeles, CA 90051 25 (Ed-2 77) 7 a Replacing ----- New ------------ ---•--- -- --'-/- INSURANCE low CASUALTY POLICY ADMIRALCOMPANY 7 CM 0402 w..® A TEXAS STOCK COMPANY (herein called "ADMIRAL") DECLARATIONS NAMED City of Newport Beach, a Municipal� M I L U M /GA R V E Y INSURED Corporation of the State of .. California ]]heminj MAILING 3300 Newport Blvd. ADDRESS LNewport Beach, CA 92663 POLICY PERIOD: From.. Ame...2S.,...1977.. To... JAt 12:01 A.M. standard Time at the address of the Named Insured as stat In consideration of the payment of premium, in reliance upon the statements herein or attached hereto, and subject to all of the terms of this policy, ADMIRAL agrees with the Named Insured as follows: I. Coverage: Excess Comprehensive General Liability and Automobile Liability (per form attached). II. Limits of Liability: I III Insured's Retained Limit: Item LA. $ 100,000 as the result of any one occurrence because of Bodily Injury, Personal Injury or Property Damage, or Errors and Omissions or any combination thereof, including legal expense (per form attached), not exceeding: B. $ 400,000 as the result of one or more occurrences within the retained limit shown in Item 1A, that would have been covered by this policy because of Bodily Injury, Personal Injury or Property Damage, or Errors and Omissions or any combination thereof, including legal expense, occurring in any one annual policy period (per form attached). This reten- tion is adjustable at a rate of $3.458 per $100 of workers compensation payroll reported for the policy perod but in no event shall this reten- tion be less than $ 400,000 Admiral's Limit of Liability: Item 2. $ 300,000 as the result of any one occurrence because of Bodily Injury, Personal Injury or Property Damage, or Errors and Omissions or any combina- tion thereof (per form attached). Item 3. $ 300,000 as the result of all occurrences during each policy year per torm attached). Premium Computation: Estimated Workers Compensation PayroI1 Rate per $100 of Payroll �;:.-r -s �r $11,567,100 �1r.�.,,.c . $.818 Total Advance Premium Minimum Premium $94,700 $94,700 nERSEY I TERN A IONAL, INC. : Countersigned On:.--._-.- A!?�t15t__4_,__1977�18_________ /,"� y Und¢�{uri rlj Managers At: Haddonfield, New Jersey 08033 By: Authorize& Representative 1C-0013 (3174) 1M NUCLEAR ENERGY LIABILITY EXCLUSION This policy does not apply: a. Under any Liability Coverage, to bodily injury or property damage: (1) with respect to which an Insured under the policy is also an Insured nonce a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, or Nuclear Insur- ance 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 amenda. tory thereof, or (b) 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 Supplemental Payments 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; e. 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 pos- sessed, 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 furnishings 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 terri- tories or possessions, or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat; d. As used in this Exclusion: (1) "Hazardous properties" include radioactive, toxic, or explosive properties; (2) "Nuclear material" means source material, special nuclear material or byproduct material; (3) "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; (4) "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; (5) "Waste" means any waste material (a) containing byproduct material and (b) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (6), (a) or (b) thereof; (6) "Nuclear facility" means: (a) any nuclear reactor; (b) any equipment or device designed or used for (i) separating the isotopes of uranium or plu- tonium, (ii) processing or utilizing spent fuel, or (iii) handling, processing, or packaging waste; (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material it 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 of uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of waste; and (e) includes the site on which any of the foregoing is located, all operations conducted on such site, and all premises used for such operations; (7) "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; (8) "Property damage" includes all farms of radioactive contamination of property. SERVICE OF SUIT (Not Applicable in Texas and New Jersey) It is agreed that in the event of the failure of ADMIRAL to pay any amount claimed to be due hereunder, ADMIRAL, at the request of the Insured, will submit to the jurisdiction of any court of competent jurisdiction within the United States of America or Canada and will comply with all requirements necessary to give such Court jurisdicton and all matters arising hereunder shall be determined in accordance with the law and with the practice of such Court. It is further agreed that service of process in such suit may be made upon DONALD H. GARLOCK, President of ADMIRAL, or his nominee at JERSEY /INTER- NATIONAL, INC., Underwriting Managers, 56 Haddon Avenue, P.O. Box 850, Haddon. field, New Jersey 08033 and that in any suit instituted against any one of them upon this policy, ADMIRAL will abide by the final decision of such Court or by the final decision of the Appellate Court in the event of an appeal. The above-named is authorized and directed to accept service of process on behalf of ADMIRAL in any such suit and /or upon the request of the Insured to give a written undertaking to the Insured that it or they will enter a general appearance upon ADMIRAL's behalf in the event such a suit shall be mstilufed. Further, pursuant to any statute of any state, territory or district of the United States of America or province of Canada. which makes provision therefore, ADMIRAL hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. IN WITNESS WHEREOF, the ADMIRAL INSURANCE COMPANY has caused this policy to be signed by its President and Secretary, but this policy shall not be valid unless countersigned on the declarations page by a duly authorized representative of ADMIRAL. 4C, 0 President • • INSURING AGRELMENT COVERAGE A - BODILY INJURY LIABILITY COYd'.RAGE B - PROPERTY DAININGE LIABILITY COVERAGE C - ERRORS AND UIISSIONS LIABILITY COVERAGE D - PERSOVAL INJURY LIABILITY ADMIRAL will indemnify the Insured for ultimate net loss in excess of the retained limit hereinafter stated which the Insured shall become legally obligated to pay by reason of liability imposed by law, in- cluding Chapter 1651 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: A. Bodily Injury or B. Property Damage or C. Errors and Omissions or D. Personal Injury to which this policy applies, caused by an occurrence. DEFENSE, SETTLFIKENT AND SUPPLEMENTARY PAYMENTS ADMIRAL shall have the right and opportunity to associate with the Insured in the defense and control of any claim or proceeding arising out of an occurrence reasonably likely to involve ADMIRAL. In such event, the Insured and ADDMIRAL shall cooperate fully. Should any occurrence appear likely to exceed the retained limit, no loss expenses or legal expenses shall be incurred on behalf of ADMIRAL without its prior consent. Such consent shall not be unreasonably withheld. Should any claim arising from such occurrence be adjusted prior to trial court Judgment for a total amount not more than the retained limit, then no loss expenses or legal expenses shall be payable by ADMIRAL. However, should the total amount for which such claim might be adjusted prior to such judgment exceed the retained limit, then, if ADMIR:U, consents to further trial court proceedings, it shall contribute to legal expenses in the ratio which its proportion of the liability for the judgment rendered, or settlement made, bears the whole amount of said judgment or settlement, however, in no event shall the Insured's participation in such legal expenses exceed the retained limit shown in Item L1 and 1B of the Declarations. RETAINED LIMIT - ADMIRAL'S LP9IT OF LIABILITY Regardless of the number of (1) Insureds under this policy, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of bodily injury, property damage, errors and omissions, or personal injury, ADMIRAL'S liability is limited as follows: With respect to bodily injury or property damage or errors and omissions or personal injury or any combination thereof, ADMIRAL'S liability shall be only for the ultimate net loss in excess of the Insured's retained limit as specified in Item 1. of the Limits of Liability section of the Declarations as the result of any one occurrence, and then for an amount not exceeding the amount specified in Item 2. of the Limits of Liability section of the Declarations as the result of any one occurrence. There is no limit to the number of occurrences during the policy period for which claims may be made, except that the liability of AD`dIRAL arising out of either the products hazard or the completed operations hazard, or both combined, or out of errors and omissions, because of all occurrences during each policy year shall not exceed the amount specified in Item 3. of the Limit of Liability section of the Declarations. For the purpose of determining the limit of ADMIRAL'S liability, all dam- ages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. PERSONS INSURED Each of the following is an Insured to the extent set forth below: 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 or to death of another officer, servant or employee of the Named Insured injured in the course of and arising out of his employment; (2) Any member of boards, governing boards, city councils, or commissions of the Named Insured; C. Under Coverage A and B, any person while using an owned automobile or hired automobile and any person or organization legally responsible for the use thereof, provided the actual use of the automobile is by or with the permission of the Named Insured. The insurance with respect to any person or organization other than the Named Insured does not apply: -2- 0 • (1) To any person or organization, or to any agent or employee thereof, engaged in selling, repairing, servicing, delivering, testing, road testing, parking or storing auto- mobiles, with respect to any occurrence arising out of any such occupation, if there is other valid and collectible insurance available to such person as Named Insured or as an agent or employee of a Named Insured under the policy with limits at least equal to the requirements of the applicable Financial Responsibility Laws; (2) With respect to any hired automobile; to the owner, or a lessee thereof other than the Named Insured, or to any agent or employee of such owner or lessee. EXCLUSIONS This policy does not apply: A. To liability arising out of the ownership, maintenance, loading or unloading, use or operation of any aircraft, airfields, runways, hangars, buildings or other properties in connection with aviation activities. B. To any obligation for which the Insured or any carrier as his insurer may be held liable under any workers` compensation, tui- employment compensation or disability benefits law, or under any similar law; C. 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. To injury to or destruction of (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, or (3) aircraft or watercraft in the care, custody or control of any Insured; E. Under Coverage C to (1) liability of the Insured arising in whole, or in part, out of any Insured obtaining remuneration or financial gain to which the Insured was not legally entitled, or (2) liability arising out of the willful violation of a penal code or ordinance committed by or with the knowledge or consent of any Insured; except that any fact pertaining to any one Insured shall not be imputed to any other Insured for the purpose of deter- mining the application of these exclusions; F. Under Coverage C to (1) liability of any Insured arising out of -3- E r] estimates of probable costs or cost estimates being exceeded or for faulty preparation of bid specifications or plans, or (2) to injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof; G. To any liability arising out of or in any way connected with the operation of the principles of eminant domain, condem- nation proceedings, or inverse condemnation, by whatever none called, whether such liability accrues,directly against the Insured or by virtue of any agreement entered into by or on behalf of the Insured. I H. To bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, flames, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental. DEFINITIONS AUTOMOBIIJ_ Except where stated to the contrary, the word "automobile" means a land motor vehicle or trailer as follows: A. Owned Automobile - an automobile owned by the Named Insured; B. 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; C. 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 otheMse: If of the crawler -type, any tractor, power crane or shovel, ditch or trench dig- ger; 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 non - crawler type, any power crane or shovel, ditch or trench digger; and any air compressing, building or vacuum cleaning spraying or welding equipment or well drilling machinery. USE. Use of an automobile or aircraft includes the loading uid unloading thereof. -4- COMPLETED OPERATIONS HAZARD. "Completed operations hazard" means bodily injury and property damage arising out of operations or reliance upon a represen- tation 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 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. ltffien all operations to be performed by or on behalf of the Named Insured at the site of the operations have been completed, or C. Mien the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organ- ization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the sane 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 othenvise 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, tminstalled equipment or abandoned or unused materials, or C. Operations for which the classification stated in AD`MIRAL'S manual specifies "including completed operations ". ERRORS ANID OMISSIONS. "Errors and omissions" means misfeasance, malfeasance or nonfeasance by any Insured. INSURED. "Insured" means any person or organization qualifying as an Insured under the Persons or Entities Insured section of this policy. The word "Insured" includes the Named Insured. K41F,D INSURI:D'S PRODUCTS. "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 products" shall not include a vending machine or any property other than such a container, rented to or located for use of others but not sold. OCCURRENCE. As respects CObZRAGES A and B, "occurrence" means an accident, or C event including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the Insured; as respects COVERAGE C, "occurrence" means any actual or alleged errors or omissions by an Insured which results in injury or damage neither expected nor intended from the standpoint of the Insured; as respects COVERAGE D "occurrence" means any injury or damages sustained by any person or organization and arising out of.personal injury as defined herein. PERSONAL. INJURY. "Personal injury" means (a) false. arrest, detention, or imprisonment or malicious prosecution; (b) publication or utterance of a label or slander or of other defamatory or derogatory material, or a pub- lication or utterance in violation of an individual's right of privacy except when any of the foregoing of this part (b) arises from publications or utterances in the course of or related to advertising, broadcasting, or telecasting activities conducted by or on behalf of the Named Insured; (c) wrongful entry or eviction or other invasion of the right of private occupancy; (d) assault and battery, not committed by or at the direction of the Named Insured unless committed for the purpose of protecting persons or property; (e) racial or religious discrimination, not committed by or at the direction of the Named Insured. BODILY INJURY. "Bodily injury" means bodily injury, sickness or disease, including death at any time resulting therefrom and also includes care and loss of services sustained by any person or persons. POLICY TERRITORY. "Policy territory" means anywhere in the world. PRODUCTS HAZ W. "Products hazard" includes bodily injury and property damage arising out of the Named Insured's products or reliance upon a representation of 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 relin- quished to others. PROPERTY DANV�GE. "Property damage" means (1) physical injury to or destruc- tion 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 pro- vided such loss of use is caused by an occurrence during the policy period. ULTIMtkTE NTT LOSS. "Ultimate net loss" means the swu actually paid or pay- able in cash in the settlement or satisfaction of losses for ihich the Insured is liable either by adjudication or compromise with the written consent of ADMIRAL, after making proper deduction for all recoveries and salvages collectible, and includes attorney's fees, court costs and interest on any judgment or award, but excludes all loss adjustment expenses and all salaries of employees and office expenses of the Insured, AID11PA, or any underlying insurer so incurred. -6- 0 0 CONDITIONS 1. PIZEMIM The premiwn for this policy is as stated in the policy declarations and is an estimated premium only. Upon expiration, or not later than thirty (30) days after each annual policy period or upon termination of coverage if sooner, the Insured shall report the TOTAL WORKERS' COMPENSATION PAYROLL recorded during the policy •period and pay the premium earned thereon at the prendum rate prevailing during that period. The advance premium shall, then be returned to the Insured less any earned premiwn clue to ADMIIUU,. Such return premium shall be subject to the minimum premium as stated in the declarations. 2. INSPECTION AND AUDIT ADMIRAL shall be permitted but not obligated to inspect the Insured's property and operations at any time. Neither ADAUP U..'S right to make inspections nor the making thereof nor any report hereon shall con- stitute an undertaking, on behalf of or for the benefits of the Insured or others, to determine or warrant that such property or operations are sale or healthful, or are in compliance with any law, rule or regula- tions. ARIIRAL may examine and audit the 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. SI\TEIMILITY OF INTEREST. The tern "the Insured" is used several]), and not collectively, but the inclusion herein of more than one Insured shall not operate to increase the limits of the company's liability. 4. INSURER'S DUTIES IN THE EVENT OF OCCURRENCE, CIALM 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 circunstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the Insured to ADMTR L 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 immediately forward to ADMIIAL every demand, notice, sunnnons or other process received by him or his representative. (c) The Insured shall cooperate with - V)MTR4I, and, upon AI.VERAL'S request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or i.ndeannity against any person or organization who may be liable to the Insured because of injury or dmnage 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 -7- • • incur any expense; however, in the event that the amount of ultimate net loss becomes certain either through trail court judgment or agree- ment among the Insured, the claimant and ADMIRAL, then the Insured may pay the amount of ultimate net loss to the claimant to effect settlement and, upon submission of due proof thereof, ADMIRAL shall indemnify the Insured for that part of such payment which is in excess of the retained limit, or, ADMIRAL will, upon request of the Insured, make such payment to the claimant on behalf of the Insured. 5. APPEALS In the event the Insured or the Insured's underlying insurer elects not to appeal a judgment in excess of the retained limit, ADMIRAL. may elect to do so at its oi%m expense, and shall be liable for the taxable costs, disbursements and interest incidental thereto, but in no event shall the liability of ADMIRAL for ultimate net loss exceed the amount specified in the Limit of Liability section of the declarations plus the taxable costs, disbursements and interest incidental to such appeal. 6. ACTION AGAINST ADMIRAL No action shall lie against ADMIRAL 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 an amount of ultimate net loss in excess of the retained limit shall, have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claim- ant and MMIRAL. The Insured shall make a definite claim for any loss in which ADMIRAL may be liable within a reasonable time after such final determination. If any subsequent payments are made by the Insured on account of the same occurrence, the Insured shall make additional claims from time to time and these claims shall be payable within thirty (30) days after proof in conformity with this policy. 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. Nothing contained in this policy shall give any person or organization any right to join ADMIRAL as a co- defendant in any action of bankruptcy, or the insolvency of the Insured shall not relieve ADMIRAL of any of its obligations hereunder. 7. OMER INSURANCE If collectible insurance with any insurer is available to the Insured covering a loss also covered hereunder, the insurance hereunder shall be in excess of, and not contribute with, such other insurance provided, however, this does not apply to insurance which is written as excess insurance over ADMIRAL'S limit of liability provided in this policy. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, ADMIRU shall not be liable under this policy for a greater proportion of the loss than -8- that stated in the applicable contribution provision below: (a) Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares, AD,MIR1L 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, AD`dIFd, shall not be liable for 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. 8. SUBROGATION ADMIRAL shall be subrogated to the extent. of any payment hereunder to all the Insured's rights of recovery therefor; and the Insured shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows: Any interest (including the Insured's) having paid an amount in excess of the retained limit plus the limit of liability hereunder shall be reimbursed first to the extent of actual pay- ment. ADMIRI, shall be reimbursed next to the extent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to reimburse the Insured or any underlying insurer, as their interest may appear. The expenses of all such recovery proceedings shall be apportioned in the ratio of respective re- coveries. If there is no recovery in proceedings conducted solely by ADMIRAL, it shall bear the expenses thereof. 9. CRANGES 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 ADMIRAL 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. 10. ASSIWIEN'T Assignment of interest under this policy shall not bind ADMIRAL until its consent is endorsed hereon; if., however, the 'Famed Insured shall be adjudged bankrupt or insolvent, such insurance as is afforded by this policy shall apply (a) to the Named Insured's legal represent- ative, as the Named Insured, but only while actin; within the scope 0 of his duties as such, and (b) 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. 11. THREE YEAR POLICY If this policy is issued for a period of three years, the limits of MMIRAL.'S liability shall apply separately to each consecutive annual period thereof. 12. CANCELLATION This policy may be cancelled by the Named Insured by surrender thereof to ADMIRAL or any of its authorized agents or by mailing the ADMIRAL written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by ADMIRAL by mailing to the Named Insured, at the address shown in this policy, written notice stating when not less than thirty (30) 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 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 by ADMIRAL 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 MURAL cancels, earned premium shall be computed pro rata. When this policy insures more than one Named Insured, cancellation may be effected by the first named of such Named Insureds for the account of all Named Insureds. Notice of cancellation by MMIRAL to the first named Named Insured shall be deemed notice to all Named Insureds and payment of any unearned premium to such first named Named Insured shall be for the account of all Named Insureds. Premiums adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender or unearned premium is not a condition of cancellation. In the event of cancellation by the company of this policy prior to expira- tion, it is agreed that the Insured's annual retained limit as shorn on Item 1.B of the declarations shall be pro rated for the period of time coverage was actually in force hereunder. In the event of cancellation by the Named Insured the Insured's retained limit shall be 1000 of the amount shown in Item 13 of the declarations, not subject to pro rata or short rate adjustment. 13. ACCEPTANCE By acceptance of this policy, the Named Insured agrees that this policy embodies all agreements existing between himself and ADMIRAL or any of its agents relating to this insurance. A - Audit Period: Annual, unless otherwise stated B - Endorsements attached to policy at inception: Notice of Cancellation - non payment of premium -10- C - Limits of Liability Insured's Retained Limit: Item 1. A. $ 100,000 as the result of any one occurrence because of Bodily Injury, Personal Injury or Property Damage or Errors and Omissions or any combination thereof, not exceeding: B. $ 400,000 as the result of one or more occur- rences within the retained limit shorn in Item 1 A, that would have been covered by this policy because of Bodily Injury, Personal Injury or Property Damage or Errors and Omis- sions or any combination thereof occurring in any one annual policy period. This retention is adjust- able at a rate of $ 3.458 per $100 of workers compensation payroll re- ported for the policy period, but in no event shall this retention be less than $ 400,000 Admiral's Limit of Liability: Item 2. $ 300000 as the result of any one occurrence because of Bodily Injury, Personal Injury or Property Damage or Errors and Omissions or any combination thereof. Item 3. $ 300,000 as the result of all occurrences during each policy year, subject to the aggregate limits provisions of the policy. D - Premium Computation: Estimated Workers Compensation Payroll Rate per $100 Payroll $11,567,100 $.818 Total Advance Premium Minim= Premium $94,700 $94,700 l/ Countersigned by < Y. Authorized Agent H $ W PE - 002 - A (5/77) -11- * * *• SURANCE TDORSEMENT ADMIRAL'* COMPANY NO. -- - -- 1 TO POLICY NO - - CM -0402 A TEXAS STOCK COMPANY June 25 1977 (herein called "ADMIRAL ") EFFECTIVE DATE--------------------- f--------_.-- .---- .-- ._ ---------- __---- ___. NAMED Cit .of Newport Beach ' et al INSURED y.-- _........... -- --- - -- --- .... - -- - ---- --` --- --- . ............ . ..---°— ......--- -- -......------- - - - --- NOTICE OF CANCELLATION - NON PAYMENT OF PREMIUM It is agreed that in the event of non - payment of premium, the Company may cancel this policy by sending ten (10) days prior written notice of such cancellation to the Named Insured at the address shown on the Declarations Page. BY; c' Avthoriad RepresenWiw 1G -0012 (5175( U /CJ MILUM /GARVEY Insurance brokers Inc. phone (7141549-9952 3720 CAMPUS DRIVE NEWPORT BEACH, CALIFORNIA 92660 BINDER NO. 903 H & W INSURANCE SERVICES 16255 VENTURA BLVD., SUITE 406 ENCINO, CALIFORNIA 91436 (213 ) 990 -3040 TELEX: 66 -2478 As THIS BINDER SUPERCEDES AND REPLACES BINDER THIS IS A PREMIUM BEARING BINDER -- - - Subject: City of Newport Beach, California 3300 Newport Blvd. Newport Beach, California 92663 'We are pleased to provide the following jbFm/binder) for the captioned. 1. Coverage: Excess Comprehensive General and Auto Liability (per form attached) 2. Company: Admiral Insurance Company (A:Class VIII) 3. Effective Date: 12:01 A.M., June 25, 1977 4. Limits of Liability: $300,000 CSL Each Occurrence /Aggregate (per form attached) excess of Self- Insured Retention (See Item #6 below) 5. Deductible: $ -- per claim including claim expense. $ -- per occurrence. 6. a) Self- Insured Retention: $100,000 b) Annual Aggregate Retained Limit:$400,000 Minimum per occurrence 7. Premium $ 94,700 applying (Plus 3.0% State Tax and 0.2% Stamping Fee) as: ( ) Flat Charge (X) Minimum & Deposit Premium Adj. at rate of: $,818/$100 of W. C. ($11,567,100) S. Primary Carrier(s): N/A 9. Remarks: Copy of the Self Insurance contract and resolution setting up liability loss fund must be furnished H $ W prior to policy issuance. NO FLAT CANCELLATION Premium due and payable within ten (10) days of the effective date of coverage. 10. Commission payable to your office: 7.S% Coverage bound herewith shall be subject to all terms and conditions of the policy to be issued, which, when delivered replaces this notice. This gI/binder expires in Xb&vbWlsixty days. DATE: June 28, 1977/Is H & W INSURANCE SERVICES THANK YOU BY: Charles R. Price 0 0 INSURING AGREEMENT In consideration of the payment of premium, in reliance upon the statements herein or attached hereto, and subject to all of the terms of this policy, the Company(s) agrees with the Named Insured and will indemnify the Insured for ultimate net loss in excess of the retained limit hereinafter stated which the Insured shall become legally 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 le- gally do so, for damages because of: COVERAGE A - BODILY INJURY LIABILITY COVERAGE B - PROPERTY DAMAGE LIABILITY COVERAGE C - ERRORS AND CMISSIONS LIABILITY COVERAGE D - PERSONAL INJURY LIABILITY to which this policy applies, caused by an occurrence, during the policy period. DEFENSE, SETTLEMENT AND SUPPLEMENTARY PAYMENTS The Company(s) shall have the right and opportunity to associate with the Insured in the defense and control of any claim or proceeding arising out of an occurrence reasonably likely to involve the Company(s). In such event, the Insured and the Company(s) shall cooperate fully. Should any occurrence appear likely to exceed the retained limit, no loss expense or legal expenses shall be incurred on behalf of the Company(s) without its prior consent. Such consent shall not be unreasonably withheld. Should any claim arising from such occurrence be adjusted prior to trial court judgment for a total amount not more than the retained limit, then no loss expenses or legal expenses shall be payable by the Company(s). However, should the total amount for which such claim might be adjusted prior to such judgment exceed the retained limit, then, if the Company(s) consents to further trial court proceedings, it shall contribute to legal expenses in the ratio which its proportion of the liability for the judgment rendered, or settlement made, bears the whole amount of said judgment or settlement, however, in no event shall the Insured's participation in such legal expenses exceed the retained limit shown in Item 2A and 2B of the Declarations. -1- RETAINED LIMIT - COMPANY(S)LIMIT OF LIABILITY Regardless of the number of (1) Insureds under this policy, (2) persons or organizations who sustain injury or damage, or (3) claims made or suit brought on account of bodily injury, property damage, errors and omissions or personal injury, the Company(s) liability is limited as follows: A. With respect to bodily injury, or property damage, or errors and omissions, or personal injury or any combination thereof, the Company(s) liability shall be only for the ultimate net loss in excess of the Insured's retained limit as specified in Item 2A of the Limits of Liability section of the Declarations as the result of any one occur- rence, and then for an amount not exceeding the difference between the amount specified in Item IA of the Limits of Liability section of the Declarations as the result of any one occurrence. B. With respect to ultimate net loss in excess of the insured's annual aggregate retained limit as specified in Item 2B of the Limits of Liability section of the Declarations, the Company(s)' liability as the result of all occurrences during each annual policy period, or portion thereof, shall be only for the ultimate net loss in excess of the amount shown in Item 2B but only for occurrences where the ultimate net loss is less than the amount shown in Item 2A, and then only for an amount not exceeding the amount specified in Item 1B of the Limits of Liability section of the Declarations as the result of all occurrences during the policy period. C. There is no limit to the number of occurrences during the policy period for which claims may be made, except that the liability of the Company(s) arising out of either the products hazard or the completed operations hazard, or both combined, or out of errors and omissions, because of all occurrences during each policy year shall not exceed the amount specified in Item lA of the Limit of Liability section of the Declarations. For the purpose of determining the limit of the Company(s) liability, all damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. PERSONS INSURED Each of the following is an Insured to the extent set forth below: 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 or to death of another officer, servant or employee of the Named Insured injured in the course of and arising out of his employment; (2) Any member of boards, governing boards, city councils, or commissions of the Named Insured; -2- 0 E C. Under Coverage A and B, any person while using an owned automobile or hired automobile and any person or organization legally responsible for the use thereof, provided the actual use of the automobile is by or with the permission of the Named Insured. The insurance with respect to any person or organization other than the Named Insured does not apply: (1) To any person or organization, or to any agent or employee thereof, engaged in selling, repairing, servicing, delivering, testing, road testing, parking or storing automobiles, with respect to any occurrence arising out of any such occupation, if there is other valid and collect-- ible insurance available to such person as Named Insured or as an agent or employee of a Named Insured under the policy with limits at least equal to the requirements of the applicable Financial Responsibility Laws; (2) With respect to any hired automobile, to the owner, or a lessee thereof other than the Named Insured, or to any agent or employee of such owner or lessee. EXCLUSIONS This policy does not apply: A. To liability arising out of the ownership, maintenance, loading or unloading, use or operation of any aircraft, airfields, runways, hangars, buildings or other properties in connection with aviation activities. B. To any obligation for which the Insured or any carrier as his insurer may be held liable under any workers' compensation, unemployment compensation or disability benefits law, or under any similar law; C. 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. To injury to or destruction of (1) property owned by the Insured, or (2) pro- perty 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, or (3) air- craft or watercraft in the care, custody or control of any Insured; E. Under Coverage C to (1) liability of the Insured arising in whole, or in part, out of any Insured obtaining remuneration or financial gain to which the Insured was not legally entitled, or (2) liability arising out of the willful violation of a penal code or ordinance committed by or with the knowledge or consent of any Insured; except that any fact pertaining to any one Insured shall not be imputed to any other Insured for the purpose of determining the application of these exclusions; F. Under Coverage C to (1) liability of any Insured arising out of estimates -3- 0 of probable costs or cost estimates being exceeded or for faulty pre- paration of bid specifications or plans, or (2) to injury to, destruction or disappearance of any tangible property (including money) or the loss of use thereof; G. To any liability arising out of or in any way connected with the operation of the principles of eminant domain, condemnation proceedings, or inverse condemnation, by whatever name called, whether such liability accrues directly against the Insured or by virtue of any agreement entered into by or on behalf of the Insured. H. To bodily injury or property damage arising out of the discharge, dispersal release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants into or upon land, the atmosphere or any water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental. I. Nuclear Energy Liability Exclusion This policy does not apply: (1) Under any Liability Coverage, to bodily 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 upont 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 main- tain 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; (2) Under any Medical Payments Coverage, or under any Supplemental Payments 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; (3) Under and Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if: (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 -4- (4) 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 bodily injury or property damage arises out of the furnishings by an Insured of services, materials, parts of equipment in connec- tion 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 property damage to such nuclear facility and any property thereat; As used in this Exclusion: (a) "Hazardous properties" include radioactive, toxic, or explosive properties; (b) "Nuclear material" means source material, special nuclear material or byproduct material; (c) "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; (d) "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; (e) "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 (f), -1- or -2- thereof; (f) "Nuclear Facility" means: -1- any nuclear reactor; -2- any equipment or device designed or used for (i) separating the isotopes of uranium or plutonium, (ii) processing or utilizing spent fuel, or (iii) handling processing, or packaging waste; -3- 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 con- sists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; -4- any structure, basis, excavation, premises or place prepared or used for the storage or disposal of waste; and -5- includes the site on which any of the foregoing is located, all operations conducted on such site, and all premises used for such operation; (g) "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; (h) "Property damage" includes all forms of radioactive contamination of property. -5- DEFINITIONS AUFOMBILE. Except where stated to the contrary, the word "automobile" means a land motor vehicle or trailer as follows: A. Owned Automobile - an automobile owned by the Named Insured; B. 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 (1) the Named Insured or (2) an officer, servant or employee of the Named Insured who is granted an operating allowance of any sort for the use of such automobile; C. 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 of 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 transporta- tion or while being operated solely for locomotion, but not otherwise: If of the non - crawler type, any power crane or shovel, ditch or trench digger; and any air compressing, building or vacuum cleaning spraying or welding equipment or well drilling machinery. USE. Use of an automobile or aircraft includes the loading and unloading thereof. COMPLETED OPERATIONS HAZARD. "Completed operations hazard" means bodily injury and property damage arising out of operations or reliance upon a representa- tion 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 there- with. 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 performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. M L] 0 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 materials, or; C. Operations for which the classification stated in the Company(s) manual specifies "including completed operations ". ERRORS AND OMISSIONS. "Errors and omissions" means misfeasance, malfeasance or nonfeasance by any Insured. INSURED. "Insured" means any person or organization qualifying as an Insured under the Persons or Entities Insured section of this policy. The word "Insured" includes the Named Insured. NAMED INSURED'S PRODUCTS. "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 products" shall not include a vending machine or any property other than such a container, rented to or located for use of others but not sold. OCCURRENCE. As respects COVERAGES A and B, "occurrence" means an accident, or event including continuous or repeated exposure to conditions, which results during the policy term, in bodily injury or property damage neither expected not intended from the standpoint of the Insured; as respect COVERAGE C, "occurrence" means any actual or alleged errors or omissions by an Insured during the policy term, which results in injury or damage neither expected nor intended from the standpoint of the Insured; as respects COVERAGE D, "occurrence" means any injury or damages sustained during the policy term, by any person or organization and arising out of personal injury as defined herein. PERSONAL INJURY. "Personal injury" means (a) false arrest, detention, or imprisonment or malicious prosecution; (b) publication or utterance of a libel or slander or of other defamatory or derogatory material, or a pub- lication or utterance in violation of an individual's right of privacy except when any of the foregoing of this part (b) arises from publications or utter- ances in the course of or related to advertising, broadcasting, or telecasting activities conducted by or on behalf of the Named Insured; (c) wrongful entry or eviction or other invasion of the right of private occupancy; (d) assault and battery, not committed by or at the direction of the Named Insured unless committed for the purpose of protecting persons or property; (e) racial or religious discrimination, not committed by or at the direction of the Named Insured. BODILY INJURY. "Bodily injury" means bodily injury, sickness or disease, including death at any time resulting therefrom and also includes care and loss of services sustained by any person or persons. -7- POLICY TERRITORY. "Policy territory" means anywhere in the world. PRODUCTS HAZARD. "Products hazard" includes bodily injury and property damage arising out of the Named Insured's products or reliance upon a representation of 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 relin- quished to others. PROPERTY DAMAGE. "Property damage" means (1) physical injury to or destruc- tion 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 pro- vided such loss of use is caused by an occurrence during the policy period. ULTIMATE NET LOSS. "Ultimate net loss" means the sum actually paid or pay- able in cash in the settlement or satisfaction of losses for which the Insured is liable either by adjudication or compromise with the written consent of the Company(s) after making proper deduction for all recoveries and salvages collectible, and includes attorney's fees, court costs and interest on any judgment or award, but excludes all loss adjustment expenses and all salaries of employees and office expenses of the Insured, the Gompany(s) or any underlying insurer so incurred. CONDITIONS 1. PREMIUM The premium for this policy is as stated in the policy declarations and is an estimated premium only. Upon expiration, or not later than thirty (30) days after each annual policy period or upon termination of coverage if sooner, the Insured shall report the TOTAL WORKERS' COMPENSATION PAYROLL recorded during the policy period and pay, the premium earned thereon at the premium rate prevailing during that period. The advance premium shall then be returned to the Insured less any earned premium due to the Company(s). Such return premium shall be subject to the minimum premium as stated in the declarations. 2. INSPECTION AND AUDIT The Company(s) 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 hereon shall constitute an undertaking, on behalf of or for the benefits of the Insured or others, to determine or warrant that such property or operations are safe or health- ful, or are in compiance with any law, rule or regulations. The Company(s) may examine and audit the 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. SEVERABILITY OF INTEREST. 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. No 0 0 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 infor- mation 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(s) 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 immediately forward to the Company(s) every demand, notice, summons or other process received by him or his representative. (c) The Insured shall cooperate with the Company(s) and, upon the Company(s) request, assist in making settlements, in the conduct of suits and in enforc- ing 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; however, in the event that the amount of ultimate net loss becomes certain either through trail court judgment or agreement among the Insured, the claim- ant and the Company(s), then the Insured may pay the amount of ultimate net loss to the claimant to effect settlement and, upon submission of due proof thereof, the Company(s) shall indemnify the Insured for that part of such payment which is in excess of the retained limit, or, the Company(s) will, upon request of the Insured, make such payment to the claimant on behalf of the Insured. MA In the event the Insured or the Insured's underlying insurer elects not to appeal a judgment in excess of the retained limit, the Company(s) may elect to do so at its own expense, and shall be liable for the taxable costs, disbursements and interest incidental thereto, but in no event shall the liability of the Company(s) for ultimate net loss exceed the amount specified in the Limit of Liability section of the declarations plus the taxable costs, disbursements and interest incidental to such appeal. ACTION AGAINST THE COWANY(S) No action shall lie against the Company(s) 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 an amount of ultimate net loss in excess of the retained limit shall have been finally determined either by judment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company(s). The Insured shall make a definite claim for any loss in which the Company(s) may be liable within a reasonable time after such final determination. If any subsequent payments are made by the Insured on account of the same occurrence, the Insured shall make additional claims from time to time and these claims shall be payable within thirty (30) days after proof in con- formity with this policy. Any person or organization or the legal �E 0 representative thereof who has secured such judgment or written agreement shall thereafter by entitled to recover under this policy to the extent of the insurance afforded by this policy. Nothing contained in this policy shall give any person or organization any right to join the Company(s) as a co- defendant in any action of bankruptcy, or the insolvency of the Insured shall not relieve the Company(s) of any of its obligations hereunder. 7. OTHER INSURANCE If collectible insurance with any insurer is available to the Insured covering a loss also covered hereunder, the insurance hereunder shall be in excess of, and not contribute with, such other insurance provided, however, this does not apply to insurance which is written as excess insurance over the Company(s)'s limit of liability provided in this policy. When both this insurance and other insurance apply to the loss on the same basis, whether primary, excess or contingent, the Company(s) 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 collect- ible insurance provides for contribution by equal shares, the Company(s) 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 pro- vide for contribution by equal shares the Company(s) shall not be liable for 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. 8. SUBROGATION The Company(s) shall be subrogated to the extent of any payment hereunder to all the Insured's rights of recovery therefor; and the Insured shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows: Any interest (including the Insured's) having paid an amount in excess of the retained limit plus the limit of liability hereunder shall be reimbursed first to the extent of actual payment. The Company(s) shall be reimbursed next to the extent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to reimburse the Insured or any underlying insurer, as their interest may appear. The expenses of all such recovery pro- ceedings shall be apportioned in the ratio of respective recoveries. If there is no recovery in proceedings conducted solely by the Company(s), it shall bear the expenses thereof. -10- 9. 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(s) 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. 10. ASSIGVENT Assignment of interest under this policy shall not bind the Company(s) until its consent is endorsed hereon; if, however, the Named Insured shall be adjudged bankrupt or insolvent, such insurance as is afforded by this policy shall apply (a) to the Named Insured's legal representative, as the Named Insured, but only while acting within the scope of his duties as such, and (b) 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. 11. THREE YEAR POLICY If this policy is issued for a period of three years, the limits of the Company(s) liability shall apply separately to each consecutive annual period thereof. 12. CANCELLATION This policy may be cancelled by the Named Insured by surrender thereof to the Company(s) or any of its authorized agents or by mailing the Company(s) written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the Company(s) by mailing to the Named Insured, at the address shown in this policy, written notice stating when not less than thirty (30) 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 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 by the Company(s) 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(s) cancels, earned premium shall be computed pro rata. When this policy insures more than one Named Insured, cancellation may be effected by the first named of such Named Insureds for the account of all Named Insureds. Notice of cancellation by the Company(s) to the first named Named Insured shall be deemed notice to all Named Insureds and payment of any unearned premium to such first named Named Insured shall be for the account of all Named Insureds. Premiums adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender or unearned premium is not a condition of cancellation. -11- • In the event of cancellation by the company of this policy prior to expira- tion, it is agreed that the Insured's annual retained limit as shown on Item 2B. of the declarations shall be pro rated for the period of time coverage was actually in force hereunder. In the event of cancellation by the Named Insured the Insured's retained limit shall be 1000 of the amount shown in Itme 2B. of the declarations, not subject to pro rata or short rate adjustment. 12. ACCEPTANCE By acceptance of this policy, the Named Insured agrees that this policy embodies all agreements existing between himself and the Company(s) or any of its agents relating to this insurance. A. Audit Period: .annual, unless otherwise stated R. Endorsements attached to policy at inception: C. Limit(s) of Liablity: The Company(s) Limit of Liability: Item LA. 5 _less the applicable Insured's Retained LiT,.ut as specified in Item 2A arising out of any one occur- rence because of Bodily Injury, Personal Injury, Property Damage or Errors and Omissions or any combination thereof, 1B. $ as the result of all occurrences during each annual policy period, or portion thereof, excess of the annual aggregate retained limit shown in Item 2B but only for occurrences where the ultimate net loss is less than the amount shown in Item 2A. Insured's Retained Limit: Item 2A. $ as the result of any one occurrence because of Bodily Injury or Property Damage or Errors and Omissions or any combination thereof, not exceeding: 2B $ as the result of one or more occurrences within the retained limit shown in Item 2A, that would have been covered by this policy because of Bodily Injury, Personal Injury or Property Damage or Errors and Omissions or any combination thereof occurring in any one annual policy period. This retention is adjustable at a rate of $ PER $100 of workers compensation payroll reported for the policy period, but in no event shall this retention be less than $ -12- D 0 Premium Computation: Estimated Workers Compensation Payroll Total Advance Premium 16 Rate per $100 Payroll hinimum Premium Countersigned by Authorized Agent H $ W PE - 002 - B (6/77) -13- i • RESOLUTION NO. 9147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR COMPREHENSIVE PUBLIC LIABILITY INSURANCE COVERAGE TO ADMIRAL INSURANCE COMPANY, MIDLAND INSURANCE COMPANY, AND PURITAN INSURANCE COMPANY, APPROPRIATING $100,000.00 TO THE NON - DEPARTMENTAL GENERAL INSURANCE ACCOUNT AND RESCINDING RESOLUTION NO. 8854 WHEREAS, the City of Newport Beach has sought proposals for the provision of comprehensive public liability insurance, including general liability, automobile liability, paramedic coverage, broadened city coverage among the coverages provided; and WHEREAS, the City has received two proposals for the provision of said comprehensive public liability insurance coverage; and WHEREAS, the City Council finds and determines that it is in the best interest of the City to award the City's comprehensive public liability insurance policy to the Admiral Insurance Company, which insurance coverage contains a $100,000.00 self insured retention with a maximum annual stop loss self insured retention of $400,000.00, for the annual policy period, to Midland Insurance Company for excess coverage between $400,000.00 and $1.1 million, and to Puritan Insurance Company for excess coverage between $1.1 million and $5.1 million; and WHEREAS, the cost of the combined programs for Admiral Insurance Company, Midland Insurance Company, and Puritan Insurance Company is in line with other insurance available to the City on the insurance market, and the entering into the proposed contract is fair and equitable; and WHEREAS, the Admiral Insurance Company has required the City to set aside $100,000.00 in a separate account, ear 0 0 marked for the payment of claims; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby accepts the proposal to provide comprehensive public liability insurance coverage from Admiral Insurance Company, Midland Insurance Company and Puritan Insurance Company, for a one year period commencing June 25, 1977 and continuing through June 24, 1978. BE IT FURTHER RESOLVED that $100,000.00 is hereby appropriated to the general insurance account to be used solely for the payment of claims, payment of adjusting and legal fees in connection with claims and related costs in conjunction with claims against the City of Newport Beach. BE IT FURTHER RESOLVED that Resolution No. 8854 is hereby rescinded. ATTEST: City Clerk ADOPTED this 11th day of July , 1977 -2- HRC.:yz 7/12/77