HomeMy WebLinkAbout780324.tiff RESOLUTION
RE: APPROVAL OF INSURANCE FOR PUBLIC OFFICIALS.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has been
presented a proposal which would provide insurance coverage for
the County of Weld for claims of negligent acts, errors and
omissions by public officials . The policy proposed would insure
up to $100, 000. 00 per claim and up to $1, 000, 000. 00 in the
aggregate per year. There is a deductible fee of $500. 00 for
each loss. Said policy would cover all Weld County officials,
employees and members of all Weld County boards and commissions
at a cost of approximately $8, 200 for the year 1978 , and
WHEREAS, after considering the presentation aforementioned,
the Board of County Commissioners deems it advisable and in the
best interest of Weld County to approve said insurance for public
officials.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the aforementioned
insurance coverage for public officials , be and hereby is, approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 18th day of
January, A.D. , 1978.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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County Attorney
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Date Presented: January 25 , 1978
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WIIVc. Ed Dunbar, Chairman Date January 1 ,av1 9/g.Ti D®vutvl
To
COLORADO From Tom Dority
Subject Insurance for Public Officials, Errors & Omissions
I have reviewed a proposed insurance policy to cover the County for claims of
negligent acts, and errors or omissions by Public Officials. Following the
insurance seminar in December and subsequent discussion with Tom David, I
believe it will be useful for the County to acquire such E & 0 insurance
coverage, for the following reasons :
1 . Although we may have some statuatory immunity as Government
Officials, we may also have some obligation to provide com-
pensation to citizens who are damaged by the errors or
yJ /� omissions of a County Official . Since we appear to be liable
r e only to the extent that we have insurance for these things,
j/ insurance would at least pay the citizen for any damages
9"1"--/
incurred.
2. Whether or not we have insurance, claims by citizens may
be brought against one of the County Officials. We would
likely incur some expenses for the defense of such a claim.
The proposed E & 0 insurance is designed, in part, to
pay for the legal defense of such claims even though we
may not have to pay any damages.
3. The coverage provided by such insurance could well create
a better environment for Weld County Officials to make
tough decisions, particularly for members of the various
boards and commissions. If a Commissioner is confident
that, except for his "willful and wanton act of negligience" ,
his defense costs and damages are insured, he is not so
likely to be reluctant to make tough decisions.
The policy proposed by Don Franks is with United Fire & Casualty Company of
Cedar Rapids , Iowa. It insurs up to $100,000 per claim and up to $1 ,000,000
in the aggregate per year. There is a deductible of $500 for each loss. The
policy would cover all County Officials , County Employees , and members of all
Boards and Commissions at a cost of approximately $8,200 for the year 1978.
I recommend that we proceed to acquire such an insurance policy. I have allowed
a sufficient amount in the 1978 General Fund, NonDepartmental expense to cover
this cost.
I am also evaluating some medical malpractice insurance for the Health Department
and for the Ambulance Service. It appears at first analysis that both these
policies will also be available to us at a cost which can be borne by the same
General Fund insurance account.
cc: All commissioners
UNITED FIRE & CASUALTY COMPANY Li CEDAR RAPIDS, IOWA
A STOCK COMPANY
Public Officials Errors and Omissions Policy Declarations
28- 005 740
Renewal of : New
Agent' s Name : Franks & Scott Co.
Agent' s Code: 02-1030
Item 1. Name and Address of Insured:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD
P.O. Box 758
Greeley, Colorado 80631
Item 2. Occupation of Insured: Political Subdivision
Item 3 . Policy Period: From Jan. 19, 1978 to Jan. 19, 1979
12 : 01 A.M. , Standard Time , at the address of the Insured
as stated herein.
Item 5. Limits of Liability :
$ 100, 000. Each Cla.i:
$ 1 , 000,000. Aggregate
Item 6. Deductible Amount:
$ 500.
Item 7 . Premium:
$ 8 ,170. 00 at inception F-RA' !;;L; ,.
(118 , 000) 1213 F;tII AVENUE
UND3071e GRUU_! :_Y, co.()`_ 130631
riviiI `E 356-5151
Authorized ,Representative
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Countersignature D to
1-30-78
EO-100-la (11-73) Coun rsigned At
•
A
ERRORS & OMISSIONS INSURANCE _
BLANKET COVERAGE
It is understood and agreed that the Insured shall include:
(1) any duly elected or appointed officer of the County named
in the declarations;
(2) his legally appointed deputies and employees ;
(3) the officials and employees of duly constituted County
Boards;
while acting within the scope of their duties, as such.
All other terms , conditions, limitations and agreements of the policy
remain unchanged.
This endorsement is executed by UNITED FIRE & CASUALTY COMPANY of
Cedar Rapids, Iowa.
Ia.., id
Secretary Pres ent
UND-3071e (11-68)
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Public Officials Errors and
Omissions Insurance
t!NITE1)FIRE ea-:4 suAlTYCOMPANYOCEI)AR11:A S,K)W1
FIRE INLAND MARINE AUTOMOBILE LIABILITY WORKMEN'S COMPENSATION
AUTOMOBILE PHYSICAL DAMAGE COMPREHENSIVE GENERAL LIABILITY
FARMER'S COMPREHENSIVE PERSONAL LIABILITY COMPREHENSIVE PERSONAL LIABILITY
COMPREHENSIVE AUTOMOBILE FIDELITY G SURETY BONDS BURGLARY INSURANCE
• GENERAL LIABILITY PLATE GLASS
READ CAREFULLY THE TERMS AND
CONDITIONS OF THIS POLICY
CONSULT YOUR AGENT FOR FULL INFORMATION
UNITED FIRE & CASUALTY COMPANY
fA sln(F company herein called the company)
In consideration of the payment of the premium, in reliance upon the statements in the
declarations made a part hereof and subject to the limits of liability, exclusions,
conditions and other terms of this policy , agrees with the insured named in the declar-
ations as follows :
INSURING AGREEMENTS
I . COVERAGE . To pay on behalf of the Insured all sums which the Insured shall be-
come legally obligated to pay on account of any claim made against the Insured
except as hereinafter limited and caused by any negligent act , error or omission
of the Insured or any other person for whose acts the Insured is legally liable
in the conduct of his duties as the public Official holding thy office shown in
the Declarations.
II . DEDUCTIBLE - CLAIMS . It is agreed that in the event• of a claim the deductible
amount shown above shall be deducted from the total amount resulting from each
claim, and the Company shall he liable only for the difference between such de-
ductible amount and the amount of insurance otherwise applicable to each claim.
Such deductible amount shall not apply to the Coverage provided under Insuring
Agreement III . •
It is further understood and agreed that in event of any claim irrespective of
the amount, notice thereof shall be given by or on behalf of the Insured to the
Company, or any of its authorized agents, in accordance with the tcrm;. of the
Policy and the Company may at its option, investigate such claim or negotiate
or settle any such claim, and the Insured agrees, if the Company undertakes to
negotiate or settle any such claim, to join the Company in such negotiation or
settlement to the extent of the amount to he deducted as herein provided, on to
reimburse the Company for such deductible amount. , if and when. such claim is paid
by the Company. - •
III . DEFENSE, SETTLEMENT, SUPPLEMENTARY PAYMENTS . As respects such insurance as , s
afforded by the other terms of the Policy , the Company shall , provided the
policy limit for the policy year involved has not been exhausted :
(A) Defend in his name and behalf any suit against the Insured alleging such
, negligent act, error or omission and seeking damages on account thereof ,
even if such suit is groundless, false er fraudulent ; but the Company shall
have the right to make such investigation and negotiation of any claim or
suit as may be deemed expedient. by the Company ;
(B) Pay all premiums on bonds to release attachments for an amount net in cxn('
of the applicable Limit of Liability el this Policy , all lu'eminmr, in l,pe.il
bonds required in any such defended suit. , but without .my ohligat ;en to
apply for or furnish such bonds , all costs taxed against the Insured in AL':
such suit, all expenses incurred by the Company, all interest accruing after
entry of judgment until the Company .has paid, tendered or deposited in court
such part of such judgment as does not exceed the Limit of the Company ' s
Liability thereon;
(C) Reimburse the Insured for all reasonable expenses, other than loss of
earnings, incurred at the Company ' s request;
(D) The Company agrees to pay the amounts incurred under this Insuring Agreement ,
except settlements of claims and suits, in addition to the applicable Limit
of Liability of this Policy..
IV . POLICY PERIOD, TERRITORY . This Policy applies to claims made , suits brought or
any .other legal action commenced during the Policy Period within the United
States of America ,. its territories or possessions, resulting from negligent acts ,
errors or omissions of the Insured.
V. DEFINITION OF "INSURED" . The unqualified word "Insured" wherever used, includes
not only the named Insured but also any legally appointed deputy or employee
thereof while acting within the scope of his duties.
EXCLUSIONS
•
THIS POLICY DOES NOT APPLYI
(A) To any dishonest , fraudulent , criminal or malicious act of the Insured or of
any employee of the Insured;
(B) To libel , slander, defamation of character, assault or battery;
(C) . To false arrest, detention or imprisonment or malicious prosecution;
(D) To bodily injury to or sickness, disease or death of any person, or to
injury to or destruction of any tangible property including loss of use
thereof;
(E) To claims based upon or arising out of any opinion or title on real estate
rendered or furnished by the Insured;
(F) To any loss sustained by the Insured as the beneficiary or distributee of
any trust. or estate;
(G) To liability for his acts or omissions of a professional nature other than
those arising out of his duties as the public official described in the
Declarations of this policy.
(H) To liability for any loss caused intentionally by or at the direction of
the Insured;
(I) To liability in connection with any claim made against the Insured based on
or attributable to any failure or omission on the part of the Insured to
effect or maintain insurance.
CONDITIONS-
1 . LIMIT OF LIABILITY
(A) The liability of the Company. for each claim shall be only for the amount of
loss that is in excess of the deductible amount stated in the Declarations ;
(B) The aggregate limit of liability stated in the Declarations is the Limit of
the Company' s Liability for all damages occurring during any one Policy year
arising out of negligent acts , errors or omissions of the Insured.
2. NOTICE OF CLAIM OR SUIT . As soon as practicable notice must be given the Company
on Insured receiving information as to his alleged negligent act , error or omissio
with full particulars of any claim arising therefrom. If suit. is brought the
Insured must immediately forward to the Company every summons or other process
received by him.
3. ASSISTANCE AND COOPERATION nF 1H1 INSl1RID, The Insured shall cooperate with the
Company and, upon the Company ' s request shall attend hearings and trials and shall
assist in effecting settlenvnts, securing and giving evidence, obtaining the
attendance of witnesses and in the conduct of suits . The Insured shall not , ex-
cept at his own cost , voluntarily make any payment , assume any obligation or incur
any expense.
4. ACTION AGAINST COMPANY .. No action shall lie against the Company unless , as a con-
dition precedent thereto, the Insured shall have fully complied with all the terms
of this policy, nor until the amount of the Insured' s obligation to pay shall have
been finally determined either by judgment against the Insured after actual trial
or by written agreement of the Insured, the Claimant and the Company.
• (-
Any person or organization or the legal representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under this
policy to the extent of , the insurance afforded by this policy. Nothing contained
in the Policy shall give any person or organization any right to join the Company
as a co-defendant in any action against the Insured to determine the Insured' s
Liability.
Bankruptcy or insolvency of the Insured or of the Insured's estate shall not re-
lieve the Company of any of its obligations hereunder.
5. OTHER INSURANCE . If the Insured or the political subdivision of which he is an
official has any other insurance against a loss covered by this Policy the insur-
ance provided by. this Policy shall be excess over all other valid and collectible
insurance.
G. SUBROGATION. In the event of any payment under this Policy, the Company shall be
subrogated to all the . Insured' s rights of recovery therefor against. any person or
organization and the Insured shall execute and deliver instruments and papers and
do whatever else is necessary to secure such rights. The Insured shall do nothing
after loss to prejudice such rights.
7. CHANGES . Notice to any agent or knowledge possessed by any agent or by any other
person shall not effect a waiver or a change in any part of this Policy or stop the
Company from asserting any right under the terms of this Policy; nor shall the
terms of this Policy be waived or changed, except by endorsement issued to form a
part of this Policy, signed by the President, Vice President, or Secretary of the
Company.
8. NON-ASSIGNABLE . The interest of the Insured under this Policy shall not he assign-
able to any other person.
9. CANCELLATION. This Policy may be canceled by the Named Insured by 'surrender there-
of to the Company or any of its authorized agents, or by mailing to the Company
written notice stating when thereafter the cancellation shall be effective. The
mailing of notice as aforesaid shall be sufficient proof of notice. The time of
surrender , or the effective date and hour of cancellation stated in the notice
shall become the end of the policy period.. Delivery of .such written notice either
by the Named Insured or by the Company shall be equivalent to mailing.
If the Named Insured cancels, earned premium shall be computed in accordance with
the customary short rate table and procedure. If the Company cancels, earned
premium shall be computed pro-rata . In either event, if at the time of cancel-
lation the aggregate limit of liability for the policy year involved has been ex-
hausted, the entire premium shall be considered earned. Premium adjustments may
be made either at the time cancellation is effected or as soon as practicable after
cancellation becomes effective, but payment or tender of unearned premium is not a
condition of cancellation.
10. SEVERABILITY OF INTEREST CLAUSE . The insurance afforded under this Policy applies
separately to each insured against whom claim is made or suit is brought, but the
inclusion herein of more than one insured shall not operate to increase the limit
of liability stated in the Declarations for this Policy.
11. TERMS OF POLICY CONFORMED TO STATUTE . Terms of this Policy which are in conflict
with- the statutes of the State wherein this Policy is issued are hereby amended to
conform to such statutes.
12. APPLICATION. By acceptance of this Policy the Insured agrees that the statements
in the Application are his representations, that this Policy is issued in reliance
upon the truth of such representations and that this Policy embodies all agreements
existing between himself and the Company or any of its agents relating to this
insurance.
IN WITNESS WHEREOF, the UNITED EIRE G CASUALTY COMPANY has caused this Policy to be
signed by its President and Secretary at Cedar Rapids, Iowa, and countersigned on the
Declarations page by a duly authorized agent of the Company.
' • 442:4
L, Secretary < /reside nt
EO-100-1 .5-72
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