HomeMy WebLinkAboutRESOLUTION 1991-06Suggested by= Administration
City of Kenai
NO. 91-6
A RESOLUTION OF T~E COUNCIL OF THE CITY OF KENAI,.'ALASKATRANSI~.RRING·
$10,000 IN THE GENERAL FUND FOR PAYMeNT OF THE INSURANCE DEDUCTIBLE
-RELATING TO A LAWSUIT.
WHEREAS, in 1986, the City of Kenat was a party in a laWSuit Which was
defended by our police professional liability insurance policy, and
WHEP3J~, the Insurance company has incurred tn excess of $10,000 in
defense costs, ~hich is the amount of the dedt, ctible of the policy,
and
WHEREAS, the City is obligated to pay the deductible.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKa, that the following budget transfers be made:
General Fund
From: Other - Contingency
To: Non-Departmental - Claims and Judgments
$10,000
$10,000
'PASsED BYTHE COUNCIL OF THE CITY OFKENAI, ALASKA, this 20th day of
February, 1991.
Carol L. Freas, City Clerk
Approved by Ftnance:~
(2/14/91)
kl
SCOTTSDALE INSURANCE COMPANY'
OLty of Kena£ P.D.
210 FldaIgo Dr.-
Xena£, AK 99611
(XJtXll NOs
POLX~ NOs
Dea~ Xnaureds
2652S
CXty of Eena£ P.D.
.PPL510032
Kenneth Cole
ThLe cult Involved a lawsuit entitled XennethCole:v. Nathan A .... Callahan et al.
The £Lrm of ~omss K. BendslL vas rota£ned to defend tho case. Tho cLaf~u was
d£sm~ooed. The total expense Xn de£end£ng thXs case wa8 $11,533.X7. The loo8
pa£d wac $-0-,
There L8 a deduet£ble under your policy of $10,000.00, whLch Lncludes both loss
and loss ad3ustment expenses, Lncluding legal fees. Therefore, -e would
appreciate rehnbursement ~n the amount of $10,000.00 ~n accordance w~th the.
terms of your pol£cy. Please £orward your check Ln the amount of $10,000.00,
made .payable to Scottedale 'Xnourance Compan~,~ upon receipt of th~s letter."'
Please wrLte our ola~n number on your check and fozward to P.O. Box C-4120,
Scottedale, ArLzona.~S5261-4120.
If you have .any questions pertaining t~ th£s letter, please call me at
1-800-423-7675, ex2ensLon 2512.
Your cooperat4on Lo appreciated.
-Yours-truly,
Recovery Department
cos Agent #4S0002
LC/kl :J
p2/1366
Post Office Box 4120 8370 E. Via De Venkira
Scottsclale. AZ 85261-4120Scotlsdale. ,AZ 85258
(6O2) 948-0~0~
FAX 602~83~752
1-800-423-7675
Nahor~w~lo' Group
COMPREHENSIVE LAW E,NFOR.CEMENT_ ~ .~l],~lLrry POLICY
Renewal'
of
Number.. 6991 East Camelback Road PPL $10o3; '.
$cottsdale. Arizona 85251
DECLARATIONS A STOCK COMPANY
ITEM 1. NAMED INSURED AND., MA, ILING
e KENA]:~, CZTY OF P. D.
210 Fj:I)AL60 DRIVE
KENA]:~ AK 99611
A~;'NT NAME AND ADD'-RESS' ' .......
°He, RKEL SERVICE. INC. 5310 HARKEL ROAD
RI CHr.tOND~. VA. Z3230
I¥~.M 2, POLICY PERIOD From:
Agent No. , & 501302 .....
OB/O.q/,~S To: 05/09/86
12:01 A.M. Standard Time at the address of the Named Insured aa staled hereht.
ITEM 3: Limits of Liability $ '1_. O00. O00 each person
1 · 0 DO. 00O each occurrence
$ 2.000~000 annualaggregate
4: Premium Computation
ESTIMATED NUMSER OF PAID EMPLOYEES
(FULL & PART TIME)
RATE PER
MEMSER PREMIUM
Class A ........ ,1 s ......... $62~ .oo $9,330
Class B ....... O, ,, $311.00 $0
Class C ...... 10 ...... $155.,00. $1.5,50
Class D .... 6 , $9S.00 $558
TOTAL
ADVANCE
PREMIUM
ITEM $: Location ,-f ,.~mises - SAflE AS ZXSURED,., Ah DRESS ,~D.0VF- ,
~-'-"--~b-' -~ ~ ' TAX:
IT le "
[. ~ $ 113. aDO,. _ perclain), including Iossadjustment expenses._F'
'~ . - - . TOTAL
IT'd.Z: Endorsements,.a.!tached to Pz~~at Ince t,on.
, - p
$363,6~, '
$11,791.ai
ITEM 8: During the past three years no insurer has cancelled insurance issued to the NAMED INSURED, similar to
that afforded hereunder unless otherwise stated herein:
ITEM 9: Notice of all OCCURRENCES must be given to the Company whether, or not such OCCURRENCES appear
likely to involve this policy.
AUDIT PERIOD: ANNUAL UNLESS OTHERWISE STATED HEREIN
o8'2!.-85 k;
'C. OUNT[,R~IGNATURE DATE
TERMS OF POLICY-STATUTE. Terms of this policy which ere in
3c~)nllict with the statutes of the state wherein this policy is issued are
hereby amended to conform to such statutes.
4. INSURED'S DUTIES IN THE EVENT OF OCCURRENCE, CLAIM OR
SUIT.
(a) In the event of an OCCURRENCE, written notice containing
particulars sufficient to identify the INSURED and also
reasonably obtainable Information with respect to the time,
place ancl circumstances thereof, and the names and addresses
of the injured and of available witnesses, shall be given by or for
the INSURED to the Company or any of its authorized agents
as soon as practicable.
(b) If Claim is made or suit is brought against the INSURED, the
such Io.~s bears to the total applicable limit of liability of all ~ali'd.
end collectible insurance against such loss.
The premises liability insurance afforded by this policy shall be in
excess of any other valid and collect!bls pre. raises liability insurance
available to the INSURED whether Such premises liability is stated to be
primary, contributory, excess, contingent or otherwise, unless such
other insurance is written only aa a specific excess insurance over the
limits of liability provided in this policy.
7. SUBROGATION, In the event of any payment ?.der this policy, the
Company shall be subregated to ell th.e INSURED S rights of re~overy
therefor against any parson or orga.nlzstlori arid the INSURED shall
execute and deliver instruments aria papers and do whatever else Is
necessary to secure such rights. The INSURED shall do nothing after
loss to prejudice such rights. '
INSURED shall immediately forward to the Company every
demand, notice, summons or other process received by him or S. CHANGES. Nottoe to any agent or knowledge possessed by any
agent or by any other person 8_h~tl not effect s waiver or a charigs in any
his representative, part o! this polcy or eslop the company from asserting any right under
The INSURED shall cooperate with the Company and upon the the terms of this policy; nor shall the terms of this policy be waived or
Company's request shall submit to examination and interrog- changed, except by endorse
allen b a representative of the Company. under o~th if
-,,,-,,0~-, ,-rand hsarincls, depositions and trials an. cl. shall signed by a duly authorized
"'" .....' ...... securin and giving evioence,
assist in affecting settlement, g t f
obtaining the attendance of witnesses and in the conduco
ment issued to form a part of this poli~y,
representative of the Company.
9. ASSIGNMENT, Assignment of interest under this policy shall not
bind the Company until its consent is endorsed here. on; if. however, the
suits, es well aa In the giving of a written statement or NAMED INSURED, shall die, such insuran.;~ es is afforded by this
~l~hGI iNSURE~I but only while acting within the $_c0p_e_o_f
statements to the Company represehtativesand defense. In the licyshall · ply(l) t.o the NAMED INSURED Siegel repressntstlve, as
event of a claim occurring likely to involve the Company ~J~:~and(2)withreapectt~the~r~.~?~-r~/~f?~e~N~U~R=Er?.ht~t~1~enI)ye~t~
hereunder, the INSURED shall not make any payment, assume having proper temporary custoay Tnere;,, u= ,,,,~,,-,,~,.,
any ltabili or incur any expense without the consent of the the appointment and qualification of the legal representative.
Corn an~rst being obtained. The Company shall conduct in '
the ~me of the INSURED the defense of any claim, and 10. DEDUCTIBLE. Tiled.scl .u~.tlblsa.m.ou.n.t:stata~d. !~_t.h_e~ frDro~leti~o~aSJ ~'J~
rosecut, in his name for its own benefit any claim for tfany, i~sapplicablet~o?_a_c_~???..s.n,a.,8~.alle~e, eSnU~a~;~Ud~g (1)I0;~;
I )~demnityordamagsoorotherwiseagatnatanythirdpsrty'and amount oT money oamag=~ ..u ~.,.-..,? - ~ ............ ,
8hall have full discretion in the handling of any claim, end the payments and (2) Investigation, aOlUStment, defense erie;or .pl~,m
INSURED shall give full information and assistance as the expenses, whether or not lose payment is made, resulting from eaoh \
Company may reasonably require, claim and the Company shall be liable only for the difference between
such deductible amount and the amount of Insurance otherwise
TION AGAINST COMPANY. No action shall lie against the
S_. AC ......... ,~= ,~ condition Precedent thereto, there shall...ha.~v? applicable to each olaim.
~7,ompany umm~,, ......
n full corn llanos with all of the terms of this policy, nor un, i Tne 11. CANCELLATION. This policy may be cancelled by'the NAMED
bee .... ~_P ..... ,~,,~,~'= obli,~atton to pay shall have been fi.n~lly iNSUREDbyeurrsnderthereoftotheCompanyorany°fitaauth°rized
amount or trio g~rtGb, g t~ '- - -
terminedeitherbyjudgmentagainstthelNSUREDaftaractualtrial°r agents or by mailing to the Company written notice stating when
de ....... ,~,c,, ,..on the claimant and the Company. thereafter the cancellation shall be effective. This policy may be
by written agreement o; Trio
n arson or organization or the legal representative thereof who has cancelled by the Company by mailing to the NAMED INSURED at the
address shown in this pollOy, written notice stating when not less than
sixt 60 days thereafter such cancellation shall be effective. The
A y p ..... ,. ,...,--.ntorwrittenagreementahallthereafter.b. ee.ntit, l.ed ---,~-(~ ~ antl,~e as aforesaid shall be sufficient proof..of..notlc~e:~l'~h.?
curse tiUG~t
.se -- -~ ....-- -..Ii-,, to the extent of the insurance a,o .~ea.o.Y
to recover urn;u, t,,o vv ,,z ·
i olic No person or organization shall have any right unoer mis ~'~'~;~l~ror theeffe~tlve date and hour or cancellation 8tales m
th s p Y. an action against the
olicy to join the Company es a ~erty to y
~)I~SURED to determinethe INSURED S liability, nor shall the Company the notice shall become the end of the policy period. Delivery of such
written notice either by the NAM ED INSURED or by the Company shell
im leaded by the INSURED or his legal representative. Bankruptcy be equivalent to mailing.
bore in~Slvency of the INSURED or of the INSURED'S estate shall not computed in accordance with paragraph 1 of the Conditions. Premium
relieve the Company of any of its obligations hereunder. If the NAMED INSURED or Company cancels, earned premium shall be
THER INSURANCE. The insurance afforded by this policy is adjustmentmaybemadeeitheratthetimecancellati°niseffectod°rae
~',t~,,,v insurance, except when stated to apply i~..ex.?_e..~___of_.?r soon as practicable after cancellation becomes effective, but payment
~' .... *'.-" ..... ~- -.,-----..,~,,;,~th,~r insurance when tnrslnouranG~..0 or tender of unearned premium is not a condition of cancellation.
n Irt el'itU o11l.uauog,,v~v-v -- '
C0! t g ~P~ ..... =~mt:rt h.~= ,~thnr insurance which is stated to De. 12. DECLARATIONS. By acceptance of thispolicy, the NAMED
.mar aria-tnb IH.-..,,,--,.. ........ nt o;
P Iicr-Yble to the loss on an exes.ss or..conti.ng~nt ~s_le,__th~?._a_m?,.u.r. *he INSURED agrees -that the statements .in th..e O. ec. ieratio..nS a?__h_is
~hPePCompa~ny'a liability .under this pOliCy snail not oe regu~;uu uy · agreements and representations, that this pOliCy Is issueo iff re,anGu
existence of such other insurance, upon the truth of such representations, and that this policy embodies all
h n both this insurance and other insurance apply to the lose on the agreements existing between himself and the Company or any of its
W_ ~_e_r ........ ,-.-,,.~- ,-"mar,, excess or contingent, the Comp.,my s..hall agents relating to this Insurance.
for a gre,ter proportion of t,e ,ess tn.n SeVERE,ON ,MMU,ITY. It ls .greed that the Comp,nywlll not
that stated in the applicable contribution provision below: avail itself of the defense of sovereign immunity to which the INSURED
enact, unless the INSURED rec]uesta the Company to raise such
(a) CONTRIBUTION BY EQUAL 8HARES. If all of such other valid ma be entitled by reason of its being a pub[lo and/or governmental
and collectible insurance provides for contribution by equal .,..,-Y-,,.- ,,,, -,,~-,m notice to the Company not leas.than ten (.1_0.)
shares, the Company shall not be liable for a greater proportion -~,.- ..... -
of such loss than would be payable if each insurer contributesbefore the time to file an answer to any suit. It is further agreed mat me
an equal share until the share of each insurer equals the lowest INSURED hereby releases the Company from ell liability because of the
a licable limit of liability under any one policy or the full fallure on the part of the Company to rsise euch defense' except in cases
. unt o, tho lose is p,id, wit: where the ,NSURED ,paci,ca,ly requests the Company to so in.
loss not so paid the remaining insurers [flufl uv-~, ~, manner provided herein.
contribute equal share of the remaining amount of the lose 14. 8EI'rLEMENT. The Company shall not settle any suit without the
until each such insurer has paid its limit in full or the fullINSURED'S consent. If, however, the INSURED refuses to consent to
amount of the loss is paid. any settlement received by the Company and shall elect to contest the
(b) CONTRIBUTION BY LIMITS. If any of such other insurance claim or conti,n, ue an legal proceclings in connection with such claim,
does not provide for contribution by equal shares, the the Comport s IiabtlYty for the claim shall not exceed the amount for
which the ~if~im could' have been so ssttled plus claims expense
Company shall not be liable for a greater proportion of such
loss than the applicable limit of liability under this policy for incurred up to the date of such refusal.
In Witness Whereof, the Company has caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by a
. .
President
Secretary
PPL-J*I (7-82) (3)