HomeMy WebLinkAboutResolution - 2923B - Contract - Sanford Agency/ Southern Marine - Insurance Policies, LIA - 09/23/1988HW:da
RESOLUTION
Resolution #2923-B
September 22,12988
Item #29
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 by
and between the City of Lubbock and The Sanford Agency/Southern Marine &
Aviation Underwriters for Insurance Policies for Lubbock International
Airport, attached herewith, which 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.
Passed by the City Council this 22nd
ATTEST:
-Rave a Boyd, City Secretar
APPROVED AS TO CONTENT:
Gene ads, Pu ch asing Manager
APPROVED AS TO FORM:
H r ld Willard, Assistant City Attorney
day of September , Iggg.
B.C. McMINN, MAYOR
W1 2T'�zAff"C- OF FI c rAZ S
mnford
"MAKING INSURANCE SU NCE WORK FOR YOU
THE SANFORO AGENCY SINCE 'IS35-
October 28, 1988
"Our 54th Year"
Mr. Rod Bouffard
City of Lubbock
P.O. Box 2000
Lubbock, TX 79457
Re: Lubbock International Airport
Public Officials Liability
Policy #POL 656 06 75
Dear Rod:
Enclosed please find your copy of the above captioned policy, effective
September 30, 1988, to September 30, 1989.
We appreciate the opportunity to renew this coverage. If you should have
any questions regarding the policy, please give me a call.
Sincerely,
THE SANFORD AGENCY
Ko�� 144L7�
Kay Ponder
Customer Service Representative
kp
Enclosure
6303 INDIANA P.O. BOX 64790 • LUBBOCK, TEXAS 79464-4790 (806) 792-5564 FACSIMILE (806) 792-9344
THIS IS A CLAIMS MADE POLICY
PLEASE READ CAREFULLY
NATIONAL UNION
FIRE INSURANCE COMPANY
OF PITTSBURGH, PA.
70 PINE STREET, NEW YORK, N.Y. 10270
A CAPITAL STOCK COMPANY, HEREIN CALLED THE "COMPANY"
PUBLIC OFFICIALS AND EMPLOYEES
LIABILITY INSURANCE POLICY
NOTICE: THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGEMENTS OR SETTLEMENTS SHALL BE
REDUCED BY AMOUNTS INCURRED FOR LEGAL DEFENSE. FURTHER NOTE THAT AMOUNTS
INCURRED FOR LEGAL DEFENSE SHALL BE APPLIED AGAINST THE DEDUCTIBLE AMOUNT.
RENEWAL OF: POL 888 82 50 POLICY NUMBER:
DECLARATIONS
Item 1: Public Entity: Lubbock International Airport Board
Mailing Address: P.O. Box 2000
Lubbock, TX. 79457
Item 2. Policy Period
From:September 30,1988 To: September 30,1989
(inception date) (expiration date)
at 12:01 A.M. standard time at the address of the Insured stated above
POL 656 06 75
Item 3. Limit of Liability (Aggregate) inclusive of defense costs, charges and expenses.
$ See Endorsement #4
Item 4. Deductible (each Loss):
$ See Endorsement 114
Item 5. Premium:
$ $26,995
By acceptance of this policy the Insured agrees that the statements in the Declarations and the
Application and any _attachments hereto are the Insured's agreements and representations and that this
policy embodies all agreements existing between the Insured and the Company or any of its
Representatives relating to this insurance.
88110105 - 01121
Authorized Company Representative
97- 36 - J7,7
Countersignature Date
1
4 W,, 6 < /--. 7
Countersigned at
NATIONAL UNION
FIRE INSURANCE COMPANY
OF PITTSBURGH, PA.
A CAPITAL STOCK COMPANY
70 PINE STREET, NEW YORK, N.Y. 10270
(Herein called the Company)
PUBLIC OFFICIALS AND EMPLOYEES LIABILITY INSURANCE
(This is a claims -made policy, please read carefully)
In consideration of the premiums and in reliance upon the statements made to the Insurer in the application,
the Declarations page with Policy Form 29295 constitute the Contract, and the National Union Fire Insurance
Company of Pittsburgh, Pa. herein called the "Company", agrees as follows:
INSURING AGREEMENTS
1. Coverages A, B and C
A. The Company will pay on behalf of the Insureds all Loss which the Insureds shall be legally obligated
to pay for any civil claim or claims first made against them because of a Wrongful Act, provided that the claim
is first made during the policy period and written notice of said claim is received by the Company during the policy
period.
B. The Company will reimburse the Public Entity for all Loss for which the Public Entity shall be required
by law to indemnify the Insureds for any civil claim or claims first made against them because of a Wrongful Act,
provided that the claim is first made during the policy period and written notice of said claim is received by the
Company during the policy period.
C. The Company will pay on behalf of the Public Entity all Loss which the Public Entity shall be legally
obligated to pay for any civil claim or claims first made against it because of a Wrongful Act, provided that the
claim is first made during the policy period and written notice of said claim is received by the Company during the
policy period.
11. Definitions
A. "Public Entity" shall mean only that Municipality, Governmental Body, Department, or Unit, which is
named in the Declarations and is legally constituted at the inception date of this Policy.
B. "Insured" shall mean:
1. the Public Entity;
2. all persons who were, now are or shall be lawfully elected or lawfully appointed officials and members
of the Public Entity;
3. members of commissions, boards or other units operating by and under the jurisdiction of such Public
Entity and within an apportionment of the total operating budget indicated in the application form,
provided that the insurance afforded shall not extend to any of the following boards, commissions or
units unless specifically endorsed hereon: schools, airports, transit authorities, hospitals, utilities, hous-
ing authorities or law enforcement agencies;
4. employees as may be responsible to the Public Entity or to its commissions, boards or other units as
set forth in "3" above, provided that the insurance afforded shall not extend to any person working
on a retainer or contractual agreement;
5. the estate or legal representative of insureds in the case of death, incompetency, insolvency or bank-
ruptcy or such Insured.
29295
(3/87)
C. "Wrongful Act" shall mean any actual or alleged error or misstatement or misleading statement or act
or omission or neglect or breach of duty including misfeasance, malfeasance and nonfeasance by an Insured, as
a public official or employee of the public entity.
D. "Loss" shall mean the amount which the Insureds are legally obligated to pay or which the Public Entity
shall be required by law to pay as indemnity to the Insureds, for any claim or claims made against them for Wrongful
Acts and shall include damages, judgments, settlements, costs and expense of investigation and defense of legal
actions (excluding from such costs and expense the salaries of officials or employees of the Public Entity or any
other governmental body), claims or suits and appeals therefrom, cost of attachment, appeal or similar bonds;
provided always, however, such subject of Loss shall not include fines or penalties imposed by law, or matters
which may be deemed uninsurable under the law pursuant to which this Policy shall be construed.'
E. "Policy Period" shall mean the period of one year following the effective date and hour of this Policy
or if the time between the effective date and the termination of the Policy is less than one year, such lesser period.
Ill. Exclusions
The Company shall not be liable to make any payment of Loss in connection with any claim:
A. seeking the return of any profit, advantage, gain or remuneration to which the Insureds were not legally
entitled; however, the Insureds shall be protected under the terms of this policy unless a judgment or final
adjudication establishes such lack of legal entitlement;
B. brought about or contributed to by the dishonesty of the Insureds, however, notwithstanding the foregoing,
the Insureds shall be protected under the terms of this policy as to any claims upon which suit is brought
against them by -reason of any alleged dishonesty on the part of the Insureds, unless a judgment or other
final adjudication thereof adverse to the Insureds shall establish that acts of active and deliberate dishones-
ty committed by the Insureds with actual dishonest purpose and intent were material to the cause of action
so adjudicated;
C. seeking relief, or redress, in any form other than money damages;
D. for bodily injury, sickness, disease, death, mental anguish or for claims arising therefrom;
E. for loss, damage to or destruction of any tangible property or the loss of use thereof by reason of the
foregoing;
F. for injury arising from:
1. false arrest, assault or battery, detention, imprisonment, malicious prosecution or abuse of process;
2. disparagement, defamation including but not limited to libel, slander or violation of an individual's right
of privacy.
3. wrongful entry or eviction or other invasion of the right of private occupancy;
G. arising from a publication or utterance in the course of or related to advertising, broadcasting or telecasting
activities conducted by or on behalf of the Public Entity;
H. arising from inverse condemnation and/or adverse possession;
1. arising from strikes, riots or civil commotions;
J. arising from the willful violation of any statute, ordinance or regulation committed by or with the knowledge
or consent of any Insured;
K. arising from the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic
chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land,
the atmosphere or any watercourse or body of water;
L. arising from the Insured's activities in a fiduciary capacity;
M. arising from activities of any attorney-at-law, medical personnel, architect, engineer or accountant, in the
scope of his professional duties; however, notwithstanding the foregoing, the Insureds shall be protected
under the terms of this policy as to any claims made against them as Public Officials or Employees of the
Public Entity;
kl
N. for any wrongful act occurring prior to the inception date set forth in Item 2 of the Declarations, if at the
inception date an Insured knew or, might, reasonably expect that such wrongful act would give rise to a
claim;
O. arising out of breach of contract;
P. arising out of the activities of any law enforcement agency or personnel.
IV. Nuclear Energy Liability Exclusion
It is agreed that the policy does not apply:
1. Under any Liability Coverage, to injury, sickness, disease, death or destruction.
(a) with respect to which an Insured under the policy is also an Insured under a nuclear energy liability
policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Under-
writers or Nuclear Insurance Association of Canada, or would be an insured under any such policy
but for its termination upon exhaustion of its limit of liability, or
(b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person
or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954,
or any law amendatory thereof, or (2) the Insured is, or had this policy not been issued would be, entitled
to indemnity from the United States of America, or any agency thereof, under any agreement entered
into by the United States of America, or any agency thereof, with any person or organization.
2. Under any Medical Payments Coverage, or under any Supplementary Payments provision relating to
immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death
resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility
by any person or organization.
3. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazard-
ous properties of nuclear material, if:
(a) the nuclear material (1) is at any nuclear facility owned by or operated by or on behalf of, an Insured
or (2) has been discharged or dispersed therefrom;
(b) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, proc-
essed, stored, transported or disposed of by or on behalf of an insured; or
(c) the injury, sickness, disease, death or destruction arises out of the furnishing by an Insured of services,
materials, parts or equipment in connection with the planning, construction, maintenance, operation
or use of any nuclear facility, but if such facility is located within the United States of America, its
territories or possessions or Canada, this exclusion (c) applies only to injury to or destruction of property
at such nuclear facility.
4. As used in this section
"hazardous properties" includes radioactive, toxic or explosive properties;
"nuclear material' means source material, special nuclear material or byproduct material;
"source material', "special nuclear material', and "byproduct material' have the meanings given them
in the Atomic Energy Act of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed
to radiation in a nuclear reactor;
"waste" means any waste material (1) containing byproduct material and (2) resulting from the operation
by any person or organization of any nuclear facility included within the definition of nuclear facility under
paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes or uranium or plutoni-
um, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste,
3
(c) any equipment or device used for the processing, fabricating or alloying of special nuclear
material if at any time the total amount of such material in the custody of the Insured at the
premises where such equipment or device is located consists of or contains more than 25 grams
of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium
235,
(d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal
of waste,
and includes the site on which any of the foregoing is located, all operations conducted on such site and all
premises used for such operations;
"nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain
reaction or to contain a critical mass of fissionable material;
With respect to injury to or destruction of property the word "injury" or "destruction" includes all forms of
radioactive contamination of property.
FURTHER TO THE ABOVE, the Company shall not be liable to make any payment for loss arising out of
any radioactivity of anything whatsoever or any nuclear reaction or explosion, no matter where it occurs or where
the results of it take effect.
V. Limit of Liability
A. This policy is only to pay the excess over the deductible amount as set forth in Item 4 of the Declarations
in respect of each and every Loss (as herein defined) hereunder. The deductible amount is to be borne by the
Insureds and is not to be insured. Loss arising out of the same Wrongful Act or series of continuous, repeated
or interrelated Wrongful Acts giving rise to a claim or claims shall be construed as a single Loss and only one
deductible amount shall apply thereto.
B. The total liability of the Company for any Loss or Losses during the Policy Period (and including the
Discovery Period, if applicable), shall not exceed the Limit of Liability stated in Item 3 of the Declarations. The
inclusion herein of more than one Insured shall not serve to increase the Company's Limit of Liability.
VI. Defense Provisions
A. The Insureds shall not admit liability for or settle any claim or incur any costs and expenses of investigation
and/or defense in connection with any claim without the Company's prior written consent (which consent shall
not be unreasonably withheld).
B. The Company shall have the right but not the duty to assume, in the name of the Insureds, the investiga-
tion and/or defense of any claim and in the event of the exercise of this right the Insureds shall provide the Company
with their full cooperation
C: If the Company recommends settlement of any claim and the Insureds refuse, then subject to Section
V, Limit of Liability, the Company's liability for Loss shall not exceed the amount of the settlement recommended
by the Company and the costs and expense of investigation and/or defense as of the time of the Insured's refusal
and the Insured shall thereafter negotiate, investigate and/or defend such claim or suit independently of the
Company.
VII. Loss Provisions
A. The Company shall, during the pendency of any claim or suit made, periodically reimburse the Insureds
for that portion of Loss consisting of costs and expense of investigation and defense of suits provided that in those
instances in which a final adjudication establishes the application of Exclusions A and/or B the Insureds shall, on
demand by the Company, return to the Company any such amounts.
B. The time when a Loss shall be incurred within the meaning of this Policy shall be the date on which the
Insureds shall give written notice to the Company as hereinafter provided.
C. The Insureds shall, as a condition precedent to the Insureds' rights under this Policy, give notice as soon
as practicable to the Company of any claims made against the Insureds.
D. If during the Policy Period, or during the Discovery Period (if the right is exercised by the Insureds in
accordance with Section VIII, Discovery Period), the Insureds shall:
4
(1) receive written or oral notice from any third party that it is the intention of such third party to hold the
Insureds responsible for the results of.any;Wrongful3 Act;vor.
(2) become aware of any occurrence which may subsequently give rise to a claim being made against
the Insureds as respects any Wrongful Act;
and provided that in either case the Insureds give written notice to the Company during the Policy Period or during
the Discovery Period, if applicable, of such written or oral notice under (1) above or such occurrence under (2)
above, any claim which is subsequently made against the Insureds arising out of such Wrongful Act shall, for the
purposes of this Policy, be treated as a claim during the Policy Period.
E. The Insureds shall give the Company such information and cooperation as it may reasonably require and
as shall be in the Insureds' power.
VIII. Discovery Period
If the Company or the Insured cancels or non -renews this Policy, the Insureds shall have the right, upon
payment of the additional premium of 25% of the total Policy premium hereunder, to an extension of the cover
granted by this Policy in respect of any claim or claims first made against the Insureds and reported to the Company
during the period of 12 months after the effective date of such cancellation or refusal to renew but only in respect
of any Wrongful Act committed before the effective date of such cancellation or refusal to renew and otherwise
covered by this Policy.
This right shall terminate, however, unless written notice of such election together with the additional premium
due is received by the Company not later than 30 days after the effective date of cancellation or refusal to renew.
This clause and the rights contained herein shall not apply to any cancellation resulting from non-payment
of premium.
IX. Cancellation Clause
This Policy may be cancelled by the Insureds by surrender of this Policy or by giving written notice to the
Company stating when thereafter such cancellation shall be effective. This Policy may also be cancelled by the
Company by delivering to the Insureds or by mailing to the Insureds by registered, certified or other first class mail,
at the Insureds' address shown in Item 1 of the Declarations, written notice stating when, not less than thirty (30)
days thereafter, the cancellation shall be effective. However, if the Company cancels the policy because the
Insureds have failed to pay a premium when due, this Policy may be cancelled by the Company by mailing written
notice of cancellation to the Insured at the address shown in this Policy, stating when, not less than ten (10) days
thereafter, such cancellation shall be effective. The mailing of such notice as aforesaid shall be sufficient proof
of notice and this Policy shall terminate at the time of surrender or the date and hour specified in such notice,
which shall become the end of the Policy Period.
If this Policy shall be cancelled by the Insureds, the Company shall retain the customary short rate proportion
of the premium hereon. If this Policy shall be cancelled by the Company, the Company shall retain the pro rata
proportion of the premium hereon. Payment or tender of any premium by the Company shall not be a condition
precedent to the effectiveness of cancellation, but such payment shall be made as soon as practicable.
If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the
construction thereof, such period shall be deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law.
X. Authorization and Notice
By acceptance of this Policy, all Insureds agree that the Public Entity shall act on behalf of all Insureds with
respect to the giving and receiving of notice of claim or cancellation, the payment of premiums and the receiving
of any return premiums that may become due under this policy, and accepting any endorsement issued to become
a part of this policy. Notice sent to the Public Entity at the address shown in the Declarations shall constitute notice
to all Insureds.
XI. General Conditions
A. Territory
This Policy only applies to claims or suits brought against the Insureds in the United States of America,
its territories or possessions, or Canada.
5
B. Notice of Clairris
All notices of claims, applications, demands or requests provided for in this Policy shall be in writing and
addressed to the Company's Administrative Offices, 70 Pine Street, New York, New York 10270.
C. Action Against Company
No action shall lie against the Company unless, as a condition precedent thereto, the Insureds shall have
fully complied with all the terms of this Policy, nor until the amount of the Insureds' obligation to pay shall have
been finally determined either by judgment against the Insureds after actual trial or by written agreement
between the Insureds and the claimant, which agreement has been approved by the Company in accordance
with Section VI, Defense Provisions.
Any person or organization or the legal representative thereof who has secured such judgment or written
agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by
this Policy. No person or organization shall have any right under this Policy to join the Company as a party
to any action against the Insureds to determine the Insureds' liability, nor shall the Company be impleaded
by the Insureds or their legal representatives. Bankruptcy or insolvency of the Insureds or of the Insureds' estate
shall not relieve the Company of any of its obligations hereunder.
D. Mergers and Acquisitions
If, during the term of this Policy, an Insured named in Item I of the Declarations shall be merged, consolidated
or otherwise combined, immediate written notice must be given to the Company. Coverage hereunder shall
not apply to any Wrongful Acts committed subsequent to the date of merger, consolidation or other combination
unless the Company gives its consent in writing by endorsement to this Policy.
E. Subrogation Clause
In the event of any payment under this Policy, the Company shall be subrogated to all the Insureds' rights
of recovery therefore against any person or organization, and the Insureds shall execute and deliver all instru-
ments and papers and do whatever else is necessary to secure such rights for the Company. The Insureds
shall do nothing to prejudice such rights. Any amount recovered in excess of the Company's total payment
shall be restored to the Insureds, less the cost to the Company of recovery.
F. Other Insurance
Such insurance as is provided under this Policy shall be excess over any other valid and collectible insurance.
G. Assignment
This Policy shall be void if assigned or transferred without the written consent of the Company.
H. Conformity Clause
Terms of this Policy which are in conflict with the statutes of those states wherein certain provisions and
coverage included under this policy are not permitted are hereby amended to cover only those provisions and
coverages as apply and conform to such statutes.
I. Changes
Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver
or a change in any part of this Policy or estop the Company from asserting any right under the terms of this
policy, nor shall the terms of this Policy be waived or changed, except by endorsement issued to form a part
of -this Policy.
In witness whereof, the Company has caused this Policy to be signed by its President and Secretary and
countersigned on the Declarations Page by a duly authorized agent of the Company.
Secretary President
6
ENDORSEMENT# 1
This endorsement, effective 12:01 A.M. , September 30,1988 forms a part of
policy number POL 656 06 75
issued to Lubbock International Airport Board
by National Union fire Insurance Company of Pittsburgh, Pa.
In consideration of the premium charged, it is hereby understood and agreed that Section III of the
policy entitled Exclusions is amended to include the following:
The Company shall not be liable to make any payment of loss in connection with any claim:
q) arising out of any awards of back salary;
r) arising out of the operation of or activities of any schools, airports, transit authorities, hospitals,
utilities, housing authorities, law enforcement agencies and/or security agencies unless specifically
endorsed hereon;
s) to any cross claims or counter claims brought by one Insured under this policy against another
Insured;
In addition Exclusion L is amended to read as follows:
L) arising from the Insured's activities In a fudiciary capacity as respects to any employee benefit plan.
It is further understood and agreed that the combined Limit of Liability that the Insurer shall be
liable for on any claim, involving this or any other valid or collectible National Union Fire Insurance
Company of Pittsburgh, PA. Public Official Liability Policy shall be limited to the Limit of Liability
stated in Item 3 of the Declarations Page.
All other terms, conditions and exclusions shall remain the same
T I TI-I.QB -D' ESE A IVE
This endorsement, effective 12:01
policy number POL 656 06 75
issued to Lubbock International
ENDORSEMENT# 2
A.M., September 30,1988
Airport Board
by National Union fire Insurance Company of Pittsburgh, Pa.
forms a part of
In consideration of the premium charged, it is hereby understood and agreed that INSURING
AGREEMENTS, Vi, Defense Provisions is deleted in its entirety and replaced with the following:
VI. Defense Provisions
With respect to such insurance as is afforded by this policy, the Company shall as part
of and subject to the limits of liability:
a) Defend any action or suit brought against the Insured alleging a Wrongful Act,
even if such action or suit is groundless, false or fraudulent; but the Insured shall
not admit liability for or settle any claim or incur any cost or expense without the
written consent of the Company, and the Company shall have the right to make
such investigation and conduct negotiations and, with the written consent of the
Insured, enter into such settlement of any claim or suit as the Company deems
expedient. If the Insured refuses to consent to any settlement recommended by
the Company the Insured shall thereafter at his own expense negotiate or defend
such claim or suit independently of the Company and the Company's liability shall
not exceed the amount for which the claim could have been settled plus the
costs and expenses incurred with the Company's consent up to the date of such
refusal;
b). Pay all reasonable expenses, other than salaries of the Insured or the Insured's
employees, incurred by the Insured at the Company's request.
�AU`TF�,OFt1��6`'FtEPR'ES IVE
ENDORSEMENT# 3
This endorsement, effective 12:01 A.M., September 30,1988 forms a part of
policy number POL 656 06 75
issued to Lubbock International Airport Board
by National Union fire Insurance Company of Pittsburgh, Pa.
AMENDMENT TO THE BROAD FROM NUCLEAR EXCLUSION
(DEFINITION OF WASTE)
In consideration of the premium charged, it is hereby understood and agreed that the definition of
"Wactp" contained in the Nuclear Energy Liability Exclusion (Broad Form) is amended to read as
follows:
Waste= means any Waste Material
(a) containing hy-prndurt matpriai other than the tailings or wastes produced by the
extraction or concentration of uranium or thorium from any ore processed
primarily for its sump matprial content, and
(b) resulting from the operation by any person or organization of any nuclear facul
included under the first two paragraphs of the definition of miripar farility,
ih;tJTHOttZEU REPRESENTATIVE
► 1 all I : 1! 140
This endorsement, effective 12:01 A.M. , September 30,1988 forms a part of
policy number POL 656 06 75
issued to Lubbock International Airport Board
by National Union fire Insurance Company of Pittsburgh, Pa.
SPLIT LIMITS OF LIABILITY ENDORSEMENT
In consideration of the premium charged it is hereby understood and agreed that Item 3 of
the Declarations, Limit of Liability, is amended to read as follows:
Item 3. Limits of Liability (including defense costs, charges and expenses):
$2,000,000 each Wrongful Act or series of continuous, repeated or
interrelated Wrongful Acts.
$5,000,000 aggregate.
It is also understood and agreed that Item 4 of the Declarations, Deductible, shall be
amended to read as follows:
Item 4. Deductible: $25,000 each Wrongful Act or series of continuous,
repeated or interrelated Wrongful Acts.
It is further understood and agreed that Part V. Limit of Liability of this policy is deleted in
their entirety and replaced by the following:
V. Limits of Liability.
Regardless of the number of Insureds under this policy and the number of
claimants who make claims against the Insured, the Company's liability is limited as
follows:
a. The total liability of the Company for all Damages, defense costs, charges and
expenses arising from a claim or claims against any Insured(s) by one or
more claimants as a result of any one Wrongful Act shall not exceed the limit
of liability stated in the Declarations as applicable to "each Wrongful Act or
series of continuous, repeated or interrelated Wrongful Acts."
For the purposes of determining the Company's Limits of Liability, all claims
against the Insured(s) arising out of a series of continuous, repeated or
interrelated Wrongful Acts shall be considered as arising out of one Wrongful
Act.
b. The total liability of the Company for all Damages, defense costs, charges and
expenses arising from all claims made against the Insured(s) during the Policy
Period and inclusive of the extended reporting period, if applicable, shall not
exceed the limit of liability stated in the Declarations as "aggregate."
ENDf)RSEMENT# 4 (cont'd)
2. Deductible
The Company shall only be liable for those Damages, defense costs, charges and
expenses which are In excess of the Deductible stated in Item 4 of the
Declarations. This deductible shall apply to each Wrongful Act and shall be borne
by the Insured and remain uninsured. Claims arising out of the same Wrongful Act
or out of a series of continuous, repeated or interrelated Wrongful Acts shall be
considered as arising out of one Wrongful Act.
fAUTHORiZEb-AEPRt TATI E
ENDORSEMENT #5
This endorsement, effective 12:01 A.M., September 30, 1989 forms a part of
policy number POL 656 06 75
issued to Lubbock International Airport Board
by National Union Fire Insurance Company of Pittsburgh,.Pa.
In consideration of the premium charged, it is hereby understood and
agreed that the following exclusions shall be added to this policy
so that the Company shall not be liable to make any payment of loss
in connection with any claim:
For or alleging discrimination
cr --�
"RRESENTATI E
ENDORSEMENT #6
This endorsement, effective 12:01 A.M., September 30, 1989forms a part of
policy number POL 656 06 75
issued to Lubbock International Airport Board
by National Union Fire Insurance Company of Pittsburgh, Pa.
In consideration of the premium charged, it is hereby understood
and agreed that Section IX of this Policy, Cancellation Clause,
has been deleted in its's entirety and replaced with the following:
IX. CANCELLATION CLAUSE
This Policy may be cancelled by the Insureds by surrender of this
Policy or by giving written notice to the Company stating when
thereafter such cancellation shall be effective. This Policy may
also be cancelled by the Company by delivering to the Insureds or
by mailing to the Insureds by registered, certified or other first
class mail, at the Insureds' address shown ,in Item 1 of the
Declarations, written notice stating when, not less than sixty (60)
days thereafter, the cancellation shall be effective, However. if
the Company cancels the policy because the Insureds have failed to
pay a premium when due. this Policy may be cancelled by the Company
by mailing written notice of cancellation to the Insured at the
address shown in this Policy, stating when, not less than ten(IO)
days thereafter, such cancellation shall be effective. The mailing
of such notice as aforesaid shall be sufficient proof of notice and
this Policy shall terminate at the time of surrender or the date
and hour specified in such notice, which shall become the end of
the Policy Period.
If this Policy shall be cancelled by the Insureds, the Company shall
retain the customary short rate proportion of the premium hereon.
If this Policy shall be cancelled by the Company, the Company shall
retain the pro rata proportion of the premium hereon. Payment or
tender of any premium by the Company shall not be a condition
precedent to the effectiveness of cancellation, but such payment
shall be made as soon as practicable.
Endorsement #6 Cont'd.
If the period of limitation relating to the giving of notice is
prohibited or made void by any law controlling the construction
thereof, such period shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted by such law.
--�tJTH`Da1.ZED�REPRESENfA�+-11�-=-'� _
,+ TN.iSr Iv = A PPL!Cd4 ,-I03N FOR A CLAIMS MADE POLICY
t" J UNION
iNS'%-JRA.,NCE COMPANY
p*= P#Yi i2URGH, PA.
c -AI e -j she Cornea^.r}
;Z: P f- S7H -F7. NE t'CRY:, N Y ti�2'0
APPLICATION FOR
PUBLIC C•rFICIALS ANC, EMPLOYEES LIABILITY INSURANCE
'aa! "i$r't: .fit �Jr31'� 1=�•/.Y Ubv�;'._-I '1T -;_f �C it?> al Airport Lo-rd-
1.F.O. EeX 4UtZ� _ �ub�_— —_�Q2ia�._..._ {�'
Et#:;,y ova s { a:gd ;r - �'1 er..: G`t'r:. es :s cll:t :!-!ti to operate as 2t
��ar7
Texts
r under "+r laws of tee StatE r•I_.-..`--.-
--- ._ , CO."r c,. , ^-a • _ sin. . .
3.
(:�� s! FUJI•„ C^'t, 3 �-C:�;n•. ^.a"r:, znr Q�1:•i,l.�i^,� �� !�.',�St t'ty
s {aj
Names ar,j O'tc:,a, TWf' n! _ �iLit*v 'A _:l^;2"S
NA14E
T`TL = ELECTED
APPC1NTE0
.hack EBrown
L+(-,ad h;ernber
r.
iry(j Gz-Land _-.----___---
at a_tl member —
x
Jath es Sch i erimeyer
Board He- tuber
x
_=oa rd Member.__ _
x -
tiary Beth Scull
ecave Mer�ber
x
, pp_R_-Boa
_
rd MgTh-e—
—`x—
_
Gr. Iiaz2i S. Taylor
ward Member
x
'a�� �e
—�'-' �ec�o�of�tL al10r
, _C_2.f ---------
J;m Hew=om,
Deputy Ai rp.. Director
r.
i; addr,;rna: space ig •e.^,wired}
{C ;i Boafe4'Aer".c"S are a:7o,r`,vP , ty •ni'.,-.:" �
}
_C..L:.=4--caui:C1J — ----
^—
r ;e'l p t.;£,ti!:C �.' S,rr:igr +n!iU!..nCe, p!eaSe eje!a:I !h9 tern
�Cj }f 1f,e Jf^.pCtr1?.^� ��.-:L; r^!},Cc1i'� '�i •'t;:i� 4.'C7.`-..�-,j. "3 f Utt1i C 1711rCia15
^! SUCt! CpYarg9ts,
Self-inSureu program
:+!@ !Ci:,�::•'^y C!t,: s3: ; f s,nt}iJtee of iF.r C.•hi-L Ent t- is aj-n.'l:ecl an,, designate -,,c recei.e arty a1i !?Q';Ces fr+,,rn the Cloropat
�: tt_ 8r':'ir.� �p� (s'}1fE'SOri!3t'Yd;S) �;jn�?fhtny'• '.r7i !i•Salf�:?C 2"
Assistant ►re:tor of Finarcc
(6/e
zvzv7
Psge
F. trivOrumilc Enz:ty kzs any &UMOM'es. 4:z O*tef un;?s OpelaMIg vr'�
And w4nirl 31^ ftPPC"tjC'nmNmf "f if; 0'
:�tv5;qf, p;e3se fnciuee cne sepwa.lepage.• a
jr urns a-10 mcficaii>-wt-ellzw any ::f svC.1- cr.ter-y ew-. Public Oltit;a!s LiablMy Ins-aravi-e. 11 no such -i-liks 3r -e
S.' 'stat:
cigm..s st%:),yr sr, ;.'oms 7. )-1? 'v"I _7 re"Ov" P�I 0 f -: burl ;,b 1-f es :?7 :icjrd, ccmmiss.on. authoray or vvief w"-! ksiE
7. Fmsca I Year ericis on ._- - - !/ I ()
__._.--_-..__-
A;ntual Jrcrrfid Fwv 5 Fiscal Years
Acruat Expencitores r-rlor j Aisca" �Cjrs
$ 5___—(,320,9:'!---
•,
(,320,914)
,3571,537 .1
C 0141) '
$---4 --- , _!9 ___ (2 208,59?0'�-
602 (2,2.39.4_?I-t
0'.C-ssp on :; separsT.? Fagg- thle wiy 'targe or vrq::ing del:el's. Un.sypervJed
fe".acted in the WDc,,eq figure-
3.vd2Et ClurTen,. FivCa! Year E.,itornated Su[Pivs or (Defic-ilf
S!. Eulimaw S�Ucyjt gotta; ill Fitcal YEw Estimated Surplus v (rdaficil)
I -hiO't W01 msul' in a subalantial bvdge*, ;'�C.'en-se -r- IN r�exl, 3 v.:?ws!
PvN:- ;ty al.
rn.
�tl':Ipaz& any
No
4;'w amount o! e.utslam4ln!D Rapids S -.Alrpr..r 15,000
G;nera; ob'!;gation for Airport puriy�ses C14.793,208
"tost NIOMY's RnC!"Or Stan -lard
,c; Has ine Pvb!il; EM ty b"�-) ;rs 09%;'1 On -r ".I*Oftst •:'! any scnO7
tot 'Ns. Arte.*. A
01 for
% P'-�arx- v'Oude a copy 0, V)-� BQiIf" Ot all Ou'Vanjing 13nnds
_ i' :'�',,'!r•''.)W:'ta'111F1'�7..:'r•+f�•<$ r�•1> r�r .-,-{�_ ..-. ti4 _ons!t"V .c :4,r ,.�V fi?HL ti;r E'rv%wrse.mart; to She P:Aicy up)ri r qujrSt. 00SS tt^
' 3r;C:Gr.ty of me t?v3r_" h6. :•� „v: Mc- r3a�?::E, 8^r :1V I-ated `ivd9et C{:
ta, an a,rpor: es._'__ NcCkwent Sudget S_ 3 , 369,217 ----
:G; ritai. C:i^i ^a's,ny h +fr:e x ^tf er
Meal h card ;PVOOn yas—. NO X cvrreni Soget $ -
('cj ui;ftii@S
`!es_ X Cufrtitrit Sudget 5��•---
io) sCt-•cr<?i
yeS...-._- No. x Curren; Bulget S_.._._.__
(e; trs +sii �?4+:"fpfitV r:�s ^77 >` t1u'rPtSl $udSe•: C_- --- ._ _
i i t:�tit4n� itUi v^` i.+ yes___. No— x Curren* Budget S.
pUD•G :i:^r Ff:r^3rr et:ily.�{ t :�Y;i1 r`=,L'� LJ. "es
t• ,t ,
:.irt'•; O' G-tnAtat t.`'?:+;ith• .,.._—___._c:.i.�w� 1.,..._ ......_.,. --• --
ii^6S form attached
(D) •t tre Fue:tc ttlti-• --c'S r:G' L -VC, F'trT?rr-, ;z}i's r l.`•3: ..:� iti3f L't, Siat£ Ir.3 Se f-jrsurEd r2t<^tiUri Ft 1 t,rr±it pf tia�'rsfj 0. t►i
'4,L,C3S ir3vranCO t;)." MO Ent'::y,° S-,raf•inSSJfanee proq..rirrt. se r'3te:
-i; ti
;.hi; +at::.r. v S rmiar ins:iranr,�7
Pu�,tc rY ;.r :5t r,Y �3i
"same o; -%rr:3^y I -L' 4ta
9/30/$0
52,'x'4::'• r`"�i;/:,,1'i�'J,GCr3 :�9req.te
Lrni. .---- — -- --- _
ceductib,'e _ $2 ---
St1,-Oz :,/ 8/'U c/?v/A.E ',mkatt: annual or ;tree year
Ptamiur*:
t. ": mis �a�- ,s24:i^e�. Gdn.E l63 cr renews', therc-ot rr_fvse . exCeDt .n ro:i.,A•s
:-:. `;U ,;tndar rnSuriinra ;r...;izi) � f tzLr F;.... i,^;•ti -
(it ;nStiBf r_ none, o Sate:
Pag,
01ow!"'t, Z
�:we a.f, c V'le :Z14:t irl'-'-Zp2'1rj-1
tt;'f. I-sic,f, 0.1 Gmp!cqiz:cs :'r " -
Civil tig"tti:
-1 Arli grar:fl 'Ur" Ar." V'.)Wic 0f':c'8;s
!-.i -.-Ins.wer Iv any 0 :-.,t* a of pape.r.
'*'ps ____ No —!L
Yr?s __ No
'fez; '_X_
yss __ N10
ry�St f..'e yq;. "5 1VA'.2 _16y C1,3i"ns.
h,)CI it :ee__j
In effect?
V1
of
t5 Ile P'Qpc_*l
.7!T}.c.t"!qed C'v ail m.af 'f tne'e 0),
Oa,M ;.X aCti0i) SL�b i?C"U;NNIV A_Inar!Z!Ijnr� J�!r. -,h!IJ b -!t e
(for -.I C-_Ve'ap vrider the 'prc-p:15e.-j ilu'a;'.C'i?
!`e 'Indcm.9r:?0 wh:! �re !1"'.3 d?C:Zflv 10 "Me best c! 1.ricir kncwi4Dclge. slates- set 'crlh herein
r.- "7rang Of lm:s
-,&r ?e
n - .S. bux i! S acree'.1 lrlat,
1.^.:E Foi.,Y, Sfi2i bit 64S-._- --,f the
1,40110E TO NEW YORK Ar"?, W`::; .-'
Voy Ptlrscn %vilo ;-.wJn,fy and v%,;Yh intent to defiraud any ?*11S1-,fa.1K_'e cCmpany
ollne, Pzi son files Z';l
:wilzilink ariy false, informaxion or conceals fc- the pvtpose of
V':arito' co --r a f!audulenl inturance v"h1cm It a crime
Si -g
SIGN".TijR-23 APE
z
T1 a PIE
ii
Ale,-
'./
7/f4 fsS�
The Sa!Jor.. Lubboi;k. Texas -79`t64
na 0
Page 4
-- - .�y... �.. •. 5..:-z...-nr..a'�s'7't` ,t.. s�. i�q ':rr*M `.-,ri�5 .a �,vs 4a �3n�r7t•�F�a'�4i ter-. '�'?e1 ��.-.'S'i?'�:s s -a;'
r r
/ r rig (E:3CITY OF, LUBBOC� ..
J0/0318.8- .7291
t-t_MOCK, FEXAS 794571 P001 21065
I ,;n9 I 71,2-6411
I :\' uv ! 1,R , T
:ti lxl �!! :::/
U.\CL U!(;i1PTI(1\ i RLFtRL\CE NO.
f _
1001,88: 43513 100388 00
.106. 26995eo - 0 0-j 72699500
i
1
-; ..1.9 • -6995-00 000—' i 2699500--
. �. ,
1
THE CITY OF LUBBOCK' f 1172902
i P.O. BOX 2000 ln?i 13,T11 STREET
072902
If
" LUBBOCK. TEXAS 79457
►: (806) 762-6411 \011) w M S \hTi_R c Ht.( is nett:
TWENTY—SIX THOUSAND NINE 11UNDRED NINETY—FIVE DOLLARS NO CENTS
PAY TO THF (TRUER OF wa ( III I'' :\\101'N 1
10/03/88 ***********26,995.00
SANFORD AGENCY
BOX 64790 c
LUBBOCK TX 79464
11'07290211' 1:L113225831: 008 779311'