Sec. 380.217. - Insurance.

(a) Each person subject to Section 380.216 shall carry at his own expense a comprehensive automobile and general liability insurance policy issued by an insurance company authorized to write liability insurance in this State having a B rating or better from Alfred M. Best Company, and possessed of a certificate duly issued by the State Insurance Commissioner or some other officer as may from time to time be designated by the laws of the State, in an amount of not less than $100,000 for each person for bodily injury, sickness or disease, including death resulting therefrom, $300,000 for each occurrence and $25,000 for all property damages in any one occurrence for each vehicle owned, operated, driven or controlled by the garbage collection service, which vehicle is being utilized for the collection of refuse, and all operations necessary or incidental to the operation of the business. The policy may be in the form of a separate policy covering all vehicles operated by the garbage collection service in furtherance of waste collection, in which latter event the policy shall provide insurance on each vehicle in the amounts required in this subsection. The policy or policies shall include an endorsement to the effect that it or they cannot be cancelled for any cause without notice of cancellation being served upon the Director of Solid Waste and Resource Management and the Office of General Counsel at least 30 days prior to the date of cancellation. The policy or policies shall be in the generally accepted form used in this State by liability insurance companies for public liability policies and shall further provide that the insolvency or bankruptcy of the assured shall not relieve the company from the payment of damage for injuries or death sustained or loss occasioned within the provisions of the policy and that the prepayment of any judgment that may be recovered against the assured upon any claims covered by the policy shall not be a condition precedent to a right of action against a company upon the policy, but that the company shall be bound to the extent of its liability under the policy, and shall pay and satisfy the judgment by the injured person, or his heirs or personal representative, as the case may be, to enforce the liability of the company as therein set forth. (b) At least 45 days before the expiration of an existing policy, a renewal policy shall be filed with the Director of Solid Waste and Resource Management, and the Office of General Counsel shall approve or reject the policy as to form and as to sufficiency. The filing of a policy shall not constitute compliance with this Section until the policy has been approved by the Office of General Counsel. The garbage collection service shall agree not to drive or operate any vehicle for the purpose of collection of garbage or solid waste until the policy covering it is approved. (c) If a policy is cancelled, the insurance company and the garbage collection service shall notify the Director of Solid Waste and Resource Management and the Office of General Counsel at least 30 days before cancellation. (d) Should an action for damage be brought against the City in connection with an accident or occurrence relating to garbage and rubbish collection, the disposal thereof or the operation of vehicles, the garbage collection service shall defend the action and will be liable for any judgment obtained and will save the City harmless therefrom. (Ord. 74-481-263, § 2; Ord. 76-728-373, § 6; Ord. 83-591-400, § 1) Note— Former § 616.117.