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HomeMy WebLinkAboutCS 22-09 City REPORT TO EXECUTIVE COMMITTEE PICKERING Report Number: CS 22-09 170 Date: June 8, 2009 From: Gillis A. Paterson Director, Corporate Services & Treasurer Subject: 2009/2010 Property and Liability Insurance Renewal Recommendation: 1. That Report CS 22-08 of the Director, Corporate Services & Treasurer be received; 2. That the City of Pickering renew effective June 16, 2009, its property, liability and other coverages through the Frank Cowan Company for the period July 1, 2009 to June 30, 2010 inclusive on terms and conditions acceptable to the Director, Corporate Services & Treasurer; 3. That the Director, Corporate Services & Treasurer, as part of the Risk Management Program, be authorized to continue the Reimbursable Deductible Program through the Insurance Adjuster and the Frank Cowan Company and further, that the Director be authorized to settle any claims including any adjusting and legal fees where it is in the City's interest to do so; 4. That the Director, Corporate Services & Treasurer be authorized to purchase additional insurance, make changes to deductibles and existing coverages, and alter terms and conditions as becomes desirable or necessary in orderlo limit potential liability exposure and to protect the assets of the City and it's elected officials and staff; and, 5. That the appropriate officials be authorized to take the necessary actions to give effect thereto. Executive Summary: The City's insurance program continues to operate successfully and the above recommendations provide for a renewal of the policies basically on the same or improved terms and conditions in the past years which also provides coverage for the Library, its Board and its employees. Report CS 22-09 June 8, 2009 Subject: 2009/2010 Property and Liability Insurance Renewal Page 2 171 Financial Implications: The premium renewal cost has been provided for in the various cost centers through the approval of the 2009 budget by Council and the renewal premium cost is within the 2009 budgeted amount. Sustainability Implications: Insurance renewal provides the City with financial security and is therefore better able to maintain financial sustainability. Background: Each year on July 1, the City's general liability and property insurance policies come up for renewal. As approved by Council at the time of the 1998 renewal, the Treasurer undertook an extensive review of all aspects of the City's insurance program. The City of Pickering embarked in a Risk Management Program, the initial phase of which involved negotiating renewing premiums with the City's broker. The result of the negotiations was a decrease of approximately $75,000 or 20 percent, in the premiums from that of the prior year. The savings were transferred to the Self Insurance Reserve. In our opinion, this program has served the city well, and today there is almost $1 million in this reserve. Recommendation 4 provides the Treasurer with the authority to continue to review and adjust insurance coverages where appropriate during the year to reflect business requirements and current market and business environment conditions. Insurance Market The insurance industry is going through some difficult times. Loss of equity in world stock markets has translated into lower return on investments which has traditionally been used to offset insurance company costs/claims. Property insurance markets have suffered catastrophic losses in Europe and the USA. The end result is that the municipal insurance market is becoming tighter. In addition, municipalities continue to be the target for the litigiously inclined through the "deep pocket" theory of joint and several liability where one per cent of the liability can result in the municipality assuming 100% of the cost of the claim. The insurance market has always been subject to cycles of "soft" and "hard" due to the unpredictable nature of an insurance. We can not predict when the next major catastrophic event will occur. Basic risk management states that you should diversify your risk. Many insurance companies have customers throughout the Province or Canada to diversify the risk associated with a local catastrophic event. With the City of Pickering being a direct customer of the Frank Cowan Company (who has customers throughout the Province and beyond) the geographical risk diversification is achieved and maintained. Report CS 22-09 June 8, 2009 Subject: 2009/2010 Property and Liability Insurance Renewal Page 3 172 Service to our Residents Regrettably, insurance claims or incidents do occur. A key strategic advantage of the City's insurance and risk management program is that every claim is processed with a customer service attitude. After a claim or incident is received, City staff quickly contact (within 24 hours) the claimant, to advise them that the City has received the claim and to ensure them that the claim is being investigated by the City's Insurance Adjuster. The City's Insurance Adjuster has many years of local municipal insurance experience which the City uses as an asset to investigate and settle claims. The City's Insurance Adjuster is familiar with the City and its municipal infrastructure and this experience has assisted in reducing claims cost due to his knowledge and or his familiarity with the City, its policies and procedures. The Insurance Adjuster's service standard is to make contact with the claimant within two business days. Sometimes, the claimants may not completely agree with the outcome and City staff may review the claim and/or to intervene to work towards a solution. The strategic advantage of the "local service delivery model" is that claims are handled quickly professionally and with a customer service perspective. In addition, the current "local" service delivery model allows City staff "hands on" participation in the claims process to better serve claimants who, in the majority of situations are City residents. Attachments: 1. Program Summary of Insurance Coverage Prepared By: Approved / Endorsed By: Stan Karwowski Gillis A. Paterson Manager, Finance & Taxation Director, Corporate Services & Treasurer SK:vw Recommended for the consideration of Pickering City Council Thomas J Qutative , RD CMM 1117 Chief Adminis Officer ATTACHMENT#j L_TO REPORT# C 5 u 73 Cowan Frank Cowan Company 2009 MUNICIPAL INSURANCE PROGRAM ctpr 00 CORPORATION OF THE CITY OF PICKERING Prepared by: Mr. Viano Ciaglia, C.I.P., C.R.M. Account Manager Frank Cowan Company Limited 4 Cowan Street East Princeton, ON NOJ 1 VO This is a summary. Nothing herein alters the terms, conditions and viano.ciaglia@frankcowan.com exclusions contained in the printed insurance contract(s). 1-800-265-4000 REF: 60275/sh T/519-458-4331 May 15, 2009 F/519-458-4366 1r/4 About Frank Cowan Company Leader in Public Entity Insurance Frank Cowan Company has grown to become one of Canada's leading providers of Insurance and Risk Management solutions for public entities. For over 80 years Frank Cowan Company has been a pioneer in the development and implementation of innovative insurance programs for the Municipal, Health Care, Education and Social Services sectors. Frank Cowan Company is affiliated with Cowan Insurance Group, the Guarantee Company of North America and Millennium CreditRisk Management through common ownership under Princeton Holdings Limited. Cowan Insurance Group provides insurance and risk management products and services to businesses, organizations, and individuals. Cowan Insurance Group is one of the largest privately owned business and personal insurance brokerage operations in Canada, and provides retirement and group benefits assistance to employers, as well as financial advice on life insurance, disability management, critical illness and long term care. The Guarantee Company of North America specializes in commercial and contract surety, fidelity, directors' and officers' liability and personal lines insurance including it's high value Guarantee Gold coverage. Millennium CreditRisk Management specializes in trade credit and political risk insurance. Outstanding Service We are more than just an insurance provider. We are a trusted partner in providing insurance and risk management services. We work with our clients and their affiliated associations to develop individualized risk management and claims management programs, advise on procedural or regulatory change as well as an array of other services. Our mandate is clear...help our clients reduce risk. Clients also benefit from our affiliations with lawyers, adjusters and others that specialize in the public sector. The combination of our service network and internal expertise allow us to continually develop innovative, cost-effective solutions and services tailored to the risks of individual clients. Financial Stability Frank Cowan Company, as an Underwriting Agent, represents a select group of financially strong Canadian based insurers that have made a long-term commitment to public sector risk. Our business model creates a very stable market for your insurance requirements, and gives our customers the comfort of knowing that they will always be protected by long-term, high-quality continuous service. Frank Cowan Company -2- 175 Cowan Service Solutions More Than Just Insurance Cowan offers a full range of services to assist in the management and reduction of risk, which is equally vital to our clients. Risk Management, Claims Management and our other value-added services were initiated by Cowan and have evolved throughout our history. Most often we can. provide the services listed below at no additional cost to the client. Liability Hazard Assessment ta• Our Municipal clients are involved in a wide range of diverse activities to serve the public. These lead to various potential public liability situations. We work with our clients to provide specific hazard identification and analysis of these exposures. Building Valuations We conduct periodic detailed inspections of property and buildings with formal reports, replacement cost valuations for insurance purposes, photographic inventory with recommendations to correct potential hazards. Seminars & Staff Training ttY We deliver a wide range of presentations to our Municipal clients on an ongoing basis that provide continuous education for our clients. Risk Audits rb- We help our clients audit systems and processes to reduce potential losses within their operations and specifically focus on documentation, reporting and consistency with accepted standards and practices. Contractual Review ;b- Our experience contributes insight on the suitability and effectiveness of liability transfers and appropriate insurance and indemnity clauses within your various contracts. Publications, Bulletins & Ab, Because constant two-way communication is important, Information Packages our website is available on a 24 hour basis for access to information on our Services, Publications and programs. Anyone in your organization can visit us at www.frankcowan.com to keep informed of common issues and solutions. Claims Management ib We handle your claim fairly and efficiently. Claims that are made against you are handled with the consistent strategy of defending or discouraging those claims that are without merit, or reaching a reasonable settlement on claims that do merit payment. Detailed claims progress reports are produced and can be organized by type of loss or department to suit your needs. Frank Cowan Company -3- 1 76 MARKETPLACE CONDITIONS The Canadian Property & Casualty Insurance marketplace continues to witness consolidation yet remains one of the most saturated insurance markets in the world, with over 200 players. However, amongst the majority of the insurers operating in Canada, specialization continues to be the trend. Only a limited number of insurers are willing to risk their capital on high liability exposure classes such as Municipal, Healthcare, Education and Social Services sectors. While the last few years have brought some stability for the general Property & Casualty market,, specialty classes continue to present unique Underwriting and Claims Management challenges. The Public Entity sector continues to experience significant losses. Some of these losses have been driven by landmark cases, but overall, frequency and severity of claims have increased dramatically. As well, the overall cost of claims, which takes into account escalating court awards, claims administration expenses and the ever-increasing replacement costs of assets,.has continued to rise. Insurers and Reinsurers are extremely cautious about public entity liability exposures due impart to the complexity of services provided by public sector organizations. A number of insurers have either imposed coverage restrictions or withdrawn from the public entity market entirely. Frank Cowan Company, a specialist in public entity insurance, continues to receive the support and capacity of our insurers. We continue to provide long-term stability for the insurance and risk management needs of our public entity clientele. Our policies and services continue to evolve in response to the exposures faced by our clients. We are confident that our product, service and pricing will reflect our continued commitment to this sector. Frank Cowan Company -4- ' 1r 7 COMPREHENSIVE INSURANCE PROGRAM 2009 - 2010 Frank Cowan Company -5- CHANGES TO YOUR INSURANCE PROGRAM Please be advised of the following changes to your insurance program that now apply: a Crime Policy ■ The Crime package policy has been extended to include a limit of $ 200,000. for Computer Fraud or Funds Transfer Fraud. ■ Property Policy ■ Property values have been increased in order to reflect inflationary trends. ■ EE uipment Breakdown Insurance Policy ■ A Collision and Upset Exclusion will apply on the Restored Tractor Engine at the Museum. Frank Cowan Company -6- 179 PROGRAM SUMMARY SUMMARY OF COVERAGES LIMITS/AMOUNTS PART A CASUALTY Municipal Liability Limit of Protection per occurrence $ 25,000,000. (No Annual Aggregate Limit) Third Party Claims Deductible including expenses $ 50,000. Sewer Backup per Claimant Deductible including expenses $ 50,000. Wrongful Dismissal (legal expense) Limit per claim $ 250,000. Annual Aggregate Limit $ 250,000. Deductible $ 5,000. Voluntary Compensation Included Municipal Marina Liability Included Malpractice Liability Included Errors and Omissions Limit of Protection per claim $ 25,000,000. (No Annual Aggregate Limit) Deductible including expenses $ 50,000. Non-Owned Automobile Limit of Protection per occurrence $ 25,000,000. (No Annual Aggregate Limit) Legal Liability for Non-Owned Vehicles (S.E.F. No. 94) Third Party Liability Deductible $ 10,000. All Perils Physical Damage Limit $ 500,000. Deductible $ 500. Environmental Liability Liability of Protection per claim $ 1,000,000. Annual Aggregate Limit $ 2,000,000. Self-Insured Retention $ 50,000. Frank Cowan Company -7- PROGRAM SUMMARY SUMMARY OF COVERAGES ' LIMITS/AMOUNTS Comprehensive Crime Commercial Blanket Bond $ 2,000,000. Counterfeit Paper Included and Depositors' Forgery Included Audit Expense (Sub-Limit $ 100,000.) Included Money and Securities - Blanket any Location $ 100,000. Excess on Securities $ 100,000. Computer Fraud or Funds Transfer Fraud $ 200,000. Councillors' Accident One City Mayor/Regional Councillor, Three Regional Councillors (Durham)/ City Councillor and Three City Councillors and Nine Library Board Members Accidental Death & Dismemberment $ 100,000. (No Annual Aggregate Limit and No Deductible) Weekly Income - Total Disability $ 500. Weekly Income - Partial Disability $ 250. Twenty-Four Hour a Day Coverage applies. . Municipal Conflict of Interest Percentage of Legal Fees and Expenses 100% Maximum Limit of Reimbursement per claim $ 100,000. (No Annual Aggregate Limit) Legal Expense Percentage of Legal Fees and Expenses 100% Maximum Limit of Reimbursement per claim $ 100,000. Annual Aggregate Limit $ 250,000. Frank Cowan Company -8- PROGRAM SUMMARY SUMMARY OF COVERAGES LIMITS/AMOUNTS PART B - PROPERTY Property Insurance (including Data Processing Insurance) Total Sum Insured * $ 173,484,165. Valuable Papers $ 500,000. Accounts Receivable $ 500,000. Extra Expense (other than Data Processing) $ 1,000,000. Business Interruption Rent or Rental Value Form $ 500,000• Gross Revenue Form $ 2,584,500. Checkroom Liability $ 5,000. Data Processing System and Equipment $ 1,440,800• Media $ 47,000. Extra Expense $ 50,000. Fine Arts Form $ 2,000. Exhibition Form As Per Lists Provided Builders' Risk Insurance Broad Form $ 3,500,000. (Addition & Renovation Project - Recreation Complex, 1867 Valley Farm Road, Pickering) Deductible $ 10,000. Exceptions: - Fine Arts Form and Exhibition Form $ 2,500. - Checkroom Liability $ 2,500. - Fire Training Trailer $ 2,500. - Peril of Flood $ 25,000. - Peril of Earthquake 3% or Minimum $ 100,000. *Note: Please refer to the insurance contract for an itemized list of assets containing specific limits of insurance or that are excluded from the policy. Frank Cowan Company -9- 1 82 PROGRAM SUMMARY SUMMARY OF COVERAGES LIMUS/AMOUNTS Equipment Breakdown Limit per Accident - Comprehensive: - Steam Engine At Greenwood Museum, 2365 6`h Concession, Greenwood, ON $ 10,000. - All Other Locations $ 50,000,000. Extra Expense $ 500,000, Spoilage - Goods under Refrigeration $ 50,000. Business, Interruption - Loss of Profits (Gross Revenue) - All Buildings & Facilities, Greenwood Museum, Pickering, Ontario $ 94,500. - Don Beer Arena, 940 Dillingham Road, Pickering, Ontario $ 600,000. - Dunbarton Indoor Pool, 655 Sheppard Ave. E., Pickering, Ontario $ 100,000. - Pickering Recreation Complex, 1867 Valley Farm Road, Pickering, Ontario $ 1,790,000. Expediting Expenses Included By-Law Cover Included Errors and Omissions $ 100,000. Hazardous Substance (including PCB Contamination) $ 500,000. Ammonia Contamination $ 500,000. Water Damage $ 500,000. Professional Fees $ 500,000. Data Restoration $ 25,000. Denial of Access 2 Weeks Deductible $ 10,000. Frank Cowan Company -10- PROGRAM SUMMARY SUMMARY OF COVERAGES LIMITS/AMOUNTS PART C - AUTOMOBILE Automobile Fleet Liability Limit $ . 25,000,000. Deductibles Section 3 (Third Party) $ 10,000. Section 6 (Direct Compensation) $ 10,000. No Physical Damage applies to: -1951 Antique Pumper (Parades) All Perils $ 10,000. Garage Automobile Third Party Liability Limit $ 3,000,000. Customer Vehicles Collision Limit $ 200,000. Deductible $ 500. Specified Perils Limit $ 300,000. Deductible $ 500. Frank Cowan Company -11- 184 PROGRAM OPTIONS Options are available as outlined below. Please note that in addition to these options, you may also have other exposures that require or may benefit from specific insurance forms, such as: marina liability, aviation liability, etc. Alternate deductibles and limits may also be available. 1. CRIME INSURANCE - THIRD PARTY BOND EXTENSION With respect to Crime Insurance, coverage may be extended to include a Third Party Bond Extension. Should this form of coverage be required, please advise us accordingly in order that we may provide you with a cost quotation. 2. SELF-INSURANCE - DEDUCTIBLE PROGRAMS For comparison purposes we are setting out optional deductible programs that the Insured may wish to consider. CLASSIFICATION PRESENT OPTIONAL CREDITS DEDUCTIBLE DEDUCTIBLE AVAILABLE Property $ 10,000. $ 25,000. $ 5,341. (Bldg., Cnts. & Equip., Data Processing Insurance & Bldrs. Risk) (All Deductibles will remain the same Equipment Breakdown $ 10,000. $ 25,000. $ 865. Frank Cowan Company -12- 1 8 5. COVERAGE FEATURES Frank Cowan Company -13- 86 PART A CASUALTY Frank Cowan Company -14- 187 MUNICIPAL LIABILITY INSURANCE Features The Cowan Municipal Program incorporates a comprehensive and broadly worded liability policy which was designed specifically to meet the needs of municipalities and their corresponding risks which are quite different and unique from other commercial risks that are insured under a Commercial General Liability (CGL) policy. When comparing forms of coverage, it is important to note that unless the coverage is specifically excluded, it is generally covered, subject to the terms and conditions of the policy. ■ Liability coverage provided for Bodily Injury, Property Damage, and Personal Injury. ■ Separate Limit of Liability applies. ■ No Annual Aggregate limit is applicable ■ Coverage is provided on an Occurrence basis. ■ Broad form Definition of Insured applies, -including: Councillors, Employees, Statutory Officers, Firefighters, Volunteers, Boards, Commissions, and Committees. ■ Cross Liability is included. ■ Coverage applies Worldwide. The following coverages are included to the full policy limit, unless specified otherwise: ■ Employers' Liability ■ Contractual Liability ■ Liquor Liability ■ Tenants' Legal Liability • Sewer backup Liability • Please be advised that deductibles indicated for sewer backup claims are on a per claimant basis. Therefore, if there are sewer backup claims, you could be responsible for multiple deductibles for those claims, up to the number of claimants. ■ Professional Liability on an Occurrence basis (e.g. Building Inspection Services, Medical Malpractice). ■ Malpractice Liability ■ Watercraft Liability ■ Products Liability • Wrongful Dismissal legal expense coverage is provided only if a specific amount is shown for this coverage in the Program Summary section of this report. ■ No exclusion for sexual, physical or mental abuse applies to the entity. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -15- 1 ERRORS AND OMISSIONS LIABILITY INSURANCE Features This is a claims-made policy that protects the municipality from liability imposed upon it by a court of civil law for compensatory damages because of a wrongful act causing financial loss to a third party. Claims for Wrongful Acts causing financial loss to a third party can range from, but are not limited to, negligence in building inspection, zoning, planning, passing by-laws, failing to enforce by-laws, misrepresentation, abuse ofpower and acting in bad faith. ■ Separate Limit of Liability applies. ■ No Annual Aggregate limit is applicable. Broad form Definition of Insured applies, including: Councillors, Employees, Statutory Officers, Firefighters, Volunteers, Boards, Commissions, and Committees. ■ Administration of Employee Benefit Programs is included to the full policy limit (no aggregate limit applies). ■ Coverage applies Worldwide. Please refer to the Insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -16- 189 NON-OWNED AUTOMOBILE INSURANCE Features This policy provides liability protection against claims arising out of accidents involving vehicles not owned by the municipality, but operated on its behalf. Coverage is provided as per the Statutory Non-Owned Automobile policy. A separate limit of liability applies. Coverage is extended to provide excess automobile liability insurance, to the policy limit, for Councillors, Board Members, Officers, Employees, and even Volunteers for claims arising while driving their own vehicles on municipal business. ■ Physical damage coverage, as specified in the Summary of Coverage pages, is provided for the municipality's contractual and legal liability for damage to vehicles not owned by the corporation or any other insured. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -17- 1 90 ENVIRONMENTAL LIABILITY INSURANCE Features This is a claims-made policy that protects the municipality from environmental liabilityfor claims because of bodily injury, property damage and the prevention, control, repair, clean-up or restoration of environmental impairment. Cowan's comprehensive wording, among other things, does not limit a municipality to claims arising from a sudden and accidental event. • Separate limits of liability apply specifically to this coverage. • Broad form Definition of Insured applies, including: Councillors, Employees, Statutory Officers, Firefighters, Volunteers, Boards, Commissions, and Committees. ■ Broad definition of Environmental Impairment applies. • Coverage is included for sudden and accidental events and for liability resulting from events that occur gradually and over a period of time (i.e. not limited to sudden and accidental claims). • Coverage is included for liability arising out of the escape of contaminants from properties previously owned, leased or operated by the municipality. ■ Coverage is included for impairment caused by owned watercraft. ■ Coverage applies Worldwide. ■ No exclusion for landfill sites, open or closed. ■ No exclusion for fuel tanks, above or underground. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -18- 191 CRIME INSURANCE Features This policy provides protection to the municipality for the loss of money, securities and other property through the fraudulent or dishonest acts of employees and others. ■ Coverage is provided on a Commercial Blanket Bond package, and may include: - Employee Dishonesty, - Loss of Money and Securities, - Money Order and Counterfeit Paper Currency, - Depositors' Forgery, and - Computer Fraud or Funds Transfer Fraud. ■ Audit expense coverage is in addition to the overall bond limit, to the maximum amount provided in the Summary of Coverage pages. ■ The definition of "employee" is extended to include all persons holding positions in the municipality's service who are not compensated, and includes Members of Council, Members of all Boards, Commissions and Committees appointed by and under Council's jurisdiction. ■ The definition of "messenger" is also extended to include persons not compensated. ■ No deductible applies unless specified in the Program Summary. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -19- 192 COUNCILLORS' ACCIDENT INSURANCE Features This policy provides accident insurance coverage for the benefit of the municipality's elected officials. All benefits are payable in addition to any other benefits that the injured person may be in receipt of. ■ Coverage applies while the individual is acting within the scope of their duties, including all travel required. ` No aggregate limit applies. ■ No age restriction applies. ■ Coverage is not limited to "authorized" travel only. ■ Weekly indemnities are paid in full regardless of the individual's employment status (e.g. retired, self-employed, etc.). ■ Weekly indemnity for Total Loss of Time is payable for life. ■ A schedule of Dismemberment Benefits is provided and payable as set out in the policy. ■ Funeral expenses are included up to $10,000. ■ Blanket Accident expenses are included up to $10,000. and include dental, chiropractic, registered nurse, podiatrist, ambulance, drugs, crutches, etc. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -20- 93 CONFLICT OF INTEREST INSURANCE Features This policy provides for the reimbursement of legal fees and expenses incurred by the elected or appointed members of Council who are charged under the Municipal Conflict of Interest Act, provided that a courtf:nds (1) there has been no contravention, or (2) contravention has occurred by reason of inadvertence, remoteness, or insignificance, or (3) contravention has occurred by reason of a bona fide error in judgement. ■ Coverage is provided in respect of each individual Insured's claim to the maximum limit specified in the Summary of Coverage pages. ■ Separate limit of insurance applies to this coverage. ■ No annual aggregate limit applies. ■ Coverage is extended to include any member of a Board, Commission, or Committee of the Insured as defined in the Municipal Conflict of Interest Act. ■ Coverage is also included for any subsequent proceedings under this Act. ■ The Insured selects and instructs legal counsel with no intervention by the insurer. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -21- 194 LEGAL EXPENSE INSURANCE Features This policy provides for the reimbursement of legal fees including disbursements incurred by the insured in defence of charges laid for an alleged offence under any Statute of the Province of Ontario (except for the Highway Traffic Act and the Municipal Conflict of Interest Act). Some of the more common Statutes where exposure exists include: Environmental Protection Act, Freedom of Information and Protection of Privacy Act, Occupational Health and Safety Act, Ontario Water Resources Act, and Pesticides Act. ■ Broad form Definition of Insured applies, including: Councillors, Employees, Statutory Officers, Firefighters, Volunteers, Boards, Commissions, and Committees. ■ Separate limits of insurance apply to this coverage. ■ Coverage applies to both "guilty" and "not guilty" outcomes if applicable. ■ The Insured selects and instructs legal counsel with no intervention by the insurer. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -22- PART B PROPERTY Frank Cowan Company -23- 1 9 6 PROPERTY INSURANCE Features This policy provides "Ali Risk" coverage to protect the municipality's assets from direct physical loss or damage. Coverage is provided on a blanket basis, which means that the municipality will not be jeopardized should the value of an asset be undervalued in the schedule and suffer a total loss. Rather, the municipality will enjoy the protection of the blanket limit of all assets combined. Another key feature of the Cowan wording is that the replacement cost coverage provides replacement of historical or unique buildings with materials as similar as possible to preserve their heritage. ■ Broad definition of property insured is included. ■ No co-insurance clauses apply. ■ Insured is not required to provide a signed statement of values and policy does not contain a stated amount clause. ■ Replacement Cost coverage is provided (unless specifically stated otherwise). ■ Worldwide coverage is included. ■ Replacement on same site is not required. ■ No restriction on property in transit and coverage is provided to policy limit. • Newly acquired property is automatically included with no limit other than the policy limit. ■ Percussion is granted for the following: - to make additions, alterations and repairs (no limit other than the policy limit), for any property to remain vacant or unoccupied, - to use any property for any purpose, and - to keep and use materials as usual and necessary. ■ Sewer back-up coverage is included. • By-law coverage is included to the policy limit. ■ Debris removal (including Environmental/Pollution Clean-up) is included to the policy limit. Frank Cowan Company -24- 197 Property Insurance Features continued ■ The following coverages, if applicable, are included to the limit specified in the Summary of Coverage pages: - Valuable Papers, - Accounts Receivable, - Extra Expense (including Interruption by Civil Authority), and Media (unless included under Data Processing Rider) ■ The following coverages are also available, if applicable (please refer to the Summary of Coverage pages): - Data Processing System and Equipment, along with Media and Extra Expense, - Fine Arts, - Exhibition Form, and - Business Interruption. ■ If a single loss involves both the Automobile and Property Insurance policies, the Property policy, deductible is waived only on any insured property attached to the automobile. ■ One deductible applies should there be a loss involving both the Property and the Equipment Breakdown Insurance policies. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -25- 198 EQUIPMENT BREAKDOWN INSURANCE Features This policy insures sudden and accidental mechanical breakdown to boilers, pressure vessels, and other equipment including resulting damage, all of which is generally excluded under a Property Insurance policy. Examples of common types of breakdowns insured would include: cracking: bulging, burning, explosion, mechanical breakdown and electrical burnout. This insurance also provides inspections and certification services as required by law. ■ Comprehensive Blanket coverage provided. • Broad definition of Object, includes communication equipment and production machinery. ■ Settlement is based on repair or replacement cost (no depreciation factor). ■ Broad definition of Accident applies. ■ New locations and newly installed objects are automatically included. • Computer Control Equipment is included when used solely to control or operate an insured object. • The following coverages, if applicable, are included to the limit shown on the Summary of Coverage pages: - Extra Expense, - Water Damage, - Ammonia Contamination, - Expediting Expenses, - Hazardous Substance (including PCB Contamination), - Loss of Arena Revenues, - Spoilage, - Professional Fees, - Data Restoration, - By-Law Cover, - Errors and Omissions, and - Denial of Access. ■ One deductible applies should there be a loss involving both the Equipment Breakdown and Property Insurance policies. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -26- 199 PART C AUTOMOBILE Frank Cowan Company -27- 200 AUTOMOBILE FLEET INSURANCE Features This policy provides protection for all claims arising out of the use or operation of licensed automobiles owned or leased by the municipality. Coverage is provided as per the Statutory Automobile Owner's Policy. A special Cowan endorsement is added to enhance the basic policy coverage. ■ Coverage is provided for Liability, Accident Benefits, Uninsured Automobile, and Direct Compensation - Property Damage. ■ Loss or Damage coverages are available as requested by the Municipality to protect their licensed vehicles from physical damage caused by an insured peril. ■ Coverage is automatically extended to include: - newly acquired vehicles, - inappropriately licensed drivers, - permission to carry explosives, - permission to rent or lease, damage caused by freezing of Fire-Fighting Apparatus, and - permission to carry passengers for compensation. ■ Our Replacement Cost coverage is unique. It provides repairs or replacement of vehicles with no deduction for depreciation. - On a partial loss, repair estimates are calculated by using all new parts to repair damage. - On a total loss, the municipality has the option of purchasing a new vehicle, or accepting a cash settlement for the amount it would cost to purchase a new vehicle. ■ Guaranteed Amount coverage can be provided on specified vehicles. Repairs or replacement will be undertaken without deduction for depreciation up to the Guaranteed Amount shown on the automobile schedule attached to the policy. • Valued coverage can be provided on specified vehicles, usually those that are obsolete, would not be replaced, or would be replaced with a used vehicle. ■ Actual cash value (ACV) coverage can be provided on specified vehicles. ■ If a single loss involves both the Automobile and Property Insurance policies, the Property policy deductible is waived only on any insured property attached to the automobile. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -28- 201 GARAGE AUTOMOBILE INSURANCE Features This policy provides protection for all claims arising out of a municipality's garage operations and its legal liability for customer vehicles. Coverage is provided as per the Statutory Garage Automobile Policy. Garage operations include not only repair garages, but also storage garages and parking lot operations. ■ Coverage is provided for Third Party Liability for bodily injury or property damage as per the limit specified in the Summary of Coverage pages. ■ Coverage is also provided for Accident Benefits, Uninsured Automobile, and Direct Compensation Property Damage. ■ Loss or Damage coverage is available as requested by the municipality to protect its legal liability for a customer's automobile from physical damage caused by an insured peril, while in the care, custody or control of the municipality. ■ Physical damage coverage for customer vehicles can include Collision, and Comprehensive or Specified Perils coverage. Please refer to the limits and deductibles for the selected coverage as specified in the Summary of Coverage pages. Please refer to the insurance contract for all limits, terms, conditions and exclusions that apply. Frank Cowan Company -29-