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LIQUOR LIABILITY INSURANCE TO: FROM: COPIES: SUBJECT: DATE: . . CITY OF CLEARWATER Interdepartment Correspondence Sheet Elizabeth S. Haeseker, Assistant City Manager . ;I')I',~ William C. Held, Jr., Assistant Harbormaat~~ Cyndie Goudeau, City Clerk Clearwater Beach Seafood - Insurance Sept. 3, 1986 I have received and reviewed the insurance policy for Clearwater Beach Seafood. This policy meets the requirements of their lease agreement and expires on May 31, 1987. WCH:hml RECEIVED ~ ~ 1986 crrJj CLERK RE trds , 8/_ ~B E C-E. Date: )sed contains a Mortgage Clause, or Loss Payable Clause iVor. NJGa Clearwater Beach Seafood 'and Policy No. Insurance Exchange #008015-000-0 Liquor Lia~lItry.a Lorello, Customer Service RepresentatIve : Clearwater lX 4748 Iter, Florida 33518 &D~ INSURANCE AGENCY 620 BYPASS DRIVE P. O. BOX 5026 CLEARWATER. FLORIOA 3361E Phone: (813) 797-4499 Tamp8: 229-8208 :---.. ~=.2~=:::';'""'=~=::::;:..:.:.":,:::...-,._._,-::::-:::.....,:..,,..:-: - "".:. " . . , API il'm l"ffi'1l e . ~1 ~J ~1 ~~ f,'I rt"j ~i7:i f".'1 f ... . . . .1a~If~ Pfill IN~ I"'lf~;'~r"'~ ~>.~ A.~~~~ Imm~ ~.cli~~P1~ ~~ ~.fAt OF THE ~, r'.';rl....., m~ nzDl n AMmICAS F'~ r:1~, lit"!l!l f!:"~ A. INC. .. , .' RiR tB ~f!it 1II!r\ ~~,' ~~. r:, f{::~ ~r'\ ~:S\\!r-~ . t< 8~1 ~ ISl f'1 rl....J ~ (;..~r~ ~4: t-, f,'~'~ i ~ It. i ~ ~ '~ It ; ~ I', ;:J ; Insured or Reinsured: Clearwater Beach Seafood, 37 Causeway Blvd. Clearwater, FL 33515 Inc. Effective Dates: Description of Coverage and/or Liability Limit/or Sum Insured or Reinsured May 31, 1986 To t1ay 31, 1987 L i quo r L jab i lit)' Ins u ran c e US $500,000 Each Common Cause./Aggrega te All terms and conditions as per wording attached Premium US $1,100.00 Minimum & Deposit Broker 1.0. Reference No. MU6454 t1EOA 042 lEA Contract or Renewal No. 008015-000-0 Insured or Reinsured Contract No. N/A This Insurance Is Issued pursuant to the Florida Insurance Exchange Law, Code Section 629.401, and rates and forms are not subject to approval by the Florida Insurance Department. I' I ~ ~ ~ I I , I j The Insurance Exchange of the Americas, Inc. aUests that It has issued this policy In accordance with instructions from its member syndicates pursuant to the terms and conditions of Its rules and the aUached schedules and endorsements. , ., I President In witness, Secretary . ., Date Date " ""'.."... 1 00 '~\~~,~~~-:;~~;:~.;,~~;.-~~::,; ::::.:'," ^ ,., ..~,:~.". 'CERTAIN SYNDICATE. THE INSURANCE EXCHANGE 'THE AMERICAS,INC. "--I'~.." .. - :I.. .~~J... .....lIlo.... ===l~= ..... ... ......... MIAMI, FLORIDA 33131 HEREINAFTER REFERRED TO AS "THE COMPANY" CLAIMS MADE L1aUOR LIABILITY INSURANCE DECLARATIONS PAGE __u._________ ...n ..__ POLICY NO. 008015-000-0 RENEWAL OF NEW THIS IS A CLAIMS MADE POLICY. THIS POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND RELATING TO OCCURRENCES TAKING PLACE ON OR AFTER THE RETROACTIVE DATE SHOWN BELOW PLEASE REVIEW YOUR POLICY CAREFUllY AND IN CASE YOU HAVE ANY QUESTIONS OR DOUBTS CONSULT YOUR INSURANCE AGENT OR BROKER. NAME OF INSURED: Clearwater Beach Seafood, Inc. NAMED INSURED IS: _~_ PARTNERSHIP; ~_ INDIVIDUAL; JOINT VENTURE; -XX._ CORPORATION; OTHER (SPECIFY) MAILING ADDRESS: 37 Causeway Blvd., Clearwater, FL 33515 DESIGNATED INSURED PREMISES: 37 Causeway Blvd., Clearwater, FL 33515 NATURE OF OPERATIONS: Restaurant which serves beer and wine only. RETROACTIVE DATE: Inception-5-31-86, 12:01 a.m. POLICY PERIOD: LIMITS OF LIABILITY: ADVANCE PREMIUM: FROM: 5-31-86, 12:01 a.m. TO: 5-31-87, 12:01 a.m. Both days at 12:01 AM Standmd Time at the Mailing Address of the Named Insured as stated above (unless a different hour of attachment is shown) $ 500,000. each common cause; and $ 500,000. annual aggregate. $ 1,100. MINIMUM AND DEPOSIT, ADJUSTABLE AT $ 1.775 PER $100 OF RECEIPTS FROM THE SALE OF ALCOHOLIC BEVERAGES, BASED ON ESTIMATED RECEIPTS OF $ 50,000. MINIMUM EARNED PREMIUM IN CASE OF CANCELLATION: 25% 01 ADVANCE PREMIUM AUDIT PERIOD: ANNUAL UNLESS OTHERWISE STATED: -----.--. FORM NUMBER AND TITLE OF COVERAGE PART ATTACHED HERETO: LL-1(2/86) - LIQUOR LIABILITY INSURANCE - CLAIMS MADE BASIS FORM NUMBERS OF ENDORSEMENTS ATTACHED HERETO: GE-04 (2/86), Liab 7251f1l, LL-2 (5/86) PREVIOUS CLAIMS: SERVICE OF SUIT: IMPORTANT NOTE: FORM LL.' 0 (MIll) BY ACCEPTANCE OF THIS POLICY THE NAMED INSURED STATES AND DECLARES THAT HE HAS HAD NO LIQUOR LIABILITY CLAIMS OR OCCURRENCES OR INCIDENTS WHICH MIGHT GIVE RISE TO A LIQUOR LIABILITY CLAIM, EXCEPT AS FOLLOWS: (Absence of an entry means "NO EXCEPTIONS") SECRETARY /TREASURER INSURANCE EXCHANGE OF THE AMERICAS, INC. 245 S.E. FIRST STREET MIAMI, FL 33131 PUNITIVE AND EXEMPLARY DAMAGES ARE EXCLUDED UNDER THIS POLICY l....ICc.tl.-WctLeJ. Jlet1l.::11 ,-,t:::nl\J\._H.'t. IIIL. , 'l80 15-000-0 OTHER INSURANCE ENOORSEMEN'f The insurance afforded by this policy is not intended to covers and does not covers any claim which is covered under any other liability insurance policys other than another Liquor Liability Policy, held by or which applies to the Insured, or which would be covered under such other policy but for the exhaustion of the limits of liability of such policy. The "Other Insurance" referred to in Section 6 of this policy (Other Insurance) means only another Liquor Liability Insurance policy held by or which applies to the Insured. LIr-2 (5/86) , , LIQUOR LIABILITY INSURANCE - CLAIMS MADE BASIS THIS IS A CLAIMS MADE POLICY. READ YOUR POLICY CAREFULLY. In consideration of the payment of the premium and In reliance upon the statements In Ihe declarations made a part hereol and subject to all 01 the terms 01 this polley, the company agrees with the named Insured as lollows: I. COVERAGE - LIQUOR LIABILITY The company will pay on behall 01 the insured all sums which Ihe Insured shall become legally obligaled to pay as compensatory damages (excluding punitive damages) because of injury to which this insurance applies, suslained by any person if such liabilily is imposed upon the Insured by reason 01 Ihe selling. serving or giving of any alcoholic beverage at or from the Insured premises, provided the injury occurs alter the retroactive date shown in the policy declarations and provided that the claim is lirst made during the policy period and that written notice of the claim is lurnished by the Insured to the company during the policy period. The company shall have the right and duty to defend any suit against the Insured seeking such damages, even il any 01 the allegations of the suit are groundless, lalse or Iraudulent, and may make such investigation and settlement of any claim or suit as it rteems expedient. but the company shall not be obligated to pay any claim or judgment or to delend any suit alter the IIpplicablll limit ollha company's liability has been exhausted by payment 01 judgmenls or setllements. Exclusions. This insurance does not apply: a) to any obligation lor which the Insured or any carrier as his insurer may be held liable under any workers' compensation, occupational disease, unemployment compensation or disability benelits law. or under any similar law; b) to bodily Injury to any employee 01 the Insured arising out 01 and in the course of his employment by the Insured or to any obligation 01 the Insured to indemnily or contribute with another because 01 damages arising out 01 such injury; c) to injury arising out 01 any alcoholic beverage sold. served or given by the Insured while any license therefor, required by law, is suspended or alter such license has expired or has been cancelled or revoked; d) to bodily Injury or property damage arising out 01 the named Insured's products or reliance upon a representation or warranty marte at any time with respect thereto. but this exclusion does not apply to bodily Injury or property damage lor which the Insured or his indemnitee may be held liable if such liability is imposed: (1) ily, or because 01 the violation 01, any statute, ordinance or regulation pmtaininq to the sale, gift, distribution or use 01 any alcoholic beverage, or (2) by reason of the selling. serving or giving 01 any alcoholic beverage to a minor or to a person under the influence 01 alcohol or which causes or contributes to the intoxication 01 any person. e) to bodily Injury or property damage arising out of the discharge. dispersal, release or escape 01 smoke. vapors. soot, lumes, acids, alkalis, toxic chemicals. liquids or gases. waste materials. or other irritants. contaminants or pollutants into or upon land, the atmosphere, space or any water course or body 01 water; I) 10 any obligation or liability for punitive damages as herein defined II, PERSONS INSURED Each ollhe 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 and his spouse; b) il Ihe 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 thereol but only with respect to his liability as such: c) il the named insured is designated in the declarations as other than lln individual, pllrtnership or joint venture. the organization so designated and any executive officer, director or stockholder thereof while acting in the scope 01 his duties llS such. This insurance does not apply to injury arising out 01 the conduct 01 any partnership or joint venture of which the Insured is a partner or member and which is not designated in this policy as a named Insured. III. LIMITS OF LIABILITY Regardless 01 the number 01 Insureds under this insurance. the company's liability is limited as lollows: The limit 01 liability stated in the declarations as applicable 10 "each common cause" is the total liability 01 the company for all bodily Injury or property damage sustained by one or more persons as the result 01 the selling, serving or giving 01 any alcoholic beverages to anyone person. The limit 01 liability slated in the declarations as "annual aggregate" is the annuallirnit 01 the compllny's liability lor all damages arising Irom any and all claims to which this policy applies. Such annual aggregate limit shall apply to lllllnslIred premises combined II this policy is issued lor a period 01 less than one year. the "annual aggregate" limit Shllll apply to the actuallerm 01 the policy. II this pOlicy is issued for a period in excess 01 one year. a separate "annual aggregate" limit shall apply to each year of the policy or fraction thereol. IV. POLICY PERIOD, TERRITORY This insurance applies only to claims lirst made against the Insured and reported in writing to the company during the policy period shown in the declarations 01 this policy or such shorter periOd as will result in the event 01 cancellation or termination 01 the policy. provided always that the injury resulting in the claim occurred alter the retroactive date shown in the declarations. The obligation 01 the company hereunder shall apply only to occurrences taking place in and claims made or suits brought against the Insured in the United States 01 America. its territories and possessions and Canada, provided always thaI the occurrence, claim or suit arises directly out of the selling. serving or giving 01 any akoholic beverages to any person at or lrom the insured premises as delined herein. FORM LL-l (2/86) 1 of 4 V, DEFINITIONS , , When used in this policy (including endorsements forming a part hereof): "bodily Injury" means bodily injury, sickness or disease sustained by any person occurring after the retroactive date shown in the declarations, including death at any time resulting therefrom; "company" means those Syndicates of the Insurance Exchange 01 the Americas, Inc., participating in this insurance in accordance with the listing allached hereto; "compensatory damages" means all damages. including damages lor death, care. loss 01 services. loss 01 support, or loss 01 use 01 property. which are payable because of injury to which this insurance applies. but excluding punlllve damages as delined herein; "Insured premises" means: a) the premises designated in the declarations or by schedule allached hereto; and b) any premises specifically endorsed on to this policy for an additional charge. No premises shall be covered unless designated in the declarations or in a schedule allached hereto or unless endorsed on to the policy for an additional charge; "Insured" means any person or organization qualifying as an insured in the "Persons Insured" provision of the policy. The insurance afforded applies separately to each Insured against whom claim is made or suit is brought. except with respect to the limits 01 the company's liability; "named Insured" means the person or organization named in the declarations of this policy; "named Insured's products" means goods or products manulactured, sold, handled or distributed by the named Insured or by others trading under his name, including any container thereol (other than a vehicle), but "named Insured's products" shall not include a vending machine or any property other than such container rented to or located for use 01 others but not sold; "property damage" means (1) physical injury to or destruction 01 tangible property which occurs after the retroactive date shown in the declarations, including the loss 01 use thereof at any time resulting therelrom. or (2) loss 01 use 01 tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence after the retroactive date shown in the declarations: "punitive damages" means punitive and/or exemplary damages (including any multiplier 01 compensatory damages, statutory or otherwise). lines and penalties; "receipts" means the gross amount 01 money charged by the named Insured or by others on his behalf during the policy period lor the sale of alcoholic beverages. and of other beverages used in connection therewith. including taxes. except those taxes which the named Insured collects as a separate item and remits directly to a governmental division, for which accurate records are maintained apart from other receipts. VI, SUPPLEMENTARY PAYMENTS The company will pay, in addition to the applicable limit of liability: a) All expenses incurred by the company, all costs taxed against the Insured in any suit defended by the company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and belore the company has paid or tendered or deposited in court that part 01 the judgment which does not exceed the limit of the company's liability thereon; b) premiums on appeal bonds required in any such suit. premiums on bonds to release allachments in any such suit lor an amount not in excess of the applicable limit 01 liability of this policy. but the company shall have no obligation to apply lor or lurnish any such bonds; c) reasonable expenses incurred by the Insured at the company's requestln assisting the company in the investigation or delense of any claim or sllit, including actual loss 01 earnings not to exceed $50 per day. VII, CONDITIONS 1, Premium: All premiums for this policy shall be computed in accordance with the company's rules. rates, rating plans, premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in the declarations of this policy as "advance premium" is a deposit only which shall be credited to the accounl of the earned premium due at the end 01 the policy period. At the close 01 each period (or part thereof terminating with the end 01 the policy period) designated in the declarations as the audit period. the earned premium shall be computed for such period and, upon notice thereollo the named Insured, shall become due and payable. The advance premium is also the minimum premium lor an annual period 01 coverage, and regardless 01 the actual receipts 01 the named Insured the annual earned premium shall never be less than the advance premium In the event 01 early cancellation of this policy either by the named Insured or by the company, for any reason whatever. the earned premium lor the period of coverage shall never be less than lhat percentage 01 the advance premium set lorth in the declarations as "minimum earned premium in case of cancellalion". The named Insured shall maintain accurate records of such information as is necessary for premium computation. and shall send copies of such records to the company at the end of the policy period and at such other times during the policy period as the company may direct. 2. Inspecllon and Audit: The company shall be permiUed but not obligated to inspect the named Insured's property and operations at any time. Neither the company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking. on behalf 01 or lor the benefit of the named Insured or others. to determine or warrant that such property or operations are sale or healthlul. or are in compliance with any law, rule or regulation. The company may examine and audit the named Insured's books and records at any time during the policy period and extensions thereol and within three years after the linaltermination of this policy as lar as they relate to the subject mailer 01 this insurance. 3, Concealment and Fraud: This Policy is void if any Insured has intentionally concealed or misrepresented any materiallact or circumstance relating to this insurance, including. but not limited to. previous loss and claim history and estimated amount 01 receipts lor the sale 01 alcoholic beverages. 4, Insured's Dulles In the Event 01 Occurrence, Incident, Claim or Suit: a) In the event the Insured shall receive wrillen or oral notice from any party that it is the intention 01 such party to hold the Insured responsible lor the results of any injury done or alleged to have been done by the Insured, or the Insured shall become aware 01 any occurrence or incident which might subsequently give rise to claim being made against the Insured in respect of any such alleged injury, then the Insured shall give written notice to the company or any of its authorized representatives as soon as practicable, and in any event no later than the end 01 the policy period, or the end 01 the discovery period il applicable. Such notice shall contain particulars sullicient to identily the Insured and also reasonably obtainable Inlormatlon with respect to the time. place and circumstances of the occurrence or incident and the names and addresses 01 the injured and 01 available witnesses. 2 of 4 'b) The InsUnfd shall cooperate with the com ~ and, upon the company's request, assist in mak~ettlements. In the conduct 01 suits and in Mlorcing any right of contribution or indem~ against any person or organization who may be Ii~~~ the Insured because 01 injury or damage with respect to which insurance Is afforded under this polley; and the Insured shall attend hearings and trials and assist In securing and giving evidence and obtaining the attendance 01 witnesses. The Insured shall not. except at his own cost. voluntarily make any payment. assume any obligation or incur any expense in connection with any occurrence, incident. claim or suit. 5. Acllon Against Company: No action shall lie against the company unless. as a condition precedent thereto. there shall have been lull compliance with all of the terms 01 the policy. nor until the amount of the Insured's obligation to pay shall have been linally determined eilher by judgment against the Insured after actual trial or by written agreement 01 the Insured, the claimant and the company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the company as a party to any action against the Insured to determine the Insured's liability, nor shall the company be impleaded by the Insured or his legal representative. Bankruptcy or insolvency of the Insured or 01 the Insured's estate shall not relieve the company 01 any 01 its obligations hereunder. 6. Other Insurance: The insurance afforded by this policy is primary insurance. except when stilled in tho deciMations 01 the policy or hy enrlorsemenl attached hereto to apply in excess 01 or contingent upon the absence of other insurance When this insurance is primary and the Insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis. the amount 01 the company's liability under this policy shall not be reduced by the existence of such other insurance. Where both this insurance and the other insurance apply to the loss on the same basis, whether primary. excess or contingent, the company shall not be liable under this policy for a greater proportion 01 the loss than that stated in the applicable contribution provision below: a) Contrlbullon by Equal Shares: If all of such other valid and collectible insurance provides for contribution by equal shares, the company shall not he liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until Ihe share 01 each insurer equals the lowest applicable limit 01 liability under anyone policy or the lull amount of the loss is paid, and with respecl to any amount 01 loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amounl of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. b) Contribullon by Limits: If any 01 such other insurance does not provide for contribution by equal shares, the company shall not be liable lor a greater proportion 01 such loss than the applicable limit 01 liability under this pOlicy lor such loss bears to the total applicable limit 01 liability all valid and collectible insurance against such loss. 7. Subrogallon: In the event of any payment under this pOlicy. the company shall be subrogated to all the Insured's rights 01 recovery therelor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights. 8. Changes: Notice to any representative of the company or knowledge possessed by any such representative or by any other person shall not effect a waiver 01 or a change in any part 01 this policy nor stop the company Irom asserting any right under the terms of this policy; nor shall the terms 01 this policy be waived or changed except by endorsement issued to lorm part of this policy. 9. Assignment Assignment of interest under this policy shall not bind the company until its consent is endorsed hereon. 10. Cancellallon: This policy may be cancelled by the named Insured by surrender thereolto the company or any of its authorized representatives or by mailing to the company written notice stating when thereafter the cancellation shall be effective. This policy may be cancelled by the company by mailing to the named Insured at the address shown in this policy written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The date and time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery 01 such notice either hy the named Insured or by the company shall be equivalent to mailing. If the named Insured cancels. earned premium shall be computed in accordance with the customary short rate procedure. subject to the retention by the company of a minimum earned premium based on the percentage of the advance premium stated in the declarations. II the company cancels, earned premium shall be computed pro rata. subject to the retention by the company of a minimum earned premium based on the percentage 01 the advance premium stated in the declarations. Premium adjustment may be made either at the lime cancellation is effected or as soon as practicable aller cancellation becomes effective, but payment or tender 01 unearned premium is not a condition 01 cancellation. 11. Declarations: By acceptance 01 this policy. the named Insured agrees th1l1 the statements in the declarations are his agreements and representations. that the policy is issued in reliance upon the truth of sllch representations and that the policy embodies all agreements existing between himself and the company or any 01 its representatives relating to this insurance. 12. Discovery Period: II this policy is cancelled. or is not renewed. an automatic extension 01 coverage is granted as respects any claim or claims which may be made against the insured and reported in writing to the company during a period 01 sixty days after the date 01 cancellation or expiration of the policy. but only if the injury giving rise to the claim occurred alter the retrollctive date set lorlh in the declarations and prior to the effective date 01 cancellation or prior to the expiration date. This provision shall become inoperative in its entirety as 01 the effective date 01 any other policy issued by any insurer, including the company. providing the same or similar coverage. except to the extent that the limits 01 liability 01 this policy are higher than those 01 such other policy. in which case this provision shall remain in force but only as excess insurance over Ihe limits 01 liability ot such other insurance. In the event that this policy is extended in accordance with the terms of this provision. the company's total liability under this policy including the discovery periOd shall not exceed the limit of liability stated in the declarations as "annual aggregale". 13, Awareness Provision: II. during the policy periOd or discovery period: a) the Insured shall receive written or oral notice from any party that it is the intention of such party to hold the Insured responsible for the results of any injury done or alleged to have been done by the Insured; or b) the Insured shall become aware of any occurrence or incident which might subsequently give rise to claim being made against the Insured in respect of any such alleged injury; Then the Insured shall as soon as practicable. but in any event no later than the end 01 the policy period, or the end of the discovery period if applicable. give written notice to the company of the receipt by the Insured of such written or oral notice or of such occurrence or incident. Upon the company's receipt of such notice. any claim which may subsequently be made against the Insured arising out of such alleged injury shall lor the purposes 01 this policy be treated as a claim made during the policy period in which such notice was given or. if given during the discovery period, as a claim made during such discovery period. 30f4 , , NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) This endorsement applies to all provisions of the LIQUOR LIABILITY INSURANCE POLICY. !T !'!G~1~.t1t. I. This policy does not apply: A. Under any Liability Coverage, to bodily Injury or property damage (1) with respect to which an Insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada. or would be an insured under any such policy but lor its termination upon exhaustion 01 its limit 01 liability; or (2) resulting Irom the hazardous properties 01 nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 195<1 or llny law amendatory thereof. or (b) the. Insured is, or had Ihis policy not been issued, would be. entitled to indemnity from the United Slates 01 America. or any agency thereof, under any agreement entered into by the United States 01 America. or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage. or under any Supplementary Paymenls provision relating to first aid. to expenses incurred with respect to bodily Injury resulting Irom the hazardous properties 01 nuclear material and arising out of Ihe operation 01 a nuclear laclllty by any person or organization. C. Under any liability Coverage, to bodily injury or property damage resulting from the hazardous properties or nuclear material, if (1) the nuclear material (a) is at any nuclear lacillty owned by, or operated by or on behalf 01, an insured or (b) has been discharged or dispersed therelrom; (2) the nuclear malerial is contained in spent fuel or waste at any lime possessed, handled, used. processed. stored. transported or disposed 01 by or on behalf 01 an Insured; or (3) the bodily injury or property damage arises oul 01 the lurnishing by an Insured of services, materials, parts or equipment in connection with Ihe planning. construction. maintenance. operation or use 01 any nuclear facility, but il such lacility is located within the United States of America. its territories or possessions or Canada. this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this endorsement: "hazardous properties" include radioactive. toxic or explosive properties; "nuclear material" means source material, special nuclear material or by-product material; "source material", "special nuclear materia'" and "by-product material" have 'he meanings given them in the Alomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any luel element or luel component. solid or liquid. which has been used or exposed to radialion in a nuclear reactor; "waste" means any waste material (a) containing by-product material olher than the tailings or wastes produced by the extraction or concentration 01 uranium or thorium Irom any ore processed primarily lor its source material content, and (b) reslllting from the operation by any person or organization of any nuclear facility included under the lirsttwo paragraphs 01 the deli nit ion 01 nuclear lacility; "nuclear facility' means (a) any nuclear reactor, (b) any equipment or device designed or used lor (1) separating the isotopes 01 uranium or plutonium, (2) processing or utilizing spentluel, or (3) handling. processing or packaging waste, (c) any equipment or device.used for the processing. fabricaling or alloying 01 special nuclear material if at any lime the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists 01 or contains more than 25 grams 01 plutonium or uranium 233 or any combination thereol. or more than 250 grams 01 uranium 235, (d) any structure. basin, excavation, premises or place prepared or used lor the storage or disposal or waste, and includes the site on which any of the foregoing is located. all operations conducted on such site and all premises used for sllch opeffltions; "nuclear reactor" means any apparatus designed or used to sustain nuclear lission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "property damage" includes all lorms 01 radioactive contamination 01 property. 4014 , , I.E.A. CLf\IMS H1i~POH'nNG CI.^UBR Attached to lEA CON'l'RACT NUMBER 008015-000-0 issued by various underwri ting members of the Insurance ]r~xehanr,c of the Amer leas, lne. All notices of claims or losses as required l>y the terms and eondi tions of this contract, shall be directed by the insured to: MacDurf America, Inc. P.O. Box 427 Daytona Deach, FL 32015 and in writing to: Insurance F~chnnge of the Americas, Inc. 21.5 S.E. First Street Miami, FL 33131 *********************************************************************** 1~e following is the recognized, State of Florida, Domiciled Surplus Lines Agent . ~ , K MacDuff Underwriters, Inc. Robert Thomas III P.O. Box 1'27 Daytona Deach, Fl. 32015 Surp1ue Lines IJicense H 02501,1'1731-1.6 GE-04(0286) ".c"" , a..... '.' " T. This endorsement forms a part 01 the designated policy and applies, unless otherwise staled hereon. as of the effective time and date 01 such policy. Issued By Certain Syndicates of the Insurance Exchange OfJr--" the Ame ricas _:_ _ u r~--..'---'._~-------l. Policy No 008015-000-0 ---------------~/ Producer's Name and Address MacDuff America, Inc. P.O. Box 427 Daytona Beach, FL 32015 .- Producer's Code Effective 5-31-, 1986at12:0~~M Houl and Minute Named Insured and Address (Number and Street. Town or Cify. County and State) r Clearwater Beach Seafood, 37 Causeway Blvd. Clearwater, FL 33515 Inc. 1 ON ACCOUNT OF THE FOLLOWING THE ADDITIONAL PREMIUM IS S RETURN PREMIUM IS S 100.00 N/A L _I 1/ 1 In consideration of an additional premium of $100.00 and the mutual covenants contained in the policy, it is mutually agreed and declared that the following Additional Insured is covered but only as respects liability arising out of the operations of the Named Insured: City of Clearwater P.O. Box 4748 Clearwater, FL 33518 All other terms and conditions remain unchanged. America, Inc. Beach, FL s countersigned by a duly authorized representalive 01 the company. Countersigned by \ ir~ 17 I ( 1 t l, Printed in U.S.A lIAB 7251 SET C-p A P P Et-J D I :)< , . , CONTRACT. .NO. 00801.-0 INSURED OR REINSURED Clearwater Beach Seafood, Inc. -rh.. Insl'r'2~~rE;:7h<nr" r-' tt-'hT'-' ::E: j~; '.~:'~:~:::' ".;t 'r '-' .:.: " ..:+5" ;C~tl~.i5, First3tr-l!@c, Mla.ml, FlorIda, 33131, Issues this Contra.ct to the Insured or Reinsured in the name of and for the account of the underwriting members of the Exchange listed below for the percentage participation shovJn opposite each under~lJriting member"s designation. Each underwr it i ng member shall be 1 i abl e on 1 y for that percen tage of the 1 ass, damage, or liability which is cov'ered by this Contract. Each undeNl/riting member commits to individual and several liability and not to joint liability. The Exchange is not a party to this Contract and has no Liabil ity hereunder. This Contract is issued in accordance with the constitution and Bylaws of the Exchange and the rules promulgated thereunder, and is entitled to the benefits of the Insurance Exchange of the Americas Guaranty Fund, Inc. as defined and to the extent provided in the Constitution and Bylaws of the Exchange. This insurance is issued pursuant to the Florida Insurance Code, Section 629.401 and rates and for-msare not subJect to approval by the Florida Insurance Department. All terms and conditions are as per attached contract, pol icy, or certificate wording. The Insurance Exchange of the Americas, Inc. attests that it has issued this policy in accordance with instructions from its member syndicates pursuant to the terms and conditions of its rules and the attach@d schedules and endorsements. Sie(~~ on. behalf of t~e mem 'ers.bY 1 sur~lnct~c~ange O/f .;the mer... Icas, 1 nc. ! v ~../ \....\ '--- t.L'). I '---- / ~\~ /\ ~ Da te~,~ \ \ I , 0 \ \ \ '. \ \ \,J AUTHORIZED PARTICIPTING UNDERWRITING MEMBERS 1.0. PERCENTAGE NUt1BERS PART I C 1 PAT! ON \ 501212 4. 8500~~ \ 5'(7979 4.8500% ZP7980 4.8500:1. 804444 4 . 8500~.~ WF3101 28. 7000~~ PH8600 9. 0900~~ t1Y 1200 9.0900:1. INC. 858101 9.0800~~ JG4848 13.6400:1. PP1113 8.0000% US5592 3.0000:1. SYNDICATE ONE, INC. SYND I CATE TWO, 1 NC . SYNDICATE THREE, INC. SYNDI CATE FOUR, INC. W!fLPOE SYND 1 CATE, INC. B.G.H. SYNDICATE, INC. MIAMI SAVINGS INSURANCE SYNDICATE, INC. FIRST INTER-CONTINENT INSURANCE SYNDICATE, AMERICAN ROYAL SYNDICATE, INC. AIB SYNDI CATE, INC. USHER SYNDICATE, LTD. 1 0 O~~ THE ABOVE PARTI CI PAT I ONS REPRESENT 1 oo~~ OF TOTAL ACCEPTANCE BY UNDERWRT ING MEMBERS OF THE INSURANCE EXCHANGE OF THE AMERICAS, INC.