HomeMy WebLinkAboutC-1952 - Excess coverage (comprehensive liability insurance) $400,000 - $1millionPOLICY XL i° 1, j 1(� • EXCESS LIABILITY POLICY
Renewal of XL 149323
onMIDLAND .INSURANCE COMPANY
One State Street Plaza. New York, New York 10004
DECLARATIONS
Item 1. Name Insured and Address: (No., Street, Town, County, State)
City of Newport Beach
3300 Newport Beach Blvd.
Newport Beach, CA 92663
Item 2. Poliyy Perl'od:
From 6/25/77 to 6/25/78
12:01 A. M., standard time at the address of the named insured as stated herein.
Ram 7. Underlying Insurance:
Admiral Ins. Co
Policy #7CW402
6/25/77 -78
—'l
TOCK COMPANY
Comprehensive General Liability including Automobile Liability
$300,000 CSL each occurrence /aggregate as applicable excess
$100,000 SIR
Item 4. Limit(s) of Coverage $700,000 CSL each occurrence /aggregate as applicable excess
Hereunder:
$300,000 CSL each occurrence /aggregate as applicable excess
$100,000 SIR
Item 5. Pren-Turn: $85,000,00 Flat Charge
Nam B. Cancellation: Thirty Days (30):+x+
Date: 11/18/77 By Authorized Representative
Form No. UND -202 (8/76) 41VI
\ALUM /GARVEY
Insurance, brokers inc. phone (7141549-9952
3720 CAMPUS DRIVE
NEWPORT BEACH. CALIFORNIA 92660
Comprehensive General Liability including Automobile Liability
$300,000 CSL each occurrence /aggregate as applicable excess
$100,000 SIR
Item 4. Limit(s) of Coverage $700,000 CSL each occurrence /aggregate as applicable excess
Hereunder:
$300,000 CSL each occurrence /aggregate as applicable excess
$100,000 SIR
Item 5. Pren-Turn: $85,000,00 Flat Charge
Nam B. Cancellation: Thirty Days (30):+x+
Date: 11/18/77 By Authorized Representative
Form No. UND -202 (8/76) 41VI
MIDLAND INSURANCE COMPANY
(A stock insurance company, herein called the company)
In cdnsideration 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. - . Company hereby indemnifies the Insured against ulimate net toss in excess of and arising out of the hazards covered and
ds defir:ew i:::d in excess of the undrriying urn_an.ce rs shown in Item ? of the Declarations (hereinafter referred to as "underlying
insurarc_'• ' =.ut only up to an :nvtnn[ not exceedm„ :.._ lunit(si shown in item 4 0l the l3td;..r2c-1 .
Except as may be rncensistent wit:; this Pof:cy, the coverage provided by this k'oiicy ai :all ioEiiw the insuring agreements,
,tie find e s ..,...,, :.
cunditicrs and exclusions .'f ...r.e;;ving mfurar.ce ,whether pnmary or exe,'s, l:r ° - ° ^• �• '`• laver of coverage
provided by this Policy, incicdir.g as, change b', c.it o. :cements. the Company shall he ratified of LMV Change m co;cagc et- premium
in such underlying insurance and copies thereu: xt:ail be furnished to ti.e Company upon; request.
3. The limits of the underlying insurance shall be maintained in full effect during the cu:n:ncv of this Policy except for
reduction of such limits by exhaustion of aggregate '.imits (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 spon 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 stared 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. If 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 ielieve 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 ail 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 at- any accident or occurrence falling within the
terms of this Policy shall not attach until the amount-of the applicable underlying iim;t has been paid by or on behalf •ol the Insured
on account of such accident or occurrence. The Insured small maize claim for any ultimate nor loss and cost, under this R>licy within a
period of not exceeding twelve (12) months alter. (a) the Irnurod shall have [raid oi!timab; nor oss it, excess of ine unuerlying iiniit.
with respect to any accident or occurrence, or (b) the lnsurod'; obligation to nay such .onc.unt, ,hall have pally dcter;nined.
either by judgment against the Insured ait:r actual irial or try ••yr. :rcn agreement -_t :':e f !, :cod.. :;r cla!ntn:u anal .iii: co rnpary.
i2. :'dl iosacs ;:000rred by this Puny': ,moil ee dt.e and pa } ;hie by 010 h •;•.panf ',,.;thin cvrty i3o, d..,; after cia.!n tics been
presented and proper proof of payment of ultimate net Toss anal c•.,sts has been sub:n;taed, ail in accordance •rn :h .i:d renns ui;uVe.
. ENDORSEMENT •
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 all assureds
arising out of or in any way connected with the operation of the principles
of eminent domain, condemnation proceedings, or inverse condemnation by
whatever name called regardless of whether such claims are made directly
against the assured or by virtus 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) The breakage and /or water overflow of any dam.
5) any claim based upon the Employee Retirement Income Security Act of 1974
Public Law 93 -406, commonly referred to as the Pension Reform Act of 1974
and amendments thereto;
6) the discrimination in hiring practices as a result of race, religion or sex and
and /or any form of discrimination specified in any Federal or State Civil
Rights Law,
7) the maintenance, operation, use or loading or unloading of any bus or mini
bus;
Effective "25/77 12:01 AM Standard Tine, this Endorsement No. 1
attached to and made a part of Policy No. XL- 1591D6 of MIDLAND INSURANCE COMPANY
issued to City of Newport Beach
(The information above is iequiied 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.
r
FORM ONO 262 (6 /77) 10M
. ...........,!'......�� ......... ...........................
M.S. Chenault, Resident
11/18/77 ak
• ENDORSEMENT •
8) to punitive or exemplary damages,fines or penalties, except that if a suit
shall have been brought against the Insured for a claim falling within the
coverage hereof, seeking both compensatory and punitive or exemplary damages,
fines or penalties, then the Company will afford a defense to damages, fines
or penalties;
9) to injury, sickness, disease, death or destruction due to the rendering of
or failure to render any professional service by any doctor, surgeon, dentist,
hospital or clinic,
Effective — 6/25/77 12:01 AM Standard Time, this Endorsement No. 1 page 2
attached to and made a part of Poh ,No crL_1eac76 of MIDLAND INSURANCE COMPANY
issued to C y w
(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.
......................:........ ....... /....................
IjUffy, Secretary
a
FORM JIND 262 (6/77) 10M
...........rte ........
M.S. Chenault, President
11/18/77 ak
LtLT?MATE NET LOSS AND COSTS
13. Ultimate net loss, as used herein, shzii.be .n__rstoo_ to rnea.. he sus :s 3z :d ch :. _- sated is
liable after making deductions_ for all ecove-res salvages and other insurances to --tan ; - -ne 12 � _ a .
p0iicies of co- insurance, or policies sp_cifrcaliy in excess e-ea, whether recoverable or not, an0 shall e,,..,___ alr `_-s-s °.
'4. The word costs" as used he_ein, shall be .., >:nJd to mean in.e. -est On _ _�s; Inv ° ;tiga'ii ^. :' eiust .Men znc !__
expenses inciudine -axed court. coss'ls and ate- ,.t..s o. �O i_„ : Vvnicn the insu..._ .. :..., .. _< Oy ..._ � n� ....mince
(excluding, howave.. (a ) ail expenses :or salaried cr. zs ads:.i or gene= 4_ 0- - ce s ase� : ` >U aP_
(c) regular fees naid to counsel on general retainer.
15. Costs incurred by the `_ nsured, with the writtcri co seat of the Cca_ any_ sr`ail be a_po-tiOncd zs -s o�io'a•s:
at in the event of aim or suit arising whic_. Eppea -s iikei, - the �unde-_.'mg - nsuranc..i : - :: or iim:_s, Costs sitz_.
be incurred by the insured without the v,,;itten consent o= the Co nlpznv
(b) should such claim. or suit be settled previous to going into court fur not more than :he lnsurance lsait or
limits, then no Costs shall be payable by the Company.
(c) should, however. .the sus, for ;...,ch the said claim. Ors_.? m2y be ...,..___ n !.ance
ME or a:i�
then the Company, tf it approves such settlement or conscints to ate o_,.edings continuing, s oat ib t_ .O he COSts
incurred by the insured in the ratio that its proportion of the ultimate n_. toss as 5n0y adjusted bears to the whole
amount of such ultimate net less.
(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 shalt be liable for the t xabie court costs and
interest incidental thereto, but in no event shall the total liability of- :e Company exceed its limit or limits of liability as
stated above, plus ?he costs of such appeal.
(e) in the event a judgment v rendered in excess of the underlying insurance iirit or limits and tit- underlying insurer or
insurers elect to appeal such judgment, the duty of obtaining an appeal bond in -ega-d to :.a'pility 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 t0 a se ;dement under "his eplicy shall be applied as if
recovered or received prior to such settlement and all necessary adjustments shall then be made between the Ensured 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, it) 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; 'early "he parties (inciuding the insured) of whom
this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of anv such amounts shall be
apportioned between the parties (including the insured'. concerned, in the ratio of heir respective recoveries as finally settled..
I8. Nothing herein contained shall be construed to mean that the lnsured shatl . be required Io enforce by legal action any right of
subrogation or indemnity before the Company shall pay any ioss covered hereunder.
TERM
19. This Policy applies only to accidents or occurrences happening between he effective and expiration dares shown in Item 2 of
the Declarations, unless otherwise canceiled.
NUCLEAR INCIDENT EXCLUSION
20. It is agreed that this 'Oiicy does not apply:
1. Under any Liability Coverage, to injury, sickness, dscase, death or destruction
(a) with respect to which an insured under .his Policy is also an insured under a nuciear energy lizbdity policy issued by
Nuclear Energy Liability 1p.surance Association, Mutual .atomic Energy Liability Underwrit "rs 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 liabilty; or
(b) resulting from the hazardous properties of nuclear material and with respect :o which (i) any person or organization
is required fO maintain financial protection pursuant to the Atomic Energy Act of 7954, or any law amendatory
thereof, or (2) the insured is, or had his pOiicy not beer. issued would be, entitled to indemnity from tire 'United
States of America, or any agency thereof, under any agreement entered into by the Unitee Sates of America, or any
agency thereof, with any person or o :-ganizaiion.
I1. Under any Medical Pzymc-rrs Coverzge, or under, my SuPplen :ep?ary Pz mens Provisions reiatiag t0 immedia ?e medical
or surgical relief, to e ; :ac -nses incurred with respect to bodi'y i ;u-•.:, sickness, disease or death resulting from hazardous
properties or nuciear material and arising oat of the Opera :lon Of E nuciez: - faciihy by Z -y person or orlaniza_ion.
III. Under any Liabdity Cover =,e, to injury, sickness, disease, death or d_.,,riz_.,on resulting fro,, —:. the :-tazaydOCs prone- tics 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 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.
1(,4 E Secretary
President
CAM
T ITY MANAGERS INTONATIONAL, INC.
, treet, New York, NY 10038 • Telepho (212) 825 -0200 1 Telex 12 -8216
CONFIRMATION OF INSURANCE
MILUIM GARVEY
._. In ranco broken inc. :' ' . _
4AflF CAYtFUS ORI`JE *E40frt BEACH, CALIFORNIA 92660
Trans. 18 -7 -002
POLICY NO. XL 159106
June 27, 1977
(date)
We confirm that acting upon your instructions and for your account wehave procured insurance, subject to all
of the terms and conditions hereinafter stated, from the Insurer(s) listed below, as follows:
INSURED: CITY OF NEWPORT BEACH
P.O. ADDRESS 3300 Newport Blvd,
Newport Beach, Ca. 92663
COVERAGE: Excess Comprehensive General Liability Incl. Automobile Liab.
LIMIT OR AMOUNT: $700,000 CSL ea. occ. /agg, as applic, excess $300,000 CSL ea, occ. /agg, as
applic, excess $100,000 SIR.
TERMS AND CONDITIONS:
Excludes malpractice for doctors, dentists, surgeons, hospitals or clinics, inverse
PREMIUM: condemnation, dams, municipal bus —mini lines, failure to supply water, discrimination
in hiring practices, ERISA, & Punitive Damages.
$85,000.00 flat charge..
INSURER(S) :.`.yt-: ?.
Midland Insurance Co.
EFFECTIVE DATE: 6 -25 -77/78 "` " J17
CANCELLATION: This insurance may be cancelled on 10 days notice by eitherthe Insured or the
Insurer(s) through us. The written Notice of Cancellation shall be deemed given by the Insurer(s) when
given by us to the Insured or its representative and shall be deemed given to Insurer(s) when given to us
by the Insured or its representative. In the event of cancellation of this insurance, the Insurer(s) shall
be entitled to the premium earnedor a short rate basis if cancelled by the Insured and a pro rata basis if
cancelled by the Insurer(s) . In the event of non - pyament of premium the Cancellation Notice is amended
to ten (10) days.
This insurance is subject to all the terms and conditions of the Cover Note, Certificate of Insurance and /or
Policy, which may be issued. This confirmation shall be automatically terminated and voided by the delivery
of the Cover Note, Certificate of Insurance or Policy to the Insured or its representative.
CAPACITY MANAGERS INTERNATIONAL INSURANCE AGENC/ ,tnc. J. / /i/�
Bf
0
-�_ RESOLUTION NO. 9147
By 'n,ai`1
CITY 1i'F aT a :ti
+!?Mpp,T B /;,Ci 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-
Mayor
HRC:yz
7/12/77