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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�­. a Id (9L N W 6'l W .v s w paluud if A:)nod dnoA QV3a 3SV31d SIONIMI 'OOVOIHO I.NVdW00 30NvHnSNI d01 3NId - �l a AJIIOd A11119VI1 V113N9wn LL099 euoz!JV `x!uaoyd [N)V OOZ al!ng jamol punoy,(aj0 ao!l ;O an!3EJ1SIu!wpV uo!leiodjoo punogAWE) ayl ;o /jelp!sgnS V SIONI�II `O`JVOIHO AN`ddW00 30NvunSNI d01 3NId )Q01S V a 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