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HomeMy WebLinkAboutResolution - 2000-R0164 - Contract - UIAWF - Airport General Liability Insurance - 06_08_2000Resolution No. 2000-R 0164 June 8, 2000 Item No. 25 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 contract for airport general liability insurance, by and between the City of Lubbock and Upshaw Insurance Agency/Westchester Fire of Amarillo, Texas, and related documents. Said contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th ATTEST: City Secretary APPROVED AS TO CONTENT: Victor KilmaA, Purchasing Manager APPROVED AS TO FORM: �. .- A /74� William de Haas Competition and Contracts Manager/Attorney gs:ccdocs/Upshaw Insur Agency/Westchester Fire.res May 30, 2000 day . 111 rw'&'j�. jj/��( Resolution No. 2000—RO164 June 8, 2000 Item No. 25 AIRPORT LIABILITY AGREEMENT THIS AGREEMENT entered into this 29`h day of June, 2000 by and between the CITY OF LUBBOCK, a Homerule Municipal Corporation (hereinafter called "City") and UPSHAW INSURANCE AGENCY, INC., a registered agent/broker in the State of Texas, (hereinafter called "Agency"). RECITALS WHEREAS, The City desires to purchase coverage for Airport Liability Insurance; and WHEREAS, the Agency is qualified and has demonstrated that it can provide said coverage; and WHEREAS, the City and the Agency desire to enter into an Agreement to provide said services. NOW THEREFORE, the parties agree as follows: 1. The parties agree to abide by the terms and conditions of the Airport Liability Insurance policy and all it's amendments and endorsements, which are attached hereto as Exhibit "A" which is incorporated as if fully set forth herein. 2. This agreement is for a term of one (1) year from the effective date and may be negotiated and renewed annually for two (2) additional one (1) year terms at the mutual agreement of both parties. 3. Notices or communications from the City to the Agency shall be addressed to the Agency and shall be deemed to be duly given or served, if the same shall be sent by United States mail, certified receipt requested, to the address shown below: Upshaw Insurance Agency, Inc. P. O. Box 1299 Amarillo, Texas 79105-1299 Notices or communications from the Agency to the City shall be addressed to the City and shall be deemed to be duly given or served if the same shall be sent by United States mail, certified return receipt requested, to the address shown below: City of Lubbock P. O. Box 2000 Lubbock, Texas 79457 Airport Liability Agreement, City of Lubbock & Upshaw Insurance Agency, Inc. Page 1 Notices and communications described in this paragraph that are sent by United States mail will be deemed to be duly given or served on the third business day following the date the notice is mailed. 4. THIS CONTRACT SHALL BE CONSTRUED AND ENFORCED ACCORDING TO THE LAWS OF THE STATE OF TEXAS. VENUE SHALL BE LUBBOCK COUNTY, TEXAS. 5. The City may terminate the services of the Agency at any time by giving the Agency sixty (60) days written notice. The Agency may terminate in accordance with the contract and the laws of the State of Texas by giving sixty (60) days written notice. The Agency after contract termination shall complete the processing of all services described in the Agreement, which have commenced prior to the effective date of the termination of this agreement. SIGNED THIS DAY, the Ist of du4-4— , 2000. CITY OF LUBBOCK ATTEST: kaytViVDamell City retary APPROVED AS TO CONTENT: Mary AndiAms Managing Director Human Resources APPROVED AS TO FORM: d� �► GCS.. /F4, William de Haas Competition and Contracts Manager UPSHAW INSURANCE AGENCY, INC. 11•1ri13 Robert B. Bentley, Pr dent Airport Liability Agreement, City of Lubbock & Upshaw Insurance Agency, Inc. Page 2 Resolution No. 2000-RO164 PROPOSAL FORM �..( .. ... It PROPOSAL FOR INSURANCE ON CITY OF LUBBOCK AIRPORT 1. Agency or Firm Name Upshaw Insurance Agency, Inc. The City desires to consider Comprehensive General Liability Coverage for the Lubbock International Airport with limits of $50,000and $100,000,000 and a per occurrence deduction of $25,000. The contract will be effective for a period'of one year with the option to renew for two additional years limited to a 3% of less annual increase in premium. In addition, alternate quotes are requested for the following:. $50,000,000 with $50,000 deductible _ $100,000,000 with $50,000 deductible Westchester Fire Westchester Fire Best Coverage Rating Amount AX 50,000,000 AX 100,000,000 TOTAL PREMIUM AMOUNT Annual Annual Term In Premium Premium Months Amount Amount 12 31,200 319nn 12 44,200 44,200 F. Provisions regarding premium payment. By signing below, I acknowledge that I have completely read and understood these specifications. Further, I acknowledge that any variations from these specifications, which are Included in this proposal, are so designated. Failure to designate any variation may eliminate my proposal from consideration. NAME OF AGENCY rtn�ra- Tnet�r�nr.e�e C t t NAME OF AG T Robert B. Bentley _ SIGNATURE OF AGENT Resolution No. 2000-R 0164 Insurer. Westchester Fire Insurance Company Named Insured: City of Lubbock and Lubbock International Airport PO Box 2000 Lubbock, TX 79457 Airport: Lubbock International Airport Lubbock, TX Named Insured is: A "Public Corporation" as defined under Section III —Who is an Insured Limits of Products -Completed Operations Aggregate Limit $ 50,000,000 Liability Personal Injury and Advertising Injury Aggregate Limit $ 50,000,000 Malpractice Aggregate Limit $ 50,000,000 Each Occurrence Limit $ 50,000,000 Fire Damage Limit Any One Fire $ 100,000 Medical Expense Limit Any One Person $ 5,000 Hangarkeepers Limit Any One Occurrence $ 50,000,000 Hangarkeepers Limit Any One Aircraft $ 50,000,000 Non -Owned Aircraft Liability Limit Any One Occurrence $ 50,000,000 Deductible: NIL Conditions: Policy Form: AP201/2 which includes, inter alia, the following exclusionary clauses: Ware, Hi jacking and other perils exclusion clause; Noise, pollution and other perils exclusion clause. The policy is also subject to the following: 30 day notice of cancellation, non -renewal or reduction in coverage by Insurer, but 10 days notice of non-payment of premium. This provision does not override the Automatic Termination, review or cancellation of Endorsements AP203 or AP237 Premium: $31,200 4 Insurer. Westchester Fire Insurance Company Named Insured: City of Lubbock and Lubbock International Airport PO Box 2000 Lubbock, TX 79457 Airport: Lubbock International Airport Lubbock, TX Named Insured is: A °Public Corporation" as defined under Section III —Who is an Insured Limits of Products -Completed Operations Aggregate Limit $100,000,000 Liability Personal Injury and Advertising Injury Aggregate Limit $ 50,000,000 Malpractice Aggregate Limit $100,000,000 Each Occurrence Limit $100,000,000 Fire Damage Limit Any One Fire $ 100,000 Medical Expense Limit Any One Person $ 5,000 Hangarkeepers Limit Any One Occurrence $100,000,000 Hangarkeepers Limit Any One Aircraft $100,000,000 Non -Owned Aircraft Liability Limit Any One Occurrence $100,000,000 Deductible: NIL Conditions: Policy Form: AP20112 which includes, inter alia, the following exclusionary clauses: Ware, Hi jacking and other perils exclusion clause; Noise, pollution and other perils exclusion clause. The policy is also subject to the following: 30 day notice of cancellation, non -renewal or reduction in coverage by Insurer, but 10 days notice of non-payment of premium. This provision does not override the Automatic Termination, review or cancellation of Endorsements AP203 or AP237 Premium: $44,200 ACE UBA AntPORT OAS AND OP'ER&TORS GI AL LIABII.ITYINSURANCE Piet- WESTC MTFR F= ViSURANCE COMPANY, policy AP201/S Coverna PravhW: Airpaat Liability covenrge is provided as ate om mania basis for Bodily Nwy read Prqpxiy AamaW daipa arising am of ainvn opgradew. psi = ind, the tm and seem ipattedm dy u4aunng *9 &irp= Covet ge is iod Aad far moWc egaip=m wannvft slid awes as airport premises and is acmraded to a= s oWe aga4 m m Otbe airport Adddati ft Coverage . for and wataraad} mule sort as ft airport if taspaadtS io ad avisuon icy- I.' fy aovarA&M iuclirder the MovA g as pan of *a basic pragt= Ptodu=-Cotapletad Opa2i= Indepeaudaat CQAmeCUn (Not WAUded) BTaasl Written Camracatal - Tor[ Inability Persmal atad AdvatsiM 14MY Luba W Hangark*gw'z Liability► (axdudMg in-& ) laddansal MM&W MalFMctica Cote gam Liquor Liability Carte Custody wA Con=W of Aircraft Zad Vehicles Goods, Merchandise and Baspse other than as bailee for hum Nan-Owste+d Aircraft Liability Passeum besQi u3ion EnVlcyees as Named Irsrrads Fire Damage 1 iabfty - I jna SSOXO ow ors fire tames bigber wrom is purdwdd Extended CovWAM - War. hi3ijUIbg Od Other Perris I. aft Pmvi&d: The polky ptevidm limits up to $5 OW,000 oat an oee =a m bas* sken to rtggn gate limits far Pro&=- Campieted Operadm Liability, Wpracuo; Perswd Tgwy and Adva u=g Tq=y. Dediscp'We Prograrna:. — Tba pragr=for each carport any rwtmauy cautain = aruaurl aw ata deductible applicaur to all ckims- Mais deductible hndudes all lass wd dafausa stases. Claims ==d whit n tba dadi=ble is uM *ereagaas b&y of the lam= The a== of for may for cub hAviduai aitpon based on size and prier Iraq w9mviWAO, Verb= alternative desk progrmm e® be omsidsred m man = is Adual sivatt's IlBeds- Tour, Premium amd Fen: All pansies shall be issued for a area year term subjeat to at anmaal prarmuaa. The praaiwn applic*ic to ea& airpon wM be individually Wined based an each wpoWt, exposure and lass cgxd = IND Insurer: Coverages am provided by ACE USA tluaugh oar owned w i*q coirpany war Fu" UM rarim Conq) wy that camas a Standard & Poor's satin$ of An as A-M, Seat ram of A IX and is Admiteed in aal SO Stares. fhe Dratted of Cclutwbin and PcrMO Rica Resolution No. 2000—RO164 This Endorsement effeCdvs forms part of Policy Number Issued to By WestchesW Fire insumnco Company TEXAS CHANCES - CANCELLATION AND NONRSNEWAL A The company may cancel this Policy at any time during the Policy term by mailing w Iften notice of can- cellation to the first Named Insured at true address shown on the Policy Declarations not less tharti ten (la) days before the effective date of cancellation for any one of the following reasons: i. Insured tins tailed to pay a premium due under the terms of the Pofty, 2. Insured has made a material and willful misstaternant, or oMisslon of fact to the Company or the Cam. pany's ornproyeoa, agonts or lycoMM in oonneation vrtth any application to or dairn against that Com- pany.. i. On an humase in hazard wtWn the control of the Insured which would produce an Increase in rate; 4. Loss of tree Company% fekM ranee oavering all or part of the ristc covered by the Policy; or 5. on um Company being ptar W In supervision, conservatorship, or receivership, If the Cancellation or non-renewai is approved or directed by the supervisor. conservator or receiver. la. Ejept as provided in Section A. above, the Company may not cancel either of the following: I. A Polley of liability insurance that is a renewal or continuation policy; or L A Policy of liability insurance that is In Ire Initial policy pMga sMyy (" days after the tffacxre date of the Policy. C. The Company may elect not to renew tilts Policy by mailing wIfltan notice of non -renewal to the first Named insured at the address shown on the Policy Declarations not taterthan sUdy (60) days before the PoPq expiration dal=. N written notice is mailed later than as sixty (W) gays befbm the Policy exoration date, the covet�e shall lemain in t�tisat untii MID Oay-first (81%) day after tno date an wfdch that wn ten notice was maned. Earned premium for env Wad of eaveraga that Wend& beyond the expiration date of the Policy sun to compuf a pro rata based an the previous year's rate. P. The Company may not Cancel or refuse to renew the Ptihoy based solely on the fact that the Imred is an elected official. Endarsemeni No. W"M ev •o VA" ar WM-MM. 9waoesc"4% Mg, %W d PWMWFWL Q ---- •-- --- OPPA 11�5 n "&CMw..mc I" Page 1 of i This Endorsement effective form part of Policy Number issued to By Vltestchastnr Fite insurance Company TEXAS CHANGES - DUTIES Resolution No. 2000—RO164 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following Is added to trie;:=05 Condition. We will naft the first NwnaO insured In writing of. 1. An initial offer to compromise or settle a clah made WWII! hrotgta against any Insured under this coverage. The notice Wit be gWn not later than the Ina' day after the data an which the aft is mage. 2. Any settlement of a datm made or'sair drought against the Insured under this coverage. The notice will W given not laterman the SMP 4ay after me data of the settiemarrt. Endorsentient mo. Y mvagM•a w Mw�a sMaorc amoR nc,.ra�.s Inc tgwaxs s.�..o�nA e„e ,eas Page t of 1 goal TX 112.05j Resolution No. 2000—R 0164 ' This Endorsement etfectVe forms part of Policy Number Issued to By 1Nestchesw Rra Msurance Company TEXAS CHANGES CONDITIONS REQUIRING NOTICE THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. Vli'dtt ragard to Bodily) injury and Property Damage I.labilky, unless we are prejudiced by Vim insumd's "your failure to comply with the requirement, any provision of this Coverage Pact requiring you or any Insured to give notice of "orreerrencV. claim or "suit", or forward darnanets, nalicm summonses or legal papers In connection with a daim or "suit" wW not bar covarage under this Coverage Par. Endorsement No. WgW". E0F,1%roa mk*WW W rw.roo CWWW. tOUR. rm.. WM W PWrA A& owvm rw+w" aww. am= rrc Teem Page 1 Of 1 9008-TX (12-68) Resolution No. 2000—R 0164 � lY ace usa AIRPORT OWNERS AND OPERATORS GENERAL UABILITY POLICY WESTCHESTER FIRE INSURANCE COMPANY NEW YORK. NY (Wan as Admit ztmT,w Offices Locvw in Awntu. GA) IN WITNESS WHEREOF. Westchester Fire Insurance Company has caused this policy to be executed and attested This policy is a valid contract when countersigned ay an authonzed representative (where required t)y low). ?,, ,AQ k T . ��& Richard T. Gieryn, Jr. Secretary - AP200 (11-98) Dennis B. Reding CEO and President Resolution No. 2000-R 0164 AIRPORT OWNERS AND OPERATORS LIABILITY POLICY INDEX Please Read Your Policy . .... . . . .. ... SECTION I - COVERAGES .......... ..... ... .. .. .. .... ..... . 2 COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY ...... . .. 2 Insuring Agreement... ........... ....... . .............. .......... 2 Exclusions...... ... ... ................ ... .................... 2 COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY .............. 6 Insuring Agreement........... . . . ............................... 6 Exclusions .... . .. ................ . .. ................... 7 COVERAGE C. MEDICAL PAYMENTS ............... . ...... ............ 7 Insuring Agreement . ........... . .... .................. .. ..... 7 Exclusions.... . .................. . ..... .................... 7 COVERAGE D. HANGARKEEPERS LIABILITY ........ ..... .............. . 8 Insuring Agreement .... .................... . ... .................. 8 Exclusions. ...... .. ... ... .... ...................... 8 COVERAGE E. NON -OWNED AIRCRAFT LIABILITY .. ...... .. ........... ... 8 Insuring Agreement..... ................ ...... ............... ... 8 Exclusions. .......... .. .... . . ... ......... 9 SUPPLEMENTARY PAYMENTS - COVERAGES A. B. D AND E ........... ......_ 10 SECTION II - COMMON COVERAGE EXCLUSIONS ......................... .. .. 11 SECTION III - WHO IS AN INSURED ........... . .. . ................... .. 12 SECTION IV - t.IMITS OF INSURANCE AND DEDUCTIBLES . . .................... 14 SECTION V - CONDITIONS . ................... .... ... .................. 15 SECTION VI - DEFINITIONS . .................. .... . ...................... 19 AP 202 (11-98) Page 1 of 23 Resolution No. 2000—RO164 AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY POLICY PROVISIONS Various provisions in this policy restrict coverage Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named insured shown in the Declarations, and any other person or organiration qualifying as a Named Insured under this policy. The words "we" "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION HI). Other words and phrases mat appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION VI). SECTION l - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement. a. We will pay those sums that the Insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will (lave the right and duty to defend any 'suit' seeking those damages. We may at our discretion investigate any "occurrence" and settle any claim or "suit' that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION IV); and (2) Our duty to defend ends when we have used up the applicable LIMITS OF INSURANCE in the payment of judgments or settlements under Coverage A. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A. B. D AND E. b. This insurance applies to "bodily injury" and "property damage" only if. (1) The "bodily injury" or "properly damage is caused by an "occurrence" that takes place in the "coverage territory": and (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) The "bodily injury" or "property damage" arises out of your "airport operations". C. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions. This insurance does not apply to: a. Expected or Intended Injury AP 202 (1 1-98) Page 2 of 23 "Bodily injury" or "property damage" expected or intended from the standpoint of the insured This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability 'Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an "insured contracr.,provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or (2) That the insured would have in the absence of the contract or agreement. C. Liquor Liability "Bodily injury" or "property damage' for which the insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under me influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. Premises at the "airport which you {ease to others who are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages, will not be treated as your business d. Workers Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employers Liability "Bodily injury" to: (1) An employee of the insured arising out of and in the course of employment by the insured; or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Wnether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an "insured contract". f. Aircraft, Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by, rented, loaned or leased to the insured Use includes operation and "loading or unloading'. AP 202 (11-98) Page 3 of 23 This exclusion does not apply to: (1) An "auto" or watercraft while on Me "airport'; (2) An "auto` or watercraft white not on the "airport' if responding to an aviation emergency; or (3) Liability assumed under any "insured contract" for the ownership, maintenance or use of watercraft. g. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of `mobile equipment" by an "auto" owned or operated by or rented or loaned to the insured; or (9) The use of "mobile equipment' in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. h. Alrineet, Contest or Exhibition "Bodily injury" or "property damage" arising out of: (1) The conduct of any airmeet, contest or exhibition permitted, sponsored or participated in by any insured; or (2) The ownership maintenance or use of grandstands, bleachers or observation platforms. Paragraph (1) of this exclusion does not apply to static displays. Paragraph (2) of this exclusion does not apply to observation decks or promenades that are part of a permanent structure on the "airport". i. Swimming Pools or Lodging Accommodation "Bodily injury" or "property damage" arising out of the ownership, maintenance or use of: (1) Swimming pools; or (2) Lodging accommodation for the general public j. Control Tower "Bodily injury" or "property damage" arising out of the direct operation of a control tower by any insured. k. Damage to Property "Property damage" to: (1) Property you own, rent or occupy; (2) Premises you seal, give away or abandon, if the "property damage" arises out of any part of those premises: (3) Property loaned or leased to you; (4) Personal property, other than "aircraft", in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if tie "property damage" arises out of those operations, (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it; or AP 202 (11-98) Page 4 of 23 (7) "Aircraft" in your care, custody or control or "aircraft" while being serviced, handled or maintained by you. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement Paragraph (4) of this exclusion does not apply to "property damage": (a) to an "auto" or "moblie equipment' when your control is solely traffic control, but this exception does not override Exclusion j. above; (b) to an "auto" while on the 'eirporC; or (c) to baggage or cargo handled by you, provided you are not handling the baggage or cargo as bailee for hire. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". Paragraph (7) of this exclusion does not apply to "property damage' to "aircraft" when your control is solely tratric control, but this exception does not override Exclusion j above_ L Damage to Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage to Your Work 'Property damage" to "your work" arising out of it or any part of it and included in the 'products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage to Impaired Property or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product` or `your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work' after it has been put to its intended use. o. Recall of Products. Work or Impaired Property Damages claimed for any loss. cost or expense incurred by you or others for the loss of use, withdrawal, recall. inspection, repair, replacement, adjustment, removal or disposal of (1) OYour product'; (2) "Your work": or (3) "Impaired property"; AP 202 (11.93) Page 5 of 23 if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Exclusions c. through o. do not apply to damage by fire to premises rented to you. A separate limit of insurance applies, to this coverage as described in LIMITS OF INSURANCE (SECTION IV). COVERAGE B. PERSONAL AND ADVERTISING INJURY UABII.ITY 1. Insuring Agreement - a. We will pay those sums that you become legally obligated to pay as damages because of "Oersonal injury" or "advertising injury' to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages_ We may at our discretion investigate any offense and settle any claim or "suit" that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION IV): and (2) Our duty io defeno ends wnen we nave uses up the applicable LIMITS OF INSURANCE in the payment of judgments or settlements under Coverage B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A, B, 0 AND E. b. This insurance applies to: (1) "Personal injury" caused by an offense excluding advertising, publishing, broadcasting or telecasting done by or for you: (2) "Advertising injury" caused by an offense committed in the course of advertising your goods, products or services; but only if: (a) The offense was committed or eueged to have been committed unintentionally by you or any of your employees while engaged in their employment by you: and (b) The offense was commuted or alleged to have been committed in the "coverage territory" during the policy period and arises out of your "airport operations- 2. Exclusions . This insurance does not apply to: a. "Personal injury" or *advertising injury": (1) Arising out of any oral or written publication of material, if clone by or at the direction of the insured with knowledge of its falsity; (2) Arising out of any oral or written publication of material whose first publication took place before the beginning of the policy period, (3) Anging out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured: (4) For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would nave in the absence of the contract or agreement; or AP 202 (1 1-88) Page 6 of 23 (6) Arising out of the conduct of any airmeet, contest or exhibition permitted, sponsored or participated in by any insured. This exclusion does not apply to static displays. b. "Advertising injury" ansing out of. (1) Breach of contract, other than misappropriation of advertising ideas under an implied contract; (2) The failure of goods, products or services to conform with advertised quality or performance; (3) The wrong description of the price of goods, products or services; or, (4) An offense committed by an insured whose business is advertising, broadcasting, publishing or telecasting. a Ahy offense which was committed or alleged to have been committed in any State which does not recognize a cause of action for that offense based on negligence. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement. a. We will pay medical expenses as descnbed below for "bodily injury" caused by an accident: (1) On your "airporC ; or (2) Because of your "airport operations", provided that: (1) The accident takes place in the mcoverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable LIMITS OF INSURANCE. We•will pay reasonable expenses for. (1) First aid at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions . We will not pay expenses for 'bodily injury". a. To any insured., b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. C. To a person injured on that part of premises you own or rent that the person normally occupies. d. To a person, whether or not an employee of the insured, if benefits for the "bodily injury" are payable. or must be provided under a workers' compensation or disability benefits law or a similar law. AP 202 (11-98) Page 7 of 23 e. To a person injured while taking part in athletics. f. Included within the "products -completed operations hazard". g. Excluded under Coverage A. COVERAGE D. HANGARKEEPERS LIABILITY 1. Insuring Agreement . a. We will pay those sums that the insured becomes legally obligated to pay as damages because of physical Injury to "aircraft" to which this insurance applies. We will have the right and duty to defend any "suit seeking those damages We may at our discretion investigate ariy "occurrence" and settle any claim or "suit" that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION IV); and (2) Our duty to defend ends when we have used up the applicable LIMITS OF INSURANCE in the payment of judgments or settlements under Coverage D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A, B. D AND E. b. This insurance applies to physical injury only it: (1) The "aircraft" is in your care, custody or control or while the "aircraft" is being serviced. handled or repaired by you; and (2) The physical injury to "aircraft" is caused by an "occurrence" that takes place OaL the premises of the "airport"; and (3) The physical injury to "aircraft" occurs during the policy period. C. Damages because of physical injury include damages claimed for all resultant loss of use of such aircraft. — 2. Exclusions . This insurance does not apply to: a. Physical injury to "aircraft" you own. b. Physical injury to "aircraft" you rent, lease or which are on ban to you. C. Physical injury to "aircraft" while "in flight". d. Physical injury to "aircraft" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability that the insured would have in the absence of the contract or agreement_ COVERAGE E. NON -OWNED AIRCRAFT LIABILITY 1. Insuring Agreement . a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have AP 202 (11-98) Page 8 of 23 the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any "occurrence" and settle any claim or "suit" that may result, but: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (SECTION IV); and (2) Our duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage E No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGES A, B, D AND E. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence' that takes place in the "coverage territory"; and (2) The "bodity injury" or "property damage" occurs during the policy period; and (3) The "bodily injury" or "property damage" arises out of your use of any aircraft, or its use on your behalf, provided that (a) The aircraft is not owned by you in whole or in part; (b) The aircraft is not on lease to you, (c) The aircraft is not subject to a lease -purchase agreement to which you are a party; and (d) The aircraft is used in connection with your "airport operations". C. Damages because of "bodily injury' include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury'. 2. Exclusions . This insurance does not apply to: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. "Bodily injury" or "property damage" for which the insurers is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) Assumed in a contract or agreement that is an 'insured contract' provided the 'bodily injury' or "property damage" occurs subsequent to the execution of the contract or agreement; or (2) That the insured would have in the absence of the contract or agreement. C. "Property damage" to the aircraft. d. Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. "Bodily injury" to' (1) An employee of the insured arising out of and in the course of employment by the insured; or AP 202 (11-98) Page 9 of 23 (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an "insured contract". f. 'Bodily injury" or `property damage" included in the "products -completed dperations' hazard g. "Bodily injury' or "property damage" arising out of your use of any aircraft or its use on your behalf, if the aircraft is operated "in flight" by a pilot who is not properly certificated and rated by the F.A.A. for the flight involved. This exclusion does not apply if the aircraft so operated is without your knowledge or consent. h. "Property damage" to. (1) Property you own, rent or occupy; (2) Property loaned or leased to you; (3) Personal property in the care, custody or control of the insured. SUPPLEMENTARY PAYMENTS - COVERAGES A, S. D AND E We will pay, with respect to any claim or "sulr we defend. I. All expenses we incur 2. Up to $250 for cost of pail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury liability Coverage applies. We do -not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable LIMITS OF INSURANCE (SECTION IV). We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suir. Including actual loss of earnings up to $100 a day because of time off from work. 5. All costs taxed against the insured in the "suit". B. Prejudgment interest awarded against the insured on that part of the judgment we pay. if we make an offer to pay the applicable LIMITS OF INSURANCE, we will not pay any prejudgment interest based on that period of time after the offer. 7. Ail interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable LIMITS OF INSURANCE. These payments will not reduce the LIMITS OF INSURANCE. AP 202 (11-98) Page 10 of 23 SECTION 11 - COMMON COVERAGE EXCLUSIONS All Coverages included in this policy are subject to the following exclusions. A_ Noise and pollution and other perils. 1. This policy does not cover claims directly or indirectly occasioned by, happening through or in consequence of: (a) noise (whether audible to the human eat or not), vibration, sonic boom and any phenomena associated therewith, (b) pollution and contamination of any kind whatsoever, (c) electrical and electromagnetic interference, (!!) interference with the use of property; unless caused by or resuf ing in a crash fire explosion or collision or a recorded in-flight emergency causing abnormal aircraft operation. 2. With respect to any provision in the policy concerning our duty to investigate or defend claims, such provision shall not apply and we shall not be required to defend_ (a) claims excluded by Paragraph 1; or (b) a claim or claims covered by the policy when combined with any claims excluded by Paragraph 1 (referred to below as "Combined Claims"). 3 In respect of any Combined Claims, we shall (subject to proof of loss and the LIMITS OF INSURANCE) reimburse you for that portion of the following items which may be allocated to the claims covered by the policy: (1) damages awarded against any insured, and (Ii) defense fees and expenses incurred by any insured. 4. Nothing herein shall override any radioactive contamination or other exclusion clause attached to or forming part of this policy. B. War, hit jacking and other perils. This policy does not cover claims caused by (a) War, Invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power. (b) Any hostile detonation of any weapon of war employing atomic or nuclear fission andlor fusion or other like reaction or radioactive force or matter. (c) Strikes, riots, civil commobons or labor disturbances. (d) Any act of one or more persons, whether or not agents of a sovereign Power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional. (e) Any malicious act or act of sabotage. M Confiscation, nationalization, seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any Goverment (whether civil military or de facto) or public or local authority. AP 202 (11-98) Page 11 of 23 (g) Hi -jacking or any unlawful seizure or wrongful exercise of control of the aircraft or crew in flight (including any attempt at such seizure or control) made by any person or persons on board the aircraft acting without the consent of the Insured. Furthermore this policy does not cover claims arising while the aircraft is outside the control of the insured by reason at any of the above pants. The aircraft shalt be deemed to have been restored to the control of the insured on the safe return of the aircraft to the insured at an airfield not excluded by the "coverage territory" of this policy, and entirely suitable for the operation of the aircraft (such safe return shall requite that the aircraft be parked with engines shut down and under no duress). C. Radioactive Contamination. 1. This policy does not cover: (a) loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom (p) any legal liability of whatsoever mature directly or indirectly caused or contributed to by or arising from ionizing radiations or contamination by radioactivity from any source whatsoever. 2. Lass. destruction, damage. expense or legal liability which, but for the provisions of paragraph 1. of this exclusion, would be covered by this policy, and is directly or indirectly caused or contributed to by or arises from ionizing radiations or contamination by radioactivity from any radioactive materials in course of carriage as cargo under International Air Transport Association Regulations, shall (subject to ail other provisions of this policy) be covered, provided that: a. it shall be a condition precedent to our liability that the carriage of any radioactive material shall in all respects comply with the current regulations issueq by the International Au Transport Association relating to the carriage of restricted articles by air, b. this policy shall only apply to any claim made against the insured arising out of any accident or incident occurring during the period of this insurance and any such claim made by the insured against us or by any claimant against the insured shall have been made within three years after the date of the occurrence giving rise to the claim: C. the cover afforded by this paragraph 2. may be cancelled at any time by us giving seven days notice of cancellation. SECTION III - WHO IS AN INSURED 1. If you are designated in the Declarations as - a. An individual. you and your spouse are insureds, Out only with respect to your "airport operations' b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to your "airport operations-. AP 202 (11-98) Page 12 of 23 C. A public corporation, you are an insured. Your elective or appointive officers or members of any board or commission or agency of yours are also insureds, but only with respect to your "airport operations". d. An organization other than a partnership, joint venture or public corporation, you are an insured Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also msureds, but only with respect to their liabllity as stockholders. 2. Each of the following is also an insured. a. Your employees, other than your executive officers, but only for acts within the scope of their employment by you with respect to your 0airport operations". b. If Jou are designated in the Declarations as a public corporation, employees of your boards, commissions or agencies, other than executive officers, but only for acts within the scope of their employment by those boards, commissions or agencies with respect to your "airport operations". However, no employee of yours or your boards, commissions or agencies is an insured for. (1) "Bodily injury" or "personal injury' to you or to a co -employee while in the course of his or her employment, or the spouse, child, parent, brother or sister of that co -employee as a consequence of such "bodily injury" or "personal injury", or for any obligation to share damages with or repay someone else who must pay damages because of the injury; or (2) "Bodily injury" or "personal injury" arising out of his or her providing or failing to provide professional health care services: or (3) "Property damage" to property owned or occupied by or rented or loaned to that employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). C. Any person (other than your employee), or any organization, while acting as your -real estate manager. d. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property. and (2) Until your legal representative has been appointed. e. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. 3. With respect to -mobile equipment registered in your name under any motor vehicle registration taw, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -employee of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the change of or occupied by you or the employer of any person who Is an insured under this provision. AP 202 (11-98) Page 13 of 23 (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit' as soon as practicable. C. You and any other involved insured must (1) Immediately send as copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records aM other information; (3) Fully cooperate with us in the investigation, settlement or defense of the claim or "suit`; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to. which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us. No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a `suit' asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue Lis to recover on ;,an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable LIMITS OF INSURANCE (SECTION IV). An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance. if other valid and collectible insurance is available to the insured for a loss we cover under Coverage A, B. D or E of this policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when D. below applies. If this insurance is pnmary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis; (1) That is Fire. Extended Coverage, Builder's Risk, Installation Risk or similar coverage for .your work": (2) That is Frye insurance for premises rented to you; or (3) If the loss arises out of the maintenance or use of "autos" or watercraft to the extent not subject to Exclusion f. of Coverage A (Section I). (4) That is Aircraft Liability insurance on any aircraft to which Coverage E (Section 1) applies. AP 202 (11-98) Page 16 of 23 • - J, When this insurance is excess, we will have no duty under Coverage A, B, D or E to defend any claim or "suit' that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance ,s excess over other insurance, we will pay only our share of the amount of the loss. if any, that exceeds the sum of. (1) The total amount that all such other Insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss. if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the tamits of Insurance shown in the Declarations of this Policy. c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the toss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute oy limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit. a. We will compute all premiums for this policy in accordance with our rules and rates. b. Premium shown -in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, we will return the excess to the first Named Insured. C. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such ,Ames as we may request. 6. Representations. By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us, and C. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds. Except with respect to the LIMITS OF INSURANCE (SECTION IV), and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies separately to each insured against whom claim is made or "suit" is brought. AP 202 (11-98) Page 17 of 23 • `Y 8. Transfer Of Rights Of Recovery Against Others To Us. if the insured has rights to recover all or part of any payment we have made under this Poficy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring 'suit' or transfer those rights to us and help us enforce them. S. Changes. This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and mane a part of this policy. 1o. Examijlation of your books and records. We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. 11. Inspections and surveyS. We have the right but are not obligated to: 1. Make inspections and surreys at any time; 2. Give you reports on the conditions we frna; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1. Are safe or healthful: or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory. rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 12. Premiums and deductibles. The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums and deductibles; and 2. Will be the payee for any return premiums we pay. 13. Transfer of your rights and duties under this policy. Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured as directed below: If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointee, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property AP 202 (11-98) Page 18 of 23 0 v SECTION VI-13EFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, b. Oral or written publication of material that violates a person's right of privacy: C. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. 2. "Aircraft" under Coverage D means any aircraft or Its parts or equipment. 3. "Airport" means the Airport(s) designated in the Declarations, including ways and means immediately adjoining such airport(s). 4. "Airport operations" means the ownership, maintenance, use or provision of premises, services and facilities necessary to the operation of the "airport". S. "Aute means a land motor vehicle, trader or semitrailer designed for travel on public roads, including any attached machinery or equipment, but "auto" does not include "mobile equipment". S. "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; or b. Fright or mental anguish sustained by a person. T. "Coverage territory' means: a. The United States of America (including its territories and possessions), Puef{o Rico and Canada: b. International waters or airspace, provided the Injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above: or C. All parts of the world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a, above: or (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business: and (2) The insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. it incorporates 'your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have faded to fulfill the terms of a contract or agreement; AP 202 (11-98) Page 19 of 23 Y if such property can be restored to use by: a. The repair. replacement, adjustment or removal of "your product" or "your work": or b. Your fulfilling the terms of the contract or agreement. S. "In flight" means: a. With respect to a faced wing aircraft, from the time the aircraft moves forward in attempting to take off until the aircraft has completed its landing run. b. With respect to a rotorcraft, while its rotors are in motion as a result of engine power or autorotation. 10. "Insured contract" means: a. A lease of premises: b. A sidetrack agreement: C. Any easement or license agreement, except in connection with construction or demolition opcmtions on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipwdy, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another parry to pay for "bodily injury" or "property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. An insured contract does not include that part of any contract or agreement: a. That indemnifies any person or organization for "bodily injury' or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and effecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; b. That indemnifies an architect. engineer or surveyor for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports. surveys, change orders, designs or specifications; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage: C. Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insureds rendering or failure to render professional services, including those listed in b. above and supervisory, Inspection or engineering services: or d. That indemnifies any person or organization for damage by fire to premises rented or loaned to YOU. 11. "Loading or untoading" means the handling of property. a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto": b. While it is in or on an aircraft, watercraft or "auto"; or AP 202 (11-98) Page 20 of 23 w � + C. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical crevice, other than a hand truck, that is not attached to the aircraft, watercraft or *auto". 12. "Malpractice" means malpractice, error or mistake by a physician, surgeon, nurse, medical technician or other person performing medical services on behalf of an insured in the provision of emergency medical relief. 13. "Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: a. Opildozers, faun machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; C. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained pnmarily to provide mobility to permanency mounted: (1) Power cranes, shovels, loaders, diggers or drills: or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration. lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b , c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing: (c) Street cleaning: (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers, and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 14. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 15. "Personal injury" means injury, other than "bodily injury", ansing out of one or more of the following offenses: AP 202 (11-98) Page 21 of 23 1 - V . N - I A a. Mistaken arrest, detention or imprisonment: b. Malicious prosecution; C. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor. d. Oral or written publication of material that slanders or libels a person or organization or disparages a persorfe or organization's goods, products or services, e. Oral or written publication of material that violates a pemon's right of privacy: f. Unintentional discrimination; g. Misdirection of a passenger by an insured to the wrong aircraft, automobile or other connecting transportation: or The offenses described in paragraph f. of this definition do not include personal injury arising out of the employment, past employment or future employment of a person by any insured. 16. a. "Products -completed operations hazard" includes all "bodily injury' and "property damage" occurring away from premises you own or rent and arising out of -your product" or -your work - except: (1) Products that are stilt in your physical possession: or (2) Work that has not yet been completed or abandoned. b. 'Your work" will be deemed completed at the earliest of the following times: (1) - When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another- contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. C. This hazard does not include "bodily injury" or "property damage' arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle created by the "loading or unloading" of it: (2) The existence of tools, uninstalled equipment or abandoned or unused materials. (3) Products or operations for which the classification in this policy or in our manual of rules includes products of completed operations. 17. "Property damage" means: a. ' Physical injury to tangible property, including all resulting loss of use of that property. Ail such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the 'occurrence" that caused it. 18. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies are alleged. "Sint" includes: AP 202 (11-98) Page 22 of 23 - - 016 I a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 19. "Your product" means: a. Any goods or products, other than real property, manufacturecl, sold, handled. distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes: a_ Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and b. The providing of or failure to provide warnings or instructions. "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. 20. "Your work' means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. "Your work" includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability. performance or use of "your work"; and b. The providing of or failure to provide warnings or instructions. AP 202 (11-98) Page 23 of 23 CITY OF LUBBOCK MEMO TO: Legal Department DATE: May 26, 2000 FROM: Victor Kilman, Purchasing Manager SUBJECT: Request for Legal Services Request for Legal Services (please be specific): Resolution authorizing the Mayor to execute for and on behalf of the City of Lubbock a contract for AIRPORT GENERAL LIABILITY INSURANCE, attached herewith, by and between the City of Lubbock and UPSHAW INSURANCE AGENCYIWESTCHESTER FIRE of AMARILLO, TEXAS and any associated documents, which Agreement shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. 2. Do you desire an initial conference with an attorney on your request? No. 3. Phone number where you may be reached for follow-up on this request. Ext. 2168 4. Background information (please state any background information which will assist the attorney in handling your request): 5. Documentation (please state any document that concerns this request and attach a copy of it to this request if possible): RFP #00-085 6. EMERGENCY STATUS (I hereby request that this matter be handled as an emergency and given expedited consideration by the Legal Department for the following- reasons): 7. Desired completion date: May 30, 2000 Signature: �' l RECEIVED BY LEGAL:,, RECEIVED BY ATTORNEY:��e� it®� 0Opk Anticipated Completion Date: Actual Completion Date: s3m00iR=.nw1cc