HomeMy WebLinkAboutC-2039 - Insurance policy of excess coverageMILUM /GARVEY
EE
I
STOCK COMPANY
PINE TOP INSURANCE COMPANY
CHICAGO, ILLINOIS r �,
A Subsidiary of the Greyhound Corporation
Administrative Office %
Greyhound Tower — Suite 200
Phoenix, Arizona 85077
LLA
1.
UMBRELLA LIABILITY POLICY
MILUM /GARVEY
EE
I
insurance brokers Inc. phone (714) 549 -9952
3720 CAMPUS DRIVE NEWPORT BEACH. CALIFORNIA 92660
INSURANCE COMPANY
CHICAGO, ILLINOIS
PLEASE READ YOUR POLICY
r[L-302(3
Printed in U.S.A.
UMBRELLA LIABILITY INSURANCE
Named Assured: As stated in Item 1 of the Declarations forming apart hereof and /or
subsidiary, associated, affiliated companies or owned and controlled companies, as now
or hereafter constituted and of which prompt notice has been given to the Company
(hereinafter called the "Named Assured ").
INSURING AGREEMENTS
I. COVERAGE —
The Company hereby agrees, subject to the limitations, terms and conditions herein-
after mentioned, to indemnify the Assured for all sums which the Assured shall be
obligated to pay by reason of the liability
(a) Imposed upon the Assured by law,
or (b) assumed under contract or agreement by the Named Assured and /or any
officer, director, stockholder, partner or employee of the Named Assured, while acting
in his capacity as such,
for damages on account of,.
(i) Personal Injuries
(ii) Property Damage
(iii) Advertising liability,
caused by or arising out of each occurrence happening anywhere in the world.
II. LIMIT OF LIABILITY —
The Company hereon shall only be liable for the ultimate net loss the excess of either
(a) the limits of the underlying insurances as set out in the attached schedule in
respect of each occurrence covered by said underlying insurances,
or (b) the amount as set out in Item 2(c) of the Declarations ultimate net loss in
respect of each occurrence not covered by said underlying insurances,
(hereinafter called the "underlying limits ");
and then only up to a further sum as stated in Item 2 (a) of the Declarations in all in
respect of each occurrence — subject to a limit as stated in Item 2 (b) of the Declarations
in the aggregate for each annual period during the currency of this Policy, separately in
respect of Products Liability and in respect of Personal Injury (fatal or non- fatal) by
Occupational Disease sustained by any employees of the Assured.
In the event of reduction or exhaustion of the aggregate limits of liability under said
'underlying insurance by reason of losses paid thereunder, this policy subject to all the
terms, conditions and definitions hereof shall
(1) in the event of reduction pay the excess of the reduced underlying limit
(2) in the event of exhaustion continue in force as underlying Insurance.
The inclusion or addition hereunder of more than one Assured shall not operate to
increase the Company's limits of liability beyond those set forth In the Declarations.
THIS POLICY IS SUBJECT TO THE FOLLOWING DEFINITIONS:
ASSURED —
The unqualified word "Assured" wherever used in this policy includes:
(a) the Named Assured, and, If the Named Assured is designated in Item 1 of the
Declarations as a partnership or joint venture, the partnership or joint venture
so designated and any partner or member thereof but only with respect to his
liability as such;
(b) any officer, director, stockholder, partner or employee of the Named Assured,
while acting in his capacity as such, and any organization or proprietor with
respect to real estate management for the Named Assured;
(c) any person, organization, trustee or estate to whom the Named Assured is
obligated by virtue of a written contract or agreement to provide Insurance
such as is afforded by this policy, but only to the extent of such obligation and
in respect of operations by or on behalf of the Named Assured or of facilities
of the Named Assured or of facilities used by the named Assured;
(d) any additional assured (not being the Named Assured under this policy)
included in the Underlying Insurances, subject to the provisions in Condition B;
but not for broader coverage than Is available to such additional Assured under
any underlying insurances as set out in attached schedule;
(e)- with respect to any automobile owned by the Named Assured or hired for use
in behalf of the Named Assured, or to any aircraft owned by or hired for use
in behalf of the Named Assured, any person while using such automobile or
aircraft and any person or organization legally responsible for the use thereof,
provided the actual use of the automobile or aircraft is with the permission of
the Named Assured. The insurance extended by this sub - division (e), with
respect to any person or organization other than the Named Assured shall not
apply -
1. to any person or organization, or to any agent or employee thereof, operating
an automobile repair shop, public garage, sales agency, service station, or
public parking place, with respect to any occu rrence arising out of the opera-
tion thereof;
2. to any manufacturer of aircraft, aircraft engines, or aviation accessories, or
any aviation sales or service or repair organization or airport or hangar
operator or their respective employees or agents with respect to any oc-
currence arising out of any of the aforementioned;
3. with respect to any hired automobile or aircraft, to the owner thereof or any
employee of such owner. This sub - division (e) shall not apply if it restricts
the insurance granted under sub- division (d) above.
4. with respect to any non -owned automobile to any officer, director, stock-
holder, partner or employee of the Named Assured if such automobile is
owned in full or in part by him or a member of his household.
2. PERSONAL INJURIES —
The term "Personal Injuries" wherever used herein means bodily injury (including
death at any time resulting therefrom), mental injury, mental anguish, shock, sickness,
disease, disability, false arrest, false imprisonment, wrongful eviction, detention,
malicious prosecution, discrimination, humiliation; also libel, slander or defamation of
character or invasion of rights of privacy, except that which arises out of any Advertising
activities.
3. PROPERTY DAMAGE —
The term "Property Damage" wherever used herein shall mean (1) physical injury to
or destruction of tangible property which occurs during the policy period, including the
loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property
which has not been physically injured or destroyed provided such loss of use is caused
by an occurrence during the policy period.
4. ADVERTISING LIABILITY —
The term "Advertising Liability" wherever used herein shall mean:
(1) Libel, slander or defamation;
(2) Any infringement of copyright or of title or of slogan;
(3) Piracy or unfair competition or idea misappropriation under an implied
contract;
(4) Any invasion of right of privacy;
committed or alleged to have been committed in any advertisement, publicity article,
broadcast or telecast and arising out of the Named Assured's advertising activities.
5. OCCURRENCE —
The term "Occurrence" wherever used herein shall mean an accident or a happening
or event or a continuous or repeated exposure to conditions which unexpectedly and
unintentionally results in personal injury, property damage or advertising liability during
the policy period. All such exposure to substantially the same general conditions existing
at or emanating from one premises location shall be deemed one occurrence.
6. DAMAGES —
The term "Damages" includes damages for death and for care and loss of services
resulting from personal injury.
1. ULTIMATE NET LOSS —
The term "Ultimate Net Loss" shall mean the total sum which the Assured, or his
Underlying Insurers as scheduled, or both, become obligated to pay by reason of personal
injuries, property damage or advertising liability claims, either through adjudication or
compromise, and shall also include hospital, medical and funeral charges and all sums
paid as salaries, wages, compensation, fees, charges and law costs, premiums on attach-
ment or appeal bonds, interest, expenses for doctors, lawyers, nurses and investigators
and other persons, and for litigation, settlement, adjustment and investigation of claims
and suits which are paid as a consequence of any occurrence covered hereunder, ex-
cluding only the salaries of the Assured's or of any underlying insurer's permanent
employees.
The Company shall not be liable for expenses as aforesaid when such expenses are
Included in other valid and collectible insurance.
8. AUTOMOBILE-
. The term "Automobile ", wherever used herein, shall mean a land motor vehicle,
trailer or semi - trailer.
9. AIRCRAFT —
The term "Aircraft ", wherever used herein, shall mean any heavier than air or lighter
than air aircraft designed to transport persons or property.
30. PRODUCTS LIABILITY —
The term "Products Liability" includes the "Products Hazard" and "Completed
Operations Hazard" defined as follows:
(1) Products Hazard" includes bodily injury and property damage arising out of
the Named Assured's products or reliance upon a representation or warranty
made at any time with respect thereto, but only if the bodily injury or property
damage occurs away from premises owned by or rented to the Named Assured,
and after physical possession of such products has been relinquished to others.
"Named Assured's Products" means goods or products manufactured, sold,
handled or distributed by the Named Assured or by others trading under his
name, including any container thereof (other than a vehicle), but "Named
Assured's Products" shall not include a vending machine or any other property
other than such container, rented to or located for use of others but not sold.
(2) "Completed Operations Hazard" includes bodily injury and property damage
arising out of operations or reliance upon a representation or warranty made
at any time with respect thereto, but only if the bodily injury or property
damage occurs after such operations have been completed or abandoned and
occurs away from premises owned by or rented to the Named Assured. "Opera-
tions" include materials, partsor equipment furnished in connection therewith.
Operations shall be deemed completed at the earliest of the following times:
(a) when all operations to be performed by or on behalf of the Named Assured
under the contract ham been completed,
(2) • • • 11�.
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E
ORELLA LIABILITY POLICY DECLARATION*
Policy Number PINE TOP INSURANCE COMPANY
CHICAGO, ILLINOIS
A Subsidiary of the Greyhound Corporation
UP 50 07 95
Administrative Office
Greyhound Tower — Suite 200
Phoenix, Arizona 85077
ITEM I. (a) Named Assured: CITY OF NEWPORT BEACH
(b) Address of Named Assured: 3300 NEWPORT BLVD.,
NEWPORT BEACH, CALIFORNIA
ITEM 2. Limit of Liability —as Insuring Agreement II
(a) Limit in all in respect of each occurrence $4,000,000.
(b) Limit in the aggregate for each annual period where applicable $4,000,000.
(c) Deductible amount $ 100, 000.
ITEM 3. Policy Period: Beginning at 12:01 A.M. on the 23rd. , day of JUNE 1978
and ending at 12:01 A.M.onlne 23rd,.,, day of JUNE 1979
ITEM 4. Notice of Occurrence (Condition G) to: BACCALA & SHOOP INSURANCE SERVICES
PREMIUM: $68,500,
A STOCK COMPANY
ITEM S. Currency (Condition Q): United States Currency STATE TAX 3% 2,055.
STAMPING FEE .2% 137.
ITEM S. Payment of Premium (Condition Q) to: 13ACCALA & SHOOP INSURANCE SERVICES, TWO CENTURY PLAZA, SUITE 2
2049 CENTURY PARK EAST, LOS ANGELES, CALIFORNIA 90067
SCHEDULE OF UNDERLYING INSURANCES
CARRIER TYPE OF POLICY LIMITS OF LIABILITY
SEE END. # 1 Comprehensive General Bodily Injury Liability
Liability:
$ each person
$ each occurrence
$ aggregate
Property Damage Liability
$ each occurrence
SEE END. # 1 $ aggregate
Automobile Liability: Bodily Injury Liability
$ each person
$ each occurrence
Property Damage Liability
$ each occurrence
SEE END. # 1 Employers' Liability: $ one accident
Primary coverage provides
Said insurance is made and accepted subject to the foregoing stipulations and conditions, and to the stipulations and conditions printed on pages 2, 3 & 4 of this policy,
which are hereby made a part of said insurance, together with such other provisions, stipulations and conditions as may be endorsed on said Policy or added thereto as
therein provided.
Vice President & Controller President
DATED AT: LOS ANGELES, CALIFORNIA
28th., JUNE 78
This day of 19 By
LU /RV /jo BACCALA & SHOOP INS. SERVICES
ML 102 76) PT
(1)
Yes
No
Yes
No
Products /Completed Operations
Fire Legal Liability
F I1.
L.X
Comprehensive Personal Liability
❑
Blanket Contractual
Broad Form P.D.(Lloyds)
❑
Q
"icu" Hazards
(Bureau)
Errors & Omissions /Malpractice
L]
L X
Personal Injury
(U
(]
Watercraft Liability
L _]
Said insurance is made and accepted subject to the foregoing stipulations and conditions, and to the stipulations and conditions printed on pages 2, 3 & 4 of this policy,
which are hereby made a part of said insurance, together with such other provisions, stipulations and conditions as may be endorsed on said Policy or added thereto as
therein provided.
Vice President & Controller President
DATED AT: LOS ANGELES, CALIFORNIA
28th., JUNE 78
This day of 19 By
LU /RV /jo BACCALA & SHOOP INS. SERVICES
ML 102 76) PT
(1)
l &40
0
1]I . � . •. it .. •.. 1�1
IN CONSIDERATION OF THE PREMIUM CHARGED IT IS UNDERSTOOD AND AGREED THAT THE
SCHEDULE OF UNDERLYING AS SHOWN IN ENDORSEMENT A1, IS AMENDED TO READ AS
FOLLOWS:
SCHEDULE OF UNDERLYING INSURANCE
CARRIER TYPE OF POLICY
ADMIRAL/FIRST STATE COMPREHENSIVE GENERAL AND
INSURANCE COMPANIES AUTOMOBILE LIABILITY
WHICH IS EXCESS OF
SELF INSURED
EMPLOYER'S REINSURANCE EMPLOYERS LIABILITY
CORP.
THE EFFECTIVE DATE OF THIS ENDORWAENT 0 6 -25-78
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT U ATTACHED TO AND SIADE A PART OF UP 50 -07 -95
mmum To: CITY OF NEWPORT BEACH
(DATE OF ISSUE:
ISIS 70
B & W INSURANCE SERVICES
16255 VENTURA BLVD.,,STE. 406
ENCINO, CALIFORNIA 91436
9 -13 -75 w RW /maa END N& All
LIMITS
$500,000 BODILY INJURY
& PROPERTY DAMAGE COMBINE
SINGLE LIMIT EACH OCCUR-
RENCE AND IN THE AGGREGAT
WHERE APPLICABLE.
$500,000 EACH OCCURRENCE
$100,000 ONE ACCIDENT
AT LOS ANGELES, CALIFORNIA
w
BACCALA & SHOOP INSURANCE SERVICES
IN CONSIDERATION OF THE PREMIUM CHARGED IT IS UNDERSTOOD AND
AGREED THAT PRIMARY COVERAGES PROVIDED AS SHOWN IN ITEM 6,
ARE AMENDED TO INCLUDE AS FOLLOWS:
WATERCRAFT LIABILITY
_MUNICIPALITIES ERRORS AND OMISSIONS
FIRE LEGAL LIABILITY
7NE "FecrmE OATS of TNIs ENDORSEMENT M 6 -25 -78
ALL OTHER TERMS AND CONDRIONS REMAIN ONCNANDFD.
VMS ENDDRUMENT M ATTACHED TO AND MADE A PART OF UP 50 -07 -95
IMED TO: CITY OF NEWPORT BEACH
01iplER/A649M H & W INSURANCE SERVICES
16255 VENTURA BLVD., STE. 406
.ApO�p; ENCINO, CALIFORNIA 91436
MATE OF muE: 9 -13 -78 n RN /maa am am f 10
ISIS 70
AT LOS ANGELES, CALIFORNIA
sT
EACCALA & SHOOP INSURANCE SERVICE!
KIND
SCHEDULE OF UNDERLYING INSURANCE
CARRIER TYPE OF POLICY LIMITS OF LIABILITY
i
ADMIRAL FIRST COMPREHENSIVE GENERAL AND
STATE AUTOMOBILE LIABILITY
WHICH IS EXCESS OF
SELF INSURED
RETENTION
TBA EMPLOYERS LIABILITY
JUNE 23, 1978
THE EFFECTIVE DATE OF THIS ENDORSEMENT IS
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF UP 50 07 95
ISSUED TO:
CITY OF NEWPORT BEACH
BROKER /AGENT:
H & W INSURANCE
ADDRESS: 18255 VENTURA BLVD.,
ENCINO, CALIFORNIA 91436
DATE OF ISSUE: BY END NO.
BSIS 70 6/28/78 LU /RV /jo 1
$900,000 BODILY INJURY
AND PROPERTY DAMAGE
C014BINED SINGLE LIMIT
EACH OCCURRENCE AND
IN THE AGGREGATE
WHERE APPLICABLE
$100,000 EACH OCCURRENCE
$100,000. ONE ACCIDENT
AT LOS ANGELES, CALIFORNIA
J
BY
MCCALA & SHOOP INSURANCE SERVICES
0
CANCELLATION FOR
NON - PAYMENT OF PREMIUM
It is agreed that irrespective of any other terms or conditions contained in this
policy or endorsements attached thereto, this policy may be cancelled by the
company, or by Baccala & Shoop Insurance Services, in their behalf, for non-
payment of any unpaid portion of the premium by delivering to the insured or by
sending to the insured by mail, registered or unregistered, at the insured's
address as shown herein, not less than ten days written notice stating when the
cancellation shall be effective.
All other terms and conditions remain unchanged.
The effective date of this endorsement is JUNE 23, 1978
This endorsement is attached to and made a part of Policy No. UP 50 07 95
Issued To: CITY OF NEWPORT BEACH
Broker /Agent:
H &W INSURANCE
Address: 16255 VENTURA BLVD., ENCINO, CALIF. 91436
Date of Issue: 6/28/78
END. No: 2
BY
Baccala & Shoop Insurance Services
BSIS 34
KIND
•
EMPLOYEE RETIREMENT AND INCOME
•
IN CONSIDERATION OF THE PREMIUM CHARGED, SUCH INSURANCE AS
IS AFFORDED BY THIS POLICY SHALL NOT APPLY WITH RESPECT TO
ANY CLAIM OR CLAIMS BROUGHT ABOUT AS A RESULT OF ANY VIOLA-
TION OF ANY RESPONSIBILITIES, OBLIGATIONS OR DUTIES IMPOSED
UPON FIDUCIARIES BY THE EMPLOYEE RETIREMENT AND INCOME SE-
CURITY ACT OF 1974 OR AMENDMENT THERETO.
THE EFFECTIVE DATE OF THIS ENDORSEMENT IS JUNE 23, 1978 AT IDS ANGELES, CALIFORNIA
ALL OTHER TERNS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT IS ATTACHED TO AND MADE APART OF POLICY NO. UP 50 07 95
CITY OF NEWPORT BEACH
ISSUED TO:
H & W INSURANCE
t BROKER /AGENT: 16255 VENTURA BLVD.,
ENCINO, CALIFORNIA 91436
1 ADDRESS:
DATE OF ISSUE: 6/28/78
�IS 3011 pgINTLp IN Y.Y.A.
1
BY LU /RV /jO END. NO. 3
� � I
By�
BACCAIA & SHOOP INSURANCE SERVICES
KIND, _. • •
1
PUNITIVE DAMAGES LIMITATION
IT IS AGREED THAT THIS POLICY DOES NOT APPLY TO LIABILITY FOR PUNITIVE
OR EXEMPLARY DAMAGES UNLESS SUCH LIABILITY IS COVERED BY VALID AND
COLLECTIBLE UNDERLYING INSURANCE AS LISTED IN THE SCHEDULE OF UNDER-
LYING INSURANCE, FOR THE FULL L114IT SHOWN THEREIN, AND THEN ONLY FOR
SUCH HAZARDS FOR WHICH COVERAGE IS AFFORDED UNDER SAID UNDERLYING
INSURANCE.
THE EFFECTIVE DATE OF THIS ENDORSEMENT IS JULIE 23 , 1978
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. UP 50 07 95
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF
CITY OF NEWPORT BEACH
ISSUED TO:
H & W INSURANCE
BROKER /AGENT: 16255 VENTURA BLVD.,
ENCINO, CALIFORNIA 91436
ADDRESS
6/28/78 LU /RV /jo 4
DATE OF ISSUE: BY END NO.
BS15 70
AT LOS ANGELES, CALIFORNIA
BY !� j &J
BACCALA SHOOP INSURANCE SERVICES
KIND • •
AIRCRAFT LIABILITY EXCLUSION ENDORSEMENT
IN CONSIDERATION OF THE REDUCED PREMIUM CHARGED, IT IS AGREED
THAT THE INSURANCE AFFORDED BY THIS POLICY SHALL NOT APPLY
WITH RESPECT TO LIABILITY ARISING OUT OF THE OWNERSHIP, MAIN-
TENANCE, OPERATION, USE, LOADING OR UNLOADING OF ANY AIRCRAFT.
JUNE 23, 1978
THE EFFECTIVE DATE OF THIS ENDORSEMENT IS AT LOS ANGELES, CALIFORNIA
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. UP
THIS ENDORSEMENT IS ATTACHED TO AND MADE APART OF POLICY NO. 50 07 95
ISSUED TO:'
CITY OF NEWPORT BEACH
BROKER /AGENT:
H & W INSURANCE
ADDRESS: 16255 VENTURA BLVD.,
ENCINO, CALIF. 91436
DATE OF ISSUE: By END.NO.
6/28/78 LU /RV /jo 5'
1, 5064 PRINT. IN II.Y.I..
•�• INSURANCE SERVICES
C,
J
KIND
BUS LIABILITY EXCLUSION
•
IN CONSIDERATION OF THE REDUCED PREMIUM CHARGED, IT IS AGREED THAT THE INSURANCE
AFFORDED BY THIS POLICY SHALL NOT APPLY WITH RESPECT TO LIABILITY ARISING OUT OF THE
OWNERSHIP, MAINTENANCE, USE, OPERATION, LOADING OR UNLOADING OF ANY BUS WHILE
AWAY FROM PREMISES OWNED BY, RENTED TO OR IN THE CARE, CUSTODY OR CONTROL OF
THE INSURED.
JUNE 23, 1978
THE EFFECTIVE DATE OF THIS ENDORSEMENT IS
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF UP 50 07 95
ISSUED TO: CITY OF NEWPORT BEACH
BROKER /AGENT: H & W INSURANCE
�
1y6255 VENTURA BLVD.,
ADDRJOCINO, CALIF. 91436
DATE OF ISSUE: 6/28/78 BY LU /RV /jo END NO. 6
BSIS 70
AT LOS ANGELES, CALIFORNIA
BY
BACCALA SHOOP INSURANCE SERVICES
AMENDATORY ENDORSEMENT
FOR
MUNICIPALITIES
I. Except insofar as coverage is available to the Insured in the under-
lying- insurance (s) as set out in the Schedule of Underlying Insur-
ance of this policy, or any renewals or replacements thereof, it is
agreed that this policy does not apply to:
1. Personal Injury arising out of any of the following:
a. false arrest, detention or imprisonment, malicious
prosecution or humiliation;
b. libel, slander, defamation or violation of right
of privacy;
c. wrongful entry or eviction, or other invasion of
right of private occupancy;
d. discrimination;
e. disability, shock, mental anguish or mental injury.
2. Property Damage arising out of:
a. the Explosion Hazard;
b. the'Collapse Hazard;
c. the Underground Property Damage Hazard.
3. Any.claim arising out of any actual or alleged error or mis-
statement or act or omission or breach of duty, including
misfeasance, malfeasance and non— feasance by any Insured.
4. Any claim arising out of any error or omission, malpractice or
mistake of a professional nature committed or alleged to have
been committed by or on behalf of the Insured in the conduct of
the Insured's activities as a Paramedic.
I
J�
I
S.. Any claim.arising out of mob action, riot or civil commotion, or
out of any act or omission in connection with the prevention or
suppression of any of the foregoing.
l
. r
THE EFFECTIYEDATEOFTHIS ENDORSEMENT IS .TUNE 231 1978 AT
ALLOTHERTERMS ANDCONOITIONS REMAIN UNCHANGED. LOS ANGELES, CALIFORNIA
THIS ENDORSEMENT IS ATTACHED TOAND MADE A FARTOF
UP 50 07 95
IssuEDTo: CITY OF NEWPORT BEAM
GRORER /AOENTs H & W INSURANCE
ADDRCSa: 16255 VENTURA BLVD.,
ENCINO, CALIFORNIA 91436
DATE OF ISSUE: . By
6/28/78 LU /RV /j0
�V by .��w.r .r M.•
END. NO. BT
1 of 2 BACCALA & SHOOP INSURANCE SERVICES.
6. Any claim arising out of the ownership, maintenance, repair or
control of streets, sidewalks, culverts or bridges.
II. It is agreed that this policy shall not apply to:
1. Any claims arising out of the rendering or failure to render a
professional service by any physician, surgeon, dentist or nurse;
but this exclusion shall not apply to Paramedics.
2. Bodily injury or property.damage arising out of or contributed.
by any partial or complete interruption or impairment of water
service.
3. The ownership, maintenance or use of any:
a. .Airport or aircraft;
b. hospital, medical or dental clinic;
c. electric utility
and operations and premises connection therewith.
4. Any claims for loss or damage or any liability of any and all
Insureds arising out of or in any way connected with the ap-
plications of the principles of eminent domain, condemnation
proceedings, retroactive condemnation, inverse condemnation or
reverse condemnation, or whatever name called regardless of
whether such claims are made directly against the Insured or
by virtue of any agreement entered into by or on behalf of
the Insured.
III. It _�s agreed that any reference made to the Company's aggregate
(total) limit (s) of liability, in inem II of the Insuring Agree -
ments and set out in item 2 (b) of the Declarations, shall also
,apply to_ liability for one or more occurrences arising out of:
1.. Municipal Errors and Omissions Liability.
2. . Paramedic.Professional Liability.
All other terms, conditions and covenants of this policy remain unchanged.
THE EFFECTIVE DATEOF THIS ENDORSEMENT /S JUNE 23, 1976
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
THIS ENDORSEMENT Is ATTACHED TO AND MADE APART OF
ISSUEDTO: CITY OF NEWPORT BEACH
BROKER /AGENT: H & W INSURANCE
16255 VENTURA BLVD.,
ADDRESS: ENCINO, CALIFORNIA 91436
DATEOFISSUE: 6/28/78 BY LU /RV /jo -END-No. 7
2 of 2
LOS ANGELES, CALIFORNIA
AT
UP 50 07.95
i
Br
BACCALA & SHOOP INSURANCE SERVICES
KIND • • }
PREMIUM PAYMENT ENDORSEMENT
IT IS UNDERSTOOD AND AGREED THAT THE DEPOSIT PREMIUM FOR COVERAGE AFFORDED
HEREUNDER IS $68,500.
IT IS FURTHER UNDERSTOOD AND AGREED THAT THIS POLICY SHALL BE ADJUSTABLE
AT EXPIRATION AT A RATE OF $.544 PER $100. OF PAYROLL, SUBJECT TO A
MINIMUM PREMIUM OF $68,500.
THE EFFECTIVE DATE OF THIS ENDORSEMENT IS JUNE 23, 1978
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
UP 50 07 95
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF
CITY OF NEWPORT BEACH
ISSUED TO:
BROKER /AGENT: H & W INSURANCE
16255 VENTURA BLVD.,
ADDRESS: ENCINO, CALIFORNIA 91436
DATE OF ISSUE: BY
BSIS 70 6/28/78 LU /RV /jo
I
AT LOS ANGELES, CALIFORNIA
END NO. BY "
8 BACCALA SHOOP I URANCE SERVICES
KIND
AMENDATORY ENDORSEMENT
IT IS HEREBY UNDERSTOOD AND AGREED THAT ITEM 3 OF THE POLICY DECLARATIONS,
THE POLICY PERIOD IS AMENDED TO READ:
BEGINNING AT 12:01 A.M. ON THE 25th DAY OF JUNE 1978
AND ENDING AT 12:01 A.M. ON THE 25th DAY OF JUNE 1979
JUNE 25th., 1978
THE EFFECTIVE DATE OF THIS ENDORSEMENT IS
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. UP 50 07 95
THIS ENDORSEMENT IS ATTACHED TO AND MADE A PART OF
ISSUED TO: CITY OF NEWPORT BEACH
BROKER /AGENT: H & W INSURANCE SERVICES
ADDRESS: 16255 VENTURA BLVD., SUITE 406,
ENCINO, CALIFORNIA 91436
DATE OF ISSUE: BY END NO.
7/6/78 LU /RV /jo 9
BSIS 70
AT LOS ANGELES, CALIFORNIA
BY
BACCALA & SHOOP INSURANCE SERVICES
Insert D rations Page Form and Endorsements he�6,
(b) when all operations to be performed by or on behalf of the Named Assured
at the site of the operations have been completed, or
(c) when the portion of the work out of which the injury or damage arises has
been put to its intended use by any person or organization other than
another contractor or subcontractor engaged in performing operations for
• a principal as part of the same project.
'operations which may require further service or maintenance work, or correction,
repair or replacement because of any defect or deficiency, but which are otherwise
complete, shall be deemed completed.
' The Completed Operations Hazard does not include bodily injury or property damage
arising out of
(a) operations in connection with the transportation of property, unless the
bodily injury or property damage arises out of a condition in or on a vehicle
created by the loading or unloading thereof,
(b) the existence of tools, uninstalled equipment or abandoned or unused
materials.
11. ANNUAL PERIOD —
The term "Annual Period" shall mean each consecutive period of one year commencing
from the inception date of this Policy.
THIS POLICY IS SUBJECT TO THE FOLLOWING EXCLUSIONS:
This Policy shall not apply: —
(a) to any obligation for which the Assured and any company as its insurer may be
held liable under any Workmen's Compensation, unemployment compensation
or disability benefits law provided, however, that this exclusion does not apply
to liability of others assumed by the Named Assured under contract or agree-
ment;
(b) to personal injury, property damage or advertising injury arising out of the
conduct of any partnership or joint venture of which the Assured is a partner
or member and which is not designated in this policy as a Named Assured;
(c) to loss of use of tangible property which has not been physically injured or
destroyed resulting from:
(1) a delay in or lack of performance by or on behalf of the Named Assured, of
any contract or agreement, or
(2) the failure of the Named Assured's products or work performed by or
on behalf of the Named Assured to meet the level of performance, quality,
fitness or durability warranted or represented by the Named Assured;
but this exclusion does not apply to loss of use of other tangible property
resulting from the sudden and accidental physical injury to or destruction of
the Named Assured's products or work performed by or on behalf of the
Named Assured after such products or work have been put to use by any person
or organization other than an Assured;
(d) to property damage to the Named Assured's products arising out of such
products or any part of such products;
(e) to property damage to work performed by or on behalf of the Named Assured
arising out of the work or any portion thereof, or out of materials, parts or
equipment furnished in connection therewith;
(f) to damages claimed for the withdrawal, inspection, repair, replacement or
loss of use of the Named Assured's producrs or work completed by or for the
Named Assured or of any property of which such products or work form a part,
if such products, work or property are withdrawn from the market or from use
because of any known or suspected defect or deficiency therein;
(g) with respect to advertising activities, to claims made against the Assured for:
(1) failure of performance of contract, but this shall not relate to claims for
unauthorized appropriation of ideas based upon alleged breach of an
implied contract;
(2) infringement of registered trade marks, service mark or trade name by
use thereof as the registered trade mark, service mark or trade name of
goods or services sold, offered for sale or advertised, but this shall not
relate to titles or slogans;
(3) incorrect description of any article or commodity;
(4) mistake in advertised price;
(h) except in respect of occurrences taking place in the United States of America,
its territories or possessions, or Canada, to any liability of the Assured directly
or indirectly occasioned by, happening through or in consequence of war,
invasion, acts of foreign enemies, hostilities (whether war be declared or not),
civil war, rebellion, revolution, insurrection, military or usurped power or
confiscation or nationalisation or requisition or destruction of or damage to
property by or under the order of any government or public or local authority;
(i) to any liability arising out of the violation of any statute, law, ordinance or
regulation prohibiting discrimination or humiliation because of race, creed,
colour or national origin;
(j) to bodily injury or property damage arising out of the discharge, dispersal,
release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals,
liquids or gases, waste materials or other irritants, contaminants or pollutants
into or upon land, the atmosphere or any watercourse or body of water; but
this exclusion does not apply if such discharge, dispersal, release or escape
is sudden and accidental;
(k) in respect to family protection (uninsured motorist) coverage as provided by
the Primary Insurer.
(3)
Except insofar as coverage is available to the Assured in the underlying insurances as
set out in the attached Schedule, this policy shall not apply:
(1) to the liability of any Assured hereunder for assault and battery committed
by or at the direction of such Assured except liability for Personal Injuries
resulting from any act alleged to be assault and battery committed for the
purpose of preventing or eliminating danger in the operation of aircraft, or
for the purpose of preventing Personal Injuries or Property Damage; it being
understood and agreed that this exclusion shall not apply to the liability of
the Named Assured for personal injury to their employees, unless such
liability is already excluded under Exclusion (a) above;
(m) with respect to any aircraft owned by the Assured except liability of the Named
Assured for aircraft not owned by them; it being understood and agreed that
this exclusion shall not apply to the liability of the Named Assured for personal
injury to their employees, unless such liability is already excluded under
Exclusion (a) above;
(n) with respect to any watercraft owned by the Assured, while awayfrom premises
owned, rented or controlled by the Assured, except liability of the Named
Assured for watercraft not owned by them, it being understood and agreed
that this exclusion shall not apply to the liability of the Named Assured for
personal injury to their employees, unless such liability is already excluded
from Exclusion (a) above;
(o) to any employee with respect to injury to or the death of another employee
of the same Employer injured in the course of such employment.
(p) NUCLEAR INCIDENT EXCLUSION CLAUSE — LIABILITY— DIRECT (BROAD)
The insurance afforded under and liability coverage of this Policy does not
apply:
I. Under any Liability Coverage, to injury, sickness, disease, death or
destruction
(a) with respect to which an insured under the Policy is also an insured
under a nuclear energy liability policy issued by Nuclear Energy
Liability Insurance Association, Mutual Atomic Energy Liability
Underwriters or Nuclear Insurance Association of Canada, or would
be an insured under any such policy but for its termination upon
exhaustion of its limit of liability; or
(b) resulting from the hazardous properties of nuclear material and with
respect to which (1) any person or organization is required to main-
tain financial protection pursuant to the Atomic Energy Act of 1954,
or any law amendatory thereof, or (2) the insured is, or had this
Policy not been issued would be, entitled to indemnity from the
United States of America, or any agency thereof, under any agree-
ment entered into by the United States of America, or any agency
thereof, with any person or organization.
II. Under any Medical Payments Coverage, or under any Supplementary
Payments Provision relating to immediate medical or surgical relief, to
expenses incurred with respect of bodily injury, sickness, disease or
death resulting from the hazardous properties of nuclear material and
arising out of the operation of a nuclear facility by any person or organi-
zation.
III. Under any Liability Coverage, to injury, sickness, disease, death or
destruction resulting from the hazardous properties of nuclear material, if
(a) the nuclear material (l) is at any material facility owned by, or
operated by or on behalf of, an insured or (2) has been discharged
or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at any time
possessed, handled, used, processed, stored, transported or disposed
of by or on behalf of an insured; or
(c) the injury, sickness, disease, death or destruction arises out of the
furnishing by an insured of services, materials, parts or equipment
in connection with the planning, construction, maintenance, operation
or use of any nuclear facility, but if such facility is located within the
United States of America, its territories or possessions or Canada,
this exclusion (c) applies only to injury to or destruction of property
at such nuclear facility.
IV. As used in this endorsement:
"Hazardous Properties" include r adioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or
byproduct material; "source material ", and "byproduct material" have
the meanings given them in the Atomic Energy Act of 1954 or in any law
amendatory thereof; "spent fuel" means any fuel element or fuel com-
ponent, solid or liquid, which has been used or exposed to radiation In a
nuclear reactor; "waste" means any waste material (1) containing by.
product material and (2) resulting from the operation by any person or
organization of any nuclear facility included within the definition of
nuclear facility under paragraph (a) or (b) thereof, "nuclear facility"
means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the
isotopes of uranium or plutonium, (2) processing or utilizing spent
fuel, or (3) handling, processing or packaging waste,
(c) any equipment or devise used for the processing, fabricating or
alloying of special nuclear material if at anytime the total amount
of such material is in the custody of the insured at the premises
where such equipment or device is located consists of or contains
more than 25 grams of plutonium or uranium 233 or any combination
thereof, or more than 250 grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared or used
for the storage of or disposal of waste.
and includes the site on which any of the foregoing is located, all operations
conducted on such site and all premises used for such operations; "nuclear
reactor" means any apparatus designed or used to sustain nuclear fission
in a self - supporting chain reaction or to contain a critical mass of fission
able material.
With respect to injury to or destruction of property, the word "injury" or "destruction"
includes all forms of radioactive contamination of property.
THIS POLICY IS SUBJECT TO THE FOLLOWING CONDITIONS —
A. PREMIUM —
Unless otherwise provided for the premium for this Policy is a flat premium and is
not subject to adjustment except as provided in Conditions B and P.
B. ADDITIONAL ASSUREDS-
In the event of additional assureds being added to the coverage under the Underlying
Insurances during currency hereof prompt notice shall be given to the Company hereon
who shall be entitled to charge an appropriate additional premium hereon.
C. PRIOR INSURANCE AND NON CUMULATION OF LIABILITY —
It is agreed that if any loss covered hereunder is also covered in whole or in part under
any other excess policy issued to the Assured prior to the inception date hereof the
limd of liability hereon as stated in Item 2 of the Declarations shall be reduced by any
amounts due to the Assured on account of such loss under such prior insurance.
D. SPECIAL CONDITIONS APPLICABLE TO OCCUPATIONAL DISEASE —
As regards personal injury (fatal or non - fatal) by occupational disease sustained by
any employee of the Assured, this policy is subject to the same warranties, terms and
conditions (except as regards the premium, the amounts and limits of liability and the
renewal agreement, if any) as are contained in or as may be added to the underlying
insurances prior to the happening of an occurrence for which claim is made hereunder.
E. INSPECTION AND AUDIT —
The Company shall be permitted but not obligated to inspect the Assured's property
and operations at any time. Neither the Company's right to make inspections nor the
making thereof nor any report thereon shall constitute an undertaking on behalf of or
for the benefit of the Assured or others, to determine or warrant that such property or
operations are safe.
The Company may examine and audit the Assured's books and records at any time
during the policy period and extensions thereof and within three years after the final
termination of this policy, as far as they relate to the subject matter of this insurance.
F. CROSS LIABILITY —
In the event of claims being made by reason of personal injury suffered by any employee
of one Assured hereunder for which another Assured hereunder is or may be liable,
then this policy shall cover such Assured against whom a claim is made or may be made
in the same manner as if separate policies had been issued to each Assured hereunder.
In the event of claims being made by reason of damage to property belonging to any
Assured hereunder for which another Assured if or may be, liable then this policy
shall cover such Assured against whom a claim is made or may be made in the same
manner as if separate policies had been issued to each Assured hereunder.
Nothing contained herein shall operate to increase the Company's limit of liability
as set forth in Insuring Agreement ll.
G. NOTICE OF OCCURRENCE —
Whenever the Assured has information from which the Assured may reasonably conclude
that an occurrence covered hereunder involves injuries or damages which, in the event
that the Assured should be held liable, is likely to involve this policy, notice shall be
sent as stated in Item 4 of the Declarations as soon as practicable, provided, however,
that failure to give notice of any occurrence which at the time of its happening did not
appear to involve this policy but which, at a later date, would appear to give rise to
claims hereunder, shall not prejudice such claims.
H. ASSISTANCE AND CO-OPERATION —
The Company shall not be called upon to sasume charge of the settlement or defense
of any claim made or suit brought or proceeding instituted against the Assured but
the Company shall have the right and shall be given the opportunity to associate with
the Assured or the Assured's underlying insurers, or both, in the defense and control
of any claim, suit or proceeding relative to an occurrence where the claim or suit involves,
or appears reasonably likely to involve the Company, in which event the Assured and
the Company shall co- operate in all things in the defense of such claim, suit or proceeding.
I. APPEALS-
. 'In the event the Assured or the Assured's underlying insurers elect not to appeal a
,judgment in excess of the underlying limits, the Company may elect to make such
appeal at their own cost and expense, and shall be liable for the taxable costs and dis-
bursements and interest on judgments incidental thereto, but in no event shall the
liability of the Company for ultimate net loss exceed the amount set forth in Insuring
. Agreement 11 for any one occurrence and in addition the cost and expense of such appeal.
J. LOSS PAYABLE —
Liability under this policy with respect to any occurrence shall not attach unless and
until the Assured, or the Assured's underlying insurer, shall have paid the amount of
the underlying limits on account of such occurrence. The Assured shall make a definite
claim for any bss for which the Company may be liable undeepolicy within twelve
(4).
(12) months after the Assured shall have paid an amount of ultimate net loss in excess
of the amount borne by the Assured or after the Assured's liability shall have been
fixed and rendered certain either by final judgment against the Assured after actual
trial or by written agreement of the Assured, the claimant, and the Company. If any
subsequent payments shall be made by the Assured on account of the same occurrence,
additional claims shall be made similarly from time to time. Such losses shall be due and
payable within thirty (30) days after they are respectively claimed and proven in con-
formity with this policy.
K. BANKRUPTCY AND INSOLVENCY —
In the event of the bankruptcy or insolvency of the Assured or any entity comprising
the Assured, the Company shall not be relieved thereby of the payment of any claims
hereunder because of such bankruptcy or insolvency.
L. OTHER INSURANCE -
Vother valid and coflectible insurance with any other insurer is available to the Assured
covering a loss also covered by this policy, other than insurance that is specifically stated
to be excess of this policy, the insurance afforded by this policy shall be in excess of
and shall not contribute with such other insurance. Nothing herein shall be construed
to make this policy subject to the terms, conditions and limitations or other insurance.
M. SUBROGATION —
Inasmuch as this policy is "Excess Coverage ", the Assured's right of recovery against
any person or other entity cannot be exclusively subrogated to the Company. It is,
therefore, understood and agreed that in case of any payment hereunder, the Company
will act in concert with all other interests (including the Assured) concerned, in the
exercise of such rights of recovery. The apportioning of any amounts which may be so
recovered shall follow the principle that any interests (including the Assured) that shall
have paid an amount over and above any payment hereunder, shall first be reimbursed
up to the amount paid by them; the Company is then to be reimbursed out of any balance
then remaining up to the amount paid hereunder; lastly, the interests (including the
Assured) of whom this coverage is in excess are entitled to claim the residue, if any.
Expenses necessary to the recovery of any such amounts shall be apportioned between
the interests (including the Assured) concerned, in the ratio of their respective recoveries
as finally settled.
N. CHANGES —
Notice to or knowledge possessed by any person shall not effect a waiver or change
in any part of this policy or stop the Company from asserting any right under the terms
of this policy; nor shall the terms of this policy be waived or changed, except by en-
dorsement issued to form a part hereof, signed by the Company or its representatives.
0. ASSIGNMENT —
Assignment of interest under this policy shall not bind the Company unless and until
its consent is endorsed hereon.
P. CANCELLATION —
This policy may be cancelled by the Named Assured by surrender thereof to the
Company or its representatives or by mailing to the Company or its representatives
written notice stating when thereafter the cancellation shall be effective. This policy
may be cancelled by the Company or its representatives by sending by registered mail
notice to the Named Assured stating when, not less than thirty (30) days thereafter,
cancellation shall be effective. The mailing of notice as aforesaid by the Company or its
representatives to the Named Assured at the address shown in this policy shall be
sufficient proof of notice, and the insurance under this policy shall end on the effective
date and hour of cancellation stated in the notice. Delivery of such written notice either
by the Named Assured or by the Company or its respective representatives shall be
equivalent to mailing.
It is agreed that irrespective of any other items or conditions contained in this policy
or endorsements attached thereto, this policy may be cancelled by the Company or its
representatives for non - payment of any unpaid portion of the premium by delivering to
the Named Assured or by sending to the Named Assured by registered mail, at the Named
Assured's address as shown herein, not less than ten days' written notice stating when
the cancellation shall be effective.
If this policy shall be cancelled by the Named Assured the Company shall retain the
customary short rate proportion of the premium for the period this policy has been in
force. If this policy shall be cancelled by the Company the Company shall retain the pro
rata proportion of the premium for the period this policy has been in force. Notice of
cancellation by the Company shall be effective even though the Company makes no
payment or tender of return premium with such notice.
Q. CURRENCY —
The premium and losses under this policy are payable in the currency stated in Item 5
of the Declarations. Payment of Premium shall be made as stated in Item 6 of the Dec-
larations.
R. CONFLICTING STATUTES —
In the event that any provision of this policy is unenforceable by the Assured under
the laws of any State or other jurisdiction wherein it is claimed that the Assured is
liable for any injury covered hereby, because of non - compliance with any statute thereof,
then this policy shall be enforceable by the Assured with the same effect as if it complied
with such Statute.
S. MAINTENANCE OF AND RESTRICTIONS IN UNDERLYING INSURANCES —
It is a condition of this policy that the policy or policies referred to in the attached
"Schedule of Underlying Insurances" shall be maintained in full effect during the policy
period without reduction of coverage or limits except for any reduction of the aggregate
limit or limits contained therein solely by payment of claims in respect of accidents
and /or occurrences occurring during the period of this policy. Failure of the Named
Assured to comply with the foregoing shall not invalidate this policy but in the event of
such failures, the Company shall only be liable to the same extent as they would have
been had the Named Assured ed with the same condition.
RESOLUTION NO. 9 39 1
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
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 fot a
_ x
one year period commencing June 25, 1978, and continuing
through.June 25, 1979.
BE IT FURTHER RESOLVED that all funds set aside
for payment Iof 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
dm
DDO /cr
6/22/78