§ 8-06 Indemnification and Insurance.
RCNY § 8-06
(a)In connection with operations performed by or on behalf of the permittee under a Premiere Permit, the permittee must (i) protect persons and property from damage, loss, or injury (including death) and (ii) defend, indemnify, and hold harmless the City, including its officials and employees, to the fullest extent permitted by law, from all claims, losses, and expenses, including attorneys’ fees.
(b)A permittee must maintain, during the entire course of its operations, commercial general liability insurance that (1) has a limit of at least one million dollars ($1,000,000) per occurrence; provided, however, that the Film Office may require a higher minimum limit of insurance based on the risk of bodily injury, property damage, or both arising from factors including, but not limited to, the projected attendance, the location of the activity, and the nature of the activity; (2) provides coverage at least as broad as provided by the most recently issued Insurance Services Office (ISO) form CG 00 01; (3) is occurrence based (not claims-made); (4) includes a policy provision or endorsement covering the City of New York, including its officials and employees, as an additional insured with coverage at least as broad as coverage provided by ISO form CG 20 26 or ISO form CG 20 12; and (5) is issued by a company that may lawfully issue the policy and has an A.M. Best rating of at least A-/VII, a Standard and Poor’s rating of at least A, a Moody’s Investors Service rating of at least A3, a Fitch Ratings rating of at least A-, or a similar rating by any other nationally recognized statistical organization acceptable to the City.
(c)A sponsor or applicant must provide proof of such insurance prior to the issuance of a Premiere Permit by submitting a Certificate of Insurance in a form acceptable to the Commissioner certifying compliance with the foregoing requirements, accompanied by a duly executed Certification by Broker or Agent in the form required by the New York City Law Department and the specific endorsement or policy language by which the City of New York, including its officials and employees, has been made an Additional Insured.
(d)Acceptance by the Commissioner of any purported proof of insurance shall not be deemed to constitute a waiver of the permittee’s obligation to ensure that insurance fully consistent with these requirements is maintained, and the permittee shall be liable to the City of New York, including its officials and employees, for any failure to do so. (Added City Record 12/1/2023, eff. 12/31/2023)
