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HomeMy WebLinkAboutTiger Tanks - Insurance Certificate (2020)DATE (MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 11119/2019 �. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT Lupe Vargas NAME: KIA Insurance Associates, Inc. PHONE ( 661) 835-4542 FAX A/C No. Extl: I (A/C, No): (661) 835-4500 License # 0415101 I -MAIL Ivargas@kernins.com kernins.com ADDRESS: P.O. BOX 11390 I INSURER(S) AFFORDING COVERAGE NAIC # Bakersfield CA 93389-1390 INSURERA: STICO Mutual Insurance Company RRG INSURED INSURER B : United Financial Casualty Co. 11770 Tiger Tanks Inc. INSURER C : Insurance Company Of The West 3397 Edison Highway INSURER D : United Specialty Insurance Co. 12537 INSURER E : Bakersfield CA 93307 I INSURER F : COVERAGES CERTIFICATE NUMBER: 19 All, except cargo REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL 5UtiK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY 5,000,000 EACH OCCURRENCE $ DAMAGE RENTED CLAIMS -MADE IX-1OCCUR PREM SESO(Ea occurrence) $ 50,000 A Y 1GLR000102-20 GEN'LAGGREGATE LIMIT APPLIES PER: ❑ PRO - POLICY PJECT LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO B OWNED �/ SCHEDULED 03537265-4 AUTOS ONLY AUTOS X HIRED v NON -OWNED AUTOS ONLY AUTOS ONLY OCCUR UMBRELLA LIAR HCLAIMS-MADE EXCESS LIAB DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N C ANY PROPRIETOR/PARTNER/EXECUTIVE WSA500551908 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Motor Truck Cargo D USA4213778 MED EXP (Any one person) $ 5,000 11/19/2019 11/19/2020 I PERSONAL & ADV INJURY $ 5,000,000 GENERAL AGGREGATE $ 5,000,000 PRODUCTS -COMP/OPAGG $ 5,000,000 Employee Benefits s 1,000,000 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 BODILY INJURY (Per person) I $ 03/12/2019 03/12/2020 I BODILY INJURY (Per accident) I $ PROPERTY DAMAGE (Per accident) $ PKG $ EACH OCCURRENCE $ AGGREGATE $ I$ PER STATUTE I I EERH E.L. EACH ACCIDENT I $ 1,000,000 01 /01 /2019 01 /01 /2020 E.L. DISEASE - EAEMPLOYEE I $ 1,000,000 E.L. DISEASE -POLICY LIMIT I$ 1-000,000 Per Conveyance/$25,000 Deduct/1,000 12/ 17I2018 12/17/2019 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Gilroy is additional insured per attached form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Gilroy ACCORDANCE WITH THE POLICY PROVISIONS. 7351 Rosanna Street AUTHORIZED REPRESENTATIVE Gilroy CA 95020 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy# 1GLR000102-20 15 SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage" to property: (a) Owned, occupied, or used by (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). GLP 08-17 POL STICO Mutual Insurance Company, RRG 16 b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Policy. e. Any person or organization that you are required by a written insured contract to include as an insured, subject to all of the following provisions: (1) Coverage is limited to their liability arising out of: (a) the ownership maintenance or use of that part of the premises or land owned by, rented to, or leased to, you; or (b) your ongoing operations performed for that insured; or (c) that insured's financial control of you; or (d) the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s); or (e) a state or political subdivision permit issued to you. (2) Coverage does not apply to any occurrence or offense: (a) which took place before the execution of, or subsequent to the completion or expiration of, the written insured contract, or (b) which takes place after you cease to be a tenant of that premises. If an Additional Insured Endorsement attached to this policy names a person or an organization as an insured then that person or organization shall be an insured solely by reason of that Endorsement and not by reason of this Paragraph 2.e. f. Any vendor but only with respect to "Bodily injury" or "Property damage" arising out of "your products" which are distributed or sold in the regular course of a vendor's business subject to the following additional exclusions: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or "Property damage" for which the vendor is obligated to pay the damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor: (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container: GLP 08-17 POL STICO Mutual Insurance Company, RRGZOSTICO�,:.:: 17 (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agree to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient or any other thing or substance by or for the vendor. (2) This insurance does not apply to any insured person or organization, from whom or from which you have acquired such products or any ingredients, part or container, entering into, accompanying or containing such products. (3) If an Additional Insured —Vendors endorsement attached to this policy names a person or organization as an insured, then that person or organization shall be an insured solely by reason of that Endorsement and not by reason of this Paragraph 2.f. With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 4. All of your subsidiaries, companies, corporations, firms or organizations, as now or hereafter constituted qualify as Named insured under this policy if: a. you have the responsibility of placing insurance for each entity; and b. coverage for the entity is not otherwise more specifically provided; and c. the entity is incorporated or organized under the laws of the United States of America courts. But each entity is insured only while you own, during the policy period, a controlling interest in such entity of greater than 50% of the stock assets. However: coverage under this provision is afforded only until the end of the policy period, or the 12 month anniversary of the policy inception date, whichever is earlier; and Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. GLP 08-17 POL " STICO Mutual Insurance Company, RRG.,4P {� F�3 SECTION III — INSURING AGREEMENT (COVERAGES) COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in SECTION IV — LIMITS OF INSURANCE; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS-- COVERAGES A and B. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION II — WHO IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. 2. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". GLP 08-17 POL'� STICO Mutual Insurance Company, RRG �,��Y 30 d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured, but not before obtaining such an agreed settlement in writing or obtaining a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section III — Coverage A — Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of GLP 08-17 POL�' STICO Mutual Insurance Company, RRG,,:,, sa 31 this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Policy. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Policy in accordance with our rules and rates. b. Premium shown in this Policy as advance premium is a deposit premium only, unless at our option we state on the Declarations page that the premium is Flat. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in all applications to us for insurance, including renewal applications, are representations you made to us; b. The statements in the Declarations are accurate and complete; c. Those statements are based upon representations you made to us; and d. We have issued this policy in reliance upon your representations. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. GLP 08-17 POL p5 r STICO Mutual Insurance Company, RRG �- 32 8. Transfer Of Rights Of Recovery Against Others To Us And Blanket Waiver Of Subrogation a. If the insured has rights to recover all or part of any payment we have made under this Policy, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. If required by a written insured contract we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or work for that person or organization. 9. When We Do Not Renew If we decide not to renew this Policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 10. Cancellation If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days prior to the effective date of cancellation. 11. Liberalization If we adopt a change in our forms or rules, which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. GLP 08-17 POL STICO Mutual Insurance Company, RRG