0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation...

23
0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS THE INSURER IS: PURITAN INSURANCE COMPANY STAMFORD, CONNECTICUT (Hereinafter called the Company) A Stock Company Enquiries mty be directed to: Administrative Office: 61 OPoydras Street New Orleans, Louisiana 70130 This policy includes the Declaration, Insuring Agreements, Exclusions and Conditions which are attached hereto and made a part hereof as fully as though they were set forth over the signatures affixed hereon. 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 duly authorized agent of the company and approved by the Aviation Managers. Secretary (/ Pr ird«nt PLEASE READ YOUR POLICY FORM 100 REV 5/17/B3J

Transcript of 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation...

Page 1: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

0000110

Aviation Insurance Policy

Southern Marine & Aviation Underwriters, Inc.AVIATION MANAGERS

THE INSURER IS:PURITAN INSURANCE COMPANY

STAMFORD, CONNECTICUT(Hereinafter called the Company) A Stock Company

Enquiries mty be directed to:Administrative Office:

61 OPoydras StreetNew Orleans, Louisiana 70130

This policy includes the Declaration, Insuring Agreements, Exclusionsand Conditions which are attached hereto and made a part hereof as fully asthough they were set forth over the signatures affixed hereon.

IN WITNESS WHEREOF, the company has caused this policy to beexecuted and attested, but this policy shall not be valid unless countersignedby a duly authorized agent of the company and approved by the AviationManagers.

Secretary (/ Pr*ird«nt

PLEASE READ YOUR P O L I C YFORM 100 [REV 5/17/B3J

Page 2: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

NOTE: At t a c h endorsementsDeclaration Page

Policy Number P I - 1797This piigo with MM: i V Cover Form 100 and thePohcy Provis ions — kmi 2, Form 202. completes this numbered

AIRPORT L IAB IL ITY POLICYISSUED BY

THE MANHATTAN FIRE AND MARINE INSURANCE COMPANY

ITEM i. Ban Claire f.nnnty.Name of InsuredITEM 2. 721 Oxford Avenue

NEWP. O. Address

Previous Policy No._____ITEM 3. Fmm Mar. 1 ,1 984 TnMar. 1P 1987Policy Period: 12 :01 A.M., Standard time at the address in Item 2.

Plaire * County, Wisconsin Business of Named intumd County Government_______The insurance afforded is only with respect to such and so many or the following divisions and coverages thereunder as are indicated by specific premiumcharge or charges. The limit of the company's liability against each such division and coverage shall be as stated herein, subject to all the terms of thispolicy having reference thereo:ITEM 5. DIVISIONS OF HAZARDS INSURED HEREUNDER by Coverages A, B or C provided if so indicated by "X" below,

(XJ Division 1 - AIRPORT Operations5fl Division 2 - PRODUCTS-COMPLETED OPERATIONS (applicable only with respect to the classifications specifically set forth in I tern 8 below)H Division 3 - CONSTRUCTION and DEMOLITION (only as endorsed hereon)53 Division 4 — CONTRACTUAL (only as endorsed hereon)

ITEM 6. COVERAGES

A— Bodily Injury Liability

B— Property Damage Liability

C— Single Limit Bodily Injuryand Property Damage Liability

D— Hangarkeepar's Liability *Deductible*See Endorsement # 10

Limits of Liability*NOT APPLICABLE each Person

$NOT APPLICABLE eacn occurrence*NOT APPLICABLE aggregate (applicable only toHazard Divisions 2 & 3)* NOT APPLICABLE each accident$ n/vn SDTJT rnatJT v aggregate (applicable only toNOT APPLICABLE Hazard Divisions 2 & 3)$ 10 ,000 ,000$ 1 0 , 0 0 0 , 0 0 0$ 500,000$ 2 , 0 0 0 , 0 0 0$ 1 , 0 0 0

ITEM 7. LOCATION OF PREMISES Interest of Insure(Identify two or more locations by letter, i.e., a, b, c, etc.) in Such PremiseEau Claire County Airport3800 Starr Avenue OWNEREau Claire, Wisconsin

54703

Code No.

ITEM 8. PRODUCTS-COMPLETED OPERATIONS(Applicable only with respect to the following classification)

All Services performed bythe Insured.

each occurrenceor accident andaggregate (applicable only toHazard Divisions 2 & 3)each aircrafteach occurrenceeach and every cla m

d Part Occupied byl Insured

ENTIRE

Premium Base

Sales and Receipts

If Any

AdditionalEndorsements

1-10

Total JWvjfaooniwiflufAijpviijr Premium

RatesCoverage

APer$

INCLU

CoverageBor C

1,000

)ED

Premiums

$ NOT APPLICABLE

$ NOT APPLICABLE

$ 2 7 , 0 0 0

$ INCLUDED

Premium

$ INCLUDED

$ 27 f OOOAdvance Premiums

CoverageA

INCJ

CoverageB or C

,UDED

ITEM 9. During ihe past year no insurer has canceled or declined to renew any insurance, issued to the named insured, simi lar to that afforded hereunder,exception if any —

NO EXCEPTION

.-rnHMMw The AsH@t Protftnf-.l on firnup1 20 Bi shops WayBrookfield, Wisconsin 53005

Countersigned(Author ized Represeniaf uel ~

AX SOUTHEF

Approved

N MARINESOUTHERN

f\ f

hy /LJ)(MA

bsence of any entry means no exception.& AVIATION UNDERWRITERS. INCMARINE & AVIATION, INC.Wiation Managers

Page 3: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

oPuritan Insurance Company *570 Lexlngton AvenueNew York , New York 10022

CHANGE OF NAME ENDORSEMENTWherever In the said policy or bond the name The Manhattan Fire andMarine Insurance Company 1s used, the name Puritan Insurance Company ishereby substituted.In Witness Whereof, the Puritan Insurance Company has, by Its

President, executed this Change of Name Supplement as of the 1s t . day ofOctober, 1976 .

Attest:^W4S*«i^?h^W^fC? By: /?£%*££ €.Secretary President* Formerly The Manhattan Fire and Marine Insurance CompanyOR-8£0 ( 10/76 )

Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditionsor agreements of the policy other than as above stated.

This endorsement becomes effective March 1, 1 ̂ 84_____ to be attached to and hereby made a part of PolicyNo. P-l-1797 issued hy Puritan Insurance f!nmpany———————————————————————to____Eau Claire County________________________________________This endorsement shall not be valid unless approved by the Aviation Managers.

Endorsement No. ____________1____________ S Southern Marine & Aviation Underwriters, Inc.Date of !«._.« February 27 , 1 QP.4________ Q Southern Marine & Aviation, Inc.

RAM/J9 ^Form 102"S 1/71

Page 4: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

uPERSONAL INJURY LIABILITY ENDORSEMENT

COVERAGE LIMITS OF LIABILITYP. Personal Injury Liability $^Q QQQ Q O O . "Each Person Aggregate"

$ 10 ,000 ,000 . "General Aggregate"______________________________________________ % Insured's Contribution______The insurance afforded is only with respect to Personal Injury arising out of an offense within such of thefollowing groups of offense as are indicated by a specific premium charge.GROUPS OF OFFENSE PREMIUMA. False Arrest, Detention or Imprisonment, or $ INCLUDED

Malicious Prosecution.B. Libel, Slander, Defamation or Violation of $ INCLUDED

Right of Privacy.C. Wrongful Entry or Eviction or Other Invasion $ INCLUDED

of Right of Private Occupancy.I. COVERAGE P - PERSONAL, INJURY LIABILITYThe company will pay on behalf of the Insured all sums which the Insured shall become legally obligated topay as damages because of injury (herein called "personal injury") sustained by any person or organizationarising out of one pr more of the following offenses:Group A - false arrest, detention or imprisonment, or, malicipus. prosecution;Group B - the publication or utterance of a libel or slander or pf other defamatory or disparaging .material,

or a publication or utterance in violation of an individual's rights of privacy;except publications or, utterances,in. the course of or related to advertising, broadcasting or tele-casting activities conducted by or,on behalf oif the^amed Insured;

Group C - wrongful entry or eviction, or other invasion of the right of private occupancy; -If such offense is committed during the policy period within-the United States of America its territories orpossessions, or Canada, and the company shall have the right and duty to defend any suit against the Insuredseeking damages on account of such personal injury even if any of the allegations of the suit are groundless,false or fraudulent, and may make such'[investigation, and settlement of any claim or suit as,,it deemsexpedient, but the company shall not be obligated to ipay .any .claim of judgment or to defend any suit afterthe applicable limit of the company's liability has been exhausted by payment of judgments or settlements.

' ' , • • . ( - • ' ! ' ' - UJ i ' - . 1 ' ' ( • • • ! , ' ' < ' 'Exclusions: The following exclusions apply in addition to those appearing under Policy Provision Part 2Form 202 , i ;,

(a) to liability assumed by the Insured under any contract or agreement;(b) to personal injury arising out of the willful violation of a penal statute or ordinance committed by or

with the knowledge or consent of any Insured;(c) to personal injury sustained by any person as a result of an offense directly or indirectly related to the

employment or such person by the Named Insured;(d) to personal injury arising out of any publication or utterance described in Group B, if the first injurious

publication or utterance of the same or similar material by or on behalf of the Named Insured wasmade prior to the effective date of this insurance;

(e) to personal injury arising out of a publication or utterance described in Group B concerning any orga-nization or business enterprise, or its products or services, made by or at the direction of any insured'with knowledge of the falsity thereof.

Fo,m 71 t 3/79 (Pa,e1 of 7) ENDORSEMENT 2

Page 5: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

II. . PERSONS INSURED ' 'Each of the following is an Insured under this insurance to the extent set forth below:(a) if the Named Insured is designated in the declarations as an individual, the person so designated;(b) if the Named Insured is designated in the declarations as a partnership or joint venture, the partnership or

joint venture so designated and any partner or member thereof but only with respect to his liability as such;(c) if the Named Insured is designated in the declarations as other than an individual, partnership or joint

venture, the organization so designated and any executive officer, director or stockholder thereof whileacting within the scope of his duties as such.

This insurance does not apply to personal injury arising out of the conduct of any partnership or joint ventureof which the Insured is a partner or member and which is not designated in this policy as a Named Insured.III. LIMITS OF LIABILITY: INSURED'S PARTICIPATIONRegardless of the number of (1) insureds under this policy, (2) persons or organizations who sustain personalinjury, or (3) claims made or suits brought on account of personal injury, the total liability of the companyfor all damages because of all personal injury to which this coverage applies, sustained by any one person ororganization, shall not exceed the limit of personal injury liability stated in the schedule as "each personaggregate".Subject to the above provision respecting "each person aggregate", the total limit of the company's liabilityunder this coverage for all damages shall not exceed the limit of personal injury liability stated in the scheduleas "general aggregate". , . . , .The limits of liability stated herein are included within the limits of liability stated under item 6 A, B and C

, of the Declarations of Form 201 and not in addition thereto.If a participation percentage is stated in the schedule for the Insured, the company shall not be liable for agreater proportion of any loss than the difference between such percentage and one hundred percent andthe balance of the loss shall be borne by the Insured; provided, the company may pay the Insured's portionof a loss to effect settlement of the loss, and, upon notification of the action taken, the Named Insured shallpromptly reimburse the company therefore.IV. AMENDED DEFINITION

- When used in reference to this insurance: ,"damages" means only those damages which are payable because of personal injury arising out of an offenseto which this insurance applies.

Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agree-ments of the policy other than as above stated.

This endorsement becomes effective riarcn I/ __. _________to be attached to and hereby made a part of PolicyNo. P- 1 . - 1797 issued hv Puritan Insurance Company_______________________t _____Eau Claire County_______________________________________This endorsement shall not be valid unless approved by the Aviation Managers.

2, Endorsement No.———-———————————————————— [X Southern Marine & Aviation Underwriters, Inc.„ - , - „ „ , D Southern Marine & Aviation, Inc.Date of issue February 27^ 1984

R v/RAM/jg

Form 211 3/79 (Paqe 2 of 2)

Page 6: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

CONSTRUCTION AND DEMOLITION PERMITENDORSEMENT

It is agreed that such insurance as is afforded by the policy for Bodily Injury Liability and for Property Damage Liability shallalso apply to new construction or demolition operations, including changing the size of or moving buildings or other structures,performed by or under contract with the insured at the premises described herein, and omissions and supervisory acts of theinsured in connection with such operations.Location:

Classifications applicableto such operations

(a) By Insured's Employees

RunwaysAll Other

(b) By Independent Contractors

RunwaysAll Other

Basis ofPremium

Remuneration

$ NIL$ 2 6 , 4 0 0 .

Cost

$NIL$50 1 ,60 (

Rates Per $100

Cov. A

NO'APPL:

NO'APPLK

Cov. B

1ICABLE

i:ABLE

Cov.C

$ 0 . 1 0$ 0 . 0 5

$0 . 10$ 0 . 0 5

Minimum Cov. A. Cov, B. ,.Premiums $ NOT APPLICABLE Total Advance Prem.um

Advance Premium

Cov. A

NOTAPPLI

NOTAPPLI

$NOT A

Cov. B

:ABLE

:ABLE

>PLICAB

Cov.C

*

*

t& *

The premium for this endorsement is an estimated premium only. Upon completion of such operations or the termination of thepolicy, whichever shall first occur, the insured shall furnish a statement to the company of (a) the actual remuneration earned byhis employees engaged in such operations and (b) the cost of all such operations performed by independent contractors and theearned premium shall be computed thereon. If the earned premium exceeds the estimated advance pretnium paid, the namedinsured shall pay the excess to the company; if less, the company shall return to the named insured the unearned portion paid bysuch insured.When used as a premium basis:

(1 ) the word "remuneration" means (a) the entire remuneration earned by all employees of the named insured, other thandrivers of teams or automobiles and aircraft pilots and co-pilots, subject to any' overtime earnings or limitation ofremuneration rule applicable in accordance with the manuals in use by the company,

(21 the word "cost" means the total cost of all such operations performed for the named insured by independentcontractors, including materials used or delivered for use.

* Premium in respect of construction or demolition operations is included inthe premium shown in Item 6 of the Declarations, but only up to the remunre-ation and/or cost specified above, whereafter additional premium shall bedue and payable in accordance with the rates specified above.Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, condifions

or agreements of the policy other than as above stated.

This endorsement becomes effective — "3-rCn — lj — "184 _____ f0 be attached to and hereby made a part of PolicyNn_ P- l - 1797 uo.gH hy Puritan Insurance Company ____ ̂ & __________Eau Claire County

This endorsement shall not be valid unless approved by rhe Aviation Managers.

Endorsement No.._____________3

Date of Issue__February 27Ix) Southern Marine & Aviation Underwriters, Inc.D Southern Marine & Aviation, Inc.

Form 204 9/71RAM/jg

Page 7: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

CJCONTRACTUAL LIABILITY ENDORSEMENT

(Designated Contracts Only)Schedule

It is agreed that the Limits of Liability set forth in the Policy Declarations, Item 6, shall apply as respects any coverage afforded hereunderunless other specific limits are set forth below, but in either event IT IS SPECIFICALLY AGREED that the Limits of Liability provided forContractual Liability are included as part of and not in addition to the Limits provided under Item 6.

Coverage Limits of Liability (this Coverage Part only)X. Contractual Combined Single Limit Bodily $ each occurrence

Injury and Property Damage Liability $ aggregateY. Contractual Bodily $ each person

Injury Liability $ each occurrenceZ. Contractual Property $ each occurrence

Damage Liability $ aggregate

1^ Designation of Contracts

All written contracts enteredinto by the Insured

Premium Bases

(a) Number(b> Cost

INCLUDEC

Minimum Premium(s)

RatesB.I. P.O._H °r CSL

(a) Per Contract(b> Per $100 of Cost

11 fCLUDED

TOTALS

Advance PremiumsBodily Injury

$

Property Damage( 1 orCSL

INCLUDEl

$TMrT.nnRnTOTAL ADVANCE PREMIUM $INCLUDED

When used as a premium basis, the word "cost" means the total cost to any indemnitee with respect to any 'contract which is insured of all work let orsub-let in.connection with each specific project, including the cost of all labor, materials and equipment furnished, used or delivered for use in theexecution of such work, whether furnished by the owner, contractor or the sub-contractor, including all fees, allowances, bonuses or commissionsmade, paid or due. '

I. COVERAGE X - CONTRACTUAL SINGLE UMITBODILY INJURY AND PROPERTY DAMAGE LIABILITYCOVERAGE Y - CONTRACTUAL BODILY INJURYLIABILITYCOVERAGE Z - CONTRACTUAL PROPERTY DAMAGELIABILITY

The Company will pay on behalf of the Insured all sums wttichthe Insured, by reason of contractual liability assumed by himunder a contract designated in the schedule for this insurance,shall become legally obligated to pay as damages because of

X. combined bodily injury andproperty damage or

Y. bodily injury orZ. property damage

to which this insurance applies, caused by an occurrence, and theCompany shall have the right and duty to defend any suit againstthe Insured seeking damages on account of such bodily injury or

property damage, even if any of the allegations of the suit aregroundless, false or fraudulent, and may make such investigationand settlement of any claim or suit as it deems expedient, but theCompany shall not be obligated to pay any claim or judgment orto defend any suit after the applicable limit of the Company'sliability has been exhausted by payment of judgments ofsettlements.ExclusionsThis insurance does not apply:(a) if the Insured or his indemnitee is an architect, engineer orsurveyor, to bodily injury or property damage arising out ofprofessional services performed by such Insured or indemnitee,including(1) the preparation or approval of maps, plans, opinions, reports,

surveys, designs or specifications and(2) supervisory, inspection or engineering services;(b) to any loss, damage or legal liability directly or indirectly

Form 209 4/72 (1 of 3) - ENDORSEMENT #4

Page 8: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

occasioned by, happening through or inconsequence of war,invasion, acts of foreign enemies, hostil{| } (whether war bedeclared or not), civil war, rebellion, revolution, insurrection,military or usurped power or confiscation or nationalization orrequisition or destruction of or damage to property by or under>ie order of any government or public or local authority;(c) to any loss, or damage or legal liability due to any atomic ornuclear fission and/or fusion, or other like reaction or radioactiveforce or matter.(d) with respect to ionizing radiations or contamination byradioactivity;(1) to loss 'Of, destruction of, or injury to any property

whatsoever, or any loss or expense whatsoever resulting orarising therefrom;V>v : ; -V.(2) to ; rariy, Jlegal v liability of ,, whatsoever nature,, caused, , orcontributed to by or arising from any source thereofwhatsoever.' • > ' , . " t i v . '.i- •.:• ( ' ! • , ' • • * ; \ , . • •-•;< . { : . - >

(fell\Z ~ . -.\ ,. i ! > ;-t < ! > :. n-ig 'r • : . - . K; , • • ' • ; - ' • < v . . ,. .Ifp to .claimjfdjrectty or indirectly occasioned by, happeningthrough or in consequence of:(a) noise (whether audible to the human ear or not),

vibration': sonic boom and any phenomena associatedtherevyitfv , , ;,M|r pollution and contamination of any kind whatsoever,,

(c) electrical and electromagnetic interference,(d) interference with the use of property;

— unless caused by a crash, explosion or collision or a recordedin-flight emergency causing abnormal aircraft operation.

(2) With respect to any provision in the policy concerning anyduty of the Company to investigate or defend claims, suchprovision shall not apply and the Company shall not berequired to defend .(a) claims excluded by Paragraph 1 or(b) a claim or claims covered by the policy when combined

with any claims excluded by Paragraph 1 (referred tobelow as "Combined Claims").

(3) In respect of any Combined Claims, the Company shall(subject to proof of loss and the limits of the policy)reimburse the Insured for that portion of the following itemswhich may be allocated to the claim or claims covered by thepolicy:

(j) damages awarded against the Insured and(i i ) defense fees and expenses incurred by the Insured.

(4) Nothing herein shall override any radioactive contaminationor other exclusion clause attached to>or forming part of thispolicy.

(f) to bodily injury or property damage for which the indemniteemay be held liable as a person or organization engaged in thebusiness of manufacturing, distributing, selling or serving alcohol-ic beverages or as an owner. or lessor of premises used for suchpurposes, by reason of the selling, serving or giving of anyalcoholic beverage (1) in violation of any statute, ordinance orregulation, (2) to a minor, (3) to a person under the influence ofalcohol, or (4) which causes or contributes to the intoxication ofany person;(g) to any obligation for which the Insured or any company ashis insurer may be held liable under any workmen's compensa-tion, occupational disease, disability benefit, unemploymentcompensation, employer's liability. United States Longshore-men's and Harbor Workers Compensation Act, The Jones Act,Federal Employers Liability Act, Defense Bases Act, or anysimilar act, plan or law whether state. Federal or foreign.

to any obligation for which the Insured may be held liable inn action on a contract by a third party beneficiary for bodilyinjury or property damage arising out of a project for a publicauthority; but this exclusion does not apply to an action by the

v/

public authority or a-- • other person or organization engaged inthe project; )(!) to property damage to(1) property owned or occupied by or rented to the Insured,(2) property used by the Insured, or(3) property in the care, custody or control of the Insured or as

to which the Insured is for any purpose exercising physicalcontrol;

(j) to property damage to premises alienated by the NamedInsured arising out of such premises or any part thereof;(k),jto .bodily injury or property damage resulting from thefailure of the Named Insured's products or work completed by orfor the Named Insured to perform the function or serve thepurpose intended by the Named Insured., if such failure is due toa mistake or .deficiency in any design, formula, plan, specifica-tions, advertising material or printed instructions prepared ordeveloped by any Insured; but this exclusion does not apply tobodily injury or property damage resulting from the activemalfunctioning of such products or work; : -(1) to property damage to the Named Insured's products arisingout of such products or any part of such products;(m) 'to property damage to work performed by or on behalf ofthe .Named Insured arising out of the work or any portionthereof, or out of materials, parts or equipment furnished inconnection therewith; ."••,,•>•<) ,-.-.- :M>:

:-'X'ACV > K . ' '(n) to damages claimed for the withdrawal, inspectign.f repair,'replacement, or loss of use of the Named Insured's products or;work completed by or for the Named Insured or of any propertyof which such products or work form a part, if such products,work or property are withdrawn from the market or from use,because of any known or suspected defect or deficiency therein; \(o) to property damage included within (1) the explosion hazard,(2) the collapse hazard, or (3) the underground property damagehazard.II. PERSONS INSUREDEach of the following is an Insured under this insurance to theextent set forth below:(a) if the Named Insured is designated in the declarations as anindividual, the person so designated;(b) if thq Named Insured is designated in the declarations as apartnership or joint venture, the partnership or joint venture so.designated and any partner or member thereof but only withrespect to his liability as such;(c) if the Named Insured is designated in the declarations asother than an individual, partnership or joint venture, theorganization so designated and any executive officer, director orstockholder thereof while acting within the scope of his duties assiich;III . LIMITS OF LIABILITYRegardless of the number of (1) Insureds under this policy, (2)persons or organizations who sustain bodily injury or propertydamage, or (3) claims made or suits brought on account of bodilyinjury or property damage, the Company's liability is limited asfollows:Coverage X - The limit of liability "each occurrence" stated inthe Declarations is the limit of the Company's liability as theresult of any occurrence for all damages because of bodily injurysustained by any one or more persons combined with all damagesarising out of injury to or destruction of all property of one ormore persons or organizations, including loss of use thereof as theresult of any one occurrence.Coverage Y - The limit of bodily injury liability stated in the

Form 209 4/72 (2 of 3)

ENDORSEMENT # 4

Page 9: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

odeclarations as applicable to "each person" is the limit of theCompany's liability for all damages because of bodily injurysustained by one person as the result of any one occurrence; butsubject to the above provision respecting "each person", the totalliability of the Company for all damages because of bodily injurysustained by two or more persons as the result of any oneoccurrence shall not exceed the limit of bodily injury liabilitystated in the declarations as applicable to "each occurrence".Coverage Z - The total liability of the Company for all damagesbecause of all property damage sustained by one or more personsor organizations as the result of any one occurrence shall notexceed the limit of property damage liability stated in thedeclarations as applicable to "each occurrence".Subject to the above provision respecting "each occurrence", thetotal liability of the Company for all damages because of allproperty damage to which this coverage applies shall not exceedthe limit of property damage liability stated in the declarations as"aggregate". Such aggregate limit of liability applies separatelywith respect to each project away from premises owned by orrented to the Named Insured.Coverages X, Y and Z - For the purpose of determining the limitof the Company's liability, all bodily injury and property damagearising out of continuous or repeated exposure to substantially*he same general conditions shall be considered as arising out ofne occurrence.

IV. ADDITIONAL DEFINITIONSWhen used in reference to this insurance (including endorsementsforming a part of the policy):

"contractual liability" means liability expressly assumedunder a written contract or agreement; provided, however,that contractual liability shall not be construed as includingliability under a warranty of the fitness or quality of theNamed Insured's products or a warranty that work per-formed by or on behalf of the Named Insured will bedone in a workmanlike manner;"suit" includes an arbitration proceeding to which theInsured is required to submit or to which the Insured hassubmitted with the Company's consent;"occurrence" means an accident, including injurious ex-posure to conditions, which results, during the policy period,in bodily injury or property damage neither expected norintended from the standpoint of the Insured.

V. POLICY PERIOD; TERRITORYThis insurance applies only to bodily injury or property damagewhich occurs during the policy period within the policy territory.

VI. ADDITIONAL CONDITIONArbitrationThe Company shall be entitled to exercise all of the Insured'srights in the choice of arbitrators and in the conduct of anyarbitration proceeding.

Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditionsor agreements of the policy other than as above stated.

. "arc" •*• r 1984 ____ fo ^e attached to and hereby made a part of PolicyPuritan Insurance CompanyecomesThis endorsement bNo. P- l - l/y/ i«..̂ hytn ' Eau Claire County

This endorsement shall not be valid unless approved by the Aviation Managers.Endorsement No.

Date of i«u« February 27 . 1984RAM/jg

C3 Southern Marine & Aviation Underwriters, Inc.D Southern Marine & Aviation, Inc.

By?rtn - 1 / 7 ? n of -\\

Page 10: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

NUCLEAR ENERGY LIABILITY EXCLUSION CLAUSE - BROAD NMA 1256

This Policy does not apply:I. Under any Liability Coverage, to injury, sickness, disease, death or destruction

(a) with respect to which an insured under the policy is also an insured under anuclear energy liability policy issued by Nuclear Energy Liability InsuranceAssociation, Mutual Atomic Energy Liability Underwriters or Nuclear InsuranceAssociation of Canada, or would be an insured under any such policy but for itstermination upon exhaustion of its limit of liability; or

(b) resulting from the hazardous properties of nuclear material and with respect towhich (1) any person or organization is required to maintain financial protectionpursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2)the insured is, or had this policy not been issued would be, entitled to indemnityfrom the United States of America, or any agency thereof, under any agreemententered into by the United States of America, or any agency thereof, with anyperson or organization.

II. Under any Medical Payments Coverage, or under any Supplementary Payments Provisionrelating to immediate medical or surgical relief, to expenses incurred with respect tobodily injury, sickness, disease or death resulting from the hazardous properties of nuclearmaterial and arising out of the operation of a nuclear facility by any person ororganization.

HI. Under any Liability Coverage, to injury, sickness, disease, death or destruction resultingfrom the hazardous properties of nuclear material, if(a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on

behalf of, an insured or (2) has been discharged or dispersed therefrom;(b) the nuclear material is contained in spent fuel or waste at any time possessed,

handled, used, processed, stored, transported or disposed of by or on behalf of aninsured; or

(c) the injury, sickness, disease, death or destruction anises out of the furnishing byan insured of services, materials, parts or equipment in connection with theplanning, construction, maintenance, operation or use of any nuclear facility, butif such facility is located within the United States of America, its territories orpossessions or Canada, this exclusion (c) applies only to injury to or destruction ofproperty at such nuclear facility.

IV. As used in this endorsement:"hazardous properties" include radioactive, toxic or explosive properties; "NuclearMaterial" means source material, special nuclear material or byproduct material; "SourceMaterial", "Special Nuclear Material", and "Byproduct Material" have the meanings giventhem in the atomic Energy Act 1954 or in any law amendatory thereof; "Spent Fuel"means any fuel element or fuel component, solid or liquid, which has been used or exposedto radiation in a nuclear reactor; "Waste" means any waste material (1) containingbyproduct material and (2) resulting from the operation by any person or organization of any

ENDORSEMENT #5

Page 1

Page 11: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

'. O )nuclear facility included within the definition of nuclear facility under paragraph (a)or (b) thereof;"Nuclear Facility" means(a) any nuclear reactor,(b) any equipment or device designed or used for (1) separating the isotopes of uranium

or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processingor packaging waste,

(c) any equipment or device used for the processing, fabricating or alloying of specialnuclear material if at any time the total amount of such material in the custodyof the Insured at the premises where such equipment or device is located consistsof or contains more than 25 grams of plutonium or uranium 233 or any combinationthereof, or more than 250 grams or uranium 235.

(d) any structure, basin, excavation, premises or place prepared or used for thestorage or disposal of waste,

and includes the site on which any of the foregoing isolated, all operations conductedon such site and all premises used for such operations; "Nuclear Reactor" means anyapparatus designed or used to sustain nuclear fission in a self-supporting chain reactionor to contain a critical mass or fissionable material. With respect to injury to or destructionof property, the word "Injury" or "Destruction" includes all forms of radioactive contaminationof property.

It is understood and agreed that, except as specifically provided in the foregoing to the contrary,this clause is subject to the terms, exclusions, conditions and limitations of the Policy to whichit is attached.In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Ricoor the Canal Zone, this Policy does not cover any liability of whatsoever natur^ directly or indirectlycaused by or contributed to by or arising from ionising radiations or contamination by radioactivityfrom any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.It is further agred that with respect to damages because of bodily injury or property damagearising out of a product which was sold for use of consumption within the territory descriedunder Special Provision II of Form 202 the territorial limits of this policy are worldwide butPROVIDED that the suit for such damages is brought within the territory descried in SpecialProvision II.

Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions,representations, conditions or agreements of the policy other than as above stated.This endorsement becomes effective March 1, 1984 to be attached to and hereby madea part of Policy No. P-l-1797 issued by _____Puritan Insurance Company_____to ______________________Eau Claire County______________This endorsement shall not be valid unless approved by the Aviation Managers.Endorsement No.______5______ x Southern Marine & Aviation Underwriters, Inc.

____ Southern Marine <5c Aviation, Inc.Date of Issue February 28, 198» „ /,RAM/jg By //fotto^A. /i .

Page 2

Page 12: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

O

WAR, HIJACKING AND OTHER PERILS EXCLUSION CLAUSE (Aviation)This policy does not cover claims caused by

" (a) War, invasion, acts of foreign enemies, hostilities, (whether war be declared or not), civil war, re-bellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpationof power.

(b) Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion orother like reaction or radioactive force or matter.

- (c) Strikes, riots, civil commotions or labour disturbances.(d) Any act of one or more persons, whether or not agents of a sovereign power, for political or terrorist

purposes and whether the loss or damage resulting therefrom is accidental or intentional.- (e) Any malicious act or act of sabotage.

(f) Confiscation, nationalisation, seizure, restraint, detention, appropriation, requisition for title or useby or under the order of any government (whether civil military or de facto) or public or localauthority.

^ (g) Hijacking or any unlawful seizure or wrongful exercise of control of the aircraft or crew in flight(including any attempt at such seizure or control) made by any person or persons on board theaircraft acting without the consent of the Insured.

Furthermore this policy does not cover claims arising whilst the aircraft is outside the control of theInsured by reason of any of the above perils.The aircraft shall be deemed to have been restored to the control of the Insured on the safe return of theaircraft to the Insured at an airfield not excluded by the geographical limits of this policy, and entirelysuitable for the operation of the aircraft (such safe return shall require that the aircraft be parked withengine shut down and under no duress).

Nothing herein contained shall vary, alter, waive or extend o y of the terms, provisions, representations, conditionsor agreements of the policy other than as above stated.This endorsement becomes •ff*/-fi»» March 1 , 9184_____ fo ^ a^ached to and hereby made a part of PolicyNn- P-l-1797___issued hypur*tan Insurance Company______________________tn Eau Claire County 'This endorsement shall not be valid unless approved by the Aviation Managers.

S SoutheiD Southern Marine & Aviation, Inc.

Endorsement No.___________±____________ S Southern Marine & Aviation Underwriters, Inc.Date of I«..A February 27. 1984

RAM/jgForm 404 (AV 48 B) 4/72

Page 13: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

oEXTENDED COVERAGE ENDORSEMENT

(AIRCRAFT LIABILITIES)

1. In consideration of an Additional Premium of Included______________ ,it is herebyunderstood and agreed that with effect from inception____________________paragraphs a ,c ,d ,e , . f and q_______________ of the War, Hijacking and Other PerilsExclusion Clause AVN 48B forming part of this policy, are deleted.

2. Nevertheless, the coverage provided by this Endorsement shall TERMINATE AUTOMATICALLY(a) Upon the outbreak of war (whether there be a declaration of war or not) between any of the

following States, namely, the United Kingdom, United States of America, France, the UnionSoviet Socialist Republics, and People's Republic of China.PROVIDED THAT if the Aircraft is in the air when such outbreak of war occurs, then thecoverage provided by this Endorsement (subject to its terms and conditions and providednot otherwise cancelled, terminated or suspended) will be continued in respect of such Aircraftuntil the said Aircraft has completed its first landing thereafter.

(b) Upon the hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction of radioactive force or matter wheresoever or whensoeversuch detonation may occur and whether or not the insured Aircraft may be involved.

3. Notwithstanding, in the event the insured Aircraft is requisitioned for either title or use thecoverage provided by this Endorsement will terminate in respect of such Aircraft.

4. The coverage provided by this Endorsement may be cancelled by either the Company, the Avi-ation Managers or the Insured giving notice effective on the expiry of seven (7) days from Mid-night G.M.T. on the day on which notice is issued.

AVN52

Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations,conditions or agreements of the policy other than as above stated.This endorsement becomes effective March 1, 1984___________to be attached to and herebymade a part of Policy No. P-l-1797____________ issued bv Puritan Insurance Company_____________________________to Eau Claire County____________

This endorsement shall not be valid unless approved by the Aviation Managers.Endorsement No. ______7___________Date of Issue: February 27, 1984_____

RAM/jgSOUTHERN MARINE AND AVIATION UNDERWRITERS , INC.

BY:

Form 17 1 (2/77)

Page 14: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

uIn consideration of the premium at which this Policy is written, it is understood and agreed that: -1. Wherever the words "accident" or "accident or occurrence" appear in this Policy, they are

deemed to be replaced by the word "occurrence".2. With respect to the insuring agreements contained in Policy Provisions Part 2, the following

changes are made: -Coverage A - Bodily Injury Liability is amended to read: -To pay on behalf of the Insured all sums which the Insured shall become legally obligated topay as damaged, including damages for care and loss of services, because of an occurrencecausing bodily injury, sickness, disease and* if arising out of the foregoing, mental anguish,including death at any time resulting therefrom, sustained by any person, and arising out ofthe hazards hereinafter defined.Coverage D - Hangarkeepers Liability is amended to read: -To pay on behalf of the Insured all sums which the Insured shall become legally obligated topay because of an occurrence causing direct loss or damage, including the loss of usethereof, to aircraft which are the property of others and in the care, custody or control ofthe Named Insured as bailee for storage or repair (as evidenced by the records of the NamedInsured) only while such aircraft are not in flight and are in or on the premises described.

3. With respect to the personal injury endorsement, the word "schedule" is deemed to beinserted between the endorsement heading and "coverage" and "limits of liability".

4. Item 5, Division 3, part 1 of the declarations is amended to read: -Division 3 - Construction and Demolition (only if and as endorsed hereon).

5. Item 5, Division 4, part 1 of the declarations is amended to read: -Division * - Contractual (only if and as endorsed hereon).

6. Exclusion (a) of Form 202 is amended to read: -(a) to the existance, maintenance, operation, use, loading or unloading of aircraft owned

by, hired by or for, or loaned to the Insured, or in flight by or for the account of theInsured, provided that this Exclusion does not apply to aircraft (not owned by theInsured) when the Insured's control is solely traffic control over the movement of suchaircraft.

7. Exclusion (b) of Form 202 is amended to read as follows: -(b) to assault and battery if committed by or at the direction of the Insured or a partner

or executive officer of the Insured, but this exclusion shall not apply if the assault andbattery is committed for the purpose of prevention or eliminating danger in theoperation of an aircraft, or for the purpose of preventing bodily injury, personal injuryor property damage.

Endorsement No. 8 - Page 1 of 3

Page 15: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

S. With respect to Exclusion (g) of Form 202 paragraph (b) and Exclusion (eXiXb) of contractualliability endorsement are amended to read! -

Pollutants released into earth, air, water or any other disposal system ̂ except if suchrelease is sudden and accidental*

9. Immunity Waiver - "It is agreed that to the extent legally possible, the Company will notavail itself of the defense that the Insured is not liable because of the performance ofGovernmental Functions, unless requested by the Insured."

10. Exclusion (k) of Form 202 and exclusion (b) of contractual liability endorsement are deletedand replaced by the War, Hijacking and Other Perils Exclusion Clause Form 404 endorsedhereon.

11. Exclusions (L) and (M) of Form 202 are deleted and replaced by the Nuclear Energy LiabilityExclusion Endorsement NMA 1256 and The Radioactive Contamination Exclusion ClauseLiability Direct NMA 1*77 endorsed hereon.

12. Exclusion (q) of Form 202 and exclusion (f) of contractual liability endorsement are amendedto read: -(g) to bodily injury or property damage for which the Insured or his indemnitee may be

held liable.(1) As a person or organization engaged in the business of manufacturing,

distributing, selling or serving alcoholic beverages, or(2) If not so engaged, as an owner or lessor of premises used for such purposes by

reason of selling, serving or giving of any alcoholic beverage.(0 In violation of any statute, ordinance or regulation(II) To a minor(III) To a person under the influence of alcohol, or(W) Which causes or contributes to the intoxication of any person

but parts (II), (HI), (IV) of this exclusion do not apply with respect to liability of theInsured or his indemnities as an owner or lessor described in (2) above.

13. Exclusion (r) of Form 202 is deleted.1*. The Definition "IN FLIGHT" is amended to mean the time commencing when the aircraft

other than a rotorcraft or other vertical take off and landing (VTOL) aircraft moves forwardin attempting to take off and continuing thereafter until it has completed its landing run. Arotorcraft or other VTOL aircraft shall be deemed to be "IN FLIGHT" when any engine inthe aircraft is being started or is operating or when the aircraft is off all supportingsurfaces.

15. The following Definition is added to Form 202: -Definition "OCCURRENCE" means an accident, including injurious exposure to conditions,which results during the policy period, in bodily injury or property damage neither expectednor intended from the standpoint of the Insured.

16. The Definition "INSURED'1 is deleted and replaced by, (for the purposes of all coveragesunder this Policy): -

Endorsement No. 8 - Page 2 of 3

Page 16: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

The unqualified word "INSURED" wherever used in this policy includes the Named Insuredincluding all Boards, Commissions and Subsidiary Agencies of the Named Insured, and all ofthe members, officers, servants, volunteer workers, officials and employees thereof withrespect to liability arising out of the ownership, maintenance or use of the airport describedin the policy declarticns, and all operations necessary thereto.

17. Condition 11 Cancellation of Form 202 is amended to allow for Thirty (30) days prior noticeby the Company or the Aviation Managers in lieu of Ten (10).

18. Definition of "AIRPORT" is amended to include the described premises and ways and meansimmediately adjoining thereto.

19. The total premium for the period of this policy is $27,000.00 and is due and payable asset forth below: -

DATE PAYMENT DUE AMOUNT DUEMarch 1, i 98* $9,000.00March 1, 1985 $9,000.00March 1, 1986 $9,000.00

Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions,representations, conditions or agreements of the policy other than as above stated.

This endorsement becomes effective March 1, 198* to be attached to.and hereby madea part of Policy No. PI-1797 issued by _____Puritan Insurance Company_____to _______________________Eau Claire County______________________This endorsement shall not be valid unless approved by the Aviation Managers.Endorsement No.______8______ X Southern Marine <5c 'Aviation Underwriters, Inc.

____ Southern Marine & Aviation, Inc.Date of Issue February 29,

Endorsement No. 8 - Page 3 of 3

Page 17: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

fNON OWNED AIRCRAFT LIABILITY ENDORSEMENT

In consideration of an Additional premium of $ Included , it is agreed that such insuranceas is afforded by this policy under Coverage C is extended to include non-owned fixed wingor rotorwing aircraft used by the Named Insured.A. PROVIDING this extension of coverage

1. only applies to aircraft not owned in whole or in part by, or leased under a longterm lease or lease-option purchase agreement by the Insured.

2. shall not apply to liability arising out of any product manufactured, sold, handledor distributed by the Insured.

3. shall not apply to liability for loss of or damage to the aircraft or anyconsequential loss arising therefrom.

<f. shall not apply while with the knowledge and consent of the Named Insured theaircraft is operated in flight by a pilot who is not properly certificated and ratedbytheF.A.A. for the flight involved.

B. Additional definitions applicable to this endorsement: -1. aircraft shall mean any standard F.A.A. category or non-standard F.A.A.

category provided the aircraft is being operated in accordance with F.A.A.requirements.

2. wherever the words "bodiliy injury" appear in this policy, they may be deemed toinclude "passenger". "Passenger" means any person or persons while in, orentering the aircraft for the purpose of riding or flying therein, or alightingtherefrom during or following a flight or attempted flight therein.

3. as used under this endorsement the term "Long Term Lease" shall mean forperiods in excess of Thirty (30) consecutive days. >

C. Except with respect to insurance purchased by the Named Insured to apply in excess ofthis Policy, this insurance shall be excess insurance over any other valid andcollectible insurance available to the Named Insured, either as an insured under apolicy applicable with respect to the aircraft or otherwise, against a loss coveredthereafter.

D. It is agreed that this extension of coverage does not insure the liability of any insuredwhich arises out of the ownership, maintenance or use of an aircraft owned by suchinsured, or any member of the household of such insured.

Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions,representations, conditions or agreements of the policy other than as above stated.This endorsement becomes effective March 1, 1984 to be attached to and hereby madea part of Policy No. PI-1797 issued by _____Puritan Insurance Company_____to ________________________Eau Claire County________________________This endorsement shall not be valid unless approved by the Aviation Managers.Endorsement No.______9______ X Southern Marine & Aviation Underwriters, Inc.

____ Southern Marine <5c Aviation, Inc.Date of Issue Frbruary 29, 19-84 /> - , *———l——l——————— ' • •- - - '

Page 18: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

LIMITATION OF LIABILITY ENDORSEMENT

It is agreed that the Company's limit of liability under Item 6 Coverage D - HangarkeepersLiability is included within the limit for Item 6 Coverage C.Notwithstanding the inclusion herein of more than one Insured, whether by endorsement orotherwise the total liability of the Company for Coverages C and D combined shall notexceed $10,000,000 any one accident or occurrence, and in the aggregate with respect toProducts-Completed Operations, Contractual Liability.

Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions,representations, conditions or agreements of the policy other than as above stated.

This endorsement becomes effective March 1, 198fr to be attached to and hereby madea part of Policy No. P-M797 issued by ____Puritan Insurance Company_____to ________________________Eau Claire County______________________^_This endorsement shall not be valid unless approved by the Aviation Managers.Endorsement No.______10______ x Southern Marine & Aviation Underwriters, Inc.

____ Southern Marine <x Aviation, Inc.Date of Issue February 28, 198» /? /)

RAM/jg By /C(ftU«^46 (/-

AOCI

Page 19: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

POLICY PROVISIONSPART 2

.The Company agrees with the Insured, both named in the Declarations made a part hereof, in consideration of the payment of the premiumland in reliance upon the statements in the Declarations and subject to the Limits of Liability, Exclusions, Special Provisions and Conditionsand other terms of this policy to afford those of the following coverages as specified in the Declarations:

INSURING AGREEMENTSCOVERAGE A - Bodily Injury Liability.To pay on behalf of the insured all sums which the Insured shallbecome legally obligated to pay as damages, including damagesfor care and loss of services, because of bodily injury, sickness,disease and, if arising out of the foregoing, mental anguish,including death at any time resulting therefrom, sustained by anyperson, and arising out of the hazards hereinafter defined.COVERAGE B - Property Damage Liability.To pay on behalf of the Insured all sums which the Insured shallbecome legally obligated to pay as damages because of injury toor destruction of tangible property, including the loss bf ''fy$ethereof, caused by accident and arising out of the hazardshereinafter defined.COVERAGE C - Single Limit Bodily Injury and Property Damage'ability. , . ;?• ' ; . ! .- '_o pay on behalf of the Insured all sums which the Insured shall <

become legally obligated to pay as damages(1) including damages for care and loss of services, because ofbodily injury, sickness, disease and, if arising out of theforegoing, mental anguish, including' death at any timeresulting therefrom/sustained by any person/and

(2) For injury to or destruction of tangible property, includingthe loss of use thereof, caused by accident and arising out ofthe hazards hereinafter defined.

COVERAGE D - Hangarkeeper's Liability.To pay on behalf of the Insured all sums which the Insured shallbecome legally obligated to pay because of tha direct loss ordamage, including the loss of use thereof, to aircraft which arethe propertytof others and in the care, custody or .control pf the.Named Insured as bailee for storage or repair (as evidenced by therecords, of the Named, Insured) only while such aircraft are not inflight and are in or on the premises described.,; •'

DEFINITION OF HAZARDSUnder Coverages A, B and C

DIVISION 1-Airport'Operations • , :The ownership, ' maintenance or use of the airport, and alloperations necessary thereto.DIVISION 2 - Products - Completed Operations.0) Goods or products manufactured, sold, handled or distri-buted by the Named Insured if the occurrence or accident

occurs after possession of such goods or products has beenrelinquished to others by the Named Insured.

(2) Service operations of the Insured, if the occurrence oraccident takes place after service operations have beencompleted or abandoned provided operations shall not bedeemed incomplete because improperly or defectively per-formed or because further operations may be requiredpursuant to a service or maintenance agreement.

DIVISION 3-Construction • Demolition.Structural alterations which involve changing the size of buildingsor other structures, new construction and demolition, if theaccident occurs in the course of such operations at the airport bythe Named Insured or his contractors or their subcontractors.DIVISION 4-ContractualLiability expressly assumed under a written contract or agree-ment; provided, however, that contractual liability shall not beconstrued as including liability under a warranty of the fitness orquality of the Named Insured's products or a warranty that workperformed by or on behalf of the Named Insured will be done ina work men I ike manner. ,

SPECIAL PROVISIONSDEFENSE, SETTLEMENT, SUPPLEMENTARY PAY-MENTS.As respects such insurance as is afforded by the other termsof this policy, the Company shall:la) defend any suit against the Insured alleging such

injury, sickness, disease or destruction and seekingdamages on account thereof, even if such suit isgroundless, false or fraudulent; but the Company shallhave the right to make such investigation, negotiationand settlement of any claim or suit as it deemsexpedient;pay all premiums on bonds to release attachments foran amount not in excess of the applicable limit ofliability of this policy, all premiums on appeal bondsrequired in any such defended suit, but without anyobligation to apply for or furnish such bonds, all coststaxed against the insured in any such suit, all expensesincurred by the Company, all interest accruing afterentry of judgment until the Company has paid, ten-dered or deposited in court such part of such judgmentas does not exceed the limit of the Company's liabilitythereon;

{c) pay expenses incurred by the Insured, in the event of

(b)

bodily injury, for such immediate medical and surgicalrelief to others as shall be imperative at the time of theaccident;

(d) reimburse the- Insured for all reasonable expenses(other than loss of earnings, or wages and salariesof employees of the Insured) incurred at the Com-pany's request;

(e) not be obligated to pay any defense, settlement orsupplementary payment, as set forth herein, and thepolicy is null and void and no coverage is applicableif any deductible payable by the Insured, as stipulatedfor any coverage herein under which a claim hasarisen, is not paid by the Insured upon request ofthe Company.

Subject to (e) above, the Company agrees to pay theamounts incurred under this Special Provision, exceptsettlement of claims and suits, in addition to the applicablelimit of liability of this policy.POLICY PERIOD - TERRITORYThis policy applies only to occurrences or accidents whichoccur during the policy period within the United States ofAmerica, its territories or possessions, Canada or Mexico.

Form 20? 9/7 1 [ 1 o l 4) Rev. 10/74

Page 20: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

rrobes, wearing apparel, personal effects or merchandise ofany description, whether the aircraft in which they arecontained is damaged or not; (2) to any a ircraft or aircraftengines or equipment owned or leased by the Insured or his

nediate family or employees, or by members of the firm

if the Insured be a copartnership, or by officers or directorsof the corporation if the Insured be a corporation; (3) to anymaterial furnished by the Insured or any work done by theinsured out of which the accident arises;

DEFINITIONS"AVIATION MANAGERS" shall mean Southern Marine &Aviation Underwriters, Inc., or Southern Marine & Aviation, Inc."AIRPORT". The unqualified word "airport" means the airportdesignated in the Declarations."AIRCRAFT" means any aircraft including engines, propellers,operation and navigation instruments and radio equipmentusually attached to the aircraft including component partsdetached and not replaced by similar parts, and tools thereinwhich are standard for the make and type of aircraft."FLIGHT" shall mean the period from the time the aircraftmoves forward in taking off or in attempting to take off until it

has completed its landing and landing run after contact with landor water."INSURED" when unqualified includes the Named Insured andalso includes any executive officer, director or stockholderthereof while acting within the scope of his duties as such. If theNamed Insured is a partnership, the unqualified word "Insured"also includes any partner therein but only with respect to hisliability as such; the insurance applies separately to each Insuredagainst whom claim is made or suit is brought, but the inclusionherein of more than one Insured shall not operate to increase thelimits of the Company's liability.

2.

3.

CONDITIONSPREMIUM.All premiums for this policy shall be computed in accor-dance with the Company's rules, rates, rating plans, pre-miums and minimum premiums applicable to the insuranceafforded herein.

Premium designated in this policy as "advance pre-mium" is a deposit premium only which shall be credited tothe amount of the earned premium due at the end of thepolicy period. At the close of each period {or part thereofterminating with the end of the policy period) designated inthe Declarations as the audit period, the earned premiumshall be computed for such period and, upon notice thereofto the Named insured, shall become due and payable. If thetotal earned premium for the policy period is less than thepremium previously paid, the Company shall return to theNamed Insured the unearned portion paid by the NamedInsured.

The Named Insured shall maintain records of suchinformation as is necessary for premium computation, andshall send copies of such records to the Aviation Managers atthe end of the policy period and at such time during thepolicy period as the Aviation Managers may direct.INSPECTION AND AUDIT.The Company or the Aviation Managers shall be permittedbut hot obligated to inspect the Named Insured'; propertyand operations at any time. Neither the Company's right tomake inspections nor the making thereof nor any reportthereon shall constitute an undertaking, on behalf of or forthe benefit of the Named Insured or others, to determine orwarrant that such property or operations are safe.

The Company or the Aviation Managers may examineor audit the Named Insured's books and records at any timeduring the policy period and extensions thereof and withinthree years after the final termination of this policy, as far asthey relate to the subject matter of this insurance.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 alsoreasonably obtainable information with respect to thetime, place and circumstance thereof, and the namesand addresses of the injured and of available witnesses,shall be given by or for the Insured to the AviationManagers at their New Orleans, Louisiana office whoseaddress appears herein as soon as practicable. TheNamed Insured shall promptly take at his expense allreasonable steps to prevent other bodily injury or

Form 202 9/7 1 (3 of 4) Rev 10/74

4.

property damage from arising out of the same or similarconditions, but such expense shall not be recoverableunder this policy.

(b) If claim is made or suit is brought against the Insured,the Insured shall immediately forward to the AviationManagers at their New Orleans. Louisiana office whoseaddress appears herein, every demand, notice, summonsor other process received by him or his representative.

(c) The Insured shall cooperate with the Company and,upon the Company's request, assist in making settle-ments, in the conduct of suits and in enforcing anyright of contribution or indemnity against any personor organization who may be liable to the Insuredbecause of bodily injury or property damage withrespect to which insurance is afforded under this policy;and the Insured shall attend hearings and trials andassist in securing and giving- evidence and obtaining theattendance of witnesses. The Insured shall not, exceptat his own cost, voluntarily make any payment, assumeany obligation or incur any expense other than for firstaid to others at the time of the accident.

LIMITS OF LIABILITYCoverage A The limit of liability stated in the Declarationsas applicable to "each person" is the limit of the Company'sliability for all damages, including damages for care and lossof services arising out of bodily injury, sickness or diseaseand if arising out of the foregoing, mental anguish includingdeath resulting therefrom, sustained by any one person asthe result of any one occurrence; the limit of such liabilitystated in the Declarations as applicable to "each occurrence"is, subject to the above provision respecting each person, thetotal limit of the Company's liability for all damages,including damages for care and loss of services, arising out ofbodily injury, sickness or disease and, if arising out of theforegoing, mental anguish including death resulting there-from, sustained by two or more persons as the result of anyone occurrence.Coverage B. The limit of liability stated in the Declarationsas applicable to "each accident" is the total limit of theCompany's liability for all damages arising out of injury toor destruction of all tangible property of one or morepersons or organizations, including the loss of use thereof asa result of any one accident.Coverage C. The limit of liability stated in the Declarations isthe limit of the Company's liability as the result of anyoccurrence or accident or any occurrence and accident

Page 21: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

combined for all damages, including damages for care andloss of services arising out of bodily injury, sickness ordisease and if arising out of the foregoing, mental anguish

•-.including death resulting therefrom, sustained by any one or'more persons and for all damages arising out of injury to ordestruction of all tangible property of one or more personsor organizations, including the loss of use thereof as a resultof any one accident.Coverage D. The limit of the Company's liability under thiscoverage because of loss of or damage, including the loss ofuse, to one aircraft shall not exceed the amount statedherein, and subject to the foregoing provision for any oneaircraft, the total limit of the Company's liability fordamages to more than one aircraft arising out of the sameoccurrence shall not exceed the amount stated herein as thelimit for any one occurrence.The deductibles stated herein shall apply to each and everyclaim. iAggregate Products - Completed Operations or Constructionand Demolition.Subject to the limit of liability with respect to "eachoccurrence or acddent", the limits of bodily injury liabilityand property damage liability stated in the Declarations as"aggregate" are respectively the total limits of the Com-pany's liability for all damages arising out of the Products -

— Completed Operations or Construction and Demolitionhazards. All such damages arising out of one lot of goods orproducts prepared or acquired by the Named Insured or byanother trading under ,his name, or arising under theConstruction and Demolition hazard shall be considered asarising out of one, occurrence or accident. Aggregate limits ofliability shall apply separately to each division of hazard andto each annual period.

. SEPARATE INSUREDSThe insurance afforded under the coverages set forth aboveapply separately to each insured against whom claim is madeor suit is brought, but the inclusion herein of more than oneInsured shall not operate to increase the applicable limit ofthe Company's liability.

6. ACTION AGAINST COMPANYNo suit or action on this policy for recovery of any loss orclaim shall be sustained in a court of law, or equity, unless asa condition precedent thereto, the Insured shall have fullycomplied with all the terms of this policy, nor until the

— amount of the Insured's obligation to pay shall have beenfinally determined either by judgment against the Insuredafter actual trial or by written agreement of the Insured, theclaimant and the Company.

Any person or organization or the legal representativethereof who has secured such judgment or written agreementshall thereafter be entitled to recover under this policy tothe extent of the insurance afforded by this policy. Nothingcontained in this policy shall give any person or organizationany right to join the Company as co-defendent nor shall theCompany be impleaded by the Insured or his legal rep-resentative in any action against the Insured to determinethe Insured's liability.

Bankruptcy or insolvency of the Insured or of theInsured's estate shall not relieve the Company of any of itsobligations hereunder.

7. SUBROGATIONIf the Company becomes liable for any payment under this

) policy in respect of loss, damage or liability, the Company— shall be subrogated, to the extent of such payment, to all the

rights and remedies of the Insured against any party in respectof such loss, damage or liability and shall be entitled at theCompany's own expense to sue in the name of the Insured.The Insured shall give to the Company all such assistance

Form 202 9/71 (4 of 4) Rev. 10/74

in his power as the Company may require to secure theirrights and remedies, and at the Company's request, shallexecute all documents necessary to enable the Companyeffectively to bring suit in the name of the Insured.

8. OTHER INSURANCEExcept with respect to insurance specifically purchased bythe Named Insured to apply in excess of this policy, if thereis other insurance, in the Insured's name or otherwise,against loss, liability or expense covered by this policy, theCompany shall not be liable under this policy for a greaterproportion of such loss, liability or expense than theapplicable limit of the Company's liability, as stated in theDeclarations of this policy, bears to the total applicable limitof liability of all valid and collectible insurance'against suchloss, liability or expense: , - > ,-

9. CHANGESNotice to any agent or knowledge possessed by any agent orby any other person shall not effect a waiver or a change inany part of this policy or estop the Company from assertingany rights under the terms of this policy; nor shall the.termsof this policy be waived or changed, except by endorsementissued to form a part hereof signed by the Aviation Managers.

10. ASSIGNMENT. 'Assignment of Interest under this policy shall not bind the1 Company until"its consent is endorsed hereon by theAviation Managers; if, however, the Named Insured shall diewithin the policy period, this policy, unless.canceled, shall,provided written notice be given to the Aviation .Managerswithin sixty days after the date of such death, apply tg, hislegal representatives as the Named Insured.. j,( ,j ; , ,

11. CANCELATION ; ' ; ;This policy may be canceled by the Named tnsured bysurrender thereof .or by mailing to the Aviation Managerswritten notice stating when thereafter , the/ cancelationshall be effective. This policy may be canceled by theCompany or the Aviation Managers by mailing to theNamed Insured at the address shown in this policy writtennotice stating when not less than ten days thereafter suchcancelation shall be effective. The mailing of notice asaforesaid shall be sufficient proof of notice. The time of thesurrender or the effective date and hour of cancelationstated in the notice shall become the end of the policyperiod. Delivery of such written notice either by the NamedInsured, the Company or the Aviation Managers shall beequivalent to mailing. '

If the Named Ihsured cancels, earned premium shall becomputed in accordance with the customary short rate tableand procedure. If the Company or the Aviation Managerscancel, earned premium shall be computed pro rata. Pre-mium adjustment may be made either at the time can-celation is effected or as soon as practicable after cancelationbecomes effective, but payment or tender of unearnedpremium is not a condition of cancelation.

12. FRAUD OR MISREPRESENTATIONThis policy shall be void if the Named Insured has concealedor misrepresented any material fact or circumstance con-cerning this insurance or the subject thereof or in case of anyfraud, attempted fraud or false swearing by the NamedInsured touching any matter relating to this insurance or thesubject thereof, whether before or after a loss.

13. DECLARATIONSBy acceptance of this policy the Named Insured affirms thatthe statements in the Declarations are his agreements andrepresentations and the Named Insured acknowledges thatthis policy is issued in reliance upon the truth of suchrepresentations and that this policy embodies all agreementsexisting between himself and the Aviation Managers, theCompany, or any of their agents relating to this insurance.

Page 22: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

It is understood and agreed that the second annual premium installment inthe amount of $9,000.00, is due and payable hereon.Subject to policy coverage, terms, conditions, limitations and exclusions

Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditionsor agreements of the policy other than as above stared.

This endorsement becomes effective —— M3Th 1 1 — 1985 —————— to be attached to and hereby made a part of PolicyNn. Pl-l 797 ___ issued by puritan Infrnrancp Company ___________________ —to —— Fan Cla ire County _______________________________________This endorsement shall not be valid unless approved by the Aviation Managers.

Endorsement No.- ________________ _ _____ lj(l Southern Marine & Aviation Underwriters, Inc.O Southern Marine & Aviation, Inc.rahv.na»w 9n 1 Q Q CDate of !«..» February 20, 1985 _______

( ). fUrRAM/ j g ByForm 102 'L 1 /7 1

Page 23: 0000110 Aviation Insurance Policy · 0000110 Aviation Insurance Policy Southern Marine & Aviation Underwriters, Inc. AVIATION MANAGERS PURITAN INSURANCTHE INSURER ISE: COMPAN Y STAMFORD,

SOUTHERNMARINE &AVIATIONUNDERWRITERS, INC.

HOME OFFICEB1O POYDRAS ST., [5O4] B&4-4131

NEW ORLEANS 7O13OBRANCH OFFICES

3200 Wilahira Boulevard 7670 Woodway, Suite 220[213) 385-8436 [713) 784-66O5

Los Angeles, California 90010 Houston, Texas 7706310 Corporate Square, Suite 1OO

(404)321-1660Atlanta, Georgia 30328

FOOMIOOfREV 5/17/83)