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
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.. 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
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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
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By ................k. ...! . two y...... 4.:. .........................
Au horYetl RepresentafiV€
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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
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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
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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
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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
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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