Title 5 - Business Licenses and Regulations

5.51.100 Insurance Required.

1. A.
   At the time of application for a permit required by this chapter, the applicant shall file with the City Code Administrator a copy of the Certificate(s) of Insurance provided by the Code Administrator, approved by the City Attorney, and issued by a reputable insurance company currently authorized to do business in the State of Kansas and maintaining a Best policyholder rating of B+ or better and a Best's financial rating of Class VIII or better. The Certificate or Certificates shall evidence current insurance of the owner and operator conditioned for the payment of all claims stemming from injury to persons or damage to property arising out of an act or omission of the owner, operator, their agents, employees or independent contractors resulting from the drilling or production of the proposed well or any structure, machinery, equipment, pipeline, or appurtenances used therewith, in a minimum amount of Five Million Dollars ($5,000,000) of comprehensive general liability and One Million Dollars ($1,000,000) of automobile liability. The owner and operator must each provide proof of insurance in the minimum amount outlined above but may do so by providing either individual policies or by being named as an additional insured on the policy of the other.
   The policies and Certificate shall name the drilling company, owner, operator, including their agents and employees, and the City of Overland Park, Kansas, as an additional insured and shall provide that 30 days' advance written notice be filed with the Code Administrator prior to any change in or cancellation of the policies of insurance. The general liability insurance shall be written in comprehensive form and shall include coverage for premises-operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, independent contractors, person injury, underground equipment and resources, blowout and cratering hazard, and contamination or pollution hazard when sudden and accidental. The automobile liability shall be written in comprehensive form and shall include coverage for owned, hired, and non-owned vehicles.
2. B.
   The permittee, upon receipt of notice of any claim in connection with any of his operations, shall promptly notify the Code Administrator with full details thereof including an estimate of the amount of loss or liability. The permittee shall promptly notify the Code Administrator of any impairment or reduction of primary or umbrella coverage in excess of $10,000 whether or not such impairment of liability came about as the result of operations within the City of Overland Park. In the event, after notice of loss, if the Code Administrator shall determine that the permittee's aggregate umbrella or primary coverage has been impaired of reduced to such an extent that the Code Administrator shall determine such limits inadequate for the balance of the permit term, the permittee shall upon the notice from the City promptly reinstate the original limits liability required hereunder and shall furnish evidence thereof to the Code Administrator in a form satisfactory to him.
3. C.
   Worker's Compensation and Employers' Liability insurance shall be provided to protect permittee against all claims under applicable state workers' compensation laws. The permittee shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of the workers' compensation law. The policy shall include the broad form all states endorsement. Liability limits shall not be less than the following:
   
   Workers' Compensation:
   Statutory Employers' Liability; $100,000 each accident.

(History: Ord. OG-1165 §10, 82)

Effective on: 1/1/1901