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Insurance - CMSD - 1970 -07-01 1 • HOME OFFICE LOS ANGELES CAL FORNIA CALIEORNIv, PUBLIC ENTITY SPECIAL COMPREHENSIVE LIABILITY POLICY ` J POLICY PROVISIONS—PART A LP 11417 • COSTA MESA SANITARY DISTRICT E PO BOX 1200 Costa Mesa, CA 92626 MORE DMIOESMDilli SEIRMPANY (A stock rance company he called the company) In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, agrees with the named insured as follows- INSURING AGREEMENTS 1. Coverage A—Bodily and Personal Injury Liability (b) defend any claim against the named insured or its employee for damages under To pay on behalf of the insured all sums Much the insured shall become obli- Section 3294 of the Civil Cods or otherwise for the sake of example or by gated to pay by reason of 1131.filly imposed by law, including Chapter 1681 of the way of punishment, where such claim arises from an act or omission in the State of California Statutes of 1963, or liability assumed by contract, insofar as scope of employment, loyment; the named insured may legally do so, for damages: (c)(1) pay all premiums and furnish bonds to release attachments for an amount (1) because of bodily injury, sickness or aisease, including death at any time not in excess of the applicable limit of liability of this policy, all premiums resulting therefrom and also including care and loss of services sustained by on appeal the required in any such defended suit, the cost of bail bonds Y tr ficed w vhe iionretl in the event of automobile occurrence exceed or automobile per any person or persons, or traffic law violation during the policy period, not to exceed $250 per bail (2) because of any other injury a person may suffer to his person, reputation, bond; character or feelings, including but not limited to malpractice, false arrest, (2) pay all expenses incurred by the company all costs taxed against the in detention or imprisonment, malicious prosecution, libel, slander, defamation of sured in any such suit and all interest accruing after entry of judgment until character, invasion of privacy, wrongful eviction or wrongful entry the company has paid or tendered or deposited with the court such part of such judgment as does not exceed the limit of the company's liability Coverage B—Property Damage Liability—Automobile thereon, To pay on behalf of the insured all sums which the insured shall become obli- (3) pay expenses incurred by the insured for such immediate medical and sur- gated to pay by reason of liability imposed by law, including Chapter 1681 of the gical relief to others as shall be necessary at the time of the injury; State of California Statutes of 1963, or liability assumed by contract, insofar as (4) reimburse the insured for all reasonable expenses, other than loss of earn- the named insured may legally do so, for damage^ because of injury to or destruc P ings incurred at the company's request. Lion of property, including the loss of use thereof arising out of the ownership, maintenance or use of any automobile. The company agrees to pay the amounts incurred under this insuring agreement, except settlements of claims and suits, in addition to the applicable limit of Coverage C—Property Damage Liability—Except Automobile liability of this policy. To pay on behalf of the insured all sums which the insured shall become obli- gated to pay by reason of liability imposed by law, including Chapter 1681 of the III. Persons Insured State of California Statutes of 1963, or liability assumed by contract, insofar as Each of the following is an insured to the extent set forth below. the named insured may legally do so, for damages because of injury to or destruc lion of property, including the loss of use thereof. (a) the named insured; Coverage 0—Errors or Omissions Liability (b) while acting within the scope of his employment as such To pay on behalf of the insured all sums which the insured shall become legally (1) any officer, servant or employee of the named insured, except that the obligated to pay, insofar as such coverage is not afforded under Coverages A or insurance so provided any officer servant or employee does not apply to C, on account of any claim for breach of duty made against the insured by reason bodily injury to or death of another officer, servant or employee of the of any negligent act, error or omission of the insured if such negligent act, error named insured injured in the course of and arising out of his employment; or omission is committed during the policy period and discovered during the policy period or within twenty-four months after termination of the policy. (2) any member of the governing body of the named insured; (3) any member of boards or commissions of the named insured; II. Defense, Settlement, Supplementary Payments As respects such insurance as is afforded by this policy, the company shall: (c) h redr automobile and any personporsorganization legally rresponsible foritheouse a (a) defend in his name and behalf any suit against the insured claiming such thereof, provided the actual use of the automobile is by or with the permission damages, even if such suit is groundless, false or fraudulent; but the company of the named insured. shall have the right to make such investigation, negotiation and settlement of The insurance with respect to any person or organization other than the any claim or suit as it deems expedient; named insured does not apply under division (c) of this insuring agreement: Form 1WOOla (568) PART B—This Declarations page, with 'POLICY PROVISIONS—PART A, and endorsements, if any, issued to form a part thereof, completes the below numb•:red CALIFORNIA PUBLIC ENTITY SPECIAL COMPREHENSIVE LIABILITY POLICY HOME OFFICE: LOS ANGELES, CALIFORNIA Policy No. [P 11417 Previous Policy NEW Item 1. Named Insured and Mailing Address: (No Street,City,County,State,Zip Code) Underwriting Office LOS ANGELES COSTA MESA SANITARY DISTRICT Producer BAYLY, MARTIN & FAY, INC P 0 BOX 1200 COSTA MESA, ORANGE COUNTY CALIFORNIA 92626 Item 2. Policy Period: From JULY 1, 1970 to UNTIL CANCELLED 12:01 A M. Pacific Standard Time Item 3. The named insured is: fl County fl City Ex Other SANITARY DISTRICT Item 4. The insurance afforded is only with respect to such and so many of the following coverages as are indicated by specific limits of liability The limit of the company's liability against each such coverage shall be as stated herein, subject to all of the terms of this policy hazing reference thereto. COVERAGES LIMITS OF LIABILITY $ SEE END, #4 each person A. Bodily and Personal Injury Liability $ SEE END #4 each occurrence $ SEE END. • aggregate products B. Property Damage Liability—Automobile $ SEE END. #4 each occurrence $ SEE END #4 each occurrence C. Property Damage Liability—Except Automobile $ SEE END #4 7r aggregate products $ 50,000 00 each person D. Errors and Omissions liability $ 150,000 00 aggregate Form Numbers of forms and endorsements forming a part of this policy at inception: (1) 1B121a (2) 1w006 (3 ) (4) 1A026a (5 ) 2L025 stimated first year premium is payable $ 992 00 in advance. HL MW Countersigned at LOS ANGELES, CALIFORNIA on JULY 17, 1970 &f-4! C `° AUTHORIZED REPRESENTATIVE LLri—,X T 11 - l --- - V' n- -1 1 ''‘ TT-.r' II- _ NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) It is agreed that: II. As used in this endorsement: I. This policy does not apply: 'hazardous properties' include radioactive, toxic or explosive properties; A. Under any Liability Coverage, to bodily injury or property damage 'nuclear material' means source material, special nuclear material or byproduct (I) with respect to which an insured under this policy is also an insured material; under a nuclear energy liability policy issued by Nuclear Energy Liability y Insurance Association, Mutual Atomic, Energy 'Liability- Underwriters or. \ 'source material' 'special nuclear material' and 'byproduct material' have Nuclear Insurance Association of Canada, or would be an insured under x the meanings given them in the Atomic Energy Act of 1954 or in any law any such policy but for its termination upon exhaustion of its limit of amendatory thereof; liability; or (2) resulting from the hazardous properties of nuclear material and with 'spent fuel' means any fuel element for fuel components solid or liquid, which respect to which (a) any person or organization is required to maintain has been used or exposed to radiation in a nuclear reactor; financial protection pursuant to the Atomic Energy Act of 1954, or any 'waste' means any waste material (1) containing byproduct material and (2) law amendatory thereof, or (b) the insured is, or had this policy not resulting from the operation by any person or organization of any nuclear facility been issued would be, entitled to indemnity from the United States of included within the definition of nuclear facility under paragraph (a) or (b) America, or any agency thereof, under any agreement entered into by thereof; - - .■• the United States of America, or any agency thereof, with any person or 'nuclear facility".means organization. i r 7 B. Under any Medical Payments Coverage, or under any Supplementary Pay- (a) any nuclear reactor, ments provision relating to first aid, to expenses incurred with respect to (b) any equipment or device designed or used for (1) separating the isotopes bodily injury resulting from the hazardous properties of nuclear material of uranium or plutonium; (2) processing or utilizing spent fuel, or (3) and arising out of the operation of a nuclear facility by any person or handling, processing or packaging waste, of ganization. C. Under any Liability Coverage, to bodily injury or property damage resulting (c) any equipment:or device used for the processing, fabricating or alloying from the hazardous properties of nuclear material, if of special nuclear material if at any time the total amount of such (1) the nuclear material (a) is at any nuclear facility owned by, or operated material in the custody of the insured at the premises where such equip- (1) went or device is located consists of or contains more than 25 grams of y or on behalf of, an insured or (b) has been discharged or dispersed plutonium or uranium 233 or any combination thereof, or more than 250 therefrom; grams of uranium 235, (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed (d) any structure, basin, dkcavation, premises or place prepared or used for of by or on behalf of an insured; or the storage or disposal of waste, (3) the bodily injury or property damage arises out of the furnishing by an and includes the site on'which any -of the foregoing is located, all operations insured of services, materials, parts or equipment in connection with conducted on such site and all premises used for such operations; the planning, construction, maintenance, operation or use of any nuclear 'nuclear reactor' means any apparatus designed or used to sustain nuclear fission facility, but if such facility is located within the United States of in a self-supporting chain-reaction or to contain a critical mass of fissionable America, its territories or possessions or Canada, this exclusion (3) material; applies only to property damage to such nuclear facility and any property thereat. 'property damage' includes all forms of radioactive contamination of property. TT- -' i Ti C C TV r^ -T" - 1 r C - -'-.jr_ c --)7.-I .;: T ,T,- i:1,'-1 -'- , V- 2" No. 6 A.P R.P In consideration of the premium charged it is agreed that Item # 18 of the policy conditions as respects "Cancellation" is amended as follows THIS POLICY MAY BE CANCELT,ED BY THE COMPANY BY MAILING TO THE NAMED INSURED AT THE ADDRESS SHOWN IN THIS POLICY, WRITTEN NOTICE STATING WHEN, NOT TT'SS THAN SIXTY DAYS THEREAFTER SUCH CANCELLATION SHALL BE EFFECTIVE C-'- i This endorsement forms a part of and is for attachment to the following described policy issued by the PACIFIC INDEMNITY COMPANY and is effective from the inception date of the policy unless another effective date is shown below. MUST ALWAYS COMPLETE ONLY WHEN THIS ENDORSEMENT IS NOT PREPARED WITH THE POLICY OR IS NOT TO BE EFFECTIVE FROM THE INCEPTION BE COMPLETED DATE OF THE POLICY POL OF OF DOR LP 11417 COSTA MESA SANITARY DISTRICT 7-28-70 7-1-70 FOR HOME OFFICE USE ONLY GM MC BAYLY, MARTIN & FAY INC comic, OF AGE , ROD HON �-]'�' I , .. . �1�.1 JIDt' UNINSURED MOTORISTS COVERAGE AMENDMENT No. 5 (Insolvent Insurer) It is agreed that the term 'uninsured automobile includes an automobile with respect to which there is a bodily injury liability insurance policy applicable at the time of the accident but the company writing the same is or becomes insolvent. This endorsement forms a part of and is for attachment to the following described policy issued by the PACIFIC INDEMNITY COMPANY and is effective from the inception date of the policy unless another effective date is shown below. MUST ALWAYS COMPLETE ONLY WHEN THIS ENDORSEMENT IS NOT PREPARED WITH THE POLICY OR IS NOT TO BE EFFECTIVE FROM THE INCEPTION BE COMPLETED DATE OF THE POLICY PoL UMB OF FEC OF L` DOR EME LP 11417 FOR HOME OFFICE USE ONLY COMM ROD HOR SE Form 2L025 A888 ( No. 4 A.P R.P It is agreed that the total limit of the Company's Liability with respect to Coverage A, B, and C, singly or combined, shall be $1, 000, 000 00 The above limit is also the annual "Aggregate" referred to in Condition 6 Thi endorsement forms part of and for attachment to the folios mg described policy sued by the PACIFIC INDEMNITY COMPANY nd Is effecti from the inception date of the policy nless oth effecti date is rhos below. MUST ALWAYS COMPLETE ONLY WHEN THIS ENDORSEMENT IS NOT PREPARED WITH THE POLICY OR IS NOT TO BE EFFECTIVE FROM THE INCEPTION BE COMPLETED DATE OF THE POLICY POLICY NUFIBER INSURED DATE OF ISSUE EFFECTIVE DATE OF THIS ENDORSES ENT LP 11417 FOR HOME OFFICE USE ONLY LINE KIND COMM. BR.OFF. AGENT ^PRODUCER AUTHORIZED REPRESENTATIVE Form 1A026a QQf No. 3 AP RP 1 In consideration of the premium charged, it is agreed the coverage afforded by this policy SHALL NOT APPLY to the CITY OF COSTA MESA i I L... F This endor ement forms o part of and is fo attachment to the following described policy issued by the PACIFIC INDEMNITY COMPANY and is effective from the inception date of the policy unles another effecti date is shown below. MUST ALWAYS COMPLETE ONLY WHEN THIS ENDORSEMENT IS NOT PREPARED WITH THE POLICY OR IS NOT TO BE EFFECTIVE FROM THE INCEPTION BE COMPLETED DA OF THE POLICY POLICY NUMBER INSURED DATE OF ISSUE EFFECTIVE DATE OF THIS ENDORSEMENT LP 11417 FOR HOME OFFICE USE ONLY LINE KIND I COMM. BR.OFF. AGENT ,�1 pp�PRODUCER 4""tr04• a. ft,,..,, V AUTHORIZED REPRESENTATIVE Form IA026o OF I I i t 1 AUTOMOBILE PHYSICAL DAMAGE ENDORSEMENT No. 2 I (To be used with LP Policy) In consideration of the payment of the premium and subject to the limits of liability exclusions, conditions and other terms of this endorsement, the company agrees to pay for direct and accidental loss of or damage, as defined herein, to automobiles owned by or registered in the name of the named insured, hereinafter called loss, during the endorsement period. i The insurance afforded at the inception date of this endorsement applies to the automobiles listed in a motor vehicle record maintained by the insured, and only with respect to such and so many of the coverages as are indicated therein and as defined herein. AUTOMATIC INSURANCE FOR NEWLY ACQUIRED AUTOMOBILES j The insurance afforded to automobiles newly acquired by the insured as owner or registered in the name of the insured during each 12-month term of the policy shall apply as follows: COMMERCIAL TYPE AUTOMOBILES PRIVATE PASSENGER TYPE AUTOMOBILES Coverage E to all automobiles costing the insured $ AS or more $ or more t Coverage F to all automobiles costing the insured $ PER or more $ NOT Or more il (each loss subject to $ SCHEDULE deductible $ deductible Coverage G to all automobiles costing the insured $ or more $ COVERED or more Coverage H to all automobiles costing the insured $ or more $ or more Coverage I to all automobiles costing the insured $ or more $ or more Coverage 1 to all automobiles costing the insured $ or more $ or more I EXCEPTIONS The company s limit of liability under coverages E, G, H, I or 1, on any newly acquired automobile shall not exceed 100 % of the cost to the insured or $ actual cash value whichever is the lower, and the company's total liability under E, G, I and 1, on all newly acquired automobiles shall not exceed$ 20, 000 Deposit Premium Included __._ The provisional deposit premium for this endorsement is $ Included and is for the period beginning with the inception date of this endorsement and ending on the expiration of the policy or the next anniversary date of the policy. INSURANCE COVERAGES DEFINED Coverage E—Comprehensive Loss of or Damage to the Automobile, Except by Collision or of any fixed heating equipment serving the premises in which the automobile is located, Upset. Loss to the automobile, except loss caused by collision of the automobile with or(c)by the stranding, sinking, burning, collision or derailment of any conveyance in or another object or by upset of the automobile or by collision of the automobile with a upon which the automobile is being transported vehicle to which it is attached. Breakage of glass and loss caused by missiles, falling Coverage H—Theft—Broad Form. Loss to the automobile caused by theft, larceny, robbery objects, fire, theft, explosion, earthquake, windstorm, hail, water flood, malicious mis- or pilferage. chief or vandalism, riot or civil commotion shall not be deemed loss caused by collision or upset. Coverage I—Windstorm, Hail, Earthquake or Explosion. Loss to the automobile caused by windstorm, hail, earthquake or explosion, excluding loss or damage caused by rain, snow Coverage F—Collision or Upset—Full or Deductible. Loss to the automobile caused by or sleet,whether or not wind-driven collision of the automobile with another object or by upset of the automobile, but only for the amount of each such loss in excess of the deductible amount, if any, stated in Coverage 1—Combined Additional Coverage. Loss to the automobile caused by windstorm, the motor vehicle record or the paragraph entitled Automatic Insurance for Newly Acquired hail, earthquake, explosion, riot or civil commotion, or the forced landing or falling of Automobiles as applicable hereto. any aircraft or of its parts or equipment, flood or rising water malicious mischief or vandalism, external discharge or leakage of water except loss resulting from rain, snow Coverage G—Fire, Lightning and Transportation. Loss to the automobile caused fa) by or sleet whether or not wind-driven, provided, with respect to each automobile $25 shall fire or lightning, (b) by smoke or smudge due to a sudden, unusual and faulty operation be deducted from each loss caused by malicious mischief or vandalism. (OVER) This endorsement forms a part of and is for attachment to the following described policy issued by the PACIFIC INDEMNITY COMPANY and is effective from the incep- tion date of the policy unless another effective date is shown below. MUST ALWAYS COMPLETE ONLY WHEN THIS ENDORSEMENT IS NOT PREPARED WITH THE POLICY OR IS NOT TO BE EFFECTIVE FROM THE INCEPTION BE COMPLETED DATE OF THE POLICY POL UMB OF OF GOP LP 11417 Form 1W006(568) — _ MOO / CON OF 00 NOT USE THIS SPACE—FOP HOME OFFICE USE ONLY HOP S E POE WP EM coN MO MO. M MOS 1 1 I 1 I 1 1 I I 1 1 r I , —..1 SPECIAL PROVISIONS Lass of Use by Theft—Rental Reimbursement The company, following a theft covered date as the company makes or tenders settlement for such theft. under this endorsement of the entire automobile, shall reimburse the insured for expense Such reimbursement shall be made only if the stolen automobile was a private passenger not exceeding $10 for any one day nor totaling more than $300 or the actual cash value automobile not used as a public or livery conveyance and not owned and held for sale of the automobile at time of theft, whichever is less, incurred for the rental of a sub- by an automobile dealer. stitute automobile, including taxicabs. Such reimbursement is payable by the company General Average and Salvage Charges.The company, with respect to such transportation in addition to the applicable limit of liability of this endorsement. insurance as is afforded by this endorsement, shall pay any general average and salvage Reimbursement is limited to such expense incurred during the period commencing forty- charges for which the insured becomes legally liable. eight hours after such theft has been reported to the company and the police and terminat- Territory.This endorsement applies while the automobile is within North America or any ing, regardless of expiration of the endorsement period, on the date the whereabouts possession of the United States wherever located, or is being transported between of the automobile becomes known to the named insured or the company or on such earlier ports thereof. EXCLUSIONS This Endorsement Does Not Apply: coincident with and from the same cause as other loss covered by this endorse- (a) to loss due to war, whether or not declared, civil war insurrection, rebellion or ment; revolution, or to any act or condition incident to any of the foregoing; (e) to loss due to radioactive contamination; (b) to any damage to the automobile which is due and confined to wear and tear (f) under coverages E and N, to loss due to conversion, embezzlement or secretion freezing, mechanical or electrical breakdown or failure, unless such damage is by any person in possession of the automobile under a bailment lease, conditional the result of other loss covered by this endorsement; sale, purchase agreement, mortgage or other encumbrance; (c) to robes,wearing apparel or personal effects; (g) under coverage F to breakage of glass if insurance with respect to such breakage (d) to tires unless damaged by fire or vandalism or stolen or unless such loss be is otherwise afforded. CONDITIONS fIn addition to the following conditions, conditions 1, 2, 13, 16, 17 and 18 of the policy appraisal and umpire. f are applicable to this endorsement. The company shall not be held to have waived any of its rights by any act relating to 1 appraisal. 1. Insured's Duties When Loss Occurs.When loss occurs, the insured shall: 3. Limit of Liability; Settlement Options; No Abandonment. The limit of the company's (a) protect the automobile, whether or not the loss is covered by this endorsement, liability for loss shall not exceed either(1) the actual cash value of the automobile, and any further loss due to the insured's failure to protect shall not be recover- or if the loss is of a part thereof the actual cash value of such part, at time of loss, able under this endorsement; reasonable expense incurred in affording such pro- or(2)what it would then cost to repair or replace the automobile or such part thereof tection shall be deemed incurred at the company's request; withrb and of kind andtaqud it quality, with h deduction for for depreciation, paragraph the (b) give notice thereof as soon as practicable to the company or any of its authorized applicable agents and also, in the event of theft, larceny, robbery or pilferage, to the police Automatic Coverage for Newly Acquired Automobiles. but shall not, except at his own cost, offer or pay any reward for recovery of The company may pay for the loss in money or may repair or replace the automobile the automobile; or such part thereof, as aforesaid, or may return any stolen property with payment (c) file proof of loss with the company within ninety-one days after the occurrence for any resultant damage thereto at any time before the loss is paid or the property of loss, unless such time is extended in Writing by the company, in the form of a is so replaced, or may take all or such part of the automobile at the agreed or sworn statement of the insured setting forth the interest of the insured and of appraised value but there shall be no abandonment to the company. all others in the property affected, any encumbrances thereon, the actual cash A Payment for Loss; Action Against Company. Payment for loss may not be required value thereof at time of loss, the amount, place, time and cause of such loss, nor shall action lie against the company unless, as a condition precedent thereto, the amount of iental or other expense for which reimbursement is provided under the insured shall have fully complied with all the terms of this endorsement nor until this endorsement, together with original receipts therefor, and the description thirty days after proof of loss is filed and the amount of loss is determined as and amounts of all other insurance.covering such property. provided in this endorsement. 1. Upon the company's request, the insured shall exhibit damaged property to the 6. Other Insurance. If the insured has other insurance against loss covered by this company and submit to examinations under oath by anyone designated by the com- endorsement the company shall not he liable under this endorsement for a greater .j pony, subscribe the same and produce for the company's examination all pertinent proportion of such loss than the applicable limit of liability stated herein bears to 3 records and sales invoices, or certified copies if originals be lost, permitting copies the total applicable limit of liability of all valid and collectible insurance against 3 thereof to be made, all at such reasonable times and places as the company shall such loss. i' designate. 6. No Benefit to Bailee. The insurance afforded by this endorsement shall not enure 'p 2. Appraisal. If the insured and the company fail to agree as to the amount of loss, directly or indirectly to the benefit of any carrier or bailee liable for loss to the f each shall, on the written demand of either, made within sixty days after receipt automobile. of proof of loss by the company, select a competent and disinterested appraiser and T Automobile Defined; Trailers; Two or More Automobiles. Except where specifically the appraisal shall et made at a reasonable time and place. The appraisers shall stated to the contrary, the word 'automobile' wherever used in this endorsement first agree select a competent and disinterested st of the and failing for fifteen such to shall mean a motor vehicle, trailer or semitrailer. The word 'automobile' shall also I agree u on such umpire, then, on the request of the insured or the company, such include its equipment and other equipment permanently attached thereto. The word I umpire shall be selected by a Judge of a court of record in the county and state m 'trailer shall include semitrailer 7 which such appraisal is pending. The appraisers shall then appraise the loss, stating i separately the actual cash value at the time of loss and the amount of loss, and When two or more automobiles are insured hereunder, the terms of this endorsement I failing to agree shall submit their differences to the umpire. An award in writing shall apply separately to each and a motor vehicle and a trailer or trailers attached t pay his two chosen appraiser and andl loss. bear equally the other shall the including any deductible be automobiles as respects limits of liability, i 1 1 L' ACD II I � ifUll�fi ii\IHll� ll9®O!LEPAk�Ft COVERAGE PART NO 1 PROTECTION AGAINST UNINSURED MOTORISTS INSURANCE LP 11417 (;alifornia) For attachment to Policy No , to complete said policy. SCHEDULE The insurance afforded is only with respect to the following Coverage as indicated by specific premium charge The limit of the company s liability against such Coverage shall be as stated herein, subject to all the terms of this policy having reference thereto Advance Premium Limits of Liability Coverage $ INCL 15 thousand dollars 30 thousand dollars U—Uninsured Motorists each person each accident $ Form numbers of endorsements attached at issue $ INCL. Total Advance Premium Designated Insured Description of Insured Highway Vehicles (Check appropriate box) Any automobile owned by the named insured ❑ Any private passenger automobile owned by the named insured ❑ Any highway vehicle to which are attached dealer s license plates issued to the named insured ❑ Any highway vehicle designated in the declarations of the policy by the letters 'UM' and a highway vehicle ownership of which is acquired during the policy period by the named insured as a replacement therefor El Any mobile equipment owned or leased by and registered in the name of the named insured Ell — I. COVERAGE U—UNINSURED MOTORISTS (a) The limit of liability stated in the schedule as applicable to each person' (Damages for Bodily Injury) is the limit of the company's liability for all damages because of bodily injury sustained by one person as the result of any one accident and, subject to the The company will pay all sums which the insured or his legal representative above provision respecting each person' the limit of liability stated in the shall be legally entitled to recover as damages from the owner or operator of an schedule as applicable to 'each accident' is the total limit of the company's uninsured highway vehicle because of bodily injury sustained by the insured, liability for all damages because of bodily injury sustained by two or more caused by accident and arising out of the ownership, maintenance or use of such persons as the result of any one accident uninsured highway vehicle; provided,for the purposes of this coverage,determina- tion as to whether the insured or such representative is legally entitled to recover (b) Any loss payable under the terms of this coverage to or for any person shall be such damages, and if so the amount thereof, shall be made by agreement between reduced by: the insured or such representative and the company or, if they fail to agree, by (1) the amount paid and the present value of all amounts payable to him under arbitration. any workmen's compensation law, exclusive of non-occupational disability No judgment against any person or organization alleged to be legally respon- benefits; sible for the bodily injury shall be conclusive, as between the insured and the company of the issues of liability of such person or organization or of the amount (2) amounts paid or payable to or for such person under any valid and collet of damages to which the insured is legally entitled unless such judgment is tible automobile insurance available to the insured to afford benefits for entered pursuant to an action prosecuted by the insured with the written consent medical expenses; of the company. (3) the amount the insured is entitled to recover from any other person insured Exclusions under the bodily injury liability coverage of this policy; and This insurance does not apply: (4) all sums paid by or on behalf of the owner or operator of the uninsured high- way vehicle and any other person or organization jointly or severally liable (a) to bodily injury to an insured with respect to which such insured, his legal together with such owner or operator for bodily injury to an insured. representative or any person entitled to payment under this insurance shall, without written consent of the company, make any settlement with any person ly POLICY PERIOD; TERRITORY or organization who may be legally liable therefor Ib) to bodily injury to an insured while occupying a highway vehicle (other than This insurance applies only to accidents which occur during the policy period an insured injury vehicle) owned by the named insured, any designated in- and within the United States of America, its territories or possessions,or Canada. sured or any relative resident in the same household as the named or desig- nated insured, or through being struck by such a vehicle, but this exclusion V. ADDITIONAL DEFINITIONS does not apply to the named insured or his relatives while occupying or if struck by a highway vehicle owned by a designated insured or his relatives, When used in reference to this insurance (including endorsements forming a (c) so as to inure directly or indirectly to the benefit of any workmen s compensa- part of the policy): tion or disability benefits carrier or any person or organization qualifying as a 'designated insured' means an individual named in the schedule under Desig- self-insurer under any workmen s compensation or disability benefits law or nated Insured; any similar law. 'highway vehicle' means a land motor vehicle or trailer other than II. PERSONS INSURED la) a farm type tractor or other equipment designed for use principally off Each of the following is an insured under this insurance to the extent set forth public roads,while not upon public roads, below: (b) a vehicle operated on rails or crawler-treads,or (a) the named insured and any designated insured and, while residents of the lc) a vehicle while located for use as a residence or premises; same household,the spouse and relatives of either 'hit-and-run vehicle' means a highway vehicle which causes bodily injury to an Ib) any other person while occupying an insured highway vehicle; and insured arising out of physical contact of such vehicle with the insured or with a vehicle which the insured is occupying at the time of the accident, provided: (c) any person, with respect to damages he is entitled to recover because of la) there cannot be ascertained the identity of either the operator or owner of bodily injury to which this insurance applies sustained by an insured under such highway vehicle; (a)or(b)above. (b) the insured or someone on his behalf shall have reported the accident within The insurance applies separately with respect to each insured, except with 24 hour to a police, peace or judicial officer or to the Commissioner of respect to the limits of the company s liability Motor Vehicles. and shall have filed with the company within 30 days III. LIMITS OF LIABILITY thereafter a statement under oath that the insured or his legal representa- tive has a cause or causes of action arising out of such accident for damages Regardless of the number of insureds under this policy, the company s liability against a person or persons whose identity is unascertainable, and setting is!milted as follows forth the facts in support thereof;and (over) Form 18121a (468) (c) at the company s request, the insured or his legal representative makes pany, the company may require the insured to join such person or organization available for inspection the vehicle which the insured was occupying at the as a party defendant. time of the accident; 'insured highway vehicle' means a highway vehicle: D. Notice of Legal Action. la) described in the schedule as an insured highway vehicle to which the bodily If, before the company makes payment of loss hereunder, the insured or his injury liability coverage of the policy applies; legal representative shall institute any legal action for bodily injury against any person or organization legally responsible for the use of a highway vehicle lb) while temporarily used as a substitute for an insured highway vehicle as described in subparagraph (a) above, when withdrawn from normal use involved in the accident, a copy of the summons and complaint or other because of its breakdown, repair, servicing, loss or destruction; process served in connection with such legal action shall be forwarded imme- diately to the company by the insured or his legal representative (c) while being operated by the named or designated insured or by the spouse of either if a resident of the same household; E. Other Insurance. but the term 'insured highway vehicle' shall not include: With respect to bodily injury to any insured occupying a highway vehicle other than an owned highway vehicle to which the bodily injury liability coverage (i) a vehicle while used as a public or livery conveyance, unless such use is applies, the insurance hereunder shall not apply if the owner of such highway specifically declared and described in this policy; vehicle has insurance similar to that provided for herein. (ii) a vehicle while being used without the permission of the owner; Subject to the preceding paragraph, if the insured has other similar insurance (iii) under subparagraphs (b) and (c) above, a vehicle owned by the named available to him,any damages shall be deemed not to exceed the higher of the insured, any designated insured or any resident of the same household as applicable limits of the respective coverages and such damages shall be pro- the named or designated insured;or rated between such coverages in such proportion as each coverage bears to the total of such limits. (iv) under subparagraphs (b) and (c) above, a vehicle furnished for the regular use of the named insured or any resident of the same household; F Arbitration. 'occupying' means in or upon or entering into or alighting from; If any person making claim hereunder and the company do not agree that such 'state' includes the District of Columbia, a territory or possession of the person is legally entitled to recover damages from the owner or operator of an United States,and a province of Canada; uninsured highway vehicle because of bodily injury to the insured, or do not agree as to the amount of payment which may be owing under this insurance, 'uninsured highway vehicle' means: then, upon written demand of either the matter or matters upon which such (a) a highway vehicle with respect to the ownership, maintenance or use of person and the company do not agree shall be settled by a single neutral which there is, in at least the amounts specified by the financial respon- arbitrator and judgment upon the award rendered by the arbitrator may be sibility law of the state in which the insured highway vehicle is principally entered in any court having jurisdiction thereof. Such person and the company garaged, no bodily injury liability bond or insurance policy applicable at the each agree to consider itself bound and to be bound by any award made by tune of the accident with respect to any person or organization legally the arbitrator pursuant to this insurance. responsible for the use of such vehicle, or with respect to dhich there is a bodily injury liability bond or insurance policy applicable at the time of the G. Trust Agreement. accident but the company writing the same denies coverage thereunder or In the event of payment to any person under this insurance: refuses to admit coverage thereunder except conditionally or with reserva- tion, (a) the company shall be entitled to the extent of such payment to the pro- ceeds or ceeds of any settlement or judgment that may result from the exercise of (b) a hit-and-run vehicle; any rights of recovery of such person against any person or organization legally responsible for the bodily injury because of which such payment but the term 'uninsured highway vehicle' shall not include: is made; Ii) an insured highway vehicle, (b) such person shall hold in trust for the benefit of the company all rights of (ii) a highway vehicle which is owned or operated by a self-insurer within the recovery which he shall have against such other person or organization because of the damages which are the subject of claim made under this meaning of any motor vehicle financial responsibility law, motor carrier law insurance; or any similar law, (c) such person shall do whatever is proper to secure and shall do nothing (iii) a highway vehicle which is owned by the United States of America, Canada, after loss to prejudice such rights; a state, a political subdivision of any such government or an agency of any (d) if requested in writing by the company, such person shall take, through of the foregoing. any representative designated by the company, such action as may be VI. ADDITIONAL CONDITIONS necessary or appropriate to recover such payment as damages from such other person or organization, such action to be taken in the name of such A. Premium. person; in the event of a recovery, the company shall be reimbursed out If during the policy period the number of insured highway vehicles owned by the of such recovery for expenses, costs and attorneys' fees incurred by it in named insured or spouse or the number of dealer's license plates issued to the connection therewith; named insured changes, the named insured shall notify the company during the (e) such person shall execute and deliver to the company such instruments policy period of any change and the premium shall be adjusted in accordance and papers as may be appropriate to secure the rights and obligations of with the manuals in use by the company If the earned premium thus computed such person and the company established by this provision. exceeds the advance premium paid, the named insured shall pay the excess to the company; if less the company shall return to the named insured the H. Payment of Loss by the Company. unearned portion paid by such insured. Any amount due hereunder is payable B. Proof of Claim; Medical Reports. (al to the insured,or As soon as practicable, the insured or other person making claim shall give to (b) if the insured be a minor to his parent or guardian,or the company written proof of claim, under oath if required, including full (c) if the insured be deceased to his surviving spouse,otherwise particulars of the nature and extent of the injuries, treatment,and other details entering into the determination of the amount payable hereunder The insured (d) to a person authorized by law to receive such payment or to-a person and every other person making claim hereunder shall submit to examinations legally entitled to recover the damages which the payment represents; under oath by any person named by the company and subscribe the same, as provided, the company may at its option pay any amount due hereunder in often as may,reasonably be required. Proof of claim shall be made upon forms accordance with division(d)hereof. furnished by the company unless the company shall have failed to furnish such forms within 15 days after receiving notice of claim. The injured person shall submit to physical examinations by physicians se- I. Action Against Company. lected by the company when and as often as the company may reasonably require and he, or in the event of his incapacity his legal representative, or No action shall lie against the company unless, as a condition precedent there- in the event of his death his legal representative or the person or persons to,the insured or his legal representative has fully complied .vith all the terms entitled to sue therefor shall upon each request from the company execute of this policy nor unless within one year from the date of accident: authorization to enable the company to obtain medical reports and copies of (a) suit for bodily injury has been filed against the uninsured motorist in a j records. court of competent jurisdiction,or It C. Assistance and Cooperation of the Insured. } After notice of claim under this insurance, the company may require the (b) a agreement as to the amount due under this coverage has been concluded, insured to take such ction may be necessary or appropriate to pres;rve his right to recover damages from any person or organization alleged to be (c) the insured or his legal representative has formally instituted arbitration legally responsible for the bodily injury; and in any action against the com- proceedings. (1) to any person or organization, or to any agent or employee thereof, en- (2) with respect to any hired automobile, to the owner, or a lessee thereof gaged in selling. repairing, servicing, delivering, testing, road testing, other than the named insured, or to any agent or employee of such owner parking or storing automobiles, with respect to any occurrence arising out or lessee. of any such occupation, if there is other valid and collectible insurance available to such person as a named insured or as an agent or employee of a named insured under a policy with limits at least equal to the require- IV. Policy Period, Territory menu of the applicable Financial Responsibility Laws, provided that, in the This policy applies only to occurrences which take place during the policy event there is no such other valid and collectible insurance, coverage shall period anywhere in the world. be afforded such person or organization with limits of liability equal to the requirements of the Financial Responsibility Laws; EXCLUSIONS This policy does not apply: contract, to bodily injury to or sickness, disease or death of any employee of the (a) under coverages A and C to liability arising out of the maintenance and use of any insured arising out of and in the course of his employment by the insured; aircraft (1) owned by, hired by, or loaned to the insured, or (2) in flight (meaning (d) under coverages B and C. to iniury to or destruction of (1) property owned by the the time commencing with the actual take-off run of the aircraft and continuing insured, or (2) property rented to or leased to the insured where the insured has thereafter until it has completed its landing run) by or for the account of the assumed liability for damage to or destruction of such property unless the named insured, insured would have been liable in the absence of such assumption of liability; (b) under coverage A, to any obligation for which the insured or any carrier as his (e) under coverage C, (1) to injury to or destruction of aircraft in the care, custody insurer may be held liable under any workmen's compensation, unemployment com- or control of the insured, or (2) to the ownership, maintenance or use of any pensation or disability benefits law, or under any similar law; automobile; (c) under coverage A, except with respect to liability assumed by the insured under (I) to liability arising under Article 1, Section 14 of the Constitution of California, CONDITIONS The conditions, except condi ions 4, 5, 6 and 7 apply to all coverages. Conditions 4, 5, 6 and 7 apply only to the coverage or coverages noted thereunder. 1. Premium The premium stated in the declarations is an estimated annual premium or carried on an automobile not so described, but not otherwise: if of the crawler- only for the automobiles and a flat annual charge for exposures other type, any tractor, power crane or shovel, ditch or trench digger any farm-type than automobiles. At the end of each annual period of this policy, the earned premium tractor- any concrete mixer other than of the mix-in-transit type; any grader, for automobiles shall be computed in accordance with the company's rules, rates, scraper, roller or farm implement; and, if not subject to motor vehicle registration, rating plans, premiums and minimum premiums applicable to this insurance. If the any other equipment not specified below, which is designed for use principally off earned premium thus computed exceeds the estimated advance premium paid, the named public roads. insured shall pay the excess to the company. if less, the company shall return to the The following described equipment shall be deemed an automobile while tom u named insured the unearned portion paid by such insured. or carried on an automobile s above defined solely for purposes of transportation The named insured shall maintain, for each hazard, records of the information or while being operated solely for locomotion, but not otherwise: if of the non- necessary for premium computation. crawler type, any power crane or shovel, ditch or trench digger and any air- compressing, building or vacuum cleaning, spraying or welding equipment or well 2. Inspection and Audit The company shall be permitted but not obligated to inspect drilling machinery. the named insured's property and operations at any time. Neither the company s right to make inspections nor the making thereof nor any report (c) Semitrailer. The word 'trader' includes semitrailer. thereon shall constitute an undertaking. on behalf of or for the benefit of the named insured or others, to determine or warrant that such property or operations are safe. (d) Two or More Automobiles. The terms of this policy apply separately to each auto- mobile insured hereunder but a motor vehicle and a trailer or trailers attached The company may examine and audit the named insured's books and records at thereto shall be held to be one automobile as respects limits of liability. any time during the policy period and extensions thereof and nthin three years after the final termination of this policy, as far as they relate to the subject matter of this (e) Use. Use of an automobile or aircraft includes the loading and unloading thereof, insurance. 3. Definitions 4. Limits of Liability The limit of liability stated in the declarations under Coverage Ceuerage A A as applicable to "each person" is the limit of the company's (a) Occurrence. The word 'occurrence' means an event or a continuous or repeated liability for all damages, including damages for care and loss exposure to conditions which causes injury to persons or damage to property during of services, arising out of bodily injur; sickness or disease or arising out of any the policy period that is neither knowingly nor intentionally caused by or at the other injury a person may suffer to his person, including death at any time resulting direction of the insured. therefrom, sustained by one person as the result of any one occurrence; the limit of (h) Automobile. Except where stated to the contrary, the word 'automobile' means such liability stated in the declarations as applicable to 'each occurrence' is, subject a land motor rehicle or trailer as follows: to the above provision respecting each person, the total limit of the company's liability for all damages, including damages for care and loss of services, arising out of bodily (1) Owned Automobile—an automobile owned by the named insured; injury, sickness or disease or arising out of any other injury a person may suffer to his (2) Hired Automobile—an automobile used under contract in behalf of, or loaned person, including death at any time resulting therefrom, sustained by two or more to, the named insured provided such automobile is not owned by or registered persons as tee result of any ane occurrence. in the name of (a) the named insured or (b) an officer servant or employee of the named insured who is granted an operating allowance of any sort for the 5. Limits of Liability The limit of liability stated in the declarations under cover- use of such automobile; co ace c ages B and C as applicable to each occurrence' is the total (3) Non-owned Automobile—any other automobile. limit of the company's liability for all damages arising out of injury to or destruction of all property of one or more persons or organizations, includ-. The following described equipment shall be deemed an automobile while towed by ing the loss of use thereof, as the result of any one occurrence. 6. Limits of Liability—Prdducts Subject to the limit of liability with respect lo 'each condition of this policy on the part of any additional insured shall not affect or Co age A nd C occurrence," the limits of liability under coverages prejudice the rights of the named insured. The insured may, at the insured's trim A and C stated in the declarations as 'aggregate cost, have the insured's attorneys participate in the defense of any suit or in the products' are respectively,the total limits of the company's liability for all damages prosecution of any appeal. arising out of the use of or the existence of any condition in water sold or dist9ibuted by the insured during each annual period. 14. Action Against Company No action shall lie against the company unless, as a 7. Limits of Liability he limit of errors or omissions liability stated in the declar- condition precedent thereto, the insured shall have co age D y Thorns as of applicable to omissions person" is the int t limit of fully complied with all the terms of this policy, nor until the amount of the insured's PP P obligation to pay shall have been finally determined either by judgment against the the company's liabilit; for all sums payable under coverage D insured after actual trial or by written agreement of the insured, the claimant and to any one person or organization. the company. Subject to the above provision with respect to 'each person, the limit of errors Any person, organization or the legal representative thereof who has secured such and omissions liability stated in the declarations as 'aggregate is the total limit of judgment or written agreement shall thereafter be entitled to recover under this policy the company's liability for all sums payable under coverage D during each annual in the same manner and to the same extent as the insured. Nothing contained in period. this policy shall give any person or organization any right to join the company as a 8. Limits of Liability For the purpose of determining the limit of the company's lia- co-defendant in any action against the insured to determine the insured's liability. bility, all bodily and personal injury and property damage Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve arising out of continuous or repeated exposure to substantially the same general the company of any of its obligations hereunder. conditions shell be considered as arising out of one occurrence. 9. Severability of Interests The term 'the insured' is used severally and not collet 15. Other Insurance If the insured has other valid and collectible insurance against Y Y a loss covered by this policy, the insurance extended by this tively, but the inclusion herein of more than one insured policy shall be excess insurance only and not primary or contributing shall not operate to increase the limits of the company's liability. 10. Financial Responsibility Laws When this policy is certified as proof of financial 16. Subrogation In the event of any payment under this policy, the company shall P Y P Y P be subrogated to all the insured' rights of recovery therefor responsibility-for the future under the provisions against any person or organization not affiliated with or under the control of the of any motor vehicle financial responsibility law, such insurance as is afforded by this insured, and the insured shall execute and deliver instruments and papers and do policy for bodily injury liability or for property damage liability shall comply with the whatever else is necessary to secure such rights The insured shall do nothing after provisions of such law to the extent of the coverage and limits of liability required by loss to prejudice such rights. such law. The insured agrees to reimburse the company for any payment made by the company which it would not have been obligated to make under the terms of this 17. Changes No notice to any representative or knowledge possessed by any other policy except for the agreement contained in this paragraph. person shall be held to effect a waiver or change in any part of this policy or estop the company from asserting any right under the terms of this policy; 11. Notice of an Occurrence Upon the happening of an occurrence written notice shall nor shall the terms of this policy be waived or changed, except by endorsement issued be given by or on behalf of the insured to the company to form a part of this policy. or any of its authorized representatives as soon as practicable after an officer or an employee in charge of reporting such losses to insurance companies learns of the 18. Cancelation This policy may be canceled by the named insured by mailing to occurrence Such notice shall contain particulars sufficient to identify the insured and the company written notice stating when thereafter the cancelation also reasonably obtainable information with respect to the time, place and circum- shall be effective This policy may be canceled by the company by mailing to the stances of the occurrence, the names and addresses of the injured and of available named insured at the address shown in this policy written notice stating when not less witnesses than thirty days thereafter such cancelation shall be effective. The mailing of notice as aforesaid shall he sufficient proof of notice. The time of the surrender or the 12. Notice of Claim or Suit If claim is made or suit is brought against the insured, effective date of cancelation stated in the notice shall become the end of the policy the insured shall immediately forward to the company period. Delivery of such written notice either by the named insured or by the every demand, notice, summons or other process received by him or his representative. company shall be equivalent to mailing. 13. Assistance and Cooperation of the Insured The insured shall cooperate with the If the named insured cancels, earned premium shall be computed in accordance with company and, upon the company's re- the customary short rate table and procedure. If the company cancels, earned quest, shall attend hearings and trials and shall assist in effecting settlements, secur- premium shall be computed pro rata. Premium adjustment may be made either at the ing and giving evidence, obtaining the attendance of witnesses and in the conduct of time cancelation is effected or as soon as practicable after cancelation becomes suits, and the company shall reimburse the insured for any expense other than loss effective,but payment or tender of unearned premium is not a condition of cancelation of earnings, incurred at the company's request. The insured shall not, except at his own cost, voluntarily make any payment, assume any obligation or incur any expense 19. Acts, Omissions or Errors Any act, omission or error, on the part of any other than for such immediate medical or surgical relief to others as shall be impera- insured under the policy shall not prejudice the five at the time of injury. The breach of any warranty or failure to comply with any interest of any other insured under this policy. in Witness Whereof, the company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a duly authorized repre- sentative of the company. (g `� SECRETARY. PRESIDENT.