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HomeMy WebLinkAboutC-2167 - Comprehensive Public Liability Insurance Coverage (1980-81)J This policy shall not be valid unless countersigned by a duly authorized agent of this Cfe ������ Countersigned by / Authorized Agee Authorized Agent 'COMMERCIAL UMBRE LIABILITY POLICY CNA Plaza �~ Chicago, Illinois 60685 em • ' Di IONS INSURANCE IS PROVIDED BY THE COMPANY DESIGNATED BELOW (A stock insurance company, herein called the company) PREFtx POLICY NUMBER IMF uMB 006 19'66 30 ❑ Continental Casualty Company NAMED INSURED 8 ADDRESS: (No.. Street. Town, State. Zip. County) ❑ National Fire Insurance Company of Hartford CITY OF NEWPORT BEACH ❑ American Casualty Company of Reading, Pa. 3300 NEWPORT BOULEVARD ❑ Transportation Insurance Company NEWPORT BEACH, CALIFORNIA 92660 ® Transcontinental Insurance Company INSURED IS: ❑Individual ❑Corporation ❑Partnership ❑ Valley Forge Insurance Company ❑Joint Venture ©Other: MUNICIPALITY 2. Policy Period: STANDARD T?ME 04 -01 -80 TO 04 -01 -83 A.M. DD ADDRESS OF THE INSURED. 3. Limit of Liability $ 9, 000, 000 each occurrence $ 9,000,000 aggregate / ! 4. Re ned Limit The Business of the Named Insured is: c� 10 000, �y9� CITY 5. SCHEDULE OF UNDERLYING INSURANCE UNDERLYING INSURER UNDERLYING INSURANCE LIMIT OF LIABILITY POLICY NUMBER 8 POLICY PERIOD COVERAGES EACH ` GENERAL LIABILITY OCCURRENCE AGGREGATE TRANSCONTINENTAL INSURANCE CO. #SXP 358 42 78 Combined Bodily Injury and Property Damage Liability 900,000 UCESS 900 000 EXCESS $100,000 04 -01 -80 TO 83 $100 000 R SIR Bodily Injury Liability $ $ Property Damage Liability is $ AUTOMOBILE LIABILITY EACH PERSON EACH ACCIDENT TRANSCONTINENTAL INSURANCE CO. Combined Bodily Injury and 900,000 EXCESS #SXP 358 42 78 Property Damage Liability $ OF $100,000 SIR 04 -01 -80 TO 83 Bodily Injury Liability $ $ Property Damage Liability $ EACH ACCIDENT EMPLOYERS' LIABILITY $ EXCLUDED 6. PREMIUM Premium Basis Estimated Exposure Rate Estimated Premium INCLUDED IN INCLUDED IN INCLUDED IN INCLUDED IN SXP 358 42 83 SXP 358 42 83 SXP 358 42 83 SXP 358 42 83 Advance Premium Minimum Premium Audit Period Is Annual Unless Noted. $ INCLUDED IN On Effective Date $ INCLUDED IN Annual $ SXP 358 42 83 $SXP 358 42 83 Policy Term INCLUDED IN SXP 358 42 83 $ 7. Forms and Endorsements made part of this policy at time of issue include: (Insert number and suffix) 5 -1, S -2, S -3, S -4, 6 Z -38, S -5 6 S -6 This policy shall not be valid unless countersigned by a duly authorized agent of this Cfe ������ Countersigned by / Authorized Agee Authorized Agent COMMERCIAL UMBRELLA LIABILITY IN CONSIDERATION OF THE PREMIUM CHARGED, IT IS UNDERSTOOD AND AGREED THAT PER ITEM NO.5, PAGE OF DECLARATIONS, THE SCHEDULE OF UNDERLYING INSURANCES IS AMENDED TO INCLUDE THE FOLLOWING: UNDERLYING INSURER UNDERLYING POLICY # 6 PERIOD INSURANCE COVERAGES LIMITS OF LIABILITY PURITAN INSURANCE CO. AIRCRAFT LIABILITY $5,000,000 EACH #H -25311 BODILY INJURY E OCCURRENCE 04/01/80 TO 81 PROPERTY DAMAGE LIABILITY COMBINED PASSENGER LIABILITY $500,000 EACH PERSON BODILY INJURY $500,000 EACH OCCURRENCE This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S-6 Must Be Completed ENOT. NO. POLICY NO. 7 UMB 006496630 INSURANCE FROM CNA Blank Endorsement G- 33461 -F PH/4 -7 -80 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by -�(0e', Authorized Agent 0 0 COMMERCIAL UMBRELLA LIABILITY EXCLUSION OF EMPLOYER'S LIABILITY COVERAGES A AND B IT IS AGREED THAT THIS INSURANCE DOES NOT APPLY UNDER COVERAGE A TO LOSS, AND UNDER COVERAGE B TO PERSONAL INJURY SUSTAINED BY ANY EMPLOYEE OF THE INSURED ARISING OUT OF AND IN THE COURSE OF HIS EMPLOYMENT BY THE INSURED OR TO ANY OBLIGATION OF THE INSURED TO INDEMNIFY ANOTHER BECAUSE OF LIABILITY ARISING OUT OF SUCH INJURY; BUT THIS EXCLUSION SHALL NOT APPLY WITH RESPECT TO LIABILITY ASSUMED BY THE INSURED UNDER A WRITTEN CONTRACT IF SUCH CONTRACT IS COVERED BY VALID AND COLLECTIBLE UNDERLYING INSURANCE AT THE LIMITS SHOWN IN THE SCHEDULE OF UNDERLYING INSURANCE. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S _ 5 Must Be Completed ENOT. NO. 6 POLICY NO. 1 UMB 006496630 INSURANCE FROM CNAPH /4 -8 -80 Blank Endorsement G- 33461 -F Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Authorized Agent 0 a • COMMERCIAL UMBRELLA LIABILITY IN CONSIDERATION OF THE PREMIUM CHARGED THE FOLLOWING AMEND- MENTS SHALL BE MADE TO THE POLICY JACKET: UNDER THE SECTION ENTITLED "PERSONS INSURED - COVERAGE B ": THE FOLLOWING WORDING SHALL BE INCORPORATED INTO THE POLICY JACKET: (A) THE NAMED INSURED; (B) THOSE INDIVIDUALS WHO WERE OR NOW ARE ELECTED OR APPOINTED OFFICIALS OF THE NAMED INSURED, INCLUDING MEMBERS OF ITS GOVERNING BODY OR ANY OTHER COMMITTEES, BOARDS OR COMMIS- SIONS OF THE NAMED INSURED, WHILE ACTING FOR OR ON BEHALF OF THE NAMED INSURED, PAST OR PRESENT EMPLOYEES OF THE NAMED INSURED WHILE ACTING FOR OR ON BEHALF OF THE NAMED INSURED. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company desigliated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Mu at Be Completed ENDT. NO. 5 POLICY NO. 1 UMB 006496630 1M #AMCF FRO& CNAPH 14 -4 -80 Blank Endorsement G- 33461 -F Complete Only When This Endorsement Is Not Prepared with the Polity Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Authorized Agent 1J COMMERCIAL UMBRELLA LIABILITY 0 AMENDMENT OF POLICY CANCELLATION PROVISIONS IT IS UNDERSTOOD AND AGREED THAT CONDITION 417 OF THIS POLICY IS AMENDED TO PROVIDE 60 DAYS WRITTEN NOTICE OF THE COMPANY'S INTENT TO CANCEL, EXCEPT IN CASE OF CANCELLATION FOR NONPAY- MENT OF PREMIUM, OR OF ANY INSTALLMENT OF PREMIUM DUE UNDER THIS POLICY; THE POLICY MAY BE CANCELLED BY THE COMPANY FOR NONPAYMENT BY MAILING TO THE INSURED NAMED IN THE DECLARATIONS AT THE LAST MAILING ADDRESS KNOWN TO THE COMPANY WRITTEN NOTICE OF CANCELLATION PROVIDED SUCH NOTICE IS MAILED NO LESS THAN TEN DAYS PRIOR TO THE EFFECTIVE DATE OF CANCELLATION. IT IS FURTHER AGREED THAT IN THE EVENT OF CANCELLATION NOTICE SHALL ALSO BE MAILED TO THE OFFICE OF THE CITY MANAGER; AND TEN CIO) DAY'S WRITTEN NOTICE OF CANCELLATION TO: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT #7 P.O. BOX 2304 LOS ANGELES, CALIFORNIA 90051 This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Z-38 Must Be Completed ENDT. NO. POLICY NO. 4 UMB 006496630 INSURANCE FROM caa Blank Endorsement G- 33461 -F PH/4 -4 -80 Complete Only When This Endorsement Is Not Prepared with the Polity Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT t - Countersigned by ,'40V Authorized Agent i 0 0 COMMERCIAL UMBRELLA LIABILITY MUNICIPALITY ENDORSEMENT IT IS AGREED THAT THE INSURANCE AFFORDED BY THIS POLICY SHALL NOT APPLY: A. TO LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, LOADING OR UNLOADING, USE OR OPERATION OF ANY AIRCRAFT, AIRFIELDS, RUNWAYS, HANGARS, BUILDINGS OR OTHER PROPERTIES IN CONNECTION WITH AVIATION ACTIVITIES. IT I'S FURTHER AGREED THAT THIS EXCLUSION DOES NOT APPLY TO THE HELI- COPTER WITH RESPECTS TO ITS LANDING ON POLICE HEADQUARTERS BUILDING OR OTHER PROPERTIES IN CONNECTION WITH AVIATION ACTIVITIES. B. TO BODILY INJURY OR PROPERTY DAMAGE DUE TO: 1. THE RENDERING OF OR FAILURE TO RENDER A. MEDICAL, SURGICAL, DENTAL, X -RAY OR NURSING SERVICE OR TREAT- MENT, OR THE FURNISHING OF FOOD OR BEVERAGES IN CONNECTION THEREWITH: B. ANY SERVICE OR TREATMENT CONDUCIVE TO HEALTH OR OF A PRO- FESSIONAL NATURE OR: C. ANY COSMETIC OR TONSORIAL SERVICE OR TREATMENT: 2. THE FURNISHING OF OR DISPENSING OF DRUGS OR MEDICAL, DENTAL OR SURGICAL SUPPLIES OR APPLIANCES: OR 3. THE HANDLING OF OR PERFORMING OF AUTOPSIES ON DEAD BODIES. IT IS FURTHER AGREED THAT THIS EXCLUSION DOES NOT APPLY TO PARAMEDICS, AS SPECIFICALLY SCHEDULED. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S-3 Must Be Completed ENDT. NO. POLICY NO- 3 MB 006496630 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT INSURANCE FROM CNA PH/4 -4 -80 Countersigned Authorized Agent Blank Endorsement G- 33461 -F 0 0 MUNICIPALITY ENDORSEMENT - (CONT.D) C. TO CLAIMS FOR LOSS OR DAMAGE OR ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PRINCIPLES OF EMINENT DOMAIN, CONDEMNATION PROCEEDINGS OR INVERSE CONDEMNATION BY WHATEVER NAME 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. D. TO LIABILITY ARISING OUT OF THE FAILURE TO SUPPLY A SPECIFIC AMOUNT OF ELECTRICAL POWER, FUEL OR WATER OR TO LIABILITY ARISING OUT OF THE INTERRUPTION OF THE ELECTRICAL POWER, FUEL OR WATER SUPPLY. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. POLICY NO. 3 CON WMB 006446630 INSURANCE FROM C/VAPH /4 -4 -80 Blank Endorsement G- 33461 -F Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by 44* e' Agent COMMERCIAL UMBRELLA LIABILITY IT IS UNDERSTOOD AND AGREED THAT THE COVERAGE AFFORDED UNDER THIS POLICY IS EXTENDED TO INCLUDE LIABILITY ARISING OUT OF: BIG CANYON DAM This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. 2 POLICY NO. UMB 0064CI6630 INSURANCE FROM PHA Blank Endorsement G- 33461 -F PH/4 -4 -80 Complete Only When This Endorsement Is Not Preps ed with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by ��'�y��•'•l� "� Authorized Agent 0 0 COMMERCIAL UMBRELLA LIABILITY ADDITIONAL INSURED ENDORSEMENT IT IS UNDERSTOOD AND AGREED THAT THE PERSON OR ORGANIZATION DESIG- NATED BELOW IS AN ADDITIONAL INSURED HEREUNDER, BUT ONLY AS RESPECTS OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED FOR SUCH PERSON OR ORGANIZATION SO DESIGNATED. ADDITIONAL INSURE THE STATE OF CALIFORNIA WITH RESPECTS TO THE THREE PROPERTIES LEASED BY THE CITY, LOCATED AT: 1) ACCOUNT 00020769- 001 -01 CLOCATION: SOUTH CORNER OF SEASHORE DRIVE AND 54TH STREET EASEMENT) 2) ACCOUNT #0018188- 001 -01 (LOCATION: NORTHEAST CORNER OF SEASHORE AND 54TH STREET EASEMENT) 3) ACCOUNT 4003674 - 001 -03 (LOCATION: PACIFIC COAST HIGHWAY AND NEWPORT BLVD. FENCED IN PARKING LOT) THE IRVINE COMPANY, LOCATED AT: 550 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 - WITH RESPECTS TO USE OF LAND WHERE AIR SAMPLES ARE COLLECTED, THE COUNTY OF ORANGE, LOCATED AT: COUNTY OF ORANGE, GENERAL SERVICES AGENCY /REAL ESTATE DIVISION, P.O. BOX 4106, SANTA ANA, CALIFORNIA 9270.2 - WITH RESPECTS TO OPERATIONS OF THE NAMED INSURED AT OR FROM PREMISES DEVELOPED FOR A MARINE FACILITY AT NEWPORT HARBOR PATROL HEADQUARTERS. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S-1 Must Be Completed ENDT. NO. 1 POLICY NO. UMB' 00.6-49666 30 INSURANCE F"Ar 57A VA Blank Endorsement G- 33461 -F PH/4 -4 -80 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to he Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Abthoriie—crAikent w THE COUNTY OF ORANGE, ITS OFFICERS AND EMPLOYEES, LOCATED AT: C.A.O. REVENUE SHARING, 511 NORTH SYCAMORE, SANTA ANA, CALIFORNIA 92701 - WITH RESPECTS TO THE REVENUE SHARING AGREEMENT OF 01-03-80. IT IS FURTHER AGREED THAT NOTHING CONTAINED HEREIN SHALL ACT TO INCREASE THE COMPANY'S LIMIT OF LIABILITY. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S -1 Must Be Completed EN DT. NO. POLICY NO. 1CONT. UMB 006496630 INSURANCE FROM Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Net to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT ON PH/4 -4 -80 Countersigned by Authorized Agent Blank Endorsement G- 33461 -F Z CNA • COMMERCIAL UMBRELLA LIABILITY POLICY The company designated in the declarations (a stock company, herein called the company) inconsideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the insured named in the declarations as follows: COVERAGE 1. COVERAGE A— EXCESS LIABILITY INDEMNITY The company will indemnify the insured for loss in excess of the total applicable limits of liability of underlying insurance stated in the schedule. The provisions of the immediate underlying policy are, with respect to Coverage A, incorporated as a part of this policy, except for any obligation to investi- gate and defend and pay for costs and expenses incident to any of the same, the amounts of the limits of liability, an "other insurance' provision and any other provisions therein which are inconsistent with this policy. In the event the obligation of the underlying in- surer(s) either to investigate and defend the in- sured, or pay the cost of such investigation and defense, ceases solely because of exhaustion of underlying limits of liability through payment of judgments and settlements, then the company shall with respect to damages otherwise covered under Coverage A, either (1) assume the duty of investigating and defending the insured against suits seeking damages, or • (2) if the company elects not to assume the duty described in (1) above, the company will reim- burse the insured for reasonable defense costs and expenses incurred with the written consent of the company, however, such reimbursement shall exclude office expenses of the insured, salaries and expenses of employees of the in- sured and general retainer fees of counsel re- tained by the insured. Amounts paid or incurred by the company pur- suant to the obligation to defend or pay the costs and expenses of such defense are included within, and not in addition to, the limit of liability stated in the declarations. When the company elects to assume the duty of investigating and defending the insured against suits seeking damages otherwise covered, the company shall have the right to make any settle- ment of any suit as it deems expedient. 2. COVERAGE S— EXCESS LIABILITY INDEMNITY OVER RETAINED LIMIT The company will indemnify the insured, with re- spect to any occurrence not covered by underly- ing insurance, or with respect to damages not covered by underlying insurance but which result from an occurrence covered by underlying insur- ance, for loss in excess of the insured's retained limit which the insured shall become obligated to pay as damages by reason of liability imposed upon the insured by law or assumed by the insured under any contract because of personal injury, property damage, or advertising injury to which this coverage applies, caused by an oc- currence. The company, with respect to an occurrence not covered in whole or in part by underlying insur- ance or for which there is no other insurance in any way applicable, shall have the right and duty to defend any suit against the insured seeking dam- ages on account of such personal injury, property damage or advertising injury, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expe- dient, but the company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments and settlements. If the company is prevented by law or otherwise from performing the obligation to defend set forth in this coverage, the company will reimburse the insured for reasonable defense costs and expenses incurred with the written consent of the company. Amounts paid or incurred by the company pur- suant to the obligation to defend set forth in this Coverage B are not subject to the retained limit stated in the declarations and also are in addition to the limit of the company's liability. 3. PERSONS INSURED— COVERAGE B Each of the following is an insured under Coverage B of this policy to the extent set forth below: (a) the named insured; (b) with respect to the ownership, maintenance or use, including loading or unloading thereof, of an automobile or watercraft (1) any partner or executive officer of the named insured, but with respect to a non - owned automobile or non -owned wa- tercraft only while such automobile or watercraft is being used in the business of the named insured, (2) any other person while using an owned au- tomobile or owned watercraft or a hired automobile or hired watercraft with the permission of the named insured, his actual operation or (if he is not operating) his other actual use thereof is within the scope of such permission, but with respect to per- sonal injury or property damage arising out of the loading or unloading thereof, such other person shall be an insured only if he is: (i) a lessee or borrower of the automobile or watercraft or (ii) an employee of the named insured or such lessee or borrower, Page 1 of 8 Pages (c) (d) (e) (f) (3) the owner or any person or organization from whom the named insured hires or bor- rows a trailer, but only while the trailer is connected to an owned automobile, (4) except with respect to watercraft, any other person or organization but only with respect to his or its liability because of acts or omis- sions of the named insured or an insured under (1) or (2) above. with respect to the maintenance or use, includ- ing the loading or unloading thereof, of a non - owned aircraft chartered with crew to the named insured (1) any executive officer, employee, director or stockholderof the named insured while act- ing within the scope of his duties as such, (2) if the named insured is designated in the declarations as a partnership or joint ven- ture, any member thereof but only with re- spect to his liability as such; except with respect to the ownership, mainte- nance or use, including the loading or unload- ing thereof, of an automobile, watercraft or aircraft (1) any executive officer, employee, director or stockholder of the named insured while act- ing within the scope of his duties as such, (2) if the named insured is designated in the declarations as a partnership or joint ven- ture, any member thereof but only with re- spect to his liability as such, and (3) any person or organization while acting as real estate manager for the named insured; any person or organization to whom the named insured is obligated by virtue of a written con- tract to provide insurance such as is afforded by this policy, but only with respect to operations by or on behalf of the named insured or to facilities of or used by the named insured. None of the following is an insured under Cover- age B (1) any person while engaged in the business of his employer with respect to personal in- jury to any fellow employee of such person injured in the course of his employment or property damage to property owned by the named insured, (2) any owner or lessee (of whom the named insured is a sub - lessee) of a hired auto- mobile or hired watercraft, or any agent or employee of such owner or lessee, (3) any person or organization while employed in or otherwise engaged in duties in con- nection with an automobile or watercraft business (other than such a business oper- ated by the named insured), (4) any person or organization from whom the named insured has chartered a non - owned aircraft with crew. (g) Coverage B does not cover the liability of the insured to a person or organization described under paragraph (f) above who is the indem- nitee in a "hold harmless" agreement signed by the insured in favor of such person or organiza- tion. (h) This insurance does not apply to personal in- jury, property damage or advertising injury arising out of the conduct of any partnership or joint venture of which the insured is or was a partner or member and which is not named as an insured in item 1 of the declarations. (i) The insurance afforded under Coverage 10 applies separately to each insured agains whom claim is made or suit is brought except with respect to the limits of the company's liabil- ity, and except with respect to an exclusion which refers to "any insured ". 4. EXCLUSIONS— COVERAGES A AND B In addition to the exclusions of the underlying in- surance, which are applicable to Coverage A, this policy does not apply under Coverage A and under Coverage B to: (a) claims arising out of: (1) allegations of or actual discrimination by any insured against a past or present employee or officer of any insured or against any appli- cant for employment with any insured, or (2) discrimination against any other person if committed by or with the consent or ac- quiescence of the insured against whom claim is made or suit is brought; (b) any obligation for which the insured or any car- rier as his insurer may be held liable under any workers' compensation, unemployment com- pensation or disability benefits law, or under any similar law; (c) personal injury or property damage, arising out of the discharge, dispersal, release or es- cape of smoke, vapors, soot, fumes, acids, al- kalis, toxic chemicals, liquids or gases, wast� materials or other irritants, contaminants or pol lutants into or upon land, the atmosphere or any watercourse or body of water; but this exclusion does not apply (1) if such discharge, dispersal, release or es- cape is sudden and accidental, or (2) if the personal injury or property damage results from radiation from a radioactive isotope not intentionally disposed of by any insured. S. EXCLUSIONS— COVERAGE A In addition to the exclusions included in Coverage Provision 4 this insurance does not apply under Coverage A to: (a) anywrongful act, erroror omission of, or breach of duty by, any insured in the performance of the office of director or officer of any organization, but this exclusion does not apply to personal injury, property damage or advertising injury as defined in this policy for Coverage B; (b) a violation or an alleged violation of the Em- ployees Retirement Income Security Act of 1974 or any amendment or addition thereto. 6. EXCLUSIONS — COVERAGE B In addition to the exclusions included in Coverage Provision 4, this insurance does not apply under Coverage B to: ff (a) personal injury or property damage due to war, whether or not declared, civil war, insurrec- tion, rebellion or revolution or to any act or con- dition incident to any of the foregoing with re- Page 2 of 8 Pages spect to liability assumed by t• insured under 7. LIMITS OF LIABILITY contract; Regardless of the number of (1) insureds under this (b) ropertydamageto policy, (2) persons or organizations who sustain damage or personal injury, property advertising 1) property owned by the insured, injury, (3) claims made or suits brought on account 1 (2) the namedinsured 'sproductsarisingoutof o personal injury, property damage or advertift such products or any part of such products, ing injury, (4) automobiles, aircraft or watercraft (3) work performed by or on behalf of the to which this policy applies or (5) coverages under named insured arising out of the work or which loss is insured in this policy, the company's any portion thereof, or out of materials, liability is limited as follows: parts or equipment furnished in connection therewith; Each occurrence—The limit of liability stated m item 3 of the declarations as applicable to "each (c) loss of use of tangible property which has not occurrence" is the limit of the company's liability for been physically injured or destroyed resulting all loss to which this policy applies as the result of from any one occurrence. (1) a delay in or lack of performance by or on behalf of the named insured of any contract With e immediate Coverage underlying policy applyfon ailbasis or agreement, or other than each occurrence (including but not lim- (2) the failure of the named insureds products other each accident, claim, incident, loss, or each or work performed by or on behalf of the common cause), then the "each occurrence" limit named insured to meet the level of perform- of liability applicable to Coverage A shall also apply once, quality, fitness or durability warranted on the same basis. or represented by the named insured; but this exclusion does not apply to loss of use of Aggregate— Subject to the above provision re- other tangible property resulting from the sudden specting and accidental physical injury to or destruction of company for all loss to which policy subparagraphs and the named insured's products or work performed described in any of the nu 9 ere ate" limit of liabhl- 1 by or on behalf of the named insured after such belowshallnotexceedthe "a g eg products or work have been put to use by any per- ity stated in item 3 of the declarations: son or organization other than an insured; (1) all personal injury and property damage in- (d) damages claimed by the named insured or any cluded within the products hazard and all per• claimant against the named insured for the sonal injury and property damage included withdrawal, inspection, repair, replacement, re- within the completed operations hazard; I • storation, removal, diminution in value or loss of (2) all occupational disease sustained by all em- use of the named insured's products or work ployees of insureds arising out of and in the completed by or for the named insured or any course of their employment; property of which such products or work forma g all loss caused by one or more occurrences part it such products, work or property are () arisin out of any hazard to which an aggregate withdrawn from the market or from use by the limit of liability applies in the underlying msur- named insured or any claimant against the ante. named insured because of any known or sus pected defect or deficiency therein; If this policy is issued for more than one year, this (e) damages arising out of a claim by a named "aggregate' limit of liability applies separately to if insured against another named insured here- each consecutive annual period of this policy or, e under for property damage to property rented the last consecutive period is less than twelve to, used by, or property in the care, custody or months, to such period of less than twelve months. control of the other named insured or as to With respect to Coverage A, if the applicable limit of which the other named insured is for any pur- liability of the underlying insurance is less than as pose exercising physical control when the stated in the schedule of underlying insurance be named insured is the owner or lessee of the cause the aggregate limit of liability of the underly- property; ing insurance has been reduced or exhausted, this (f) advertising injury, to damages resulting from policy becomes excess of such reduced limit of lia- (1) breach of contract other than an implied bility provided such reduction or exhaustion is contract to pay for the misappropriation of solely the result of injury or destruction occurring an idea, during this policy period, and not before. (2) infringement or misappropriation of a trade Additional Provisions mark, servicemark or tradename, (3) the incorrect description of any article or With respect to Coverage A, if the applicable limit of commodity or liability of the underlying insurance is greater than (4) mistake in advertised price; that stated in the schedule, this policy becomes (g) personal injury or property damage arising excess of such higher limits of liability. out of the ownership, maintenance, use, load- occurrence — Special Definition — "occurrence" }i ing or unloading of any aircraft, but this exclu- whereve r used in this Limits of Liability provision • sion does not apply to personal injury or prop- means the definition thereof contained in the "Def- for damage resulting from operations y independent per- initions" section of this policy and also means the formed for the named insured o independent definition thereof contained in the immediate un- contractors and arising out of non -owned air- derl in Policy. craft chartered with crew by or on behalf of the Y g P y named insured. Page 3 of 8 Pages lJ 8. POLICY PERIOD Coverage A —This coverage applies to injury or de- struction which occurs during this policy period in the places stated in the immediate underlying pol- icy; provided that when the immediate underlying policy insures occurrence taking place during its policy period, instead of injury or destruction taking place during its policy period, then this coverage likewise applies to occurrences taking place during this policy period. If any insurance provided by the 0 immediate underlying policy applies to claims first made against the insured during the policy period instead of injury or destruction taking place during the policy period, then this coverage likewis applies only to claims first made against the insure* during the policy period. Coverage B —This coverage applies to personal in- jury, property damage or advertising injury taking place during this policy period. DEFINITIONS Unless otherwise noted, the definitions apply only to Coverage B. When used in this policy (including endorsements forming a part thereof): "advertising injury" means: (1) the publication or utterance of a libel or slander or other defamatory or disparaging material or a pub- lication or utterance in violation of an individual's right of privacy; if not maliciously published or ut- tered by, at the direction of, or with the consent of theinsured, (2) the infringement of a copyright or the misappro- priation of an idea; if the infringement or misappro- priation is not done by, at the direction of, or with the consent of the insured with knowledge of the wrongful nature of the act, contained in any advertisement, publicity article, broadcast or telecast and arising out of any Insured's advertising activities; "aircraft" means any heavierthan air or lighter than air vehicle designed to transport persons or property in the air; "automobile" means a land motor vehicle, trailer or semi - trailer designed for travel on public roads but does not include mobile equipment; "automobile or watercraft business" means the busi- ness or occupation of selling, repairing, servicing, stor- ing or parking automobiles or watercraft; "bodily injury" means bodily injury, sickness or dis- ease, including death and care and loss of services resulting therefrom, sustained by any person; "completed operations hazard" includes personal 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 personal injury or property damage occurs after such opera- tions have been completed or abandoned and occurs away from premises owned by or rented to the named Insured. "Operations" include materials, parts or equipment furnished in connection therewith. Opera- tions shall be deemed completed at the earliest of the following times: (1) when all operations to be performed by or on be- half of the named insured under the contract have been completed, (2) when all operations to be performed by or on be- half of the named insured at the site of the opera- tions have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as apart of the same project. Operations which may require further service or maintenance work, or correction, repair or replace- ment because of any defector deficiency, butwhich are otherwise complete, shall be deemed completed. The completed operations hazard does not include personal injury or property damage arising out of (a) operations in connection with the transportation of property, unless the personal injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, or (b) the existence of tools, uninstalled equipment or abandoned or unused materials; "hired automobile or hired watercraft" means an automobile or watercraft not owned by the named insured which is used under contract in behalf of, or loaned to, the named insured, provided such auto- mobile or watercraft is not owned by or registered in the name of (a) a partner or executive officer of th named insured or (b) an employee or agent of th* named insured who is granted an operating allowance of any sort for the use of such automobile or wa- tercraft; "immediate underlying policy" means with respect to Coverage A the policy of the underlying insurance which provides the layer of coverage, whether primary or excess, immediately preceding the layer of coverage provided by Coverage A of this policy; "loss" means the sums which the insured is legally liable to pay as damages; "mobile equipment" means any of the following type of land vehicles: 1. Specialized equipment such as: bulldozers; power shovels; rollers, graders or scrapers; farm machin- ery; cranes; street sweepers or other cleaners; dig- gers; forklifts, pumps; generators; air compressors; drills; other similar equipment, 2. Vehicles designed for use principally off public roads, 3. Vehicles maintained solely to provide mobility for such specialized equipment when permanently at- tached, 4. Vehicles not required to be licensed, or 5. Automobiles maintained for use solely on premises owned by or rented to the named insured, or that part of roads or other accesses that adjoin the prem- ises; "named insured" means the persons or organizatio listed in item 1 in the declarations and any subsidiar* (or any subsidiary thereof) and any other organization actively controlled and managed by such person or organization or its subsidiary (or any subsidiary thereof); Page 4 of 8 Pages J • • "named Insured's products" means goods or prod- ucts manufactured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such con- tainer, rented to or located for use of others but not sold; "non -owned automobile or non -owned watercraft" means an automobile or watercraft which is neither an owned automobile or owned watercraft nor a hired automobile or hired watercraft; "non -owned aircraft" means an aircraft neither owned by any insured nor hired, leased or chartered by an insured to any other insured; "occurrence" means (1) with respect to subsection (1) of the definition of personal injury and with respect to property damage, an accident, including continuous or re- peated exposure to conditions, which results, dur- ing this policy period, in such personal injury or property damage neither expected nor intended from the standpoint of the insured. All loss arising out of continuous or repeated exposure to sub- stantially the same conditions shall be considered as arising out of one occurrence, (2) with respect to subsections (2), (3) and (4) of the definition of personal injury, an act or series of acts of the same or similar nature, committed dur- ing this policy period which causes such personal injury. All loss arising out of such act or series of acts, regardless of the frequency thereof or the number of claimants, shall be deemed to arise out of one occurrence, and (3) with respect to advertising injury, an act or series of acts in which the same or similar advertising material is used, regardless of the number or kind of media used, committed during this policy period which causes such advertising injury. All damages involving the same injurious material or act, re- gardless of the frequency of repetition thereof, the number or kind of media used, or the number of claimants, shall be deemed to arise out of one oc- currence; "owned automobile or owned watercraft" means an automobile or watercraft owned by the named in- sured; "personal injury" means (1) bodily injury, shock, mental injury or mental an- guish, (2) false arrest, detention or imprisonment, wrongful entry or eviction or other invasion of private occu- pancy, malicious prosecution or humiliation; ex- cept that maliciously inflicted by, at the direction of, or with the consent of the insured, (3) the publication or utterance of a libel or slander or otherdefamatory or disparaging material, or a pub- lication or utterance in violation of an individual's right of privacy; except that maliciously published or uttered by, at the direction of, or with the consent of the insured and except that contained in any advertisement, publicity article, broadcast or tele- cast and arising out of any insured's advertising actIvities, (4) discrimination because of race, color, sex, religion, national origin, age or handicap; "products hazard" includes personal injury and property damage arising out of the named insured's products or reliance upon a representation orwarranty made at any time with respect thereto, but only if the personal injury or property damage occurs away from premises owned by or rented to the named in- sured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at anytime resulting therefrom, or (2) loss of use of tangi- ble property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; "retained limit" means the amount stated in item 4 of the declarations; "underlying insurance" means with respect to both Coverages A and B the insurance policies listed in the schedule of underlying insurance including any re- newal or replacement of such contracts not more re- strictive; "watercraft" means a vehicle designed to transport persons or property on the water. CONDITIONS Unless noted otherwise, the conditions apply to all coverages. With respect to those conditions applicable to all coverages, "named insured" also includes all persons or organizations who are named insureds under Coverage A (whether expressly or by incorporation). 1. UNDERLYING INSURANCE— Changes or Additional Coverages During this Policy Period — Coverage A: The insured shall immediately report to the company any change in coverage in the un- derlying insurance including the addition of any additional insureds thereto or the purchase of in- surance for exposures previously uninsured by un- derlying Insurance. The insured shall upon request furnish the company with exact copies of such change or such additional insurance. Any material change in the premium for the under- lying Insurance shall be promptly reported to the company. The premium for this policy may be ad- justed to reflect any change in the underlying in- surance in accordance with the manuals of the company then in effect. 2. MAINTENANCE OF UNDERLYING INSUR- ANCE— Coverage A: The insured agrees that the policies listed in the schedule of underlying insur- ance and renewals and replacements thereof not more restrictive thereof shall be maintained without alteration of terms or conditions in full effect during the currency of this policy except for any reduction or exhaustion of the aggregate limits of liability in the underlying insurance provided such reduction or exhaustion is solely the result of injury or de- struction occurring during this policy period, and not before. Page 5 of 8 Pages a 5 with condition Failure of the insured to comply wit in the event of shall not invalidate this policy 1 only be liable under such failure, the company h Coverage A and only to the same extent as if the insured had complied with this condition. FINANCIAL IMPAIRMENT OF AN UNDERLYING INSURER — Coverage A: In the event which issued or financial impairment of a company underlying insurance, the company shall be liable only under Coverage A and then only to the same enant al imps rlment e bee uadd such Insolvency or BREACH OF CONDITION IN UNDERLYING INSURANCEd Coverage Of underlying insurance age exists under a policy because the insured has breached i rance,tthe or ompmy tion in such underlying S hall be Itabla only under Coverage A and then only to the same extent as it would have been had such breach not occurred. PARTICIPATION IN DEFENSE BY THE iOMPoANYY_ The company at its own option may, b quired to, participate in the investigation, settle- ment or defense of any claim or suit against the insured when it is not obligated to provide adefense or indemnify the insured for defense costs under other provisions of this policy. i. ADDITION OF NAMED INSUREDS— Coverage B: The named insured shall promptly notify the com- pany of the addition after the effective date of this policy of named insureds to this policy if such are within this policy's definition of "named insured" but are not listed in item t in the declarations 1 b 7 PREMIUM: All premiums for this policy shat e computed in accords re premiums and minimum pee - rates, rating plans, p m miums applicable to the insurance afforded herein. If this policy is issued for a period in excess of one year, the premium for the policy may be revised on each annual anniversary ordance with the manuals of the company then Unless the audit period is stated in Item 6 of the Declaration as "not subject to audit ", the premium designated in this policy as "advance premium" is a deposit premium only which shall be credited to the amount of the earned premium due at the end of this policy period. At the close of each period (or part thereof terminating with the end of this policy period) designated in the declarations as t aufdii f period the earned premium shall be nsured,tshalal become due and payable. t the octal than earned premium for this policy period iod is less y sha I the premium previously paid return to the named insured the unearned portion paid by the named insured. The named insured sha11 maintain records of such information as is necess?es of such records to the tion, and shall send cop company at the end opolicy e company may dh times during policy period rect. 8. INSPECTION AND AUDIT: The company shall be inrureds propertyb g adtoperrato inspect ati nya s me. Neither the company's right to make inspections Page 6 of 8 Pages nor the making thereof nor any report thereon or shal thelbenefittOfethe named kinsu behalf f an insured orotherrs,to determine or warrant that such property or opera- tions are safe. The company may examine and audit tti me du ng insured's books and records at any this policy period and extensions thereof and politcy, three s far as they relate to the subject termination matter of this insurance. UR g. INSURED'S DUTIES IN THE EVENT OF OCC FENCE, CLAIM OR SUIT: (a) Whenever the insured has information from which it is reasonable to conclude that an act or omission involves injuries or damages which are likely to involve this policy, rittto notice containing particulars identify the insured and also reasonably ob- tainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall begiv byoror for. the insured to the company ll any the company soon ny of anyaact orbom omission which tat the comp Y ening did not appear to the time i its happening involve this policy, but which at a later date would appear to give rise to claims, hereunder, shall not prejudice such claims. (b) If claim is made or suit is brought against the insured, or if information is obtained that the obligation set forth in the underlying insur- ance to investigate and defend, together with cost and dthereto, has ceased, the insutre t ons re ate d shall immediately notify and forward to the company every demand, notice, c?, su and or any other process received by representative of the insured. 10. agal against the AGAINST Company unless, ess, as a condition prece- dent thereto, there shall have been full complitiance until the with all of the terms of this policy, a shall amount of the insured's obligation to pay have been finally determined either by rient of the against the insured or by insured, the claimant and the company. Any person or organization or the legal reprreseor tative thereof who has secured such judgmet written agreement shall thereafter be entitled to recover under this policy to the extnt of the insur ance afforded by this policy. No person the organi- zation shall have as a party under this action join the company insured to determine the insured'i�e assured or shall the company be impleaded by or insolvency his legal representative. Bankruptcy of the insured or of the insured's estate shall here- not relieve the company of any of its under. 11. APPEALS: If the insured the meu underlying insurers ofrers the elect not a appeal a 1 g the underlying insur- ance of liability afforded by elect to ap or there comma y's limit ofil company y shall not to appeal. The comp o appeal except that t be increased because hall bear he following costs and the company •. W 0 expenses while the case is on appeal: attorney fees and expenses, bond premiums, court fees, costs and expenses taxed against the insured by the appellate court and interest accruing on a judg- ment against the insured. 12. SETTLEMENT OF CLAIMS OR SUITS — Coverage B. The company may pay, but is not obligated to pay, any part or all of the amount stated in item 4 in the declarations to effect settlement of any claim or suit, and upon notification of the action taken, the insured shall promptly reimburse the company for such part of the amount stated in item 4 as has been paid by the company. All named insureds are jointly an,11 severally responsible for the reim- bursement of the company and agree to make such reimbursement if the insured on whose behalf the company has made such payment fails to reim- burse the company within 30 days after the com- pany gives a written demand for payment to such insured. 13. OTHER INSURANCE: If, with respect to loss cov- ered hereunder, the insured has other insurance, whether on a primary, excess or contingent basis, there shall be no insurance afforded here- under; provided, that if the limit of liability of this policy is greater than that provided by the other insurance and any deductible or self- insured re- tention contained therein, this policy shall afford excess insurance over and above such other in- surance in an amount sufficient to give the insured a total limit of liability equal to the limit of liability afforded by this policy. If, with respect to loss covered under Coverage B, the amount available from such other insurance is less than the amount of the retained limit, there shall be a reduction of the retained limit in an amount equal to that of such other insurance and any deductible or self- insured retention contained therein. This condition does not apply with respect to the underlying insurance or excess insurance pur- chased specifically to be excess of this policy. 14. SUBROGATION AND OTHER RECOVERIES: In the event of any payment under this policy, this com- pany shall be subrogated to all the insured's rights of recovery therefor against any person or organi- zation and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after injury or destruction to prejudice such rights. In the event that this paragraph is inconsistent with the provisions of the immediate underlying policy, with respect to Coverage A the provisions of the immediate underlying policy shall apply. Because this policy affords excess insurance, the insured's right of recovery cannot always be exclu- sively subrogated to the company. It is, therefore, agreed that this company shall act in concert with all other interests concerned, including the in- sured, in the enforcement of any subrogation rights or in the recovery of amounts by any other means. The apportioning of any amounts so re- covered shall follow the principle that any interest, including the insured, that shall have paid an amount over and above any payment under this policy shall first be reimbursed up to the amount paid by such interest; this company shall then be reimbursed out of any balance then remaining up to the amounts paid as the result of loss covered under this policy; and lastly, the interests, includ- ing the insured, of whom this insurance is in ex- cess are entitled to claim any residue remaining. Expenses and costs necessary to the recovery of any such amounts shall be in the ratio of the re- spective amounts sought to be recovered. 15. CHANGES: Notice to any agent or knowledge pos- sessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the company from asserting any right under the terms of this policy, nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 16. ASSIGNMENT: Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon; if, however, the named in- sured shall die, such insurance as is afforded by this policy shall apply (1) to the named insured's legal representative, as the named insured, but only while acting within the scope of his duties as such, and (2) with respect to the property of the named insured, to the person having proper tem- porary custody thereof, as insured, but only until the appointment and qualification of the legal rep- resentative. 17. CANCELLATION: This policy may be cancelled by the named insured by surrender thereof to the company or any of its authorized agents or by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the company by mailing to the named insured at the address shown in this policy, written notice stating when not less than thirty days thereafter such cancella- tion' shall be effective; provided that, if the insured failsto dischargewhen due any of its obligations in connection with the payment of premium for this policy or any installment thereof, whether payable directly to the company or its agent or indirectly under any premium finance plan or extension of credit, this policy may be cancelled by the com- pany by mailing to the named insured at the ad- dress shown in the policy, written notice stating when not less than ten days thereafter such cancel- lation shall be effective. The mailing of notice as aforesaid shall be suffi- cient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or bythe company shall be equiva- lent to mailing. If the named insured cancels, earned premium shall be computed in accordance with the custom- ary short rate table and procedure. If the company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 18. SOLE AGENT: The insured first named in item 1 in the declarations is authorized to act on behalf of all named insureds and other insureds with respect to the giving and receiving of notice of cancella- tion and to receiving any return premium that may become payable under this policy. The insured first Page 7 of 8 Pages named in item 1 in the declarations isrsponsible for the payment of all premiums but the other named Insureds jointly and severally agree to make such premium payments in full if the insured first named in item 1 fails to pay the amount due within thirty days after the company gives a written demand for payment to the insured first named in item 1. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) It is agreed that: I. This policy does not apply: A. Under any Liability Coverage to loss (1) with respect to which an Insured under this 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 pol- icy butfor its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payment Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to loss resulting from the hazardous properties of nuclear material and arising out of the opera- tion of a nuclear facility by any person or or- ganization. C. Under any Liability Coverage, to loss resulting from the hazardous properties of nuclear ma- terial, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on be- half of, an insured or (b) has been dis- charged or dispersed therefrom; (2) the nuclear material is contained in sppent fuel or waste at any time possessed, han- dled, used, processed, stored, transported or disposed of by or on behalf of an insured; or (3) the loss 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, G- 40240 -D its territories or possessions or Canada, this exclusion (3) applies only to loss to such nuclear facility and any property thereat. Il. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, spe- cial nuclear material or byproduct material; "source material, "special nuclear material, and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel compo- nent, solid or liquid, which has been used or ex- posed to radiation in a nuclear reactor; "waste" means any waste material (1) containing byproduct material and (2) resulting from the oper- ation 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 he isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the process- ing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any com- bination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or dis- posal 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 fissionable material; "loss" includes all forms of radioactive contamina- tion of property. Page 8 of 8 Pages • I 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 4, 1980 TO: SAFETY AND INSURANCE ADMINISTRATOR FROM: Assistant to the City Manager SUBJECT: CITY INSURANCE COVERAGE ASSOCIATED WITH THE FOLLOWING STATE -OWNED PARCELS: 1. Account #0027069- 001 -01 Location: South corner of Seashore Drive and 54th Street 2. Account #0018188- 001 -01 Location: N.E. corner of Seashore Drive and 54th Street 3. Account #003674 - 001 -03 Location: Pacific Coast Highway and Newport Boulevard. Attached is a packet of materials pertaining to insurance coverage for the above - referenced properties. The first two attachments are letters from the State of California requesting that the respective policies be renewed if necessary and that appropriate documentation be forwarded to the Department of Transportation. The remaining attachments are insurance forms which were in the State files on these parcels, as well as a letter from this office advising the State of the procedyre being followed. s As we discussed, would you follow through with the City'.s insurance carrier in providing the requested documentation. Throdgh copy of this memorandum, I am informing the City Clerk that your office shall be handling the update. The Clerk's office, of course, will require copies of the Certificates for their property files. you ,4r your attention to this request. to the City Manager GJBy j mb xc: Ci y Clerk w/o Attachments • i INEVRANrE FROM cNA Transcontinental Insurance Company A Stock Company Herein called the Company SPECIAL EXCESS LIABILITY POLICY NO.SXP 358 42 83 DECLARATIONS Named Insured: CITY OF NEWPORT BEACH Address 3300 NEWPORT BOULEVARD, NEWPORT, CALIFORNIA 92660 Policy Period : From 04/01/80 to 04/01/83 12:01 A.M., standard time at the address of the Named Insured as stated herein. Limits of Liability: Insured's Retained Limit: Item 1. $ $100,000, ultimate net loss as the result of any one occurrence because of personal injury or property damage, or both combined. Company's Liability: Item 2a. $ 900 ,000 __ ultimate net loss as the result of any one occurrence because of persona! injury or property damage, or both combined. Item 2b. $ 900,000. ultimate net loss as the result of all occurrences during each policy year arising out of th= products hazzrd or the completed ooera'i;o.is liazard. Self - insured Claims Servicing Organization _REVIERA ADJUSTERS Premium Computation: Estimated Ri :te per Total Advance Minimum Exposure $ PER Premium Premium PER ENDT 42 ENDT #2 PER ENDT02 PER ENDT #2 Endorsements attached to policy at inception: S -1, S -2, S -3, S -4, S -5, S -6, S -7 Countersigned by Authorized Representative ADDITIONAL INSURED ENDORSEMENT IT IS UNDERSTOOD AND AGREED THAT THE PERSON OR ORGANIZATION DESIGNATED BELOW IS AN ADDITIONAL INSURED HEREUNDER, BUT ONLY AS RESPECTS OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED FOR SUCH PERSON OR.ORGANIZATION SO DESIGNATED. ADDITIONAL INSURED COUNTY OF ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT AND THE STATE OF CALIFORNIA, ITS EMPLOYEES, OFFICERS AND DIRECTORS WHILE.ACTING.WITHIN THE SCOPE OF THEIR DUTIES. (WITH RESPECTS TO RECREATIONAL FACILITIES). IT IS FURTHER AGREED THAT NOTHING CONTAINED HEREIN SHALL ACT TO INCREASE THE COMPANY'S LIMIT OF LIABILITY. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. #11 POLICY NO. �XP 3584283 INSURANCE FROM CNA 5- 20- 80 /min Blank Endorsement G- 33461 -F Complete Only When This Endorsement Is Not Prep aced with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT CITY OF NEWPORT BEACH 04 -01 -80 Countersigned by Awovl- Authorized Agent VA, • ADDITIONAL INSURED ENDO14MENT IT IS UNDERSTOOD AND AGREED THAT THE PERSON OR ORGANIZATION DESIGNATED BELOW IS AN ADDITIONAL INSURED HEREUNDER, BUT ONLY AS RESPECTS OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED FOR SUCH PERSON OR ORGANIZATION SO DESIGNATED. ADDITIONAL INSURED (S): COUNTY OF ORANGE AND ORANGE COUNTY FLOOD CONTROL (WITH RESPECTS TO FLOOD CONTROL PROPERTY) IT IS FURTHER AGREED THAT NOTHING CONTAINED HEREIN SHALL ACT TO INCREASE THE COMPANY'S LIMIT OF LIABILITY. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. #10 I POLICY NO. SXP 3584283 INSURANCE FROM CNA 5- 20- 80 /min Blank Endorsement G- 33461 -F Complete Only When This Endorsement Is Not Prepared with the Polity Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT "-ITY OF NEWPORT BEACH 04 -01 -80 Countersigned by Authorized Agent 1980 • ADDITIONAL INSURED E!SRSEMENT IT IS UNDERSTOOD AND AGREED THAT THE PERSON OR ORGANIZATION DESIGNATED BELOW IS AN ADDITIONAL INSURED HEREUNDER, BUT ONLY AS RESPECTS OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED FOR SUCH PERSON OR ORGANIZATION SO DESIGNATED. ADDITIONAL INSURED (S): COUNTY OF ORANGE, ITS OFFICERS, EMPLOYEES AND DIRECTORS WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES (WITH RESPECTS TO ROAD PERMITS). IT IS FURTHER AGREED THAT NOTHING CONTAINED HEREIN SHALL ACT TO INCREASE THE COMPANY'S LIMIT OF LIABILITY. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. #9 POLICY NO. SXP 3584283 INSURANCE FROM CNA 5- 20- 80 /min Blank Endorsement G- 33461 -F Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT CITY OF NEWPORT BEACH 04 -01 -80 Countersigned by Authorized Agent . . 0 1 0 0 SPECIAL EXCESS LIABILITY AMENDMENT OF POLICY CANCELLATION PROVISIONS IT IS UNDERSTOOD AND AGREED THAT CONDITION #11 OF THIS POLICY IS AMENDED TO PROVIDE 60 DAYS WRITTEN NOTICE OF THE COMPANY'S INTENT TO CANCEL, EXCEPT IN CASE OF CANCELLATION FOR NONPAY- MENT OF PREMIUM, OR OF ANY INSTALLMENT OF PREMIUM DUE UNDER THIS POLICY; THE POLICY MAY BE CANCELLED BY THE COMPANY FOR NONPAYMENT BY MAILING TO THE INSURED NAMED IN THE DECLARATIONS AT THE LAST MAILING ADDRESS KNOWN TO THE COMPANY WRITTEN NOTICE OF CANCELLATION PROVIDED SUCH NOTICE IS MAILED NO LESS THAN TEN DAYS PRIOR TO THE EFFECTIVE DATE OF CANCELLATION. IT IS FURTHER AGREED THAT IN THE EVENT OF CANCELLATION NOTICE SHALL ALSO BE MAILED TO THE OFFICE OF THE CITY MANAGER; AND 10 (TEN) DAYS WRITTEN NOTICE SHALL BE GIVEN TO: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION DISTRICT #7 P.O. SOX 2304 LOS ANGELES, CALIFORNIA 90051 This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. 8 POLICY NO. SXP 358 42 83 IM RAMCE FROM PIMA Blank Endorsement G- 33461 -F PH/4 -4 -80 Complete Only When This Endorsement Is Not PrepoTed with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Aut orize 0 0 COMMERCIAL UMBRELLA LIABILITY IT IS AGREED THAT THE INSURED'S RETAINED LIMIT OF $100,000 MAY BE SATISFIED BY UNDERLYING INSURANCE, SUCH UNDERLYING INSURANCE IN NO WAY ALTERS OR AMENDS THE APPLICATIONS OF THE INSURING AGREEMENTS, COVERAGE A AND B OF THIS POLICY. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S_7 Must Be Completed ENDT. NO. POLICY NO. 7 SXP 358 42 83 INSURANCE FROM CNI A Blank Endorsement G- 33461 -F PH/4 -4 -80 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to he Effective with the Policy ISSUED TO EFFECTIVE SEM OF THIS ENDORSEMENT Countersigned by �/�' 0494 u r 6 U SPECIAL EXCESS LIABILITY 0 IN CONSIDERATION OF THE PREMIUM CHARGED THE FOLLOWING AMENDMENTS SHALL BE MADE TO THE POLICY JACKET: UNDER THE SECTION ENTITLED "PERSONS OR ENTITIES INSURED "; THE FOLLOWING WORDING SHALL BE INCORPORATED INTO THE POLICY JACKET: (A) THE NAMED INSURED; (B) THOSE INDIVIDUALS WHO WERE OR NOW ARE ELECTED OR APPOINTED OFFICIALS OF THE NAMED INSURED, INCLUDING MEMBERS OF ITS GOVERNING BODY OR ANY OTHER COMMITTEES, BOARDS OR COMM- ISSIONS OF THE NAMED INSURED, WHILE ACTING FOR OR ON BEHALF OF THE NAMED INSURED, PAST OR PRESENT EMPLOYEES OF THE NAMED INSURED WHILE ACTING FOR OR ON BEHALF OF THE NAMED INSURED. UNDER THE SECTION ENTITLED "EXCLUSIONS" EXCLUSION "C" IS AMENDED TO READ AS FOLLOWS: "TO INJURY TO OR DESTRUCTION OF (1) PROPERTY OWNED BY THE INSURED, OR (2) PROPERTY RENTED TO OR LEASED TO THE INSURED WHERE THE IN- SURED HAS ASSUMED LIABILITY FOR DAMAGE TO OR DESTRUCTION OF SUCH PROPERTY, UNLESS THE NAMED INSURED WOULD HAVE BEEN LIABLE IN THE ABSENCE OF SUCH ASSUMPTION OF LIABILITY, OR (3) AIRCRAFT OR WATER- CRAFT IN THE CARE, CUSTODY OR CONTROL OF ANY INSURED ". IT IS FURTHER AGREED THAT PER THE CONTRACTUAL LIABILITY ENDORSEMENT THE FOLLOWING AMENDMENTS SHALL BE MADE: EXCLUSION "D" ARABIC #1, ROMAN NUMERAL I AND ROMAN NUMERAL II ARE HEREBY DELETED IN THEIR ENTIRETY. EXCLUSION "F" IS HEREBY DELETED IN ITS ENTIRETY. EXCLUSION "G" IS HEREBY DELETED IN ITS ENTIRETY. EXCLUSION "H" IS HEREBY DELETED IN ITS ENTIRETY. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. 6 POLICY NO. SXP 358 42 83 INSURANCE FROM CHA Blank Endorsement G- 33461 -F PH/4 -4 -80 Complete Only When This Endorsement Is Not Prepared with the Policy/ Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Authorized Agent 0 CONTRACTUAL LIABILITY � I In consideration of the premium charged, it is agreed that exclusion (H) is deleted, and with respect to such coverage as is hereby afforded, the following additional exclusions apply: (A) To any suit after the applicable limit of the Company's liability has been exhausted by payment of judgments or settlements. (B) To any claim, judgment or agreement from any arbitration proceeding where in the Company is not entitled to exercise with the Insured, the Insured's rights in the choice of arbitrators, and in the conduct of such proceedings. (C) To liability of the Indemnitee resulting from his sole negligence. (D) 1. If the Insured Is an architect, engineer or surveyor to bodily injury or property damage arising out of $i� professional services performed by such Insured, including: (1) The preparation or approval of maps, contracts, drawings, plans, opinions, reports, tests, surveys, change orders, designs or specifications and: ��° (II) Supervisory, Inspection or engineering services. 3� 2. If the Indemnitee of the Insured is an architect, engineer or surveyor to the liability of the Indemnitee, his agents or employees, arising out of: (1) The preparation or approval of contracts, maps, plans, drawings, opinions, reports, tests, surveys, change orders, designs or specifications or: (11) The giving or the failure to give directions or instructions by the Indemnitee, his agents or employees, provided such giving or failure to give is the primary cause of personal injury or property damage. (E) To personal injury or property damage due to war, whether or not declared, civil war, insurrection, rebellion or P ,F, revolution or to any action or condition incident to any of the foregoing. To personal injury or property damage for which the Indemnitee may be held liable: 1. As a person or organization engaged in the business of manufacturing, distributing, selling or serving alcoholic beverages or: 2. It not so engaged, as an owner or lessor of premises for such purposes it such liability is imposed: (1) By or because of the violation of any statute, ordinance or regulation pertaining to the sale, gift, 1) distribution or use of any alcoholic beverage or: (II) By reason of the selling, serving or giving of any alcohol beverage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; But part (11) of this exclusion does not apply with respect to liability of the Indemnitee as an owner or lessor described in (2) above. �(yv �G)� To any obligation for which the Insured may be held liable in an action on a contract by a third party beneficiary V for bodily injuryor property damage arising Out ofaprojectfora public authority ;this exclusion does not apply to �k i/ an action by the public authority or any other person or organization engaged in the project. To property damage to premises alienated by the named Insured arising out of such premises orany part thereof. (1) To personal injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of any automobile or mobile equipment while being used in any prearranged or organized racing, speed or demolition contest or activity. (J) To liability assumed by the Insured under any agreement relating to construction operations within fifty feet of any railroad property affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing. This endorsement, which forms a part of and is for attarhment to the following described policy issued by the company desicnated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S -5 Must Be Completed ENDT. NO. POLICY NO. 5 SXP 358 42. 8� INSUR4NCe FROM CNA G- 85388 -A Complete Only When This Endorsement Is Not Prr1mred with the Policy ' Or Is Not to be Effective with the Policy PH/4 -4 -80 /M � Countersigned by Authorized Agent 0 0 SPECIAL EXCESS LIABILITY MUNICIPALITY ENDORSEMENT IT IS AGREED THAT THE INSURANCE AFFORDED BY THIS POLICY SHALL NOT APPLY: A. TO LIABILITY ARISING OUT OF THE OWNERSHIP, MAINTENANCE, LOADING OR UNLOADING, USE OR OPERATION OF ANY AIRCRAFT, AIRFIELDS, RUNWAYS, HANGARS, BUILDINGS OR OTHER PROPERTIES IN CONNECTION WITH AVIATION ACTIVITIES. IT IS FURTHER AGREED THAT THIS EXCLUSION DOES NOT APPLY TO THE HELI- COPTER WITH RESPECTS TO ITS LANDING ON POLICE HEADQUARTERS BUILDING OR OTHER PROPERTIES IN CONNECTION WITH AVIATION ACTIVITIES. B. TO BODILY INJURY OR PROPERTY DAMAGE DUE TO: I. THE RENDERING OF OR FAILURE TO RENDER A. MEDICAL, SURGICAL, DENTAL, X -RAY OR NURSING SERVICE OR TREAT- MENT, OR THE FURNISHING OF FOOD OR BEVERAGES IN CONNECTION THEREWITH: B. ANY SERVICE OR TREATMENT CONDUCIVE TO HEALTH OR OF A PRO- FESSIONAL NATURE OR: C. ANY COSMETIC OR TONSORIAL SERVICE OR TREATMENT: 2. THE FURNISHING OF OR DISPENSING OF DRUGS OR MEDICAL, DENTAL OR SURGICAL SUPPLIES OR APPLIANCES: OR 3. THE HANDLING OF OR PERFORMING OF AUTOPSIES ON DEAD BODIES. IT IS FURTHER AGREED THAT THIS EXCLUSION DOES NOT APPLY TO PARAMEDICS, AS SPECIFICALLY SCHEDULED. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S-4 Must Be Completed ENDT. NO. 4 POLICY NO. 1 SXP 358 42 83 INSURANCE FROM CNAPH/4 -4 -80 Blank Endorsement G- 33461 -F Complete Only When This Endorsement Is Not Prepa ed with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Authorized Agent 0 0 MUNICIPALITY ENDORSEMENT - (CONT.D) C. TO CLAIMS FOR LOSS OR DAMAGE OR ANY LIABILITY ARISING OUT OF OR I'N CONNECTION WITH THE PRINCIPLES OF EMINENT DOMAIN, CONDEMNATION PROCEEDINGS OR INVERSE CONDEMNATION BY WHATEVER NAME 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. D. TO LIABILITY ARISING OUT OF THE FAILURE TO SUPPLY A SPECIFIC AMOUNT OF ELECTRICAL POWER, FUEL OR WATER OR TO LIABILITY ARISING OUT OF THE INTERRUPTION OF THE ELECTRICAL POWER, FUEL OR WATER SUPPLY. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S -4 Must Be Completed ENDT. NO. 4CONT.D POLICY NO. SXP 358 42 83 INSURANCE FROM CHAPH/4 -4 -80 Blank Endorsement G- 33461 -F Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Authorized Agent 0 SPECIAL EXCESS LIABILITY 0 IT IS UNDERSTOOD AND AGREED THAT THE COVERAGE AFFORDED UNDER THIS POLICY IS EXTENDED TO INCLUDE LIABILITY ARISING OUT OF: BIG CANYON DAM This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S-3 Must Be Completed ENDT. NO. POLICY NO. 3 SXP 358 42 83 INSUNANCEFNOM CNA Blank Endorsement G- 33461 -F PH /4 -4 -80 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned Authorized Agent P SPECIAL EXCESS LIABILITY IT IS AGREED THAT THE PREMIUM COMPUTATION PORTION OF THE DECLARATION SHALL READ AS FOLLOWS: $79,000. — FOR THE PERIOD OF 04/01/80 TO 04/01/81. PREMIUM BASIS ESTIMATED EXPOSURE RATE ESTIMATED PREMIUM FLAT CHARGE $ NONE $NONE $79,000. MINIMUM PREMIUM $79,000. ANNUAL ADVANCE PREMIUM $79,000. ON EFFECTIVE DATE OF POLICY. TO BE DETERMINED ON 04/01/81. TO BE DETERMINED ON 04/01/82, This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S -2 Must Be Completed ENDT. NO. POLICY NO. 2 SXP 358 42 83 INSURANCE FROM 2 V Blank Endorsement G-33461 -F PH /4 -4 -80 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT /Gi� EIS f +( 4A( Countersigned by `^' , Authorized Agent i • SPECIAL EXCESS LIABILITY ADDITIONAL INSURED ENDORSEMENT IT IS UNDERSTOOD AND AGREED THAT THE PERSON OR ORGANIZATION DESIG- NATED BELOW IS AN ADDITIONAL INSURED HEREUNDER, BUT ONLY AS RESPECTS OPERATIONS PERFORMED BY OR ON BEHALF OF THE NAMED INSURED FOR SUCH PERSON OR ORGANIZATION SO DESIGNATED. ADDITIONAL INSURED(S): THE STATE OF CALIFORNIA WITH RESPECTS TO THE THREE PROPERTIES LEASED BY THE CITY, LOCATED AT: 1) ACCOUNT 40020769- 001 -01 (LOCATION: SOUTH CORNER OF SEASHORE DRIVE AND 54TH STREET EASEMENT) 2) ACCOUNT *0018188- 001 -01 (LOCATION: NORTHEAST CORNER OF SEASHORE AND 54TH STREET EASEMENT) 3) ACCOUNT 40036741- 001 -03 (LOCATION: PACIFIC COAST HIGHWAY AND NEWPORT BLVD. FENCED IN PARKING LOT) THE IRVINE COMPANY, LOCATED AT: 550 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 - WITH RESPECTS TO USE OF LAND WHERE AIR SAMPLES ARE COLLECTED. THE COUNTY OF ORANGE, LOCATED AT: COUNTY OF ORANGE, GENERAL SERVICES AGENCY /REAL ESTATE DIVISION, P.O. BOX 4106, SANTA ANA, CALIFORNIA 92702 - WITH RESPECTS TO OPERATIONS OF THE NAMED INSURED AT OR FROM PREMISES DEVELOPED FOR A MARINE FACILITY AT NEWPORT HARBOR PATROL HEADQUARTERS. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company designated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. Must Be Completed ENDT. NO. 1 POLICY NO. SXP 358 42 83 INSURANCE FROM CNA Blank Endorsement G- 33461 -F PH/4 -4 -80 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Authorized Agent • i 0 0 ADDITIONAL INSURED ENDORSEMENT - (CONT.D) THE COUNTY OF ORANGE, ITS OFFICERS AND EMPLOYEES, LOCATED AT: C.A.O. REVENUE SHARING, 511 NORTH SYCAMORE, SANTA ANA, CALIFORNIA 92701 - WITH RESPECTS TO THE REVENUE SHARING AGREEMENT OF 01-0 3 -80 . IT IS FURTHER AGREED THAT NOTHING CONTAINED HEREIN SHALL ACT TO INCREASE THE COMPANY'S LIMIT OF LIABILITY. This endorsement, which forms a part of and is for attachment to the following described policy issued by the company desigi;ated therein, takes effect on the effective date of said policy, unless another effective date is shown below, at the hour stated in said policy and expires concurrently with said policy. S — 1 Must Be Completed ENDT. NO. 1CONT. PoLICY NO. SXP 358 42 83 INSURANCE FROM CNA Blank Endorsement G- 33465 -F PH/4 -4 -80 Complete Only When This Endorsement Is Not Prepared with the Policy Or Is Not to be Effective with the Policy ISSUED TO EFFECTIVE DATE OF THIS ENDORSEMENT Countersigned by Authorized Agent 0 9 INSURANCE FROM C/NA Transcontinental Insurance Company A Stock Company Herein called the Company SPECIAL EXCESS LIABILITY POLICY In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, the Company agrees with the Named Insured as follows: INSURING AGREEMENT Coverage A - Personal Injury Liability Coverage B - Property Damage Liability The Company will indemnify the Insured for ultimate net loss in excess of the retained limit hereinafter stated which the Insured shall become legally obligated to pay as damages because of A. personal injury or B. property damage to which this policy applies, caused by an occurrence. DEFENSE COSTS This policy does not cover defense costs, nor interest accruing on a judgment after its entry (except as otherwise specifically provided hereinafter), but the Company shall have the right and opportunity to associate with the Insured in the defense, appeal and control of any claim or suit arising out of any occurrence seeking damages in excess of the retained limit. In such an event, the Insured and the Company shall cooperate fully. If claim is made or suit is brought seeking damages in excess of the self- insured retained limit, no defense costs shall be incurred on behalf of the Company without the written consent of The Company and, notwithstanding such consent, all such defense costs shall be reasonable. If a settlement made with the consent of the Company, or a judgment against the Insured, exceeds the retained limit, the Company shall pay defense costs and interest accruing on a judgment after its entry and before The Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company's liability thereon, in a ratio which its proportion of the liability for the judgment rendered, or settlement made, bears to the entire amount of said judgment or settlement. RETAINED LIMIT - THE COMPANY'S LIMIT OF LIABILITY Regardless of the number of (1) Insureds under this policy, (2) persons or organizations who sustain injury or damage, or (3) claims made or suits brought on account of personal injury or property damage, The Company's liability is limited as follows: With respect to personal injury or property damage, or both combined, The Company's liability shall be only for the ultimate net loss in excess of the Insured's retained limit as specified in Item 1. of the Limits of Liability section of the Declarations as the result of any one occurrence, and then for an amount not exceeding the amount specified in Item 2 (a). of the Limits of Liability section of the Declarations as the result of any one occurrence. There is no limit to the number of occurrence during the policy period for which claims may be made, except that the liability of The Company arising out of either the products hazard or the completed operations hazard, or both combined, because of all occurrences during each policy year shall not exceed the amount specified in Item 2 (b). of the Limits of Liability section of the Declarations. For the purpose of determining the limit of The Company's liability, all damages arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one occurrence. 7- 85145 -A POLICY PERIOD. TERRITORY This policy applies to personal injury or property damage which occurs anywhere in the world during the policy period. PERSONS OR ENTITIES INSURED (a) The Named Insured; (b) Each of the following is an insured under this policy to the extent set forth below: (1) if the Named Insured is designated in 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; however, this policy does not apply to personal injury or property damage arising out of the conduct of any partnership or joint venture of which the Insured is a partner or member and which is not designated in this policy as a Named Insured; (2) except with respect to the ownership, maintenance or use, including loading or unloading, of automobiles, (i) any executive officer, other employee, director or stockholder of the Named Insured while acting within the scope of his duties as such; (ii) any person or organization while acting as real estate manager for the Named Insured; (3) any person while using, with the permission of the Named Insured, any automobile owned by, loaned to or hired for use by or on behalf of the Named Insured and any person or organization legally responsible for the use thereof, provided the actual operation or other actual use is within the scope of such permission, and any executive officer, director or stockholder of the Named Insured with respect to the use of an automobile not owned by the Named Insured but only while such automobile is being used in the business of the Named Insured. The insurance with respect to any person or organization other than the Named Insured does not apply under Paragraph (3): (i) to any person or organization, or to any agent or employee thereof, operating an automobile sales agency, repair shop, service station, storage garage or public Parking place, with respect to any occurrence arising out of the operation thereof; (ii) with respect to any automobile hired by or loaned to the Named Insured, to the owner or a lessee (of whom the Named Insured is a sub- lessee) thereof, other than the Named Insured, or to any agent or employee of such owner or lessee. EXCLUSIONS This policy does not apply: (a) to any obligation for which the Insured or any carrier as his insurer may be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or tinder any similar law; (b) to personal injury to any employee of the Insured arising out of and in the course of his employment by the Insured; but this exclusion does not apply to liability assumed by the Insured under an incidental contract; y�y (c) to property damage to (1) property owned or occupied by or rented to the Insured, (2) property used by the Insured, or G \ (3) property in the care, custody or control of the Insured or as to which the Insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement W and part (3) of this exclusion does not apply with resoect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by, rented to or controlled by the Named Insured; (d) 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 Insured of any contract or agreement, or (2) the failure of the Named Insured's products or work performed by or on behalf of the Named Insured to meet the level of performance, quality, fitness or durability warranted or represented by the Named Insured; 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 Insured's products or work performed by or on behalf of the Named Insured after such products or work have been out to use by any person or organization other than an insured; (e) to property damage to the Insured's products arising out of such products or any part of such products; (f) to damages claimed for the withdrawal, inspection, repair, replacement or loss of the use of the Insured's products or work completed by or for the Insured 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 by the Insured or any claimant against the Insured because of any known or suspected defect or deficiency therein; Ig) to property damage to work performed by or on behalf of the Insured arising out of the work or any portion thereof, or out of materials, parts or equipment furnished in connection therewith; 0 0 (h) to liability assumed by the Insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the Insured's products or a warranty that work performed by or on behalf of the Insured will be done in a workmanlike manner; (i) to personal injury or property damage arising out of Aircraft Products, including damages resulting from the Grounding of any aircraft; (j) to personal injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any aircraft or watercraft owned or operated by or rented or loaned to the Insured, or (2) any other aircraft or watercraft operated by any person in the course of his employment by the Insured; (k) to personal injury or property damage arising out of professional services performed by or on behalf of the Insured (including, by way of example and not limitation, hospital, physicians, surgical, medical, nursing, legal, architectural, engineering, accountancy and consulting services); (1) to personal injury or property damage arising out of the hazardous properties of nuclear material; (m) to personal 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 water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (n) as respects liability imposed upon an Insured (or which is imputed to an Insured) under the "Employee Retirement Income Security Act of 1974" and any law amendatory thereof. DEFINITIONS When used in this policy (including endorsements forming a part hereof); "aircraft" means a vehicle designed for the transport of persons or property principally in the air; "aircraft products" means Aircraft (including missiles or spacecraft and any ground support or control equipment used therewith), Aircraft parts and goods or products installed in or on Aircraft or used in connection with Aircraft, manufactured, sold, handled or distributed by the Named Insured or by others trading under the Insured's name. "Aircraft Products" includes tooling used in the manufacture of Aircraft products, and also includes ground handling tools and equipment, training aids, instructions, manuals, blueprints, engineering and other data, engineering and other advice and services and labor relating to aircraft products; "automobile" means a land motor vehicle, trailer or semi - trailer designed for travel on public roads (including any machinery or apparatus attached theretol, but does not include mobile equipment; "completed operations hazard" includes personal 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 personal injury or property damage occurs after such operations have been completed or abandoned and occurs away from premises owned by or rented to the Insured. "operations" include materials, parts or 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 Insured under the contract have been completed, (b) when all operations to be performed by or on behalf of the Insured at the site of the operations have been completed, or (c) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete shall be deemed completed. The completed operations hazard does not include personal injury or property damage arising out of: (1) operations in connection with the transportation of property, unless the personal injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (2) the existence of tools, uninstalled equipment or abandoned or unused materials; "damages" includes damages for death and for care and loss of services resulting from personal injury and damages for loss of use of property resulting from property damage; 0 "defense costs" means attorney's fees, costs and expenses and all other fees, costs and expenses incurred in connection with the investigation, adjustment, defense and appeal of a claim or suit covered hereunder. However, "defense costs" do not include the office expenses of the Company or the Insured nor the salaries of employees or officials of the Company or the Insured; "grounding" means the withdrawal, at or about the same time, in the interest of safety, of one or more aircraft from flight operations because of a known or suspected defect of any nature; "incidental contract" means any written (1) lease of premises, (2) easement agreement, except in connection with construction or demolition operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement or (5) elevator maintenance agreement; "insured" means any person or organization qualifying as an Insured under the Persons or Entities Insured section of this policy. The insurance afforded applies separately to each Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability; "insured's products" means goods or products manufactured, sold, handled or distributed by the Insured or by others trading under his name, including any container thereof (other than a vehicle) but "Insured's products" shall not include a vending machine or any property other than such a container, rented to or located for use of others but not sold; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self - propelled, (1 ) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or permanently attached to such vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix -in- transit type); graders, scrapers, rollers and other road construction or repair equipment; aircompressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servicing equipment; "named insured" means the organization named in the Declarations of this policy and includes any subsidiary company (including subsidiaries thereof) of the Named Insured and any other company of which it assumes active management; "nuclear material" means source material, special nuclear material, or byproduct material; "source material ", "special nuclear material ", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "occurrence" means an accident, including injurious exposure to conditions, which results, during the policy period, in personal injury or property damage neither expected nor intended from the standpoint of the Insured; "personal injury" means (a) bodily injury, sickness, disease, disability, shock, mental anguish and mental injury resulting from bodily injury; (b) false arrest, detention or imprisonment or malicious prosecution; (c) the publication or utterance of a libel or slander, including disparaging statements concerning the condition, value, quality or use of real or personal property, or a publication or utterance in violation of rights of privacy, except when any of the foregoing of this part (c) arises out of the Insured's advertising, publicity, telecasting or broadcasting activities; (d) wrongful entry or eviction, or other invasion of the right of private occupancy; (e) discrimination based upon race, regligion, nationality, national origin, color, creed, sex or age but excluding discrimination committed by, at the direction of, or with the consent of the Insured and also excluding claims made by reason of discrimination against present or past employees of the Insured or applicants for employment, or claims made by a person deriving rights by reason of discrimination against such present or past employee or applicant for employment; and (f) assault and battery, not committed by, at the direction of or with the consent of the Insured, unless committed or directed for the purpose of protecting persons or property from injury or death; "products hazard" includes personal injury and property damage arising out of the Insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the personal injury or property damage occurs away from premises owned by or rented to the Insured and after physical possession of such products has been relinguished to others; "property damage" means physical injury to or destruction of tangible property; "ultimate net loss" means the sums for which the Insured is legally liable as damages by reason of a judgment or a settlement made with the written consent of the claimant, the Insured and the Company; "watercraft" means a vehicle designed for the transport of persons or property principally on water; CONDITIONS 1. Premium The premium designated in the policy declarations as "advance premium" is a deposit premium only, which shall be credited to the amount of the earned premium due at the end of the policy period. The earned premium for the policy period shall be computed by application of the rate shown in the policy declarations to the audited exposure base. If the 0 0 total earned premium so computed is less than the advance premium previously paid, the Company shall return to the named insured the unearned portion paid by the named insured. If the total earned premium exceeds the advance premium, the named insured shall remit to the Company the balance due in accordance with the Company's regular payment terms. 2. Inspection and Audit The Company shall be permitted but not obligated to inspect the Insured's property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the Insured or others, to determine or warrant that such property or operations are safe. The named insured shall maintain records of such information as is necessary for premium computation, and shall send copies of such records to the Company at the end of the policy period and at such times during the policy period as the Company may direct. The Company may examine and audit the Insured's books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 3. Insured's Duties in the Event of Occurrence, Claim or Suit (a) In the event of an occurrence reasonably likely to Involve the Company, written notice containing particulars sufficient to identify the Insured and also reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the Insured to the Company or any of its authorized agents as soon as practicable. The Insured shall promptly take at his expense all reasonable steps to prevent other personal injury or property damage from arising out of the same or similar conditions, but such expense shall not be recoverable under this policy. (b) If claim is made or suit is brought against the Insured, the Insured shall immediately forward to the Company every demand, notice, summons or other process received by him or his representative. (c) The I nsured shall cooperate with the Company and upon its request, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the Insured because of personal injury or property damage with respect to which insurance is afforded under this policy; and the Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The Insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense; however, in the event that the amount of ultimate net loss becomes certain either through trial court judgment or agreement among the Insured, the claimant and the Company, then the Insured may pay the amount of ultimate net loss to the claimant to effect settlement and, upon submission of due proof thereof, the Company shall indemnify the Insured for that part of such payment which is in excess of the retained limit, or will, upon request of the Insured, make such payment to the claimant on behalf of the Insured. (d) The Company, at its sole option and without the consent of the insured, may settle any claim or suit involving the limits of liability of this policy or likely to involve its limits. The Company expressly reserves the right to settle such claim or suit for an amount within the Insured's Retained Limit. If the Company elects to pay any or all of the amount of the Insured's Retained Limit to effect settlement of a claim or suit, or any amount in excess of the limits of liability of this policy to effect settlement of a claim or suit, the Insured shall promptly reimburse the Company for such part of the Insured's Retained Limit and the amount in excess of the limits of liability of this policy which has been paid by the Company upon notification of the amount paid by the Company on the Insured's behalf. All named insureds are jointly and severally responsible for any and all reimbursement due to the Company and agree to make such reimbursement if the Insured on whose behalf the Company has made such payment fails to reimburse the Company within 30 days after the Company gives a written demand for payment to such insured. Appeals In the event the Insured elects not to appeal a judgment in excess of the retained limit, the Company may elect to do so at its own expense, but in no event shall the liability of the Company for ultimate net loss exceed the applicable amount specified in the Limits of Liability Section of the Declarations plus all defense costs necessary and incident to such appeal. The Company shall pay its share of interest accruing on the judgment after its entry in a ratio which its proportion of the liability for the judgment rendered bears to the entire amount of said judgment. 5. Action Against The Company No action shall lie against the Company with respect to any one occurrence unless, as a condition precedent thereto, the Insured shall have fully complied with all the terms of this policy, nor until the amount of the Insured's obligation to pay an amount of ultimate net loss in excess of the retained limit shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. Nothing contained in this policy shall give any person or organization any right to join the Company as a co- defendant in any action against the Insured to determine the Insured's liability. 0 0 Bankruptcy or insolvency of the Insured shall not relieve the Company of any of its obligations hereunder. 6. Other Insurance If collectible insurance with any other insurer is available to the Insured covering a loss also covered hereunder (whether on a primary, excess or contingent basis), the insurance hereunder shall be in excess of, and shall not contribute with, such other insurance; provided that this clause does not apply with respect to excess insurance purchased specifically to be in excess of this policy, or to other insurance which is intended to provide the remainder of the limit of liability stated in the Declarations of this policy when the insurance afforded under this policy provides less than 100 percent of the limit set forth in the Declarations. 7. Subrogation The Company shall be subrogated to the extent of any payment hereunder to all the Insured's rights of recovery therefor; and the Insured shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows: Any interest (including the Insureds) having paid an amount in excess of the retained limit plus the limit of liability hereunder shall be reimbursed first to the extent of actual payment. The Company shall be reimbursed next to the extent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to reimburse the Insured. The expenses of all such recovery proceedings shall be apportioned in the ratio of respective recoveries. If there is no recovery in proceedings conducted solely by the Company, it shall bear the expenses thereof. 8. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy. 9. Assignment Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon; if, however, the Named Insured shall die, such insurance as is afforded by this policy shall apply (a) to the Named Insured's legal representative, as the Named Insured, but only while acting within the scope of his duties as such, and (b) with respect to the property of the Named Insured, to the person having proper temporary custody thereof, as Insured, but only until the appointment and qualification of the legal representative. 10. Funding of Insured's Retained Limit The Insured agrees to maintain a loss fund in an amount to be determined by mutual agreement among the Insured, the servicing organization designated in the policy declarations, and the Company for the payment of all claims and expenses falling within the Insured's retained limit. This fund shall be reimbursed as necessary to maintain a balance in accordance with the terms of the servicing agreement between the Insured and the servicing organization. In the event of cancellation, expiration or revision of the contract between the Insured and the servicing organization, the Insured shall notify the Company thereof within ten days of the effective date of such cancellation, expiration or revision. 11. Cancellation This policy may be cancelled by the Named Insured by surrender thereof to the Company or any of its authorized agents or by mailing to the Company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the Company by mailing to the Named Insured at the address shown in this policy written notice stating when, not less than thirty days thereafter, such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Named Insured or by the Company shall be equivalent to mailing. If the Named Insured cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 12. Service of Suit It is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the Insured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court. 0 0 It is further agreed that service of process in such suit may be made upon Ronald A. Jacks, CNA Plaza, Chicago, Illinois, and that in any suit instituted against such person upon this policy, the Company will abide by the final decision of such court or of any appellate court in the event of an appeal. The above -named is authorized and directed to accept service of process on behalf of the Company in any such suit and, upon the request of the Insured, to give a written undertaking to the Insured that he will enter a general appearance upon the Company's behalf in the event such suit shall be instituted. Further, persuant to any statute of any state, territory or district of the United States which makes provision therefor, the Company hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this contract of insurance, and hereby designates the above -named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 13. First Named Insured The Insured first named in item 1 in the declarations is authorized to act on behalf of all named insureds and other insureds with respect to the giving and receiving of notice of cancellation and to receiving any return premium that may become payable under this policy. The Insured first named in item 1 in the declarations is responsible for the payment of all premiums but the other named insureds jointly and severally agree to make such premium payments in full if the Insured first named in item 1 fails to pay the amount due within thirty days after the Company gives a written demand for payment to the Insured first named in item 1. In Witness Whereof, the Company has caused this policy to be signed by its Chairman of the Board and Corporate Secretary at Chicago, Illinois, but the same shall not be binding upon the Company unless countersigned on the Declarations page by a duly authorized representative of the Company. 1 i 4L �I Corporate Secretary Chairman of the Board CITY OF NEWPORT BEACH MAR 24 1980 OFFICE OF THE CITY MANAGER By the CITY COUNCIL CITY, OF NEWPORT 86ACH MARCH 19, 1980 Council Agenda Item H -2 ) TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: 1980 -81 PUBLIC LIABILITY INSURANCE COVERAGE Last March the Council authorized a change of policy renewal dates from July 1, 1979 to April 1, 1979. The intent of this change was to avoid the glut of renewals in the insurance market that occurs at the end of the fiscal year and thus gain a more favorable competitive position. The advice of Mr. Virgil Howell, of Mund, McLaurin and Company, Consultant, and Mr. Robert Milum of Milum & Associates, the City's Broker of Record, was instrumental in the change of date recommendations which also resulted in a $31,638.00 reduction in annual premium costs at that time. Further reductions in premium costs are now available as shown in EXHIBIT A. A summary of coverage is indicated in EXHIBIT B and is similar to present policy specifications. The Staff recommends that the Council accept the proposal of Milum Associates to insure the City against public liability with the Transcontinental Insurance Company up to $10,000,000.00 with a provision for a self - insured retention of $100,000.00, at a premium cost of $78,000.00 annually. This plan compares with the present insurance plan in terms of: premiums at $114,987.00; limits of insurance protection to, $5,000,000.00 and; self - insured retention at $500,000.00. The Staff deems it most advisable at protection to $10,000,000.00. It is reduce the self- insured retention to level at which the City need set asi a comparison of program cost for the year is shown in EXHIBITS C and D. this time to increase the limits of also considered advantageous to $100,000.00, thereby reducing the ie reserve funds. In this connection current as well as proposed policy Q44 ROBERT L. WYNN EXHIBIT B I. COMPREHENSIVE LIABILITY M The Transcontinental Insurance Company will insure the City of Newport Beach from 4 -1 -80, to 4 -1 -81, against liability imposed by law, including Chapter 1681 of the State of California Statutes of 1963, or liability assumed by contract, insofar as the Named Insured may legally do so, for damages because of: A. Bodily Injury and Personal Injury (1) Bodily injury, sickness or disease, including death at any time resulting therefrom and also including care and loss of services, sustained by any person or persons, or (2) Any other injury a person may suffer to his person, reputation, character or feelings, in- cluding but not limited to malpractice, false arrest, detention or imprisonment, malicious prosecution, libel, slander, defamation of character, invasion of privacy, wrongful evic- tion or wrongful entry. B. Property Damage Injury to or destruction of property, including the loss of use thereof. C. Errors or Omissions Liability Any claim for breach of duty made against the insured by reason of any negligent act, error or omission of the insured and discovered during the policy period or within twenty -four months after termination of the policy. D. Automobile Liability The policy insures against liability arising out of the ownership or operation of automobiles. E. Persons Insured (1) The policy insures: (a) The City of Newport Beach EXHIBIT B- CONTINUE (b) While acting within the scope of his employment as such: any officer, servant or employee of the named insured, except that the insurance so provided any officer, servant or employee does not apply to bodily injury to or death of another officer, servant or employee of the named insured injured in the course of or arising out of his employment; any member of the governing body of the named insured. any member of boards or commissions of the named insured. 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A N O X w N i N ro L c A r N E N � T•r ro E r N CL S- 0 N d N C r N T.i � ro U t to r: EXHIBIT C FINANCIAL ACTIVITY PUBLIC LIABILITY INSURANCE POLICY YEAR 1980/81 SUMMARY OF PROPOSED EXPENSES: Premiums (from Exhibit A) $78,000.00 Claims Adjusting Agency (employed 18,500.00 as a condition of the insuring agreement, estimated) Self - insured Retention (SIR) Fund 1001000.00 (A condition of the insuring agreement) Notes: M Total expected insurance activity: 196,000.00 In the current policy year (1979/80) the City has paid losses of $7,380.00 to date under it's present $500,000.00 retention provision. Future costs are expected to be an additional $100,822.00 (est.) for claims occurring in this policy year even though reserves are set at a higher figure to protect against unusual loss. The self- insured retention fund established in past years, is sufficently adequate at this time to support both reserves and expected financial activity for the coming policy year. so EXHIBIT D FINANCIAL ACTIVITY PUBLIC LIABILITY INSURANCE Policy Year 1979/80 (Current) COVERAGE City of Newport Beach - -Self- Insured $500,000.00 Retention (SIR) Admiral Insurance Company $500,000.00 (Primary Coverage) Excess of $500,000.00 Midland Insurance Company $4,000,000.00 (Excess Insurance Company) Excess of $1,000,000.00 Total Cost: Expense -- Claims Adjusting Agency Per Insuring Agreement Incurred Costs: (Year to date) Paid Losses: $ 7,380.00 Reserves: $ 295,681.00 SIR Fund - -A condition of the insuring agreement PREMIUM $69,144.00 $45,843.00 GRAND TOTAL: $114,987.00 14,880.00 303,061.00 500,000.00 932,928.00 T s • • 0 RESOLUTION NO. 9755 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT FOR COMPREHENSIVE PUBLIC LIABILITY INSURANCE COVERAGE TO TRANSCONTINENTAL INSURANCE COMPANY (1980 -1981 COVERAGE) WHEREAS, the City of Newport Beach has sought proposals to renew the City's comprehensive public liability insurance; and WHEREAS, the City has received 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 $100,000.00 self- insured retention; to award a policy of insurance for coverage of $10,000,000.00 over the self - insured retention to the TRANSCONTINENTAL INSURANCE COMPANY; and WHEREAS, the cost of the program of TRANSCONTINENTAL 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 TRANSCONTINENTAL INSURANCE COMPANY for a one -year period commencing April 1, 1980, and continuing through April 1, 1981. BE IT FURTHER RESOLVED that all funds set aside for payment of liability losses shall be established and encumbered in a special liability insurance reserve fund and shall not be used for any other municipal purpose until all incurred liability losses within the self- insurance retention are actually paid or settled. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute any agreement that is necessary to carry out the purpose of this Resolution. ATTEST: City Clerk ADOPTED this 24th day of March Mayor -2- 1980. HRC /kv 3/19/80 i