HomeMy WebLinkAboutResolution - 2005-R0101 - Proof Of Loss_ Continental Casualty Insurance Co. For Screw Pump - 03_04_2005Resolution No. 2005-ROIOI
March 4, 2005
Item 31
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, a Proof of Loss, between the
City of Lubbock and Continental Casualty Insurance Co., necessary, as per the subject
insurance policy, for payment for loss incurred as a result of accident/failure to screw
pump. Said Proof of Loss is attached hereto and incorporated in this Resolution as if
fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 4th day of larch 2005.
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Leisa Hutcheson, Risk Manager
APPROVED AS TO FORM:
Richard K. Casner, First Assi tant City Attorney
as/ccdocs/Proofof ,ossRes.
February 24, 2005
Resolution No. 2005-RO101
CI
PROOF OF LOSS
AMOUNT OF POLICY $ 50,000,000.00 CLAIM NUMBER 64DO0733
POLICY NUMBER: BM1098450164
ISSUED EXPIRES AGENCY LOCATION PALMER & CAY
10/01 /03 1 10/01/04
CONTINENTAL CASUALTY INSURANCE CO.
BY YOUR POLICY OF INSURANCE ABOVE DESCRIBED, YOU INSURED
CITY OF LUBBOCK
ACCORDING TO THE TERMS AND CONDITIONS CONTAINED THEREIN
AGAINST LOSS FROM:- ACCIDENT/FAILURE TO SCREW PUMP
TO THE FOLLOWING DESCRIBED PROPERTY: 84" EPIC SCREW PUMP AT THE SE WWTP IN LUBBOCK, TX
ON THE 14 DAY OF FEB 20 04 AT ABOUT THE HOUR OF A LOSS WAS SUSTAINED WHICH UPON
THE BEST OF MY/OUR KNOWLEDGE AND BELIEF, WAS CAUSED BY: ACCIDENT / FAILURE
THE WHOLE AMOUNT OF INSURANCE (WHETHER VALID OR NOT), COVERING ANY OF THE SAID
PROPERTY, AT THE TIME OF THE LOSS, INCLUDING THE ABOVE, AND ALL OTHER POLICIES, BINDERS OR
AGREEMENTS TO INSURE, WAS THE SUM OF:
THE ACTUAL CASH VALUE OF SAID PROPERTY, AT THE TIME OF THE LOSS, WAS THE SUM OF:
THE WHOLE AMOUNT OF SAID LOSS AND DAMAGE TO SAID PROPERTY, ALL AS MORE PARTICULARLY SET
FORTH IN THE STATEMENT OF LOSS" ATTACHED HERETO AND MADE A PART HEREOF, WAS THE SUM OF:
LESS POLICY DEDUCTIBLE:
LESS SALVAGE RETAINED BY INSUREDIOR INSURED
UWE HEREBY CLAIM OF THIS COMPANY, UNDER THE POLICY DESCRIBED HEREIN, THE SUM OF:
50,000,000.00
$ AGREED
$ 167,000.00
$ 25,000.00
$ 0
$ 142,000.00
THE INVOLVED PROPERTY WAS, AT THE TIME OF THE LOSS, LOCATED AT SE WWTP IN LUBBOCK, TEXAS
IN THE CUSTODY OF, INSURED AND BELONGS TO, INSURED
NO OTHER PERSON OR PERSONS HAD ANY INTEREST THEREIN; NO ASSIGNMENT OR TRANSFER OR ENCUMBRANCE OF SAID
PROPERTY HAD BEEN MADE; AND NO CHANGE IN THE TITLE, USE, OR POSSESSION OF SAID PROPERTY HAS OCCURRED SINCE THE
ISSUANCE OF SAID POLICY EXCEPT:
NONE
THE SAID LOSS WAS NOT CAUSED BY DESIGN OR PROCUREMENT ON MYIOUR PART; NOTHING HAS BEEN DONE BY OR WITH MYIOUR PRIVITY OR
CONSENT, TO VIOLATE THE CONDITIONS OF THE POLICY, OR RENDER IT VOID; NO ARTICLES ARE MENTIONED HEREIN OR IN ANNEXED SCHEDULES BUT
SUCH AS WERE INVOLVED IN THE LOSS AND INSURED UNDER THIS POLICY; NO PROPERTY SAVED HAS BEEN IN ANY MANNER CONCEALED, AND NO
ATTEMPT TO DECEIVE THE SAID INSURERS AS TO THE EXTENT OF THE SAID LOSS, HAS IN ANY MANNER BEEN MADE.
IN CONSIDERATION OF THE PAYMENT TO BE MADE HEREUNDER, UWE HEREBY SUBROGATE TO SAID INSURERS, ALL MY/OUR RIGHT, TITLE, AND
INTEREST IN AND TO THE PAYMENT FOR THE PROPERTY FOR WHICH CLAIM IS BEING MADE HEREUNDER, AND AGREE TO IMMEDIATELY NOTIFY SAID
INSURERS, OF ANY SUCH RECOVERY WHICH MAY BE MADE, OR REIMBURSE SAID INSURERS IN FULL TO THE EXTENT OF THE PAYMENT FOR THE LOSS TO
SUCH PROPERTY AND SUBSEQUENT PAYMENT AS PROVIDED HEREIN, WHICH MAY BE RECOVERED.
ANY OTHER INFORMATION THAT MAY BE REQUIRED WILL BE FURNISHED ON CALL, AND CONSIDERED A PART OF THIS PROOF.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE FURNISHING OF THIS BLANK TO THE ASSURED OR THE PREPARING OF PROOFS BY AN
ADJUSTER, OR ANY AGENT OF THE INSURERS NAMED HEREIN IS NOT A NWAIVER OF ANY RIGHTS OF SAID INSURERS.
(INSURED) CITY OF LUBBOCK
BY W
Marc cDou 1
TITLE Ma or, CiN Of Lubbock
Attest:
Rebec a Garza, City Secretary
Approved a o content:
Leisa Hutcheson, Risk Manager
Approved as to form:
Richard Casner, First Assistant Attorney