(A) Required coverage and limits. Each wireless provider occupying the right-of-way with a small wireless facility shall secure and maintain the liability insurance policies specified by the village insuring it as a named insured and naming the village and its elected and appointed officers, agents, contractors, and employees as additional non-contributory insureds on the policies. The wireless provider shall provide the village with any and all information necessary to establish coverage including any definitions, limitations or endorsements related to additional insureds. The wireless provider’s insurance shall be primary, and any village policies of insurance shall be deemed non-contributory.
(B) Copies required. Each wireless provider shall provide certification of insurance reflecting the requirements of this section to the village within ten days following receipt of a written request from the village.
(C) Maintenance and renewal of required coverage.
(1) The insurance policies required by this section shall contain the following endorsement “It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew by stated until 30 days after receipt by the village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Clerk of such intent to cancel or not to renew.”
(2) Within ten days after receipt of the village of said notice, and in no event later than ten days prior to said cancellation, the wireless provider shall obtain and furnish to the village evidence of replacement insurance policies meeting the requirements of this section. In the event that the wireless provider fails to obtain or produce evidence of said replacement insurance, any permits issued pursuant to this chapter shall, without further notice, be null and void.
(D) Self-insurance. A wireless provider may self-insure all or a portion of the insurance coverage and limit requirements required by subsection a. of this section. A wireless provider that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under division (A) of this section or the requirements of Divisions (B), (C), and (D) of this section. A wireless provider that elects to self-insure shall provide to the village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit required under subsection a. of this section, such as evidence that the wireless provider is a “private self-insurer” under the Illinois Workers’ Compensation Act. Self-insurance shall be primary, and any village policies of insurance shall be deemed non-contributory.
(E) Effect of insurance and self-insurance on wireless provider’s liability. The legal liability of the wireless provider to the village and any person for any matters that are the subject of insurance policies or self-insurance required by this section shall not be limited by such insurance policies, self-insurance or by the recovery of any amounts therefor.
(F) A wireless provider shall make certain that all supplements are covered by the insurance required by this section.
(Ord. 2018-12, passed 7-24-2018)