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Insurance - CMSD - 1970-07-21 20-01- •5 119 GAYLY, MARTIN & FAY,INC rug X L X- 10 4 5 3 9 9 LOS ANGELES - EXCESS LIABILITY POLICY 4-,mj 01 FIREMAN'S FUND CO, I Co age provided the Company do Ignated by nbe �� �` — 101 I stock 'mu Company (he ailed the Comps ) FIREMAN'S 18 THE AMERICAN re DECLARATIONS FUND COM AMERICAN 07 NATIONAL SURETY ITEM I. ED' ADDRESS(NO ST ET TOV COU STATE) CO FOR ION r— CITY OF COSTA MESA THE COSTA MESA SANITARY DISTRICT P 0. BOX 1200 COSTA MESA, CALIFORNIA L 7/1/70 7/1/73 J a a� c�cat ITEM z.- IOr (HO.DA ) ExP 101 (110 DA ) rPf T fl mg PO'x vs In/• ,Tr e 4' p i ITEM 3. THE INSURANCE AFFORDED IS ONI Y '1TF RESPECT TO SUCH AND SO TAI OF HE FOLI UV,ING COVEF GES AS 'RE INDICATED - BY SPECIFIC LIMIT OR LIMITS OF LIABILITY AS RFCPECTS SUCH COVERAGES THIS POLICY SHALL_ APPLY AS EXCESS OF THE PRI .IARY LIMITS INDICATED, AND THE COMPAN` SHALL BE LIABLE ONLY FOR THE DIFFERENCE BETWEEI SUCH PRIMARY LII ITS AND THE COM- BINED LIMITS INDICATED SO THAT THE TOTAL AMOUNT OF INSURANCE SHALL EQUAL SUCF Cr DINED LI I 'S. LIMITS OF LIABILITY COVERAGE PRIMARY LIMITS OF LI ILITY CC BINED LII ITS OF LIABI TV 5 .000 SO $ 000 PERSOr A BODILY INJURY $ AS ,000 ACC REF OR OCCUR AS 000 EACH ACCIDE! OR OCCURRENCE LIABILITY AGE NOD Si 5 ,000 CO' ED or lo: PER PER 00o co! ED oPEP $ END ,000 ACH ACC OP OCCU $ END .000 IDE OR OCCU END ,000 AGGREGATE OP ION $ END .000 :GREGA OPER B- PROPERTY DAMAGE $ ,000 AGGREG. IECT $ ,000 EGA ROT LIABILITY $ 1 000 AGG EC, RDDUCT $ #]_ .000 AGGREC POD CO b ETED OP 10! CO! OP TIOIIS $ 000 AGGREGATE COr ACT $ .000 GGREC COI. AL ITEM C. (A) DEPOSIT PREMIUM $ 6020 (As Per End y2) (B) MINIMUM PREMIUM 5 6020 ANNUALLY IC) THE FOLLO''ING PERCENTAGES OF THE EARNED PREMIUMS PAID UNDER THE POLICY OF THE PRIMARY INSURER SHALL BE USED IN - COMPUTATION OF THE FINAL EARNED PREMIU HEREUNDER. - AUTOMOBILE OTHER THAN AUTOMOBILE • BODILY INJURY LIABILITY CHARGE I° FIAT CHARGE X r PROPERTY DAMAGE LIABILITY FIAT CHARGE FIAT CHARGE >< ITEM SCHEDULE OF PRIMARY 4SURF NCE d NAME OF PRIMARY INSURER(S) POLICY NUMBER) �i-+ V r Pacific Indemnity Co LP 11416 CO Pacific Indemnity Co LP 11417 CO (O / i. r COUNTERSIGNATURE DATE Cry GNATURECOF/AUTHORIZED AGENT JULY 21, 1970 �c�- i 5772-5-66 r, _ THE COMPANY Agrees ith the insured, named a the declaration rode a part hereof, in con ideration of the payrr_ it of the premium and in reliance upon the statements in the declarations and subject to the limits of liability conditions and other terns of this policy INSURING AGREEMENTS I. To pay on behalf of the insured all sums Thich the insured primary policy or policies spe died in the declarations as primary shall become legally ;obligated to pay as damage because of: Insurance and Issued by the'Primary Insurer or Insurers indicated. (a) Bodily injury sick less or diseas including death at any II. The n surer'ce afforded by this.policy cess over the amount time resulting therefrom, herein eferred to as "bodily injury' of primary limits stated Ito 3 of the declarations and applies sustai ,d by any persor or pe one and only (1) afte the Primal- Insurer ha paid or shall he been held liable to pay such primary limits plus sts or (2) ii the it the (b) Injury to or destruction of property including los of Insured has by Ir _II judgn ent been adjudged to pay a sum rhich thereof, herein refe ed is as property dam rage exceeds their its of liability of th Prin ry Insurer and the Primary Insur has'add and an ig out of th hazards coy red by and as defined in the costs covered he,itte poliicyilwhich are innc dental therettolnnns, plus DEFINITIONS 1. COSTS The cord 'Costs means interest on judgr ails im 4. PRIMARY INSURANCE. 'Primary insurance means the policy tigation, adjustment and legal expel excluding;all expenses or poll spe 'fled in Item 5 of the declarations and ssued by for salaried employe and retai ed counsel and all office the Primcry Insur expen of the insured. 5 PRI1viARY LIMITS 'Primary limits means the total amount 2. PERIOD OF INSURANCE The words period of Insurance of all poll y limits of liability applicable under pr mary surance. mean the policy period stated in Item 2 of the declarations 6. COMBINED LIMITS. 'Combined limits means the total amount 3. PRIMARY INSURER 'Primary Insurer means th Insurer or of all polio, limits of liability applicable under both primary Insure spe ified in Item 5 of the declarations ; r 1 insurance and this policy combined NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) It is agreed that the policy does not apply IV As used n this endorsement: 1. Under any Liability Coverage to injury sickness disease, 'hazardous properties include idioacti toxic or explosive death or destruction properties (a) with respect to which an Insured ruder the policy is also or nuclear mate ma!' means source material, special nuclear material insured under a nuclear energy liability poli y Issued by Nuclear or byproduct material, Energy Liability Insurance Association, Mutual Atomi Energy Liability Unde ite or Nuclear Insurance Association of Canada, sour mate 'al' special nuclear mate ml' and 'byproduct or 'ould be an insured unde any such policy but for its termi- mate I¢1' have the meanings given them in the Atomic Energy nation ipon exhaustion of its limit of liability or Act of 1954 or in any lay, amendatory thereof, (b) resulting from the hazardoi properties of nuclear material spent fuel' means any fuel element or fuel component, solid and •ith respect to which (1) any person or organization is liquid, rh'ch has been used or exposed to radiation in a required to maintain financial protection pursuant tc the Ator nuclear reactor, Energy Act of 1954, or any law amendatory thereof, or (2) the insured had thi policy not been issued would be, entitled to waste means any waste material (1) containing byproduct indemnity from the United State of America,or any agency thereof, 4 rsn or Y 9 Y material and (2)any resulting from the operation by any person or unde any agreement entered into by the United State cf Ame i<a, organization of any nuclear facility included within the definition or any agency thereof, with any pe son or organization. of nuclear facility unde paragraph (a) or (b) thereof, II. Under any Medical Payments Coverage or under-any Supple- nuclear facility. means ___ mentary Payments provision relating to immediate medical or surgical relief, to expense incurred with respect to bodily injury (a) any nuclear reacto sickne disease or death resulting from the hazardous properties (b) any equpment or dev de igned or used for (1) separating of nuclear material and an ing out of the operation of a nuclear the isotope of uranium or plutonium, (2) processing or utilizing facility by any,person or organization spent fuel, or (3) handling, proce sing-or packaging waste, RI. Under any Liability Coverage, to injury siccnes disease, or)alloying of special dnuclear mate iah if pat any time the abricating total death or destruction resulting from the hazardous properties of amount of ch mate sal in the custody of the Insured at the nuclear nate ial; if premises wher such equipment or de ice is located consists of or contains more than grams of utor mum or urnium(a) the nuclear material (I) is at any nuclear facility owned any combination thereof,5orr more than 250 grams of urn um 235, by or operated by or on behalf of, an ins red or (2) has been discharged or dispe sed therefrom, (d) any structure, basin, excavation, premise or plat prepared or used for the storage or disposal of .ante (b) the nuclear material is contained in spent fuel or waste at and Includes the ite on 'hich any of the foregoing located, any time pos sed, handled, used, proces ed, stored, transported all operations conducted on such site and all premise used for or disposed of by or of behalf of as insured, or such operations; (c) the injury sickne disease, death or destructior or out nuclear eacto of the furnishing by an insured of ervices materials arts or means any apparatus designed or used to equipment in conne Lion nh the planning, construction, sustain nuclear fission in a self-supporting t to ahain reaction or to tenance operation or use of any nuclear facility but if such contain a critical mass of fissionable material, facility located within the United States of Amer ca, its to With respect to injury to destruction of property the word tories or posses ions or Canada, tin exclusion (c) appli only to injury or destruction includes all forms of radioactive con- injury to or destruction of property at such nuclear facility lamination of property P F It is agreed that Insuring Agreement I of this policy is amended to include all provisions of Insuring Agreement I of the Primary • Insurance as Scheduled in Item #5 of the Policy Declarations • Endt POLICY NUMBER INSURED EFFECTIVE XLX 104 53 99 CITY OF COSTA MESA, ET AL 7-1-70 FIREMAN'S FUND INSURANCE COMPANY PRODUCER THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION Bayly Martin & Fay, Inc ASSOCIATED INDEMNITY CORPORATION COUNTERSIGNATURE 0 AUT 7, ZED AGENT AMERICAN AUTOMOBILE INSURANCE COMPANY FIREMAN'S FUND INSURANCE COMPANY OF TEXAS PRESIDENT _J /I J/yy/ //�` 180009 -6-65 SETS I ANNIVERSARY ENDORSEMENT It is agreed that the Annual premiums ahall be payable as follows Effective date 7/1/70 $6020 First Anniv 7/1/71 To be determined Second Anniv 7/1/72 To be determined POLICY NUMBER INSURED EFFECTIVE FIREMAN'S FUND INSURANCE COMPANY PRODUCER End.112 THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION C O U NT�G ATURE OF A HOR IZE DAGENT AA AUTOMOBILE INSURANCE COMPANY / FIREMAN'S FUND INURANCE COMPAN Y OF TEXAS I27 4 PRESIDENT eV% / e / �( 100009-6-65 SETS LIMITS OF LIABILITY ENDORSEMENT—EXCESS LIABILITY The Limits of Liability as shorn in Item 3 of the Declarations are ammo ided to read • COVERAGE PRIMARY LIMITS OF LIABILITY COMBINED LIMITS OF LIABILITY BODILY INJURY AND nn PROPERTY DAMAGE LIABILITY $ 1,000,000 EACH OCCURRENCE $ 5,000,000•EACH OCCURRENCE SINGLE LIMIT $ 1,000,000 AGGREGATE $ 5,000,000 AGGREGATE Ac TE The foregoing limits of liability shall be deemed to be stated in them declarations of the poll y within the meaning of any applicable policy provision. POLICY NUMBER INSURED EFFECTIVE FIREMAN'S FUND INSURANCE COMPANY PRODUCER THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION End.#1 ASSOCIATED INDEMNITY CORPORATION COUNTERSIGNATURE OF AUTHORIZED AGENT AMERICAN AUTOMOBILE INSURANCE COMPANY J\{ - PRESIDENT 70-X GI'�✓1 // / 175005-7-67 (PRIMARY COMBINED SINGLE LIMIT) ATTACH ENDORSEMENTS HERE L ; CONDITIONS 1. PAYMENT OF COSTS described the Cancelation conditior of thi poll y if this (a) In the nt of claim or claims fig vh ch ore terminated policy canceled as the in pros coded. by ettlement or fudgr ent for not 'or than the prime y li its, Ir the event of change in the pren m or rat ig of any primary then no its shall be payable by the Company insurance ;bile this policy force, the named ured shall (b) Should, ho ver the amount of settlement or judgment for notify the Company in writi ig as soon as practicable and, . which such claim or claims are terminated exc d the primary at the opti of the Company the pr;miu hereon may be limits such costs as are incurred per tally by the insured th rdjusted accordingly the written consent of the Compc iy and 'hich ar of covered Th Comp< iy shall have the right to exam: the named by primary insurance, will be paid by the Company Provided, insured' books and records at any ti dur ig the period of hoverer, that payment of inter st shall be limited lc ite st isuranc and ithi one year ti eafti, for the purpose of accruing alter entry of judgment on rah part the eof as does determi 'GI actual earned premi mm not e' ed the Company limit of lubibty thereor until the Co ipany has paid, tendered or deposited in court such part of 4 FIGHT OF APPEAL In the el, ^.t the Primary Insur the such judgment as does iot exceed the limit of the Compar ins d elects not to appeal a judgment ess :f th pri na liability thereon. li nits, th Company may elect to conduct such appeal at its own expense and shall be liable for the taxable court costs iterest 2 MAINTENANCE OF PRIMARY INSURANCE At the inceptior inside ital th eto and for premium on required ap_eat bonds of this policy the primal- insurance ith primary limits as stated di ch or iot payable under primary insurance pros ded that in the declarations shall be in full fc co and effect and th rite in no ent shall the total li,bility of the Company exceed the shall be mai:tained lull for and effect without change difference between the primary limits and the combined limits except fo reduction of th aggregate primal-, limit of liability stated in the declarations, plus taxable court costs and ite st ilely by eason of claims with respect to bodily injury or prop- to the extent provided by Condition l-(b). I erty damage occurring during the pe mod of thi policy 5 SUBROGATION In the event of any payme it 'der thi Failure to maintain the primary ins ranee any change th policy the insured will notify th Compam of any of th ins red Primari Ir .er or any change in the pr nary surance eN ept rights of recovery therefor agar st any pe nor or organizaLon. as provided above ith spect to aggregate primary limits of The Cor my shall be subrogated to all such rights of the liability hall cor stitute a breach of this condition by the named insured and the isurcd shall execute cl deliver struments insured and shall automatically to 'mate thi poll y without and papers and do v;hate'er els nee sary to sezur such notice unless the Company conse its thereto by ender ent fights. The insured shall do iothing afte los to prejudice Issued to for part of this policy Premium adlustn nt shall be such fights. made as soar as practicable thereafter but payment or tender Any amount recoi red th ough subrogati or ether se shall of unearned premier is net a condition of termination be apporti ed in the im rder of payment of the claim or In the event of change in the pr hum or rating of the pri mi claims involved to the extent of actual part nt thereof by all miry insurance ?He this policy is in force, the named insured shall cot ests and the expense of all such reco• and proceedings notify the Company in writing as soon as practicable and, at the in connection therewith shall be apportioned m the ratio of option of the Company the premium hereon may be adjusted respective ecox If there no recovery in proceedings accordingly conducted solely by the Company the Company shall bear the expenses thereof. The insurance afforded by thi policy is subject to the same jar- 6. NOTIFICATION OF CLAIMS The tnsur_d upoi nog'ledge of rarities term (including the terms used to de ibe,the applica- 6, N NOTIFICATION O or OFr CL likely to give ise of a no, he ton of the limits of liability), conditions and exclumoi as or contained in the primary insurance on the effective date of this under,shall gi immediate written notice thereof to the Company policy xcept, unle otherwise specifically provided in thi pol- 7 CANCELATION Thi policy may be canceled by the named icy any such warrant terms conditions or exclusions relating insured by mailing to the Company written notice tat ^g then to the following: thereafter such cancelation shall be effective This policy may (a) premium; be canceled by the Co npany by made'g to the named insured (b) the obligation to investigat and defend: at the address shown in thi poli y eritte notice stating when not les thar ten days thereafter such cancelation shall be (c) the amount and limits of liability effective. The mailing of notice as aforesaid shall be suffi ent (d) any enewal agreement. proof of notice and the effect: date and hour of can elation stated in the noti shall become the end of the policy period 3. PREMIUM. The deposit premium stated in the declarations is Delivery of such written noti either by the named insured or an estimated premium only Upon termination of this policy or by the Company shall be equivalent to marling If the named at such other time as may be specified herein, the earned insured cancels, earned premi mm shall be computed in accord- premium shall be computed m accordar ith the methcd of ance nth the customary short rate table and procedur If the computation stated in th doctor itions If the earned premium Company car els earned premium shall be computed pro rata In either rent the minimum premium stated in the declaration thus computed exceeds the deposit premium paid, the named insured shall pay the amount in exce thereof to the Company shall be adjusted short rate or pro rata as the cis may be if le the Company shall retur to the named insured the Premium adjustment may be made either at the time cancelation unearned portion paid In no event shall the earned pr 'mum effected or as soon as practicable after cancellation becomes be less than the minimum premium stated in the declarations, effect' but payment or tender of unearned premiun is not a or the short rate or pro rata adjustment of the mi imum pr iun condition of cancelation IN WITNESS WHEREOF the Company has caused thi policy to be igned by its President and Secretary but the same shall not be binding upon the Company unle ounter igned by an author zed agent of the Company SECRETARY PRESIDENT