HomeMy WebLinkAboutUntitled (3) •
League of Minnesota Cities
Cities promoting excellence
League of Minnesota Cities
145 University Avenue West
St. Paul,MN 55103-2044
(651)281-1200
Comprehensive
Municipal
•
Property and
Casualty Coverage
Administered By:
Berkley Risk Services, Inc.
145 University Avenue West
St.Paul,MN 55103-2044
(651)281-1200
•
**IMPORTANT**
PLEASE READ YOUR. AGREEMENT
S
COMMON CONDITIONS
• ALL COVERAGE PARTS INCLUDED IN THIS COVENANT
ARE SUBJECT TO THE FOLLOWING CONDITIONS:
1. CANCELLATION AND NON-RENEWAL 2. CHANGES
a. The first "city" shown in the Declarations may This covenant contains all the agreements between
cancel this c ovenant by mailing or delivering to LMCIT and"you"concerning the coverage afforded.
LMCIT advance written notice of cancellation.
The first "city" shown in the Declarations is
b. LMCIT may cancel this covenant by mailing or authorized to make changes in the terms of this
delivering to the first "city" shown in the coverage agreement with the consent of LMCIT.
Declaration P a g e, written notice of cancellation at The coverage terms can be amended or waived only
issued by LMCIT and made a part of
least: by endorsement issu y p
this covenant or by acknowledgment by LMCIT that
(1) 10 days before the effective date of the an endorsement will be issued at a later date.
cancellation if LMCIT cancels for nonpayment of
premium; or 3. RATING AUTHORITY AND
EXAMINATION OF "YOUR" BOOKS AND
(2) 30 days before the effective date of the RECORDS
cancellation if LMCIT cancels for any other
reason. LMCIT shall have full discretionary authority to
promulgate rates and establish the premium to be
c. LMCIT will mail or deliver its notice to the first charged for the coverage period under this covenant.
• "city" shown in the Declaration's last mailing LMCIT may, at its discretion or at "your" request,
address known to LMCIT. examine and audit "your" books as they relate to this
covenant during the coverage period and up to one
d. Notice of cancellation will state the effective date year thereafter and,accordingly,make any necessary
of cancellation. The coverage period will end on adjustments in premium. No premium adjustments
that date. will be made after one year following the expiration
of the coverage period.
e. If this covenant is canceled, LMCIT will send the
first "city" shown in the Declaration any premium 4. INSPECTIONS AND SURVEYS
refund due. If LMCIT cancels, the refund will be
pro-rata. If the first "city" cancels, the refund LMCIT has the right, but it is not obligated to:
may be less than pro-rata. The cancellation will
be effective even if LMCIT has not made or a. Make inspections and surveys at any time.
offered a refund.
b. Give the "city" reports on the conditions it finds;
f. If "we" decide not to renew this covenant, "we" and
will mail or deliver to the first "city" shown in the
Declarations written notice of the non-renewal not c. Recommend changes.
less than 30 days before the expiration date.
Neither LMCIT's right to make inspections nor its
g. If notice is mailed, proof of mailing will be making any report thereon shall constitute any
sufficient proof of notice. undertaking on behalf of or for the benefit of the
• "city" or others to determine or warrant that such
LMCIT CCM(11-89)(Rev. I1-00) 1 of 3
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•
property or operations are safe or healthful or free allocated to each claim to include attorneys' fees,
from hazard or are in compliance with any law, rule court costs, court reporting and transcript fees, the
or regulation. cost of obtaining records, general witness and expert •
witness fees and expenses and similar defense related
These conditions apply not only to LMCIT, but also costs. Damages do not include claim adjuster fees
to any rating advisory, rate service, or similar that are not allocated to each claim.
organization which makes inspections, surveys,
reports, or recommendations. The terms of the covenant, including those with
respect to:
5. PREMIUMS
a. The LMCIT's rights and duties with respect to the
The first "city" shown in the Declarations: defense of suits; and
a. Is responsible for the payment of all premiums; b. The "covered party's" duties, in the event of an
and occurrence, apply irrespective of the application
of the deductible amount.
b. Will be the payee for any return premiums.
LMCIT may pay any part or all of the deductible
6. TRANSFER OF "CITY'S" RIGHTS AND amount to effect settlement of any claim or suit and
DUTIES UNDER THIS COVENANT upon notification of the action taken, the first "city"
shall promptly reimburse LMCIT for such part of the
The "city's" rights and duties under this covenant deductible amount as has been paid by LMCIT.
may not be transferred without the written consent of
LMCIT. 9. ASSESSIBILITY
7. OVERLAP OF COVERAGE All "cities" in the joint coverage pool are jointly and
severally liable for all claims and expenses of the
In the event of a dispute between LMCIT and one or pool. The amount of any liabilities in excess of
more insurers as to which policy or coverage assets may be assessed to the members of the pool
agreement applies to a covered loss, LMCIT shall when a deficiency is identified.
indemnify the "city" for any legal or other expenses
which are necessarily incurred by the "city" in 10. SEPARATION OF "COVERED
determining whether LMCIT or the insurer(s) shall PARTIES"
bear the loss. Such indemnification shall be made
only if it is determined that payment of the loss shall As respects the particulars and statements contained
be made under this covenant. If the loss is shared by in the application for this coverage and the exclusion
LMCIT and one or more insurers, indemnification set forth herein, this coverage shall be construed as a
shall be made in the same proportion as the loss separate agreement with each "covered party".
payment. The "city" and LMCIT shall cooperate in Nothing in this paragraph shall be construed to
the development and execution of reasonable increase LMCIT's maximum liability set forth in the
procedures to resolve the dispute. Declarations.
8. DEDUCTIBLES 11. NUCLEAR HAZARD
LMCIT shall be liable to the "city" or to others on LMCIT under this covenant does not cover any loss
behalf of the "city" only to the amount of damages in or claim for damage that is caused in part or in total
excess of any deductible amounts. by nuclear reaction or radiation, or radioactive
contamination, however, caused.
For purposes of this section,damages include defense
costs. Defense costs means those costs which are
•
LMCIT CCM(11-89)(Rev. 11-00) 2 of 3
12. CONCEALMENT OR FRAUD (2) A covered loss of contents or mobile property
in your care, custody and control that is used to
. This covenant is void if any "covered party" has maintain the operations of the "city", with respect
intentionally concealed or misrepresented any to coverage provided under an insurance policy of
material fact or circumstance relating to this the owner covering that property.
covenant.
(3) A covered loss resulting from the "city's"
13. OTHER COVERAGE maintenance or use, including loading or
unloading, of any owned automobile that is not a
a. Except as provided in paragraph b., this coverage trailer.
is excess over the following:
(4) A covered loss resulting from the "city's"
(1) Any liability insurance policy of another party maintenance or use, including loading or
on which the "covered party" is an additional unloading, of any trailer you do not own but
insured or additional named insured. which is connected to an owned automobile.
(2) Any other valid and collectible insurance (5) Any covered liability claim against a party
policy or other coverage, whether such other who has been added by endorsement as an
nal "covered party" under this covenant,
additional a
policy or coverage is primary, excess, contingent, dd p y
or any other basis, unless that policy or coverage unless that endorsement specifically provides that
is specifically written to be excess over this this covenant is excess.
covenant.
(6) A covered loss to a covered automobile as
b. This coverage is primary for any of the following provided by the Municipal Automobile Physical
losses: Damage Coverage.
• (1) A covered loss of business personal effects,
with respect to any coverage provided under the
employee's homeowners' insurance or similar
coverage.
LMCIT CCM(11-89)(Rev. 11-00) 3 of 3
Covenant Number: COMMON COVERAGE DECLARATIONS
CMC 21925 Coverage is Provided by:
THE LEAGUE OF MINNESOTA CITIES
Previous Covenant Number: INSURANCE TRUST LMC
CMC 20796 (Herein called LMCIT)
Leag,,e of m.esota
�m 1. CITY and MAILING ADDRESS: cities pmmating¢xcclCit,
OAK PARK HEIGHTS, CITY OF
14168 OAK PARK BLVD
STILLWATER MN 55082
Item 2. COVERAGE PERIOD: ONE YEAR
From: 07/07/01 To: 07/07/02 12:01 AM Standard Time at Mailing Address
on Common Coverage Declarations
Item 3. THE COVERED PARTY IS: CITY
Item 4. COVERAGE PARTS:
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF
THIS COVENANT,LMCIT AGREES TO PROVIDE THE COVERED PARTY WITH COVERAGES
SHOWN BELOW FOR WHICH A PREMIUM CHARGE IS STATED:
PROPERTY, CRIME AND BOND Premium
Property $ 11 ,485
Additional Covered Loss or Damages INCLUDED
Water and Supplemental Flood Coverage INCLUDED
• Crime INCLUDED
Bond -Employee Dishonesty NOT COVERED
Bond - Faithful Performance NOT COVERED
BOILER AND MACHINERY NOT COVERED
MUNICIPAL LIABILITY $ 27,685
Medical Payments INCLUDED
AUTOMOBILE LIABILITY $ 3,072
AUTOMOBILE PHYSICAL DAMAGE $ 1,778
TOTAL $ 44,020
Item 5. GENERAL ANNUAL AGGREGATE DEDUCTIBLE: DOES NOT APPLY
Item 6. PREMIUM IS DUE AND PAYABLE: ANNUAL - IN ADVANCE
Item 7. FORMS APPLICABLE TO ALL COVERAGE PARTS:
CCM(11-00) DEC-011(11-99) DEC-012(11-99) DEC-013(11-99)
DEC-016(11-00)
• :tI erN
If l
Execut e Ifu ctor,LMCIT
LMCIT DEC-011(11/86)(Rev.11/99) Administered by:Berkley Risk Administrators Company,LLC
Covenant #: MUNICIPAL PROPERTY and CRIME and
CMC 21925 BOILER AND MACHINERY DECLARATIONS
Coverage is provided by: LMC
THE LEAGUE OF MINNESOTA CITIES
INSURANCE TRUST
• (Herein called LMCIT) ]engne of Minnesota Cities
Cities promoting excellence
Item 1. CITY: OAK PARK HEIGHTS, CITY OF
Item 2. COVERAGE PERIOD: ONE YEAR
From: 07/07/01 To: 07/07/02 12:01 A.M. Standard Time at
Mailing Address indicated on
Common Coverage Declarations
Item 3. THE COVERED PARTY IS: CITY
Item 4. COVERAGE:
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS
OF THIS COVENANT, LMCIT AGREES TO PROVIDE THE COVERED PARTY WITH
COVERAGES SHOWN BELOW FOR WHICH A LIMIT IS STATED:
Item 5. COVERAGE PART ONE - PROPERTY
Section I - Property Blanket Limit of Coverage Per Occurrence $ 6,626,004
This blanket limit is subject to the sublimits as described
in Section V, Limits of Coverage and Valuation
• Section II- Additional Covered Loss or Damages
1 . Asbestos Clean up, Abatement and Removal $ 250,000 Per Location
2. Loss of Revenue,Extra Expense and Expediting Expense $5,000,000 Per Location
3 . Debris Removal(Direct Physical Damage to Covered Property) $1,000,000 Per Occurrence
(No Direct Physical Damage to Covered Property) $ 50,000 Per Occurrence
4. Leasehold Interest $ 500,000 Per Location
5 . Pollutant Cleanup and Removal $ 10,000 Per Location
6. Errors $ 500,000 Per Occurrence
7 . Rental Reimbursement $ 25,000 Annual Aggregate
8. Arson Reward $ 5,000 Per Fire Loss
9. Accounts Receivable $ 500,000 Per Location
10. Valuable Papers & Records $ 500,000 Per Location
11. Year 2000 - Extra Expense $ 5,000 Per Occurrence/
5,000 Annual Aggregate
• Section IV -Water and Supplemental Flood Coverage $ 500,000 Per Occurrence/
500,000 Annual Aggregate
LMCIT DEC-012(11-86)(Rev.11/99) Page 1 of 3
LMC
• League of Minnesota Cities
Cities promoting excellence
ITEM 6. REFER TO SCHEDULE OF COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN
THE SECTION I COVERAGE;THE SCHEDULE OF COVERED MOBILE PROPERTY FOR THE
MOBILE PROPERTY INCLUDED IN THE SECTION I COVERAGE AND THE SCHEDULE OF
COVERED PROPERTY FOR THOSE LOCATIONS INCLUDED IN SECTION IV COVERAGE.
ITEM 7. DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate Deductible,if any,
shown on Common Coverage Declarations):
COVERAGE PART ONE - PROPERTY $ 500. PER OCCURRENCE
ITEM 8. COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS
COVERAGE.
ME063(11-95) MPCB(11-00) PM-100(11-97) PM-109(11-97)
PM-110(11-97)
•
ITEM 9. MORTGAGE HOLDER(if applicable):
ITEM 10. COVERAGE PART TWO - CRIME
LIMIT OF COVERAGE PER OCCURRENCE: $ 100,000.
ITEM 11. DEDUCTIBLE (Deductible applies per occurrence subject to General Annual Aggregate
Deductible,if any,shown on Common Coverage Declarations):
COVERAGE PART TWO - CRIME $ 500. PER OCCURRENCE
ITEM 12. COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS
COVERAGE.
MPCB(11-00) ME063(11-95)
•
LMC1T DEC-012(11-86)(Rev.11-99) Page 2 of 3
MC
• League o nn
Cities promoting excellence
Item 13. COVERAGE PART THREE - BOND
Item 13A. BOND - EMPLOYEE DISHONESTY COVERAGE
LIMIT OF COVERAGE PER OCCURRENCE: $
DEDUCTIBLE(Deductible applies per occurence subject to General Annual Aggregate
Deductible, if any, shown on Common Coverage Declarations):
DEDUCTIBLE- EMPLOYEE DISHONESTY COVERAGE $ PER OCCURRENCE
Item 13B. BOND - FAITHFUL PERFORMANCE COVERAGE
LIMIT OF COVERAGE PER OCCURRENCE: $
DEDUCTIBLE(Deductible applies per occurence subject to General Annual Aggregate
Deductible, if any, shown on Common Coverage Declarations):
DEDUCTIBLE- FAITHFUL PERFORMANCE COVERAGE$ PER OCCURRENCE
Item 14. COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS
COVERAGE.
•
Item 15. BOILER AND MACHINERY COVERAGE
COVERAGE PARTS,FORMS,SCHEDULES AND ENDORSEMENTS APPLICABLE TO THIS
COVERAGE.
Item 16. DEDUCTIBLE BOILER AND MACHINERY $ PER ACCIDENT
•
LMCIT DEC-012(11-86)(Rev,11/99) Page 3 of 3
• Definition of "City" Endorsement
It is understood and agreed that "city" is amended to include:
Economic Development Authority
All other terms and conditions remain unchanged.
•
LMCIT ME063(11/95)
•
LMC
League of Minnesota Cities
Cities promoting excellence
MUNICIPAL PROPERTY, CRIME AND BOND
• COVERAGE
•
LMCIT MPCB(11-99)(Rev. 11-00)
•
LMC
League of Minnesota Cities
Cities promoting excellence
_J
MUNICIPAL PROPERTY COVERAGE
PART ONE
•
LMCIT MPCB(11-99)(Rev. 11-00)
• MUNICIPAL PROPERTY, CRIME AM) BOND COVERAGE
WHAT IT IS AND WHERE YOU CAN FIND IT INDEX
PROPERTY COVERAGE - PART ONE Lmc
League of Minnesota Cities
Cities promoting excellence
PAGE
SECTION I - PROPERTY COVERAGE 1
1. COVERAGE AGREEMENT 1
a. COVERED PROPERTY 1
b. PROPERTY NOT COVERED 1-2
SECTION II - ADDITIONAL COVERED LOSS OR DAMAGE 2
1. COVERAGE AGREEMENT 2
a. LOSS OF REVENUE, EXTRA EXPENSE AND EXPEDITING EXPENSE 2
• b. DEBRIS REMOVAL 2
c. LEASEHOLD INTEREST 2-3
d. ACCOUNTS RECEIVABLE 3
e. VALUABLE PAPERS AND RECORDS 3
2. COVERAGE AGREEMENT 3
a. ASBESTOS CLEANUP, ABATEMENT AND REMOVAL 3
b. POLLUTANT CLEANUP AND REMOVAL 3
c. ERRORS 3
d. RENTAL REIMBURSEMENT 3-4
e. ARSON REWARD 4
f. YEAR 2000 EXTRA EXPENSE 4
g. EXTRAORDINARY EXPENSE 4
SECTION III - CAUSES OF LOSS AND DAMAGES NOT COVERED 5-6
SECTION IV - WATER AND SUPPLEMENTAL FLOOD COVERAGE 6-7
SECTION V - LIMITS OF COVERAGE AND VALUATION 7-11
SECTION VI - DEFINITIONS 12-16
SECTION VII - CONDITIONS 16-19
411
LMCIT MPCB(11-99)(Rev. 11-00) i
MUNICIPAL PROPERTY COVERAGE
• PART ONE
Various provisions in this covenant restrict coverage. Insurance Trust. The words you and your refer to the
Read the entire covenant carefully to determine city shown in the Declarations. The words we, us,
rights, duties and what is or is not covered. and our refer to LMCIT providing this covenant.
Throughout this covenant, the word city refers to the Other words and phrases that appear in italics have
first city shown in the Declarations. The word special meaning, as given in SECTION VI -
LMCIT refers to the League of Minnesota Cities DEFINITIONS.
SECTION I - PROPERTY COVERAGE
1. COVERAGE AGREEMENT (4) We will pay for loss to covered property in
transit as described in SECTION V-LIMITS OF
We will pay for direct physical loss of or damage to COVERAGE AND VALUATION.
your covered property unless the cause of loss or
damage is not covered, as described under SECTION (5) We will pay for loss to covered property that is
III - CAUSES OF LOSS AND DAMAGES NOT temporarily at an unscheduled location that you
COVERED. The amount we will pay for loss or do not own, lease or operate, as described in
damage is limited as described in SECTION V - SECTION V - LIMITS OF COVERAGE AND
LIMITS OF COVERAGE AND VALUATION. VALUATION.
• a. COVERED PROPERTY b. PROPERTY NOT COVERED
(1) We will cover the following types of property. We will not cover the following types of property:
(a) Buildin g/contents described in the Schedule (1) Aircraft;
of Covered Property.
(2) Animals (except for police dogs);
(b) Property in the open described in the
Schedule of Covered Property. (3) Automobiles,vehicles,or self-propelled machines
that are licensed for use on public roads;
(c) Mobile property valued at $25,000
replacement cost or less if identified as covered (4) Bills,currency,deeds,evidences of debt,money,
on the Schedule of Covered Mobile Property;and notes or securities;
mobile property valued at greater than $25,000
replacement cost and is listed on the Schedule of (5) Bridges, roadways, walks, patios or other paved
Covered Mobile Property. surfaces, except golf course property;
(2) We will pay for loss to newly acquired covered (6) Contraband or property in the course of illegal
property as described in SECTION V - LIMITS transportation or trade;
OF COVERAGE AND VALUATION.
(7) Cost of excavations, grading, backfilling or
(3) We will pay for loss to your buildings in the filling;
• course of construction, alteration, or repair as
described in SECTION V - LIMITS OF (8) Land, subsoil, crops or lawns, except golf course
COVERAGE AND VALUATION. property;
LMCIT MPCB(11-99)(Rev. 11-00) Page 1 of 19
(9) Pilings, piers, wharves or docks; (12) Retaining walls that are not part of the covered •
property;
(10) Underground and buried pipes, flues or drains;
(13) Transmission and distribution lines and poles
(11) Foundations of buildings,structures,machinery and equipment that are usual to the transmission
or boilers if their foundations are below: of electricity. This does not include substations
and transformers.
(a) The lowest basement floor; or
(14) Trees and shrubs that are not within 100 feet of
(b) The surface of the ground, if there is no a building.
basement;
SECTION II - ADDITIONAL COVERED LOSS OR DAMAGE
1. COVERAGE AGREEMENT c. LEASEHOLD INTEREST
We will provide coverage for the following loss or (1) We will provide coverage for leasehold interest
damage unless the cause of loss or damage is not resulting from direct physical loss or damage to
covered,as described under SECTION III-CAUSES Covered property.
OF LOSS AND DAMAGES NOT COVERED. The
amount we will pay for loss or damage is limited as (2) Leasehold interest means:
described in SECTION V - LIMITS OF
COVERAGE AND VALUATION. (a) The excess of the fair rental value of similar
premises over the actual rent payable by you as •
a. LOSS OF REVENUE, EXTRA EXPENSE lessee (including any maintenance or operating
AND EXPEDITING EXPENSE charges paid by the lessee) during the unexpired
term of the lease; and
We will pay for the actual loss of revenue, extra
expense or expediting expense sustained by you due (b) The rental income that would have been
to the necessary suspension of your operations during earned by you from sublease agreements, over
the period of recovery caused by direct physical loss and above the rental expense specified in the
or damage to any covered property. lease between you and the lessor.
b. DEBRIS REMOVAL (3) When covered property is rendered wholly or
partially untenantable by a direct physical loss or
We will cover the following debris removal expenses: damage and the lease is canceled by the lessor in
accordance with the conditions of the lease or by
(1) The cost of removal of debris of covered statutory requirements of the state in which the
property and non-covered property from a damaged or destroyed covered property is
covered location resulting from direct physical located, we will cover the pro rata proportion
loss or damage to covered property; or from the date of loss to expiration date of the
lease (to be paid without discount) on your
(2) The cost of removal of debris of non-covered interest in:
property from your covered location which
results from a specified cause of loss. (a) Improvements and betterments to covered
property during the unexpired term of the lease
that is not covered under any other section of •
Part One of the covenant; or
LMCIT MPCB(11-99)(Rev. 11-00) Page 2 of 19
(b) The amount of advance rental paid by you expenses are incurred within 90 days of the date
• and not recoverable under the terms of the lease of direct physical loss or damage.
for the unexpired term of the lease.
b. POLLUTANT CLEANUP AND
(4) We will cover your leasehold interest when your REMOVAL
covered property is rendered wholly or partially
untenantable and the lease is canceled by the (1) We will provide coverage for pollutant cleanup
lessor in accordance with the conditions of the and removal resulting from direct physical loss or
lease or by statutory requirements of the state in damage to covered property.
which the damaged or destroyed covered
property is located. (2) We will cover the costs of testing that are
incurred in the course of extracting pollutants
(5) We will cover your leasehold interest for the first from land or water and any expense incurred to
three months succeeding the date of the loss and test for, monitor, or assess the existence,
the net lease interest for the remaining months of concentration, or effects of pollutants.
the unexpired lease. We will not be liable for
any increase of loss that may be occasioned by c. ERRORS
the suspension, lapse, or cancellation of any
license, or by the exercising of any option to We will pay for loss to any covered property if the
cancel the lease. loss is not covered solely because of:
d. ACCOUNTS RECEIVABLE (1) Any inadvertent error in the description or
location of the building and contents,property in
We will pay for loss or damage to your accounts the open or mobile property covered by the
• receivable caused by direct physical loss or damage covenant, which inadvertent error existed at the
to your accounts receivable. inception date of the covenant; or
e. VALUABLE PAPERS AND RECORDS (2) Any inadvertent error in the description or
location of the building/contents,property in the
We will pay for loss or damage to valuable papers open or mobile property in endorsements to the
and records caused by direct physical loss or damage covenant; or
to your valuable papers and records.
(3) Failing through an inadvertent error to schedule
2. COVERAGE AGREEMENT (a) any building/contents, property in the open,
or mobile property owned by the city at the
We will provide coverage for the following loss or inception of the covenant, or (b) any newly
damage. The amount we will pay for loss or damage acquired building/contents,property in the open
is limited as described in SECTION V- LIMITS OF or mobile property during the term of the
COVERAGE AND VALUATION. coverage document.
a. ASBESTOS CLEANUP, ABATEMENT (4) It is a condition of this coverage that such
AND REMOVAL inadvertent error shall be reported and corrected
when discovered.
(1) We will pay for your expense to clean up, abate
or remove from covered property asbestos d. RENTAL REIMBURSEMENT
particles that are discharged, dispersed, or
released. We will pay for rental reimbursement expenses
incurred by you for the rental of mobile property that
• (2) The expenses to clean up, abate or remove was a result of a covered loss to your mobile
asbestos particles will be paid only if such property.
LMCIT MPCB(11-99)(Rev. 11-00) Page 3 of 19
(1) No deductibles apply to this coverage. (2) Limit.
(2) This coverage does not apply while there is •
( ) g pp y s spare LMCIT will not pay more than $100,000 for
or reserve equipment available to you for your claims under this section during the coverage
operations. year, regardless of the number of claims,
occurrences or incidents.
e. ARSON REWARD
(3) Retroactive premium.
In the event that a covered fire loss was the result of
an act of arson, we will reimburse you for rewards For any claims for extraordinary expense which
you pay for information leading to convictions for are paid under this section, the city must pay a
that act of arson. retroactive premium to LMCIT. The retroactive
premium will equal the amount needed to
f. YEAR 2000 EXTRA EXPENSE reimburse LMCIT for the full amount of any
claims which LMCIT pays under this section.
We will pay for your expenses that are necessarily The city may, at its discretion,pay the retroactive
incurred: premium in equal annual installments over a
period of up to five years from the date the claim
(1) To mitigate loss that is directly or indirectly is paid. Each installment will be billed and
caused by a year 2000 problem; and payable with the city's annual renewal premium
for LMCIT property/casualty coverage. If the
(2) To implement any contingency plan to maintain city ceases to be a member of the LMCIT
your operations if any of your operations are property/casualty program, the full amount,
impaired by a year 2000 problem. together with any accrued interest, will be
immediately due and payable on the date that the
We will not pay any of your expenses to determine or city ceases to be a member.
to correct a year 2000 problem.
No interest will apply if reimbursement is made
g. EXTRAORDINARY EXPENSE within one year of the date the cost or expense
was incurred. If the city elects to pay the
(1) Extraordinary expense coverage. retroactive premium in more than one annual
installment, interest at the rate of 3% annually
LMCIT will pay for any extraordinary and shall be included in the retroactive premium,
unanticipated cost or expense the city incurs beginning one year from the date the cost or
which: expense was incurred.
(a) Is necessary for the purpose of protecting the (4) Coverage termination.
public health and safety,protecting city property,
or meeting the city's legal obligations; and The LMCIT Board of Trustees may terminate
coverage under this section at any time upon 10
(b) Is not covered by any other provision of this days written notice to the city, if the Board
covenant, any other LMCIT coverage covenant, determines that it is necessary to protect the
or any insurance policy. interests of LMCIT or its member cities.
Termination of this coverage shall not affect any
The city must provide to LMCIT any information claims which the city has submitted to LMCIT
or documentation needed or requested in order to before the effective date of termination of
determine if these conditions are met. The coverage.
determination of whether these conditions are
111
met will be at LMCIT's sole discretion.
LMCIT MPCB(11-99)(Rev. 11-00) Page 4 of 19
SECTION III - CAUSES OF LOSS AND
e DAMAGES NOT COVERED
1. CAUSES OF LOSS NOT COVERED c. WAR
We will not pay for loss or damage caused directly or (1) War, including undeclared or civil war;
indirectly by any of the following. Such loss or
damage is excluded regardless of any other cause or (2) Warlike action by a military force, including
event that contributes concurrently or in any sequence action in hindering or defending against an actual
to the loss. or expected attack, by any government,
sovereign or other authority using military
a. WATER personnel or other agents; or
(1) Flood, surface water, waves, tides, tidal waves, (3) Insurrection, rebellion, revolution, usurped
overflow of any body of water, or their spray, all power,or action taken by governmental authority
whether driven by wind or not; in hindering or defending against any of these.
(2) Mudslide or mudflow; d. YEAR 2000 CLAIMS
(3) Water that backs up or overflows from a sewer, Any year 2000 problem.
drain or sump; or
But if loss or damage by a specified cause of loss
(4) Water under the ground surface pressing on, or results, we will pay for the resulting loss or damage.
• flowing or seeping through:
This exclusion does not apply to Year 2000 Extra
(a) Foundations,walls,floors or paved surfaces; Expense as provided in SECTION II, 2.f.
(b) Basements, whether paved or not; or 2. DAMAGES NOT COVERED
(c) Door, windows or other openings; We will not pay for the following damages:
except for coverage that is provided by water and a. Damage to your electrical devices, appliances or
supplemental flood coverage as described in wires caused by artificially generated electric
SECTION IV - WATER AND current including electric arcing.
SUPPLEMENTAL FLOOD COVERAGE.
This exclusion does not apply to computer
But if loss or damage by fire, explosion or equipment data and media.
sprinkler leakage results, we will pay for that
resulting loss or damage. b. Damage from the discharge, dispersal, seepage,
migration, release or escape of pollutants.
This exclusion does not apply to mobile property.
This exclusion does not apply if the discharge,
b. NUCLEAR HAZARD dispersal,seepage,migration,release ofpollutants
is itself caused by a specified cause of loss.
Nuclear reaction or radiation, or radioactive
contamination, however caused. This exclusion does not apply to pollutant cleanup
and removal as provided in SECTION II, 2.b.
• But if loss or damage by fire results, we will pay for
that resulting loss or damage.
LMCIT MPCB(11-99)(Rev. 11-00) Page 5 of 19
c. Damages caused by dishonest or criminal acts by f. The cost to repair or replace mechanical
you, or your employees, breakdown, including rupture or bursting caused
by centrifugal force. •
(1) Acting alone or in collusion with others; or
This exclusion does not apply to computer
(2) Whether or not occurring during the hours of equipment data and media.
employment.
g. Damages caused by:
This exclusion does not apply to acts of
destruction by your employees; but theft by (1) Rust, corrosion, fungus, decay, deterioration,
employees is not covered. hidden or latent defect, mold or disease;
d. Damages caused by explosion of steam boilers, (2) Settling, shrinking or expanding; or
steam pipes, steam engines or steam turbines
owned or leased by you, or operated under your (3) Wear and tear.
control.
This exclusion does not apply if the above damage
But if loss or damage by fire or combustion results from a specified cause of loss.
explosion results, we will pay for that resulting
loss or damage. The exclusion for damages caused by disease does
not apply to police dogs.
We will also pay for loss or damage caused by or
resulting from the explosion of gases or fuel within h. Unexplained loss, mysterious disappearance, or
the flues or passages through which the gases of shortage disclosed upon taking inventory.
combustion pass.
i. Seizure or destruction of property by order of •
e. The cost to repair or replace faulty workmanship, governmental authority.
materials, construction or design.
But we also will pay for acts of destruction
This exclusion does not apply to computer ordered by governmental authority and taken at
equipment data and media. the time of a fire to prevent its spread, if the fire
would be covered under this coverage part.
SECTION IV - WATER AND
SUPPLEMENTAL FLOOD COVERAGE
1. COVERAGE AGREEMENT direct physical loss of or damage to your building/
contents or property in the open;
a. For your building/contents or property in the
open, subject to the exclusions and limitations in which are caused by:
paragraph b. below, we will pay for:
(a) Flood, surface water, waves, tides, tidal
(1) Direct physical loss of or damage to your waves, overflow of any body of water, or their
buildings/contents or property in the open spray, all weather driven by wind or not;
described in the Schedule of Covered Property;
and (b) Mudslide or mudflow;
(2) Any additional covered losses or damages as (c) Water that backs up or overflows from a •
described in SECTION II - ADDITIONAL sewer, drain or sump; or
COVERED LOSS OR DAMAGE as a result of
LMCIT MPCB(11-99)(Rev. 11-00) Page 6 of 19
I ,
(d) Water under the ground surface pressing (3) For any building/contents or property in the
411 on, or flowing or seeping through: open for which Code C is shown on the Schedule
of Covered Property, we will not pay for any loss
i) Foundations, walls, floors or paved or any damage resulting from any occurrence for
surfaces; which a national flood insurance program
coverage would cover any loss or any damage.
ii) Basements, whether paved or not; or
(4) For any newly acquired covered property,
iii) Doors, windows or other openings. buildings in the course of construction, alterations
or repair, covered property in transit or covered
But if loss or damage by fire, explosion or property that is temporarily at an unscheduled
sprinkler leakage results, we will not pay for that location as provided by SECTION I, l.a.,
resulting loss or damage under this SECTION IV. COVERED PROPERTY, that are not shown on
the Schedule of Covered Property, we will pay
b. (1) For any building/contents or property in the any loss or any damage as if the water and
open for which Code A is shown on the Schedule supplemental flood coverage was shown as Code
of Covered Property, no additional exclusions C on the Schedule of Covered Property.
apply to the coverage provided under this section.
2. LIMITS OF COVERAGE
(2) For any building/contents or property in the
open for which Code B is shown on the Schedule
The maximum amount we will pay for all losses or
of Covered Property, the coverage provided by damages covered under this SECTION IV is limited
this' section is specifically in addition to and in as described in SECTION V - LIMITS OF
excess of the applicable national flood insurance COVERAGE AND VALUATION.
• program coverage.
SECTION V - LIMITS OF COVERAGE AND VALUATION
1. LIMITS OF COVERAGE c. The sublimity stated below are per occurrence and
are part of and not in addition to the blanket Iimit
a. We will not pay for more than the blanket limit per of occurrence:
occurrence specified in Item 5 of the Declarations.
(1) Computer equipment data and media:
b. We will not pay for loss or damage in any one $1,000,000
occurrence until the amount of loss or damage
exceeds the Deductible in Item 7 of the (2) Fine arts: $500,000
Declarations. We will then pay the amount of loss
or damage in excess of the Deductible, up to the (3) Covered property in transit: $250,000
applicable limits of coverage.
(4) Unscheduled locations: $500,000
(1) The Deductible applies against the total loss
incurred by you from any one occurrence, (5) Personal effects: $25,000 per occurrence,
regardless of the number of locations involved. but not to exceed $2,500 per employee
(2) If two or more deductibles in Item 7 of the (6) Golf course property: $100,000 per
Declarations for property coverage apply to one occurrence for direct damage to golf course
• occurrence for you, the total to be deducted will property and debris removal of covered property
not exceed the largest deductible applicable. and non-covered property.
LMCIT MPCB(11-99)(Rev. 11-00) Page 7 of 19
•
(7) Business personal effects: $25,000 per (10) Accounts receivable: $500,000 per location •
occurrence, but not to exceed $5,000 per
employee (11) Valuable papers and records: $500,000 per
location
d. The sublimits stated below are in addition to the
blanket limit of occurrence: (12) Year 2000 extra expense: 85% of the
expense, up to a limit of $5,000 per occurrence
(1) Newly acquired covered property: and a $5,000 annual aggregate.
$5,000,000
f. The limits for water and supplemental flood
(2) Buildings in the course of construction, coverage are specified in Item 5 of the
alterations or repair: $2,000,000 Declarations and are stated below:
e. The limits for the additional covered loss or (1) $500,000 per occurrence.
damage are specified in Item 5 of the Declarations
and are listed below. The limits are in addition to (2) The water and supplemental flood coverage
the blanket limit of occurrence. annual aggregate is the most we will pay for water
and supplemental flood coverage loss during the
(1) Asbestos clean-up, abatement and removal: annual coverage period.
$250,000 per location
(3) The sublimits stated below are per occurrence
(2) Loss of revenue, extra expense and expediting and are part of and not in addition to the per
expense: $5,000,000 per occurrence occurrence limit:
(3) Debris removal: $1,000,000 per occurrence. (a) Golf course property: $100,000
•
However, if there is no direct physical loss or
damage to covered property, the most we will pay (b) Property in transit: $250,000
is $50,000 per occurrence.
2. LOSS VALUATION
These limits do not apply to golf course property.
a. GENERAL PROVISIONS
(4) Extraordinary expense: $100,000 per annual
aggregate (1) Definitions.
(5) Leasehold interest: $500,000 per location (a) Covered property is deemed to be destroyed
if the replacement cost to rebuild or replace the
(6) Pollutant cleanup and removal: $10,000 per property is less than the sum of the replacement
location cost to repair the property plus the reduction if
(7) Errors: 90% of the loss, subject to $500,000 any in the appraised value of the repaired
property.
per occurrence
(8) Rental reimbursement: $25,000 per annual (b) Replacement cost means the cost to repair or
replace covered property that is damaged or
aggregate destroyed, using new materials of equivalent
size, kind and quality. Replacement cost
(9) Arson reward: $5,000 per fire loss includes any additional costs necessary to comply
with building codes.
LMCIT MPCB(I 1-99)(Rev. 11-00) Page 8 of 19
(2) Adjustment. (2) Computer equipment, data and media.
• Except as provided in b. below, in the event of For computer equipment, data, or media,
direct physical loss of or damage to your covered LMCIT will pay the cost to replace destroyed
property, the basis of adjustment will be as equipment with equipment of greater processing
follows: ability; the cost to reproduce or restore the data;
and the cost to repair or replace media with the
(a) If the covered property is destroyed and is same kind and quality of material. Any
replaced or rebuilt, LMCIT will pay the replacement equipment must be able to perform
replacement cost. If the covered property is the same function as the destroyed equipment.
replaced at a different site, the cost cannot be
greater than if you would have rebuilt at the same Unauthorized intrusive codes or programming,
site. commonly known as a computer virus or hacking
intrusion, that are entered into your computer
(b) If the covered property is destroyed and is equipment, data and media,are considered direct
not replaced or rebuilt, LMCIT will pay the physical loss of or damage to your covered
appraised value of the property at the time of the property.
loss.
(3) Accounts receivable.
(c) If the covered property is damaged but not
destroyed and is repaired, LMCIT will pay the For accounts receivable, LMCIT will pay for all
actual replacement cost to repair the property amounts due from your customers that you are
plus the amount of the reduction, if any, in the unable to collect; interest charges on any loan
appraised value of the repaired property. required to offset amounts you are unable to
collect pending our payment of these amounts;
• (d) If the covered property is damaged but not collection expenses in excess of your normal
destroyed and remains in service without being collection expenses that are made necessary by
repaired, LMCIT will pay the amount of the the loss; and other reasonable expenses you incur
reduction, if any, in the appraised value of the to re-establish your accounts receivable. If you
damaged property. are unable to establish the amount of accounts
receivable outstanding at the time of the loss, we
(e) If the covered property is damaged but not will use the average monthly amounts of
destroyed and the city elects not to repair it but to accounts receivable for the 12 months
raze or otherwise dispose of the property, immediately preceding the month in which the
LMCIT will pay to the city the estimated loss occurs, adjusting to reflect the normal
replacement cost to repair the property. business during the loss month.
In any event, LMCIT will not pay you more than (4) Fine arts.
your financial interest in the covered property.
For fine arts which are destroyed, LMCIT will
b. SPECIAL PROVISIONS pay the appraised value, regardless of whether
the covered property is replaced or not.
(1) Valuable papers.
(5) Mobile property.
For valuable papers and records, LMCIT will
pay the cost of blank materials for reproducing For mobile property that is damaged or
the records, plus the cost of labor to transcribe or destroyed,LMCIT will not pay for more than the
copy the records when there is a duplicate, or to amount you actually spent to repair or replace the
• reproduce the data of records. damaged mobile property; or 200% of the
appraised value of the damaged property,
whichever is less.
LMCIT MPCB(1 I-99)(Rev. 11-00) Page 9 of 19
(6) Police dogs. c. LOSS OF REVENUE, EXTRA EXPENSE
AND EXPEDITING EXPENSE PROVISIONS •
A police dog is considered to be destroyed if
because of injury or disease the dog is not able to (1) The amount of loss of revenue loss LMCIT will
perform the dog's normal functions and there is pay, will be determined based on:
no reasonable prospect that the dog will be able
to do so. (a) The gross revenue of the city before the
direct physical loss or damage occurred;
(a) For police dogs that are destroyed, LMCIT
will pay for the cost to replace the dog and the (b) The likely gross revenue of the city if no
cost of any necessary training. physical loss or damage had occurred;
(b) If a police dog is injured as a result of an (c) The operating expenses, including payroll
accident or an intentional act, LMCIT will pay expenses, necessary to resume operations with
the cost of necessary treatment and care to enable the same quality of service that existed just
the dog to resume performing the dog's normal before the direct physical loss or damage; and
functions. But LMCIT will not pay the cost of
treatment and care to treat or prevent disease. (d) Other relevant sources of information,
including:
For any single occurrence, LMCIT will not pay
more than the amount you actually spend to i) Your financial records and accounting
replace the police dog or for care and treatment procedures;
of the police dog,or 200% of the appraised value
of the police dog, whichever is less. ii) Bills, invoices and other vouchers; and
(7) Trees and shrubs. iii) Deeds, liens or contracts. •
(a) For a tree or shrub which is destroyed, (2) The amount of extra expense loss LMCIT will
LMCIT will pay the actual cost to replace it with pay will be determined based on:
a tree or shrub of similar type and of a size that
is normally considered to be reasonable and (a) All expenses that exceed the normal
practical to transplant, regardless of whether the operating expenses that would have been incurred
tree or shrub is replaced or not. by operations during the period of recovery if no
direct physical loss or damage had occurred. We
(b) For a tree or shrub that is damaged but not will deduct from the total of such expenses:
destroyed, LMCIT will pay the actual cost of any
service, treatment, or repair that is actually i) The salvage value that remains of any
performed. property bought for temporary use during the
period of recovery once operations are
But, we will not pay more than the actual cost to resumed;
replace it with a tree or shrub of similar type and
of a size that is normally considered to be ii) Any extra expense that is paid for by
reasonable and practical to transplant. other insurance, except for insurance that is
written subject to the same plan, terms and
(8) Business personal effects. conditions and provisions as this insurance;
and
Notwithstanding the provisions of paragraph 13.
of the Common Conditions,LMCIT coverage for (b) All necessary expenses that reduce the
business personal effects is primary with respect business income loss that otherwise would have
to any coverage provided under the employee's been incurred. •
homeowner's insurance or similar coverage.
LMCIT MPCB(11-99)(Rev. 11-00) Page 10 of 19
(3) We will reduce the amount of your: (2) The appraised value of covered property after the
loss or damage;
• (a) Loss of revenue loss,other than extra expense
or expediting expense to the extent you can (3) The appraised value of covered property after
resume your operations, in whole or in part, by repair; or
using damaged or undamaged property(including
merchandise or stock)at the described location or (4) The estimated cost to repair the covered
elsewhere. property.
(b) Extra expense or expediting expense loss to In this event, each party will select a competent and
the extent you can return your operations to impartial person. Each appointee shall be a
normal and discontinue such extra expense or professional appraiser or other person with
expediting expense. appropriate professional expertise. The two
appointees will select an umpire. If they cannot
However, if you do not resume operations, or do agree, either may request that selection be made by
not resume operations as quickly as possible, we a judge of a court having jurisdiction. The two
will pay based on the length of time it would appointees will each separately state their respective
have taken to resume operations as quickly as estimates of the value or cost which is in question. If
possible. they fail to agree, they will submit their differences
to the umpire. A decision agreed to by any two will
d. APPRAISAL AND ARBITRATION be binding. Each party will:
Either party may make a written demand for (a) Pay the cost of its own appointee; and
arbitration if the city and LMCIT disagree on any of
the following: (b) Share equally the expense of the umpire and
• any other expenses related to the arbitration
(1) The appraised value of covered property prior to process.
the loss or damage;
SECTION VI - DEFINITIONS
1. Accounts receivable means: (2) An amount to allow for probable bad debts
that you are normally unable to collect; and
a. All amounts due from your customers that you
are unable to collect and there is a loss; (3) All unearned interest and service charges.
b. Interest charges on any loan required to offset 2. Automobile means a land motor vehicle, trailer or
amounts you are unable to collect pending our semi-trailer designed for travel on public roads.
payment of these accounts;
3. Blanket means the limit of coverage can be
c. Collection expenses in excess of your normal applied to any of the following:
collection expenses that are made necessary by the
loss; and a. Any covered building at each location;
d. Other reasonable expenses that you incur to re- b. Any covered contents at each location;
establish your records of accounts receivable.
c. Any covered property in the open at each
e. Accounts receivable does not include: location; or
(1) The amount of the accounts that you are d. Any covered mobile property.
able to re-establish or collect;
LMCIT MPCB(11-99)(Rev. 11-00) Page 11 of 19
4. Building means the building or structure including: a. Gas, electrical, or steam utilities commission;
a. Completed additions; b. Port authority, housing and redevelopment •
authority, economic development authority, area
b. Permanently installed fixtures, machinery and or municipal redevelopment authority, or similar
equipment; agency;
c. Outdoor fixtures; c. Municipal power agency;
d. Contents owned by you that are used to d. Municipal gas agency;
maintain or service the building or structure or its
premises, including: e. Hospital or nursing home board or
commission;
(1) Fire extinguishing equipment;
f. Airport commission;
(2) Outdoor furniture;
g. Welfare or public relief agency;
(3) Floor coverings; and
h. School board; or
(4) Appliances used for refrigerating,
ventilating, cooking, dishwashing or i. Joint powers entity.
laundering; or
8. Computer equipment, data and media means a
e. If not covered by other insurance: network of machine components capable of
accepting information, processing it according to
(1) Additions under construction, alterations plan and producing the desired results. It
and repairs to the building or structure; includes:
(2) Materials, equipment, supplies and a. Air conditioning,fire protection equipment and
temporary structures, on or within 100 feet of electrical equipment used exclusively in your
the described building, used for making computer operations;
additions, alterations or repairs to the building
or structure. b. Facts, concepts or instructions in a form usable
for communications;
5. Building/contents, as described in the Schedule of
Covered Property, means the following: c. Interpretation or processing by automatic
means; or
a. Building; or
d. Computer programs and materials on which the
b. Contents. data is recorded.
6. Business personal effects means personal property 9. Contents means property located in or on the
of your employees that is used to maintain the building described in the Declarations or in the
operations of the city. open (or in a vehicle) within 100 feet of the
described building, consisting of the following:
7. City means governmental body or entity first
named in the Declarations. For purposes of this a. Furniture and fixtures;
coverage, city includes relief associations. Unless
specifically named in the Declarations, city shall b. Machinery and equipment;
not include:
•
c. Stock;
LMCIT MPCB(11-99)(Rev. 11-00) Page 12 of 19
d. All other contents owned by you and used in direction and control;
your municipal operations;
• f. Other authorized person or agent of the city
e. Labor, materials or services furnished or while acting on behalf of the city, but excludes
arranged by you on contents of others; independent contractors;
f. Your use interest as tenant in improvements and g. City relief association members, officers, and
betterments. Improvements and betterments are employees; or
fixtures, alterations, installations or additions:
h. Any natural person employed by an
(1) Made a part of the building or structure employment contractor while that person is subject
you occupy but do not own; and to your direction and control and performing
services for you excluding, however, any such
(2) You acquired or made at your expense but person while having care and custody of property
cannot legally remove. outside the premises.
g. Contents of others that are in your care, But employee does not mean any agent, broker,
custody and control. factor, commission merchant, consignee,
independent contractor or representative of the
However, our payment for loss or damage to same general character.
contents will be for the account of the owner of
the property. 11. Expediting expense means the reasonable extra
cost of temporary repair and expediting the repair
h. Trees and shrubs; of damaged covered property, overtime and
express freight or other rapid means of
• i. Accounts receivable; transportation.
j. Computer equipment data or media; 12. Extra expense means the excess total cost
necessarily incurred to continue your operations
k. Valuable papers and records; as reasonably as practicable during the period of
recovery that is over and above the cost that
1. Personal effects; or would normally have been incurred to conduct
the operations during the same period had no loss
m. Fine arts. or damage occurred. It includes:
10. Employee means: a. Extra expense to avoid or minimize the
suspension of business and to continue
a. A person whom you compensate directly by operations:
salary, wages or commissions, and who you have
the right to direct or control while performing (1) At the described location; or
duties for you;
(2) At a replacement location or at temporary
b. Member of the city council; locations, including:
c. Member of a city board, commission, or (a) Relocation expenses; and
committee which is not excluded by the definition
of city; (b) Costs to equip and operate the
replacement or temporary locations.
d. Elected or appointed official of the city;
• b. Extra expense to minimize the suspension of
e. Volunteer person or organization while acting business if you cannot continue operations.
on behalf of the city and subject to the city's
LMCIT MPCB(11-99)(Rev. 11-00) Page 13 of 19
c. Extra expense to: 17. Loss of revenue means gross revenue, including
rental value, less charges and expenses that do •
(1) Repair or replace any covered property; or not necessarily continue.
(2) Research, replace or restore the lost 18. Mobile properly means:
information on damaged valuable papers and
records; a. Machinery or equipment designed for use
principally off public roads;
to the extent it reduces the amount of loss that
otherwise would have been payable under this b. Police dogs;
covenant.
c. Vehicles maintained for use solely on or next
13. Fine arts means property or articles of artistic or to locations owned or rented by you and not
historical value including paintings, etchings, licensed for highway use;
pictures, tapestries, statuary, marbles, bronzes,
porcelain, rare glass,antique silver,china,books d. Vehicles and its equipment whether self-
and manuscripts, rugs and similar articles. propelled or not,maintained primarily to provide
mobility to permanently mounted equipment;
14. Golf course property means bridges, paved
roadways, paved cart paths and other paved e. Tools;
surfaces, shelters, restrooms, ball washers,
screens, flags,markers, signs, tees, fairways and f. Business personal effects; or
greens.
g. Mobile property in your care, custody and
15. Joint powers entity means an operating entity control.
created by two or more governmental units •
entering into an agreement as provided by statute 19. Occurrence means an accident or event that
for the joint exercise of governmental powers. causes a direct physical loss or damage to
An intergovernmental agreement will be deemed covered property. Any continuous accident or
to create a joint powers entity if the agreement event that causes more than one direct physical
establishes a board with the effective power to do loss or damage to covered property during a 72
any of the following, regardless of whether the hour period constitutes an accident or event as a
specific consent of the constituent governmental single occurrence.
units may also be required:
20. Operations means:
a. To receive and expend funds;
a. Your city activities occurring at the described
b. To enter into contracts; location; or
c. To hire employees; b. The tenantability of the described location.
d. To purchase or otherwise acquire or hold real 21. Period of recovery means the period of time that:
or personal property; or
a. Begins immediately after the time of direct
e. To sue or be sued. physical loss or damage to covered property.
16. Location means the site of any building/contents b. Ends on the earlier of:
or property in the open listed in the Declarations
or attached schedules. (1) The date covered property is actually •
repaired, rebuilt or replaced and operations
LMCIT MPCB(11-99)(Rev. 11-00) Page 14 of 19
are resumed; and your operations would falling objects; weight of snow, ice or sleet; or
• generate the loss of revenue amount that water damage:
would have existed if no direct physical or
damage had occurred; or a. Sinkhole collapse means the sudden sinking or
collapse of land into underground empty spaces
(2) 60 consecutive days after the date when created by the action of water on limestone or
the covered property is actually repaired, dolomite. This cause of loss does not include:
rebuilt or replaced and operations are
resumed. (1) The cost of filling sinkholes; or
However, the expiration date of the covenant (2) Sinking or collapse of land into man-made
will not cut short the period of recovery. underground cavities.
22. Personal effects means personal property of your b. Falling object does not include loss or damage
employees, other than business personal effects. to:
23. Pollutants means any solid, liquid, gaseous or (1) Property in the open; or
thermal irritant or contaminant,including smoke,
vapor, soot, fumes, acids, alkalis, chemicals and (2) The interior of a building or structure, or
waste. Waste includes materials to be recycled, property inside a building or structure, unless
reconditioned or reclaimed. the roof or an outside wall of the building or
structure is first damaged by a falling object.
24. Property in the open means:
c. Water damage means accidental discharge or
a. Equipment such as,but not Iimited to,benches, leakage of water or steam from any part of a
• fences,light poles,playground equipment,statues, system or appliance containing water or steam.
scoreboards, traffic signals or signs that are in the
open and are not part of a building; or 27. Stock means merchandise held in storage or for
sale, raw materials and in process or finished
b. Golf course property. goods, including supplies used in their packing or
shipping.
25. Rental value means the sum of:
28. System or system component means any of the
a. The total anticipated gross rental income from following:
tenant occupancy of the covered property as
furnished and equipped by you; and a. Computer hardware, including
microprocessors;
b. The amount of all continuing charges that are
the legal obligation of the tenant and that would b. Computer application software;
otherwise be your obligation; and
c. Computer operating systems and related
c. The fair rental value of any portion of the software;
covered property that you occupy.
d. Computer networks;
26. Specified causes of loss means fire; lightning;
explosion; windstorm or hail; smoke; aircraft or e. Microprocessors or other computer chips not
vehicles; riot or civil commotion; vandalism; part of any computer system; or
leakage discharge from fire extinguishing
• equipment; sinkhole collapse; volcanic action; f. Any other computerized or electronic
equipment or components.
LMCIT MPCB(I 1-99)(Rev. 11-00) Page 15 of 19
29. Valuable papers and records means inscribed, b. Any actual or alleged failure, malfunction, or
printed or written documents, manuscripts or inadequacy of any product, service, data, or •
records, including abstracts, books, deeds, function that directly or indirectly uses or relies
drawings, films, maps and mortgages. on any system or system component, which is due
to any year 2000 problem; or
But valuable papers and records does not mean
money or securities, converted data,programs or c. Any advice, consultation, design, evaluation,
instructions used in your data processing inspection, installation, maintenance, repair,
operations, including the materials on which the replacement, or supervision done by you or your
data is recorded. employees to determine, rectify, or test for any
potential or actual year 2000 problem.
30. Year 2000 claim means any claim for damages
arising directly or indirectly out of: 31. Year 2000 problem means the inability of any
system or system component to correctly
a. Any actual or alleged failure, malfunction, or recognize, process, distinguish, interpret, or
inadequacy of any system or system component, accept the year 2000 and beyond.
whether belonging to the city or to others, which
is due to any year 2000 problem;
SECTION VII - CONDITIONS
1. CONTROL OF PROPERTY 4. NO BENEFIT TO BAILEE
Any act or neglect of any person other than you No person or organization, other than you, having
beyond your direction or control will not affect this custody of covered property will benefit from this
4111
coverage. coverage.
The breach of any condition of this coverage part at 5. COVERAGE PERIOD, COVERAGE
any one or more locations will not affect coverage at TERRITORY
any location where, at the time of loss or damage,
the breach of condition does not exist. Under this coverage part:
2. COVERAGE UNDER TWO OR MORE a. We cover loss or damage commencing:
COVERAGES
(1) During the coverage period shown in the
If two or more of this covenant's coverages apply to Declarations; and
the same loss or damage, we will not pay more than
the actual amount of the loss or damage. (2) Within the coverage territory.
3. LEGAL ACTION AGAINST US b. The coverage territory is:
No one may bring legal action against us under this (1) The United States of America (including its
coverage part unless: territories and possessions);
a. There has been full compliance with all of the (2) Puerto Rico; and
terms of the coverage part; and
(3) Canada.
b. The action is brought within 2 years after the date •
on which the direct physical loss or damage
occurred.
LMCXT MPCB(11-99)(Rev. 11-00) Page 16 of 19
•
6. LOSS CONDITIONS c. Loss payment.
• a. Abandonment. (1) We will give notice of our intentions within
30 days after we receive the sworn statement of
You cannot abandon your property to us. loss.
b. Duties in the event of loss or damage. (2) We may adjust losses with the owners of lost
or damaged property if other than you. If we pay
You must see that the following are done in the the owners, such payments will satisfy your
event of loss or damage to covered property: claims against us for the owners' property. We
will not pay the owners more than their financial
(1) Notify the police if a law may have been interest in the covered property.
broken.
d. Recovered property.
(2) Give us prompt notice of the loss or damage.
Include a description of the property involved. If either you or we recover any property after loss
settlement, that party must give the other prompt
(3) As soon as possible, give us a description of notice. At your option, the property will be
how, when and where the loss or damage returned to you. You must then return to us the
occurred. amount we paid to you for the property. We will
pay recovery expenses and the expenses to repair
(4) Take all reasonable steps to protect the the recovered property, subject to the amount
covered property from further damage. If applying under this covenant.
feasible, set the damaged property aside and in
the best possible order for examination. Also 7. PREMIUMS AND PREMIUM
41)
keep record of your expenses,for consideration in ADJUSTMENTS
the settlement of the claim.
a. You agree to furnish us with a Schedule of
(5) At our request, give us complete inventories Locations and Buildings, Schedule of Mobile
of the damaged and undamaged property. Include Property, and Schedule and Location of Property
quantities, costs,values,and amount claim of loss in the Open prior to the beginning of each
demand. covenant period.The initial annual premiums will
be based upon these schedules and the
(6) Permit us to inspect the property and records appropriate replacement cost values.
proving the loss or damage.
b. You will pay us additional premium if:
(7) If requested, permit us to question you under
oath at such times as may be reasonably required (1) Building/contents, mobile equipment or
about any matter relating to this covenant or your property in the open are added during the
claim, including your books and records. In such covenant period.
event,your answers must be signed.
(2) Additional covered loss or damage limits, or
(8) Send us a signed, sworn statement of loss property sublimits are increased during the
containing the information we request to settle the covenant period.
claim. You must do this within 60 days after our
request. We will supply you with the necessary (3) Buildings in the course of construction,
forms. alteration or repair are added during the covenant
period.
• (9) Cooperate with us in the investigation, or
settlement of the claim. (4) Newly acquired covered property is added
during the covenant period.
LMCIT MPCB(11-99)(Rev. 11-00) Page 17 of 19
c. We will return premium to you if: d. If we deny your claim because of your acts or
because you have failed to comply with the terms
(1) Building/contents, mobile equipment or of this coverage part, the mortgage holder will
property in the open are deleted during the still have the right to receive loss payment if the
covenant period. mortgage holder:
(2) Additional covered loss or damage limits or (1) Pays any premium due under this coverage
property sublimits are reduced during the part at our request if you have failed to do so;
covenant period.
(2) Submits a signed, sworn proof of loss within
8. CANCELLATION 60 days after receiving notice from us of your
failure to do so; and
a. You may cancel Part One of this covenant. You
must mail or deliver not fewer than 30 days' (3) Has notified us of any change in ownership,
advance written notice to us stating when the occupancy or substantial change in risk known to
cancellation is to take effect. the mortgage holder.
b. We may cancel Part One of this covenant. We All of the terms of this coverage part will then
must mail or deliver to you not fewer than 30 apply to the mortgage holder.
days' advance written notice stating when the
cancellation is to take effect. Mailing that notice e. If we pay the mortgage holder for any loss or
to you at your mailing address shown in the damage and deny payment to you because of your
Declarations will be sufficient to prove notice. acts or because you have failed to comply with
However, we may cancel with 10 days' written the terms of this coverage part:
notice for nonpayment of premium. •
(1) The mortgage holder's rights under the
c. The covenant period will end on the day and hour mortgage will be transferred to us to the extent of
stated in the cancellation notice. the amount we pay; and
d. If Part One of this covenant is canceled, we will (2) The mortgage holder's right to recover the
send you any premium refund due. If we cancel, full amount of the mortgage holder's claim will
the refund will be pro rata. If you cancel, the not be impaired. At our option, we may pay to
refund may be less than pro rata, computed in the mortgage holder the whole principal on the
accordance with our current cancellation rules. mortgage plus any accrued interest. In this event,
The cancellation will be effective even if we have your mortgage and note will be transferred to us
not made or offered a refund. and you will pay your remaining mortgage debt to
us.
9. MORTGAGE HOLDERS
f. If we cancel this covenant, we will give written
a. The term mortgage holder includes trustee. notice to the mortgage holder at least:
b. We will pay for covered loss of or damage to (1) 10 days before the effective date of
buildings or structures to each mortgage holder cancellation if we cancel for your nonpayment of
shown in the Declarations in their order of premium; or
precedence, as interests may appear.
(2) 30 days before the effective date of
c. The mortgage holder has the right to receive loss cancellation if we cancel for any other reason.
payment even if the mortgage holder has started
foreclosure or similar action on the building or g. If we do not renew this covenant, we will give •
structure. written notice to the mortgage holder at least 10
days before the expiration date of this covenant.
LMCIT MPCB(11-99)(Rev. 11-00) Page 18 of 19
10. TRANSFER OF RIGHTS OF b. After a loss to your covered property or loss of
• RECOVERY AGAINST OTHERS TO US revenue, only if at time of loss that party is one of
the following:
If any person or organization to or for whom we
make payment under this coverage part has rights to (1) Someone insured by this covenant;
recover damages from another, those rights are
transferred to us to the extent of our payment. That (2) A business firm:
person or organization must do everything necessary
to secure our rights and must do nothing after loss to (a) Owned or controlled by you; or
impair them. But you may waive your rights against
another party in writing: (h) That owns or controls you; or
a. Prior to a loss to your covered property or loss of (c) Your tenant.
revenue.
This will not restrict your covenant.
LMCIT MPCB(11-99)(Rev. 11-00) Page 19 of 19
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
SCHEDULE OF COVERED PROPERTY
LMC
Covenant#: CM C 21925 realm.of Minnesota Cities
Cities promoting excellence
OITY : OAK PARK HEIGHTS, CITY OF J
COVERAGE AT EACH OF THE BELOW LOCATIONS APPLIES ONLY FOR BUILDING/CONTENTS
OR PROPERTY IN THE OPEN DESCRIBED AND FOR THE *SECTION IV - WATER AND
SUPPLEMENTAL FLOOD COVERAGES INDICATED.
**Type of ***Section IV-Water
Covered and Supplemental
Loc# Location Occupancy Property Flood Coverage
1 14168 OAK PARK BLVD N j CITY HALL/GARAGE j B Code C
2 58TH&NORELL i WATER TOWER&WELL B Code C
3 14168 OAK PARK BLVD N j WATER TOWER&WELL B Code C
4 BREKKE PARK j SHELTER B Code C
5 13425 60TH STREET i LIFT STATION B j Code C
6 i 14168 OAK PARK BLVD N PUMP HOUSE#3 B ; Code C
7 i SWAGER PARK j SHELTER i B ; Code C
8 j COVER PARK i RECREATION BUILDING j B ; Code C
9 j VALLEY VIEW PARK i SHELTER i B ; Code C
10 BEADETTE ON LOOKOUT TRAIL LIFT STATION i B Code C
11 SUNYSIDE MARINA LIFT STATION j B Code C
12 14200 53RD STREET j LIFT STATION j B Code C
13 j 14168 OAK PARK BLVD N j CITY HALL j P I O Code C
14 j SWAGER PARK i PARK ; P I O ; Code C
15 j COVER PARK i PARK ; PIO Code C
16 VALLEY VIEW PARK PARK PIO Code C
17 BREKKE PARK i PARK P I O ; Code C
*The limit of coverage for Section IV-Water and Supplemental Coverage is$500,000 per occurrence/500,000 Annual Aggregate
**B = Building / Contents
**PIO = Property in the Open
***Code A:LMCIT Water and Supplemental Flood Coverage applies with no additional exclusions.
*ode B:LMCIT Water and Supplemental Flood Coverage applies in addition to and in excess of the applicable National Flood Insurance
Program Coverage.
***Code C:LMCIT Water and Supplemental Flood Coverage excludes damages from any occurrence for which any loss or any damage
would be payable under a National Flood Insurance Program Coverage.
PM-100(11/95)(Rev 11/97)
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
SCHEDULE OF COVERED PROPERTY
LMC
Covenant#: CMC 21925
League of Minnesota Cities
Cities promoting excellence
ITY : OAK PARK HEIGHTS, CITY OF
COVERAGE AT EACH OF THE BELOW LOCATIONS APPLIES ONLY FOR BUILDING/CONTENTS
OR PROPERTY IN THE OPEN DESCRIBED AND FOR THE *SECTION IV - WATER AND
SUPPLEMENTAL FLOOD COVERAGES INDICATED.
**Type of ***Section IV-Water
Covered and Supplemental
Loc# Location Occupancy Property Flood Coverage
18 j CITY WIDE VARIOUS ; P I O ; Code C
19 5810 NORELL AVE N PUMPHOUSE#2 B ; Code C
20 j KERN CENTER,5500 STILLWATER BLVD LIFT STATION&FORCE MAIN B ; Code C
1111
*The limit of coverage for Section IV-Water and Supplemental Coverage is$500,000 per occurrence/500,000 Annual Aggregate
**B = Building / Contents
**PIO = Property in the Open
***Code A:LMCIT Water and Supplemental Flood Coverage applies with no additional exclusions.
*ode B:LMCIT Water and Supplemental Flood Coverage applies in addition to and in excess of the applicable National Flood Insurance
Program Coverage.
***Code C:LMCIT Water and Supplemental Flood Coverage excludes damages from any occurrence for which any loss or any damage
would be payable under a National Flood Insurance Program Coverage.
PM-100(11/95)(Rev 11/97)
LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
LMC
SCHEDULE OF COVERED MOBILE PROPERTY
League of Minnesota Cities
Cities promoting excellence
• Covenant#: CMC 21925
CITY: OAK PARK HEIGHTS
COVERAGE APPLIES TO MOBILE PROPERTY VALUED AT REPLACEMENT COST
VALUES OF$25,000 OR LESS PER ITEM IF IDENTIFIED AS COVERED AND TO MOBILE
PROPERTY THAT HAVE REPLACEMENT COST VALUES GREATER THAN$25,000 PER
ITEM THAT ARE LISTED.
COVERED/NOT COVERED
A. MOBILE PROPERTY VALUED AT$25,000 OR LESS COVERED
B. MOBILE PROPERTY VALUED AT GREATER THAN$25,000
Description of Mobile Property Serial No.
(Make, Model and Year)
• 1 1995 CATERPILLAR XQ225 PORTABLE GENERATOR SET,$51,639. 81100226
2 2000 CASE 621 WHEEL LOADER JEE0123895
3
4
5
6
7
8
9
10
11
12
13
14
515
PM-109(11/97)
PROPERTY IN THE OPEN ENDORSEMENT
This Endorsement modifies coverage provided under the Municipal Property and Crime Coverage.
Loc.# I Location I Occu anc y I Property' in the Open
18 CITY WIDE VARIOUS OUTDOOR SIRENS
•
A. Section VI-Definitions property in
the open is amended to read as described
above for each location.
All other terms and conditions remain unchanged.
•
PM-110(11/97)
•
LMC
League of Minnesota Cities
Cities promoting excellence
MUNICIPAL CRIME COVERAGE
• PART TWO
•
LMCIT MPCB(11-99)(Rev. 11-00)
• MUNICIPAL PROPERTY, CRIME AND BOND COVERAGE
WHAT IT IS AND WHERE YOU CAN FIND IT INDEX
CRIME COVERAGE - PART TWO 'AC
League of Minnesota Cities
Cities promoting excellence
J
PAGE
SECTION I - COVERAGE AGREEMENT 1
SECTION II - CAUSES OF LOSS AND DAMAGES NOT COVERED 1-2
SECTION III - LIMITS OF COVERAGE 2
SECTION IV - DEFINITIONS 2-4
1110 SECTION V - CONDITIONS 4-7
•
LMCIT MPCB(11-99)(Rev. 11-00) ii
•
0 MUNICIPAL CRIME COVERAGE
PART TWO
Various provisions in this covenant restrict coverage. Cities Insurance Trust. The word you and your refer
Read the entire covenant carefully to determine to the city shown in the Declarations. The words we,
rights, duties and what is or is not covered. us and our refer to LMCIT providing this covenant.
Throughout this covenant, the word city refers to the Other words and phrases that appear in italics have
first city shown in the Declarations. special meaning, as given in SECTION IV -
DEFINITIONS.
The word LMCIT refers to the League of Minnesota
SECTION I - COVERAGE AGREEMENT
1. THEFT, DISAPPEARANCE, AND We will pay for loss of money and securities resulting
DESTRUCTION - INSIDE THE PREMISES directly from the theft, disappearance, or destruction
outside the premises in the care, custody and control
We will pay for loss of money and securities resulting of a messenger or an armored motor vehicle.
directly from theft, disappearance, or destruction
inside the premises or banking premises. 3. FORGERY OR ALTERATION
• We will pay the loss of, and loss from damage to, the We will pay for loss involving instruments of payment
property that contains the money and securities; and resulting directly from the forgery or alteration of, on
loss from damage to the premises resulting directly or in any instruments of payment.
from the theft or attempted theft.
If you are sued for refusing to pay any instrument of
2. THEFT, DISAPPEARANCE, AND payment, we will pay any reasonable legal expenses
DESTRUCTION - OUTSIDE THE that you incur and pay in that defense. The amount
PREMISES we pay will be in addition to the applicable limit of
coverage.
SECTION II - CAUSES OF LOSS AND DAMAGES
NOT COVERED
We will not pay for loss or damages as specified 2. ACTS OF EMPLOYEES
below:
Loss resulting from any dishonest or criminal act
1. ACCOUNTING OR ARITHMETICAL committed by any of your employees:
ERRORS OR OMISSIONS
a. Acting alone or in collusion with other persons; or
Loss resulting from accounting or arithmetical errors
and omissions. b. While performing services for you or otherwise.
410
LMCIT MPCB(11-99)(Rev. 11-00) Page 1 of 7
3. FIRE 6. LEGAL EXPENSES
Loss or damage to the premises resulting from fire, Expenses related to any legal action.
however caused.
7. NUCLEAR HAZARD
4. GOVERNMENTAL ACTION
Loss resulting from nuclear reaction or radiation, or
Loss resulting from seizure or destruction of property radioactive contamination, however caused.
by order of governmental authority.
8. VANDALISM
5. INDIRECT LOSS
Loss from damage to the premises or its exterior or
Loss that is an indirect result of any act or to containers of money and securities by vandalism or
occurrence covered by this covenant including, but malicious mischief.
not limited to, loss resulting from:
9. WAR
a. Your inability to realize income that you would
have realized had there been no loss of, or loss Loss resulting from:
from damage to, money and securities; or
instruments of payment. a. War, including undeclared or civil war;
b. Payment of damages of any type for which you b. Warlike action by a military force, including
are legally liable. action in hindering or defending against an actual
or expected attack,by any government, sovereign
But, we will pay compensatory damages arising or other authority using military personnel or •
directly from a loss covered under this covenant. other agents; or
c. Payment of costs, fees, or other expenses you c. Insurrection, rebellion, revolution, usurped
incur in establishing either the existence or the power, or action taken by governmental authority
amount of loss under this covenant. in hindering or defending against any of these.
SECTION III - LIMITS OF COVERAGE
1. The most we will pay in any one occurrence is the unless the amount of loss exceeds the Deductible
applicable limit of coverage shown in the amount shown in the Declarations. We will then
Declarations. pay the amount of loss in excess of the Deductible
amount, up to the limit of coverage.
2. We will not pay for loss in any one occurrence
SECTION IV - DEFINITIONS
1. Banking premises means the interior of that not include:
portion of any building occupied by a banking
institution or similar safe depository. a. Gas, electrical, or steam utilities commission;
2. City means the governmental body or entity first b. Port authority, housing and redevelopment
named in the Declarations. For purposes of this authority, economic development authority, area
coverage, city includes relief associations. Unless or municipal redevelopment authority, or similar •
specifically named in the Declarations, city shall agency;
LMCIT MPCB(11-99)(Rev.11-00) Page 2 of 7
c. Municipal power agency; But employee does not mean any agent, broker,
• factor, commission merchant, consignee,
d. Municipal gas agency; independent contractor or representative of the
same general character.
e. Hospital or nursing home board or
commission; 4. Instruments of payment means checks, drafts,
promissory notes or similar written promises,
f. Welfare or public relief agency; orders or directions to pay a sum certain in
money, that are:
g. School board;
a. Made or drawn by or drawn upon you; or
h. Airport commission; or
b. Made or drawn by one acting as your agent; or
i. Joint powers entity. that are purported to have been so made or drawn.
3. Employee means: 5. Joint powers entity means an operating entity
created by two or more governmental units
a. A person whom you compensate directly by entering into an agreement as provided by statute
salary, wages or commissions and who you have for the joint exercise of governmental powers. An
the right to direct or control while performing intergovernmental agreement will be deemed to
duties for you; create a joint powers entity if the agreement
establishes a board with the effective power to do
b. Member of the city council; any of the following, regardless of whether the
specific consent of the constituent governmental
• c. Member of a city board, commission, or units may also be required:
committee which is not excluded by the definition
of city; a. To receive and expend funds;
d. Elected or appointed official of the city; b. To enter into contracts;
e. Volunteer person or organization while acting c. To hire employees;
on behalf of the city and subject to the city's
direction and control; d. To purchase or otherwise acquire and hold real
or personal property; or
f. Other authorized person or agent of the city
while acting on behalf of the city, but excludes e. To sue or be sued.
independent contractors;
6. Messenger means you, or any of your employees,
g. City relief association members, officers, and while having care and custody of the money and
employees; or securities outside the premises.
h. Any natural person employed by an 7. Money means:
employment contractor while that person is subject
to your direction and control and performing a. Currency, coins, and bank notes in current use
services for you, excluding, however, any such and having a face value; and
person while having care and custody of property
outside the premises. b. Travelers checks, register checks and money
• orders held for sale to the public.
LMCIT MPCB(11-99)(Rev. 11-00) Page 3 of 7
8. Occurrence means: such wrongful act or event took place or is alleged
to have taken place.
•
a. With respect to SECTION I - COVERAGE
AGREEMENT, 1. and 2.: 9. Premises means the interior of that portion of any
building you occupy in conducting your business.
(1) Act or series of related acts involving one
or more persons; or 10. Securities means negotiable and nonnegotiable
instruments or contracts representing either
(2) Act or event, or series of related acts or money or other property and includes:
events not involving any person.
a. Tokens, tickets, revenue and other stamps
b. With respect to SECTION I - COVERAGE (whether represented by actual stamps or unused
AGREEMENT, 3., all loss caused by any person value in a meter) in current use; and
or in which that person is involved, whether the
loss involves one or more instruments of payment. b. Evidences of debt issued in connection with
credit or charge cards, which cards are not
The date of the occurrence is the date on which issued by you;
the act, event or loss is,alleged to have taken
place. If the loss or damages are alleged to have but does not include money.
arisen from a series of acts or events, the date of
occurrence is deemed to be the date when the first 11. Theft means any act of stealing.
SECTION V - CONDITIONS
1. COVENANT PERIOD and give us a signed statement of your answers. •
a. The covenant period is shown in the Declarations. c. Give us a detailed, sworn proof of loss within 120
days.
b. Subject to the loss sustained during prior
insurance condition, we will pay only for loss that d. Cooperate with us in the investigation and
you sustain through acts committed or events settlement of any claim.
occurring during the covenant period.
4. INTERESTS COVERED
2. DISCOVERY PERIOD FOR LOSS
Coverage provided by this covenant is limited to
We will pay only for covered loss discovered no later money and securities; and instruments of payment;
than one year from the end of the covenant period. and damages to property or premises, as described
under SECTION I - COVERAGE AGREEMENT,
3. DUTIES IN THE EVENT OF LOSS 1., that:
After you discover a loss or a situation that may a. You own or hold; or
result in loss of, or loss from damage to, money and
securities; or instruments of payment, you must: b. For which you are legally liable.
a. Notify us as soon as possible. However, this covenant is for your benefit only. It
provides no rights or benefits to any other person or
b. Submit to examination under oath at our request organization. •
LMCIT MPCB(11-99)(Rev. 11-00) Page 4 of 7
5. LEGAL ACTION AGAINST US (1) This covenant became effective at the time of
• cancellation or termination of the prior insurance;
You may not bring any legal action against us and
involving loss:
(2) The loss would have been covered by this
a. Unless you have complied with all the terms of covenant had it been in effect when the acts or
this covenant; and events causing the loss were committed or
occurred.
b. Until 90 days after you have filed proof of loss
with us; and b. The coverage under this condition is part of, not
in addition to, the limits of coverage applying to
c. Unless brought within 2 years from the date you this covenant and is limited to the lesser of the
discover the loss. amount recoverable under:
6. LOSS COVERED UNDER MORE THAN (1) This covenant as of its effective date; or
ONE COVERAGE OF THIS COVENANT
(2) The prior insurance had it remained in effect.
If two or more coverages of this covenant apply to
the same loss, we will pay the lesser of: 9. NON-CUMULATION OF LIMIT OF
COVERAGE
a. The actual amount of loss; or
Regardless of the number of years this covenant
b. The sum of the limits of coverage applicable to remains in force or the number of premiums paid, no
that loss. limit of coverage cumulates from year to year or
• period to period.
7. LOSS COVERED UNDER THIS
COVENANT AND PRIOR COVENANT 10. OTHER INSURANCE
ISSUED BY US
This covenant does not apply to loss recoverable or
If any loss is covered: recovered under other insurance or indemnity.
a. Partly by this covenant; and However, if the limit of the other insurance or
indemnity is insufficient to cover the entire amount of
b. Partly by the prior canceled or terminated the loss, this covenant will apply to that part of the
covenant that we had issued to you or any loss, other than that falling within any Deductible
predecessor in interest, the most we will pay is the amount,not recoverable or recovered under the other
larger of the amount recoverable under this insurance or indemnity. However, this covenant
covenant or the prior covenant. will not apply to the amount of loss that is more than
the applicable limit of coverage shown in the
8. LOSS SUSTAINED DURING PRIOR Declarations.
INSURANCE
11. RECORDS
a. If you or any predecessor in interest sustained loss
during the period of any prior insurance that you You must keep records of all money and securities;
or the predecessor in interest could have and instruments of payment, so we can verify the
recovered under that insurance, except that the amount of any loss.
time within which to discover loss had expired, we
• will pay for it under this covenant provided:
LMCIT MPCB(11-99)(Rev. 11-00) Page 5 of 7
12. RECOVERIES (a) At face value in the money issued by that
country; or •
a. Any recoveries, less the cost of obtaining them,
made after settlement of loss covered by this (b) In the United States of America dollar
covenant, will be distributed as follows: equivalent determined by the rate of exchange
on the day the loss was discovered.
(1) To you, until you are reimbursed for any loss
that you sustain that exceeds the limit of coverage (2) Loss of securities, but only up to and
and the Deductible amount, if any; including their value at the close of business on
the day the loss was discovered, we may, at our
(2) Then to us until we are reimbursed for the option:
settlement made;
(a) Pay the value of such securities or replace
(3) Then to you until you are reimbursed for that them in kind, in which event you must assign
part of the loss equal to the Deductible amount, if to us all your rights, title and interest in and to
any. those securities;
b. Recoveries do not include any recovery: (b) Pay the cost of any loss securities bond
•
required in connection with issuing duplicates
(1) From insurance, suretyship, reinsurance, of the securities. However, we will be liable
security or indemnity taken for our benefit; or only for the payment of so much of the cost of
the bond as would be charged for a bond
(2) Of original securities after duplicates of them having a penalty not exceeding the lesser of
have been issued. the:
13. TERRITORY i) Value of the securities at the close of •
business on the day the loss was
This covenant covers only acts committed or events discovered; or
occurring within the United States of America, U.S.
Virgin Islands, Puerto Rico, Canal Zone, or Canada ii) Limit of coverage.
and while temporarily outside this territory for a
period not more than 90 days. (3) Loss from damages to property or premises,
as described under SECTION I - COVERAGE
14. TRANSFER OF YOUR RIGHTS OF AGREEMENT, 1., for not more than the:
RECOVERY AGAINST OTHERS TO US
(a) Actual cash value of the property on the
You must transfer to us all your rights of recovery day the loss was discovered;
against any person or organization for any loss you
sustained and for which we have paid or settled. You (b) Cost of repairing the property or
must also do everything necessary to secure those premises; or
rights and do nothing after loss to impair them.
(c) Cost of replacing the property with
15. VALUATION- SETTLEMENT property of like kind and quality.
a. Subject to the applicable limit of coverage We may, at our option, pay the actual cash value
provision, we will pay for: of the property or repair or replace it.
(1) Loss of money, but only up to and including If we cannot agree with you upon the actual cash
value or the cost of repair or replacement, the
its face value. We may, at our option, pay for •
loss of money issued by any country other than the value or cost will be determined by arbitration.
United States of America:
LMCIT MPCB(11-99)(Rev. 11-00) Page 6 of 7
b. We may, at our option, pay for loss of, or loss 17. THE FOLLOWING APPLY TO
from damage to, property other than money: SECTION I - COVERAGE AGREEMENT,
• 3.:
(1) In the money of the country in which the loss
occurred; or a. Facsimile signatures.
(2) In the United States of America dollar We will treat mechanically reproduced facsimile
equivalent of the money of the country in which signatures the same as handwritten signatures.
the loss occurred determined by the rate of
exchange on the day the loss was discovered. b. Proof of loss.
c. Any property that we pay for or replace becomes You must include with your proof of loss any
our property. instrument involved in that loss, or if not possible,
an affidavit setting forth the amount and cause of
16. THE FOLLOWING APPLY TO loss.
SECTION I - COVERAGE AGREEMENT,
1. AND 2.: c. Territory.
Duties in the event of loss: We will cover loss you sustain anywhere in the
world.
If you have reason to believe that any loss of, or loss
from damage to, money or securities involves a The territory condition does not apply to this
violation of law,you must notify the police. coverage.
•
•
LMCIT MPCB(11-99)(Rev. 11-00) Page 7 of 7
•
LMC
League of Minnesota Cities
Cities promoting excellence
J
MUNICIPAL BOND COVERAGE
PART THREE
LMCIT MPCB(11-99)(Rev. 11-00)
MUNICIPAL PROPERTY, CRIME AND BOND COVERAGE
• WHAT IT IS AND WHERE YOU CAN FIND IT INDEX
BOND COVERAGE - PART THREE LMC
League of Minnesota Cities
Cities promoting excellence
PAGE
SECTION I - COVERAGE AGREEMENT 1
SECTION II - CAUSES OF LOSS AND DAMAGES NOT COVERED 1-2
SECTION III - LIMITS OF COVERAGE 2
• SECTION IV - DEFINITIONS 2-3
SECTION V - CONDITIONS 3-6
•
LMCIT MPCB(11-99)(Rev. 11-00) ���
• MUNICIPAL BOND COVERAGE
PART THREE
Various provisions in this covenant restrict coverage. Cities Insurance Trust. The word you and your refer
Read the entire covenant carefully to determine to the city shown in the Declarations. The words we,
rights, duties and what is or is not covered. us, and our refer to the LMCIT providing this
covenant.
Throughout this covenant, the word thy refers to the
first city shown in the Declarations. Other words and phrases that appear in italics have
special meaning, as given in SECTION IV -
The word LMCIT refers to League of Minnesota DEFINITIONS.
SECTION I COVERAGE AGREEMENT
We will pay for loss as provided by each coverage Declarations or endorsement,the following causes of
form that is designated in the Declarations. loss and damages not covered, limits of coverage,
definitions, and conditions, apply to all bond
Unless stated otherwise in any bond coverage form, coverage forms forming part of this covenant.
SECTION II - CAUSES OF LOSS AND
DAMAGES NOT COVERED
We will not pay for loss damages as specified below: c. Payment of costs, fees or other expenses you incur
in establishing either the existence or the amount
1. GOVERNMENTAL ACTION of loss under this covenant.
Loss resulting from seizure or destruction of property 3. INVENTORY SHORTAGES
by order of governmental authority.
Loss, or that part of any loss, the proof of which as
2. INDIRECT LOSS to its existence or amount is dependent upon:
Loss that is an indirect result of any act or occurrence a. An inventory computation; or
covered by this covenant including, but not limited
to, loss resulting from: b. A profit and loss computation.
a. Your inability to realize income that you would 4. LEGAL EXPENSES
have realized had there been no loss as provided
by each bond coverage form that is designated in Expenses related to any legal action.
the Declarations.
5. NUCLEAR
b. Payment of damages of any type for which you
are legally liable. But, we will pay compensatory Loss resulting from nuclear reaction or radiation, or
• damages arising directly from a loss covered radioactive contamination, however caused.
under this covenant.
LMCIT MPCB(11-99)(Rev. 11-00) Page 1 of 6
6. WAR or expected attack,by any government, sovereign
or other authority using military personnel or •
Loss resulting from: other agents; or
a. War, including undeclared or civil war; c. Insurrection, rebellion, revolution, usurped
power, or action taken by governmental authority
b. Warlike action by a military force, including in hindering or defending against any of these.
action in hindering or defending against an actual
SECTION III - LIMITS OF COVERAGE
The most we will pay for loss is described in SECTION II, LIMITS OF COVERAGE, of the bond coverage form.
SECTION IV - DEFINITIONS
1. Bond coverage form means the following bond i. Joint powers entity.
forms:
3. Employee means:
a. Bond - Employee Dishonesty Coverage Form
MPCB 203; and a. A person whom you compensate directly by
salary, wages or commissions and who you have
b. Bond - Employee Faithful Performance the right to direct or control while performing
Coverage Form MPCB 204. duties for you;
2. City means the governmental body or entity first b. Member of the city council; •
named in the Declarations. For purposes of this
coverage, city includes relief associations. Unless c. Member of a city board, commission, or
specifically named in the Declarations, city shall committee which is not excluded by the definition
not include: of city;
a. Gas, electrical, or steam utilities commission; d. Elected or appointed official of the city;
b. Port authority, housing and redevelopment e. Volunteer person or organization while acting
authority, economic development authority, area on behalf of the city and subject to the city's
or municipal redevelopment authority, or similar direction and control;
agency;
f. Other authorized person or agent of the city
c. Municipal power agency; while acting on behalf of the city, but excludes
independent contractors;
d. Municipal gas agency;
g. City relief association members, officers, and
e. Hospital or nursing home board or employees; or
commission;
h. Any natural person employed by an
f. Welfare or public relief agency; employment contractor while that person is subject
to your direction and control and performing
g. School board; services for you, excluding, however, any such •
person while having care and custody of property
h. Airport commission; or outside the premises.
LMCIT MPCB(11-99)(Rev. 11-00) Page 2 of 6
But employee does not mean any agent, broker, b. Travelers checks, register checks and money
• factor, commission merchant, consignee, orders held for sale to the public.
independent contractor or representative of the
same general character. 6. Occurrence means all loss caused by an employee,
whether the result of a single act or series of acts.
4. Joint powers entity means an operating entity
created by two or more governmental units The date of the occurrence is the date on which
entering into an agreement as provided by statute the single act is alleged to have taken place. If the
for the joint exercise of governmental powers. An loss or damages are alleged to have arisen from a
intergovernmental agreement will be deemed to series of acts, the date of occurrence is deemed to
create a joint powers entity if the agreement be the date when the first such wrongful act took
establishes a board with the effective power to do place or is alleged to have taken place.
any of the following, regardless of whether the
specific consent of the constituent governmental 7. Property other than money and securities means
units may also be required: any tangible property that has intrinsic value.
a. To receive and expend funds; 8. Securities means negotiable and nonnegotiable
instruments or contracts representing either money
b. To enter into contracts; or other property and includes:
c. To hire employees; a. Tokens, tickets, revenue and other stamps
(whether represented by actual stamps or unused
d. To purchase or otherwise acquire and hold real value in a meter) in current use; and
or personal property; or
• b. Evidences of debt issued in connection with
e. To sue or be sued. credit or charge cards, which cards are not issued
by you;
5. Money means:
but does not include money.
a. Currency, coins, and bank notes in current use
and having a face value; and
SECTION V - CONDITIONS
1. CANCELLATION AS TO ANY That date will be at least 30 days after the date of
EMPLOYEE mailing.
We reserve the right to cancel the covenant as to any The mailing of notice to you at the last mailing
employee: address known to us will be sufficient proof of
notice. Delivery of notice is the same as mailing.
a. Immediately upon discovery by you or any official
or employee authorized to manage, govern or 2. COVENANT PERIOD
control your employee, of any act on the part of an
employee whether before or after becoming a. The covenant period is shown in the Declarations.
employed by you which would constitute a loss
covered under the terms of this covenant. b. Subject to the loss sustained during prior insurance
condition, we will pay only for loss that you
• b. On the date specified in a notice mailed to you. sustain through acts committed or events
occurring during the covenant period.
LMCIT MPCB(11-99)(Rev. 11-00) Page 3 of 6
3. DISCOVERY PERIOD FOR LOSS a. The actual amount of loss; or
We will pay only for covered loss discovered no later b. The sum of the limits of coverage applicable to
than one year from the end of the covenant period. that loss.
4. DUTIES IN THE EVENT OF LOSS 8. LOSS COVERED UNDER THIS
COVENANT AND PRIOR COVENANT
After you discover a loss or a situation that may ISSUED BY US
result in loss as provided by each bond coverage form
that is designated in the Declarations,you must: If any loss is covered:
a. Notify us as soon as possible. a. Partly by this covenant, and
b. Submit to examination under oath at our request b. Partly by the prior canceled or terminated
and give us a signed statement of your answers. covenant that we had issued to you or any
predecessor in interest, the most we will pay is the
c. Give us a detailed, sworn proof of loss within 120 larger of the amount recoverable under this
days. covenant or the prior covenant.
d. Cooperate with us in the investigation and 9. LOSS SUSTAINED DURING PRIOR
settlement of any claim. INSURANCE
5. INDEPENDENT RIGHT OF RECOVERY a. If you or any predecessor in interest sustained loss
during the period of any prior insurance that you •
We have an independent right of recovery against any or the predecessor in interest could have
employee for any loss due to the employee's recovered under that insurance, except that the
malfeasance, willful neglect of duty or bad faith. time within which to discover loss had expired, we
will pay for it under this covenant provided:
6. LEGAL ACTION AGAINST US
(1) This covenant became effective at the time of
You may not bring any legal action against us cancellation or termination of the prior insurance,
involving loss: and;
a. Unless you have complied with all the terms of (2) The loss would have been covered by this
this covenant; and covenant had it been in effect when the acts or
events causing the loss were committed or
b. Until 90 days after you have filed proof of loss occurred.
with us; and
b. The coverage under this condition is part of, not
c. Unless brought within 2 years from the date you in addition to, the limits of coverage applying to
discover the loss. this covenant and is limited to the lesser of the
amount recoverable under:
7. LOSS COVERED UNDER MORE THAN
ONE COVERAGE OF THIS COVENANT (1) This covenant as of its effective date; or
If two or more coverages of this covenant apply to (2) The prior insurance had it remained in effect.
the same loss, we will pay the lesser of:
•
LMCIT MPCB(11-99)(Rev. 11-00) Page 4 of 6
10. NON-CUMULATION OF LIMIT OF (2) Of original securities after duplicates of them
• COVERAGE have been issued.
Regardless of the number of years this covenant 14. TERRITORY
remains in force or the number of premiums paid, no
limit of coverage cumulates from year to year or This covenant covers only acts committed or events
period to period. occurring within the United States of America, U.S.
Virgin Islands, Puerto Rico, Canal Zone, or Canada
11. OTHER INSURANCE and while temporarily outside this territory for a
period not more than 90 days.
This covenant does not apply to loss recoverable or
recovered under other insurance or indemnity. 15. TRANSFER OF YOUR RIGHTS OF
However, if the limit of the other insurance or RECOVERY AGAINST OTHERS TO US
indemnity is insufficient to cover the entire amount of
the loss, this covenant will apply to that part of the You must transfer to us all our rights of recover
y g recovery
loss, other than that falling within any Deductible against any person or organization for any loss you
amount,not recoverable or recovered under the other sustained and for which we have paid or settled. You
insurance or indemnity. However,this covenant will must also do everything necessary to secure those
not apply to the amount of loss that is more than the rights and do nothing after loss to impair them.
applicable limit of coverage shown in the
Declarations. 16. VALUATION - SETTLEMENT
12. RECORDS a. Subject to the applicable limit of coverage
provision, we will pay for:
You must keep records of all money, securities, and
• property other than money and securities; and (1) Loss of money, but only up to and including
provide any other reasonably obtainable information its face value. We may, at our option, pay for
so we can verify the amount of any loss. loss of money issued by any country other than the
United States of America:
13. RECOVERIES
(a) At face value in the money issued by that
a. Any recoveries, less the cost of obtaining them, country; or
made after settlement of loss covered by this
covenant, will be distributed as follows: (b) In the United States of America dollar
equivalent determined by the rate of exchange
(1) To you, until you are reimbursed for any loss on the day the loss was discovered.
that you sustain that exceeds the limit of coverage
and the Deductible amount, if any; (2) Loss of securities, but only up to and
including their value at the close of business on
(2) Then to us until we are reimbursed for the the day the loss was discovered, we may, at our
settlement made; option:
(3) Then to you until you are reimbursed for that (a) Pay the value of such securities or replace
part of the loss equal to the Deductible amount, if them in kind, in which event you must assign
any. to us all your rights, title and interest in and to
those securities;
b. Recoveries do not include any recovery:
(b) Pay the cost of any loss securities bond
0 (1) From insurance, suretyship, reinsurance, required in connection with issuing duplicates
security or indemnity taken for our benefit; or of the securities.
LMCIT MPCB(11-99)(Rev. 11-00) Page 5 of 6
However, we will be liable only for the We may, at our option, pay the actual cash
payment of so much of the cost of the bond as value of the property or repair or replace it. •
would be charged for a bond having a penalty
not exceeding the lesser of the: If we cannot agree with you upon the actual
cash value or the cost of repair or replacement,
i) Value of the securities at the close of the value or cost will be determined by
business on the day the loss was arbitration.
discovered; or
b. We may, at our option, pay for loss of, or loss
ii) Limit of coverage. from damage to, property other than money:
(c) Loss of, or loss from damage to,property (1) In the money of the country in which the loss
other than money and securities, or loss from occurred; or
damage to the premises for not more than the:
(2) In the United States of America dollar
i) Actual cash value of the property on the equivalent of the money of the country in which
day the loss was discovered; the loss occurred determined by the rate of
exchange on the day the loss was discovered.
ii) Cost of repairing the property or
premises; or c. Any property that we pay for or replace becomes
our property.
iii) Cost of replacing the property with
property of like kind and quality.
•
•
LMCIT MPCB(11-99)(Rev. 11-00) Page 6 of 6
Covenant Number: MUNICIPAL LIABILITY DECLARATIONS
CMC 21925 Coverage is Provided by:
THE LEAGUE OF MINNESOTA CITIES
INSURANCE TRUST LMC
(Herein called LMCIT)
.league of Minnesota( io
..m 1. CITY: OAK PARK HEIGHTS, CITY OF Cities promoting excellence
Item 2. COVERAGE PERIOD: One Year
From: 07/07/01 To: 07/07/02 12:01 A.M. Standard Time
at Mailing Address Indicated
on Common Coverage Declarations
Item 3. THE COVERED PARTY IS: CITY
ULr ttc
Item 4. COVERAGE:
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS
OF THIS COVENANT,LMCIT AGREES WITH THE COVERED PARTY TO PROVIDE
THE COVERAGE AS STATED IN THIS COVENANT, SUBJECT TO THE FOLLOWING
LIMITS:
EACH OCCURRENCE LIMIT $ 1,000,000
PRODUCTS & COMPLETED OPERATIONS
ANNUAL AGGREGATE LIMIT $ 1,000,000
FAILURE TO SUPPLY
ANNUAL AGGREGATE LIMIT $ 1,000,000
EMF ANNUAL AGGREGATE LIMIT $ 1 ,500,000
FIRE DAMAGE LIMIT $ 50,000
• MEDICAL EXPENSE LIMIT $ 1,000/$10,000 occurrence/Aggregate
LIMITED POLLUTION LIABILITY *$ 1 ,000,000 Per"Sudden Occurrence"/
$1,000,000 Annual Aggregate
LEAD OR ASBESTOS CLAIM LIMIT *$ 200,000 Per Claim/$200,000 Annual Aggregate
LAND USE, DEVELOPMENT OR *$ 1 ,000,000 Annual Aggregate
FRANCHISE LITIGATION
YEAR 2000 CLAIM *$ 25,000 Per Claim/$25,000 Annual Aggregate
*Limit includes loss, loss adjustment expense, and legal defense costs
Item 5. MUNICIPAL LIABILITY DEDUCTIBLE: (Subject to General Annual Aggregate Deductible,
if any, shown on Common Coverage Declarations)
$ 500 Per Occurrence
Item 6. RETROACTIVE DATES:
MUNICIPAL LIABILITY RETROACTIVE DATE: 07/07/87
LIMITED POLLUTION LIABILITY CLAIM RETROACTIVE DATE: 05/24/88
LEAD OR ASBESTOS CLAIM RETROACTIVE DATE: 07/07/93
Item 7. ENDORSEMENTS ATTACHED TO THIS COVERAGE PART:
CMC(11-00) ME062(11-99) ME066(11-00) MGL-1(01-95)
•
LMCIT DEC-013(11/86)(Rev.11/99)
COMPREHENSIVE MUNICIPAL COVERAGE
Various provisions in this covenant restrict coverage. The words "city" and "covered party" are
Read the entire coverage agreement carefully to defined under SECTION II - WHO IS
determine rights, duties and what is and is not covered. COVERED.
Throughout this covenant the word "city" refers to the Other words and phrases that appear in italics
first "city" shown in the Declarations. The word have special meaning, as given in SECTION
LMCIT refers to the League of Minnesota Cities IV - DEFINITIONS.
Insurance Trust.
SECTION I COVERAGES
COVERAGE A. MUNICIPAL limited as described in SECTION III - LIMITS
LIABILITY COVERAGE (CLAIMS OF COVERAGE.
MADE BASIS) 2. CLAIM AND OCCURRENCE DATES
1. COVERAGE AGREEMENT a. For any claim for damages, the date of the
occurrence shall be deemed to be as follows:
a. Except as otherwise provided in this
agreement, LMCIT will pay on behalf of the (1) For claims for bodily injury or property
• "covered party" all sums which the "covered
party" shall become legally obligated to pay as damage, the date of the occurrence is the date on
which the bodily injury or property damage first
damages as a result of an occurrence, if the took place or is alleged to have taken place.
following conditions are met:
(1) The claim for such damages must be first (2) For any other claim for damages, the date of
made against the "covered party" during the the occurrence is the date on which the wrongful
coverage period; and act giving rise to the claim for damages took
place or is alleged to have taken place. If the
(2) The date of the occurrence giving rise to damages are alleged to have arisen from a series
the claim for damages must be on or after the of wrongful acts, the date of the occurrence is
retroactive date, if any, shown in the deemed to be the date when the first such
wrongful act took place or is alleged to have
Declarations; and
taken place.
(3) The occurrence must have taken place in If both (1) and (2) apply to claims for damages
the coverage territory, arising from a single occurrence, the date of the
b. LMCIT will have the right and duty to defend occurrence is the earlier of the dates defined by
any such claim or suit seeking damages. (1) and (2), respectively.
LMCIT may, at its discretion, investigate any b. For any claim for damages, the date the claim is
actual or potential claim; and unless the "city" made is deemed to be as follows:
has given notice as provided in SECTION VI -
CONDITIONS, 7., LMCIT may settle any
claim or suit. (1) For any employment liability claim, the
• claim is deemed to have been made on the
c. The amount LMCIT will pay for damages is
earliest of:
LMCIT CMC(11-86)(Rev.11-00) Page 1 of 22
r
(a) The date the claimant files a charge with (2) Damages to the spouse, child, parent.
the Federal Equal Employment Opportunity brother or sister of that employee as a
Commission, the Commissioner of the consequence of(1) above.
Minnesota Department of Human Rights, or
a local Human Rights Commission as This exclusion applies:
defined in Minnesota Statute §363.01, subd.
23, whichever comes first; or (1) Whether the "city" may be liable as an
employer or in any other capacity; and
(b) The date when notice of claim for
damages is received by any "covered party" (2) To any obligation to share damages with or
or by LMCIT, whichever comes first. repay someone else who must pay damages
because of the injury.
(2) For any other claim for damages, the claim
is deemed to have been made when notice of This exclusion does not apply to liability
such claim is received and recorded by any assumed by the "covered party" under a covered
"covered party" or by LMCIT, whichever contract.
comes first.
d. Any loss, cost, or expense arising out of any
(3) All claims for damages arising from a direction demand, or request by the government
single occurrence will be deemed to have been or any other entity that the "city" or any other
made at the time the first of those claims is entity test for, monitor, clean up, remove,
made against any "covered party". contain, treat, detoxify or neutralize pollutants;
or
3. EXCLUSIONS
Damages arising out of the actual, alleged or •
This coverage does not apply to: threatened discharge, dispersal, seepage,
migration, release or escape of pollutants:
a. Damages for which the "covered party" is
liable by reason of the assumption of liability (1) At or from premises the "city" owns, rents,
in a contract or agreement. This exclusion does leases, uses, or occupies, and premises the
not apply to liability for damages: "city" no longer owns, rents, leases, uses, or
occupies;
(1) Assumed in a contract or agreement that is
a covered contract; or (2) At or from any landfill, dump, or other site
or location presently or formerly used by or for
(2) The "covered party" would have in the the "city" or others for the handling, storage,
absence of the contract or agreement. disposal, processing or treatment of pollutants;
b. Damages for which the "covered party" may be (3) Which are or were at any time transported,
liable by reason of the Minnesota Civil handled, stored, treated, disposed of, - or
Damages Act (M.S. 340A.801-340A.802), or processed as waste by or for the "city" or any
any other law governing liability for illegal person or organization for whom the "city" may
sales of alcoholic beverages. be legally responsible; or
c. Bodily injury to: (4) At or from any site or location on which the
"city" or any contractors or subcontractors
(1) An employee of the "city" arising out of working directly or indirectly on the "city's"
and in the course of employment by the "city"; behalf are or have been performing operations: •
or
LMCIT CMC(11-86)(Rev.11-00) Pare 2 of 22
(a) If the pollutants are brought on or to the (3) Parking an auto on, or on the ways next to,
site or location in connection with such premises the "city" owns or rents, provided the
operations; or auto is not owned by or rented or loaned to the
"covered party".
(b) If the operations are to test for,monitor,
clean up, remove,contain,treat,detoxify or f. Damages due to war, whether or not declared,
neutralize the pollutants. or any act or condition incident to war. War
includes civil war, insurrection, rebellion or
This exclusion does not apply to any of the revolution.
following:
g. Property damage to:
(1) Any limited pollution liability claim.
(1) Property the "city" owns, rents, or occupies;
(2) Any claim arising out of the discharge or
dispersal of mace, tear gas or similar agent, if (2) Premises the "city" sells, gives away or
such rP
was discharge for the purpose of abandons, if the property damage arises out of
P
protecting persons or property or incident to an any part of those premises;
arrest.
(3) That particular part of real property on
(3) Any lead or asbestos claim, unless the which the "city" or any contractors or
actual, alleged, or threatened discharge, subcontractors working directly or indirectly on
dispersal, release, escape, use, distribution, or the "city's" behalf are performing operations, if
handling of lead or asbestos took place at or the property damage arises out of those
from any landfill, dump, or other site or operations; or
location presently or formerly used by or for
• the "city" or others for the handling, storage, (4) Work performed by or on behalf of the
disposal,processing or treatment of pollutants. "city" arising out of your work or any portion
thereof, or out of materials, parts or equipment
(4) Any damages arising out of heat, smoke, or furnished in connection therewith.
fumes from a hostile fire. A hostile fire is a
fire which becomes uncontrollable or breaks (5) Your product arising out of it or any part of
out from where it was intended to be. it.
e. Damages arising out of the ownership, Paragraphs (3) and (4) of this exclusion do not
maintenance, use or entrustment to others of apply to liability assumed under a sidetrack
any aircraft, auto or watercraft owned or agreement.
operated by or rented or loaned to any
"covered party". Use includes operation and This exclusion does not apply to property
loading or unloading. damage by fire to premises rented to the "city".
A separate limit of coverage applies to this
This exclusion does not apply to: coverage as described in SECTION III-LIMITS
OF COVERAGE.
(1) A watercraft while ashore on premises the
"city" owns or rents; h. Damages claimed for any loss, cost or expense
incurred by the "city" or others for the loss of
(2) A watercraft that is: use, withdrawal, recall, inspection, repair,
replacement,adjustment,removal or disposal of:
(a) Less than 26 feet long; and
• (1) Your product;
(b) Not being used to carry persons or
property for a charge; (2) Your work; or
LMCIT CMC(11-86)(Rev.11-00) Page 3 of 22
(3) Impaired property; (a) Claims arising from the nurse's activities
in the capacity of an emergency medical •
if such product, work, or property is technician or first responder; or
withdrawn or recalled from the market or from
use by any person or organization because of a (b) Claims arising from the nurse's activities
known or suspected defect, deficiency, in administering vaccinations or
inadequacy or dangerous condition in it. immunizations to "city" employees or
volunteers.
i. Bodily injury to any volunteer while acting on
behalf of the "city" if the volunteer is an (6) Pharmacist.
employee within the meaning of a workers'
compensation law or similar law, or is covered m. Damages arising out of the failure or bursting
under a voluntary endorsement to a workers' of any:
compensation insurance policy.
(1) Class I or Class II dam as classified by the
j. Damages for bodily injury,property damage or Commissioner of the Department of Natural
personal injury arising out of the "city's" Resources pursuant to Minnesota Rules
ownership, operation or maintenance of any §6115.0340; or
airport.
(2) Any dike, levee or similar structure.
k. Damages for bodily injury,property damage or
personal injury arising out of the "city's" n. Damages arising out of the "city's" ownership,
ownership, operation or maintenance of any sponsorship or operation of:
hospital, nursing home or medical clinic.
(1) Motorized amusement devices, if the power •
1. Damages arising out of the rendering of or supply motor is rated at greater than 5
failure to render professional services by any horsepower;
professional listed below:
(2) Any mobile equipment, automobile,
(1) Attorney, unless the attorney is an snowmobile or motorcycle in any racing,
employee of the "city" and not an independent pulling, pushing, speed, or demolition contest
contractor, and the professional services are or in any stunting activity;
within the scope of the attorney's duties as a
"city" employee, including professional (3) Rodeos; or
services performed for any of the "city's"
boards, commissions, authorities or agencies, (4) Fireworks displays or exhibitions.
or joint powers entities in which the "city"
participates. o. Damages arising from or relating to the
detention or confinement of any person(s) in
(2) Architect. any jail, holding cell or similar detention
facility, which the "city" owns, operates or
(3) Doctor of medicine. maintains, if the date of the occurrence causing
such damages takes place after a continuous
(4) Dentist. detention or confinement period of 30 days, or
in any detention facility which is intended and
(5) Nurse, except that this exclusion shall not regularly used for confinement of persons for
apply to: periods in excess of 30 days.
•
LMCIT CMC(11-86)(Rev.11-00) Page 4 of 22
p. Damages arising out of the activities of any of COVERAGE B. MEDICAL AND
• the following "city" boards, commissions, or RELATED PAYMENTS
agencies:
1. COVERAGE AGREEMENT
(1) Gas, electrical or steam utilities
commission; LMCIT will pay to or for each person who sustains
.._ bodily injury caused by accident all reasonable
(2) Port authority, housing and medical and related expense incurred within one
authority,redevelopment a Y, economic year from the date of the accident as a result of
develop ment authority, area or municipal
such bodily injury, provided such bodily injury
redevelopment authority, or similar agency; arises out of a condition in the covered premises.
(3) Municipal power agency; or 2. EXCLUSIONS
(4) Municipal gas agency, LMCIT will not pay expenses for bodily injury:.
unless such board, commission, authority, or a. Arising out of the operation or use of any
agency is named in the Declarations, in which
g Y use
case the "city" will also be covered to the snowmobile or trailer designed for u
extent of coverage provided under this therewith;
covenant to the named board, commission, b. Included within the completed operations hazard
authority or agency for damages arising out of
the activities of the respective named board, or the products hazards;
commission, authority or agency.
• c. Arising out of operations performed for the
q. Damages arising out of the activities of a joint "city" by an independent contractor other than:
powers entity in which the "city" is a member
unless the joint powers entity is named in the (1) Maintenance and repair of the covered
Declarations. premises; or
r. Damages arising out of condemnation, inverse (2) Structural alterations at such premises
condemnation, adverse possession, or which do not involve changing the size of or
dedication by adverse use. This exclusion does moving buildings or other structures;
not apply to any claim for taking of property
wherein the taking of property is incident to an d. To any tenant or other person regularly residing
on the covered P remises;
arrest or for the purpose of protecting persons
or property in an emergency.
e. To any other tenant if the bodily injury occurs
s. Any criminal proceedings or proceedings under on that part of the covered premises rented from
the open meeting law against any "covered the city ,
party".
f. To any person while engaged in maintenance
t. Damages with respect to any claim(s) made by and repair of the covered premises or alteration,
LMCIT or the "city" against any other demolition or new construction at such
"covered party". premises;
u. Any claim for damages asserted in any land g. To any person practicing, instructing or
111 use, development or franchise litigation.
participating in any physical training, sport,
athletic activity or contest whether on a formal
or informal basis;
LMCIT CMC (11-86)(Rev.il-00) Page 5 of 22
h. To a member or guest of any club, tourist court injury. Payment hereunder shall not constitute an •
or trailer park operated or owned by the "city"; admission of Iiability of any "covered party" or of
or LMCIT.
i. For any injury for which the injured party has COVERAGE C. AUTOMOBILE
received or is entitled to receive workers' LIABILITY - BODILY INJURY AND
compensation benefits. PROPERTY DAMAGE
The exclusions of the MUNICIPAL LIABILITY 1. COVERAGE AGREEMENT
COVERAGE PART (COVERAGE A) also apply
to this Coverage Part as respects bodily injury.
LMCIT will pay on behalf of the "covered party"
3. ADDITIONAL DEFINITIONS all sums which the "covered party" shall become
legally obligated to pay as damages because of
When used herein: bodily injury or property damage to which this
coverage applies, caused by an occurrence and
Covered premises means all premises owned or arising out of the ownership, maintenance or use,
rented to the "city" with respect to which the including loading or unloading, of any automobile.
"city" is afforded coverage for bodily injury This coverage applies only to bodily injury or
liability under this covenant, and includes the property damage which occurs during the coverage
ways immediately adjoining on land; however, period and within the covered territory.
covered premises does not include streets, LMCIT will have the right and duty to defend any
sidewalks, or boulevards that do not abut a "city"
owned building or "city" owned parking lot. suit seeking those damages. However:
a. The amount LMCIT will pay for damages is •
Medical and related expense means expenses for limited as described in SECTION III - LIMITS
necessary medical, surgical, x-ray and dental OF COVERAGE.
services, including prosthetic devices, necessary
ambulance, hospital, professional nursing and
funeral services, and replacement or repair of b. LMCIT may, at its discretion, investigate any
damaged eye glasses or clothing. occurrence and settle any claim or suit that may
result.
4. ADDITIONAL CONDITION MEDICAL 2. EXCLUSIONS
REPORTS; PROOF AND PAYMENT OF
CLAIM. This coverage does not apply to:
As soon as practicable, the injured person or a. Any obligation for which the "covered party" or
someone on his behalf shall give to LMCIT any carrier as his insurer may be held liable
written proof of claim, under oath if required, and under any workers' compensation,
shall, after each request from LMCIT, execute unemployment compensation or disability
authorization to enable LMCIT to obtain medical benefits law, or under any similar law.
reports and copies of records. The injured person
shall submit to physical examination by physicians b. Any liability the "city" may have for bodily
selected by LMCIT when and as often as LMCIT injury to:
may reasonably require. LMCIT may pay the
injured person or any person or organization (1) An employee of the "city" arising out of and
rendering the services, and the payment shall in the course of employment by the "city"; or •
reduce the amount payable hereunder for such
LMCIT CMC(11-86)(Rev.I1-00) Page 6 of 22
(2) Damages to the spouse, child, parent, (3) Which are or were at any time transported,
• brother or sister of that employee as a handled, stored, treated, disposed of, or
consequence of(1) above. processed as waste by or for the "city" or any
person or organization for whom the "city" may
This exclusion applies: be legally responsible; or
(1) Whether the "city" may be liable as an (4) At or from any site or location on which the
employer or in any other capacity; and "city" or any contractors or subcontractors
working directly or indirectly on the "city's"
(2) To any obligation to share damages with or behalf are or have been performing operations;
repay someone else who must pay damages
because of the injury. (a) If the pollutants are brought on or to the
site or location in connection with such
This exclusion does not apply to liability operations; or
assumed by the "covered party" under a
covered contract. (b) If the operations are to test for, monitor,
clean up, remove, contain, treat, detoxify or
c. Property damage to property owned by the neutralize the pollutants.
"covered party".
This exclusion does not apply to any of the
d. Bodily injury due to war, whether or not following:
declared, civil war, insurrection, rebellion or
revolution or to any act or condition incident to (1) Any limited pollution liability claim.
any of the foregoing;
• (2) Any claim arising out of the discharge or
e. Any loss, cost, or expense arising out of any dispersal of mace, tear gas or similar agent, if
direction, demand, or request by the such discharge was for the purpose of protecting
government or any other entity that the "city" persons or property or incident to an arrest.
or any other entity test for, monitor, clean up,
remove, contain, treat, detoxify or neutralize (3) Any lead or asbestos claim unless the actual,
pollutants; or alleged, or threatened discharge, dispersal,
release, escape, use, distribution, or handling of
Damages arising out of the actual, alleged or lead or asbestos took place at or from any
threatened discharge, dispersal, seepage, landfill, dump, or other site or location presently
migration, release or escape of pollutants: or formerly used by or for the "city" or others
for the handling,storage,disposal, processing or
(1) At or from premises the "city" owns, rents, treatment of pollutants.
leases, uses, or occupies, and premises the
"city" no longer owns, rents, leases, uses, or (4) Any damages arising out of heat, smoke, or
occupies; fumes from a hostile fire. A hostile fire is a fire
which becomes uncontrollable or breaks out
(2) At or from any landfill, dump, or other site from where it was intended to be.
or location presently or formerly used by or for
the "city" or others for the handling, storage, f. Liability assumed under any contract or
disposal,processing or treatment of pollutants; agreement, but this exclusion does not apply to
liability assumed under a covered contract.
•
LMCIT CMC (11-86)(Rev.11-00) Page 7 of 22
3. ADDITIONAL DEFINITIONS The amount LMCIT will pay for damages and
litigation costs for land use, development or
These additional definitions apply for purposes of franchise litigation covered under this section is
COVERAGE C: limited as described in SECTION III - LIMITS
OF COVERAGE.
Automobile business means the business or
occupation of selling,repairing,servicing,storing The amount LMCIT pays for damages or
or parking automobiles; litigation costs for land use, development or
franchise litigation is subject to the Municipal
Hired automobile means an automobile not owned Liability Deductible shown in the Municipal
by the "city" which is used under contract on Liability Declarations or the General Annual
behalf of, or loaned to, the "city". Aggregate Deductible if any shown in the
Common Coverage Declarations.
Owned automobile means an automobile owned by
the "city". 2. LITIGATION MANAGEMENT
Trailer includes semi-trailer but does not include For any land use, development or franchise
mobile equipment. litigation, legal counsel will be selected by mutual
agreement of the "city" and LMCIT.
COVERAGE D. LAND USE,
DEVELOPMENT OR FRANCHISE If LMCIT and the "city" are not able to agree on
selection of counsel, LMCIT will provide a list of
LITIGATION five attorneys experienced in land use, development
or franchise litigation matters; and the "city" will
1. COVERAGE AGREEMENT select legal counsel from that list.
For any land use, development or franchise A land use, development or franchise litigation suit
litigation which is first filed or served by or may not be settled without the approval of both
against the "city" or a "city" officer or employee LMCIT and the "city".
during the annual coverage period of this
agreement, LMCIT will pay the following on the 3. SPECIAL PROVISIONS - INTER-CITY
....:.. ... .....
"city's" behalf: LITIGATION
a. 100% of the first $50,000 of litigation costs The following special PP Y only rovisions shall a l onl to
P
which are incurred after the litigation has been coverage for any land use, development or
reported to LMCIT; 85% of the next$200,000 p
franchise litigation in which 1)the opposing litigant
of litigation costs incurred after the litigation is also a member of the LMCIT property/casualty
has been reported to LMCIT; and 60% of any program; and 2) the litigation is also a covered
litigation costs in excess of$250,000 which are claim for the opposing litigant under COVERAGE
incurred after the litigation has been reported D of the opposing litigant's LMCIT municipal
PP g g P 1
to LMCIT; and liability coverage:
b. 50% of any litigation costs which the "city"Y g Y a. Legal counsel will be selected as provided
incurs prior to reporting the litigation to above,but LMCIT will not otherwise participate
LMCIT; and in the management of the litigation.
c. 85% of any damages which the "city" shall b._Any settlement of the litigation involving a
be required to pay. payment of damages must be approved by •
LMCIT.
LMCIT CMC(11-86)(Rev.11-00) Page 8 of 22
c. The percentage LMCIT will pay of any d. LMCIT's total liability to the "city" for
• litigation costs or damages will be one-half of litigation costs and damages for the litigation
the percentages specified in COVERAGE D. shall not exceed $500,000. This does not
LAND USE, DEVELOPMENT OR increase the annual aggregate limit as
FRANCHISE LITIGATION, 1. COVERAGE described in SECTION III - LIMITS OF
AGREEMENT. COVERAGE, 11.
SECTION II - WHO IS COVERED
1. "City" means the "city" or other governmental (4) Employee of the "city";
body or entity first named in the Declarations.
Unless specifically named in the Declarations, (5) Volunteer person or organization while
"city" shall not include any of the following: acting on behalf of the "city" and subject to
the "city's" direction and control;
a. Gas, electrical or steam utilities commission;
(6) Other authorized person or agent of the
"city" while acting on behalf of the "city",
b. Port authority, housing and redevelopment y g Y
authority, economic development authority, but excluding independent contractors;
area or municipal redevelopment authority or
similar agency; (7) "City" relief association and its
members, officers, and employees; or
c. Municipal power agency;
(8) Person while acting in the administrative
. d. Municipal gas agency; capacity of medical director or medical
advisor to the "city" ambulance service.
e. Welfare or public relief agency;
c. With respect to a joint powers entity named
f. School board; or in the Declarations:
g. Joint powers entity. (1) The joint powers entity;
2. For purposes of COVERAGE A and (2) While acting on behalf of the joint
COVERAGE D, "covered party" means: powers entity, or with respect to liability
arising out of the activities of the joint
a. The "city", and any other entity named in the powers entity, any present or former:
Declarations;
(a) Governmental member of the joint
b. For actions within his duties as such, any powers entity;
present or former:
(b) Elected or appointed official of the
(1) Member of the "city" council; governmental member;
(2) Member of a "city" board, commission, (c) Employee of the governmental
or committee which is not excluded by the member; or
definition of "city";
(d) Other authorized person or agent of
• (3) Elected or appointed official of the the governmental member,but excluding
"city"; independent contractors.
LMCIT CMC(11-86)(Rev.11-00) Page 9 of 22
3. For purposes of COVERAGE C, "covered or omissions of a "covered party" under a., b., •
party" means: c. or d. above.
a. The "city", and any other entity named in the For purposes of COVERAGE C, none of the
Declarations with respect to any automobile; following is a "covered party":
b. Any present or former elected or appointed a. Any person or organization from whom you
official, employee or volunteer of the "city" hire or borrow an automobile that is not a
with respect to any automobile while such trailer.
automobile is or was being used in the business
of the "city"; b. Any person while employed in or otherwise
engaged in duties in connection with an
c. Any person or organization from whom you automobile business, other than an automobile
hire or borrow a trailer which is connected to business operated by the "city".
an owned automobile;
c. Any person while loading or unloading an
d. Any other person while using an owned automobile, other than:
automobile or hired automobile only while such
automobile is or was used in the business of the (1) A "city" officer, employee, or volunteer;
"city". or
e. Any other person or organization but only (2) A lessee or borrower of an owned
with respect to his or its liability because of acts automobile or their employees.
•
SECTION III - LIMITS OF COVERAGE
1. The Limits of Coverage shown in the 3. The Limits of Coverage shown in the
Declarations and the rules below fix the most Declarations apply only to the damages under
LMCIT will pay as damages under each each Coverage Part in excess of the Municipal
coverage part regardless of the number of: Liability Deductible shown in the Municipal
Liability Declarations or the General Annual
a. "Covered parties"; Aggregate Deductible, if any, shown in the
Common Coverage Declarations,and the Limits
b. Claims made or suits brought; or of Coverage will be reduced by the Deductible
amount.
c. Persons or organizations making claims or
bringing suits. 4. The Products-Completed Operations Annual
Aggregate Limit is the most LMCIT will pay
2. LMCIT's maximum limit of liability for under COVERAGE A for damages included in
COVERAGES A and C combined shall be the the products-completed operations hazard.
per occurrence or sudden occurrence limit
shown in the Declarations whether the claim or 5. The Fire Damage Limit is the most LMCIT will
claims fall under COVERAGE A, COVERAGE pay under COVERAGE A for damages because
C, or both. of property damage to premises rented to the
"city" arising out of any one fire.
•
LMCIT CMC(11-86)(Rev.11MO) Page 10 of 22
T -
• 6. The Medical Expense Limit is the most LMCIT that contributes concurrently or in any
will pay under COVERAGE B for all medical sequence to the damages, costs or expenses:
expenses because of bodily injury sustained by
any one person, and the occurrence aggregate a. The liability of LMCIT for any year 2000
limit is the most LMCIT will pay under claim shall be limited to 85% of the incurred
COVERAGE B for all medical expenses damages, defense costs, and loss adjustment
because of bodily injury to two or more persons expenses.
resulting from one occurrence.
b. The amount LMCIT will pay for damages,
7. The Limited Pollution Liability Annual defense costs, and loss adjustment expenses
Aggregate Limit is the most LMCIT will pay for year 2000 claims shall not exceed $25,000
for limited pollution liability claims during the regardless of the number of claims, claimants,
annual coverage period. The Limited Pollution or occurrences.
Liability Annual Aggregate Limit applies to the
sum of damages and loss adjustment expense, c. The amount LMCIT pays for damages,
including litigation costs. defense costs, or loss adjustment expenses for
year 2000 claims is subject to the Municipal
8. The Lead or Asbestos Claim Annual Aggregate Liability Deductible shown in the Municipal
Limit is the most LMCIT will pay for lead or Liability Declarations or the General Annual
asbestos claims during the annual, coverage Aggregate Deductible, if any, shown in the
period. The Lead or Asbestos Claim Annual Common Coverage Declarations.
Aggregate Limit applies to the sum of damages
and loss adjustment expense, including defense 13. LMCIT shall not be obligated under this
• costs. covenant to pay any claim or judgment or to
defend any suit after the applicable limit of
9. The Failure to Supply Annual Aggregate Limit LMCIT's liability under COVERAGES A or
is the most LMCIT will pay for damages for C has been exhausted by payment of
failure to supply claims during the annual judgments or settlements or by tender to any
coverage period. excess carrier or excess coverage including
excess coverage provided by LMCIT.
10. The EMF Annual Aggregate Limit is the most
LMCIT will pay for damages for EMF claims 14. For any Annual Aggregate Limit shown in the
during the annual coverage period. Declarations, the limit shall apply separately
to each consecutive annual period and to any
11. LMCIT's total liability for litigation costs and remaining period of less than 12 months,
damages for all land use, development or starting with the beginning of the coverage
franchise litigation which is first filed or period shown in the Declarations, unless the
served against the "city" during the annual coverage period is extended after issuance for
coverage period of this agreement shall not an additional period of less than 12 months.
exceed$1,000,000, regardless of the number In that case, the additional period will be
of suits, defendants, or claimants. deemed part of the last preceding period for
purposes of determining the limits of
12. For any year 2000 claim, the following limits coverage.
apply regardless of any other cause or event
•
LMCIT CMC(11-86)(Rev.11-00) Page 11 of 22
SECTION IV - DEFINITIONS
•
1. Advertisement means a notice that is broadcast (2) The "covered party's" responsibility to
or published to the general public or specific pay damages is determined in a suit on the
market segments about your goods, products or merits, in the territory described in a. above
services for the purpose of attracting customers or in a settlement LMCIT agrees to.
or supporters.
6. Covered contract means an indemnification of
2. Aircraft means any aircraft, including engines, a municipality as required by ordinance, or that
propellers,operating and navigating instruments part of any contract or agreement pertaining to
and radio equipment attached to or usually the "city's" business under which the "city"
attached to or carried on the aircraft, including assumes the tort liability of another to pay
component parts detached and not replaced by damages to a third person or organization, if the
other similar parts and tools therein which are contract or agreement is made prior to the date
standard for the make and type of aircraft. of the occurrence giving rise to the damages.
Tort liability means a liability that would be
3. Automobile (auto) means a land motor vehicle, imposed by law in the absence of any contract
trailer or semi-trailer designed for travel on or agreement.
public roads, including any attached machinery
or equipment. But automobile does not include Covered contract does not include that part of
mobile equipment. any contract or agreement:
4. Bodily injury means bodily injury, sickness or a. That indemnifies an architect, engineer or
disease sustained by a person, including death surveyor for injury or damage arising out of:
resulting from any of these at any time. •
(1) Preparing, approving or failing to
5. Coverage territory means: prepare or approve maps, drawings,
opinions, reports, surveys, change orders,
a. The United States of America (including its designs or specifications; or
territories and possessions), Puerto Rico and
Canada; (2) Giving directions or instructions, or
failing to give the same, if that is the primary
b. International waters or airspace,provided the cause of the injury or damages;
injury or damage does not occur in the course
of travel or transportation to or from any place b. Under which the "city's" architect, engineer
not included in a. above; or or surveyor assumes liability for injury or
damages arising out of the "city's" rendering or
c. All parts of the world if: failing to render professional services, including
those listed in a. above, and supervisory,
(1) The injury or damage arises out of: inspection or engineering services; or
(a) Goods or products made or sold by c. That indemnifies any person or organization
the "city" in the territory described in a. for damages by fire to premises rented or
above; or loaned to the "city".
(b) The activities of a person whose 7. Damages means money damages, and includes
home is in the territory described in a. awards for attorneys' fees with respect to
above, but is away for a short time on federal civil rights suits and state human rights
the "city's" business; and suits.With respect to any land use, development •
LMCIT CMC(11-86)(Rev.11-00) Page 12 of 22
or.f litigation,liti ation, damages also includes (2) Assumed in an employment contract
amounts the "city" is obligated to pay for loss of between the "city" and its employees.
use of property during the time prior to a final
determination by the court that enforcement of h. Any wages and employment benefits for
a land use, zoning, subdivision, or similar work that has been performed by the employee
ordinance or regulation constitutes a taking of making the claim, or any claimed increases in
private property. such wages and employment benefits for work
that is-hereafter performed by the employee
Damages does not include any of the following: making the claim.
a. Any obligation of a "covered party" under a 8. EMF claim means any claim for damages
workers' compensation, disability benefits, or arising out of the actual or alleged exposure to
unemployment compensation law or any similar electromagnetic fields, electromagnetic
law. radiation or stray voltage.
b. Exemplary damages or punitive damages 9. Failure to supply claim means any claim for
except punitive damages claimed or levied damages arising out of the complete or partial
against an officer, employee or volunteer of the failure to supply water, electricity, gas or
"city", provided that the officer, employee or steam.
volunteer:
10. Impaired property means tangible property,
(1) Was acting in the performance of the other than your product or your work, that
duties of the position; and cannot be used or is less useful because:
• (2) Was not guilty of malfeasance in office,
willful neglect of duty, or bad faith. a. It incorporates your product or your work
that is known or thought to be defective,
deficient, inadequate or dangerous; or
c. Fines or penalties imposed by law.
b. The "city" has failed to fulfill the terms of
d. Injunctive or equitable relief, or quasi- a contract or agreement;
judicial or administrative orders.
if such property can be restored to use by:
e. Repayment of any tax, assessment, fee, or
other charge that was wrongfully obtained, or (1) The repair, replacement, adjustment or
any interest on, or any other amount claimed removal of your product or your work; or
for loss of use of, such tax, assessment, fee, or
other charge. (2) The "city's" fulfilling the terms of the
contract or agreement.
f. Amounts paid or payable for the purchase or
permanent acquisition of property or property 11. Joint powers entity means an operating entity
rights, or for the right to permanently enforce created by two or more governmental units
an ordinance, regulation, or restriction on the entering into an agreement as provided by
use of property. statute for the joint exercise of governmental
powers. An intergovernmental agreement will
g. Amounts due under the terms of any be deemed to create a joint powers entity if the
contractual obligation, except for liability: agreement establishes a board with the
effective power to do any of the following,
(1) Assumed in a covered contract; or regardless of whether the specific consent of
• the constituent governmental units may also be
required:
LMCIT CMC(1I-86)(Rev.11-00) Page 13 of 22
a. To receive and expend funds; b. Reduction or invalidation of a special •
assessment;
b. To enter contracts;
c. Compensation for damages based on the
c. To hire employees; "city's" actual or alleged negligent inspection
or enforcement of the state building,
d. To purchase or otherwise acquire and hold plumbing, electrical, fire, or similar codes; or
real or personal property; or
d. Amounts due or allegedly due under
e. To sue or be sued. contract, including any "city" bonds or other
obligations.
12. Land use, development or franchise litigation
means: 13. Lead or asbestos claim means any claim for
damages arising out of the actual, alleged, or
a. Any litigation relating to the application or threatened discharge, dispersal, release,
interpretation of a "city's" land use, zoning, escape, use, distribution, or handling of lead
subdivision, or similar ordinance or or asbestos.
regulation; or
14. Limited pollution liability claim means any
b. Any litigation relating to the "city's" claim for damages which resulted from a
involvement in the financing or approval of sudden occurrence which took place on or
any development or redevelopment project. after the retroactive date shown in the
Declarations and prior to the expiration date
c. Any litigation relating to the granting, of this covenant, and which: •
refusal, interpretation, or enforcement of any
franchise, ordinance,permit, license,or other a. Was caused by an actual, alleged, or
mechanism through which the "city" threatened discharge, dispersal, release, or
authorizes or regulates the provision of cable escape of pollutants which took place entirely
communications, electricity, gas, heat, above ground and not within or on the surface
telephone, or other public utilities within the of any lake, stream, surface water, or other
"city". body of water, and in which any resulting
damages occurred entirely above ground and
Any litigation meeting the criteria listed above not within or on the surface of any lake,
will be considered to be land use, stream, surface water, or other body of water;
development or franchise litigation in its or
entirety, regardless of whether the litigation
may assert other claims as well. b. Arises from the accidental rupture, backup
or overflow of the "city's" sanitary sewer,
But land use, development or franchise storm sewer, or water supply systems.
litigation does not include litigation that seeks
only: 15. Loading or unloading means the handling of
property:
a. Compensation or other relief for an actual
or alleged physical occupation, invasion, or a. After it is moved from the place where it is
use of property by the "city"; accepted for movement into or onto an
aircraft, watercraft or auto;
•.
LMCIT CMC(11-86)(Rev.11-00) Page 14 of 22
• b. While it is in or on an aircraft, watercraft
or auto; or than the transportation of persons or cargo.
17. Occurrence means:
c. While it is being moved from an aircraft,
watercraft or auto to the place where it is a. With respect to COVERAGE A,a wrongful
finally delivered; but loading or unloading act or a series of related wrongful acts.
does not include the movement of property by
means of a mechanical device, other than a b. With respect to COVERAGE C, an
hand truck, that is not attached to the aircraft, accident, including continuous or repeated
watercraft or auto. exposure to substantially the same general
harmful condition.
16. Mobile equipment means any of the following
types of land vehicles, including any attached Provided, that for purposes of SECTION III -
machinery or equipment: LIMITS OF COVERAGE, occurrence shall
be given the same meaning as given in the
a. Bulldozers, farm machinery, forklifts and applicable statute establishing monetary limits
other vehicles designed for use principally off on the "city's" tort liability.
public roads;
18. Personal injury means injury other than bodily
b. Vehicles that travel on crawler treads; injury, arising out of one or more of the
following offenses:
c. Vehicles, whether self-propelled or not,
maintained primarily to provide mobility to a. False arrest, detention, or imprisonment,
permanently mounted: or malicious prosecution.
•
(1) Power cranes,shovels, loaders,diggers b. The publication or utterance of a libel or
or drills; or slander or other defamatory or disparaging
material, or a publication or utterance in
(2) Road construction or resurfacing violation of an individual's right of privacy.
equipment such as graders, scrapers or
rollers; c. Wrongful entry or eviction, or other
invasion of the right of private occupancy.
d. Vehicles not described in a., b., or c.
above that are not self-propelled and are d. Assault or battery committed for the
maintained primarily to provide mobility to purpose of protecting persons or property or
permanently attached equipment of the incident to an arrest.
following types:
e. The use of another's advertising idea in
(1) Air compressors, pumps and your advertisement.
generators, including spraying, welding,
building cleaning,geophysical exploration, f. Infringing upon another's copyright, trade
lighting and well-servicing equipment; or dress or slogan in your advertisement.
(2) Cherry pickers and similar devices 19. Pollutants means any solid, liquid, gaseous
used to raise or lower workers; or thermal irritant or contaminant, including
smoke, vapor, soot, fumes, acids, alkalis,
e. Vehicles not described in a., b., or c. chemicals and waste.Waste includes materials
• above maintained primarily for purposes other to be recycled, reconditioned or reclaimed.
LMCIT CMC(11-86)(Rev.11-O0) Page 15 of 22
20. Products-completed operations hazard the case of a related series of accidents, the
includes all bodily injury and property damage sudden occurrence will be deemed to have •
occurring away from premises the "city" taken place when the first accident in the
owns or rents and arising out of your product related series of such accidents took place.
or your work except:
23. Suit means a civil proceeding in which
a. Products that are still in the "city's" damages to which this coverage applies are
physical possession; or alleged. Suit includes an arbitration
proceeding alleging such damages to which
b. Work that has not yet been completed or the "city" must submit or submit with
abandoned. LMCIT's consent. Suit does not mean any
criminal proceeding against any "covered
Your work will be deemed completed at the party" or any open meeting law proceeding,
earliest of the following times: unless damages are also alleged in that
proceeding. A charge of employment
a. When all of the work called for in the discrimination filed with the Federal Equal
"city's" contract has been completed; Employment Opportunity Commission, the
Commissioner of the Minnesota Department
b. When all of the work to be done at the site of Human Rights, or a local human rights
has been completed if the "city's" contract commission as defined in Minnesota Statute
calls for work at more than one site; §363.01, subd. 23, shall be deemed to be a
suit alleging damages.
c. When that part of the work done at a job
site had been put to its intended use by any 24. System or system component means any of the
person or organization other than another following:
contractor or subcontractor working on the
same project. a. Computer hardware, including
microprocessors;
Work that may need service, maintenance,
correction, repair or replacement, but which b. Computer application software;
is otherwise complete, will be treated as
completed. c. Computer operation systems and related
software;
21. Property damage means:
d. Computer networks;
a. Physical injury to tangible property,
including all resulting loss of use of that e. Microprocessors or other computer chips
property; or not part of any computer system; or
b. Loss of use of tangible property that is not f. Any other computerized or electronic
physically injured. equipment or components.
22. Sudden occurrence means an accident which 25. Wrongful act means any actual or alleged
takes place entirely above ground or water, error, statement, act, omission, offense,
and the pollution resulting therefrom, which neglect, accident, or violation. Violation
begins and ends within 72 hours following the includes violation of any rights, immunities,
accident. A related series of accidents shall be or privileges secured by the Constitution and
deemed to be a single sudden occurrence. In Laws of the United States of America.
•
LMCIT CMC(11-86)(Rev.11-00) Page 16 of 22
26. Year 2000 claim means any claim for (2) Others trading under the "city's" name;
damages arising directly or indirectly out of: or
a. Any actual or alleged failure, malfunction, (3) A person or organization whose
or inadequacy of any system or system business or assets the "city" has acquired;
component, whether belonging to the"city" or and
to others, which is due to any year 2000
problem. b. Containers (other than vehicles), materials,
parts or equipment furnished in connection
b. Any actual or alleged failure, malfunction, with such goods or products.
or inadequacy of any product, service, data,
or function that directly or indirectly uses or Your product includes warranties or
relies on any system or system component, representations made at any time with respect
which is due to any year 2000 problem; or to the fitness, quality, durability or
of the of any o t e items included in a.
c. Any advice, consultation, design, and b. above.
evaluation, inspection, installation,
maintenance, repair, replacement, or Your product does not include vending
supervision done by a "covered party" to machines or other property rented to or located
determine, rectify, or test for any potential or for the use of others but not sold.
actual year 2000 problem.
29. Your work means:
27. Year 2000 problem means the inability of any
• system or system component to correctly a. Work or operations performed by the
recognize, process, distinguish, interpret, or "city" or on the "city's" behalf; and
accept the year 2000 and beyond.
b. Materials, parts or equipment furnished in
28. Your product means: connection with such work or operations.
a. Any goods or products, other than real Your work includes warranties or
property, manufactured, sold, handled, representations made at anytime with respect
distributed or disposed of by: to the fitness, quality, durability, or
performance of any of the items included in a.
(1) The "city"; or b. above.
•
LMCIT CMC(11-86)(Rev.11-00) Page 17 of 22
SECTION V - SUPPLEMENTARY PAYMENTS -
COVERAGES A AND C •
LMCIT will pay, with respect to any claim or suit suit, including actual loss of earnings up to
LMCIT defends: $100 a day because of time off from work.
1. All expenses LMCIT incurs. 5. All costs taxed against the "covered party" in
the suit.
2. Up to $250 for cost of bail bonds required
because of accidents or traffic law violations 6. Prejudgment interest awarded against the
arising out of the use of any vehicle to which "covered party" on that part of the judgment
the coverage applies. LMCIT does not have to LMCIT pays. If LMCIT.makes an offer to pay
furnish these bonds. the applicable limit of coverage, LMCIT will
not pay any prejudgment interest based on that
3. The cost of bonds to release attachments, but period of time after the offer.
only for bond amount within the applicable limit
of coverage. LMCIT does not have to furnish 7. All interest on the full amount of any judgment
these bonds. that accrues after entry of the judgment and
before LMCIT has paid, offered to pay, or
4. All reasonable expenses incurred by the deposited in court the part of the judgment that
"covered party" at LMC1T's request, to assist it is within the applicable limits of coverage.
in the investigation or defense of the claim or
SECTION VI - CONDITIONS •
In addition to the COMMON CONDITIONS, e. Which constitutes dishonesty on the part of a
Liability Coverage Parts A and C are subject to the "covered party"; or
following conditions:
f. Which constitutes the willful violation of a
1. LIMITATIONS ON LMCIT'S DUTY TO statute or ordinance by any official, employee,
INDEMNIFY or agent of the "city".
LMCIT's duty to pay on behalf of or to indemnify The terms "malfeasance", "willful neglect of
a "covered party" other than the "city" shall not duty", and "bad faith" shall be given the same
apply to any act, error, omission, or violation: meaning in this covenant as given in the applicable
statute with respect to the "city's" duty to defend
a. Which constitutes malfeasance in office; or or indemnify its officers, employees or agents.
b. Which constitutes willful neglect of duty; or 2. FINANCIAL RESPONSIBILITY LAW
c. Which constitutes bad faith; or When this covenant is certified as proof of
financial responsibility for the future under the
d. For which the "city" is not authorized to provisions of any motor vehicle financial
indemnify any person by statute; or responsibility Iaw, such coverage as is afforded by
this covenant shall comply with the provisions of
such law to the extent of the coverage and limits of •
liability required by such law.
LMCIT CMC(11-86)(Rev.11-00) Page 18 of 22
• 3. "COVERED PARTY'S" DUTIES IN party" shall not, except at his own cost,
THE EVENT OF OCCURRENCE, CLAIM voluntarily make any payment, assume any
OR SUIT obligation or incur any expense other than for
first aid to others at the time of accident.
a. In the event of a claim or suit, notice containing
particulars sufficient to identify the "covered d. With respect to any incident or occurrence for
party" and also reasonably obtainable which no claim for damages has been made but
information with respect to the time, place and that might result in a covered claim for damages
circumstances thereof, and the names and under this covenant, LMCIT shall have the
addresses of the injured and of available right, at its discretion and at its expense, to
witnesses, shall be given by or for the "covered associate with the "covered party" in the
party" to LMCIT or any of its authorized agents investigation, handling and defense of such
as soon as practicable. matter, in which event LMCIT and the "covered
party" shall mutually cooperate.
The "city" shall promptly take, at its own
expense, all reasonable steps to prevent 4. EXTENDED REPORTING PERIOD
damages from arising out of the same or similar
conditions; provided that: a. LMCIT will provide one or more extended
reporting periods, as described below, if:
(1) A failure to take such preventative measures
shall not constitute a breach of this condition (1) COVERAGE A is canceled or not renewed;
unless LMCIT has requested the "city" in or
writing to undertake such preventative
measures; and (2) LMCIT renews or replaces COVERAGE A
• with coverage that:
(2) Such expense shall not be recoverable under
this covenant. (a) Has a retroactive date later than the date
shown on the Declarations page; or
Notice of damages or injury is not notice of a
claim. (b) Does not apply on a claims made basis.
b. If claim is made or suit is brought against the b. A basic extended reporting period of 60 days
"covered party", the "covered party" shall from the end of the coverage period is
immediately forward to LMCIT every demand, automatically provided without additional
notice, summons or other process received by charge.
him or his representative.
c. A supplemental extended reporting period of
c. The "covered party" shall cooperate with unlimited duration is available, but only by an
LMCIT and, upon LMCIT's request, assist in endorsement and for an extra charge. The
making settlements, assist in the conduct of suits supplemental extended reporting period starts
and assist in enforcing any right of contribution 60 days after the end of the coverage period.
or indemnity against any person or organization
who may be liable to the "covered party" The "city" must give LMCIT a written request
because of damages for which coverage is for the endorsement within 60 days after the end
afforded under this covenant; and the "covered of the coverage period. The supplemental
party" shall attend hearings and trials and assist extended reporting period will not go into effect
in securing and getting evidence and obtaining unless the "city" pays the additional premium
• the attendance of witnesses. The "covered promptly when due.
LMCIT CMC(11-86)(Rev.11-00) Page 19 of 22
The additional premium for the supplemental 5. ACTION AGAINST LMCIT
extended reporting period will be a percentage •
of the annual expiring premium for No action shall lie against LMCIT unless, as a
COVERAGE PART A. condition precedent thereto, there shall have been
full compliance with all of the terms of this
Number of Years Since covenant, nor until the amount of the "covered
Retroactive Date Shown party's" obligation to pay shall have been fully
on Declarations Page Additional Cost determined either by judgment against the
"covered party" after actual trial or by written
1 55.0% agreement of the "covered party", the claimant and
2 57.0% LMCIT.
3 60.3%
4 65.9% Any person or organization or the legal
5 70.8% representative thereof who has secured such
5+ 70.8% judgment or written agreement shall thereafter be
entitled to recover under this covenant to the extent
d. An extended reporting period does not extend of the coverage afforded by this covenant. No
the coverage period or change the scope of person or organization shall have any right under
coverage provided. It applies only if the date of this covenant to join LMCIT as a party to any
the occurrence giving rise to the claim for action against the "covered party" to determine the
damages is after the retroactive date and before "covered party's" liability, nor shall LMCIT be
the end of the coverage period. impleaded by the "covered party" or his legal
representative.
Claims for damages which are first received and
recorded during the basic extended reporting Bankruptcy or insolvency of the "covered party" or
period (or during the supplemental extended of the "covered party's" estate shall not relieve
reporting period, if it is in effect) will be LMCIT of any of its obligations hereunder.
deemed to have been made on the last day of the
coverage period. 6. WAIVER OF STATUTORY LIABILITY
LIMITATIONS
Once in effect, extended reporting periods may
not be canceled. a. It is the express intent of the "city" and of
LMCIT that the procurement of this covenant
e. Extended reporting periods do not reinstate or shall not waive any monetary limits of liability
increase the limits of coverage applicable to any provided by Minnesota Statute §466.04 by any
claim to which this coverage part applies. comparable or successor statute, or by common
law, which may be applicable to any "covered
f. Neither the basic extended reporting period nor party"; and that any previous waiver of liability
the supplemental extended reporting period is limits is revoked to the extent that it may apply
applicable to, and no extended reporting period to claims covered under this covenant.
is provided for, the following:
b. It is the express intent of the "city" and of
(1) Any limited pollution liability claim; LMCIT that the procurement of this covenant
shall not waive any other immunities,
(2) Any land use, development or franchise limitations, or defenses imposed by or available
litigation; under any statute or common law which is
(3) Any lead or asbestos claim; or applicable to any "covered party".
(4) Any year 2000 claim. •
LMCIT CMC(11-86)(Rev.11-00) Page 20 of 22
7. CONSENT TO SETTLE shall not be included in the calculation of
• damages for purposes of any applicable
The "city" may prohibit LMCIT from settling any Municipal Liability Deductible or General
claim or suit against a "covered party" without the Annual Aggregate Deductible".
"city's" consent, as provided below:
e. If the "city" refuses to consent to a settlement
a. At any time before LMCIT has offered or made recommended by LMCIT, LMCIT may, at its
--
a settlement of a claim or suit, the "city" may sole discretion, exercise either of the following
notify LMCIT that LMCIT may not settle the options:
claim or suit without the "city's" consent. The
"city" must give a separate notice for each (1) LMCIT may pay to the "city" an amount
claim or suit which the "city" intends to prohibit equal to the amount of the recommended
LMCIT from settling without the "city's" settlement, minus any applicable deductible. If
consent. LMCIT makes such payment, LMCIT has no
further duty to defend or to indemnify the "city"
b. If the "city" notifies LMCIT that the claim or or any other "covered party" for this claim or
suit may not be settled without the "city's" suit, and the "city" assumes any duty which
consent, the "city" must designate an individual LMCIT would otherwise have had to defend and
authorized to give or refuse consent on the to indemnify any other "covered party".
"city's"behalf. The "city's" notice must include
the name, address, and telephone number of the (2) LMCIT may continue to defend the claim or
individual authorized to give or refuse consent suit. If LMCIT elects to continue to defend the
on the "city's" behalf. claim or suit, the "city" must reimburse LMCIT
for any excess amount.
• c. If the "city" has notified LMCIT that the claim
or suit may not be settled without the "city's" f. If the "city" refuses to consent to a settlement
consent, LMCIT will notify the "city" of the recommended by LMCIT, the "city" must
terms and conditions of any proposed defend and indemnify LMCIT for any claim or
settlement. If the "city" does not consent to the suit arising out of the failure to settle the
proposed settlement, the "city" must notify original claim or suit.
LMCIT within 14 days of the date the "city"
receives notice of the proposed settlement, 8 RETROACTIVE JOINT POWERS
unless the "city" and LMCIT have mutually COVERAGE
agreed to a longer or shorter period. If within .
that time the "city" does not notify LMCIT that LMCIT will, upon the "city's" request, issue
the "city" does not consent to the settlement, the retroactive comprehensive municipal coverage to
"city" will be deemed to have consented to the any joint powers entity in which the "city" is a
settlement. member and which is not named as a "covered
party" under any other LMCIT coverage.
d. If the "city" refuses to consent to a settlement
recommended by LMCIT, LMCIT will not be Pursuant to this section, LMCIT will issue its
liable for any excess amount. Excess amount standard Comprehensive Municipal Coverage
means the sum of all damages and legal defense document to the joint powers entity, but coverage
costs for the claim or suit minus the sum of: shall be subject to an annual aggregate limit of
$200,000. This limit shall apply to the sum of
(1) The amount of the settlement proposed by damages and loss adjustment expenses, including
LMCIT; and defense costs, for all claims to which the coverage
• (2) Any costs of defense incurred before the applies.
date of the "city's" refusal. Any excess amount
LMCIT CMC(11-86)(Rev.11-00) Page 21 of 22
•
Coverage issued pursuant to this section will be 10. OTHER COVERAGE
issued with the same inception date and the same
•
retroactive date as this covenant. If, pursuant to the COMMON CONDITIONS,
13.a., a "covered party" has primary liability
The premium must be paid to LMCIT before the coverage as an additional insured or additional
coverage goes into effect. The premium for named insured on another party's coverage, and
coverage issued pursuant to this section shall be that insurer fails to defend or indemnify the
equal to the greater of$5,000 or the premium the "covered party", LMCIT will do so under this
joint powers entity would otherwise pay for covenant.
coverage at LMCIT's current rates.
In any case in which LMCIT incurs costs for a
9. NO DUPLICATION OF COVERAGE claim which is also covered under any other
liability coverage or insurance, LMCIT shall be
This covenant shall not apply to any claim or entitled to the "covered party's" rights to recover
claims arising out of an occurrence, if any claim or those costs from that insurer. The "covered party"
claims arising out of that occurrence were covered shall cooperate with and assist LMCIT as
under any prior covenant issued by LMCIT to the requested in enforcing any rights against that
"city". insurer.
•
•
LMCIT CMC(11-86)(Rev.11-00) Page 22 of 22
•
MEDICAL PAYMENTS EXCLUSION
It is understood and agreed that Coverage B. Medical and Related Payments, is
excluded and the limits stated for Medical Expense Limit on DEC-013 do not apply.
•
All other terms and conditions remain unchanged.
LMCIT
• ME062(01-95) (Rev.11/99)
Page 1 of 1
• COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE
111 Coverage A Municipal Liability
riCoverage A Municipal Liability but only for Bodily Injury,Property
Damage or Personal Injury
riCoverage A Municipal Liability, except for Bodily Injury,Property
Damage or Personal Injury
Coverage B Medical and Related Payments
I " I Coverage C Automobile Liability - Bodily Injury and Property Damage
Coverage D Land Use,Development or Franchise Litigation
•
In consideration of the premium charged, it is understood and agreed that the Declarations and
Section II-Who Is Covered are amended to include:
Economic Development Authority subject to a retroactive date of July 7, 1998.
for all coverage where El is X'd above.
All other terms and conditions remain unchanged.
•
LMCIT Page 1 of 1
ME066(11/96)(Rev. 11/00)
, LMC
MUNICIPAL LIABILITY ,tea,„e, i,,nesota(:i(res
Citiws promoting ,xceI/ence
OAK PARK HEIGHTS, CITY OF COVENANT NUMBER CMC 21925
HAZARD PREMIUM BASIS : ADVANCED PREMIUM
I I 1
i 1
Premises Operations Code: Basis
OPERATING EXPENDITURES : A e 2,374,398e PREMIUM INCLUDEDe
1 FOR ALL HAZARDS
: WATERWORKS i D i 104,650: WHERE A PREMIUM i
BASIS IS SHOWN �
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Independent Contractors
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roducts/Completed Operations
ATERWORKS : H : 200,000,000:
I a
LMCIT
MGL-1(01-95)
Page 1 of 2
MUNICIPAL LIABILITY
(Cont'd.)
•
Municipal Liability Hazard Codes
When used as a premium basis:
Code
(A) "Operating expenditures" means all expenditures used to operate the
city, excluding capital purchases, where the individual project or item
exceeds five percent (5%) of the total operating expenditures of the city;
expenditures for the independent contractors that provide the city with
certificates of insurance indicating adequate limits; welfare benefits and
expenditures for those exposures which we are separately rating, per
$1 ,000.
(B) "Per mile" means the total number of miles of streets, paved or unpaved,
owned by the city, within the city limits, not including toll roads or
bridges, per mile.
(C) "Receipts" means the gross amount of money charged by the city,
• including taxes, for operations rated on a receipts' basis (this does not
include taxes which are collected separately and remitted directly to this
or any other governmental entity), per $100. of receipts.
(D) "Payroll" means the entire payroll (remuneration) earned during the
coverage period, including overtime, employees of the city working in the
department (classification) shown, per $100. payroll.
(E) "Each" means per unit.
•
(F) "Square footage" means per square foot.
(G) "Cost" means the total cost for operations performed for the city by an
independent contractor during the coverage period, including the cost of
labor, materials and equipment furnished, and all fees or commission
made, whether paid or due.
(H) "Per gallon" means annual usage of water, per 1 ,000000 9 allo
ns.
LMCIT
MGL-1(01-95)
Page 2 of 2
Covenant Number: MUNICIPAL AUTOMOBILE DECLARATIONS
CMC 21925 Coverage is Provided by:
THE LEAGUE OF MINNESOTA CITIES
INSURANCE TRUST
(Herein called LMCIT) of Minnesota Cities'
• Cities promoting assailants
Item 1. CITY: OAK PARK HEIGHTS, CITY OF
Item 2. COVERAGE PERIOD:
From: 07/07/01 To: 07/07/02 12:01 AM Standard Time at Mailing Address
Indicated on Common Coverage Declarations
•
Item 3. THE COVERED PARTY IS: CITY
Item 4. COVERAGE:
IN RETURN FOR THE PAYMENT OF PREMIUM AND SUBJECT TO ALL OF THE TERMS OF THIS COVENANT,LMCIT
AGREES WITH THE COVERED PARTY TO PROVIDE THE COVERAGE AS STATED IN THIS CONVENANT,
SUBJECT TO THE FOLLOWING LIMITS:
COVERAGE: LIMIT:
AUTOMOBILE LIABILITY $1,000,000 Per Occurrence
PERSONAL INJURY PROTECTION Basic Minnesota Statutory Coverage
UNINSURED&UNDERINSURED MOTORISTS $1,000,000 Per Occurrence
• AUTOMOBILE PHYSICAL DAMAGE Actual Cash Value,Unless Endorsed
Item 5. DEDUCTIBLE (SUBJECT TO GENERAL ANNUAL AGGREGATE DEDUCTIBLE,IF ANY, SHOWN ON
COMMON COVERAGE DECLARATIONS).
$ 500 per occurrence
Item 6. FORMS AND ENDORSEMENTS ATTACHED TO THIS COVERAGE PART:
A0010(11-00) A2108(11-96) A2225(11-89) CM C(11-00)
ME063(11-95) ME066(11-00)
LMCIT DEC-016(11/86)(Rev.11/00)
•
MUNICIPAL AUTOMOBILE PHYSICAL
DAMAGE COVERAGE
Various provisions in this covenant restrict The word you and your refer to the city
coverage. Read the entire covenant shown in the Declarations. The words
carefully to determine rights, duties and we, us and our refer to LMCIT providing
what is or is not covered. Throughout this this covenant.
covenant, the word city refers to the first
city shown in the Declarations. The word Other words and phrases that appear in
LMCIT refers to the League of Minnesota italics have special meaning, as given in
Cities Insurance Trust. SECTION IV-DEFINITIONS.
SECTION I-COVERAGE AGREEMENT
We will pay for direct and accidental covered as described under SECTION II-
damage or loss to a covered automobile CAUSES OF LOSS AND DAMAGES
unless the cause of loss or damage is not NOT COVERED.
• SECTION II-CAUSES OF LOSS AND DAMAGES NOT COVERED
1. CAUSES OF LOSS NOT COVERED (2) Warlike action by a military force,
including action in hindering or
We will not pay for loss or damage defending against an actual or expected
caused directly or indirectly by any of attack by any government, sovereign
the following. Such loss or damage is or other authority using military
excluded regardless of any other cause personnel or other agents; or
or event that contributes concurrently or
in any sequence to the loss. (3) Insurrection, rebellion, revolution,
usurped power or action taken by
a. Nuclear hazard, nuclear reaction governmental authority in hindering or
or radiation, or radioactive defending against any of these.
contamination, however, caused.
2. DAMAGES NOT COVERED
b. War
We will not pay for the following
(1) War including undeclared or damages:
civil war;
41) LMCIT A0010(11-89)(Rev. 11-00) Page 1 of 5
•
a. Damages caused by; This exclusion does not apply if
the above damage results from
(1) Wear and tear; other loss or damage covered by
this Coverage Part.
(2) Freezing; except freezing of the
pumping apparatus of a fire truck or b. Blowouts, punctures, or other
similar emergency or other utility road damage to tires.
truck; or
This exclusion does not apply if
(3) Mechanical or electrical the above damage results from
breakdowns. other loss or damage covered by
this Coverage Part.
SECTION III-LIMITS OF COVERAGE AND VALUATION
1. LIMITS OF COVERAGE total loss incurred by you from any one
occurrence, regardless of the number of
a. The most we will pay for loss or covered automobiles involved.
damage is the smaller of the
following amounts: 2. LOSS VALUATION
(1) The actual cash value of the a. At our option we may: •
damaged or stolen property at the
time of the loss or damage; or (1) Pay for, repair, or replace
damaged or stolen property;
(2) The cost of repairing or
replacing the damaged or stolen (2) Return the stolen property at
property with other like kind and our expense. We will pay for any
quality. damage that results to the covered
automobile from the theft; or
b. We will not pay for loss or damage
in any one occurrence until the (3) Take all or any part of the
amount of loss or damage exceeds damaged or stolen property at an
the Deductible in Item 5 of the agreed or appraised value.
Declarations and the amount of loss
will be reduced by the deductible b. If you and we fail to agree as to
amount. the amount of loss or damage, either
may:
The deductible applies against the
LMCIT A0010(11-89)(Rev. 11-00) Page 2 of 5
•
•
Demand an appraisal of the loss or differences to the umpire. An award
damage. In such event, you and we agreed to by any two will be binding.
shall each select a competent Each party will:
appraiser. The two appraisers will
select a competent and disinterested (1) Pay its chosen appraiser
umpire. If they cannot agree, either and;
may request that selection be made
by a judge of court having (2) Bear the other expenses of the
jurisdiction. The appraisers will appraisal and umpire equally.
state separately the actual cash value
and the amount of the loss or We shall not be held to have waived any
damage. If the appraisers fail to of our rights by any act relating to
agree, they will submit their appraisal.
SECTION IV-DEFINITIONS
1. Automobile means a land motor vehicle, renting automobiles if the rental
trailer or semi-trailer designed for agreement requires you or the
travel on public roads. individual renting the automobile to
• pay for loss or damage to the
2. Covered automobile means: automobile.
a. Any automobile that you own; Any automobile which is owned by a
city officer, employee, or volunteer and
b. Any automobile that you rent or which is being used for city business by
lease for a period of more than 30 that officer, employee, or volunteer is •
days; not considered to be leased, rented, or
borrowed by the city.
c. Any automobile that you borrow;
3. City means governmental body or entity
d. Any automobile that you rent or first named in the Declarations. For
lease from a person or organization purposes of this coverage, city includes
that is not in the business of renting relief associations. Unless specifically
or leasing automobiles; or named in the Declarations, city shall not
include:
e. Any automobile that you or a city
officer, employee, or volunteer a. Gas, electrical or steam utilities
rents for city business for less than commission;
30 days from a person or
organization in the business of b. Port authority, housing and
• LMCIT A0010(11-89)(Rev. 11-00) Page 3 of 5
•
redevelopment authority, economic governmental units entering into an
development authority, area or agreement as provided by statute for the
municipal redevelopment authority joint exercise of governmental powers.
or similar agency; An intergovernmental agreement will be
deemed to create a joint powers entity if
• c. Municipal power agency; the agreement establishes a board with
the effective power to do any of the
d. Municipal gas agency; following, regardless of whether the
specific consent of the constituent
e. Hospital or nursing home board or governmental units may be required:
commission;
a. To receive and expend funds;
f. Airport commission;
b. To enter into contacts;
g. Welfare or public relief agency;
c. To hire employees;
h. School board;
d. To purchase or otherwise acquire
i. Joint powers entity. or hold real or personal property; or
4. Joint powers entity means an operating e. To sue or be sued.
•
entity created by two or more
SECTION V- CONDITIONS
•
1. COVERAGE UNDER TWO OR (1) During the coverage period
MORE COVERAGES shown in the Declarations; and
If two or more of this covenant's (2) Within the coverage territory.
coverage's apply to the same loss or
damage, we will not pay more than the b. The coverage territory is:
actual amount of the loss or damage.
(1) The United States of America
2. COVERAGE PERIOD, COVERAGE (including its territories and
TERRITORY possessions);
Under this Coverage Part: (2) Puerto Rico; and
a. We cover loss or damage (3) Canada
commencing:
LMC1T A0010(11-89)(Rev. 11-00) Page 4 of 5 •
•
3. LOSS CONDITIONS c. You must do what is reasonably
necessary after the loss at our
Duties in the event of loss: expense to protect the covered
automobile from further loss.
a. You must promptly notify us of You must submit a proof of
any loss. loss when required by us.
b. You must tell us how, when, and d. You must promptly notify the
where the loss happened. You police if the covered automobile
must assist in obtaining the or any of its equipment is stolen.
names and addresses of any
witnesses.
•
• LMCIT A0010(11-89)(Rev. 11-00) Page 5 of 5
• Uninsured and Underinsured
Motorists Coverage
A. WORDS AND PHRASES WITH SPECIAL a. Owned or operated by a self-insurer under
MEANING any applicable motor vehicle law.
In addition to the WORDS AND PHRASES WITH b. Owned by a governmental unit or agency.
SPECIAL MEANING in the COVENANT, the
following words and phrases have special meaning for c. Designed for use mainly off public roads
UNINSURED MOTORISTS COVERAGE, and while not on public roads.
UNDERINSURED MOTORISTS COVERAGE.
4. "Underinsured motor vehicle" means a land
1. "Family Member" means a person related to you motor vehicle or trailer for which the sum of all
by blood, marriage or adoption who is a resident liability bonds or policies at the time of an
of your household, including a ward or foster accident provides at least the amounts required
child. by the applicable law where a covered auto is
principally garaged but their limits are less than
2. "Occupying" means in, upon, getting in, on, out the limit of this insurance. However,
or off. "underinsured motor vehicle" does not include
any vehicle:
1
3. "Uninsured motor vehicle" means a land motor
• vehicle or trailer: a. Owned or operated by a self-insurer under
any applicable motor vehicle cle lav.
a. For which no liability bond or policy at the
time of an accident provides at least the b. Owned by a governmental unit or agency.
amounts required by the applicable law
where a covered auto is principally garaged, c. Designed for use mainly off public roads
or while not on public roads.
b. For which the sum of all liability bonds or d. Which is an uninsured motor vehicle.
policies at the time of an accident provides at
least the amounts required by the applicable B. WE WILL PAY
law where a covered auto is principally
garaged but their limits are less than the limit 1. We will pay all sums the beneficiary is legally
of this insurance, or "
entitled to recover as "damages" from the owner •
or driver of an uninsured motor vehicle or
c. For which an insuring or bonding company underinsured motor vehicle. The "damages"
denies coverage or is or becomes insolvent, must result from bodily injury sustained by a
or "covered party" caused by an accident. The
owner's or driver's liability for these "damages"
d. Which is a hit-and-run vehicle and neither the must result from the ownership, maintenance
P or
driver nor owner can be identified. The use of the uninsured motor vehicle or
vehicle must hit a beneficiary, a covered auto underinsured motor vehicle.
or a vehicle a beneficiary is occupying.
2. If this coverage provides a limit in excess of the
However, "uninsured motor vehicle" does not amounts required by the applicable law where a
• include any vehicle: covered auto is rinci all
P p y garaged, we will pay
A2108(11/96) Page 1 of 2
only after all liability bonds or policies have been 2. Any amount payable under this COVERAGE •
exhausted by judgments or payments. shall be reduced by:
3. Any judgment for "damages" arising out of a suit a. All sums paid by or for anyone who is legally
brought without written notice to us is not responsible, including all sums paid under the
binding on us. COVENANT'S LIABILITY coverage.
C. WE WILL NOT COVER-EXCLUSIONS F. CHANGES IN CONDITIONS
This does not apply to: The CONDITIONS of the COVENANT are changed
for UNINSURED MOTORISTS COVERAGE as
1. Any claim settled without our consent, follows:
2. The direct or indirect benefit of any insurer or 1. YOUR DUTIES AFTER ACCIDENT OR LOSS
self-insurer under any workers' compensation, is changed by adding the following:
disability benefits or similar law.
a. Promptly notify the police if a hit-and-run
3. Bodily injury sustained by you or any family driver is involved, and
member while occupying or struck by any
vehicle owned by you or any family member b. Promptly send us copies of the legal papers if
which is not a covered auto. a suit is brought.
4. Anyone using a vehicle without a reasonable 2. OUR RIGHT TO RECOVER FROM OTHERS
belief that the person is entitled to do so. is changed by adding the following:
D. WHO IS COVERED If we make any payment and the "covered party"
recovers from another party, the beneficiary shall
1. You or any family member. hold the proceeds in trust for us and pay us back
2. Anyone else occupying a covered auto or a the amount we have paid.
temporary substitute for a covered
auto. The covered auto must be out of service
because of its breakdown, repair, servicing, loss
or destruction.
3. Anyone for "damages" he or she is entitled to
recover because of bodily injury sustained by
another beneficiary.
E. OUR LIMIT OF LIABILITY
1. Regardless of the number of "covered parties",
claims made or vehicles involved in the accident,
the most we will pay for all "damages" resulting
from any one accident is the limit of
UNINSURED AND UNDERINSURED
MOTORISTS COVERAGE shown in the
declarations.
•
A2108(11/96)
Page 2 of 2
Personal Injury Protection Endorsement
• (Minnesota)
LMCIT agrees to provide Statutory Minnesota No-Fault Coverage for all autos described on the
Municipal Automobile Declarations.
The Comprehensive Municipal Coverage Common Conditions also apply unless they are in conflict with
the Minnesota No-Fault law. In that event, Minnesota No-Fault law shall govern.
•
•
•
LMCIT A-2225(11/89)
• Definition of "City" Endorsement
It is understood and agreed that "city" is amended to include:
Economic Development Authority
All other terms and conditions remain unchanged.
•
• LMCIT ME063(11/95)
4
• COMPREHENSIVE MUNICIPAL LIABILITY COVERAGE
nCoverage A Municipal Liability
riCoverage A Municipal Liability but only for Bodily Injury,Property
Damage or Personal Injury
riCoverage A Municipal Liability, except for Bodily Injury,Property
Damage or Personal Injury
IICoverage B Medical and Related Payments
X Coverage C Automobile Liability - Bodily Injury and Property Damage
Ei Coverage D Land Use,Development or Franchise Litigation
•
In consideration of the premium charged, it is understood and agreed that the Declarations and
Section II-Who Is Covered are amended to include:
Economic Development Authority subject to a retroactive date of July 7, 1998.
for all coverage where 0 is X'd above.
All other terms and conditions remain unchanged.
•
LMCIT Page 1 of 1
ME066(11/96)(Rev. 11/00)
•
LMC
League of Minnesota Cities
Cities promoting excellence
League of Minnesota Cities
145 University Avenue West
St.Paul,MN 55103-2044
(651)281-1200
Municipal
Excess
Liability
Coverage
Administered By:
Berkley Risk Services, Inc.
145 University Avenue West
St.Paul,MN 55103-2044
(651)281-1200
•
**IMPORTANT**
PLEASE READ YOUR AGREEMENT
Covenant Number: MUNICIPAL EXCESS t
MEL- 4055 LIABILITY DECLARATIONS
Coverage is Provided by: LMC
THE LEAGUE OF MINNESOTA CITIES
1.43.9.../Minnesota Cities
�ous Covenant Number: INSURANCE TRUST cities promoting excellence
MEL- 3755 (Herein called LMCIT)
Item 1. CITY and MAILING ADDRESS:
CITY OF OAK PARK HEIGHTS ,1 ,
14168 OAK PARK BOULEVARD
MN 55082
Item 2. COVERAGE PERIOD: One Year(s)
From:7-07-01 To:7-07-02 12:01 AM Standard Time
at Mailing Address Indicated
on ITEM ONE.
Items. RETROACTIVE DATE: 7-07-87
Item 4. THE COVERED PARTY IS:
X City Joint Powers Entity Other(Describe)
Item 5. LIMITS OF COVERAGE:
Each Occurrence $1,000,000.
Aggregate Limit $1,000,000.
Minimum Retention $ 10.000.
(If Applicable)
06. PREMIUM: $6,742.
Item 7. AUDIT PERIOD: Annual X None Other(Describe)
Item 8. SCHEDULE OF UNDERLYING COVERAGE:
Primary Coverage Provided by: LMCIT
Covenant Number:CMC 21925
Coverage Period: From:7-07-01 To:7-07-02
Including those coverages X'd below:
LIMITS:
X Automobile X Municipal Land Use, Municipal
Liability Liability Development or Liquor
Franchise Litigation Liability
Liability
$1,000,000 CSL $1,000,000 CSL* $1,000,000 CSL* $ $
*See underlying coverage document for other specific limits that may apply.
Employers Liability:
Carrier: LMCIT Coverage B Limits:$1,000,000./$1,000,000
Policy Number:
Policy Term: From:7-07-01 To:7-07-02
Other:
Carrier:
Policy Number:
Policy Term: From: To:
Item9. FORM NUMBERS AND/OR ENDORSEMENTS FORMI G A PART OF THE AGREEMENT AT ISSUE: MELC(11-98),
UME-4(11-99) UME-43(01-95) UME-46(01-9 UME-47(11-97)
• 1 f
Execu Ive Director, LMCIT
LMCIT DEC-017(11/96)(Rev. 11/00)
• MUNICIPAL EXCESS LIABILITY COVERAGE
Various provisions in this covenant restrict coverage. League of Minnesota Cities Insurance Trust,
Read the entire coverage agreement and any hereinafter referred to as LMCIT.
underlying coverage carefully to determine rights,
duties and what is covered and not covered. The words "this coverage" mean the liability
coverage provided under this covenant.
Throughout this covenant the words "you" and
"your" refer to the "city" shown in the Declarations. Other words and phrases that appear in italics have
The words "we", "us" and "our" refer to the special meaning. Refer to SECTION III -
DEFINITIONS.
SECTION I - LIABILITY COVERAGE
1. COVERAGE AGREEMENT c. The amount "we" will pay for damages and
defense expense is limited as described in
a. "We" will pay those sums, in excess of the SECTION II - LIMITS OF COVERAGE.
amount payable under the terms of any under- Damages include prejudgment interest awarded
lying coverage, that the covered party becomes against the insured.
• legally obligated to pay as damages because of
injury or damage to which this covenant d. With respect to any coverage provided by
applies, provided that the underlying coverage underlying coverage on a claims made basis,
also applies, or would apply but for the "this coverage" does not apply to any injury or
exhaustion of its applicable limits of coverage. damage,or personal injury offense,or negligent
If, however, a Minimum Retention applies, as act, error, omission, or violation(or the first in
set forth in paragraph 4 below, "we" will pay a series of related acts, errors, omissions, or
only those sums in excess of the Minimum violations) which occurred or were committed
Retention. before the retroactive date, if any, shown in the
Declarations of this covenant or which occurs
b. "We" will have the right to participate in the or is committed after the coverage period.
defense of claims or suits against the covered
party seeking damages because of injury or e. This covenant is subject to the same terms,
damage to which "this coverage" may apply. conditions, agreements, exclusions and defini-
"We" will have a duty to defend such claims or tions as the underlying coverage, except:
suits when the applicable limit of coverage of
the underlying coverage has been used up by (1) "We" will have no obligation under this
payment of judgments, settlements and any cost covenant with respect to any claim or suit
or expense subject to such limit. that is settled without "our" consent; and
This right or duty to defend is limited as set (2) With respect to any provisions to the
forth in paragraph 3, below. contrary contained in this covenant.
•
LMCIT MELC(11/86)(Rev.12/95; 11/96; 11/97:11/98) Page 1 of 8
i
2. EXCLUSIONS
The exclusions applicable to the underlying litigation" suit which may not be settled without
coverage also apply to this covenant.Additionally, the approval of both LMCIT and the "city".
this covenant does not apply to:
b. "Our" right or duty to defend ends when "we"
a. Any obligation to pay expenses under any have used up the amount of coverage available
medical payments coverage. in the payment of any combination of
judgments, settlements or defense expense, as
b. Any obligation imposed by law under any provided under SECTION II - LIMITS OF
automobile no-fault, uninsured motorist, under COVERAGE. This applies both to claims and
insured motorist, Workers' Compensation, suits pending at that time and those filed
disability benefits or unemployment thereafter.
compensation law or any similar law.
c. When "we" control the defense of a claim or
c. Any loss or claim for damage that is caused in suit, "we" will pay for the defense expense. If
part or in total by nuclear reaction or radiation, by mutual agreement or court order the covered
or radioactive contamination, however caused. party assumes control before the applicable
amount of coverage available is used up, "we"
d. Any "lead or asbestos claim" as defined in the will reimburse the covered party for reasonable
underlying coverage. defense expense. In either case, the amounts
"we" pay will reduce the amount of coverage
e. Any "failure to supply claim" as defined in the available as provided under SECTION II -
underlying coverage. LIMITS OF COVERAGE.
f. Any "year 2000 claim" as defined in the d. As soon as practicable after "we"become aware
underlying coverage. that an amount of coverage available is used up:
3. DEFENSE OF CLAIMS OR SUITS (1) "We" will notify "you" of any outstanding
claims and suits subject to that amount; and
a. When "we" have the duty to defend, and except
as provided under Section II - Limits of (2) "You" will then arrange to assume control
Coverage, paragraph 4, with respect to "land of the defense of all such claims and suits
use or development litigation", "we" will pay against "you" or any other covered party
for all defense expense once "our" duty to when "our" right or duty to defend them
defend begins. "We"may make investigation of ends.
any claim or suit as "we" think appropriate.
If "we" exercise "our" right to defend when
there is no duty, "we" will pay only that
defense expense "we" incur.
If"we"provide a defense, "we"may investigate
any claim or suit at "our" discretion. "We"may
settle such claim or suit within the amount of •
coverage available at the time of the settlement,
except for any "land use or development
LMCIT MELC(11/86)(Rev.12/95; 11/96; 11/97:11/98) Page 2 of 8
• e. "We" will assist the covered party in the (2) "You" will reimburse "us" for any defense
transfer of control of the defense of claims and expense that arises out of such steps if the
suits under (c.) or (d.) above. Until such applicable amount of coverage available has
arrangements are completed, "we" will take on been used up.
behalf of any covered party those steps that
"we" think appropriate: 4. MINIMUM RETENTION
(1) To avoid a default in any claim or suit; or The Minimum Retention, if any, shown in the
Declarations applies to all injury and damage
(2) To the continued defense of a claim or suit. arising out of any one occurrence, if at the time of
m or suit for any such injury or
the first claim y ) y
"You" agree that if "we" take such steps: damage the applicable aggregate limit of the
underlying coverage has been used up by payment
(1) "We" do not waive or give up any of"our" of judgments, settlements, and any costs or
rights under this covenant; and expenses subject to such limit.
SECTION II - LIMITS OF COVERAGE
1. The limits of coverage shown in the Declarations 3. Subject to (2) above, the each occurrence limit is
• and the rules below fix the most "we" will pay the most "we" will pay for the sum of damages
under the terms of this covenant regardless of the under SECTION I - LIABILITY COVERAGE
number of: because of all injury and damage arising out of any
one occurrence.
a. Covered parties;
4. For any "land use or development litigation" as
b. Claims made or suits brought; defined in the underlying coverage to which "this
coverage" applies, "we" will pay the same
c. Persons or organizations making claims or percentages of defense costs and/or damages as
suits. would otherwise be paid by the underlying
coverage subject to the limits shown in the
2. The amount of coverage stated as the aggregate Declarations for this covenant.
limit is the most "we" will pay for the sum of:
5. The limits of "this coverage" apply separately to
a. Damages under SECTION I - LIABILITY each consecutive annual period and to any
COVERAGE; and remaining period of less than 12 months, starting
with the beginning of the coverage period shown in
b. Defense expense for claims and suits seeking the Declarations, unless the coverage period is
damages payable under a. above, except as extended after issuance for an additional period of
provided in the Appeals Condition. less than 12 months. In that case, the additional
period will be deemed part of the last preceding
Each payment "we" make for such damages or period for purposes of determining the limit of
defense expense reduces by the amount of the coverage.
II! payment the aggregate limit. This reduced limit
will then be the amount of coverage available for
further expenses and damages of these kinds.
LMCrr MELC(11/86)(Rev.12/95; 11/96; 11/97:11/98) Page 3 of 8
•
r
SECTION III - DEFINITIONS
1. Aggregate limit means the maximum amount stated (b) That portion of "our" employed attorney's
in the covenant for which LMCIT will be liable, fees, salaries and expenses allocated to a
regardless of the number of covered claims. specific claim or suit; and
2. Defense expense means payments allocated to a (c) The expenses described in (e) above.
specific claim or suit for its investigation,
settlement, or defense, including: (d) Fees and expenses of independent adjusters
"we" hire.
(a) Attorney fees and all other litigation expenses;
4. Occurrence means:
(b) The cost of bonds to appeal a judgment or
award in any suit "we" defend; a. With respect to bodily injury to persons other
than "your" employees and property damage,
.
(c) Up to $250 for the cost of bail bonds required an accident, including continuous or repeated
because of accidents or traffic law violations exposure to substantially the same general
arising out of the use of any vehicle to which harmful conditions; and
bodily injury liability coverage provided by
underlying coverage applies; b. With respect to bodily injury to "your"
employees arising out of and in the course of
(d) The cost of bonds to release attachments, but their employment by "you", the accident or
only for bond amounts within the amount of disease which causes the bodily injury; and
coverage available;
•
c. With respect to personal injury liability, all
(e) Reasonable expenses incurred by the covered personal injury arising out of a single offense
party at "our" request to assist "us" in the or a series of related offenses of which the
investigation or defense of the claim or suit, series of related offenses shall be deemed to
including actual loss of earning up to $100 a have occurred when the first offense in such
day because of time off from work; series occurred; or
(f) Cost taxed against the covered party in the d. With respect to errors or omissions injury, a
suit; negligent act, error, omission, or violation of
any rights, privileges, or immunities secured
(g) Interest on the full amount of any judgment by the Constitution and the laws of the United
that accrues after entry of the judgment and States of America or a series of related acts,
before "we" have paid, offered to pay, or errors, omissions, or violations of which the
deposited in court the amount available for the series of related acts, errors, omissions, or
judgment under the provisions of SECTION II violations shall be deemed to have occurred
- LIMITS OF COVERAGE. when the first act,error, omission,or violation
occurred.
3. Defense expense does not include:
(a) Salaries and expenses of "our" employees or
the covered party's employees, other than:
•
LMCIT MELC(11/86)(Rev.12/95; 11/96; 11/97:11/98) Page 4 of 8
1
• 5. Occurrence limit means any specific limit, other b. The same hazards covered, except as modified
than an aggregate limit, applicable to any by general program revisions or as agreed to
underlying coverage, regardless of whether such by "us" in writing; and
limit is subject to an aggregate limit in the
underlying coverage. c. The same retroactive date, if issued on a claims
made basis.
6. Underlying coverage means the liability coverage
provided under coverage agreements shown in the Underlying coverage also includes any extended
Declarations, for the limits and period indicated. reporting periods on the policies shown in the
It includes any coverage agreements issued to Declarations.It includes only coverage agreements
replace those coverage agreements during the term shown in the Declarations or endorsed onto this
of this covenant that provide: covenant.
a. At least the same coverage limits; 7. Underlying carrier means any carrier who issues
underlying coverage.
SECTION IV - CONDITIONS
If any of the following conditions are contrary to (1) How, when and where the occurrence
conditions contained in the underlying coverage the took place;
provisions contained in "this coverage" apply.
(2) The names and addresses of any injured
410 1. APPEALS person and witnesses; and
In the event the underlying carrier elects not to (3) The nature and location of any injury or
appeal a judgment in excess of the limits of the damage arising out of the occurrence.
underlying coverage, "we" may elect to make Notice of an occurrence is not notice of a claim.
such appeal. If"we" so elect, "we"shall be liable,
in addition to the applicable amount of coverage, b. If a claim is received by any covered party
for all defense expenses "we" incur. "you" must:
2. BANKRUPTCY OF UNDERLYING CARRIER (1) Immediately record the specifics of the
claim and the date received; and
In the event of bankruptcy or insolvency of any
underlying carrier, the coverage afforded by this (2) Notify "us" as soon as practicable.
covenant shall not replace such underlying
coverage, but shall apply as if the underlying "You" must see to it that "we" receive written
coverage was valid and collectible. notice of the claim as soon as practicable.
3. DUTIES IN THE EVENT OF OCCURRENCE, c. "You" and any other involved covered party
CLAIM OR SUIT must:
a. "You" must see to it that "we" are notified as (1) Immediately send "us" copies of any
soon as practicable of an occurrence which demands, notices, summonses or legal
may result in a claim to which "this coverage" papers received in connection with the
applies. To the extent possible, notice should claim or suit;
include:
(2) Authorize "us" to obtain records and
other information;
LMCIT MELC(11/86)(Rev.12/95; 11/96; 11/97:11/98) Page 5 of 8
r
and the underlying coverage is on a claims
(3) Cooperate with "us" in the investigation, made basis, "we" will:
settlement or defense of the claim or suit;
(a) Provide a basic extended reporting
(4) Assist "us", upon "our" request, in the period; and
enforcement of any right against any
person or organization which may be (b) Offer a supplemental extended
liable to the covered party because of reporting period endorsement,but only
injury or damage to which "this if "you" obtain a similar endorsement
coverage" may also apply; and for the underlying coverage, as
provided in CONDITION 7 -
(5) Notify "us" immediately of any judgment EXTENDED REPORTING PERIOD.
or settlement of any claim or suit brought
against any covered party. (3) If the retroactive date of any underlying
coverage is changed, "we" may:
d. No covered party will, except at its own cost,
voluntarily make a payment, assume any (a) Cancel this covenant as of the effective
obligation, or incur any expense,other than for date of the change in the retroactive
first aid, without "our" consent. date; and
(b) Offer to renew or rewrite this covenant
4. MAINTENANCE OF UNDERLYING with the same retroactive date as the
COVERAGE underlying coverage.
a. "You" agree to maintain the underlying c. Reduction or exhaustion of the aggregate limits •
coverage in full force and effect during the of any underlying coverage by payments or
term of this covenant and with respect to any judgments,settlements or defense expense will
claims made underlying coverage, during any not be a failure to maintain underlying
extended reporting period of this covenant,and coverage in full force and effect.
to inform "us" within 30 days of any
replacement of that underlying coverage by the d. No statement contained in this condition limits
same or another company. "our" right to cancel or not renew this
covenant.
b. "You" must notify "us" immediately:
5. OTHER COVERAGE
(1) Of any changes to the underlying coverage.
"We" may adjust "our" premium "This coverage" is excess over any other valid
accordingly from the effective date of the and collectible coverage whether primary,excess,
change to the underlying coverage; contingent or any other basis, except other
coverage written specifically to be excess over
(2) If any underlying coverage is canceled or "this coverage".
not renewed and not replaced, "we" will
not be liable under this covenant for more 6. COVERAGE PERIOD
than "we" would have been liable if that
underlying coverage had not terminated. a. If the underlying coverage applies on a claims
Except as provided in paragraph(3)below, made basis, "this coverage" will respond to
"we" may cancel the portion of this injury or damage only if a claim for damages
covenant that applies to that underlying is first received and recorded, in the manner •
coverage as of the date of termination of prescribed by the underlying coverage, during
the underlying coverage. If "we" cancel, the coverage period of this covenant shown in
LMCIT MELC(11/86)(Rev.12/95; 11/96; 11/97:11/98) Page 6 of 8
I
• the Declarations, including any extended "You" must give "us" a written request for the
reporting period applicable to this covenant, endorsement within 60 days after the end of the
regardless of any extended reporting period coverage period. The supplemental extended
applicable to underlying coverage. reporting period will not go into effect unless
"you"pay the additional premium promptly when
b. If the underlying coverage does not apply on a due.
claims made basis, "this coverage" will
respond to injury or damage that occurs or The additional premium for the supplemental
arises from an offense committed, during the extended reporting period will be a percentage of
coverage period of this covenant shown in the the annual expiring premium.
Declarations.
Number of Years
Since Retroactive
Date Shown on the
Declarations Page Additional Cost
7. EXTENDED REPORTING PERIOD
1 50%
With respect to coverage under this covenant that 2 70%
is excess over underlying coverage which applies 3 80%
on a claims made basis: 4 90%
5 100%
a. LMCIT will provide one or more extended 5+ 100%
reporting periods, as described below if:
• d. Extended reporting periods do not extend the
(1) SECTION I-LIABILITY COVERAGE is coverage period or change the scope of
canceled or not renewed; or coverage provided.
(2) LMCIT renews or replaces SECTION I - They apply only to claims:
LIABILITY COVERAGE with coverage
that: (1) For bodily injury or property damage
which occurs before the end of the
(a) Has a retroactive date later than the coverage period;
date shown on the Declarations page;
(2) For personal injury caused by an offense
(b) Does not apply to bodily injury, which occurs before the end of the
property damage, personal injury, or coverage period; or
errors or omissions injury on a claims
made basis.
b. A basic extended reporting period of 60 days
from the end of the coverage period is
automatically provided without additional
charge.
c. A supplemental extended reporting period of
unlimited duration is available, but only by an
endorsement and for an extra charge. The
•
supplemental extended reporting period starts
60 days after the end of the coverage period.
LMCrr MELC(11/86)(Rev.12/95; 11/96; 11/97:11/98) Page 7 of 8
I
1111
(3) For errors or omissions injury caused by a
negligent act, error, omission, or violation
that occurs before the end of the coverage
period;
but not before the retroactive date shown in the
Declarations.
Claims for injury or damage which are first
received and recorded during the basic
extended reporting period (or during the
supplemental extended reporting period, if it is
in effect)will be deemed to have been made on
the last day of the coverage period. Once in
effect, extended reporting periods may not be
canceled, unless underlying coverage is not
maintained.
e. Extended reporting periods do not reinstate or
increase the limits of coverage applicable to
any claim to which "this coverage" applies.
•
8. NO WAIVER OF STATUTORY LIABILITY
LIMITATIONS OR IMMUNITIES
a. It is the express intent of the city and of
LMCIT that the procurement of this covenant
shall not waive any monetary limits of liability
provided by Minnesota Statute 466.04,by any
comparable or successor statute, or by
common law, which may be applicable to any
"covered party"; and that any previous waiver
of liability limits is revoked to the extent that
it may apply to claims covered under this
covenant.
b. It is the express intent of the city and of
LMCIT that the procurement of this covenant
shall not waive any other immunities,
limitations, or defenses imposed by or
available under any statute or common law
which is applicable to any "covered party".
•
LMCIT MELC(11/86)(Rev.12/95; 11/96; 11/97:11/98) Page 8 of 8
UNINSURED/UNDERINSURED MOTORISTS - FOLLOW FORM
It is agreed and agreed that in so far as coverage is provided in the underlying
coverage, uninsured and underinsured motorists coverage is on a follow form basis.
•
All other terms and conditions remain unchanged.
LMCIT
UME-4 (01-95) (Rev. 11-99)
Page 1 of 1
• EXTENDED REPORTING PERIOD - LIMITED POLLUTION EXCEPTION
With respect to Limited Pollution Coverage under this Covenant, which is excess over
underlying coverage, the basic extended reporting period and the supplemental
extended reporting periods under Section IV - Conditions are not available.
•
All other terms and conditions remain unchanged.
•
LMCIT
UME-43 (01-95)
Page 1 of 1
• EXTENDED REPORTING PERIOD - LAND USE LIABILITY EXCEPTION
With respect to Land Use Liability Coverage under this Covenant, which is excess over
underlying coverage, the basic extended reporting period and the supplemental
extended reporting periods under Section IV - Conditions are not available.
•
All other terms and conditions remain unchanged.
•
LMCIT
UME-46 (01-95)
Page 1 of 1
• MUNICIPAL EXCESS LIABILITY COVERAGE
WAIVER OF STATUTORY LIABILITY
LIMITATIONS ENDORSEMENT
In consideration of the additional premium paid by the city, Section IV-
Conditions, para. 8, is deleted and is replaced by the following:
8. STATUTORY LIABILITY LIMITATIONS AND IMMUNITIES
a. It is the express intent of the city and of LMCIT that for
any claim to which this covenant applies, the monetary
limits of liability provided by Minnesota Statute 466.04
are waived to the extent of the limits of coverage
shown in the declarations and further described in
Section III - Limits of Coverage. This waiver shall not
apply to any claim not covered under this covenant, and
shall not affect any limitations which may apply by
virtue of any other statute or common law.
• b. It is the express intent of the city and of LMCIT that the
procurement of this covenant shall not waive any other
immunities, limitations, or defenses imposed by or
available under any statute or common law which is
applicable to any "covered party".
All other terms and conditions remain unchanged.
UME-47(11197)
Agreement Number: AGREEMENT DECLARATIONS
OML-2118 Open Meeting Law
Defense Cost Reimbursement Agreement
Previous Agreement Is Provided By:
�
Number: THE LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
•OML- 1744 (Herein called LMCIT) League of Minnesota Cities
Cities promoting excellence
Item 1. COVERED PARTY and MAILING ADDRESS:
CITY OF OAK PARK HEIGHTS "C �. ^ D E:r
14168 OAK PARK BOULEVARD 1 �x�
STILLWATER,MN 55082
Item 2. AGREEMENT TERM: 12:01 AM Standard Time at
Mailing Address Indicated Above.
From:7-07-01 To:7-07-02
Item s. RETROACTIVE DATE: 11-09-94
Item 4. THE COVERED PARTY IS:
X City Joint Powers Entity Other (Describe)
•Item 5. REIMBURSEMENT LIMITS:
A. "Reimbursable Costs": MAXIMUM
1. Defense Costs Per Lawsuit Per Official: $ 50,000.
2. Agreement Term Aggregate Per Official: $ 50,000.
Item 6. CHARGE: $540.
Item. FORMS AND ENDORSEMENTS APPLICABLE TO AGREEMENT:
OMLRA-1(11-99) OML-001(11-97) ME063(11-95)
Executive Director, LMCIT
•
LMCIT DEC-019(11-93)(Rev.11/99) Administered by:Berkley Risk Administrators Company,LLC
OPEN MEETING LAW DEFENSE COST
III REIMBURSEMENT AGREEMENT
I. OPEN MEETING LAW DEFENSE seeking penalties based upon an alleged violation
COST COVERAGE of the Minnesota Open Meeting Law; however,
LMCIT shall have the right to intervene at its
LMCIT will reimburse a city official for 80 percent expense in the investigation or defense of such
of the defense costs incurred by the city official in legal action.
defending an Open Meeting Law lawsuit, if the
following conditions are met: 3. The city or the city official shall give
prompt notice to LMCIT of any actual or
1. The date on which the Open Meeting Law threatened legal action against the city
lawsuit is commenced must be within the official seeking penalties against the city
term of this agreement; and official for an alleged violation of the
Minnesota Open Meeting Law.
2. The date on which the violation took place
or is alleged to have taken place must be 4. The city and the city official shall at all
on or after the retroactive date, if any, times cooperate with and promptly
shown in the Declarations. respond to LMCIT's requests for
information,investigative data,records,or
An Open Meeting Law lawsuit is deemed to be any other material documentation.
commenced on the date the city official is served
notice of the lawsuit. 5. The city official will be reimbursed only
• for defense costs incurred with respect to
legal services actually rendered and
II. LIMITS expenses actually incurred.
The Open Meeting Law Defense Cost 6. The city official shall have complete
Reimbursement Agreement Limit is$50,000. This freedom to choose an attorney licensed in
is the most LMCIT will reimburse any one city the State of Minnesota to provide the city
official for defense costs for Open Meeting Law official with legal services with respect to
lawsuits commenced during the term of this which defense costs are reimbursable
agreement, regardless of the number of lawsuits, under this Agreement.
the number of actual or alleged violations, or the
date the defense costs are actually incurred. 7. It is the express intent of the parties to this
Agreement that neither the city nor the city
official waive any immunities, defenses,
M. CONDITIONS AND EXCLUSIONS or limitations on liability available under
Minnesota statutes or common law.
1. The term of this Agreement shall be one
year beginning with the effective date 8. In the event that a city official makes a
stated in the Declarations. Subsequent recovery of defense costs from any third
renewals of this Agreement shall be party,LMCIT shall be reimbursedf for any
treated as separate terms. payment it has made under this Agreement
after the city official has been fully
2. LMCIT shall have no duty to provide a reimbursed for his/her 20% share of the
defense to a city official with respect to a defense costs.
• legal action against that city official
1 of 2
LMCIT OMLRA-1 (11-93)(Rev. 11-99)
9. LMCIT may cancel this Agreement by 3. "Defense costs" means reasonable and •
mailing or delivering written notice to the necessary attorney fees, court costs, court
city at least: reporter and transcript fees, general
witness and expert witness fees
a. Ten (10) days before the effective and expense, and similar defense related
date of cancellation for nonpayment costs. Defense costs does not include any
of the charge for this Agreement; fines or penalties, or any attorney's fees
or awarded to a plaintiff in a suit charging a
violation of the Open Meeting Law.
b. Thirty (30) days before the
effective date of cancellation for 4. "Joint powers entity" means an operating
any other reason. entity created by two or more
governmental units entering into an
If LMCIT decides not to renew this agreement as provided by statute for the
Agreement,LMCIT mail or deliver to joint exercise of governmental powers.
the city written notice of nonrenewal not An intergovernmental agreement will be
less than thirty 30 days before the deemed to create a joint powers entity if
expiration date. the agreement establishes a board with the
effective power to do any of the
10. It is mutually understood and agreed that following, regardless of whether the
the city and all other LMCIT pool specific consent of the constituent
participants are jointly and severally liable governmental units may also be required:
for all claims and expenses of the pool.
The amount of any liabilities in excess of a. To receive and expend funds;
assets may be assessed to LMCIT pool
participants when a deficiency is b. To enter into contracts; •
identified.
c. To hire employees;
IV. DEFINITIONS d. To purchase or otherwise acquire
and hold real or personal property;
1. "City" means the city or other or
governmental body or entity first named in
the Declarations. Unless specifically e. To sue or be sued.
named in the Declarations, city shall not
include a gas, electrical, or steam utilities 5. "LMCIT' means the League of Minnesota
commission; port authority, housing and Cities Insurance Trust.
redevelopment authority, economic
development authority, area or municipal 6. "Open Meeting Law lawsuit" means a
redevelopment authority, or similar lawsuit seeking penalties against a city
agency; municipal power agency; official based on an allegation that the city
municipal gas agency; hospital or nursing official has violated M.S. §471.705,
home board or commission; airport commonly known as the Minnesota Open
commission; welfare or public relief Meeting Law.
agency; school board; or joint powers
entity.
2. "City official" means any former or
present elected or appointed official of the
city or any present or former employee of •
the city.
LMCIT OMLRA-1(11-93)(Rev.11-99) 2 of 2
OPEN MEETING LAW DEFENSE COST
• REIMBURSEMENT AGREEMENT
REIMBURSEMENT PARTICIPATION ENDORSEMENT
It is understood and agreed that Section I. Open Meeting Law
Defense Cost Coverage is amended to modify the percentage of
reimbursement of "defense costs" from 80% to 100%.
This modification does not change the maximum amount of
reimbursement as specified in Section II. Limits and as shown in the
Agreement Declarations.
All other terms and conditions remain unchanged.
OML-001(1 1/97)
• Definition of "City" Endorsement
It is understood and agreed that "city" is amended to include:
Economic Development Authority
All other terms and conditions remain unchanged.
•
• LMCIT ME063(11/95)
ENDORSEMENT# 2 AS 1-25-02
• COVERED PARTY COVENANT NUMBER EFFECTIVE DATE
CITY OF OAK PARK HEIGHTS I CMC 21925 7-7-01
IT IS HEREBY UNDERSTOOD AND AGREED THAT COMMON COVERAGE DECLARATIONS, FORM
DEC-011(11/86)(REV. 11/99), ITEM 1. CITY and MAILING ADDRESS, MAILING ADDRESS IS
AMENDED TO READ:
14168 OAK PARK BLVD
P.O. BOX 2007
STILLWATER, MN 55082
•
TOTAL ENDORSEMENT PREMIUM $NO CHANGE ADDITIONAL PREMIUM
(See Below for Billing Info)
RETURN PREMIUM
I (DO NOT PAY)
PREMIUM ADJUSTMENT TO BE MADE NOW (See Invoice Attached)
OR
PREMIUM ADJUSTMENT TO BE MADE AT EXPIRATION
All other terms and conditions remain unchanged
•
Executive Director, LMCIT
LMCIT Page 1 OF 1
ME044(1/95)(Rev. 11/00)
ENDORSEMENT# 1 AS 1-25-02
COVERED PARTY COVENANT NUMBER EFFECTIVE DATE
CITY OF OAK PARK HEIGHTS I MEL 4055 7-7-01
IT IS HEREBY UNDERSTOOD AND AGREED THAT MUNICIPAL EXCESS LIABILITY DECLARATIONS,
FORM DEC-017 (11/96) (REV.11/00), ITEM 1. CITY and MAILING ADDRESS, MAILING ADDRESS IS
AMENDED TO READ:
14168 OAK PARK BOULEVARD
P.O. BOX 2007
STILLWATER, MN 55082
S
TOTAL ENDORSEMENT PREMIUM $NO CHANGE ADDITIONAL PREMIUM
(See Below for Billing Info)
RETURN PREMIUM
(DO NOT PAY)
PREMIUM ADJUSTMENT TO BE MADE NOW (See Invoice Attached)
OR
PREMIUM ADJUSTMENT TO BE MADE AT EXPIRATION
All other terms and conditions remain unchanged
• Executive Director, LMCIT
LMCIT Page 1 OF 1
ME044(1/95)(Rev. 11/00)
ENDORSEMENT# 1 AS 1-25-02
• COVERED PARTY COVENANT NUMBER EFFECTIVE DATE
CITY OF OAK PARK HEIGHTS ' OML 2118 7-7-01
IT IS HEREBY UNDERSTOOD AND AGREED THAT AGREEMENT DECLARATIONS OPEN MEETING
LAW DEFENSE COST REIMBURSEMENT AGREEMENT, FORM DEC-019(11/93)(REV. 11/99), ITEM 1.
COVERED PARTY and MAILING ADDRESS, MAILING ADDRESS IS AMENDED TO READ:
14168 OAK PARK BOULEVARD
P.O. BOX 2007
STILLWATER7, MN
•
TOTAL ENDORSEMENT PREMIUM $ NO CHANGE ADDITIONAL PREMIUM
(See Below for Billing Info)
RETURN PREMIUM
(DO NOT PAY)
PREMIUM ADJUSTMENT TO BE MADE NOW (See Invoice Attached)
OR
PREMIUM ADJUSTMENT TO BE MADE AT EXPIRATION
All other terms and conditions remain unchanged
•
Executive Director, LMCIT
LMCIT Page 1 OF 1
ME044(1/95)(Rev. 11/00)