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HomeMy WebLinkAbout1987-09-08; City Council; 8575-1; Renewal of vehicle damage insuranceOF CARLSBAD - AGENDA BILL MTQ. 9/8/87 PEPT. RM RENEWAL OF VEHICLE PHYSICAL DAMAGE INSURANCE COVERAGE CITY ATTY CITY oUJscea.o. o ou RECOMMENDED ACTION: Approval of Resolution No. 9j?Jo authorizing the renewal of the Vehicle Physical Damage Insurance Coverage in accordance with staff recommendations at an estimated annual premium of $19,895. ITEM EXPLANATION The current Vehicle Physical Damage Insurance Coverage expired on July 14, 1987. It has been extended pending Council action on the proposed renewal. The Vehicle Physical Damage Insurance Policy provides comprehensive coverage for owned and hired vehicles valued at $10,000 or more, subject to a $1,000 deductible per vehicle per loss. The coverage has been provided by the Firemen's Fund Insurance Companies. That organization carries a rating of A:XV in Best's Key Rating Guide. The cost increase is a direct reflection of the increase in the number of vehicles being provided with coverage. The basis for the current proposal is set forth below. Fiscal Year 1986/87 1987/88 FISCAL IMPACT Number of Vehicles Covered 44 77 (+75%) Value of Vehicles Covered $1,022,360 $1,746,542 (+71%) Premium Charged $10,620 $19,895 (+87%) The recommended renewal proposal contains a cost increase of $9,275. That represents an increase of 87% over the FY 1986/87 level, but is directly reflective of the increase in the number and value of the vehicles covered. Funds are available in the Insurance Premium Account for payment of the deposit premium. The final premium will be calculated after a year end audit and will be based upon the actual number and value of vehicles covered. EXHIBITS 1. Resolution No. 2. Insurance Policy #2 17 MX A 80035684 3. Letter from Cal Surance Associates dated 3/30/87 4. Letter from Cal Surance Associates dated 7/8/87 1 RESOLUTION NO. 9230 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING RENEWAL OF 3 THE CITY'S VEHICLE PHYSICAL DAMAGE INSURANCE COVERAGE 4 WHEREAS, The City has previously maintained Vehicle Physical 5 Damage Coverage for its fleet; and 6 WHEREAS, The City's Insurance Broker has received quotes for the 7 continuation of that coverage; and 8 WHEREAS, Upon evaluation of the quote for Vehicle Physical Damage 9 Insurance, the City desires to renew its insurance. 10 NOW, THEREFORE, BE IT RESOLVED by the City Council of Carlsbad, 11 California as follows: 12 1. That the above recitations are true and correct. 13 2. That the renewal of the City's vehicle physical damage insurance 14 with Firemen's Fund Insurance Companies is hereby approved and the 15 Finance Director is authorized to issue a warrant for the premium of said 16 renewal in the amount of $19,895. 17 18 19 | /// 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 8th day of September , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson 5 NOES: None 6 ABSENT: None 7 8 CLAUDE AT LEWIS, Mayor 10 ATTEST: 11 12 ALETHA L. "RAUTENTCRANTZ, City^^Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PO;..XCY NLJh&ER 2 I/ MXA 00035604 PREV. POLICY NOS. 2: 1.7 MXA S0033753 C o v e c a 9 s £ o L- p o 1 i. c i e s other than WORKERS' (./ u h P E rt S A T .L G N i s p ^ o v i d e >::\ in • t h e f o 11 o w i > i g c o r. p a i •* y FIREhAN'S FUND INSURANCE: COMPANY NGUATO, CA 94998 A STOCK INSURANCE: co. f.0-1:1 GENERAL DECLARATIONS f"J»u--.5d Insured and flailing Address CAL-SURANCE ASSOCIATES, INC. P.O. Box 3469, Torrance. Calif. 90510 2790 Skypark Drive. Torrance. Calif. 90505 (213) 530-5555 LA (213) 772-3151 GUY OF CARLSBAD CARLSUAD PAF^KING AUTHORITY CARLSBAD BUILDING AUTHORITY CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, CONSISTING OF CARLSBAD F^EDEVELOF'MENT AGENCY AND CARLSBAD HOUSING AUTHORITY 1200 ELM AVENUE CARLSBAD CA 92008 Producer Nane and Address CAL-SURANCE ASSOC., INC./DAVID WILLIAMS J.O. BOX 3459 rORRANCE CA 90510 Tr,* Nisr.ed Insursd is a(n> MUNICIPALITY P /*^. T , '' , _ ! P-J I W i I \-:y L- „. 'i ;• |t JUL I6I98T FIREMAN'S FUND INSURANCE COMPANIES MAIL ADDRESS NOVATO CALIFORNIA CITY OF CARLSBAD ris of the N«-,ed Ir.suced: HUNlClPALITY The irisut'soice pirovided by this policy consists of the following coverage i.-iiv.\'; ('. 5 .:• . 'i'h~ pi:eni,un nay be subject to ad just ".snt . In cetucn i'oc payment of •;.!'!•;• p r s • " a. u r- and subject to all the te-iT. s of this policy, we agree with you to >j\ '. ?'•,•• j_ os- ti".-e insujT-a n cs «s stated in th.vs policy. AUTOMOBILE INSUFiANCE COVERAGES f; ' o 1 i c y P e r i. o d <. F o r- a b o v e cove r a q e t s > .') Policy Period is from 07-15-87 to 07-15-88 12:01 A.M., Standard Time at the mailing address of the insured. Estimated Annual Premium Premium Due at Inception $19,895.00 $19,895.00 DECLARATIONS CONTINUED ON PAGE ;;'i)i.ICY NUMBER 2 17 MXA 80035604 \! si t"i e? d J. i i5 u s.' €? d CITY OF CARLSBAD GENERAL DECLARATIONS con tinned ;..s;CAT10N OF PREMISES FIREMAN'S FUND INSURANCE COMPANIES MAIL ADDRESS NOVATOCALIFORNIA LUC. 00 J 1200 ELM AVENUE CARLSBAD CA 92008 i C:Fx;-,S ATTACHED AT INCEPTION CA0025 01-86 •3.40533 11-31 REIU 180007 11-SS CA?90S 01-78 140832 11-82 C o L; ;; t: e r s i. g n a t u r 6? s Pcoducec: CAL-SURANCE ASSOC P.O. BOX 3459 Date: 06-24-37 TORRANCE ...1 INC./DAVID UILLIAHS CA 90B10 END OF GENERAL. DECLARATIONS POLICY NUMBER 2 17 MXA 80035684 viAMED INSURED ) CITY OF CARLSBAD BUSINESS AUTO POLICY DECLARATIONS INSURANCE IS PROVIDED ONLY FOR THOSE COVERAGES, LIMITS OF LIABILITY ANC ->U)GRSEMENTS SHOWN BELOW. .>. TEM THREE - DESCRIPTION OF COVERED AUTOS <:SEE PART "1, PARAGRAPH K > OTHER AUTOMOBILE COVERAGES - PHYSICAL DAMAGE INSURANCE PHYSICAL DAMAGE INSURANCE AT ACTUAL CASH VALUE OR COST OF REPAIR. ".HilCHEVEK 13 LESS, MINUS DEDUCTIBLE SHOuN BELOU UNLESS OTHERWISE SHOWN IN ITEM FOUR, SCHEDULE OF COVERED AUTOS YOU OU'Ns i • i i'..' t~ r .-•'• f. i :•'. f. AI. A .-•* *••i i i J ;j ..'.. '-^- :•" 1~ l^1 J"l i ! •"! -.^ C. FIREMAN'S FUND INSURANCE COMPANIES MAIL ADDRESS NOVATOCALIFORNIA COVERAGES DEDUCTIELES SYMBOLS - COVERED AUTOS DESCRIPTION CSEE PART 1 PARAGRAPH IO inPREHENSIVE * 1.000* 3. HIRED AUTOS ONLY •10. ON VEHICLES VALUED AT $10,000 OR MORE * APPLIES TO ALL LOSS EXCEPT FIRE AND LIGHTNING SCHEDULE OF COVERED AUTOS YOU OUN PER SCHEDULE ON FILE U.1TH COMPANY ENDORSEMENTS. ONLY THOSE ENDORSEMENTS SHOWN BELOW APPLY CHANGES IN BUSINESS AUTO AND TRUCKERS POLICIES - MOBILE EQUIPMENT, CONTRACTUAL LIABILITY, AND POLLUTION CCA 00 25 01 86> ;. NDORSEnENTS - OTHER AUTOMOBILE COVERAGE COMPOSITE RATING PLAN tilSOOO?—11-85 > LST1MATED EXPOSURE c6 VEHICLES RATE PER VEHICLE ESTIMATED PREMIUM * 19,300 MINIMUM PREMIUM *. -IUQ „ 000 ;; !;:•:>;,£ DECLARATIONS ARE ISSUED IN CONJUNCTION UITH AND ARE PART OF POLICY i OHM 14Oil:83"ll--81 REV ;:'Ui..ICY NUMBER 2 17 MXA 80035684 VAMED INSURED ; CITY OF CARLSBAD OTHER AUTOMOBILE COVERAGE C CONTINUED :> FIREMAN'S FUND INSURANCE COMPANIES MAIL ADDRESS NOVATO CALIFORNIA PHYSICAL DAMAGE COVERAGE FOR HIRED OR BORROWED COVERED AUTOS LIMIT OF LIABILITY THE MOST USE 'JILL PAY DEDUCTIBLE: COMPREHENSIVE ACTUAL CASH VALUE, COST OF REPAIRS OR fc 20,000 WHICHEVER IS LESS, MINUS $ 1,000 DED. FOR EACH COVERED AUTO, ALL LOSS EXCEPT FIRE OR LIGHTNING. COVERED AUTOS ALL MIRED AUTOS ) 003 CITIZENS BAND RADIO COVERAGE CCA 99 OS 01 73.') :;<:.;:;CRIPTIGN OF COVERED AUTO: PER SCHEDULE ON FILE WITH COMPANY. '•}t>'\ NOTICE OF CANCELLATION CLAUSE ('.130009- 06-6S > •HIS POLICY MAY BE CANCELLED AT ANY TIME AT THE REQUEST OF THE COMPANY •>•'! GIVING C30> DAYS URITTEN NOTICE OF INTENT TO CANCEL OR AT THE KLpUEST OF THE INSURED EXCEPT HOWEVER IN EVENT OF CANCELLATION FOR :H..;,'!~PAYMENT THE COMPANY SHALL GIVE TEN dCO DAYS WRITTEN NOTICE (iF INTENT TO CANCEL. THE POLICY. UAIVER OF SUBROGATION ENDORSEMENT <:i80009~06--6E:> CALIFORNIA .IN THE EVENT OF ANY PAYMENT UNDER THIS POLICY, THE COMPANY AGREES TO Wf'UVE ITS RIGHTS UNDER SUBROGATION CONDITION AGAINST ANY PERSON OR ORGANIZATION LISTED BELOU. HE: WAIVER SHALL APPLY ONLY TO THE EXTENT REQUIRED OF THE INSURED BY ;i WRITTEN CONTRACT EXECUTED BEFORE LOSS. THIS UAIVER SHALL NOT OPERAT •p BENEFIT, EITHER DIRECTLY OR INDIRECTLY, ANY OTHER PERSON OR DECLARATIONS CONTINUED ON PAGE POLICY NUMBER 2 17 MXA 80035684 VAHED INSURED CITY OF CARLSBAD FIREMAN'S FUND INSURANCE COMPANIES MAIL ADDRESS NOVATO CAUFORNIA LNDORSE11ENTS - OTHER AUTOMOBILE COVERAGE SCHEDULE liii.-.'. CITIES OF GCEANSIuE OH VISTA <: CONTINUED i> END OF BUSINESS AUTO POLICY DECLARATIONS ' COMMERCIAL c6vmtAG&» *' I ".\ ,'* • • POLICY AMENDMENT The policy is changed as follows: A. CHANGES IN WORDS AND PHRASES WITH SPE- CIAL MEANING 1. The definition of "mobile equipment" is changed to read: "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equip- ment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained pri- marily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as grad- ers, scrapers or rollers; 5. Vehicles not described in 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mo- bility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spray- ing, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; 6. Vehicles not described in 1., 2., 3. or 4. above maintained primarily for purpose other than the transportation of per- sons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equipment are not mo- bile equipment but will be considered autos: a. Equipment designed primarily for: (1) Snow removal; BUSINESS AUTO POLICY .JjTRUCKERS'POLICY Changes In Business Auto and Truckers f r .r Policies—Mobile Equipment, : _ Contractual Liability and Pollution CA oo is 01*6* ' - •""'•I (3) Street cleaning; b. Cherry pickers and similar devices mounted on automo- bile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spray- ing, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 2. The following PHRASE WITH SPECIAL MEANING is added: "Insured contract" means; 1. A lease of premises; 2. A sidetrack agreement; 3. An easement or license agreement in connection with vehi- cle or pedestrian private railroad crossings at grade; 4. Any other easement agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 5. An indemnification of a municipality as required by or- diance, except in connection with work for a municipality; or 6. That part of any other contract or agreement pertaining to your business under which you assume the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization, if the contract or agreement is made prior to the bodily injury or property dam- age. Tort liability means liability that would be imposed by law in the absence of any contract or agreement. An "insured contract" does not include that part of any con- tract or agreement. 1. That pertains to the loan, lease or rental of an auto to you; or 2. That holds a person or organization engaged in the busi- ness of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that per- son or organization is authorized to serve by public author- ity. (2) Road maintenance, but not construction or resurfacing; B. CHANGES IN LIABILITY INSURANCE This Form must be attached to Change Endorsement when issued after the Policy is written. ONE OF THE FIREMAN'S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY 1 1 XCL STOCK NO. CA 00 25 01 86 PRESIDENT • . , PAGE ONE OF THREE STOCK NO. CA 00 25 01 86 PAGE TWO OF THREE WE WILL NOT COVER—EXCLUSIONS is changed as fol- lows: 1. The exclusion relating to liability assumed under any con- tact or agreement is changed to read: This insurance does not apply to liability assumed under any contract or agreement. This exclusion does not apply to lia- bility for damages: (1) Assumed in a contract or agreement that is an insured contract; or (2) That the insured would have in the absence of the con- tract or agreement. 2. The exclusion,relating to the obligation of the insured to indemnify another for injury to the insured's employee is changed to read: This insurance does not apply to obligation of the insured to indemnify another for damages resulting from bodily injury to the insured's employee. This exclusion does not apply to liability assumed by the insured under an insured contract. 3. The exclusion relating to bodily injury to any employee of the insured is changed to read: This insurance does not apply to bodily injury to any em- ployee of the insured arising out of and in the course of his or her employment by the insured. However, this exclusion does not apply to bodily injury to domestic employees not entitled to workers' compensation benefits or to liability assumed by the insured under an insured contract. 4. The exclusion relating to property damage to property owned or transported by the insured or in the insured's care or custody, is changed to read: This insurance does not apply to property damage to prop- erty owned or transported by the insured or in the insured's care, custody or control. This exclusion does not apply to liability assumed by the insured under a sidetrack agreement. 5. The exclusion relating to the dumping, discharge or escape of irritants, pollutants or contaminants is changed to read: This insurance does not apply to: a. Bodily injury or property damage arrising out of the ac- tual, alleged or threatened discharge, dispersal, release or es- cape of pollutants: (1) That are or that are contained in any property that is: (a) Being transported or towed by, or handled for movement into, onto or from, the covered auto; (b) Otherwise in the course of transit; or (c) Being disposed of, treated or processed in or upon the covered auto; (2) Before the pollutants or any property in which the pollu- tants are contained are moved from the place where they are accepted by the insured for movement into or onto the cov- ered auto; or (3) After the pollutants or any property in which the pollu- tants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or aban- doned by the insured. b. Any loss, cost or expense arising out of any governmental direction or request that you test for, monitor, clean up, re- move, contain, treat, detoxify or neutralize pollutants. Pollutants means any solid, liquid, gaseous or thermal irri- tant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Paragraph a (1) (c) does not apply to fuels, lubricants, fluids, exhaust gases or other similar pollutants that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered auto or its parts, if: (1) The pollutants escape or are discharged, dispersed or re- leased directly from an auto part designed by its manufac- turer to hold, store, receive or dispose of such pollutants; and (2) The bodily injury or property damage does not arise out of the operation of any equipment lised in paragraphs 6.b. and 6.c. of the definition of mobile equipment in WORDS AND PHRASES WITH SPEICAL MEANING. Paragraphs (2) and (3) of the exclusion do not apply if: (1) The pollutants or any property in which the pollutants are contained are upset, overturned or damaged as a result of the maintenance or use of a covered auto; and (2) The discharge, dispersal, release or escape of the pollu- tants is caused directly by such upset, overturn or damage. 6. The following three exclusions are added: This insurance does not apply to: Bodily injury or property damage caused by declared or un- declared war or insurrection or any of their consequences. This exclusion applies only to liability assumed under a con- tract or agreement. Bodily injury or property damage arising out of the opera- tions of any equipment listed in paragraphs 6.b. and 6.c. of the definition of mobile equipment in WORDS AND PHRASES WITH SPEICAL MEANING. Bodily injury or property damage arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: (1) Work or operations performed_by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or per- formance of any of the items included in paragraphs (1) or (2) above. Your work will be deemed completed at the earliest of the folio wing times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been com- pleted if your contract calls for work at more than one site. C. CHANGES IN CONDITIONS The OTHER INSURANCE Condition (or, if forming a part of the policy, the OTHER INSURANCE—PRIMARY AND EXCESS INSURANCE PROVISIONS Condition) applies except as follows: Any liability insurance for liability assumed under an insured contract is primary insurance. If other valid and collectible insurance applies to liability assumed under an insured con- tract, we will pay only our share. Our share is the proportion that the limit of our policy bears to the total limits of all poli- cies covering on the same basis. STOCK NO. CA 00 25 01 86 PAGE THREE OF THREE COMMERCIAL AUTOMOBILE COVERAGE POLICY'AMENDMENT BUSINESS A UTO POLICY GARAGE POLICY TRUCKERS' POLICY Citizens Band Radio Coverage CA 99 08 01 78 IF THE FOLLOWING INFORMATION IS NOT COMPLETE, REFER TO THE APPROPRIATE DECLARATIONS ATTACHED TO THE POLICY. INSURED PRODUCER POLICY NUMBER SEQUENTIAL NO. EFFECTIVE DATE DECLARATIONS DESCRIPTION OF COVERED AUTOS: A. PHYSICAL DAMAGE INSURANCE on a covered auto described in the Declarations for this endorsement also applies to loss to any permanently installed equipment designed for use as a: 1. Citizens'band radio, or 2. Two-way mobile radio or telephone, or 3. Scanning monitor receiver including its antennas and other accessories. B. No deductibles will be applicable to the limit of liability. This Form must be attached to Change Endorsement when issued after the Policy is written. ONE OF THE FIREMAN'S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY L&cL*£&jB£idiyi^ STOCK NO. CA 99 08 01 78 IIXCL _ , ,, ' - --'••-:• W''!*I > '.',,-^ ^4f.. ' COMMERCIAL AUTOMOBILE"l UCOVERAGE'" '.;.. ',::•••; ;:v;,/; - ' ••-• BUSINESS AUTO POLICY POLICY COVERAGE = 140583-11-81 (REV.) These self-contained policy provisiohsrtogether with other applicable terms, conditions, exclusions, coverage parts and endorse- ments of this policy which are a part of this policy by designation in the Declarations, complete the Auto coverage provided by this policy. The premium is included in the Declarations of this Policy. BUSINESS AUTO POLICY In return for payment of the premium and subject to all the terms of this policy and the coverages and endorsements which are a part of this policy by designation in the Declarations, we agree with you as follows: PART I — WORDS AND PHRASES WITH SPECIAL MEANING — READ THEM CAREFULLY The following words and phrases have special meaning part of the roads or other accesses that adjoin your premises. throughout the policy and appear, other than in the Declara- tions, in boldface type when used. A. "You" and "your" mean the person or organization shown as the named insured in ITEM ONE of the Declara- tions. B. "We", "us" and "our" mean the company providing the insurance. . C. "Accident" includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage the insu red neither expected nor intended. D. "Auto" means a land motor vehicle, trailer or semi- A trailer designed for travel on public roads but does not in- ) elude mobile equipment. E. "Bodily injury" means bodily injury, sickness or disease resulting from any of these. F. "Insured" means any person or organization qualifying as an insured in the WHO IS INSURED section of the applica- ble insurance. Except with respect to our limit of liability, the insurance afforded applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought. G. "Loss" means direct and accidental damage or loss. H. "Mobile equipment" means any of the following type of land vehicles: 1. Specialized equipment such as: Bulldozers; Power shov- els; Rollers, graders or scrapers; Farm machinery; Cranes; Street sweepers or other cleaners; Diggers; Fork-lifts; 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 permanantly attached. 4. Vehicles not required to be licensed. 5. Autos maintained for use solely on your premises or that 1. "Property damage" means damage to or loss of use of tangible property. J. "Trailer" includes semitrailer. K. Description of Covered Auto Designation Symbols" when shown in Item Two of the Declarations means: SYMBOL DESCRIPTION 1 = ANY AUTO. 2 = OWNED AUTOS ONLY.* Only those autos you own (and for liability coverage any trailers you don't own while attached to power units you own). This includes those autos whose ownership you acquire after the policy begins. 3 = OWNED PRIVATE PASSENGER AUTOS ONLY.* Only the private passenger autos you own. This includes those private passenger autos whose ownership you acquire after the policy be- gins. 4 = OWNED AUTOS OTHER THAN PRIVATE PASSENGER AUTOS.* Only those autos you own which are not of the private passenger type (and for liability coverage any trailers you don't own while attached to power units you own). This includes those autos, not of the private passenger type, whose ownership you acquire after the pol- icy begins. 5 = OWNED AUTOS SUBJECT TO NO-FAULT.* Only those autos you own which are required to have No-Fault benefits in the state where they are licensed or principally garaged. This includes those autos whose ownership you acquire after the policy begins provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged. 6 = OWNED AUTOS SUBJECT TO A COMPUL- SORY UNINSURED MOTORISTS LAW.* This Form must be attached to Change Endorsement when issued after the Policy is written. . ONE DF THE FIREMAN'S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY II XCL PRESIDENT- . * i' i; STOCK NO. 140583-11-81 (REV.)PAGE ON EOF EIGHT CK NO. 140583-11-81 (REV.) PAGE EIGHT OF EIGHT STOCK NO. 140583-11-81 (REV.) SYMBOL DESCRIPTION .quh Only those autos you own which, because of the torn' law in the state where they are licensed or prin- cipally garaged, are required to have and cannot reject uninsured motorists insurance. This in- cludes those autos whose ownership you acquire after the policy begins provided they are subject to the same state uninsured motorists require- ment. 7 = SPECIFICALLY DESCRIBED AUTOS. Only those autos described in ITEM FOUR (and for liability coverage any trailers you don't own while attached to any power unit described in ITEM FOUR). 8 = HIRED AUTOS ONLY. Only those autos you lease, hire, rent or borrow. This does not in- clude any auto you lease, hire, rent or borrow PAGE TWO OF EIGHT SYMBOL DESCRIPTION from any of your employees or members of their households. 9 = NONOWNED AUTOS ONLY. Only those autos you do not own, lease, hire or borrow which are used in connection with your business. This includes autos owned by your employees or members of their households but only while used in your business or your per- sonal affairs. 10 = Any other AUTOS. Only those specifically described in the covered auto description in ITEM TWO of the Declarations. *Owned Autos include an auto leased to you under a leasing agreement of one year or more, including any substitute or replacement, for which the leasing agreement requires you to provide primary insurance for the lessor. PART II — WHICH AUTOS ARE COVERED AUTOS A. ITEM TWO in the Declarations shows the symbols of the autos that are covered autos for each of your coverages. The numerical symbols explained in PART I.K. describe which autos are covered autos. The symbols entered next to a coverage designate the only autos that are covered autos. B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS.SUCi its ti. If symbols "1", "2", "3", "4", "5" or "6" are entered next to a coverage in ITEM TWO, then you already have coverage for autos of the type described until the policy ends. 2. But, if symbol "7" is entered next to a coverage in ITEM TWO, an auto you acquire will be a covered auto for that coverage only if: a. We already insure all autos that you own for that coverage or it replaces an auto you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to insure it for that coverage. C. CERTAIN TRAILERS AND MOBILE EQUIPMENT. If the policy provides liability insurance, the following types of vehicles are covered autos for liability insurance: 1. Trailers with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. Mobile equipment while being carried or towed by a covered auto. PART III — WHERE AND WHEN THIS POLICY COVERS We cover accidents and losses which occur during the policy sions, Puerto Rico or Canada; or B. While the covered auto is being transported between anyperiod: A. In the United States of America, its territories or posses-of these places. PART IV — LIABILITY INSURANCE A. WE WILL PAY. 1. We will pay all sums the insured legally must pay as damages because of bodily injury or property damage to which this insurance applies, caused by an accident and resulting from the ownership, maintenance or use of a covered auto. 2. We have the right and duty to defend any suit asking for these damages. However, we have no duty to defend suits for bodily injury or property damage net covered by this policy. We may investigate and settle any claim 01 suit as we consider appropriate. Our payment of the LIABILITY IN- SURANCE limit ends our duty to defend or settle. B. WE WILL ALSO PAY. In addition to our limit of liability, we will pay for the in- sured: 1. Up to $250 for cost of bail bonds (including bonds for related traffic law violations) required because of an acci- dent we cover. We do not have to furnish these bonds. 2. Premiums on appeal bonds in any suit we defend. 3. Premiums on bonds to release attachments in a suit we defend but only for bonds up to our limit of liability. 4. All costs taxed to the insured in a suit we defend. 5. All interest accruing after the entry of the .judgment in a suit we defend. Our duty to pay interest ends when we pay or tender our limit of liability. ••6. Up to $50 a day for loss of earnings (but not other in- come) because of attendance at hearings or trials at our re- quest. 7. Other reasonable expenses incurred at our request. C. WE WILL NOT COVER — EXCLUSIONS. This insurance does not apply to: 1. Liability assumed under any contract or agreement. 2. Any obligation for which the insured or his or her insurer may be held liable under any workers' compensation or disability benefits law or under any similar law. 3. Any obligation of the insured to indemnify another for damages resulting from bodily injury to the insured'* employee. 4. Bodily injury to any fellow employee of the insured aris- ing out of and in the course of his or her employment. 5. Bodily injury to any employee of the insured arising out of and in the course of his or her employment by the in- sured. However, this exclusion does not apply to bodily in- jury to domestic employees not entitled to workers' compen- sation benefits. 6. Property damage to property owned or transported by the insured or in the insured's care, custody or control. 7. Bodily injury or property damage resulting from the handling of property: Before it is moved from the place where it is accepted by e insured for movement into or onto the covered auto, or b. After it is moved from the covered auto to the place where it is finally delivered by the insured. 8. Bodily injury or property damage resulting from the movement of property by a mechanical device (other than a hand truck) not attached to the covered auto. 9. Bodily injury or property damage caused by the dump- ing, discharge or escape of irritants, pollutants or con- taminants. This exclusion does not apply if the discharge is sudden and accidental. D. WHO IS INSURED. 1. You are an insured for any covered auto. 2. While any covered auto is rented or leased to you and is being used by or for you, its owner or anyone else from whom you rent or lease it is an insured but only for that cov- ered auto. However, that covered auto's owner or anyone else from whom it is rented or leased is not an insured for liability resulting from defects or faulty workmanship. 3. Anyone else is an insured while using with your permis- sion a covered auto you own, hire or borrow except: a. The owner of a covered auto you hire or borrow from I one of your employees or a member of his or her household. b. Someone using a covered auto while he or she is working in a business of selling, servicing, repairing or parking autos unless that business is yours. c. Anyone other than your employees, a lessee or borrower or any of their employees, while moving property to or from a covered auto. 4. Anyone is an insured for his or-her liability because of acts or omissions of an insured described above. However, the owner of or anyone else from whom you hire or borrow a covered auto is an insured only if that auto is a trailer con- nected to a covered auto you own. E. OUR LIMIT OF LIABILITY Regardless of the number of covered autos, insureds, claims made or vehicles involved in the accident, our limit of liabili- ty is as shown in the Declarations and as defined below: 1. Combined bodily injury liability and property damage liability. The most we will pay for all damages resulting from any one accident is the LIABILITY INSURANCE limit shown in the Declarations. 2. Separate limits of liability for bodily injury liability and property damage liability. The most we will pay for all damages resulting from bodily injury to any one person caused by any one accident is the limit of Bodily Injury Liability shown in the Declarations for "each person". Subject to the limit for "each person", the most we will pay for all damages resulting from bodily injury caused by any one accident is the limit of Bodily Injury Liability shown in the Declarations for "each accident". The most we will pay for all damages resulting from proper- ty damage caused by any one accident is the limit of Proper- ty Damage Liability shown in the Declarations. For the purpose of determining our limit of liability under 1. or 2. above, all bodily injury and property damage resulting from continuous or repeated exposure to substantially the same conditions will be considered as resulting from one ac- cident. F. OUT OF STATE EXTENSIONS OF COVERAGE. 1. While a covered auto is away from the state where it is licensed we will: a. Increase this policy's liability limits to meet those speci- fied by a compulsory or financial responsibility law in the jurisdiction where the covered auto is being used. b. Provide the minimum amounts and types of other cover- ages, such as "No-Fault", required out of state vehicles by the jurisdiction where the covered auto is being used. 2. We will not pay anyone more than once for the same elements of loss because of these extensions. PART V — AUTO MEDICAL PAYMENTS INSURANCE A. WORDS AND PHRASES WITH SPECIAL MEAN- ING: In addition to the WORDS AND PHRASES WITH SPE- CIAL MEANING in the policy, the following words and STOCK NO. 140583-11-81 (REV.)PAGE THREE OF EIGHT STOCK NO. 140583-11-81 (REV.)PAGE FOUR OF EIGHT phrases have special meaning for AUTO MEDICAL PAY- ENTS INSURANCE: . "Family member" means a person related to you, by blood, marriage or adoption who is a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. B. WE WILL PAY. We will pay reasonable expenses incurred for necessary medical and funeral services to or for an insured who sus- tains bodily injury caused by accident. We will pay only those expenses incurred within three years from the date of the accident. C. WE WILL NOT COVER — EXCLUSIONS. This insurance does not apply to: 1. Bodily injury sustained by an insured while occupying a vehicle located for use as a premises. 2. Bodily injury sustained by you or any family member while occupying or struck by any vehicle (other than a covered auto) owned by you or furnished or available for your regular use. 3. Bodily injury sustained by any family member while oc- cupying or struck by any vehicle (other than a covered auto) owned by or furnished or available for the regular use of any family member. 4. Bodily injury to your employee arising out of and in the course of employment by you. However, we will cover bodi- y injury to your domestic employees if not entitled to workers' compensation benefits. 5. Bodily injury to an insured while working in a business of selling, servicing, repairing or parking autos unless that business is yours. 6. Bodily injury caused by declared or undeclared war or in- surrection or any of their consequences. 7. Bodily injury to anyone using a vehicle without a reasonable belief that the person is entitled to do so. D. WHO IS INSURED. 1. You or any family member while occupying or, while a pedestrian, when struck by any auto. 2. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown, repair, servicing, loss or destruction. E. OUR LIMIT OF LIABILITY. Regardless of the number of covered autos, insureds, claims made or vehicles involved in the accident, the most we will pay for bodily injury for each insured injured in any one ac- cident is the limit of AUTO MEDICAL PAYMENTS shown in the Declarations. F. CHANGES IN CONDITIONS. The CONDITIONS of the policy are changed for AUTO MEDICAL PAYMENTS INSURANCE as follows: 1. OUR RIGHT TO RECOVER FROM OTHERS does not apply. 2. The reference in OTHER INSURANCE to "other collec- tible insurance" applies only to other collectible auto medical payments insurance. PART VI — UNINSURED MOTORISTS INSURANCE A. WORDS AND PHRASES WITH SPECIAL MEAN- ING: In addition to the WORDS AND PHRASES WITH SPE- CIAL MEANING in the policy, the following words and phrases have special meaning for UNINSURED MOTOR- ISTS INSURANCE: 1. "Family member" means a person related to you by blood, marriage or adoption who is a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. 3. "Uninsured motor vehicle" means a land motor vehicle or trailer: a. For which no liability bond or policy at the time of an ac- cident provides at least the amounts required by the ap- plicable law where a covered auto is principally garaged, or b. For which the sum of all liability bonds or policies at the time of an accident provides at least the amounts required by the applicable law where a covered auto is principally garaged but their limits are less than the limit of this in- surance, or "c. For which an insuring or bonding company denies coverage or is or becomes insolvent, or d. Which is a hit-and-run vehicle and neither the driver nor owner can be identified. The vehicle must hit an insured, a covered auto or a vehicle an insured is occupying. However, "uninsured motor vehicle" does not include any vehicle: a. Owned or operated by a self-insurer under any applicable motor vehicle law. b. Owned by a governmental unit or agency. c. Designed for use mainly off public roads while not on public roads. B. WE WILL PAY 1. We will pay all sums the insured is legally entitled to recover as damages from the owner or driver of an unin- sured motor vehicle. The damages must result from bodily injury sustained by the insured caused by an accident. The owner's or driver's liability for these damages must result from the ownership, maintenance or use of the uninsured motor vehicle. 2. If this insurance provides a limit in excess of the amounts required by the applicable law where a covered auto is prin- cipally garaged, we will pay only after all liability bonds or policies have been exhausted by judgments or payments. 3. Any justment for damages arising out of a suit brought without our written consent is not binding on us. C. WE WILL NOT COVER — EXCLUSIONS. The insurance does not apply to: "I. Any claim settled without our consent. - *2. The direct or indirect benefit of any insurer or self-in- surer under any workers' compensation, disability bene- fits or similar law. 3. Bodily injury sustained by you or any family member while occupying or struck by any vehicle owned by you or any family member which is not a covered auto. 4. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. D. WHO IS INSURED. 1. You or any family member. 2. Anyone else occupying a covered auto or a temporary substitute for a covered auto. The covered auto must be out of service because of its breakdown, repair, servicing, loss or destruction. 3. Anyone for damages he is entitled to recover because of bodily injury sustained by another insured-. E. OUR LIMIT OF LIABILITY. 1. Regardless of the number of covered autos, insureds, claims made or vehicles involved in the accident, our limit of liability is as follows: The most we will pay for all damages resulting from bodily injury to any one person caused by any one accident is the limit shown in the Declarations for "each person". subject to the limit for "each person", the most we will pay ior all damages resulting from bodily injury caused by any one accident is the limit shown in the Declarations for "each accident." 2. Any amount payable under this insurance shall be re- duced by: a. All sums paid or payable under any workers' compensa- tion, disability benefits or similar law, and b. All sums paid by or for anyone who is legally responsi- ble, including all sums paid under the policy's LIABILITY INSURANCE. 3. Any amount paid under this insurance will reduce any amount an insured may be paid under the policy's LIA- BILITY INSURANCE. F. CHANGES IN CONDITIONS. The CONDITIONS of the policy are changed for UNIN- SURED MOTORISTS INSURANCE as follows: 1. The reference in OTHER INSURANCE to "other collec- tible insurance" applies only to other collectible uninsured motorists insurance. 2. YOUR DUTIES AFTER ACCIDENT OR LOSS is changed by adding the following: a. Promptly notify the policy if a hit-and-run driver is in- volved, and b. Promptly send us copies of the legal papers if a suit is brought. 3. OUR RIGHT TO RECOVER FROM OTHERS is changed by adding the following: If we make any payment and the insured recovers from another party, the insured shall hold the proceeds in trust for us and pay us back the amount we have paid. 4. The following Condition is added: ARBITRATION a. If we and an insured disagree whether the insured is legal- ly entitled to recover damages from the owner or driver of an uninsured motor vehicle or do not agree as to the amount of damages, either party may make a written demand for ar- bitration. In this event, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third ar- bitrator equally. b. Unless both parties agree otherwise, arbitration will take place in the county in which the insured lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. PART VII — PHYSICAL DAMAGE A. WE WILL PAY. I. We will pay for loss to a covered auto or its equipment under: a. Comprehensive Coverage. From any cause except the covered auto's collision with another object or its overturn. b. Specified Perils Coverage. Caused by: (1) rire or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; %J) Mischief or vandalism; (6) The sinking, burning, collision or derailment of any conveyance transporting the covered auto. c. Collision Coverage. Caused by the covered auto's colli- sion with another object or its overturn. d. Combined Physical Damage Coverage. From any cause including the covered auto's collision with another object or its overturn. 2. Towing. We will pay up to $25 for towing and labor costs incurred each time a covered auto of the private passenger type is disabled. However, the labor must be performed at the place of disablement. B. WE WILL ALSO PAY. We will also pay up to $10 per day to a maximum of $300 for transportation expense incurred by you because of the total theft of a covered auto of the private passenger type. We will pay only for those covered autos for which you STOCK NO. 140583-11-81 (REV.)PAGE FIVE OF EIGHT STOCK NO. 140583-11-81 (REV.)PAGE SIX OF EIGHT carry either Comprehensive or Specified Perils Coverage. We will pay for transportation expenses incurred during the:ucfkeriod beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered auto is returned to use or we pay for its loss. C. WE WILL NOT COVER — EXCLUSIONS. This insurance does not apply to: 1. Wear and tear, freezing, mechanical or electrical break- down unless caused by other loss covered by this policy. 2. Blowouts, punctures or other road damage to tires unless caused by other loss covered by this policy. 3. Loss caused by declared or undeclared war or insurrec- tion or any of their consequences; 4. Loss caused by the explosion of a nuclear weapon or its consequences. 5. Loss caused by radioactive contamination. 6. Loss to tape decks or other sound reproducing equip- ment not permanently installed in a covered auto. 7. Loss to tapes, records or other sound reproducing de- vices designed for use with sound reproducing equipment. 8. Loss to any sound receiving equipment designed for use as a citizens' band radio, two-way mobile radio or telephone or scanning monitor receiver, including its antennas and other accessories, unless permanently installed in the dash or console opening normally used by the auto manufacturer for the installation of a radio. '*V HOW WE WILL PAY FOR LOSSES — THE MOST WE WILL PAY. 1. At our option we may: a. Pay for, repair or replace damaged or stolen property; or b. For theft, return the stolen property, at our expense. We will pay for any damage that results to the auto from the theft. 2. The most we will pay for loss is the smaller of the follow- ing amounts: a. The amount shown in ITEM FOUR, Schedule of Autos You Own, in the Declarations. b. The actual cash value of the damaged or stolen property at the time of loss. c. The cost of repairing or replacing the damaged or stolen property with other of like kind or quality. 3. For each covered auto, our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declara- tions does not apply to loss caused by fire or lightning. E. GLASS BREAKAGE — HITTING A BIRD OR ANI- MAL — FALLING OBJECTS OR MISSLES. We will pay for glass breakage, loss caused by hitting a bird or animal or by falling objects or missies under Comprehen- sive Coverage for the damaged covered auto. However, you have the option of having glass breakage caused by a covered auto's collision or overturn considered a loss under Collision Coverage. PART VIII — CONDITIONS The insurance provided by this policy is subject to the fol- lowing conditions: A. YOUR DUTIES AFTER ACCIDENT OR LOSS. 1. You must promptly notify us or our agent of any acci- dent or loss. You must tell us how, when and where the acci- dent or loss happened. You must assist in obtaining the names and addresses of any injured persons and witnesses. 2. Additionally, you and other involved insureds must: a. Cooperate with us in the investigation, settlement or defense of any claim or suit. No insured shall, except at his or her own cost, voluntarily make any payment, assume any obligation or incur any expense. b. Immediately send us copies of any notices or legal papers received in connection with the accident or loss. c. Submit at our expense and as often as we require to physical examinations by physicians we select. d. Authorize us to obtain medical reports and other perti- nent medical information. 3. Additionally, to recover for loss to a covered auto or its ^equipment you must do the following: a. Permit us to inspect and appraise the damaged property before its repair or disposition. b. Do what is reasonably necessary after loss at our expense to protect the covered auto from further loss. c. Submit a proof of loss when required by us. d. Promptly notify the police if the covered auto or any of its equipment is stolen. B. OTHER INSURANCE 1. For any covered auto you own this policy provides pri- mary insurance. For any covered auto you don't own, the insurance provided by this policy is excess over any other collectible insurance. However, while a covered auto which is a trailer is connected to another vehicle the liability cover- age this policy provides for the trailer: a. Is excess while it is connected to a motor vehicle you don't own. b. Is primary while it is connected to a covered auto you own. 2. When two or more policies cover on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the limit of our policy bears to the total of the limits of all the policies covering on the same basis. • C. OUR RIGHT TO RECOVER FROM OTHERS. If we make any payment, we are entitled to recover what we paid from other parties. Any person to or for whom we make payment must transfer to us his or her rights of recovery against any other party. This person must do everything necessary to secure these rights and must do nothing that would jeopardize them. „.). CANCELLING THIS POLICY DURING THE POL- ICY PERIOD. 1. You must cancel the policy by returning it to us or by giv- ing us advance notice of the date cancellation is to take ef- fect. 2. We may cancel the policy by mailing you at least 10 days notice at your last address known by us. We may deliver any notice instead of mailing it. Proof of mailing of any notice will be sufficient proof of notice. 3. The effective date of cancellation stated in the notice shall become the end of the policy period. 4. If this policy is cancelled, you may be entitled to a pre- mium refund. If so, we will send you the refund. However, making or offering to make the refund is not a condition of cancellation. If you cancel, the refund, if any, will be com- puted in accordance with the customary short rate pro- cedure. If we cancel, the refund, if any, will be computed pro rata. E. LEGAL ACTION AGAINST US. No legal action may be brought against us until there has been full compliance with all the terms of this policy. In ad- dition, under LIABILITY INSURANCE, no legal action may be brought against us until we agree in writing that the insured has no obligation to pay or until the amount of that obligation has been finally determined by judgment after rial. No person or organization has any right under this policy to bring us into any action to determine the liability of the insured. F. INSPECTION. At our option we may inspect your property and operations at any time. These inspections are for our benefit only. By our right to inspect or by our making any inspection we make no representation that your property or operations are safe, not harmful to health or comply with any law, rule or regulation. G. CHANGES. This policy contains all the agreements between you and us. It terms may not be changed or waived except by endorse- ment issued by us. If a change requires a premium adjust- ment, we will adjust the premium as of the effective date of change. If we revise this policy form to provide more coverage without additional premium charge your policy will automatically provide the additional coverage as of the date the revision is effective in your state. H. TRANSFER OF YOUR INTEREST IN THIS POLICY. Your rights and duties under this policy may not be assigned without our written consent. I. NO BENEFIT TO BAILEE — PHYSICAL DAMAGE INSURANCE ONLY. We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, stor- ing or transporting property for a fee regardless of any other provision of this policy. J. BANKRUPTCY. Bankruptcy or insolvency of the insured shall not relieve us of any obligations under this policy. K. APPRAISAL FOR PHYSICAL DAMAGE LOSSES. 1. If you and we fail to agree as to the amount of loss either may demand an appraisal of the loss. In such event, you and we shall each select a competent appraiser, and the ap- praisers shall select a competent and disinterested umpire. The appraisers shall state separately that actual cash value and the amount of loss, and, failing to agree, shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. You and we shall each pay the chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. 2. We shall not be held to have waived any of our rights by any act relating to appraisal. L. TWO OR MORE POLICIES ISSUED BY US. If this policy and any other policy issued to you by us or any company affiliated with us apply to the same accident, the aggregate maximum limit of liability under all the policies shall not exceed the highest applicable limit of liability under any one policy. This condition does not apply to any policy issued by us or an affiliated company specifically to apply as excess insurance over this policy. M. ESTIMATED ANNUAL PREMIUM. The estimated annual premium for this policy is based on the exposures you told us you would have when this policy began. We will compute your final premium due when we deter- mine your actual exposures. The estimated annual premium will be credited against the final premium due and you will be billed for the balance, if any. If the estimated annual premium exceeds the final premium due you will get a re- fund. To determine your final premium due we may ex- amine your records at any time during the period of coverage and up to three years afterward. If this policy is issued for more than one year, the premium shall be com- puted annually based on our rates or premiums in effect at the beginning of each year of the policy. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement modifies the provisions of this policy relating to all Medical Payments and Automobile Liability Insurance. It is agreed that: • , ; . ; I This policy does not apply: A. Under any Liability Coverage, to bodily injury or prop- erty damage (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 STOCK NO. 140583-11-81 (REV.)PAGE SEVEN OF EIGHT STOCK NO. 140583-11-81 (REV.)PAGE EIGHT OF EIGHT Association of Canada, or would be an insured under any such policy but for its termination upon exhaustion of its Vnit of liability; or> (2) resulting from 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 Payments Coverage, or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and aris- ing out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or prop- erty damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b) has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, trans- ported or disposed of by or on behalf of an insured; or <3) the bodily injury or property damage arises out of the Burnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) ap- plies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties" include radioactive, toxic or explo- sive properties; "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear material", and "by- product 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 component solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (a) containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or throium from any ore processed primarily for its source material content, and (b) resulting from the operation by any person or organiza- tion of any nuclear facility included under the first two para- graphs of the definition of nuclear facility; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) pro- cessing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basic, excavation, premises or place prepared or used, for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "property damage" includes all forms of radioactive con- tamination of property. IN WITNESS WHEREOF, we have caused this policy to be signed by our President and Secretary, but it shall not be binding upon us unless it is countersigned on the General Declarations page by one of our duly authorized agents. SECRETARY PRESIDENT , - - - _ <g~r,T,-j- -v*^* i BUSINESS AUTO POLICY TRUCKERS' POLICY ,. i ' Physical Damage Coverage for Hired or Borrowed Covered Autos 140832—11.82 IF THE FOLLOWING INFORMATION IS NOT COMPLETE, REFER TO THE APPROPRIATE DECLARATIONS ATTACHED TO THE POLICY. COMMERCIAL LINES -"ilOv. . POLICY AMENDMENTS INSURED PRODUCER POLICY NUMBER SEQUENTIAL NO. EFFECTIVE DATE DECLARATIONS COVERAGES LJ COMPREHENSIVE Li SPECIFIED PERILS LJ COLLISION LIMIT OF LIABILITY THE MOST WE WILL PAY DEDUCTIBLE ACTUAL CASH VALUE, COST OF REPAIRS OR $ WHICHEVER IS LESS, MINUS $ FOR EACH COVERED AUTO, ALL LOSS EXCEPT FIRE OR LIGHTNING. ACTUAL CASH VALUE, COST OF REPAIRS OR $ EACH COVERED AUTO, FOR LOSS CAUSED BY MISCHIEF OR ACTUAL CASH VALUE, COST OF REPAIRS OR $ FOR EACH COVERED AUTO. WHICHEVER IS LESS, MINUS $25 DED. VANDALISM. WHICHEVER IS LESS, MINUS $ DED. FOR DED. PHYSICAL DAMAGE INSURANCE FOR COVERED AUTOS YOU HIRE OR BORROW IS EXCESS UNLESS INDICATED BY" 1*1". U IF THIS BOX IS CHECKED, PHYSICAL DAMAGE INSURANCE APPLIES ON A DIRECT PRIMARY BASIS AND FOR PURPOSES OF THE CONDI- TION ENTITLED OTHER INSURANCE, ANY COVERED AUTO YOU HIRE OR BORROW IS DEEMED TO BE A COVERED AUTO YOU OWN. COVERED AUTOS LJ ALL HIRED AUTOS. LJ HIRED AUTOS INDICATED BELOW. This endorsement provides only those PHYSICAL DAMAGE INSURANCE coverages indicated in the Declarations. Each of these coverages applies only to those covered autos you hire or borrow (not including autos you borrow or rent from your employees or members of their households). This Form must be attached to Change Endorsement when issued after the Policy is written. ONE OF THE FIREMAN'S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY STOCK NO. 140832—11-82 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL COVERAGE AUTOMOBILE AND / GENERAL LIABILITY ? : Composite Rating Plan : ••-.•""*'. "'*•'-":",- '"' - * ;" ' ' '• * v:, POLICY AMENDMENT 180007—11-85 N 1 IF THE FOLLOWING INFORMATION IS NOT COMPLETE, REFER TO THE APPROPRIATE DECLARATIONS ATTACHED TO THE POLICY. INSURED PRODUCER POLICY NUMBER SEQUENTIAL NO. EFFECTIVE DATE DECLARATIONS ESTIMATED EXPOSURE RATE ESTIMATED PREMIUM MINIMIMUM PREMIUM rate to the actual The estimated exposure, rate, estimated premium and mini- The earned premium shall be computed by applying the mum premium for the insurance afforded by the policy are as shown in the Declarations for this endorsement to the ac shown in the Declarations above. exposure developed, subject, however, to the minimum pre- _,, , . . . , , . ., _. . .. , mium shown in the Declarations for this endorsement.The advance premium is as stated in the Declarations of the oolicv. This Form must be attached to Change Endorsement when issued after the Policy is written. ONE OF THE FIREMAN'S FUND INSURANCE COMPANIES AS NAMED IN THE POLICY ^ II XCL PRESIDENT STOCK NO. 180007—11-85 rU;..ICY NUMBER 2 17 MXA 800356O4 '.JAriED INSURED CITY OF CARLSBAD FIREMAN'S FUND INSURANCE COMPANIES MAIL ADDRESS NOVATO CALIFORNIA INSURANCE: GUARANTEE: ASSOCIATION RECOUPMENT SURCHARGE INCLUDED IN YOUR TOTAL ESTIMATED ANNUAL PREMIUM. OF END OF COVERAGE DECLARATIONS CAL-bURANCE ASSOCIATES, INC. March 30, 1987 Ruth Fletcher Risk Management Coordinator City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: Vehicle Physical Damage Coverage Firemans Fund Insurance Company Policy #MXA80024814 Expiration: March 16, 1987 Dear Ruth: As you are aware, the captioned Vehicle Physical Damage policy expired on March 16, 1987. Per your instructions, this policy was extended for one month to April 16, 1987, pending your decision on the renewal quote. Firemans Fund has offered to continue this coverage which provides Comprehensive coverage on all owned or hired vehicles valued at $10,000 or more, subject to a $1,000 deductible per vehicle, per loss. Their renewal quotation is $19,800, based on coverage for 76 vehicles, per the attached schedule, with a total purchase price value of $1,746,542. For comparison purposes, last year's policy was written at an annual premium of $10,620, which covered 44 vehicles at a total value of $1,022,360. The increase in this year's premium is due to a value increase of 70% from last year, as well as increased rates. As you know, vehicles valued under $10,000 are covered while on"pre- mises only for comprehensive type losses. This coverage is provided under Firemans Fund Property policy number MXX6317720. Please review this renewal quotation and advise prior to April 16th as to your renewal instructions. If you have any questions regarding this quotation, please do not hesitate to contact our office. Yours truly, David J. Williams /••— (^ i; 98fif Account Executive . APR i-IWI cc: Ray Patchett, Assistant City Manager Don Jack, Insurance Consultant > _. A Member of the Cal-Surance Group RISK M^ •' Mailing address P.O. Box 3459, Torrance, CA 90510 2790 Skypark Drive, Torrance, CA 90505 (213) 530-5555 LA. (213) 772-3151 CAL-SURANCE ASSOCIATES, INC, July 8', 1987 Robert German Risk Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 RE: Vehicle Physical Damage Coverage Fireman's Fund Insurance Company Policy #MXA80035684 Renewal Effective: July 15, 1987 Dear Bob: We are pleased to enclose the captioned Vehicle Physical Damage insurance policy issued by the Fireman's Fund Insurance Company for the City of Carlsbad effective July 15, 1987 to July 15, 1988. Per the City's instructions, this policy provides Comprehensive coverage for owned and hired vehicles valued at $10,000 or higher subject to a $1,000 deductible per vehicle per loss. The estimated annual premium of $19,800 plus the GIGA surcharge of $95 was billed the City on June 29, 1987 and is due and payable July 30, 1987. The premium is based on 76 vehicles with a composite rate of $260.53 per vehicle. This policy provides coverage for citizens band radios as per the expiring policy. Also, vehicles valued under $10,000 are covered only while on premises for comprehensive type losses. Please review the enclosure and should you have any questions, feel free to contact this office. Very truly yours, David J. Williams Account Executive D f!< r ' : i JUL I 6 1987 L CfTY OF CARLSBAD Fii^K MANAGEMENT A Member of the Cal-Surance Group Mailing Address P.O. Box 3459, Torrance. CA 9O51O 279O Skypark Drive, Torrance, CA 9O6O5 (213) 53O-5555 LA. (213) 772-3151