HomeMy WebLinkAboutTM-65-80 TM--65-80
TO: His Worship the Mayor and Members of Council
FROM: A. C. Guiles, `lawn Manager
DATE: December 8th, 1980
SUBJECT: Resolution #CS-163-80
"THAT Report AIM-56-80 relative to
Insurance for Volunteer firman in their
own vehicles responding to a fire call be
received for information and the section of
the Town's insurance policy covering this
matter be quoted to Council."
In response to the request in Resolution #CS-163-80 we have attached
-the section of the liability insurance policy which implements the
provisions of lay-Law ##80-111 which was passed by Council on Septenber
22nd, 1980.
Recamendation: Receive for information.
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C'orl>orat.ion of the T(mn of Newcastle
f;y-Iatw IM-111
A by-law to assume the liability of Members of Council ,
Officers, lihiployees, and Volunteers for (lambs arising out
of the use of their attkvlobiles while on Municipal husinc;ss.
1VI EREAS members of Council, officer:;, person,; (ynployed by the Tower of
Newcastle, rind persons volunteering Lo tiss i st in Municipal act i v i L i es are
sometimes called upon by the Tower of Newcastle to use a motor vehicle with-
in the scope of their duties;
AND WHEUAS these persons may not have any insurance coverage, or such
insurance coverage as they may have may not cover a liability imlxosed by
Law upon them resulting from bodily injury to or death of any parson or
damage to property arising directly from the use or operaLion of any
automobile not owned in whole or in part by or licenced in the name or the
Town or Newcastle, of where the in:-;urouce coverage of the (rliployee, Volunteer,
or mcrr>l:>or of Council which does in fact cover the said liability imposed by
law for bodily injury to or death of any person or damage Lo pr•opefty, may
not: he adedua Le ill amount to meet. any judgcm(�n L nga i nsL the,-;e per—sons;
'TIlhlf MIn--, be it enacted that the 'Town or Newcastle tt~ssrutxe the liability
imposed by l aw ulx)n each and every one o r i t.s III(Illhers o r Counc.i 1 , ernpl oye(;s,
(W vol till t,('(', for IHX11 1 i ill"1), to or deal h of any person or d;till;tl.,e Lo
pnjxwLy ,wising directly from the use or operatiotr by such persons acting
within their scope of duties with the 'Power of Newcastle, where Lhe automobile
is not owned in whole or in part; by or 1icenced in the name of the Town of
Newcastle.
IIROVIDI,D that the 'Town or Newcastle assumption of l iabi li ty as set out, above
in all circumstances is applicable only where:
(a) the member of the Council, officer, employee or volunteer does not
have insurance for the above said liabil..ity; or
(b) the said liability set out herein is not covered by insurance
which they have in Vivo; or
(c) there is an (xcess of a jlidgcyruonL over Hie alnount covered by their
personal i nsIlrmic.e with respect. to the said liability,, in which
case the 'town of Newcastle shall he responsible only for Lite excess
of the judgement provided always that the 'Town of Newcastle
liability shall in no event exceed $3,000,000. for damages for
any one occurrence or accident, or series of occurrences or
, i den Ls resu I t,i ng (,0111 one c;tuse.
WIM) n first., se(xmul and third time, and finally passed
this - 22nd day of —_SCTt_CIlIh0r
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M,Lyo r
SEAI, r1(t•
XN77IAGUl)AL ►,►All►1,1'►'Y ENI IUsFA.,w.
(oe altochrornl only to It Nnn'r,"ncd h-cy S 1',1', No, (i)
lu cow'idc,; lion of n p,cu,iun, of $ :!'M•00
it h, uu,l , lo'',I ,nnl n} n, III 1 rac In.ii ;i (c) of the In,ntinf;
A{'n ruuv,t of tl,r polo}• to "UT li,s (udo,sc nu'ut is ti, ,c,.i I n, folloYt:,:
(c) For any liability y,tu,nrcl by wry person insowd by Ihiti policy Y'oionl:oily un,Lv any co),I,n,t or ul;,r(•{{r,ul utl,,r Uou)
tlwsc sl.,tcd below;
1)alc(s) of conhnct(c) Noncc(%) of olln c cunl,•ulin}; pn,ly or po,lic%
Sr pLumbpr 5, 1980 Councl I lol s, (If I it in I:;, Employees and
Volunteers of tbc' In::nrud by a Resolution
pertninin)', only to Ibc' Ilnbillty rlr &Q,
out. of I IW u;;r' or of,pr,lt ion of their
out c,mob i los un I he hll!; Ines of I Ill. [1)"Ilrefl.
1•:xccpt as otlu'rN%isc provided ill thu cndorscnmvnt, all limit~, t,'nns, concliGoIlN, plmi.,ionti,d,finitiowi ,n,'l rx<ln.inos of 0m policy
0Lall ba%r (cell force and dice(.
Attic)wd to and fonnIg hart of 1'oifc•y to, 15 98 ph of
'I'bc, Cur)r,,ntop Conipany
of Mall) Ati-ric;)
k..Ilyd to CORPOPIAT ION M., '1'111! 'l't)WN OF NEUCAS'I I
I lin c od,wt Im III shill III. c(fccli%c f,cnn SFIT'I'EMI"FRI `i i 1)
' I:',(II n in, Sl:nc,l:ud'i'Im,•.
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