HomeMy WebLinkAbout1999-01-03; City Council; 9802; Renewal of insurance coverage: vehicle damageCARLSBAD - AGENDfeBILL
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DEPT.
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1/3/89
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TITLE: RENEWAL OF VEHICLE PHYSICAL
DAMAGE INSURANCE COVERAGE
DEPT. HD.$0£Z-
P.ITY ATT^Y2i3
CITY MGBL/pflP
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RECOMMENDED ACTION:
Approval of Resolution No.authorizing the renewal of the Vehicle
Physical Damage Insurance Coverage in accordance with staff recommendations
at an estimated annual premium of $23,688.
i
ITEM EXPLANATION
The current Vehicle Physical Damage Insurance Coverage expired on July 15, 1988.
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:XII 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
1987/88
1988/89
FISCAL IMPACT
Number of
Vehicles Covered
77
89 (+16%)
Value of
Vehicles Covered
$1,746,542
$2,072,912 (+19%)
Premium Charged
$19,895
$23,688 (+19%)
The recommended renewal proposal contains a cost increase of $3,793. That
represents an increase of 19% over the FY 1987/88 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 MXA 80046190
3. Letter from Cal Surance Associates dated 9/1/88
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RESOLUTION NO.89-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING RENEWAL OF
THE CITY'S VEHICLE PHYSICAL DAMAGE INSURANCE COVERAGE
WHEREAS, The City has previously maintained Vehicle Physical
Damage Coverage for its fleet; and
WHEREAS, The City's Insurance Broker has received quotes for the
continuation of that coverage; and
WHEREAS, Upon evaluation of the quote for Vehicle Physical Damage
Insurance, the City desires to renew its insurance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
2. That the renewal of the City's vehicle physical damage insurance
with Firemen's Fund Insurance Companies is hereby approved and the
Finance Director is authorized to issue a warrant for the premium of said
renewal in the amount of $23,688.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council on the 3rd day of January , 1989, by the following vote,
to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
"CLAUDE'A. LEWIS, Mayor
ATTEST:
flC.
A LET HA L. RAUTENKRANZ, City Clerk
POLICY NUMBER
2 17 MXA 80046190
F' R [-1V . P 0 L1C Y N u S .
2 17 riXA 8003^684
<^ o v e»? a o e? f o .c i:> o 1 i c i e -3
other than WORKERS •'
Cuh'F'EN£ATIGN is provided
i i -i t h eo f o 11 o w .11N. g c o f. o ••• \ \ y
FIRF_HAN''S FUND
INSURANCE COHPANY
NGUATO. CA 94996
A STOCK IN'SL'KANCE" CO. (01 >
GENERAL DECLARATIONS
FIREMAN'S
FUND
INSURANCE
COMPANIES
MAIL ADDRESS
NOVATO
CALIFORNIA
r«i ?.'. r. e d Ins LI r e d * n o" f i •? i 3. i i; g A ci d i: e s ?;
CITY OF CARLSBAD
CARLSBAD PARKING AUTHORITY
CARLSBAD BUILDING AUTHORITY
CARLSBAD HOUSING AND REDEVELOPMENT COMMISSION, CONSISTING OF
CARLSBAD REDEVELOPMENT AGENCY AND CARLSBAD HOUSING AUTHORITY
1200 ELM AVENUE
CARLSBAD CA 92008
P i: o d u c e r N' :•< r. e an '.1 A d d r e s s
CAL:SURANCE ASSOC., INC.
P.O. BOX 3459
TORRANCE CA 90510
The N.sred Insured is aOO HUNICIPALITY
;.-. i.i •; i n e •;; s o c 0 o e *? a t i o ,-•. s o f t h e N a n e d I n •;» u c- e d : M U NICI F' A LIT Y .
The in si'•>:•='nee provided by this policy consists o± the following coverage
:i:'o}:.-i (s > . The pceniun nay be subject to adjustment. In eetmrn foe paynent of
the prer.iur. snd subject to * 11 the terns of this policy, we agree with you to
>.:•).'!.:) vide the in-sue a nee a-;5 istated in this policy.
AUTOMOBILE INSURANCE COVERAGES
F • o 1 i c y P e r i o d (For &. b o v e c o v e r a g e <•'. s > .">
Policy Period is from 07-15-88 to 07-15-89 12:01 A.M., Standard Time
;>t the railino address of the insured.
PREHIUri SUriHARY;
Estimated Annual Premium
Premium Due at Inception
$23,688.00
$23,688.00
DECLARATIONS CONTINUED ON PAGE
FIREMAN S FUND
INSURANCE COMPANIES
302104-5/84
PolicyholdeR
IMPORTANT NOTICE TO CALIFORNIA AUTOMOBILE POLICYHOLDERS
The California Insurance Code requires insurers to offer coverage for damage to the insured motor vehicle to the extent
that you are legally entitled to recover from the owner or operator of the uninsured motor vehicle, caused by an unin-
sured motor vehicle, that either:
(1) Pays the collision deductible on the insured motor vehicle v/hen you have purchased collision coverage; or
(2) Pays for the damage to the insured motor vehicle when you have not purchased collision coverage.
Payment shall not include damage to personal property or loss of use of a motor vehicle and shall not exceed the
smaller of:
(1) the amount of the collision deductible; or
(2) the actual cash value of the insured motor vehicle; or
(3) $3500
The Insurance Code permits the applicant for insurance to reject such coverage completely or to reject such coverage
when an insured motor vehicle is operated by persons designated by name.
This is an offer of additional coverage only. You must contact your agent or broker and specifically request this coverage
if you want to add it to your policy.
Please contact your agent or broker if you have any questions about this orany insurance matter.
r
I.
FIREMAN S FUND
INSURANCE COMPANIES
385462-1/88
PolicyholdER
CALIFORNIA INSURANCE GUARANTEE ASSOCIATION
RECOUPMENT SURCHARGE
Section 1063.14 of the California Insurance Code requires insurers to recoup assessments that they pay to the
California Insurance Guarantee Association forobiigations of insolvent insurers in the state. This recoupment must be
achieved through the imposition of a surcharge on premiums charged to policyholders.
Your share of the recoupment surcharge is shown on the billing or policy declaration. The California Insurance
Guarantee Association has determined the rate at which this surcharge has been calculated and has identified the
collection period to be from January 1,1988 to December 31,1988. However, the surcharge shown on your billing must
be paid by the due date indicated.
If you have any questions concerning this recoupment surcharge, please contact your agent or broker.
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L
BUSINESS AUTO COVERAGE FORM
TRUCKERS COVERAGE FORM
POLICYHOLDER MESSAGE
THE BUSINESS AUTO OR TRUCKERS COVERAGE FORM YOU ARE PURCHASING THIS YEAR IS DIFFERENT
FROM PREVIOUS BUSINESS AUTO OR TRUCKERS POLICIES. YOU ARE URGED- TO READ THE ENCLOSED
NEW POLICY CAREFULLY AND TO DISCUSS WITH YOUR AGENT/BROKER ANY QUESTIONS YOU MAY HAVE
CONCERNING THE COVERAGES BEING PROVIDED. TO HELP YOU IN UNDERSTANDING SOME OF THE
COVERAGE CHANGES, WE HAVE PREPARED THE FOLLOWING. THIS LIST IS NOT INTENDED TO SHOW
ALL THE CHANGES IN COVERAGE OR TO EXPLAIN IN DETAIL THE DIFFERENCES FROM YOUR PREVIOUS
POLICY. PLEASE REFER TO YOUR POLICY FOR MORE SPECIFIC INFORMATION. OF COURSE, IF
THERE IS ANY CONFLICT BETWEEN THE LANGUAGE OF YOUR POLICY AND THE ITEMS BELOW, THE
.PROVISIONS OF THE POLICY WILL APPLY.
(1) Automatic liability coverage for certain temporary substitute autos is newly
added on an excess basis.
(2) Under Coverage Extensions in the Liability Coverage Section, loss of earnings
has been increased to a maximum of $100 per day. Within the same section the
Out" of State Coverage Extension has been clarified to refer only to a
"standard" financial responsibility law, and not to a law governing motor
carriers of passengers or property.
(3) Contractual coverage has been broadened to provide limited coverage for some
auto contractual exposures. Refer to the exclusions and the definition of
"insured contract" for further explanation.
(4) The "mobile equipment" definition has been amended to track with changes in
the Commercial General Liability Coverage Forms.
(5) Exclusions for intentional injury or damage and for war have been added in the
Liability Coverage Section.
(6) The Pollution exclusion now applies even if the discharge of pollutants is
sudden and accidental (see Section II B. 11 of your policy for more details on
the limitations that apply).
(7) In the Physical Damage Coverage Section, concurrent cause of loss language is
being added to the exclusions for war and nuclear hazards.
(8) Under the Duties in the Event of Accident, Claim, Suit or Loss Condition, a
new provision requires the insured to agree to examinations under oath, to
give the insurer a signed statement of their answers, and to keep a record of
expenses for consideration in settlement of the claim.
(9) In the Cancellation Common Policy Condition, notice of cancellation to the
first named insured is extended to 30 days' for any reason other than non-
payment of premium. Also, the first named insured must now request
cancellation in writing.
(10) A Concealment, Misrepresentation or Fraud condition has been added. The prior
policy relied on contract law to bar coverage if one of those elements was
present.
U-L:BAP-TRKRS 7/87
POLICY NUMBER 2 17 MXA 80046190
Ncu~. eti Insured
CITY OF CARLSBAD
GENERAL DECLARATIONS continued
LOCATION OF PREMISES
FIREMAN'S
FUND '
INSURANCE
COMPANIES
MAIL ADDRESS
NOVATO
CALIFORNIA
1200 EL'ri AVENUE
C A K I... S B A D CA 92008
FORMS ATTACHED AT INCEPTION
CA0001 01-87
CA0029 01~aa
CA7007 01-87
IL0021 II-SE;
J.L 7001 0.2-86
CA7003 01-87
CA9908 01-78
IL0270 0:5--37
140501 12-86
te r s i o 11 .:-< t L; re:
Produce;?: CAL-SURANCE ASSDC. , INC.
P.O. BOX 3459
Date: 08-11-83 TORRANCE CA 9OS10
END OF GENERAL DECLARATIONS
COMMERCIAL COVERAGE GENERAL PROVISIONS
POLICY COVERAGE 140501-12-86
Various provisions in these General Provisions restrict cover-
age in this policy. Read the entire policy carefully to deter-
mine rights, duties and what is and is not covered.
We agree with you to provide coverage as stated in these Gen-
eral Provisions and in the Coverage Parts and Endorsements,
and their Declarations, that are identified in the General Dec-
laration or Declarations applicable to the Coverage Parts and
Endorsements. These forms constitute the policy.
« COMMON POLICY CONDITIONS (IL 00 17 11 85)
All Coverage Parts included in this policy are subject to the
following conditions.
A. CANCELLATION
1. The first Named Insured shown in the Declarations may
cancel this policy by mailing or delivering to us advance writ-
ten notice of cancellation.
2. We may cancel this policy by mailing or delivering to the
first Named Insured written notice of cancellation at least:
a. 10 days before the effective date of cancellation if we can-
cel for nonpayment of premium; or
b. 30 days before the effective date of cancellation if we can-
cel for any other reason.
3. We will mail or deliver our notice to the first Named In-
sured's last mailing address known to us.
4. Notice of cancellation will state the effective date of can-
cellation. The policy period will end on that date.
5. If this policy is cancelled, we will send the first Named
Insured any premium refund due. If we cancel, the refund
will be pro rata. If the first Named Insured cancels, the re-
fund may be less than pro rata. The cancellation will be effec-
tive even if we have not made or offered a refund.
6. If notice is mailed, proof of mailing will be sufficient
proof of notice.
B. CHANGES
This policy contains all the agreements between you and us
concerning the insurance afforded. The first Named Insured
shown in the Declarations is authorized to make changes in
the terms of this policy with our consent. This policy's terms
can be amended or waived only by endorsement issued by us
and made a part of this policy.
C. EXAMINATION OF YOUR BOOKS AND RECORDS
We may examine and audit your books and records as they
relate to this policy at any time during the policy period and
up to three years afterward.
D. INSPECTIONS AND SURVEYS
We have the right but are not obligated to:
1. Make inspections and surveys at any time;
2. Give you reports on the conditions we find; and
3. Recommend changes.
Any inspections, surveys, reports or recommendations relate
only to insurability and the premiums to be charged. We do
not make safety inspections. We do not undertake to perform
the duty of any person or organization to provide for the
health or safety of workers or the public. And we do not war-
rant that conditions:
1. Are safe or healthful; or
2. Comply with laws, regulations, codes or standards.
This condition applies not only to us, but also to any rating,
advisory, rate service or similar organization which makes in-
surance inspections, surveys, reports or recommendations.
E. PREMIUMS
The first Named Insured shown in the Declarations:
1. Is responsible for the payment of all premiums; and
2. Will be the payee for any return premiums we pay.
F. TRANSFER OF YOUR RIGHTS AND DUTIES UN-
DER THIS POLICY.
Your rights and duties under this policy may not be transfer-
red without our written consent except in the case of death of
an individual named insured.
This Form must be attached to Change Endorsement when issued after the Policy is written.
r - * ONE OF.'THE FmEMANfS FUND INSURANCE COMPANIES AS N'AMBD|ii4 TH6 PO'LICY^. ;r, "
II XCL
STOCK NO. 140501-12-86 REV
PRESIDENT
PAGE ONE OF TWO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL COVERAGE GENERAL PROVISIONS
Supplementary State Endorsements
POLICY AMENDMENTS California
• CALIFORNIA CHANGES — CANCELLATION AND NONRENEWAL (IL 02 70 03 87)
This endorsement modifies insurance provided under the PROPERTY, CRIME, INLAND MARINE, AUTO, GENERAL
LIABILITY and FARM COVERAGES.
A. The following is added to the CANCELLATION Com-
mon Poiicy Condition:
7. POLICIES IN EFFECT FOR MORE THAN 60 DAYS
a. If this policy has been in effect for more than 60 days, or is
a renewal of a policy we issued, we may cancel this policy only
upon the occurrence, after the effective date of the policy, of
one or more of the following:
(1) Nonpayment of premium, including payment due on a
prior policy we issued and due during the current policy term
covering the same risks.
(2) Discovery of fraud ormaterial misrepresentation by:
(a) Any insured or his or her representative in obtaining this
insurance; or
(b) You or your representative in pursuing a claim under this
policy.
(3) A judgment by a court or an administrative tribunal that
you have violated a California or Federal law, having as one
of its necessary elements an act which materially increases
any of the risks insured against.
(4) Discovery of willful or grossly negligent acts or omis-
sions, or of any violations of state laws or regulations estab-
lishing safety standards, by you or your representative, which
materially increase any of the risks insured against.
(5) Failure by you or your representative to implement rea-
sonable loss control requirements, agreed to by you as a con-
dition of policy issuance, or which were conditions precedent
to our use of a particular rate or rating plan, if that failure
materially increases any of the risks insured against.
(6) A determination by the Commissioner of Insurance that
the:
(a) Loss of, or changes in, our reinsurance covering all or
part of the risk would threaten our financial integrity or sol-
vency; or
(b) Continuation of the policy coverage would:
i Place us in violation of California law or the laws of the
state where we are domiciled; or
ii Threaten our solvency.
(7) A change by you or your representative in the activities or
property of the commercial or industrial enterprise, which
results in a materially added, increased or changed risk, un-
less the added, increased or changed risk is included in the
policy.
b. We will mail or deliver advance written notice of cancel-
lation, stating the reason for cancellation, to the first Named
Insured, and to the producer of record, at least:
(1) 10 days before the effective date of cancellation if we can-
cel for a reason listed in paragraph 7.a.(l) or (2).
(2) 30 days before the effective date of cancellation if we can-
cel for any other reason listed in paragraph 7.a.
B. The following is added and supersedes any provisions to
the contrary:
NONRENEWAL
1. If we decide not to renew this policy, we will mail or deliver
written notice stating the reason for nonrenewal to the first
Named Insured shown in the Declarations and to the pro-
ducer of record, at least:
a. 45 days, but not more than 120 days, before the expiration
or anniversary date, if the aggregate policy premium is more
than $10,000; or
b. 60 days, but not more than 120 days, before the expiration
or anniversary date, if the aggregate policy premium is
Copyright, Insurance Services Office, Inc., 1987
Copyright, ISO Commercial Risk Services, Inc., 1987
This Form must be attached to Change Endorsement when issued after the Policy is written.
ONE-OF THE INSURANCElcbWAI>nffiS• -
I XCL
POLICY -u HI* -1 ,Tr .
STOCK NO. IL 02 70 03 87
PRESIDENT
PAGE ONE OF TWO
POLICY NUMBER 2 17 MXA 80046190
NAMED INSURED
CITY OF CARLSBAD
BUSINESS AUTO POLICY DECLARATIONS
INSURANCE:: IS PROVIDED ONLY POR THOSE COVERAGES. LIMITS OP LIABILITY ANC
:.-: N i.) U ft S E h E N T 8 S H 01j N BELOW.
OTHER AUTOMOBILE COVERAGES - PHYSICAL DAMAGE INSURANCE
PHYSICAL DAMAGE INSURANCE AT ACTUAL. CASH VALUE OR COST OP REPAIR.
WHICHEVER IS LESS, MINUS DEDUCTIBLE SHOWN BELOW UNLESS OTHERWISE
SHOWN IN I TEH POUR, SCHEDULE OP COVERED AUTOS YOU OWN:
PHYSICAL DAMAGE
COVERAGES DEDUCTIBLES SYMBOLS - COVERED AUTOS DESCRIPTION
CSEE PART 1 PARAGRAPH K !>
FIREMAN'S
FUND
INSURANCE
COMPANIES
MAIL ADDRESS
NOVATO
CALIFORNIA
COMPREHENSIVE 1.000*8. HIRED AUTOS ONLY
10. ON VEHICLES VALUED AT $10,000 OR MORE
* APPLIES TO ALL LOSS EXCEPT FIRE AND LIGHTNING
ITEM FOUR - SCHEDULE OF COVERED AUTOS YOU OWN PER SCHEDULE ON PILE
WITH COMPANY
MAXIMUM VALUE PER VEHICLE *17E.".,000
ENDORSEMENTS. ONLY THOSE ENDORSEMENTS SHOWN BELOW APPLY
WHO IS AN INSURED AMENDED ciCA 70 07 01 87!)
u-imjfiSEHENTS - OTHER AUTOMOBILE COVERAGE
001 COMPOSITE RATING PLAN <: 180007-11--5S !>
:••::> TIMATED EXPOSURE RATE ESTIMATED MINIMUM
PREMIUM PREMIUM
;.-5'/> VEHICLES £264.05 $ 23.500 i> 22,000
PER VEHICLE
PHYSICAL DAMAGE COVERAGE FOR HIRED OR SORROWED
COVERED AUTOS
CA0001 01-87
I'iiLSE DECLARATIONS ARE ISSUED IN CONJUNCTION WITH AND ARE PART OP POLICY
i-ORM CA0001--01-87
FOLIOY NUMBER 2 17 MXA 80046190
NAMED INSURED
CITY OF CARLSBAD
FIREMAN'S
' FUND
INSURANCE
COMPANIES
MAIL ADDRESS
NOVATO
CALIFORNIA
ENDORSEMENTS ~ 0 I HER AUTOMOBILE COVERAGE tCONTINUED.'J
COVERAGES LIMIT OF LIABILITY
THE HOST WE WILL. F'AY
DEDUCTIBLE
COMPREHENSIVE ACTUAL CASH VALUE. COST OF REPAIRS OR $ 20.000 WHICHEVER
IS LESS, MINUS £ 1,000 DEO. FOR EACH COVERED AUTO.
BUT NO DEDUCTIBLE, APPLIES TO LOSS CAUSED BY FIRE OR
LIGHTNING
COVERED AUTOS
ALL HIRED AUTOS
003 CITIZENS BAND RADIO COVERAGE <:CA 99 OS 01 87 :>
DESCRIPTION OF COVERED AUTO:
K;:R SCHEDULE ON FILE WITH COMPANY.
00-'V NOTICE OF CANCELLATION CLAUSE (. 180009-06-65 >
THIS POLICY MAY BE CANCELLED AT ANY TIME AT THE REQUEST OF THE COMPANY
;.iY GIVING C30) DAYS WRITTEN NOTICE OF INTENT TO CANCEL OR AT THE
REQUEST OF THE INSURED EXCEPT HOWEVER IN EVENT OF CANCELLATION FOR
NON-PAYMENT THE COMPANY SHALL GIVE TEN <:iO!> DAYS WRITTEN NOTICE
OF INTENT TO CANCEL THE POLICY.
WAIVER OF SUBROGATION ENDORSEMENT
<:i80009-06-65:>
CALIFORNIA
IN THE EVENT OF ANY PAYMENT UNDER THIS POLICY. THE COMPANY AGREES TO
Hfi.iVE ITS RIGHTS UNDER SUBROGATION CONDITION AGAINST ANY PERSON OR
ORGANIZATION LISTED BELOW.
(HE WAIVER SHALL APPLY ONLY TO THE EXTENT REQUIRED OF THE INSURED BY
A WRITTEN CONTRACT EXECUTED BEFORE LOSS. THIS WAIVER SHALL NOT OPERATE
TO BENEFIT, EITHER DIRECTLY OR INDIRECTLY. ANY OTHER PERSON OR
ORGANIZATION.
SCHEDULE
i'!i;i CITIES OF OCEANSIOE OR VISTA
DECLARATIONS CONTINUED ON PAGE
POLICY NUHBER 2 17 MXA 80046190
NAMED INSURED
CITY OF CARLSBAD
FIREMAN'S
FUND
INSURANCE
COMPANIES
MAIL ADDRESS
NOVATO
CALIFORNIA
ENDORSEMENTS - UTHER AUTOMOBILE COVERAGE
EXPLANATION OF PREMIUM BASIS
CA7003 01-87
AMENDMENT OF POLICY ADDITIONAL CONDITION
XL7001 02-36
SUPPLEMENTARY STATE ENDORSEMENTS
IL0270 03--87
00V BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
CA0029 01-88
END OF BUSINESS AUTO POLICY DECLARATIONS
COMMERCIAL COVERAGE
POLICY COVERAGE
GENERAL PROVISIONS
• NUCLEAR EN'ERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) (IL 00 21 II IS)
This endorsement modifies insurance provided under the FARM, GENERAL LIABILITY and AUTOMOBILE COVERAGES.
1. The insurance does not apply:
A. Under any Liability Coverage, to "bodily injury" or
"property damage:"
(1) With respect to which an "insured" under the policy is
also an insured under a nuclear energy liability policy issued
by Nuclear Energy Liability Insurance Association, Mutual
Atomic Energy Liability Underwriters or Nuclear Insurance
Association of Canada, or would be an insured under any
such policy but for its termination upon exhaustion of its
limit of liability; or
(2) Resulting from the "hazardous properties" of "nuclear
material" and with respect to which (a) any person or organi-
zation 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 en-
tered into by the United States of America, or any agency
thereof, with any person or organization.
B. Under any Medical Payments coverage, to expenses in-
curred with respect to "bodily injury" resulting from the
"hazardous properties" of "nuclear material" and arising
out of the operation of a "nuclear facility" by any person or
organization.
C. Under any Liability Coverage, to "bodily injury" or
"property damage" resulting from the "hazardous proper-
ties 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)
bas been discharged or dispersed therefrom;
(2) The "nuclear material" is contained in "spent fuel" or
"waste" at any time possessed, handled, used, processed,
stored, transported or disposed of by or on behalf of an "in-
sured; "or
(3) The "bodily injury" or "property damage" arises out of
the furnishings 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.
2. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explo-
sive properties;
"Nuclear material" means "source material!' "special nu-
clear material" or "byproduct material;"
"source material," "special nuclear material!' and "bypro-
duct 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 b'quid, which has been used or exposed to radiation in a
"nuclear reactor;"
"waste" means any waste material (a) containing "by-prod-
uct material" other than the tailings or wastes produced by
the extraction or concentration of uranium or thorium from
any ore processed primarily for its "source material" con-
tent, and (b) resulting from the operation by any person or
organization of any "nuclear facility" included under the
first two paragraphs of the definition of "nuclear facility!'
"nuclear facility" means:
(a) Any "nuclear reactor;"
(b) Any equipment or device designed or used for (1) separat-
ing the isotopes of uranium or plutonium, (2) processing or
utilizing "spent fuel," or (3) handling, processing or packag-
ing "waste;"
(c) Any equipment or device used for the processing, fabri-
cating or alloying of "special nuclear material" if at any time
the total amount of such material in the custody of the "in-
sured" at the premises where such equipment or device is lo-
cated consists of or contains more than 25 grams of pluto-
Thfa For» mmst be *tt»cbetf to Ckugt EadoneBort wte* teac4 kflcr fht Poky h
-: >":--^#£'^W-^?/'•£ !<-:-; '^'* 'i.-•'! ." 'Ir- .. _,
STOCK NO. IL W 21 11 IS BEY PAGE ONE OF TWO
STOCK NO. O. M 21 11 *S UEV PACETWOOFTWO
nium or uranium 233 or any combination thereof, or more for such operations;
than 250 crams of uranium 23S: ... .*^ * "nuclear reactor" means any apparatus designed or used to
(d) Any structure, basin, excavation, premises or place pre- sustain nuclear fission in a self-supporting chain reaction or
pared or used for the storage or disposal of "waste;** to contain a critical mass of fissionable material;
and includes the site on which any of the foregoing is located, "property damage" including all forms of radioactive con-
all operations conducted on such site and all premises used lamination of property.
THIS ENDORSEME JHANGES THE POLICY. PLEA5L READ IT CAREFULLY.
COMMERCIAL COVERAGE GENERAL LIABILITY/AUTOMOBILE
Amendment of Policy-
Additional Condition
POLICY AMENDMENT IL 70 01 02 86
It is agreed that the following provision is added to the CON-
DITIONS section of the policy:
Two or More Coverage Forms or Policies Issued By Us
Notwithstanding the Other Insurance provision, if this policy
and any other coverage form or policy issued to you by us or
any company affiliated with us apply to the same "occur-
rence" , offense, or accident the maximum Limit of Insurance
under all such coverage forms or policies shall not exceed the
highest applicable Limit of Insurance under any one coverage
form or policy.
Furthermore, in no event will coverage be provided during
the policy period after (1) the applicable aggregate Limit of
Insurance under any one coverage form or policy has been
exhausted, or (2) the applicable aggregate Limit of Insurance
under any one coverage form or policy would have been ex-
hausted had all covered claims been submitted under that one
coverage form or policy rather than under two or more cover-
age forms or policies.
This condition does not apply to any coverage form or policy
issued by us or by an affiliated company specifically to apply
as excess insurance over this policy.
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. IL 70 01 02 86
COMMERCIAL COVERAGE BUSINESS A UTO COVERAGE FORM
POLICY COVERAGE CA 00 01 01 87
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is
not covered.
Throughout this policy the words "you" and'"your" refer to the Named Insured shown in the Declarations. The words "we,"
"us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V—DEFINITIONS.
SECTION I—COVERED AUTOS
ITEM TWO of the Declarations shows the "autos" that are
covered "autos" for each of your coverages. The following
numerical symbols describe the "autos" that may be covered
"autos!' The symbols entered next to a coverage on the Decla-
rations designate the only "autos" that are covered "autos!'
A. DESCRIPTION OF COVERED AUTO DESIGNA-
TION SYMBOLS
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" you acquire ownership of after the policy be-
gins.
3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY.
Only the private passenger "autos" you own. This includes
those private passenger "autos" you acquire ownership of
after the policy begins.
4 = OWNED "AUTOS" OTHER THAN PRIVATE PAS-
SENGER "AUTOS" ONLY. Only those "autos," you own
•.hat are not of the private passenger type (and for Liability
-"overage any "trailers" you don't own while attached to
power units you own). This includes those "autos" not of the
private passenger type you acquire ownership of after the pol-
icy begins.
5 = OWNED "AUTOS" SUBJECT TO NO-FAULT. Only
those "autos" you own that are required to have No-Fault
benefits in the state where they are licensed or principally ga-
raged. This includes those "autos" you acquire ownership of
after the policy begins provided they are required to have No-
Fault benefits in the state where they are licensed or princi-
pally garaged.
6 = OWNED "AUTOS" SUBJECT TO A COMPULSORY
UNINSURED MOTORISTS LAW. Only those "autos" you
own that because of the law in the state where they are li-
censed or principally garaged are required to have and cannot
reject Uninsured Motorists Coverage. This includes those
"autos" you acquire ownership of after the policy begins pro-
vided they are subject to the same state uninsured motorists
requirement.
7 = SPECIFICALLY DESCRIBED "AUTOS!' Only those
"autos" described in ITEM THREE of the Declarations (and
for Liability Coverage any "trailers" you don't own while
attached to any power unit described in ITEM THREE).
8 = HIRED "AUTOS" ONLY. Only those "autos" you
lease, hire, rent or borrow. This does not include any "auto"
you lease, hire, rent, or borrow from any of your employees
or partners or members of their households.
9 = NONOWNED "AUTOS" ONLY. Only those "autos"
you do not own, lease, hire, rent or borrow that are used in
connection with your business. This includes "autos" owned
by your employees or partners or members of their house-
holds but only while used in your business or. your personal
affairs.
B. OWNED AUTOS YOU ACQUIRE AFTER THE POL-
ICY BEGINS
Contains Copyrighted Material of Insurance Services Office, Inc., 1985
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
STOCK NO. CA 00 01 01 87
PRESIDFAT
PAGE ONE OF SEVEN
STOCK NO. CA 00 01 01 87 PAGE TWO OF SEVEN
1. If symbols 1, 2, 3, 4, 5, or 6 are entered next to a coverage
in ITEM TWO of the Declarations, then you have coverage
for "autos" that you acquire of the type described for the
remainder of the policy period.
2. But, if symbol 7 is entered next to a coverage in ITEM
TWO of the Declarations, an "auto" you acquire will be a
covered "auto" for that coverage only if:
a. We already cover all "autos" that you own for that cover-
age or it replaces an "auto" you previously owned that had
that coverage; and
following types of vehicles are also covered "autos" for Lia-
bility Coverage:
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."
3. Any "auto" you do not own while used with the permis-
sion of its owner as a temporary substitute for a covered
"auto" you own that is out of service because of its:
b. You tell us within 30 days after you acquire it that you
want us to cover it for that coverage.
C. CERTAIN TRAILERS, MOBILE EQUIPMENT ANDTEMPORARY SUBSTITUTE AUTOS
..' Liability Coverage is provided by this Coverage Form, the
A. COVERAGE
a. Breakdown;
b. Repair;
c. Servicing;
d. "Loss;" or
e. Destruction.
SECTION II—LIABILITY COVERAGE
2. COVERAGE EXTENSIONS
We will pay all sums an "insured" legally must pay as dam-
ages 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 cov-
ered "auto."
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" not covered by
this Coverage Form. We may investigate and settle any claim
or "suit" as we consider appropriate. Our duty to defend or
settle ends when the Liability Coverage Limit of Insurance
has been exhausted by payment of judgments or settlements.
1. WHO IS AN INSURED
The following are "insureds:"
a. You for any covered "auto!'
b. Anyone else while using with your permission a covered
"auto" you own, hire or borrow except:
(!) The owner or anyone else from whom you hire or borrow
a covered " auto I' This exception does not apply if the covered
"auto" is a "trailer" connected to a covered "auto" you own.
(2) Your employee if the covered "auto" is owned by that
employee or a member of his or her household.
(3) Someone using a covered "auto" while he or she is work-
ing in a business of selling, servicing, repairing or parking
"autos" unless that business is yours.
(4) Anyone other than your employees, partners, a lessee or
borrower or any of their employees, while moving property
to or from a covered "auto!"
(5) A partner of yours for a covered "auto" owned by him or
her or a member of his or her household.
c. Anyone else who is not otherwise excluded under para-
graph b. above and is liable for the conduct of an "insured"
but only to the extent of that liability.
a. Supplementary Payments. In addition to the Limit of In-
surance, we will pay for the "insured:"
(1) All expenses we incur.
(2) 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.
(3) The cost of bonds to release attachments in any "suit" we
defend, but only for bond amounts within our Limit of Insur-
ance.
(4) All reasonable expenses incurred by the "insured" at our
request, including actual loss of earnings up to $100 a day
because of time off from work.
(5) All costs taxed against the "insured" in any "suit" we
defend.
(6) All interest on the full amount of any judgment that ac-
crues after entry ofthe judgment in any "suit" we defend; but
our duty to pay interest ends when we have paid, offered to
pay or deposited in court the part of the judgment that is
within our Limit of Insurance.
b. Out of State Coverage Extensions.
While a covered "auto" is away from the state where it is
licensed we will:
(1) Increase the Limit of Insurance for Liability Coverage to
meet the limits specified by a compulsory or financial respon-
sibility law of the jurisdiction where the covered "auto" is
being used. This extension does not apply to the limit or limits
specified by any law governing motor carriers of passengers
or property.
(2) Provide the minimum amounts and types of other cover-
ages, such as no-fault, required of out of state vehicles by the
jurisdiction where the covered "auto" is being used.
We will not pay anyone more than once for the same elements
of loss because of these extensions.
B. EXCLUSIONS
This insurance does not apply to any of the following:
1. EXPECTED OR INTENDED INJURY
"Bodily injury" or "property damage" expected or intended
from the standpoint of the "insured."
2. CONTRACTUAL
Liability assumed under any contract or agreement.
But this exclusion does not apply to liability for damages:
a. Assumed in a contract or agreement that is an "insured
contract;" or
b. That the "insured" would have in the absence of the con-
tract or agreement.
3. WORKERS'COMPENSATION
Any obligation for which the "insured" or the "insured's"
insurer may be held liable under any workers' compensation,
disability benefits or unemployment compensation law or
any similar law.
4. EMPLOYEE INDEMNIFICATION AND EMPLOY-
ER'S LIABILITY
"Bodily injury" to:
a. An employee of the "insured" arising out of and in the
course of employment by the "insured;" or
b. The spouse, child, parent, brother or sister of that em-
ployee as a consequence of paragraph a. above.
This exclusion applies:
(1) Whether the "insured" may be liable as an employer or in
any other capacity; and
(2) To any obligation to share damages with or repay some-
one else who must pay damages because of the injury.
But this exclusion does not apply to "bodily injury" to do-
mestic employees not entitled to workers' compensation ben-
efits or to liability assumed by the "insured" under an "in-
sured contract!'
5. FELLOW EMPLOYEE
"Bodily injury" to any fellow employee of the "insured"
arising out of and in the course of the fellow employee's em-
ployment.
6. CARE, CUSTODY OR CONTROL
"Property damage" to property owned or transported by the
"insured" or in the "insured's" care, custody or control. But
this exclusion does not apply to liability assumed under a
sidetrack agreement.
7. HANDLING OF PROPERTY
"Bodily injury" or "property damage" resulting from the
handling of property:
a. Before it is moved from the place where it is accepted by
the "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. MOVEMENT OF PROPERTY BY MECHANICAL DE-
VICE
"Bodily injury" or "property damage" resulting from the
movement of property by a mechanical device (other than a
hand truck) unless the device is attached to the covered
"auto."
9. OPERATIONS
"Bodily injury" or "property damage" arising out of the op-
erations of any equipment listed in paragraphs 6.b. and 6.c.
of the definition of "mobile equipment."
10. COMPLETED OPERATIONS
"Bodily injury" or "property damage" arising out of your
work after that work has been completed or abandoned.
In this exclusion, your work means:
a. Work or operations performed by you or on your behalf;
and
b. 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 a. or b.
above.
Your work will be deemed completed at the earliest of the
following 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.
(3) When that part of the work done at a job site has been put
to its intended use by any person or organization other than
another contractor or subcontractor working on the same
project.
Work that may need service, maintenance, correction, repair
or replacement, but which is otherwise complete, will be
treated as completed.
11. POLLUTION
a. "Bodily injury" or "property damage" arising out of the
actual, alleged or threatened discharge, dispersal, release or
escape 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 by the "insured"; or
(c) Being stored, 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
STOCK NO. CA 00 01 01 87 PAGE THREE OF SEVEN
STOCK NO. CA 00 01 01 87 PAGE FOUR OF SEVEN
covered "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
abandoned 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.(l)(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 listed in paragraphs
6.b and 6.c of the definition of "mobile equipment!'
Paragraphs a(2) and a(3) of this 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.
12. WAR
"Bodily injury" or "property damage" due to war, whether
or not declared, or any act or condition incident to war. War
includes civil war, insurrection, rebellion or revolution. This
exclusion applies only to liability assumed under a contract or
agreement.
C. LIMIT OF INSURANCE
Regardless of the number of covered "autos," "insivreds;'
premiums paid, claims made or vehicles involved in the "acci-
dent;* the most we will pay for all damages resulting from any
one "accident" is the Limit of Insurance for Liability Cover-
age shown in the Declarations.
All "bodily injury" and "property damage" resulting from
continuous or repeated exposure to substantially the same
conditions will be considered as resulting from one "acci-
dent!'
SECTION ID—PHYSICAL DAMAGE COVERAGE
A. COVERAGE
1. We will pay for "loss" to a covered "auto" or its equip-
ment under:
a. Comprehensive Coverage. From any cause except:
(1) The covered "auto's" collision with another object; or
(2) The covered "auto's" overturn.
b. Specified Causes of Loss Coverage. Caused by:
(1) Fire, lightning or explosion;
(2) Theft;
(3) Windstorm, hail or earthquake;
(4) Flood;
(5) Mischief or vandalism; or
(6) The sinking, burning, collision or derailment of any con-
veyance transporting the covered "auto!'
c. Collision Coverage. Caused by:
(1) The covered "auto's" collision with another object; or
(2) The covered "auto's" overturn.
2. Towing.
We will pay up to the limit shown in the Declarations for tow-
ing 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.
3. Glass Breakage—Hitting a Bird or Animal—Falling Ob-
jects or Missiles.
If you carry Comprehensive Coverage for the damaged cov-
ered "auto" we will pay for the following under Comprehen-
sive Coverage:
a. Glass breakage;
b. "Loss" caused by hitting a bird or animal; and
c. "Loss" caused by falling objects or missiles.
However, you have the option of having glass breakage
caused by a covered "auto's" collision or overturn considered
a "loss" under Collision Coverage.
4. Coverage Extension. 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 pri-
vate passenger type. We will pay only for those covered "au-
tos" for which you carry either Comprehensive or Specified
Causes of Loss Coverage. We will pay for transportation ex-
penses incurred during the period 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!1
B. EXCLUSIONS
1. We will not pay for "loss" caused by or resulting from any
of the following. Such "loss" is excluded regardless of any.
other cause or event that contributes concurrently or in any
sequence to the "loss."
a. Nuclear Hazard.
(1) The explosion of any weapon employing atomic fission
of fusion; or
(2) Nuclear reaction or radiation, or radioactive contamina-
tion, however caused.
b. War or Military Action.
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in
hindering or defending against an actual or expected attack,
by any government, sovereign or other authority using mili-
tary personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power or
action taken by governmental authority in hindering or de-
fending against any of these.
2. Other Exclusions.
a. We will not pay for "loss" to any of the following:
(1) Tape decks or other sound reproducing equipment unless
permanently installed in a covered "auto."
(2) Tapes, records or other sound reproducing devices de-
signed for use with sound reproducing equipment.
(3) 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 accessor-
ies, unless permanently installed in the dash or console open-
ing normally used by the "auto" manufacturer for the instal-
lation of a radio.
b. We will not pay for "loss" caused by or resulting from any
of the following unless caused by other "loss" that is covered
by this insurance:
(1) Wear and tear, freezing, mechanical or electrical break-
down.
(2) Blowouts, punctures or other road damage to tires.
C. LIMIT OF INSURANCE
The most we will pay for "loss" in any one "accident" is the
lesser of:
1. The actual cash value of the damaged or stolen property as
of the time of the "loss;" or
2. The cost of repairing or replacing the damaged or stolen
property with other property of like kind and quality.
D. DEDUCTIBLE
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.
SECTION IV—BUSINESS AUTO CONDITIONS
The following conditions apply in addition to the Common
Policy Conditions:
A. LOSS CONDITIONS
1. APPRAISAL FOR PHYSICAL DAMAGE LOSS
If you and we disagree on the amount of "loss," either may
demand an appraisal of the "loss!' In this event, each party
will select a competent appraiser. The two appraisers will se-
lect a competent and impartial umpire. The appraisers will
state separately the actual cash value and amount of "loss." If
they fail to agree, they will submit their differences to the
umpire. A decision agreed to by any two will be binding. Each
party will:
a. Pay its chosen appraiser; and
b. Bear the other expenses of the appraisal and umpire
equally.
If we submit to an appraisal, we will still retain our right to
deny the claim.
2. DUTIES IN THE EVENT OF ACCIDENT, CLAIM,
SUIT OR LOSS
a. In the event of "accident)' claim, "suit" or "loss" you
must give us or our authorized representative prompt notice
of the "accident" or "loss" Include:
(1) How, when and where the "accident" or "loss" oc-
curred;
(2) The "insured's" name and address; and
(3) To the extent possible, the names and addresses of any
injured persons and witnesses.
b. Additionally, you and any other involved "insured" must:
(1) Assume no obligation, make no payment or incur no ex-
pense without our consent, except at the "insured's" own
cost.
(2) Immediately send us copies of any demand, notice, sum-
mons or legal paper received concerning the claim or "suit!'
(3) Cooperate with us in the investigation, settlement or de-
fense of the claim or "suit."
(4) Authorize us to obtain medical records or other pertinent
information.
(5) Submit to examination, at our expense, by physicians of
our choice, as often as we reasonably require.
c. If there is "loss" to a covered "auto" or its equipment you
must also do the following:
(1) Promptly notify the police if the covered "auto" or any
of its equipment is stolen.
(2) Take all reasonable steps to protect the covered "auto"
from further damage. Also keep a record of your expenses
for consideration in the settlement of the claim.
(3) Permit us to inspect the covered "auto" and records
proving the "loss" before its repair or disposition.
(4) Agree to examinations under oath at our request and give
us a signed statement of your answers.
3. LEGAL ACTION AGAINST US
No one may bring a legal action against us under this Cover-
age Form until:
a. There has been full compliance with all the terms of this
Coverage Form; and
b. Under Liability Coverage, we agree in writing that the
"insured" has an obligation to pay or until the amount of that
obligation has finally been determined by judgment after
trial. No one has the right under this policy to bring us into an
action to determine the "insured's" liability.
4. LOSS PAYMENT—PHYSICAL DAMAGE COVER-
AGES
At our option we may:
STOCK NO. CA 00 01 01 87 PAGE FIVE OF SEVEN
STOCK NO. CA 00 01 01 87 PAGE SIX OF SEVEN
a. Pay for, repair or replace damaged or stolen property;
b. Return the stolen property, at our expense. We will pay for
any damage that results to the "auto" from the theft; or
c. Take all or any part of the damaged or stolen property at
an agreed or appraised value. '
5. TRANSFER OF RIGHTS OF RECOVERY AGAINST
OTHERS TO US
If any person or organization to or for whom we make pay-
ment under this Coverage Form has rights to recover dam-
ages from another, those rights are transferred to us. That
person or organization must do everything necessary to se-
cure our rights and must do nothing after "accident" or
"loss" to impair them.
B. GENERAL CONDITIONS
1. BANKRUPTCY
Bankruptcy or insolvency of the "insured" or the "insured"s"
estate will not relieve us of any obligations under this Cover-
age Form.
2. CONCEALMENT, MISREPRESENTATION OR
FRAUD
This Coverage Form is void in any case of fraud by you at any
time as it relates to this Coverage Form. It is also void if you
or any other "insured;* at any time, intentionally conceal or
misrepresent a material fact concerning:
a. This Coverage Form;
b. The covered "auto;"
c. Your interest in the covered "auto"; or
d. A claim under this Coverage Form.
3. LIBERALIZATION
If we revise this Coverage Form to provide more coverage
without additional premium charge, your policy will auto-
matically provide the additional coverage as of the day the
revision is effective in your state.
4. NO BENEFIT TO BAILEE—PHYSICAL DAMAGE
COVERAGES
We will not recognize any assignment or grant any coverage
for the benefit of any person or organization holding, storing
or transporting property for a fee regardless of any other pro-
vision of this Coverage Form.
5. OTHER INSURANCE
a. For any covered "auto" you own, this Coverage Form
provides primary insurance. For any covered "auto" you
don't own, the insurance provided by this Coverage Form is
excess over any other collectible insurance. However, while a
covered "auto" which is a "trailer" is connected to another
vehicle, the Liability Coverage this Coverage Form provides
for the "trailer" is:
(1) Excess while it is connected to a motor vehicle you do not
own.
(2) Primary while it is connected to a covered "auto" you
own.
b. Regardless of the provisions of paragraph a. above, this
Coverage Form's Liability Coverage is primary for any liabil-
ity assumed under an "insured contract!'
c. When this Coverage Form and any other Coverage Form
or policy covers on the same basis, either excess or primary,
we will pay only our share. Our share is the proportion that
the Limit of Insurance of our Coverage Form bears to the
total of the limits of all the Coverage Forms and policies cov-
ering on the same basis.
6. PREMIUM AUDIT
a. The estimated premium for this Coverage Form is based
on the exposures you told us you would have when this policy
began. We will compute the final premium due when we de-
termine your actual exposures. The estimated total premium
will be credited against the final premium due and the first
Named Insured will be billed for the balance, if any. If the
estimated total premium exceeds the final premium due, the
first Named Insured will get a refund.
b. If this policy is issued for more than one year, the premium
for this Coverage Form will be computed annually based on
our rates or premiums in effect at the beginning of each year
of the policy.
7. POLICY PERIOD, COVERAGE TERRITORY
Under this Coverage Form, we cover "accidents" and
"losses" occurring:
a. During the policy period shown in the Declarations; and
b. Within the coverage territory.
The coverage territory is:
a. The United States of America;
b. The territories and possessions of the United States of
America;
c. Puerto Rico; and
d. Canada.
We also cover "loss" to, or "accidents" involving, a covered
"auto" while being transported between any of these places.
8. TWO OR MORE COVERAGE FORMS OR POLICIES
ISSUED BY US
If this Coverage Form and any other Coverage Form or pol-
icy issued to you by us or any company affiliated with us
apply to the same "accident," the aggregate maximum Limit
of Insurance under all the Coverage Forms or policies shall
not exceed the highest applicable Limit of Insurance under
any one Coverage Form or policy. This condition does not
apply to any Coverage Form or policy issued by us or an affil-
iated company specifically to apply as excess insurance over
this Coverage Form.
SECTION V—DEFINITIONS
A. "Accident" includes continuous or repeated exposure to
the same conditions resulting in "bodily injury" or "property
damage!' ^^
B. "Auto" means land motor vehicle, trailer or semitrailer
designed for travel on public roads but does not include "mo-
bile equipment'.' ^^
C. "Bodily injury" means bodily injury, sickness or disease
sustained by a person including death resulting from any of
these.
D. "Insured" means any person or organization qualifying
as an insured in the Who Is An Insured provision of the appli-'
cable coverage. Except with respect to the Limit of Insurance,
the coverage afforded applies separately to each insured who
is seeking coverage or against whom a claim or "suit" is
brought.
E. "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 ordi-
nance, 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 "prop-
erty damage" to a third person or organization, if the con-
tract or agreement is made prior to the "bodily injury" or
"property damage!' Tort liability means a liability that would
be imposed by law in the absence of any contract or agree-
ment.
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
person or organization is authorized to serve by public au-
thority.
F. "Loss" means direct and accidental loss or damage.
G. "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 paragraphs 1, 2, 3, or 4 above
that are not self-propelled and are maintained primarily to
provide mobility 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 paragraphs 1, 2, 3 or 4 above
maintained primarily for purposes other than the transporta-
tion of persons or cargo. However, self-propelled vehicles
with the following types of permanently attached equipment
are not "mobile equipment" but will be considered "autos:"
a. Equipment designed primarily for:
(1) Snow removal;
(2) Road maintenance, but not construction or resurfacing;
or
(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 or well servicing equipment.
H. "Property damage" means damage to or loss of use of
tangible property.
I. "Suit" means a civil proceeding in which damages because
of "bodily injury" or "property damages" to which this in-
surance applies are alleged. "Suit" includes an arbitration
proceeding alleging such damages to which you must submit
or submit with our consent.
J. "Trailer" includes semitrailer.
STOCK NO. CA 00 01 01 87 PAGE SEVEN OF SEVEN
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL COVERAGE
POLICY AMENDMENT
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
Changes In Business Auto and
Truckers Coverage Forms-Insured Contract
CA 00 29 01 88
The Definition of "insured contract" in the DEFINITIONS
Section is replaced by the following:
E. "Insured contract" means:
1. A lease of premises;
2. A sidetrack agreement;
3. An easement or license agreement in connection with
vehicle 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-
dinance, except in connection with work for a municipality;
6. That part of any contract or agreement entered into, as
part of your business, by you or any of your employees per-
taining to the rental, for a period of 30 days or less, of the
following kinds of " autos ":
a. Private passenger "autos";
b. Pick-up trucks;
c. Vans with a gross vehicle weight of 10,000 Ibs or less;
7. 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 damage." Tort liability means a 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
contract or agreement:
1. That pertains to the loan, lease or rental of any "auto"
to you or any of your employees, that is not described in
paragraph 7 above; or,
2. That holds a person or organization engaged in the
business of transporting property by "auto" for hire
harmless for your use of a covered "auto" over a route or
territory that person or organization is authorized to serve
by public authority.
Copyright, Insurance Services Office, Inc., 1987
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. CA 00 29 01 88 REV
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL COVERAGE BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
Explanation Of Premium Basis
POLICY AMENDMENT CA 70 03 01 87
When used as a premium basis:
A. COST OF HIRE
Cost of hire means the total amount you incur for the hire of
"autos" you don't own (not including "autos" you borrow
or rent from your partners or employees or their family mem-
bers). Cost of hire does not include charges for services per-
formed by motor carriers of property or passengers.
B. FOR PUBLIC AUTOS
Gross Receipts means the total amount to which you are enti-
tled for transporting passengers, mail or merchandise during
the policy period regardless of whether you or any other car-
rier originate the transportation. Gross Receipts does not in-
clude:
1. Amounts you pay to railroads, steamship lines, airlines
and other motor carriers operating under their own ICC or
PUC permits.
2. Advertising Revenue.
3. Taxes which you collect as a separate item and remit di-
rectly to a governmental division.
4. C.O.D. collections for cost of mail or merchandise includ-
ing collection fees.
Mileage means the total live and dead mileage of all revenue
producing units operated during the policy period.
C. FOR RENTAL OR LEASING CONCERNS
Gross receipts means the total amount to which you are enti-
tled for the leasing or rental of "autos" during the policy
period and includes taxes except those taxes which you collect
as a separate item and remit directly to a governmental divi-
sion.
Mileage means the total of all live and dead mileage devel-
oped by all the "autos" you leased or rented to others during
the policy period.
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
/Lit
,11 XCL PRESIDENT
STOCK NO. CA 70 03 01 87
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL COVERAGE BUSINESS A UTO COVERAGE FORM
Who Is An Insured Amended
POLICY AMENDMENT CA 70 07 01 87
Under SECTION II - LIABILITY COVERAGE,
A. COVERAGE, Item 1. is amended to read:
1. WHO IS AN INSURED
The following are "insureds:"
a. You for any covered "auto!'
b. Anyone else while using with your permission a covered
"auto" you own, hire or borrow except:
(1) The owner of a covered "auto" you hire or borrow from
one of your employees or a member of his or her household.
(2) Someone using a covered "auto" while he or she is work-
ing in a business of selling, servicing, repairing, or parking
"autos" unless that business is yours
(3) Anyone other than your employees, partners, a lessee or
borrower or any of their employees, while moving property
to or from a covered "auto."
(4) A partner of yours for a covered "auto" owned by him or
her or a member of his or her household.
c. Anyone liable for the conduct of an "insured" described
above but only to the extent of that liability. However, the
owner or anyone else from whom you hire or borrow a cov-
ered "auto" is an "insured" only if that "auto" is a "trailer"
connected to a covered "auto" you own.
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. CA 70 07 01 87
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL
AUTOMOBILE COVERAGE
POLICY AMENDMENT
BUSINESS AUTO POLICY
GARAGE POLICY
TRUCKERS' POLICY
Citizens' Band Radio
Coverage
CA 99 08 01 87
IF THE FOLLOWING INFORMATION IS NOT COMPLETE, REFER TO THE APPROPRIATE DECLARATIONS ATTACHED TO THE POLICY.
INSURED
PRODUCER
POLICY NUMBER SEQUENTIAL NO.
EFFECTIVE DATE
SCHEDULE
DESCRIPTION OF COVERED AUTOS:
(IF NO ENTRY APPEARS ABOVE, INFORMATION REQUIRED TO COMPLETE THIS ENDORSEMENT WILL BE SHOWN IN THE DECLARATIONS AS AP-
PLICABLE TO THIS ENDORSEMENT.)
A. PHYSICAL DAMAGE COVERAGE on a covered
"auto" described in the Schedule or in the Declarations also
applies to "loss" to any permanently installed equipment
designed for use as a:
1. Citizen's band radio, or
2. Two-way mobile radio or telephone, or
3. Scanning monitor receiver
including its antennas and other accessories.
B. No deductibles apply to the coverage provided by this
endorsement.
Copyright, Insurance Services Office, Inc. 1986
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
PRESIDENT
STOCK NO. CA 99 08 01 87
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
\,
COMMERCIAL COVERAGE - • • A UTOMOBILE AND
•*' . . . ? GENERAL LIABILITY
'.'•-.' Composite Rating Plan
POLICY AMENDMENT 180007—11-85
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
The estimated exposure, rate, estimated premium and mini- The earned premium shall be computed by applying the rate
mum premium for the insurance afforded by the policy are as shown in the Declarations for this endorsement to the actual
shown in the Declarations above. exposure developed, subject, however, to the minimum pre-
_,", , . . , , , . ., v, , , , mium shown in the Declarations for this endorsement.The advance premium is as stated in the Declarations of the
policy.
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
;:'OJ..ICY NunBEft 2 17 MXA 80046190
NAMED INSURED
CITY OF CARLSBAD
FIREMAN'S
FUND
INSURANCE
COMPANIES
MAIL ADDRESS
NOVATO
CALIFORNIA
CALIFORNIA INSURANCE:.' GUARANTEE ASSOCIATION RECOUPMENT SURCHARGE OF'
i188.00 13 INCLUDED IN YOUR TOTAL ESTIMATED ANNUAL PREMIUM.
END OF COVERAGE DECLARATIONS
CAL-SURANCE ASSOCIATES, INC.
OVER 25 YEARS OF SERVICE
September 1, 1988
CITY OF CARLSBAD
RISK MANAGEMENT
Robert German
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
RE: Vehicle Physical Damage Renewal Policy
Dear Bob:
Your renewal policy is enclosed, based on 89 vehicles, per the sche-
dule you sent us.
As in the past, the policy insures the various public entities
named, for comprehensive coverage on owned vehicles -valued at
$10,000 or more. Coverage is on an actual cash value basis, less
$1,000 deductible, except for fire and lightning. You also have
coverage up to $20,000 for damage to hired vehicles.
There is a minimum premium of $22,000 for the year. The estimated
premium is adjustable at the rate of $264.05 per vehicle. The maxi-
mum value per vehicle is $175,000.
Please let us know if you wish to make any adjustments to the sche-
dule previously submitted, as to vehicles covered or maximum value
of any individual unit.
Sincerely,
David W. Gilbert
Senior Account Administrator
DWGilsr
Enclosure
A Member of the Cal-Surance Group
Mailing Address P.O. Box 3459, Torrance, CA 9O51O 2.79O Skypark Drive, Torrance, CA 9O5O5 (213) 53O-5555 L.A. (213) 772-3151