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HomeMy WebLinkAboutC-2036 - Comprehensive Public Liability Insurance CoverageMiLUM /GARVEY INSURANCE BROKERS, INC. 3720 Campus Drive Newport Beach, California 92660 Telephone (714) 549 -9952 TO: City of Newport Beach DATE: November 21, 1978 3300 Newport Boulevard Newport Beach, California Attention: Mr. Bill Brown SUBJECT: Re: Admiral Insurance Company Certificate No. 78 HWP 3043 Comprehensive General Liability (Primary) Dear Bill: I have enclosed endorsement No. 6 to above contract, which deleteaFirst.State Insurance Company as an insurer under the declarations of this certificate and Admiral Insurance Company now insures the full 100% of risk. We had previously had both companies on the risk, however rather than pooling the risk, Admiral is now the only insurer. There is no premium difference on this endorsement. Sincerel /y, nny MCCors[C P. S. Bill, this endorsement does not in any way change the City's self- insured retention. cc: Mr. Virgil Howell ENDORSEMENT NO. 6 In consideration of the premium charged, it is agreed that First State Insurance Company is deleted from the INSURERS) and PROPORTION(S) of the declarations of this Certificate and the proportion of ADMIRAL IN- SURANCE COMPANY is increased to 1000. It is further agreed that the premium computation is amended as follows: PREMIUM STAMPING RETURN TAX FEE PREMIUM (3.0) FIRST STATE INS. CO. $19,470.00 tS84 10 $.3.$_94 TOTAL RETURN PREMIUM: $20,093.04 PREMIUM STAMPING RETURN TAX FEE PREMIUM (3.0%) (.2q) ADMIRAL INS. CO. $19,470.00 $584.10 $38.94 TOTAL ADDITIONAL PREMIUM: $20,093.04 ADDITIONAL AMOUNT DUE COMPANY: NIL . Attached to and forming a part of Certificate No: 78 HVP 3043 Issued To: City of Newport Beach Insuring Company: Admiral Insurance Company Effective Date: October 31, 1978 Dated At: Encino, California Date: October 17, 1978 H & W INSURANCE SERVICES LM .. Replacinolji NI:I.. o? ................................... ........ CERTIFICATE OF INSUTFANCE PUBLIC ENT LIABILITY INSURANCE 00i NO- 78 5 \IILUNI /GARVEY v PERIOD OFINSURANCE From 7-1.- 78 ..................... To ....... - 1,- 79....................... insurance Orekars inc. phone (X41:7_9 az 3720 CAMPUS DRIVE NEWPORr BEACH, CALIF12:01 ;: AM Standard Time At the Address of Named Insured NAMED (CITY OF NEWPORT BEACH, A MUNICIPAL INSURED CORPORATION OF THE STATE OF This insurance is issued pursuant to the CALIFORNIA California Insurance Code, Sections 1760 MAILING 3300 Newport Boulevard through 1780, and is placed in an insurer ADDRESS Newport Beach, California 92663 or insurers not holding a Certificate of L— Authority from or regulated by the Cali- fornia Insurance Commissioner. In accordance with authorization granted to H & W by certain Insurers whose names and proportions underwritten by them appear > below or are on file or to be filed in the office of H & W, and in consideration of the premium and of the stipulations and conditions herein or attached hereto, do hereby bind themselves, each for his own part and not one for another, for the percentage shown hereunder: COVERAGE(S): Excess Comprehensive General and Automobile Liability. LIMIT(S) OF LIABILITY: The Company(s) Limit of Liability Shall Be: Item IA. $ 1.000,000 any one occurrence, less the Insured's Retained Limit, as specified in Item 2A, arising out of Bodily In- jury Liability, Personal Injury Liability, Property Damage Liability or Errors and Omissions Liahility, or ' any combination thereof. f Item 18. $ 500,000 in the aggregate as a result of all occurrences during each policy year, subject to the aggregate limit provisions of this policy — see "Retained Limit Company(s) Limit of Liability ", paragraph C. The Insured's Retained Limit Shall Be: Item 2A. $ 500,000 any one occurrence arising out of Bodily Injury Liability, Personal Injury Liability, Property Damage Lia- bility or Errors and Omissions Liability, or any combination thereof, subject to the provisions of Item 2B. Item 2B. $ Not Applicabl estop Loss Aggregate for each annual policy period, or any portion thereof if the policy period is less than one year, resulting from all occurrences retained by the Insured. The Stop Loss Aggregate is adjustable at a rate of $ Not Applicable per $100 of Workers' Compensation Payroll, as reported for the policy period, but in no event shall the Stop Loss Aggregate be less than $ Not Applicable . It is further agreed that in the event the Insured exhausts the Stop Loss Aggregate in Item 2B, the Company(s) Limit of Liability, solely in respect of losses within the Insured's Retained Limit shall be: Item 3A. $ Not Applicableany one occurrence arising out of Bodily Injury Liability, Personal Injury Liability, Property Damage Liability or Errors and Omissions Liability or any combination thereof, subject to: Item 3B. $ Not Applicabl ein the aggregate as a result of all occurrences provided for in Item 3A during the policy period. In the event that the Company(s) Stop Loss Aggregate, in Item 3B, is exhausted, the Insured's Retained Limit shall be: Item 4A. $Not Applicabl eany one occurrence arising out of Bodily Injury Liability, Personal Injury Liability, Property Damage Liability or Errors and Omissions Liability or any combination thereof. PREMIUM COMPUTATION: Estimated Workers Compensation Payroll: $ 12,600,000. Rate per $100 of WC Payroll: $ .59 INSURER(S) AND PROPORTION(S) Admiral Insurance Company (60 %) First State Insurance Company (40 %) Signed On: June 30, 19781ks At: Encino, California H & W PE -005 -B (12 -77) Minimum & Deposit Premium $ 3.0 % State Tax 0.2 %Stamping Fee Certificate Fee 75,000.00 2,250.00 150.00 TOTAL $ 77,400.00 NO FLAT CANCELLATION ALLOWED H & W INSURANCE SERVICES t By ................k. ...! . two y...... 4.:. ......................... Au horYetl RepresentafiV€ Jc (s. -- �q =c:41 !ti) uO .ei;,cupo ,_ ... . , ... 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'Jan!eM Lions ssalun alga! }HJap s!yl }o uoH!puoo Jo uo!lelnd!ls Aue pan!eM aney c: ;�a::.,,0p aq Jo ar,!em o1 Jamod eAe4 (legs '(s)JaJnsul ayl Jo M 9 H ueyl Jayio 'anµeivasa clai Jo lua6e 'Jao!j]o ou pue IolaJag pappe ru uvz:Jay pasJopua aq Aew se suo!llpuoo pue SUOIJ - elndlis Jay10 Lions yl!m Jagla6ol `ulaiaq gIuoj Jas suo!1!puoo pue suollelnd!ls ay; is Cw "] i "afn.,ns paldeooe pue apew sl aleo!}!1ig0 s!Lil '1 SNO1110N00 31'001j11830 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 OMISSIONS 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. H $ W PE -002 -C (12/77) 1 of 13 0 0 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 occurrence, and then for an amount not exceeding the difference between the amount specified in Item IN of the Limits of Liability section of the Declara- tions and the Insured's retained limit as specified in Item 2A as the result of any one occurrence. B. With respect to ultimate net loss in excess of the Insured's stop loss aggregate 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 of the Limits of Liability section of the Declarations but only for occurrences where the ultimate net loss is less than the amount shown in Item 3A of the Limits of Liability section of the Declarations, and then only for an amount not exceeding the amount specified in Item 3B 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 1B 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 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; H $ W PE - 002 -C (12/77) 2 of 13 1] 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 H & W PE -002 -C (12/77) 3 of 13 0 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 H P, W PE -002 -C (12/77) 4 of 13 0 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; (4) 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 2S grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 23S; -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. J. To liability arising out of the failure to supply a specific amount of electrical power, fuel or water or to liability arising out of the interruption of the electrical power, fuel or water supply. H F W PF -002 -C (12/77) 5 of 13 DEFINITIONS 0 AUI'MBILE. 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. H & IV PF -002 -C (12/77) 6 of 13 • • 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; 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 respects 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. H F, W PE -002 -C (12/77) 7 of 13 POLICY TERRITORY 0 "Policy territory" means anywhere in the World. PRODUCTS HAZARDS. "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 collect- ible, 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 Company(s) or any underlying insurer so incurred. STOP LOSS AGGREGATE. "Stop loss aggregate" means the total of all occurrences retained by the Insured that would have been covered by this policy, by virtue of Item 2A, during the policy period. 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 healthful, or are in compliance 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 termina- tion of this policy, as far as they relate to the subject matter of this insurance. s. 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. H F, W PE -002 -C (12/77) 8 of 13 P 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. : " 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 H $ W PE -002 -C (12/77) 9 of 13 0 0 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 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. H & W PE -002 -C (12/77) 10 of 15 0 9. CHANGES E 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. ASSIGNIZENT 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 bankrunt 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 the policy, written notice stating when not less than ninety (90) days thereafter such cancellation shall be effective. However 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. 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. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. H & W PF. -002 -C (12/77) 11 of 13 In the event of cancellation by the Company(s) of this policy prior to expiration, 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 can- cellation by the Named Insured the Insured's retained limit shall be 100% of the amount shown in Item 2B of the declarations, not subject to pro rata or short rate adjustment. 13. COMPANY(S) RIGHT OF APPROVAL The Company(s) reserve the right to approve defense council for losses likely to exceed the Insured's retained limit. 14. 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. B. Endorsements attached to policy at inception: # 1 s # 2 C. Limit(s) of Liability: The Company(s) limit of liability shall be: Item I.A. $ 1,000,000. any one occurrence, less the Insured's Retained Limit, as specified in Item 2A, arising out of Bodily Injury Liability, Personal Injury Liability, Property Damage Liability or Errors and Omissions Liability or any combination thereof. Item 1B. $ soo,000. in the aggregate as a result of all occurrences during each policy year, subject to the aggregate limit provisions of this policy - see "Retained Limit Company(s) Limit of Liability ", paragraph C. The Insured's Retained Limit shall be: Item 2A. $ soo,000. any one occurrence arising out of Bodily Injury Liability, Personal Injury Liability, Property Damage Liability or Errors and Omissions Liability, or any combination thereof, subject to the provisions of Item 2B. Item 2B. $ N/A Stop Loss Aggregate for each annual policy period, or any portion thereof if the policy period is less than one year, resulting from all occurrences retained by the Insured. The Stop Loss Aggregate is adjustable at a rate of $ N/A per $100 of Workers' Compen- sation payroll, as reported for the policy period, but in no event shall the Stop Loss Aggregate be less than $ N/A H $ W PE -002 -C (12/77) 12 of 13 Z • It is further agreed that in the event the Insured exhausts the Stop Loss Aggregate as specified in Item 2B, the Company(s)' Limit of Liability, solely in respect of losses within the Insured's Retained Limit shall be: Item 3A. 5 NOT APPLICABLE any one occurrence arising out of Bodily Injury Liability, Personal Injury Liability, Property Damage Liability or Errors and Omissions Liability or any combination thereof, subject to: Item 3B. $ NOT APPLICABLE in the aggregate as a result of all occurrences provided for in Item 3A during the policy period. In the event that the Company(s) Stop Loss Aggregate as specified in Item 3B is exhausted, the Insured's Retained Limit shall be: Item 4A. $ NOT APPLICABLE any one occurrence arising out of Bodily Injury Liability, Personal Injury Liability, Property Damage Liability or Errors and Omissions Liability or any combination thereof. Premium Computation: Estimated Workers Compensation Payroll Pate per $100 Payroll $12,600,000. $ .59 Total Advance Premium Minimum Premium $75,000.00 $75,000.00 ZJi%. Countersigned by Authorized Agent H $ W PE -002 -C (12/77) 13 of 13 0 NO. ADDITIONAL INSURED io In consideration of the premium charged it is hereby agreed that the County of Orange is included as Additional Insured under coverage provided by this policy but only as respects liability arising out of the "Revenue Sharing Agreement" of January, 1978 regarding social services. All other terms and conditions remain unchanged. Certificate No. Attached to and forming a part of)BEhMt No. 78 NWP 3043 Issued To: City of Newport Beach, et al Insuring Company: Admiral Insurance Company 60% First State Insurance Company 400 Effective Date: May 19, 1978 Dated At: Encino, California Date: June 30, 19781ks H 6 W INSURANCE SERVICES BY: ENDORSEMENT NO. 2 ADDITIONAL INSURED In consideration of the premium charged, 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. Certificate Attached to and forming apart OfIMYW r No. 78 HWP 3043 Issued To: City of Newport Beach, et al Insuring Company: Admiral Insurance Company 600 First State Insurance Company 40% Effective Date: May 19, 1978 Dated At: Encino, California Date: June 30, 19781ks H 6 W INSURANCE SERVICES ! '1 ENDORSEMENT NO. 3 EFFECTIVE DATE CORRECTION t In consideration of the premium charged it is hereby agreed that the period of Insurance of this Certificate of Insurance is cor- rected to read: June 25, 1978 to June 25, 1979. Signed and Accepted by Title Attached to and forming a part of KlaMa7XM( Certificate No. 78 HWP 3043 Issued To: City of Newport Beach Insuring Company: Admiral Insurance Company (600) First State Insurance Company (400) Effective Date: June 25, 1978 Dated At: Encino, California Date. July 6, 1978/jw H & W INSURANCE SERVICES BY. *# • • No. 4 AMENDMENT OF EXCLUSION "J" In consideration of the premium charged, it is agreed that Exclusion "J" of form H & W PE- 002- C(12/77) is amended as follows: This policy does not apply: J. To liability arising out of the failure to supply a specific amount of electrical power, fuel or water or to liability arising out of the interruption of the electrical power, fuel or water supply except this exclusion shall not apply to damages caused as a result of physical damage to tangible property that causes an interruption, reduction or failure to supply electrical power, fuel or water. AUG 1 ,, 19)g Attached to and forming a part of BndevLvm Certificate No. 78 HWP 3043 Issued To: City of Newport Beach Insuring Company: Admiral Insurance Company (600) First State Insurance Company (400) Effective Date: June 25, 1978 Dated At: Encino, California Date: August 14, 1978 R & W INSURANCE SERVICES BY: 0 RESOLUTION NO. 9 39 1 11 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, FIRST STATE INSURANCE COMPANY AND THE S AND H INSURANCE COMPANY AND AWARDING A POLICY OF EXCESS INSURANCE TO THE PINE TOP INSURANCE COMPANY WHEREAS, the City of Newport Beach has sought proposals for the provision of comprehensive public liability insurance; 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 accept a $500,000.00 self- insured retention; to award a policy of insurance for coverage of $500,000.00 over the self- insured retention to a r combination of the Admiral Insurance Company, the First State Insurance Company, and the S and H Insurance Company; and to award a policy of excess insurance for coverage of $4,000,000.00 over the $1,000,000.00 lower insurance to the Pine Top Insurance . Company; and WHEREAS, the cost of the combined programs of Admiral Insurance Company, First State Insurance Company, S and H Insurance Company and the Pine Top 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; 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 the Admiral Insurance Company, First State Insurance Company, S and H Insurance Company and Pine Top Insurance Company for a one year period commencing June 25, 1978, and continuing through June 25, 1979. BE IT FURTHER RESOLVED that all funds set aside for payment,of liability losses shall be set aside and encumbered in a special fund and shall not be used for any other municipal purpose until all incurred liability losses are settled. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute any agreement that is necessary to carry out the purpose of this Resolution. ADOPTED this 26th day of June 1978. ATTEST: City Clerk Mayor -2- DDO /cr 6/22/78