HomeMy WebLinkAboutC-1953 - Excess coverage (comprehensive liability insurance) $1.1 million - $5.1 million7 A STOCK COMPANY '
The MANHATTAN
Fire and. Marine Insurance Company
NEW YORK, NEW YORK 10017
ADMINISTRATIVE OFFICE:
1515 Summer Street Stamford, Connecticut 06905
UMBRELLA LIABILITY POLICY
'I
The MANHATTAN
Fire and Marine Insurance Company
NEW YORK, NEW YORK 10017 '!
PLEASE READ YOUR POLICY
ML302 (3.76) Printed in U.S.A.
UMBRELLA LIABILITY INSURANCE
Named Assured: As stated in Item 1 of the Declarations formidg a part hereof and /or
subsidiary, associated, affiliated companies or owned and controlled companies, as now
or hereafter constituted and of which prompt notice has been given to the Company
(hereinafter called the "Named Assured ").
INSURING AGREEMENTS
I. COVERAGE —
The Company hereby agrees, subject to the limitations, terms and conditions herein-
after mentioned, to indemnify the Assured for all sums which the Assured shall be
obligated to pay by reason of the liability
(a) Imposed upon the Assured by law,
or (b) assumed under contract or agreement by the Named Assured and /or any
officer, director, stockholder, partner or employee of the Named Assured, while acting
in his capacity as such,
for damages on account of:-
(i) Personal Injuries
(ii) Property Damage
(iii) Advertising liability,
caused by or arising out of each occurrence happening anywhere in the world.
11. LIMIT OF LIABILITY —
The Company hereon shall only be liable for the ultimate net loss the excess of either
(a) the limits of the underlying insurances as set out in the attached schedule in
respect of each occurrence covered by said underlying insurances,
or (b) the amount as set out in Item 2(c) of the Declarations ultimate net loss in
respect of each occurrence not covered by said underlying insurances,
(hereinafter called the "underlying limits ");
and then only up to a further sum as stated in Item 2 (a) of the Declarations in all in
respect of each occurrence — subject to a limit as stated in Item 2 (b) of the Declarations
in the aggregate for each annual period during the currency of this Policy, separately in
respect of Products Liability and in respect of Personal Injury (fatal or non - fatal) by
Occupational Disease sustained by any employees of the Assured.
In the event of reduction or exhaustion of the aggregate limits of liability under said
underlying insurance by reason of losses paid thereunder, this policy subject to all the
terms, conditions and definitions hereof shall
(1) in the event of reduction pay the excess of the reduced underlying limit
(2) in the event of exhaustion continue in force as underlying insurance.
The inclusion or addition hereunder of more than one Assured shall not operate to
increase the Company's limits of liability beyond those set forth in the Declarations.
THIS POLICY IS SUBJECT TO THE FOLLOWING DEFINITIONS:
1. ASSURED —
The unqualified word "Assured" wherever used in this policy includes:
(a) the Named Assured, and, if the Named Assured is designated in Item 1 of the
Declarations as a partnership or joint venture, the partnership or joint venture
so designated and any partner or member thereof but only with respect to his
liability as such;
(b) any officer, director, stockholder, partner or employee of the Named Assured,
while acting in his capacity as such, and any organization or proprietor with
respect to real estate management for the Named Assured;
(c) any person, organization, trustee or estate to whom the Named Assured is
obligated by virtue of a written contract or agreement to provide insurance
such as is afforded by this policy, but only to the extent of such obligation and
in respect of operations by or on behalf of the Named Assured or of facilities
of the Named Assured or of facilities used by the named Assured;
(d) any additional assured (not being the Named Assured under this policy)
included in the Underlying Insurances, subject to the provisions in Condition B;
but not for broader coverage than is available to such additional Assured under
any underlying insurances as set out in attached schedule;
(e) with respect to any automobile owned by the Named Assured or hired for use
in behalf of the Named Assured, or to any aircraft owned by or hired for use
in behalf of the Named Assured, any person while using such automobile or
aircraft and any person or organization legally responsible for the use thereof,
provided the actual use of the automobile or aircraft is with the permission of
the Named Assured. The insurance extended by this sub - division (e), with
respect to any person or organization other than the Named Assured shall not
apply-
. 1. to any person or organization, or to any agent or employee thereof, operating
an automobile repair shop, public garage, sales agency, service station, or
public parking place, with respect to any occurrence arising out of the opera-
tion thereof;
2. to any manufacturer of aircraft, aircraft engines, or aviation accessories, or
any aviation sales or service or repair organization or airport or hangar
operator or their respective employees or agents with respect to any oc-
currence arising out of any of the aforementioned;
3. with respect to any hired automobile or aircraft, to the owner thereof or any
employee of such owner. This sub - division (e) shall not apply if it restricts
the insurance granted under sub - division (d) above.
4. with. respect to any non -owned automobile to any officer, director, stock -
holder, partner or employee of the Named Assured if such automobile is
owned in full or in part by him or a member of ousehold.
(2)
2. PERSONAL INJURIES—
The term "Personal Injuries" wherever used herein means bodily injury (including
death at any time resulting therefrom), mental injury, mental anguish, shock, sickness,
disease, disability, false arrest, false imprisonment, wrongful eviction, detention,
malicious prosecution, discrimination, humiliation; also libel, slander or defamation of
character or invasion of rights of privacy, except that which arises out of any Advertising
activities.
3. PROPERTY DAMAGE —
The term "Property Damage" wherever used herein shall mean (1) physical injury to
or destruction 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 provided such loss of use is caused
by an occurrence during the policy period.
4. ADVERTISING LIABILITY —
The term "Advertising Liability" wherever used herein shall mean:
(1) Libel, slander or defamation;
(2) Any infringement of copyright or of title or of slogan;
(3) Piracy or unfair competition or idea misappropriation under an implied
contract;
(4) Any invasion of right of privacy;
committed or alleged to have been committed in any advertisement, publicity article,
broadcast or telecast and arising out of the Named Assured's advertising activities.
5. OCCURRENCE —
The term "Occurrence" wherever used herein shall mean an accident or a happening
or event or a continuous or repeated exposure to conditions which unexpectedly and
unintentionally results in personal injury, property damage or advertising liability during
the policy period. All such exposure to substantially the same general conditions existing
at or emanating from one premises location shall be deemed one occurrence.
6. DAMAGES —
The term "Damages" includes damages for death and for care and loss of services
resulting from personal injury.
1. ULTIMATE NET LOSS —
The term "Ultimate Net Loss" shall mean the total sum which the Assured, or his
Underlying Insurers as scheduled, or both, become obligated to pay by reason of personal
injuries, property damage or advertising liability claims, either through adjudication or
compromise, and shall also include hospital, medical and funeral charges and all sums
paid as salaries, wages, compensation, fees, charges and law costs, premiums on attach-
ment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigators
and other persons, and for litigation, settlement, adjustment and investigation of claims
and suits which are paid as a consequence of any occurrence covered hereunder, ex-
cluding only the salaries of the Assured's or of any underlying insurer's permanent
employees.
The Company shall not be liable for expenses as aforesaid when such expenses are
included in other valid and collectible insurance.
8. AUTOMOBILE —
The term "Automobile ", wherever used herein, shall mean a land motor vehicle,
trailer or semi - trailer.
9. AIRCRAFT —
The term "Aircraft ", wherever used herein, shall mean any heavier than air or lighter
than air aircraft designed to transport persons or property.
30. PRODUCTS LIABILITY—
The term "Products Liability" includes the "Products Hazard" and "Completed
Operations Hazard" defined as follows:
(1) "Products Hazard" includes bodily injury and property damage arising out of
the Named Assured's products or reliance upon a representation or 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 Assured,
and after physical possession of such products has been relinquished to others.
"Named Assured's Products" means goods or products manufactured, sold,
handled or distributed by the Named Assured or by others trading under his
name, including any container thereof (other than a vehicle), but "Named
Assured's Products" shall not include a vending machine or any other property
other than such container, rented to or located for use of others but not sold.
(2) "Completed Operations Hazard" includes bodily injury and property damage
arising out of operations or reliance upon a representation 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 Assured. "Opera-
tions" include materials, partsor equipment furnished in connection therewith.
Operations shall be deemed completed at the earliest of the following times:
(a) when all operationsto be performed by or on behalf of the Named Assured
under the contr 3ve been completed,
RELLA LIABILITY POLICY DECLARATION
Polioy Number UL 67 05 2 The MANHATTAN A STOCK COMPANY
Fire and Marine Insurance Company
NEW YORK, NEW YORK 10017
ADMINISTRATIVE OFFICE
1515 Summer Street Stamford, C.rmecticut 06905
ITEM 1. (a) Named Assured: CITY OF NEWPORT BEACH
(b) Address of Named Assured: 3300 NEWPORT BLVD.
NEWPORT BEACH, CALIF. 92663
ITEM 2. Limit of Liability —as Insuring Agreement II
(a) Limit in all in respect of each occurrence $ 4, 000, 000.00
(b) Limit in the aggregate for each annual period where applicable $ 4, 000, 000.00
(c) Deductible amount $ 10, 000.00
ITEM 3. Policy Period: BEGINNING AT 12:01 A. M. ON THE 25TH DAY OF JUNE, 1977 AND
ENDING AT 12:01 A. M. ON THE 25TH DAY OF JUNE, 1978.
ITEM 4. Notice of Occurrence (Condition G)to: BACCALA & SHOOP INSURANCE SERVICES,TWO CENTURY PLAZA, STE.2100
2049 CENTURY PARK EAST, LOS ANGELES, CALIFORNIA 90067
ITEM 5. Currency (Condition Q): United States Currency ANNUAL PREMIUM: $65, 000.00 MINIMUM & DEPOSIT
ITEM 6. Payment of Premium (Condition Q)to:BACCALA & SHOOP INSURANCE SERVICES,TWO CENTURY PLAZA, STE. 2100
2049 CENTURY PARK EAST, LOS ANGELES, CALIF. 90067
SCHEDULE OF UNDERLYING INSURANCES
CARRIER TYPE OF POLICY LIMITS OF LIABILITY
Comprehensive General Bodily Injury Liability
SEE ENDORSEMENT NO. 1 Liability:
$ each person
$ each occurrence
$ aggregate
Property Damage Liability
$ each occurrence
$ aggregate
SEE ENDORSEMENT NO. 1 Automobile Liability: Bodily Injury Liability
$ each person
$ each occurrence
Property Damage Liability
$ each occurrence
Employers' Liability: $ one accident
Primary coverage provides:
Yes No Yes No
Products /Completed Operations a ❑ Fire Legal Liability [�
Comprehensive Personal Liability ❑ 12 Blanket Contractual ® ❑
Broad Form P.D.(Lloyds) ❑ ® "xcu" Hazards [`� ❑
(Bureau) ® ❑ Errors & Omissions /Malpractice Fid L-1
Personal Injury ® ❑ Watercraft Liability Cl N
Said insurance is made and accepted subject to the foregoing stipulations and conditions, and to the stipulations and conditions printed on pages 2, 3 & 4 of this policy,
which are hereby made a part of said insurance, together with such other provisions, stipulations and conditions as may be endorsed on said Policy or added thereto as
therein provided.
ve
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DATED AT: V Secretary President
LOS ANGELES, CALIFORNIA
This 14TH day of JULY 19 77
B "& S,,MP, INSU CE SERVICES
(1)
ML -102 13-76)
Pan Insurance Company
570 Lexington Avenue
New York, Vew York 10022
CHANGE OF NAME ENDORSEMENT
Wherever in.the said policy or bond the name The Manhattan Fire and
Marine Insurance Company is used, the name Puritan Insurance Company.is
hereby substituted.
In Witness Whereof, the Puritan Insurance Company has, by its
President, executed this Change of Name Supplement as of the 1st. day of
October, 1976.
Attest: By: Ai..- doe c
Secretary President
Formerly The Manhattan Fire and-Marine Insurance Company
OR -850 (10176)
AMENDATORY ENDORSEMENT
It is understood and agreed that Endorsement No. 2 is hereby
deleted from the policy in its entirety and replaced with the
following:
AMENDATORY ENDORSEMENT - MUNICIPALITIES
A. It is 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, hangers, buildings or other properties in connection
with aviation activities or airports;
3) (a) any claims for loss or damage or any liability of any and
all assureds arising out of or in any way connected with the
operation of the principles of eminent domain, condemnation
proceedings, or inverse condemnation by whatever name called
regardless of whether such claims are made directly aganist
the assured or by virtue of any agreement entered into by or
on behalf of the assured.
(b) with respect to any provision in this policy concerning
any duty of underwriters to investigate or defend claims such:.
provisions shall not apply to claims excluded by paragraph (a)
above.
B. It is further agreed that this policy shall not apply to any liability
for items enumerated below unless such liability is covered by valid
and collectible underlying insurance as described in the schedule
of underlying insurance, and then only for such hazards for which
coverage is afforded under said underlying insurance:
1) property damage to property (a) owned or occupied by or
rented to the insured (b) used by the insured, or (c) in
the care, custody or control of the insured or as to which
the insured is for any purpose exercising physical control;
(CONTINUED)
THE EFFECTIVE DATE OF THIS ENDOSEMENT IS JULY 1, 1977 AT
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT IS ATTACHED TO AND MADE APART OF POLICY NO. UL 67 -05-28
ISSUED To: CITY OF NEWPORT BEACH
BROKER/AGENT: H & W INSURANCE SERVICES
ADDRESS: 16255 VENTURA BLVD.
ENCINO, CALIFORNIA 91436
DATE OF ISSUE: 7/27/77 BY cq END. NO. 10
LOS ANGELES, CALIFORNIA
01 r/
BACCALA & SHOOP INSURANCE SERVICES
UMBRELLA LIABILITY
2) property damage arising out of (a) the explosion
hazard (b) the collapse hazard, or (c) the under-
ground property damage hazard as defined in the
underlying insurance policies;
3) personal injury arising out of (a) false arrest,
false imprisonment, wrongful eviction, wrongful
entry, wrongful detention or malicious prosecution,
or (b) libel, slander, defamation of characted, humili-
ation, or invasion of the right of privacy;
4) any riot, riot attending a strike, civil commotion,
civil disturbance, protest or demonstration or out
of any act or condition incident to the prevention or
suppression of any of the foregoing.
THE EFFECTIVE DATE OF THIS ENDOSEMENT IS JULY 1, 1977
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT IS ATTACHED TO AND MADE APART OFPOLICY NO
ISSUED To: CITY OF NEWPORT BEACH
H & W INSURANCE SERVICES
BROKER/AGENT: 16255 VENTURA BLVD.
ENCINO, CALIF. 91436
ADDRESS:
AT LOS ANGELES, CALIFORNIA
UL 67 -05 -28
tft
DATE OF ISSUE: 7/27/77 By cq ENo. No. 10 BACCALA & SHOOP INSURANCE SERVICES
UMBRELLA LIABILITY
PREMIUM PAYMENT ENDORSEMENT
IT IS UNDERSTOOD AND AGREED THAT THE DEPOSIT PREMIUM FOR
COVERAGE AFFORDED HEREUNDER IS $65,000.00.
IT IS FURTHER UNDERSTOOD AND AGREED THAT THIS POLICY SHALL
BE ADJUSTABLE AT EXPIRATION AT A RATE OF $.5619 PER $100.00
OF WORKERS COMPENSATION PAYROLL, SUBJECT TO A MINIMUM PREMIUM
OF $65,000.00.
THE EFFECTIVE DATE OF THIS ENDOSEMENT IS JUNE 25, 1977 AT LOS ANGELES, CALIFORNIA
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
POLICY N0. UL 67 -05-28
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF
ISSUED To: CITY OF NEWPORT BEACH
BROKERIAGENT: H & W INSURANCE SERVICES
16255 VENTURA BLVD.
ADDRESS: ENCINO, CALIFORNIA
BY
DATE OF ISSUE: 7/1477 By cq ENO. NO. 9 BACCALA & SHOOP INSURANCE SERVICES
UMBRELLA LIABILO
9
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UL 67 -05 -28
ti �1__, i Q1 i ��ira' ;i Q.
?s;uad To: CITY OF NEWPORT BEACH
H & W INSURANCE SERVICES
16255 VENTURA BLVD.
ENCINO, CALIFORNIA
%D lic of '`"'c: JULY 14, 1977
: ='�D. \o: 8
3Y._..__._._. __._.. - - - - -- —
Ra,'.'c':aa S Scn'i(es
yS ?4
UMBRELLA LIABILITY
BUS EXCLUSION ENDORSEMENT
IN CONSIDERATION OF THE REDUCED PREMIUM CHARGED, IT IS HEREBY
UNDERSTOOD AND AGREED THAT SUCH COVERAGE AS IS AFFORDED BY THIS
POLICY SHALL NOT APPLY TO ANY LIABILITY ARISING OUT OF THE
OWNERSHIP, OPERATION, MAINTENANCE OR USE OF BUSSES BY THE CITY
OF NEWPORT BEACH PARKS AND RECREATION DEPARTMENT.
THE EFFECTIVE DATE OF THIS ENDOSEMENT IS JUNE 25, 1977
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF
POLICY NO. UL 67 -05 -25
ISSUED TO: CITY OF NEWPORT BEACH
BROKrR AGENT: H & W INSURANCE SERVICES
16255 VENTURA BLVD.
ADDRESS: ENCINO, CALIFORNIA
DATE OF ISSUE: 7/14/77 BY CQ END. NO. 7
AT LOS ANGELES, CALIFORNIA
r�
BY
BACCALA & SHOOP INSURANCE SERVICES
UMBRELLA LIABILITY
AIRCRAFT LIABILITY EXCLUSION ENDORSEMENT
IN CONSIDERATION OF THE REDUCED PREMIUM CHARGED, IT IS AGREED
THAT THE INSURANCE AFFORDED BY THIS POLICY SHALL NOT APPLY
WITH RESPECT TO LAABILITY ARISING OUT OF THE OWNERSHIP,
MAINTENANCE, OPERATION, USE, LOADING OR UNLOADING OF ANY
AIRCRAFT.
THE EFFECTIVE DATE OF THIS ENDOSEMENT IS JUNE 25, 1977 AT LOS ANGELES, CALIFORNIA
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF POLICY NO. UL 67 -05 -28
ISSUED To: CITY OF NEWPORT BEACH
BROKER/AGENT: H & W INSURANCE SERVICES
16255 VENTURA BLVD.
ADDRESS: ENCINO, CALIFORNIA
DATE OF ISSUE: 7/14/77 By CQ
s
END. ND. 6 BACCALA & SHOOP INSURANCE SERVICES
UMBRELLA LIABILITY
EMPLOYEE RETIREMENT AND INCOME SECURITY ACT
EXCLUSION ENDORSEMENT
IN CONSIDERATION OF THE PREMIUM CHARGED, SUCH INSURANCE AS IS
AFFORDED BY THIS POLICY SHALL NOT APPLY WITH RESPECT TO ANY
CLAIM OR CLAIMS BROUGHT ABOUT AS A RESULT OF ANY VIOLATION OF
ANY RESPONSIBILITIES, OBLIGATIONS OR DUTIES IMPOSED UPON FIDU-
CIARIES BY THE EMPLOYEE RETIREMENT AND INCOME SECURITY ACT OF
1974 OR AMENDMENTS THERETO.
THE EFFECTIVE DATE OF THIS ENDOSEMENT IS JUNE 25, 1977 AT LOS ANGELES, CALIFORNIA
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. POLICY NO. UL 67 -05 -28
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF
ISSUED To: CITY OF NEWPORT BEACH
BROKER/AGENT: H & W INSURANCE SERVICES
16255 VENTURA BLVD.
ADDRESS: ENCINO, CALIFORNIA
DATE OF ISSUE: 7/14/77 BY CQ
BY
END. No. 5 BACCALA & SHOOP INSURANCE SERVICES
Y IhD
UMBRELLA LIABILITY
0
0
PROFESSIONAL LIABILITY ENDORSEMENT
IT IS AGREED THAT `.PHIS POLICY SHALL NOT APPLY TO ANY LIABILITY
FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF THE REN-
DERING OF, OR FAILURE TO RENDER, DURING THE POLICY PERIOD, THE
FOLLOWING PROFESSIONAL SERVICES:
(a) MEDICAL, SURGICAL, DENTAL OR NURSING TREATMENT TO SUCH PER-
SON OR THE PERSON INFLICTING THE INJURY INCLUDING THE FUR-
NISHING OF FOOD OR BEVERAGES IN CONNECTION THEREWITH;
(b) FURNISHING OR DISPENSING OF DRUGS OR MEDICAL, DENTAL OR
SURGICAL SUPPLIES OR APPLIANCES IF THE INJURY OCCURS AFTER
THE NAMED INSURED HAS RELINQUISHED POSSESSION THEROF TO
OTHERS;
(c) HANDLING OF OR PERFORMING POST - MORTEM EXAMINATIONS ON
HUMAN BODIES; OR
(d) SERVICE BY ANY PERSON AS A MEMBER OF A FORMAL ACCREDITATION
OR SIMILAR PROFESSIONAL BOARD OR COMMITTEE OF THE NAMED
INSURED, OR AS A PERSON CHARGED WITH THE DUTY OF EXECUTING
DIRECTIVES OF ANY SUCH BOARD OR COMMITTEE.
IT IS FURTHER AGREED THAT THE ABOVE EXCLUSION DOES NOT APPLY
TO SERVICES RENDERED BY LICENSED OR ACCREDITED PARAMEDICS.
E EFFECTIVE DATE OF THIS ENDDRSEM ENT IS JUNE 25,. 1977
L OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
IS ENDORSEMENT 15 ATTACHED TO AND MADE APART OF POLICY NO.
SUED To: CITY OF NEWPORT BEACH
OVER /AGENT: H & W INSURANCE SERVICES
16255 VENTURA BLVD.
ENCINO, CALIFORNIA
OF ISSUE: 7/14/77-
By
a4
END.
No. 4
Ca{ vRIwT LD IN V }.A.
AT LOS ANGELES, CALIF'OPNLA
UL 67 -05 -28
By-
M • .z.D • SHCOP INSURANW-_-
KIND •
UMBRELLA LIABILO
MUNICIPALITIES
ERRORS & OMISSIONS LIMITATION
IT IS AGREED THAT THIS POLICY SHALL NOT APPLY TO ANY LIABILITY
FOR ANY ACTUAL OR ALLEGED ERROR, MISSTATEMENT OR MISLEADING
STATEMENT, ACT OR OMISSION, OR NEGLECT OR BREACH OF DUTY BY
THE INSURED, OR BY ANY OTHER PERSON FOR WHOSE ACTS THE INSURED
IS LEGALLY RESPONSIBLE, ARISING OUT OF THE DISCHARGE OF DUTIES
AS A MUNICIPALITY AND /OR A MUNICIPAL COUNCIL OR AS DULY ELECTED
OR APPOINTED MEMBERS OR OFFICIAL THEREOF UNLESS SUCH LIABILITY
IS COVERED BY VALID AND COLLECTIBLE UNDERLYING INSURANCE AS
DESCRIBED IN THE SCHEDULE OF UNDERLYING INSURANCE, AND THEN
ONLY FOR SUCH HAZARDS FOR WHICH COVERAGE IS AFFORDED UNDER SAID
UNDERLYING INSURANCE.
HE EFFECTIVE DATE OF THIS ENDORSEMENT IS JUNE 25, 1977
AT LOS ANGELES, CA7IFORNIA
LL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
HIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF POLICY NO. UL 67 -05 -28
To: CITY OF NEWPORT BEACH
r'RoKER /AGENT: H & W INSURANCE SERVICES
16255 VENTURA BLVD.
ENCINO, CALIFORNIA
-1. -1 E OF ISSUE: 7/14/77
By c 9 END. No.
3 ------- .....— - --
BACCALA & SHOOP IJISURA -E St'Rvl CES
UMBRELLA LIABILITY
ACCOUNTANT'S PROFESSIONAL LIABILITY EXCLUSION ENDORSEMENT
IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS AGREED THAT THE
INSURANCE AFFORDED BY THIS POLICY SHALL NOT APPLY WITH RESPECT
TO LIABILITY ARISING OUT OF THE RENDERING OF, OR THE FAILURE
TO RENDER, PROFESSIONAL SERVICES FOR OTHERS IN THE INSUREDS
CAPACITY AS AN ACCOUNTANT OR AS AN EMPLOYEE OF AN ACCOUNTING
FIRM.
THE EFFECTIVE DATE OF THIS ENDOSEMENT IS JUNE 25, 1977 AT
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF POLICY NO. UL 67 -05 -28
ISSUED To: CITY OF NEWPORT BEACH
H & W INSURANCE SERVICES
BROKER/AGENT: 16255 VENTURA BLVD.
ENCINO, CALIFORNIA
ADDRESS:
DATE OF ISSUE: 7/14/77 BY cq END. NO. 2
LOS ANGELES, CALIFORNIA
f i
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I
S
BACCALA & SHOOP INSURANCE SERVICES
UMBRELLA LIABILITY
SCHEDULE OF UNDERLYING INSURANCES
CARRIER COVERAGE LIMITS LIABILITY
MIDLANDS COMPREHENSIVE GENERAL &
INS. CO. AUTOMOBILE LIABILITY INCL
ERRORS & OMISSIONS
WHICH IS EXCESS OF:
ADMIRAL INS. COMPREHENSIVE GENERAL &
CO. AUTOMOBILE LIABILITY INCL
ERRORS & OMISSIONS
WHICH IN TURN IS EXCESS OF:
SELF - INSURED COMPREHENSIVE GENERAL &
RETENTION AUTOMOBILE LIABILITY INCL.
ERRORS & OMISSIONS
T HE EFFECTIVE DATE OF THIS ENDOSEMENT IS JUNE 25, 1977
$700,000 BODILY INJURY &
PROPERTY DAMAGE COMBINED
SINGLE LIMIT EACH OCCURRENCE
AND IN THE AGGREGATE WHERE
APPLICABLE
$300,000 BODILY INJURY &
PROPERTY DAMAGE COMBINED
SINGLE LIMIT EACH OCCURRENCE
AND IN THE AGGREGATE WHERE
APPLICABLE
$100,000 EACH OCCURRENCE
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF POLICY NO. UL 67 -05 -28
ISSUED To: CITY OF NEWPORT BEACH
H & W INSURANCE SERVICES
BROKER/AGENT:
16255 VENTURA BLVD.
ADDRESS: ENCINO, CALIFORNIA
DATE OF ISSUE: 7/14/77 cq BY END. NO. 1
AT LOS ANGELES, CALIFORNIA
g
BY
BACCALA & SHOOP INSURANCE SERVICES
Insert Declarations Page Form and Endorsements here.
(b) when all operations to be performed by a on behalf of the Named Assured
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 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.
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.
11. ANNUAL PERIOD —
The term "Annual Period" shall mean each consecutive period of one year commencing
from the inception date of this Policy.
THIS POLICY IS SUBJECT TO THE FOLLOWING EXCLUSIONS:
This Policy shall not apply:
(a) to any obligation for which the Assured and any company as its insurer may be
held liable under any Workmen's Compensation, unemployment compensation
or disability benefits law provided, however, that this exclusion does not apply
to liability of others assumed by the Named Assured under contract or agree-
ment;
(b) to personal injury, property damage or advertising injury arising out of the
conduct of any . partnership or joint venture of which the Assured is a partner
or member and which is not designated in this policy as a Named Assured;
(c) to loss of use of tangible property which has not been physically injured or
destroyed resulting from:
(1) a delay in or lack of performance by or on behalf of the Named Assured, of
any contract or agreement, or
(2) the failure of the Named Assured's products or work performed by or
on behalf of the Named Assured to meet the level of performance, quality,
fitness or durability warranted or represented by the Named Assured;
but this exclusion does not apply to loss of use of other tangible property
resulting from the sudden and accidental physical injury to or destruction of
the Named Assured's products or work performed by or on behalf of the
Named Assured aftersuch products or work have been put to use by any person
or organization other than an Assured;
(d) to property damage to the Named Assured's products arising out of such
products or any part of such products;
(e) to property damage to work performed by or on behalf of the Named Assured
arising out of the work or any portion thereof, or out of materials, parts or
equipment furnished in connection therewith;
(f) to damages claimed for the withdrawal, inspection, repair, replacement or
loss of use of the Named Assured's products or work completed by or for the
Named Assured or of any property of which such products or work form a part,
if such products, work or property are withdrawn from the market or from use
because of any known or suspected defect or deficiency therein;
(g) with respect to advertising activities, to claims made against the Assured for:
(1) failure of performance of contract, but this shall not relate to claims for
unauthorized appropriation of ideas based upon alleged breach of an
implied contract;
(2) infringement of registered trade marks, service mark or trade name by
use thereof as the registered trade mark, service mark or trade name of
goods or services sold, offered for sale or advertised, but this shall not
relate to titles or slogans;
(3) incorrect description of any article or commodity;
(4) mistake in advertised price;
(h) except in respect of occurrences taking place in the United States of America,
its territories or possessions, or Canada, to any liability of the Assured directly
or indirectly occasioned by, happening through or in consequence of war,
invasion, acts of foreign enemies, hostilities (whether war be declared or not),
civil war, rebellion, revolution, insurrection, military or usurped power or
confiscation or nationalisation or requisition or destruction of or damage to
property by or under the order of any government or public or local authority;
(i) to any liability arising out of the violation of any statute, law, ordinance or
regulation prohibiting discrimination or humiliation because of race, creed,
colour or national origin;
(j) 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 materials or other irritants, contaminants or pollutants
into or upon land, the atmosphere or any watercourse or body of water; but
this exclusion does not apply if such discharge, dispersal, release or escape
is sudden and accidental;
(k) in respect to family protection (uninsured motorist) coverage as provided by
the Primary Insurer.
(3)
Except insofar as coverage is available to the Assured in the underlying insurances as
set out in the attached Schedule, this policy shall not apply:
(I) to the liability of any Assured hereunder for assault and battery committed
by or at the direction of such Assured except liability for Personal Injuries
resulting from any act alleged to be assault and battery committed for the
purpose of preventing or eliminating danger in the operation of aircraft, or
for the purpose of preventing Personal Injuries or Property Damage; it being
understood and agreed that this exclusion shall not apply to the liability of
the Named Assured for personal injury to their employees, unless such
liability is already excluded under Exclusion (a) above;
(m) with respect to any aircraft owned by the Assured except liability of the Named
Assured for aircraft not owned by them; it being understood and agreed that
this exclusion shall not apply to the liability of the Named Assured for personal
injury to their employees, unless such liability is already excluded under
Exclusion (a) above;
(n) with respectto any watercraft owned by the Assured, while awayfrom premises
owned, rented or controlled by the Assured, except liability of the Named
Assured for watercraft not owned by them, it being understood and agreed
that this exclusion shall not apply to the liability of the Named Assured for
personal injury to their employees, unless such liability is already excluded
from Exclusion (a) above;
(o) to any employee with respect to injury to or the death of another employee
of the same Employer injured in the course of such employment.
(p) NUCLEAR INCIDENT EXCLUSION CLAUSE — LIABILITY— DIRECT (BROAD)
The insurance afforded under and liability coverage of this Policy does not
apply:
I. Under any Liability Coverage, to injury, sickness, disease, death or
destruction
(a) with respect to which an insured under the Policy is also an insured
under a.nuclear energy liability policy issued by Nuclear Energy
Liability Insurance Association, Mutual Atomic Energy Liability
Underwriters or Nuclear Insurance Association of Canada, or would
be an insured under any such policy but for its termination upon
exhaustion of its limit of liability; or
(b) resulting from the hazardous 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 agree-
ment entered into by the United States of America, or any agency
thereof, with any person or organization.
II. Under any Medical Payments Coverage, or under any Supplementary
Payments Provision relating to immediate medical or surgical relief, to
expenses incurred with respect of bodily injury, sickness, disease or
death resulting from the hazardous properties of nuclear material and
arising out of the operation of a nuclear facility by any person or organi-
zation.
III. Under any Liability Coverage, to injury, sickness, disease, death or
destruction resulting from the hazardous properties of nuclear material, if
(a) the nuclear material (1) is at any material 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 in this endorsement:
"Hazardous Properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or
byproduct material; "source 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 com-
ponent, solid or liquid, which has been used or exposed to radiation in a
nuclear reactor; "waste" means any waste material (1) containing by-
product material and (2) resulting from the operation by any person or
organization of any nuclear facility included within the definition of
nuclear facility under 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 devise used for the processing, fabricating or
alloying of special nuclear material if at anytime the total amount
net loss in excess
red's liability 2shall have been
(12) months after the Assured shall have Raid an amount of ultimo e
the Assured or otter tef?tsagainst the Assured otter titans
to by r fat 7ud and the Company fence,
the premises of the amount bor aheda rant, t he same it
Of the insured at or contains hXed and rendered ceQe1non1 of by Asttue Assu
ccoun oft me occur
in the custody d consists of non written Woollen by raven m coo
Ent or device rs locate combine trial or by Payments shall be ma
of such mall", rm of lutonmm or uranium 233 ar any subsequent P. Y afe respectively claimed and P
where such q P 235, made from time to time. Such losses shall be duo thirty rams P uranium additional claims hall of they
more than 25 g no grams of remises of Place Prepared or used
w,thlrf
this policy.
thereof, or more than excavation, P all operations formB INSOLVENCY— f y claims
Nancy of the Assured or any enti oy comprising
basin, , 'ms
(d) any structure, dispose of waste. daH.s located,. . 'nuclear or lnso of the PaYm
for
the storage of or P of thefofeg efatfons, K. BANKRUPTCY ANOkn1 icy relieved thereby
In the event of the ban shalt not be
and emises used such op . of Rssiom the Assured, the company r insolvency.
Inc mcludesthe sd� to a d� all p y
°n sucti afates designed or used to sustain nuclear fissio because of such bankruptcy °
conducted hereunder RANCE— stated
means any chain •or .,destruction
INSU Ith any otherinsurer available to the Assure
reactor odrng reaction or to contain a cntical mass excess of
In a self -supP the word " inNry' L. OTHER other than msurancoilcy sb 1pbe 10
able malenal. ro erty, vered by this pohcY "his p herein
shall be construed
motion of Pr °Percy. If other valid and collechbl the nsurance afforded by
In ur to or destruction of P P covering aloss also cO olicy, insurance. Nothing
With respect to of radioactive contain with such other limitations or other Insurance .
TO THE FOLLOWING CDND1T10NS— to be excess of this P terms, conditions and
auludes all forms i m and Is and shall not con recovery h the against
SUBJECT Is a flat Pfenr u to make this policy fight of recovery Hit is
TNIs POLICY 15 for this Policy and it BROGATION— the Assay a ed to h
lUM— provided for the premium M, SU olic is "Excess Coverage', the Comp an
A. PREM t as provided m Conditions B payment hereon ,
Unless otherwisUStment except Inasmuch as this P yt cannot be ex ass of any F ,h Assured t con
the C°mn ah
ect to adj der the znY hefe0a any person or other e n z feed that In ° includingo
cemed� e
not subl understood and g oftionfng I any amounts s s Assured) th bs al
T10NAL ASSUREDS— to the Come therefore, with all other interests (including
e P s r
at e
reds being added to the a given a °° wilt act in ` ncet is of fecov?IY' The app interests
R• ADOI prompt notice shall be given hereon. nnciple the, any shall first be reimbb i ncr such
In the event. adconancY hereof appropriate adddional p exercise of hall folio the P above any payment to be r inf out (Including th
lnsurancas during a an app TION OF LIABILITY— vered 5 as ¢then to be nainests (Including am
GUMULA whole of In part under few aid an a t aaid by them. the Ca d weunder", residue,
who shall be entitled to charge 0 NON lion date beteof the up to the amount P to the amount p, odamed betweE
INSURANCE Inception coverage rs +n excess are entitled' to claim
ce,I recoveif
C. PRIOR loss covered hereunder is also o tlfred 10 doled by any hen remaining UP this co o{ any such amounts sh ective
reed that if any . to he Assueed P110, 'ahons shall be fedu Assured) of whom in the ratio of then resp
it is agree policy issued m 2 of der such prior insurance. to the recovery concerned,
any other hereon as stated fin Ile of such loss un pIgEASE^ c- ^�nces necessary., the Assured)
limit at liability TO OCCUPATIONAL a sustained by
amounts due to the Assured o APP`1CABLE b accopational dlseati terms and
NDITIONS (total or non - fatal) Y the same ward IlabiRty and the
p.
SPECIAL PO ties is sablect to and lima to the andedYing
As regards PEI inured, this Pa the amou dded hereunder.
any a to except a? Bards the premium, ma ha a or as
condiboos C as,areocfoanaoccuf[enco for which claim is made 8 in
renewal agfeement,the happening ro edy
insurances Pnor to inspect the Assured
's p P
AND AUDIT— not obligated to insP make inspeGlio ehalf rot the
of
E• INSPECTION rmitted but s right to
The Company shall be Pe m anstitute an undertaking on b ropem or
and opera"ons at any a re. Neither
t the eonesall co Or waffani that such P
thereof to determine time
makin g a' of the Assured or others, and records er the final
for the, be f and within three years ah .
S
insurance.
operations are side. examine and audit the Assured'w_
The the Pill nY may
period any fa�eas they relate to the sablect matter of this
during hthis Policy, employe'
termination of this P y' einn al inlury suffered by any be habh
e. CROSS LIABILITY'. reason of P def is or may
__. name made CY _.u.o. Assured hereun. made °f may .—Ap.
In the E"=" .-ereunde
of one Assured Shall COVE
then this polio at as if
in the ame c {aims
e In the event barer for
IS son ToI I, ... OCCURRENCE —
G, NOTICh Assufedhe'inann"t.
Whenever covered hereun
that an occurrence
that the All' - item 14 of he De
sent as sta Iva notice of and ,
that failure to g oticy
app hereundef, shal4Pnot pieta
H• ASSISTANCE AND CO- OPERA'f10No s Upon
The Company shall not be called t 0
of any clam shall have nhe tighhand shad
the Comps y ndedyi to ar
the Assured or the Asoscceding relative
el any claim, suit or P to involve thr
Of appears teahnabllatIlWy in all things it
the Company a
arty at iuc D"ur"I".
; ement 11 for 30Y one
LOSS PAYABLE— policy wih respe
,.haity under this 1�. Assufed's an
all nccupren haff have 4
as finally settles. the terms shail
'ledge possessed by ansnp from asserting an? "I by en-
N, CHANGES kna Comp waived or
Notice to olic or stop the policy any of its representatives.
in any part of t ui I hall the term, ", t is d by the Camp
of this policy, unless and until
dorsement issued to form a Part shat} not bind the Company
B. ASSIGNMENT^ t under this policy
Assignmefstendorsed hereon. I, the
its Consent Assured by surrender the e'sentatives
CELLATION— the Namedto the Company or its Ve This policy
P. CAN may be cancelled of by mailing a etfeb re. This
al
This POIicYa reoresentables iff, the cancellation yA , thereafter
the ComPany shaiharsebeat In
partod this policy in the Pro
z Company shatfotcea Notice of
;y has been in makes no
the Company
old V-1- the wwy„.•' remium am �•,•,. -
aancellation hY uQency stated in item Dgc-
payment or on of return p in the c 6 of the
d tosses under this Wiicshall 6e made as stated In item
Q, CURAEN m a
The Premium sub Pa meet of Premium
of the Declarations. Y the Assured under
larati ON STATUTES— otieY is unentorceable by
R, CONFLICTING rovision of this P 'herem it is claimed that Statute Ina e °t event t any P other torts "ah" compliance w +tar any lie
In tars of anyhStaco covered of non- with the same effect as if d comp
the law is ", covered hereby. the Assn
this policylsnall be enforceable by PING INSURANCES
then this p TIONS IN UN' to in the attach
with such Statute. RESTRtG liicies referred the Pot
S MAINTENANCE thof is A olicy that the policy or Po of the aggieg
for any reduction ect d accidi
It is a condition of Ohl Insufances' shall it mainlavned in lull info — Na
solely by P ?Yin of this Failure of the
"Schedule of Underiy. g verage or limits e me
period wi at f fintemri of G0 the period this policy but m twou l
occurring dating 11 not mvandate they
omit or h its ehamed thElan to she . me extent as
and /or occu with the forego il be liable to the sondrt�on-
Assured to Cs, theyComPaoY shall only wih the same ce
such 9ailures, d Assured
been had the Name
• BINDER NO. 90A
H & W INSURANCE SERVICES
16255 VENTURA BLVD., SUITE 406
ENCINO. CALIFORNIA 91436
(213) 990 -3040 TELEX: 66 -2478
THIS IS A PREMIUM BEARING BINDER.
/� M I L U M /GA R V EY This binder supercedes and replaces
Binder No. 896
Insurance brokers inc. phone (7141549-9952
City of Newport Beach, CA
3720 CAMPUS DRIVE NEWPORT BEACH, CALIFORNIA 92660 Subject: 3300 Newport Blvd.
_�. 3 Newport Beach, CA 92663
We are pleased to ptovide the following (qX0tttkW1binder) for the captioned.
1. Coverage: Umbrella Excess Liability
2.
Company:
Puritan Insurance
Company
3.
Effective Date:
12:01 AM, June 25,
1977
4. Limits of Liability: $4,000,000 excess $1,000,000 in turn excess S.I.R.
5. Deductible: $ - -- per claim including claim expense. $ - -- per occurrence.
6. a) Self- Insured Retention: $100,000 /pei)OAnnuaAggregate Retained Limit: - --
7. Premium $ 65,000 applying (Plus -- State Tax and -- Stamping Fee) as:
() Flat Charge (X) Minimum & Deposit Premium Adj. at rate of: $.5619 per $100 of
W.C.Payroll ($11,567,100)
8. Primary Carrier(s): Admiral Insurance Company
Midland Insurance Company
9. Remarks:
Copy of the Self - Insurance contract and resolution setting
up liability loss fund must be furnished H $ W prior to
policy issuance.
Premium due and payable within ten (10) days of the effective date of coverage.
NO FLAT CANCELLATION
10. Commission payable to your office: 7.5%
Coverage bound herewith shall be subject to all terms and conditions of the policy to be
issued, which, when delivered replaces this notice. This (binder expires in
/sixty days.
DATE: June 28, 1977/le H & W INSURANCE SERVICES
.. -.. _ .. r .. THANK YOG�f!L %�C� .
- - BY: r
Charles R. Price
By ;:a CC!jY C COED kL
CITY OF Ht-WORT EACI
-
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-
Mayor
HRC:yz
7/12/77