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BICEP 2-1988
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BICEP 2-1988
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Last modified
1/3/2012 3:17:55 PM
Creation date
1/12/2004 3:43:46 PM
Metadata
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Contracts
Company Name
Big Independent Cities Excess Pool Joint Powers Authority
Contract #
A-1988-090B
Agency
Personnel Services
Council Approval Date
9/19/1988
Insurance Exp Date
7/1/2016
Notes
Liability Risk Coverage Agreement; Amended by A-1988-090C and A-1988-090B-3
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CLAIM -- means a demand against an Insured (as defined in Section IV hereof) to <br />recover for losses or damages within or alleged to be within the scope of this <br />AGREEMENT. <br /> <br />COVERED INDIVIDUALS -- means persons who ;re past or,resent elected or ap- <br />pointed officials, employees or volunteers of the CITY whether or not compen- <br />sated, while acting for or on behalf of the CITY, including while acting on outside <br />committees, commissions, agencies, districts, authorities, councils, commissions <br />or boards at the direction of the CITY. <br /> <br />COVERED ULTIMATE NET LOSS -- means an amount by which ULTIMATE NET <br />LOSS not covered by other available Insurance or self-insurance exceeds the Re- <br />tained Limit stated in Item (S), of the Declaration, such amount not in any event <br />however to exceed the Limit of Liability stated in item (4) of the Declarations. <br /> <br />DEFENSECOSTS -- means fees and expenses incurred by the Authority or an In- <br />sured caused by and relating to the adjustment, investigation, defense or appeal of <br />a claim including attorney's fees, court costs and interest on judgements accruing <br />after entry of judgement all within the scope of coverage afforded by this agree- <br />ment. DEFENSE COSTS shall not include the office expense of the Authority or <br />any Insured nor expenses of a claims administrator engaged by any CITY or the <br />Authority, except CITY DEFENSE COSTS which will be reimbursed on an agreed <br />flat fee per day of service to CLAIM. <br /> <br />INVERSE CONDEMNATION -- means a claim by any one other that an Insured that <br />an Insured has taken or diminished the value of land through land use restrictions <br />on such land or use of adjacent land or air space by an Insured, or otherwise. <br /> <br />K. MEMORANDUM PERIOD -- means the period stated in Item (3) of the Declara- <br /> tions. <br /> <br />NUCLEAR MATERIALS -- means source material, special nuclear material, or <br />byproduct material. Source Ma~[erial, Special NUCLEAR MATERIAL and Byproduct <br />Material have the meanings given to them by the Atomic Energy Act of 1954 or in <br />any law amendatory thereto. ; ; <br /> <br />M. OCCURRENCE -- means: <br /> <br /> 1. With respect to BODILY INJURY or PROPERTY DAMAGE: an accident or <br /> event, including injurious or repeated exposure to substantially the same con- <br /> ditions, which results, during the memorandum period, in BODILY INJURY or <br /> PROPERTY DAMAGE neither expected nor intended from the standpoint of <br /> the Insured. <br /> <br /> 2. With respect to PERSONAL INJURY and PUBLIC OFFICIALS ERRORS AND <br /> OMMISSIONS respectively: an offense described in the definitions of those <br /> terms in this section. <br /> <br />N. PERSONAL INJURY -- means injury caused by or arising out of one or more of the <br /> following offenses: <br /> 1. False arrest, detention or imprisonment, or malicious prosactuion; <br /> 2. Wrongful entry or eviction or other invasion of the right of privale occupancy; <br /> <br />BICEP 3/9/88 F-2 <br /> <br /> <br />
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