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HomeMy WebLinkAboutResolution - 2011-R0365 - Purchase Excess Liability Insurance -Onebeacon Insurance - 08/25/2011tesolution No. 2011—RO365 kugust 25, 2011 Item No. 5.7 RESOLUTION E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock BE and is hereby authorized and directed to purchase for and on behalf of the City of Lubbock, excess liability insurance coverage from OneBeacon Insurance, for a premium amount not to exceed $277,970.00 or the amount adjusted due to changes in the premiums required as a result of the annual audit; and THAT the City Manager may execute any routine documents and forms associated with said insurance coverage. Passed by the City Council this August 25, 2011 ATTEST: TOM MARTIN, MAYOR Q—*—� s==� Reb •ca Carza, City Secreta APPROVED AS TO CONTENT: b�V Leisa Hutcheson, Director of Risk Management APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Risk Mgmt-OneBeacon Ins Co August 9, 2011 Wells Fargo Insurance Services Tnford tatum I NSURANCE AGENCY CASUALTY PACKAGE GENERAL LIABILITY Insurance Company OneBeacon Insurance A XIII - Admitted Effective Date: 10-01-11 to 10-01-12 Wil"tiiY�li1•Y�i Resolution No. 2011-80365 $ 1,000,000 General Aggregate $ 1,000,000 Products/ Completed Operation Aggregate $ 1,000,000 Each Occurrence $ 500,000 Self Insured Retention - Each Occurrence $ 1,000,000 Personal & Advertising Injury $ 500,000 Self Insured Retention - Each Offense $ 1,000,000 Damage to Premises Rented to You - Each Occurrence $ 1,000,000 Health Care & Social Services (for nurses, EMT' and First Responders) - Each Wrongful Act $ 500,000 Self Insured Retention - Each Wrongful Act $ Not Covered Medical Expense $ Cemetery $ 1,000,000 Failure to Supply $ 1,000,000 Sexual Abuse • Sewer Back -Up Limit is equal to Bodily Injury and Property Damage Limit No automatic designated operations and premises exclusion applies This information is intended to be reviewed by the representatives for the entity and no other parties. Review by persons other than the entity's representatives is prohibited. Likewise, dissemination or copying of this document or the information contained herein to persons other than the entity's representative is also prohibited. Wells Fargo Insurance Services TE: INJ5QRArzCe AGENCY Features & Benefits Broad "Who is an Insured" provision" • The government entity • Operating authorities, boards, commissions, districts or any other governmental units provided they are operated, controlled and funded by the named insured. • Trusts and trustees • Current or previously elected or appointed officials of the named insured • Current or previously elected or appointed officials of operating authorities, boards, commissions, districts or any other governmental units. • Employees • Volunteer Workers • Partnership or joint ventures • Limited Liability Companies Expected or Intended Injury of Damage — if resulting from the use of reasonable force to protect persons or property Pollution Liability coverage for: • Water Treatment • Propane gas used in certain operations • Pesticide and herbicide application • Emergency response services and training • Hostile fire, heat, fumes or smoke Watercraft Liability for: • Non -owned watercraft exposure — (no size limitation) • Personal watercraft and owned watercraft with 100 horsepower or less Broad Form Contractual for covered contracts Host Liquor Liability Products and Completed Operations Premises Damage Legal Liability Broadened Definition of Bodily Injury and Property Damage Defense Cost in addition to policy limits and within retention application Unless specifically excluded, sewer back-up coverage arising from negligent act, provided to policy limits. This information is intended to be reviewed by the representatives for the entity and no other parties. Review by persons other than the entity's representatives is prohibited. Likewise, dissemination or copying of this document or the information contained herein to persons other than the entity's representative is also prohibited. Wells Fain Insurance Services senford tatum INSURANCE AGENCY GENERAL LIABILITY The Commercial General Liability policy provides bodily injury, property damage, defense, settlement and supplementary payments coverage. It contains an automatic coverage feature so that if new public liability exposures are created during the term of the policy (as a result of acquiring new locations, undertaking new operations, etc.), coverage is automatically extended to these new operations. The policy is subject to audit so that premium may be made commensurate with the actual exposures. Premises and Operations - Provides coverage for your liability for bodily injury and property damage claims arising from your operations including all exposures at or away from your premises. Independent Contractors - Insures bodily injury and property damage legal liability arising from the operation of independent contractors. This is a secondary exposure to you and the primary liability would rest with the contractors. Some exposure examples might include altera- tions or repairs of premises or equipment and the use of specialized services to accommodate the needs of your operations. Products/Completed Operations - Protection for claims arising from your operations that have been completed or out of your products, all occurring away from the premises. INCLUDED COVERAGES Blanket Contractual - provides coverage for liability you assume under oral or written contracts relating to the conduct of your business. Personal Injury and Advertising Liability - protects your business against claims arising out of false arrest, detention, imprisonment, malicious prosecution, libel, slander, wrongful entry or eviction or other invasion of private occupancy. (Employees are also protected under this coverage while acting within the scope of their duties.) Advertising Injury also covers you for such things as unfair competition or infringement of copyright, which may arise out of your advertising, promotional, or publicity activities. Fire Damage Legal Liability - covers your legal liability for fire damage to property that you rent, lease, or for which you are legally liable. (Coverage is provided for up to $50,000, but this can be increased.) This information is intended to be reviewed by the representatives for the entity and no other parties. Review by persons other than the entity's representatives is prohibited. Likewise, dissemination or copying of this document or the information contained herein to persons other than the entity's representative is also prohibited. Wells Fargo Insurance Services ford tatum INSURANCE AGENCY Premises Medical Payments - provides payment for all reasonable and necessary medical expenses incurred by members of the public as a result of accidents occurring on your property or as a result of your operations, subject to policy limits. Broad Form Property Damage - broadens your Property Damage liability coverage if you have an installation or servicing exposure, and includes completed operations. Additional Persons Insured - extends your liability insurance to cover all employees as additional insureds while acting within the scope of their duties. Incidental Medical Malpractice - covers your liability (if you are not engaged in the health care business) for acts or omissions of an individual rendering medical service on your business premises. Host Liquor Law Liability - covers you (if you are not engaged in the liquor business) for liability as a result of serving alcoholic beverages at a function incidental to your primary business. Non -Owned Watercraft Liability - provides coverage if you rent or lease watercraft under 26 feet in length or if your employees use their own watercraft on your behalf. (Applies only if there is no other coverage available.) Limited Worldwide Coverage - insures your activities while temporarily outside the U.S. and Canada. (Coverage for worldwide Products and Completed Operations can be added.) Extended Bodily Injury - covers your liability for Bodily Injury resulting from an intentional act, committed by you or at your direction, using reasonable force, to protect persons or property. Newly -Acquired Organizations - extends coverage automatically for up to 90 days for any newly -acquired or farmed organization which you own or in which you have a majority interest except with regard to partnerships or joint ventures, Together 'llg• far ��Ir Wells Fargo Insurance Services EXPLANATION OF LIMITS & APPLICATION OF AGGREGATE A. General Aggregate Limit Applies to all Bodily Injury and Property Damage (other than products/ completed ops.), personal injury, and advertising injury. B. Products/Completed Operations Aggregate Applies to all Bodily Injury and Property Damage included in products/ completed ops. coverage. C. Personal and Advertising Injury Applies to all claims by one person or organization. D. Each Occurrence Limit Applies to all bodily injury and property damage incurred in one occurrence. E. Fire Damage Limit A sublimit (subject to occurrence limit) for all damage arising out of one fire. F. Medical Expense Limit A per person sublimit (subject to occurrence limit) for all medical expenses in one accident. G. Limits Apply Separately To Each Annual Period Premises/Operations BI & PD Fire Damage Per Legal Liability Occurrence (Per Fire) Limit Personal & Advertising Medical Payments (Per Person or (Per Person) Organization) General Aggregate Products/Com- Per Products/Com- pleted Operations Occurrence pleted Operations BI & PD Limit Aggregate Together we'll go far Wells Fargo Insurance Services AUTOMOBILE LIABILITY Insurance Company OneBeacon Insurance A XIII - Admitted Effective Date: 10-01-11 to 10-01-12 COVERAGE Limits of Insurance: $ 1,000,000 Automobile Liability $ 500,000 Self Insured Retention - Each Accident $ Covered Hired & Non -Owned Auto Liability $ 5,000 Medical Payments $ 1,000,000 Uninsured/ Underinsured Motorist Features & Benefits Broad "Who is an Insured" provision: • Government Entity • Elected or appointed officials • Employees • Volunteer Workers • Persons or organizations with whom there is a written agreement • Any permitted user • Owner of commandeered auto Notice of Occurrence provision: for officers, legal departments or designated employee in event of accident, claim, suit or loss Broadened Bodily Injury — provision that includes mental anguish Expected or Intentional Bodily Injury and Property damage — caused by a covered auto and the use of reasonable force in order to protect people or property Fellow Employee Exclusion — automatically deleted Supplementary Payments Broadened — cost of bail bonds is $3,500; expenses incurred is $500 per day. Police Pursuit coverage is included This information is intended to be reviewed by the representatives for the entity and no other parties. Review by persons other than the entity's representatives is prohibited. likewise, dissemination or copying of this document or the information contained herein to persons other than the entity's representative is also prohibited. Wells Fargo Insurance Services AUTOMOBILE Bodily Injury and Property Damage Liability - protects the insured against loss if held legally liable for bodily injury to others or for damage to property of others caused by an accident and arising out of the ownership, maintenance, or use, including loading and unloading of an automobile. Non -Owned and hired Automobiles - Auto Non -Ownership Insurance covers the liability of the named insured for losses arising from the operation of automobiles not owned or hired by the named insured. Hired Automobile Insurance covers the liability of the named insured for losses arising from the use of a hired automobile. A hired automobile is one used under contract on behalf of or loaned to the named insured. Owned Automobiles - protection for claims because of Bodily Injury or Property Damage arising out of the ownership, maintenance, or use of an automobile by the insured. AUTOMOBILE PHYSICAL DAMAGE: This provides coverage for loss resulting from damage to owned or long-term leased vehicles subject to certain deductibles. Comprehensive Coverage - "All Risk" coverage subject to standard conditions and exclusions contained in the policy such as but not limited to collision coverage and including glass breakage. Collision Coverage - Damage from collision with another object subject to specified deductible. Specified Causes of Loss - an alternative to Comprehensive coverage and is attached predominately to commercial vehicles. Fire, Theft, Explosion, Riot, Civil Commotion, or the forced landing or falling of any Aircraft or its parts, Flood, Rising Waters, Malicious Mischief and 'Vandalism, External Discharge or Leakage of Water except loss resulting from rain, snow, or sleet whether wind driven or not, can be provided on a Specified Causes of Loss Basis. This information is intended to be reviewed by the representatives for the entity and no other parties. Review by persons other than the entity's representatives is prohibited. Likewise, dissemination or copying of this document or the information contained herein to persons other than the entity's representative is also prohibited. Resolution No. 2011—RO365 Wells Fargo Insurance Services LAW ENFORCEMENT LIABILITY Insurance Company OneBeacon Insurance A XIII - Admitted Effective Date: 10-01-11 to 10-01-12 OVERAGE Limits of Insurance: $ 1,000,000 Each Law Enforcement Wrongful Act $ 1,000,000 Aggregate $ 500,000 Self Insured Retention Features & Benefits Broad "Who is an Insured" provision Government entity • Current or previously elected or appointed officials + As designated in mutual aid agreements • Employees • Volunteer workers • Owners of commandeered equipment Broad definition of law enforcement wrongful act: Any actual or alleged act, error, misstatement, misleading statement, omission, neglect or breach of duty by an insured arising from a law enforcement activity. Limited Criminal Acts Exclusion — requires a judgment or final adjudication Employee to Third Party Harassment Coverage Sanctioned Off -Duty Coverage Coverage for prosecuting attorneys and staff , other than public defenders or criminal defense attorneys Judicial Operations Coverage — includes premises of law enforcement operations Coverage for Bodily Injury, Property Damage, Personal Injury, Metal Anguish, Emotional Distress or Humiliation. Owned Watercraft -100 horsepower or less Other: • Defense costs in addition to policy limits and inside retention • Punitive damages covered, if allowed by law • Canine or equine exposure coverage available • Reimbursement up to $1,000 per day for loss of earnings to assist in trial and investigation of claims. This information is intended to be rn iewed by the representatives for the entity and no other parties. Review by persons other than the entity's representatives is prohibited. Likewise, dissemination or copying of this document or the information contained herein to persons other than the entity's representative is also prohibited. Resolution No. 2011—RO365 Wells Fargo Insurance Services PUBLIC OFFICIALS ERRORS & OMISSIONS Insurance Company OneBeacon Insurance A XIII - Admitted Effective Date: 10-01-11 to 10-01-12 COVERAGE Limits of Insurance: $ 1,000,000 Public Officials Errors & Omissions $ 1,000,000 Aggregate $ 500,000 Self Insured Retention 09-10-99 Retro Date $ 1,000,000 Public Officials Employment Practices $ 1,000,000 Aggregate $ 500,000 Self Insured Retention 09-10-99 Retro Date $ 1,000,000 Public Officials Employee Benefits $ 1,000,000 Aggregate $ 500,000 Self Insured Retention 09-10-99 Retro Date Features & Benefits Broad "Who is an Insured" provision • Government entity • Current or previously elected or appointed officials • Any authorities, boards, commission, councils, districts or other governmental units of the named insured and their employees, if controlled, funded and operated as part of the total operating budget • Employees • Volunteer workers • Person or organization providing services under mutual aid or similar agreements. This information is intended to be reviewed by the representatives for the entity and no other parties. Review by persons other than the entity's representatives is prohibited. Likewise, dissemination or copying of this document or the information contained herein to persons other than the entity's representative is also prohibited. Wells Fargo Insurance Services Reimbursement up to $1,000 per day for loss of earnings to assist in trail and investigation of claims. Liability for Wrongful Acts Extensions: • Employee to third party harassment coverage • Privacy regulation violations • Network security violations Liability for Employment Practices Offenses Extensions: • EEOC Defense • Third party to employee harassment coverage • Front pay and back pay Other: • Defense cost in addition to policy limits and inside retention • Pay on behalf of an duty to defend basis • Punitive damages covered, if allowed by law • No exclusions for architects, attorneys or engineers No Exclusion For Airport Board EXCESS LIABILI'T'Y Insurance ComganX OneBeacon Insurance A XIII - Admitted Effective Date: 10-01-11 to 10-01-12 COVERAGE Limits of Insurance: $ 18,000,000 Aggregate Limit $ 9,000,000 Each Claim Excess of Underlying Insurance This information is intended to be reviewed by the representatives for the entity and no other parties. Review by persons other than the entity's representatives is prohibited. Likewise, dissemination or copying of this document or the information contained herein to persons other than the entity's representative is also prohibited.