HomeMy WebLinkAbout000100.tiff THIS ,DECLARATION PAGE IS ATTACHED TO AND FORMS PART OF COVER NOTE PROVISIONS (FORM SL/COS/CN)
NUMBER I C
ITEM O
•
Name of Assured COLORADO COUNTIES, INC. CASUALTY AND PROPERTY POOL •
(PER ENDORSEMENT.#1)
1177 GRANT STREET •
-1 DENVER, CO 80203
2 EFFECTIVE 12:01 A.M. BOTH DAYS AT JULY 1, 1986 ' TO
FROM 0 12:00 NOON STANDARD TIME . JULY 1, 1987
INAME OF INSURERS AMOUNT OR PERCENT
Acting upon your instruction, we have I+
effected the insurance with:
3 •
•
•
AMOUNT • COVERAGE — RATE PREMIUM
•
AUDIT TOTAL CHARGED
• SPECIAL CONDITIONS
• 5
6
International Special Risk Services, Inc.
•
By
Eason Pnnung CO ChrcagO 100
IMPORTANT NOTICE TO THE ASSURED
SECTION II INSURING AGREEMENTS C, D AND E ARE ON A CLAIMS MADE BASIS
READ THIS POLICY CAREFULLY
COMBINED PROPERTY, CASUALTY AND CRIME INSURANCE
SECTION I PROPERTY INSURANCE
Agreement A Building & Contents .•i
Agreement B Automobile
SECTION U CASUALTY INSURANCE
Agreement C General Liability
Agreement D Host and/or Liquor Liability
Agreement E Automobile Liability
Agreement F Workers' Compensation and/or Employer's Liability
and/or Occupational Disease
SECTION III CRIME COVERAGE
Agreement G Money and Securities (within premises) -
Agreement H Money and Securities (outside premises)
Agreement I Commercial Blanket Bond
DECLARATIONS
ASSURED: COLORADO COUNTIES, INC. CASUALTY AND PROPERTY POOL
(PER ENDORSEMENT #1)
ADDRESS: 1177 GRANT STREET
DENVER, CO 80203
LIMITS OF LIABILITY: See Part I for Excess Loss Fund Protection Agreement.
See Part II for Specific Excess Agreement.
PREMIUM: Annual Premium SEE ENDORSEMENT #2 ATTACHED.
�/ 7V 7417TERM OF INSURANCE: Effective from /'�'6-ia BOTH DAYS at 12:01 A.M.
Standard Time at Assured's Address shown above.
RETROACTIVE DATE 7- /-. r'
(Applicable to
SECTION II Agreements
C, D & E)
0011/January '86 Page 1 of 23
PART I (EXCESS LOSS FUND PROTECTION AGREEMENT)
LIMITS OF LIABILITY: The Underwriters' Limits f�y under this Agreement shall be
only for the Excess of Loss over a loss fund of 0) ultimate net loss (hereinafter
referred to as Assured's Loss Fund).
As respects any one loss and/or accident or disease and/or claim(s) including suit(s) brought
in connection therewith the Assured's Loss Fund shall not be charged with
1) any amount in excess of /a COO Ultimate Net Loss as respects any one loss
and/or accident or disease and/or claim(s) including,.guit(s) brought in connection
therewith under Sections I, II or III or any combination thereof, or
2) the first SETl1J - of any loss arising under Section I (except Automobile
Comprehensive Perils) and Section III.
And then in excess of the above amounts up to Zattr/0OO Ultimate Net Loss in the
aggregate in any one period of insurance in respect of the Assured's Loss Fund.
LOSS FUND ADJUSTMENT: The amount of the Assured's Loss Fund applies to the first
period of insurance of this policy and is subject to review and change for each period of
insurance thereafter.
PART II (SPECIFIC EXCESS AGREEMENT)
LIMITS OF LIABILITY: The Underwriters' Limits of Liability under this Agreement shall be
only for the excess of loss over /5-,9 eon, ultimate net loss each and every loss and/or
accident or disease and/or claim(s) including suit(s) brought in connection therewith up to a
further 0Od ultimate net loss each and every loss and/or accident or disease and/or
claim(s) inc uding suit(s) brought in connection therewith, under Section I, II or III or any
combination thereof.
• GENERAL INSURANCE AGREEMENTS
I. PERIOD OF INSURANCE
The words "period of insurance" shall be understood to mean any one of the following
periods:
Period I - 7—/I 7-1-17
Period II -
Period III - AO 7- /
0011/January '86 Page 2 of 23
II. ' NAME OF ASSURED
It is agreed that the unqualified word "Assured" wherever used in this Insurance
includes not only the Named Assured but also -
1. any official, trustee or employee of the Named Assured while acting within the
scope of his duties as such, and any person, organization, trustee or estate to
whom the Named Assured is obligated by virtue of written contract or
agreement to provide insurance such as is offered by this Insurance, but only in
respect to operations by or on behalf of the Named Assured;
•
-. 2. under Section II Agreement E, any person while using an owned automobile or a
hired automobile and any person or organization legally responsible for the use
thereof, provided the actual use of the automobile is by the Named Assured or
• with his permission, and any official of the Named Assured with respect to the
use of non-owned automobile in the business of the Named Assured. This
Insurance with respect to any person or organization other than the Named
Assured does not apply;
(a) to any person or organization, or to any agent or employee thereof,
operating an automobile sales agency, repair shop, service station, storage
garage or public parking place, with respect to any accident arising out of
the operation thereof;
(b) to any employee with respect to injury to or sickness, disease or death of
another employee of the same employer injured in the course of such
employment in an accident arising out of the maintenance or use of the
automobile in the business of such employer;
(c) with respect to any hired automobile, to the owner or a lessee thereof,
other than the Named Assured, nor to any agent or employee of such
owner or lessee;
(d) with respect to any non-owned automobile, to any official or employee if
such automobile is owned by him or a member of the same household.
The inclusion hereunder of more than one Assured shall not operate to increase
Underwriters' Limits of Liability.
5a jig° —1 /fr ainadynot/-
0011/January '86 Page 3 of 23
IL NAME OF ASSURED
It is agreed that • /3 owns and/or operates Parishes, Schools,
Cemeteries and Other gencies un er specific Names, and it is the intention of this
Insurance to cover such Parishes, Schools, Cemeteries and Other Agencies or
directly connected organizations as Named Assureds.
It is agreed that the unqualified word "Assured" wherever used in this Insurance
includes not only the Named Assured but also - - -
•
1. any official, trustee or employee of the Named Assured while acting within
the scope of his duties as such, and any person, organization, trustee or estate
to whom the Named Assured is obligated by virtue of written contract or
agreement to provide insurance such as is offered by this Insurance, but only in
respect to operations by or on behalf of the Named Assured;
2. under Section II Agreement E, any person while using an owned automobile or
a hired automobile and any person or organization legally responsible for the
use thereof, provided the actual use of the automobile is by the Named
Assured or with his permission, and any official of the Named Assured with
respect to the use of non-owned automobile in the business of the Named
Assured. This Insurance with respect to anyperson or organization other than
the Named Assured does not apply;
(a) to any person or organization, or to any agent or employee thereof,
operating an automobile sales agency, repair shop, service station,
storage garage or public parking place, with respect to any accident
arising out of the operation thereof;
(b) to any employee with respect to injury to or sickness, disease or death of
another employee of the same employer injured in the course of such
employment in an accident arising out of the maintenance or use of the
automobile in the business of such employer;
(c) with respect to any hired automobile, to the owner or a lessee thereof,
other than the Named Assured, nor to any agent or employee of such
owner or lessee;
(d) with respect to any non-owned automobile, to any official or employee if
such automobile is owned by him or a member of the same household.
The inclusion hereunder of more than one Assured shall not operate to increase
Underwriters' Limits of Liability. _ -
0011 (9)/January '36
Page 3 of 23
III. TERRITORY
This Insurance applies Worldwide.
IV. In calculating the amount of Ultimate Net Loss under Part I (Excess Loss Fund
Protection Agreement) and Part II (Specific Excess Agreement), this Insurance is
deemed to have the following maximum limits which will apply for all purposes to the
Assured's Loss Fund and to the Specific Excess Agreement:
(a) .,500,ern in the aggregate annually as respects any Flood loss under
Section I.
(b) •gird �'t in the aggregate annually as respects any Earthquake loss
/ under Section I.
(c) See limits any one claim Extra Expense as defined.per attached
Endorsement No./
(d) any one claim including suit brought in connection
therewith, Combined Single Limit, Public
Liability/Property Damage under Section II Agreements
C, D and E, and in the aggregate annually IF
APPLICABLE, separately as respects said Public
Liability/Property Damage under Section II
Agreements C, D and E (being the difference between
$500,000 and ).
(e) / (A / any one claim including suit brought in connection
therewith, Combined Single Limit, Public
co" o Liability/Property Damage and in the aggregate annually
as respects Errors and Omissions and School Board
Liability provided by Endorsement No. 1 attached.
(f) /1/11- Uninsured Motorists.
(g) 5 CVO any one person as respects other than Automobile
• Medical Payments under Section II Agreement C.
(Coverages exclude payments to or for students).
(h) 3-coo
any one person as respects Automobile Medical Payments
under Section II Agreement E.
(i) ___./0,_ any one accident or disease under Section II, Agreement
F, Workers' Compensation and/or Employer's Liability
and/or Occupational Disease.
U) 154 WO each and every loss under Section III Agreement G.
(k) ./51; 000 each and every loss under Section III Agreement H.
(1) /St) 0OO each and every loss under Section III Agreement I.
In the event of the exhaustion of any above-mentioned aggregate limit(s), the Assured will
be liable for their applicable limit of liability detailed in PART I (EXCESS LOSS
PROTECTION AGREEMENT) and PART II (SPECIFIC EXCESS AGREEMENT) for any
further loss and/or claim(s) including suit(s) brought in connection therewith covered by this
Insurance.
0011/lanuary '86 Page 4 of 23
V. SERVICE ORGANIZATION
This Insurance is issued to the Assured on the express condition that the Assured
undertg a to utilize at all times the services of Gallagher Bassett Services, Inc
yer, use. This Service Organization shall perform the following duties
(a) Administer claims in accordance with accepted industry standards once notice
of a loss has been made to Gallagher Bassett Services, Inc.
Perform the notice and reporting requirements to the Underwriters under the
terms of this Agreement.
(b) Maintain accurate records of all reported claims and details incident to loss and
expense payments.
(c) Furnish loss prevention consulting services. Recommend loss control programs
for implementation by the assured and monitor loss prevention activities.
(d) Furnish monthly claims records on an approved form.
The acceptance of these services shall be a condition precedent to any liability which
may attach to the Underwriters in accordance with the terms and conditions of this
Insurance. •
—
SECTION I - PROPERTY INSURANCE
INSURING AGREEMENTS
AGREEMENT A - BUILDING AND CONTENTS: Underwriters agree, subject to the lim-
itations, terms and conditions of this Insurance, to indemnify the Assured for all risks of
physical loss or damage to All Real or Personal Property of every kind and description
wherever located occurring during the period of this Insurance.
AGREEMENT B - AUTOMOBILE: Underwriters agree, subject to the limitations, terms and
conditions of this Insurance, to indemnify the Assured for loss or damage to Automobiles
owned by the Assured or on which the Assured has an obligation to provide adequate
insurance, wherever located, against All Risks of Direct Physical Loss, including Collision
of the Automobile with another object.
0011/January '86 Page 5 of 23
SECTION I - DEFINITIONS
1. PROPERTY OF THE ASSURED: The term "Assured's Property" shall mean All
Real and Personal Property, including leasehold improvements or betterments
which the Assured owns, property which the Assured holds on consignments or
agrees to insure by any contractual agreement normal to its operations. •
. / .
' 2. AUTOMOBILE: The term "Automobile" shall mean any motor vehicle, trailer or
semi-trailer, including its equipment and any other equipment permanently
attached thereto. The word "Trailer" shall include semi-trailer.
3. ULTIMATE NET LOSS: The words "Ultimate Net Loss" in respect of this
Section shall be understood to mean the loss sustained by the Assured after
making deductions for all recoveries and salvages.
4. EARTHQUAKE: If more than one earthquake shock shall occur within any
period of seventy-two (72) hours during the term of this Insurance, such
earthquake shock shall be deemed to be a single earthquake within the meaning _
hereof.
SECTION I - EXCLUSIONS
WITH REGARD TO ALL PROPERTY, THIS INSURANCE DOES NOT INSURE AGAINST:
1. Loss by moth, vermin, termites or other insects; wear, tear or gradual
deterioration; rust, wet or dry rot or mould.
2. Loss or damage caused by
(a) Radioactive or fissionable material.
(b) Contamination, other than by (a) above, unless directly resulting from Fire
or Extended Coverage perils.
3. Loss resulting from loss of use (except such loss of use coverage as is afforded
under a Standard Automobile Policy in respect of Agreement B above), delay or
loss of markets.
4. Breakdown of machinery and/or boiler explosion, but not excluding loss resulting
therefrom.
5. Loss resulting from dampness of atmosphere or variation in temperature unless
caused by the perils of Fire and Extended Coverage.
6. Loss of electrical appliances or devices of any kind, including wiring, arising
from electrical injury or disturbance to the said electrical appliances or devices
or wiring from artificial causes unless fire or explosion ensues, and then only for
direct loss or damage caused by such ensuing fire or explosion.
0011/January '86 Page 6 of 23
•
WITH REGARD TO ALL REAL PROPERTY, THIS INSURANCE DOES NOT INSURE
_ ' AGAINST:
Loss by normal settling, normal shrinkage or normal expansion in foundations,
walls, floors or ceilings.
X
WITH REGARD TO PERSONAL PROPERTY, THIS INSURANCE DOES NOT INSURE
• AGAINST:
• 1. Loss by mechanical derangement, inherent vice or-latent defect. -
2. Loss resulting from processing or faulty workmanship, unless fire and/or
explosion ensues, and then only for direct loss or damage caused by such ensuing
fire or explosion.
3. Loss resulting from shrinkage, evaporation, loss of weight or leakage, unless
such loss is caused directly by fire or the combating thereof, lightning, wind-
storm, hail, explosion, strike, riot or civil commotion, aircraft, vehicles,
breakage of pipes or apparatus, sprinkler leakage, vandalism and malicious
mischief, theft or attempted theft.
4. Inventory shortage, mysterious disappearances or loss resulting from any kind of
infidelity or dishonesty on the part of the Assured or any of his employees,
except from the perils covered in Section III (Money and Securities - -Broad
Form) of this Insurance.
PROPERTY EXCLUDED FROM COVERAGE HEREUNDER:
Animals, aircraft, standing timber, growing crops, accounts, bills, currency,
money, notes, securities, deeds, evidences of debt, and valuable papers.
SECTION I - CONDITIONS
1. VALUATION: The Underwriters shall not be liable for loss or damage in excess
of:
A. (Real and Personal Property - other than automobile) - the cost to repair,
rebuild or replace the destroyed or damaged property in a condition equal
to but not superior to or more extensive than its condition when new. If
the Assured decides to replace destroyed or damaged property on another
site, cost of such site is not included hereunder.
It is not a requirement hereunder that the Assured repair, rebuild or
replace the destroyed or damaged property in order to collect for loss or
damage covered by this Insurance.
B. (Automobile) - the actual cash value of the automobile at the time of loss.
0011/January '86 Page 7 of 23
2. DEBRIS REMOVAL: " This Insurance covers the expense of removal from the
premises containing the property insured hereunder of debris remaining after
any loss hereby insured against, except that there shall be no liability assumed
for the expense of removal of any foundations.
3. REMOVAL CLAUSE: This Insurance covers the expense and damage occasioned
by removal from the premises endangered by the perils insured against wherever
such property is located or removed for preservation
4. . ARCHITECTS' FEES: This Insurance covers the additional assessment involving -
architects' fees for consultations arising front. losses resulting from an insured
peril. Fees are limited to seven percent (7%) of replacement cost •
5. APPRAISAL: In the event the Assured and Underwriters are unable to agree as
to the amount necessary to rebuild, repair or replace the damaged or destroyed
property or the actual amount of reimbursement to be paid, each party shall
name a competent and disinterested appraiser and the two so chosen shall,
before proceeding further, appoint a competent and disinterested umpire. The
appraisers together shall obtain reconstruction estimates, and calculate the
amounts of reimbursement due, and failing to agree, shall submit their
differences to the umpire.
The award, in writing, duly verified by any two shall determine the points in
question. Both parties shall pay the cost of their own appraisers and equally pro
rate the cost of the umpire. -.
6. CIVIL AUTHORITY CLAUSE: Notwithstanding anything contained in this
Insurance, property which is insured under this Insurance is also covered against
the risk of damage or destruction by civil authority during a conflagration and
for the purpose of retarding the same; provided that neither such conflagration
nor such damage or destruction is caused or contributed to by war, invasion,
revolution, rebellion, insurrection or other hostilities or warlike operations.
7. ORDINANCE DEFICIENCY CLAUSE: Notwithstanding anything contained
herein to the contrary, the Underwriters shall be liable also for the loss
occasioned by the enforcement, of any state or municipal law, ordinance or
code, which necessitates, in repairing or rebuilding, replacement of material to
meet such requirements. If demolition is required to comply with such
enforcement Underwriters shall also be liable for such additional costs.
8. EXPENSE TO REDUCE OR PREVENT LOSS: This Insurance also covers such
expenses as are necessarily incurred for the purpose of reducing or preventing
any loss under this Insurance not exceeding, however, the amount by which the
loss under this Insurance is thereby reduced.
0011/January '86 Page 8 of 23
SECTION II - CASUALTY INSURANCE
INSURING AGREEMENTS
AGREEMENT C - GENERAL LIABILITY: Underwriters hereby agree, subject to the
Definitions, Exclusions and Conditions hereunder mentioned, to indemnify the Assured for
Ultimate Net Loss by reason of the liability imposed upon the Assured by law or assumed by
the •Named Assured under contract or agreement, for damages direct or consequential in
respect of a Claim or Claims including suit or suits brought in connection therewith, made
against the Assured during the period of this Insurance and which arise solely by reason of
personal injury(ies), including death at any time resulting therefrom, suffered or alleged to
have been suffered by any person or persons (excepting employees of the Assured injured in '
the course of their employment) and/or damage to or destruction of property or the loss of
use thereof resulting from an Accident which occurs on or after the retroactive date set
out in the Declarations. "
•
AGREEMENT D - HOST AND/OR LIQUOR LIABILITY: In accordance with the provisions of the above Agreement C, the Underwriters agree that indemnity for the Assured extends
to liability for the sale or distribution of alcoholic beverages by reason of any local, state
or Federal Liquor control laws now in force and all laws amendatory thereto; and that such
extension includes indemnity for loss of means of support. _
AGREEMENT E - AUTOMOBILE LIABILITY: Underwriters hereby agree, subject to the
Definitions, Exclusions and Conditions hereunder mentioned, to indemnify the Assured for
Ultimate Net Loss by reason of the liability imposed upon the Assured by law or assumed by
the Named Assured under contract or agreement, for damages direct or consequential in
respect of a Claim or Claims including suit or suits brought in connection therewith made
against the Assured during the period of this Insurance solely by reason of personal
injury(ies), including death at any time resulting therefrom, suffered or alleged to have
been suffered by any person or persons (excepting employees of the Assured injured in the
course of their employment) and/or damage to or destruction of property or the loss of use
thereof, arising out of the ownership, maintenance or use of any automobile resulting from
an Accident which occurs on or after the retroactive date set out in the Declaration.
001 hianuary '86 Page 9 of 23
-
AGREEMENT F WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND OCCU
PATIONAL DISEASE
Coverage A - Workers' Compensation - The Underwriters hereby agree to pay promptly ;;
• when due all compensation and other benefits required of the Assured by the workers'
compensation law as a result of injury or death (1) by accident occurring during the period
of this Insurance, or (2) by disease caused or aggravated by exposure of which the last day
of the last exposure, in the employment of the Assured, to conditions causing the disease, -
occurs during the period of this Insurance. -
M_
Coverage B - Employer's Liability - The Underwriters hereby agree to pay on behalf of the ?:
Assured all sums which the Assured shall become legally 'obligated to pay as damages
because of personal injury or death by accident or disease, including death at any time
resulting therefrom,
(a) sustained in the United States of America, its territories or possessions, or
Canada by any employee of the Assured arising out of and in the course of
his/her employment by the Assured, or
(b) sustained while temporarily outside the United States of America, its territories
or possessions, or Canada by any employee of the Assured who is a citizen or
resident of the United States or Canada arising out of and in the course of
his/her employment by the Assured; but this insurance does not apply to any suit
brought in or any judgment rendered by any court outside the United States of
America, its territories or possessions, or Canada or to an action on such
judgment wherever brought,
as a result of injury or death (1) by accident occurring during the period of this Insurance,
or (2) by disease caused or aggravated by exposure of which the last day of the last
exposure, in the employment of the Assured, to conditions causing the disease, occurs
during the period of this Insurance.
SELF-INSURER'S STATUS: The Assured agrees to duly qualify as a self-insurer by
compliance with the provisions of the Workers' Compensation and/or Occupational Disease
Law respecting self-insurance in the State of and shall continue to maintain
said status throughout the period of this Insurance provided, however, Underwriters shall
not be relieved of their obligations hereunder because of a breach of this condition until (1)
�/ e Au w(2i hi Workers' Cmns
1c1 Occupational
ssured Diseasebecomes Liabilityins red or (2)ith the expirationrespet to ofs a period of thirtyo pe days afteration dateand/or of
the noti\f\
ce served upon the Assured by the Industrial Commission terminating his status as a
self-insurer, whichever occurs first.
If any employee is injured or dies while engaged in the business operations of the Assured
outside the State of , this Insurance shall apply to the Assured on account of
such injuries or death irrespective of whether such liability is greater than it would have
been had the injuries been sustained within the State of -
0011/January '86 Page 10 of 23
SECTION II - DEFINITIONS -
•
1. PERSONAL INJURIES The term "personal injuries," wherever used herein,
shall mean:
• (a) Bodily Injury, 'Mental Injury, Mental Anguish,`Shock, Sickness, Disease,
Disability, False Arrest, False Imprisonment,'Wrongful Eviction, Deten-
• tion, Malicious Prosecution, Discrimination, Humiliation, Invasion of Right
of Privacy, Libel, Slander or Defamation of Character; also Piracy and any
Infringement of Copyright or of Property,' Erroneous Erroneous Service of Civil
Papers, Violation of Civil Rights, Assault acrd Battery, and Disparagement
of Property.
(b) Injury(ies) arising out of the rendering of or failure to render Professional
medical services to any person or persons (other than employees of the
Assured injured during the course of their employment) by any duly
qualified medical practitioner, or nurse, or technician employed by or
acting on behalf of the Assured.
2. PROPERTY DAMAGE - The term "property damage," wherever used herein,
shall mean damage to or destruction or loss of property, excluding, however,
damage to property owned by the Named Assured, but including damage to
property of others in the care, custody or control of the Named Assured or
property which is purchased by the Named Assured under a contract .which
provides that the title remain with -the sellers until payments have been
completed, the liability of Underwriters being limited to the amount of
payments outstanding.
3. ACCIDENT - The term "accident" (EXCEPTING AGREEMENT F), wherever
used in this Policy, shall mean an event which occurs on or after the retroactive
date set out in the Declarations and which results in Personal Injury(ies) and/or
Property Damage; in which case the Personal Injury(ies) and/or Property
Damage, regardless of whether suffered by each individual person or each
individual entity, shall be treated as resulting from one Accident.
4. CLAIM - The term "claim(s)," wherever used in this Policy, shall mean any
information that may give rise to damages covered by this Policy, including
suit(s) brought in connection therewith, which the Assured becomes aware of
and provides written notice of the same to Gallagher Bassett Services, Inc.
5. ULTIMATE NET LOSS - The term "ultimate net loss" shall mean the total sum
which the Assured becomes obligated to pay by reason of personal injury or
property damage claims, either through adjudication or compromise, after
making proper deductions for all recoveries and salvages, and shall also include
hospital, medical and funeral charges and all sums paid as salaries, wages,
compensation, fees, charges and law costs, premiums on attachment or appeal
bonds, interest, expenses for doctors, lawyers, nurses and investigators and other
persons and for litigation, settlement, adjustment and investigation of claims
and suits which are paid as a consequence of any occurrence covered hereunder,
excluding only the salaries of the Named Assured's permanent employees. Fees,
charges and expenses for Gallagher Bassett Services, Inc. are specifically
excluded, and are to be paid by the Assured.
0011/January '86 Page 11 of 23
6. (a) WORKERS' COMPENSATION LAW Applicable to Insuring Agreement F -
The unqualified term "workers' compensation law" means the workers' compen-
sation law and any occupational disease law of the state designated in the
'SELF-INSURER'S STATUS', but does not include those provisions of any such
law which provide non-occupational disability benefits. -
•
:1
(b) STATE - The word "state" means any State or Territory of the United States
of America and the District of Columbia
(c) PERSONAL INJURY BY ACCIDENT; PERSONAL INJURY BY DISEASE -
The contraction of disease is not an accident within the meaning of the word
"accident" in the term "personal injury by accident" and only such disease as
results directly from a personal injury by accident is included within the term
"personal injury by accident". The term "personal injury by disease" includes
only such disease as is not included within the term "personal injury by
accident".
(d) ASSAULT AND BATTERY - Under Coverage B, assault and battery shall be
deemed an accident unless committed by or at the direction of the Assured.
SECTION II - EXCLUSIONS
US INSURANCE DOES NOT APPLY -
(a) to any Claim or Accident in respect of which the Assured either has given
written notice to the insurers of any other insurance before the inception date
set out in the Declarations or gives written notice of potential Claims where
such notice is treated by any insurers as received by such insurers before the
inception date set out in the declarations;
(b) to any Claim resulting from an event which occurred prior to the retroactive
date set out in the Declarations and which results in Personal lnjury(ies) and/or
Property Damage;
(c) to liability of any Assured for assault and battery committed by or at the
direction of such Assured except (i) liability for Personal Injury or Death
resulting from any act alleged to be assault and battery for the purpose of
preventing injury to persons or damage to property and (ii) liability arising out of
corporal punishment;
(d) except with respect to operations performed by independent contractors, to the
ownership maintenance or use, including loading or unloading of aircraft and
watercraft over 25 feet in length;
(e) to damage or destruction of property owned by the Assured;
0011/January '86 Page 12 of 23
(f) Applicable to Insuring Agreement F
(i) under Coverage B, to liability assumed by the Assured under any contract
or agreement, but this exclusion does not apply to a warranty that work -:
performed by or on behalf of the Assured will be done in a workmanlike
manner;
(ii) under Coverage B, with respect to any employee employed in violation of
_ law with the knowledge or acquiescence of the Assured or any executive
officer thereof; .
(iii) under Coverage B, to personal injury by'diFcase unless prior to thirty-six
- months after the end of the policy period written claim is made or suit is -
brought against the Assured for damages because of such injury or death .
resulting therefrom; -
(iv) under Coverage B, to any obligation for which the Assured or any carrier
as his insurer may be held liable under the workers' compensation or
occupational disease law of the state designated in the 'SELF-INSURER'S
STATUS', any other workers' compensation or liability benefits law, or
under any similar law.
SECTION II - CONDITIONS
1. CROSS LIABILITY: In the event of claims being made by reason of personal
injuries and/or property damage suffered by any employee of one Assured herein
for which another Assured herein is or may be liable, then this Insurance shall
cover such Assured against whom a claim is made or may be made in the same
manner as if separate policies had been issued to each Assured herein. Nothing
contained herein shall operate to increase the Underwriters' Limit of Liability as
set forth herein. The Underwriters agree to waive all rights of subrogation
against all or any of the corporations or individuals comprising the Assured.
+
2. NOTICE OF CLAIM: Notice must be given to b as soon as practicable
whenever the Assured has information from whic the Assured should reasonably
conclude that a Claim, covered under Section II of this Insurance, involves
injuries or damages.
3. NOTICE OF POTENTIAL CLAIMS: If 6B receive notification during
any PERIOD OF INSURANCE set out in GENERAL INSURANCE AGREEMENT
1, and up to 60 (sixty) days thereafter, of an Accident which occurs prior to the
expiration of any PERIOD OF INSURANCE set out in GENERAL INSURANCE
AGREEMENT I then Underwriters will treat any Claim made against the
As
or the expiring date of any PERIOD OF INSURANCE, whichever is
th earlier. - — -
0011/January '86 Page 13 of 23
NOTWITHSTANDING the aforementioned or n ing else contained herein to
the contrary, any notification received by IN EXCESS of 60 (sixty)
_ days after any PERIOD OF INSURANCE set out in GENERAL INSURANCE
AGREEMENT I of a combined loss involving any coverages in SECTION I, II or
III will render the Assured liable for their applicable limit of liability detailed in
PART II (SPECIFIC EXCESS AGREEMENT) separately for each coverage-arising
from said combined loss. Similarly, in the event Hof the foregoing the Assured
will also be liable for their applicable limit of liability detailed in PART I
• (EXCESS LOSS FUND PROTECTION AGREEMENT) for each applicable PERIOD
OF INSURANCE set out in GENERAL INSURANCE AGREEMENT I -
4. TERMS OF POLICY CONFORMED TO STATUTE: =Applicable -to Insuring
Agreement F - Under Coverage A the terms of this Policy which are in conflict
with the provisions of the workers' compensation law are hereby amended to
confirm to such law.
5. COMMUTATION: Applicable to Insuring Agreement F - Claims hereunder, not
finally settled, for weekly or periodical payment for compensation to employees
(or their dependents) as a result of death or injury shall be notified with full
particulars by the Assured to the Underwriters within two years from the
expiration date of this Insurance and the Underwriters may, if they so elect,
then or at any time thereafter submit one or more of such claims to an Actuary
or
Appraiser, to be mutually appointed by the Assured and the Underwriter's; and
the Underwriters shall at their option pay a lump sum to be fixed by the Actuary
or Appraiser, which payment shall constitute a full and final release of the
Underwriters' liability for such claim or claims, provided however that such
lump sum payment shall not constitute a full and final release of Underwriters'
liability if subsequent to such lump sum payment any supplemental award is
made increasing the amount of compensation benefits payable to the employee
or his/her dependents and that any additional claim may then be recommuted at
Underwriters' option and Underwriters may discharge any additional liability by
another lump sum payment.
SECTION III - CRIME INSURANCE
INSURING AGREEMENTS
AGREEMENT G - MONEY AND SECURITIES (COVERAGE WITHIN PREMISES):
Underwriters agree, subject to the limitations, terms and conditions of this Insurance, to
indemnify the Assured for all loss caused by reason of theft, burglary, robbery, kidnapping,
disappearance or destruction of any money or securities which may at any time be or
believed by the Assured to be in or upon any premises occupied or used by the Assured or by
any bank, trust company or safe deposit company. Such Insurance as is afforded by this
Insurance also applies to deposits within a night depository safe provided by a bank or trust
company on its premises for the use of its customers.
0011/lanuary '86 Page 14 of 23
Y
AGREEMENT H - MONEY AND SECURITIES (COVERAGE OUTSIDE PREMISES)
Underwriters agree, subject to the limitations, terms and conditions of this Insurance, to
indemnify the Assured for all loss caused by reason of the theft,'"robbery,'.kidnapping,
disappearance or destruction of any money or securities (other than by fraud or connivance
of the Assured's officers or employees) while in transit in the custody of,,the Assured's
officers or employees anywhere, the liability of the Underwriters"to commence tat the
moment when the person into whose hands the property 'may be delivered on behalf of the
Assured receives the same and to continue until delivery thereof at the final destination. .
AGREEMENT I COMMERCIAL BLANKET BOND:
Underwriters (hereinafter called "the Surety") agree, subject to the terms and conditions
set forth herein, to indemnify the Assured (hereinafter called "the Employer") against any
loss of Money or other property real or personal (including that part of any inventory
shortage which the Employer shall conclusively prove is caused by the dishonesty of any
Employee or Employees) belonging to the Employer or in which the Employer has a
pecuniary interest or for which the Employer is legally liable or held by the Employer in any
capacity, whether the Employer is legally liable therefor or not, which the Employer shall
during the term of this Insurance sustain or discover that they have sustained through
larceny, theft, embezzlement, forgery, misappropriation, wrongful abstraction, willful
misapplication or other fraudulent or dishonest act or acts committed by any one or more
of the Employees as defined, acting alone or in collusion with others.
SECTION III - DEFINITIONS
INSURING AGREEMENTS G AND H
1. MONEY: The term "Money" as used in this Insurance shall be deemed to mean
currency, coin, bank notes, uncancelled and precancelled postage and unused
postage in postage meters.
2. SECURITIES: The term "Securities" shall be deemed to mean Federal Food
Stamps, express, postal and bank money orders, postal notes, debentures, scrip,
checks, warrants, transfers, coupons, demand and time drafts, bills of exchange,
acceptances, promissory notes, certificates of deposits, certificates of stock,
bonds, car trust certificates, interim receipts and certificates, warehouse
receipts, bills of lading and all other instruments of a similar nature including
mortgages upon real estate or upon chattels and upon interests therein, and
assignments of such mortgages and instruments.
3. It is understood and agreed that this Insurance covers money and securities of
the Assured or as respects which the Assured is legally liable or held by it in any
capacity, whether or not the Assured is liable for the loss thereof. If legal
proceedings are taken against the Assured to enforce a claim for money and
securities so held, the Assured shall immediately notify the Underwriters in
writing.
0011/January '86 Page 15 of 23
.21
4. EMPLOYEES: .The term "Employees" shall mean not only persons compensated
by the Assured but also those directed by the Assured, and including those
independent contractors and/or services which may be considered as usually
performed by employees of the Assured.
5. THEFT: The term "Theft" shall include "trick and device"
6. ULTIMATE NET LOSS The words "ultimate net loss" in respect of this Section
shall be understood to mean the actual loss sustained by the Assured after
making deductions for all recoveries and salvages. `
<f..INSURING AGREEMENT I
1. EMPLOYER: The term "Employer" as used in this Insuring Agreement shall
mean the Assured named in the Declarations and as further defined in General
Insurance Agreement IL
2. EMPLOYEE OR EMPLOYEES: The terms "Employee" or "Employees" as used in
this Insuring Agreement shall be deemed to mean respectively one or more of
the natural persons who on the effective date of this Insurance or at any other
time during the term of this Insurance are in the regular service of the Employer
in the ordinary course of the Employer's business and who are compensated by
salary, wages and/or commission, and whom the Employer has the right to
govern and direct at all times in the performance of such service, but not to
mean brokers, factors, commission merchants, consignees, contractors or other
agents or representatives of the same general character.
SECTION D1 - EXCLUSIONS
THIS INSURANCE DOES NOT APPLY UNDER INSURING AGREEMENTS G AND H
(a) to any fraudulent, dishonest or criminal act other than robbery or safe
burglary or attempt thereat, committed by the Assured or by any officer,
employee (except Brinks or Armored Car Employees): trustee or
authorized representative of the Assured, whether acting alone or in
collusion with others.
(b) to forgery by whomsoever committed.
0011/January '86 Page 16 of 23
r.
SECTION III - CONDITIONS s
1
1. under INSURING AGREEMENTS G, H AND I '<' t.
Warranted free of all claims for losses not discovered within the term o_t
Insurance and for losses sustained and/or acts _committed prior-to '
(hereinafter called the "Retroactive Date") but with the understanding that in
the event of (a) the expiration of this Insurance by reason of non-renewal, or (b)
the termination of this Insurance as an entirety, as provided in General -
Condition 5, the Assured shall have twelve calendar months following the date
of such expiration or termination in which to disepver losses sustained between
the Retroactive Date and the date of such expiration or termination
Notwithstanding anything to the contrary contained herein it is understood and
agreed that in the event of this Insurance being immediately succeeded by a
similar Insurance with Underwriters at Lloyd's on which the Retroactive Date is
•
74-0; the said succeeding insurance shall be deemed to be a renewal
hereof and in consequence the discovery period provided herein shall not be
operative.
2. under INSURING AGREEMENT I
(a) Upon the discovery of any loss under this Insuring Agreement shall be
treated as reinstated so as at all times to continue in force for the sum set
forth herein notwithstanding any previous loss for which the Surety may
have paid or be liable to pay hereunder provided however that in no event
shall the Surety be liable under this Insurance for an amount greater than
the limits of liability stated on account of any one loss or series of losses
caused by the fraudulent or dishonest acts of any Employee or in which
such Employee is concerned or implicated.
(b) In case any reimbursement be obtained or recovery be made by the
Employer or by the Surety on account of any loss covered under this
Insurance, the net amount of such reimbursement or recovery, after
deducting the actual cost of obtaining or making the same, shall be applied
to reimburse the Employer in full for that part if any, of such loss in
excess of this Insurance, and the balance, if any, or the entire net
reimbursement or recovery if there be no such excess loss, shall be applied
to that part of such loss covered by this Insurance or, if payment shall
have been made by the Surety, to its reimbursement therefor. The
Employer shall execute all necessary papers and render all assistance not
pecuniary to secure unto the Surety the rights provided for in this
paragraph. The following shall not be reimbursement or recovery within
the meaning of this paragraph: suretyship, insurance or reinsurance; also
security or indemnity taken from any source by or for the benefit of the
Surety.
0011/January '86 Page 17 of 23
(c) This Insurance shall be deemed cancelled as to any Employee immediately
upon discovery by the Employer, of any fraudulent or dishonest act on the
part of such Employee; or at 12:01 A.M. Standard Time as aforesaid upon
the effective date specified in a written notice served upon the Employer
or sent by registered mail. Such date if the notice be served shall be not
less than fifteen days after such service, or if sent by registered mail, not
_ less than twenty days after the date borne by the sender's registry receipt
• (d) It is agreed that within the term "Employees" are various public officials
of the Named Assured who by law are required to be separately bonded. It
is further agreed that this Insurance shall apply as excess insurance and
then only after such legally required other insurance has been exhausted.,
SECTION IV - GENERAL CONDITIONS
1. PREMIUM PROVISION:
See Endorsement #2 Attached
2. SALVAGE AND RECOVERY CLAUSE:
All salvages, recoveries and payments recovered or received subsequent to a
loss settlement under this Insurance shall be applied as if recovered or received
prior to the said settlement and all necessary adjustments shall be made by the
parties hereto.
3. INSPECTIONS, AUDIT AND VERIFICATION OF VALUES:
The Underwriters or their duly authorized representatives shall be permitted at
all reasonable times during continuance of this Insurance to inspect the premises
used by the Assured and to examine the Assured's books or records so far as they
relate to coverage afforded by this Insurance.
4. RECORDS:
It is hereby understood and agreed that the records and books as kept by the
Assured shall be acceptable to Underwriters in determining the amount of loss
or damage covered hereunder.
5. DUE DILIGENCE CLAUSE:
The Assured shall use due diligence and do and concur in doing all things
reasonably practicable to avoid or diminish any loss of or damage to the
property herein insured.
0011/January '86 Page 18 of 23
r - 6. CANCELLATION - - ` -
This Insurance may be cancelled as of any anniversary date by either of the
•
parties upon written notice to the other party, provided said notice is issued at
least 97) days prior to the said anniversary. -
NOTWITHSTANDING the aforementioned to the contrary, in the event of non
•
payment of premium by the Assured, Underwriters will give 10 (ten) days notice
• of cancellation in writing to the Assured and all coverage will terminate 10
(ten) days after the mailing of such notice
In the event of cancellation under the aforementioned circiumstances the _Assured shall bear the full amount of the Loss Fund as stipulated in PART I
(EXCESS LOSS FUND PROTECTION AGREEMENT) 5 -
If the period of limitation relating to the giving of notice is prohibited or made
void by any law controlling the construction thereof, such period shall be
deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
7. EXTENDED CLAIMS MADE PERIOD:
In the event of cancellation mentioned in GENERAL CONDITION 6 then the
Assured, upon payment of an Additional Premium of not more than 100% of the
total expiring premium and at not more than 100% of the total expiring annual
Loss Fund, shall have the right to extend the period in which a Claim made
against the Assured after the expiring date of this Insurance for a period of 24
(twenty-four) months.
PROVIDED always that such Claim results from an Accident which occurred
prior to the date on which the extended claims made period began. In the event
of the Assured invoking the foregoing Underwriters aggregate limits of liability,
if any, as respects General Liability and Automobile Liability and their limit
excess of the Assured's Loss Fund will be reinstated and will apply in full to
claim(s) first made during the Extended Claims Made period.
8. CURRENCY:
The premium and losses under this Insurance ar able in United States
Currency. Payment of premium shall be made to 1 .
9. BANKRUPTCY AND INSOLVENCY:
In the event of the bankruptcy or insolvency of the Assured or any entity
comprising the Assured, the Underwriters shall not be relieved of the payment
of any claims hereunder because of such bankruptcy or insolvency.
10. OTHER INSURANCE:
• If the Assured has other Insurance against loss covered by this Insurance the
Underwriters shall be liable, under the terms of this Insurance, only as excess of
coverage provided by such other Insurance, and no monies payable or collectible
from such other Insurance shall accrue in the aggregate loss fund of this
Insurance.
0011/January '86 Page 19 of 23
11. MORTGAGE CLAUSE:
The interest of any mortgagor on property covered hereunder is included as if a
separate endorsement were attached hereto to the extent of the amount of
mortgage as of the date of loss subject to the limits of liability set forth in this
Insurance [; •'`
0011/January '86 Page 20 of 23
12. CLAIMS: (APPLICABLE TO SECTIONS 1 AND III ONLY) ''
The Assured shall immediately notify Underwriters through GB. by
registered mail, of any occurrence, the cost of which `is likely to result in
payment by Underwriters under this Insurance. Underwriters shall have the
opportunity to be associated with the Assured in defense of any claims, suits, or
;proceedings relative to an occurrence wherein the opinion of the Underwriters, •,
their liability under this Insurance is likely to be involved, in which case the •
- Assured and Underwriters shall cooperate to the mutual advantage of both.
13. . LOSS PAYMENTS:
When it has been determined that Underwriters are liable under this Insurance,
Underwriters shall thereafter promptly reimburse the Assured for all payments
made in excess of the amounts stated in PART I (EXCESS LOSS FUND
PROTECTION AGREEMENT) and PART II (SPECIFIC EXCESS AGREEMENT) of
the Limits Agreement. All •
adjusted claims shall be paid or made good to the Assured within thirty days
after their presentation to Arthur J. Gallagher & Co., and acceptance by
Underwriters of satisfactory proof of interest and loss.
14. APPEAL:
In the event the Assured and Underwriters are unable to agree to the
advisability of appealing a judgment, a disinterested attorney, mutually
agreeable to the Underwriters and the Assured, shall be retained and directed to
render a written opinion as to his recommendation concerning such appeal. Such
written recommendation shall be binding on both the Assured and Underwriters.
Fees of such retained attorney shall be borne equally by both parties for the
services of rendering his recommendation only. The Assured's portion of such
fee shall not accrue in the aggregate loss fund.
15. LITIGATION PROCEEDINGS:
No suit to recover on account of loss under this Insurance shall be brought until
ninety days after the proof of loss shall have been furnished, nor at all unless
commenced within twenty seven months from the date upon which loss
occurred, if such loss is within the knowledge of the Assured; if not, the twenty
seven months shall begin upon notice to the Assured to such loss or claim.
16. SUBROGATION:
The Underwriters shall be subrogated to all rights which the Assured may have
against any person or other entity in respect to any claim or payment made
under this Insurance, and the Assured shall execute all papers required by the
Underwriters and shall cooperate with the Underwriters to secure Underwriter's
rights. In case any reimbursement obtained or recovery made by the Assured or
the Underwriters on account of any loss covered by this Insurance, the net
amount of such reimbursement or recovery, after deducting the actual cost of
obtaining or making the same, shall be first applied in the following order:
0011/January '86 Page 21 of 23
(a) Amount of loss which exceeds the applicable limit of liability.
(b) To reduce the Underwriters' loss until the Underwriters are fully
reimbursed.
(c) To reduce the Assured's loss because of the application of the aggregate
loss fund. - .
• 17. WAIVER OF SUBROGATION:
This Insurance shall not be invalidated if the Assured by written agreement has
waived or shall waive its right of recovery from 'any party for loss or damage
covered hereunder; provided, that any such waiver is made prior to the
occurrence of said loss or damage.
18. CONFLICTING STATUTES:
In the event that any provision of this Insurance is unenforceable by the Assured
under the laws of any State or other jurisdiction wherein it is claimed that the
Assured is liable for any injury covered hereby because of non- compliance with
any statute thereof, then this policy shall be enforceable for the Assured with
the same effect as if it complied with such statutes.
19. ASSIGNMENT:
Assignment of interest under this Insurance shall not bind the Underwriters until
the Underwriters' consent is endorsed hereon.
20. CHANGES:
By acceptance of this Insurance the Assured agrees that it embodies all
agreements existing between the Assured and Underwriters or any of its agents
relating to this Insurance. None of the provisions, conditions or other terms of
this Insurance shall be waived or altered except by endorsement; nor shall notice
to any agent or knowledge possessed by any agent or by any other person be held
to effect a waiver or change in any part of this Insurance.
21. WAR CLAUSE:
Coverage does not apply under this Insurance for loss or damage directly or
indirectly occasioned by, happening through or in consequence of war, invasion,
acts of foreign enemies, any weapon of war employing atomic fission or
radioactive force whether in time of peace or war, hostilities (whether war be
declared or not), civil war, rebellion, revolution, insurrection, military or
usurped power, confiscation or nationalization or requisition or destruction of or
damage to property by or under the order of any government or public or local
authority unless such acts of destruction by order of civil authority is at the
time of and for the purpose of preventing spread of fire; or claims or liability
arising directly or indirectly from nuclear fission, nuclear fusion or radioactive
contamination.
22. FRAUDULENT CLAIMS:
If the Assured shall make any claim knowing the same to be false or fraudulent,
as regards amount or otherwise, this Insurance shall become void and all claim
hereunder shall be forfeited.
0011/January '86 Page 22 of 23
HEREON: OF 100% OF LIMITS AND PREMIUM
ATTACHING TO AND FORMING PART OF COVER NOTE NO. '
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
y .l .
By:
0011/January '86 Page 23 of 23
COLORADO COUNTIES, INC.
CASUALTY & PROPERTY POOL
ENDORSEMENT #1
NAME OF ASSURED
The unqualified word assured wherever used in the excess insurance policies
includes not only the named insured, but also:
Colorado Counties, Inc. Casualty and Property Pool (CAPP) including it's
Board of Directors, Officers, Employees, Agents, and all participating
Counties as members thereof including their elected and appointed
Officials, Trustees, Directors, Officers, Employees, and Volunteers,
individually and collectively, while acting within the scope of their duties
as such and any Person, Organization, Trustee or Estate to whom the
Named Assured is obligated by virtue of written contract or agreement to
provide insurance such as is offered by this insurance but only in respect to
operations by or on behalf of the Named Assured.
SECTION II
Agreement E, any Person while using an owned automobile or a hired automobile
and any Person or Organization legally responsible for the use thereof, provided
the actual use of the automobile is by the Named Assured or with his permission
and any Official of the Named Assured with respect to the use of non-owned
automobile in the business of the Named Assured. This insurance with respect to
any Person or Organization other than the Named Assured does not apply;
A. To any Person or Organization, or any Agent or Employee thereof,
operating an automobile sales agency, repair shop, service station, storage
garage, or public parking place, with respect to any accident arising out of
the operation thereof;
B. To an Employee with respect to injury to or sickness, disease or death of
another Employee of the same Employer injured in the course of such
employment in an accident arising out of the maintenance or use of the
automobile in the business of such Employer;
C. With respect to any hired automobile, to the Owner or a Lessee thereof,
other than the Named Assured, nor to any Agent or Employee of such
Owner or Lessee;
COLORADO COUNTIES, INC.
CASUALTY & PROPERTY POOL
(Continued)
D. With respect to any non-owned automobile, except as excess only over any
valid and collectible primary insurance of any Employee or Official if such
automobile is owned by him/her or a member of his/her household.
The inclusion hereunder of more than one Insured shall not operate to increase
the Company's limits of liability.
ENDORSEMENT attaching to and forming part of Policy No.
in the name of 1 -
Effective date of this endorsement is Endorsement No.
•
E%GtiSf9P1
It is hereby undo tool and-agreed that this Policy shall not apply to Airport Liability
except Owners, Landlords and Tenants Liability relating thereto.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
-
By
2004.bune 83
,.: ENDORSEMENT attaching to and forming part of Policy/Certificate
In the name of
Effective Date of this endorsement is Endorsement No.
ANTI - TRUST LIABILITY
"In consideration of the premium charged, it is understood -
and agreed that this policy is extended to afford coverage
for any anti-trust liability imposed by law upon the named
assured."
•
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES , INC.
BY:
ENDORSEMENT attaching to and forming part of Pot icy/Certificate No ;, ,
r
In the name of
Effective Date of this endorsement Is • Endorsement No.
•
ASBESTOS EXCLUSION -
In consideration of the premium paid and notwithstanding anything -
contained in this policy (certificate) to the contrary, it is agreed as follows:
The coverage afforded by this policy (certificate) does not apply to bodily
injury, personal injury or property damage arising out of:
1. inhaling, ingesting or prolonged physical exposure to
asbestos or goods or products containing asbestos; or
2. the use of asbestos in constructing or manufacturing any
good, product or structure; or
3. the removal of asbestos from any good, product or
structure; or
4. the manufacture, transportation, storage or disposal of
asbestos or goods or products containing asbestos.
The coverage afforded by the policy (certificate) does not apply to payment
for the investigation or defense of any loss, injury or damage or any cost,
fine or penalty or for any expense or claim or suit related to any of the
above.
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
BY:
� DGSAT.r-�, �
ENDORSEMENT attaching to and forming part of Policy No.
in the name of <
Effective date of this endorsement is Endorsement No.
BLACKOUT/BROWNOUT CLAUSE
Notwithstanding anything contained herein to the contrary, it is hereby _a.,d-
agreed that this policy does not apply to any loss or losses resulting from or arising out of
either
A. the Assured's failure to supply water, gas or electricity, or
B. the Assured's failure to supply sufficient water, gas or electricity to
meet demand.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
8905/3unc 83 c
•
.ENDORSEMENT attaching to and forming part of Policy/Certificate No
In the name of
Effective Date of this endorsement is Endorsement No.
In consideration of the premium charged SECTION III - CRIME COVERAGE AGREEMENT 1
COttIERCIAL BLANKET BOW, ie extended to include coverage for Honey Orders and
Counterfeitexhange Paper ha Currency i , Covey ore or lose due Services Services of to the any post acceptance office or eoxpr ssad faith,
money
order, for merchandise, Monty
order, issued or purporting to have beenupon presentation, or sdue office or
acceptance
in good
If thch money e order is not paid P
in good faith in the regular eourea of business of counterfeit United States or
Canadian paper currency-
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
BY:
1 GGr7
•
ENDORSEMENT attaching to and forming part of Policy No.
In the name of { :� R.
Effective date of this endorsement is ". Endorsement No.
r
DATA PROCESSING EXTRA EXPENSE EXTENSION
•
1. SUBJECT OF INSURANCE AND PERILS INSURED: This Extension insures against
the necessary Extra Expense, as hereinafter defined, incurred by the Assured in
order to continue as nearly as practicable the normal operation of its business;
immediately following damage to or destruction of the data processing system
including equipment and component parts thereof and data processing media
therefor, owned, leased, rented or under the control of the Assured, as a direct
result of all risks of physical loss or damage, but in no event to exceed the amount
indicated in the "Declarations."
This Extension includes the actual loss as covered hereunder, sustained during the
period of time, hereinafter defined, (1) when as a direct result of a peril insured
against the premises in which the property is located is so damaged as to prevent
access to such property or (2) when as a direct result of a peril insured against, the
air conditioning system or electrical system necessary for the operation of the data
processing equipment is so damaged as to reduce or suspend the Assured's ability to
actually perform the operations normally performed by the data processing system.
2. MEASURE OF RECOVERY: If the above described property is destroyed or so
damaged by the perils insured against occurring during the term of this Extension so
as to necessitate the incurrence of Extra Expense (as defined in this Extension),
Underwriters shall be liable for the Extra Expense so incurred, not exceeding the
actual loss sustained, for not exceeding such length of time, hereinafter referred to
as the "period of restoration," commencing with the date of damage or destruction
and not limited by the date of expiration of this Extension, as shall be required with
the exercise of due diligence and dispatch to repair, rebuild, or replace such pan of
said property as maybe destroyed or damaged.
It is further agreed that this extension in coverage shall not operate to increase the
Underwriters limits of liability hereunder.
3. EXTRA EXPENSE DEFINITION: The term "Extra Expense" wherever employed in
this Extension is defined as the excess (if any) of the total cost during the period of
restoration of the operation of the business over and above the total cost of such
operation that would normally have been incurred during the same period had no loss
occurred; the cost in each case to include expense of using other property or
facilities of other concerns or other necessary emergency expenses. In no event,
however, shall Underwriters be liable for loss of profits or earnings resulting from
diminution of business, nor for any direct or indirect property damage loss insurable
under Property Damage policies, or for expenditures incurred in the purchase,
5G1�/�wie Err Page 1 of 3
/J
construction, repair or replacement of any physical property unless incurred for the
purpose of reducing any loss under this Extension not exceeding, however, the
amount in which the loss is so reduced. Any salvage value of property so acquired -,
• which may be sold or utilized by the Assured upon resumption of normal operations,
shall be taken into consideration in the adjustment of any loss hereunder. -
4. ' EXCLUSIONS: It is a condition of the insurance that Underwriters shall not be
liable for Extra Expense incurred as a result of: v ,
A. Any local or State ordinance or law regulating construction or repair of
buildings,
B. The suspension, lapse or cancellation of any lease, license, contract or
order;
C. Interference at premises by strikers or other persons with repairing or
replacing the property damaged or destroyed or with the resumption or
continuation of the Assured's occupancy;
D. Loss or destruction of accounts, bills, evidence of debt, valuable papers,
records, abstracts, deeds, manuscripts or other documents except as they
may be converted to data processing media form and then only in that
form; -
E. Loss of or damage to property rented or leased to others while away
from the premises of the Assured;
F. Error in machine programming or instructions to machine;
G. Inherent vice, wear, tear, gradual deterioration or depreciation;
H. Any dishonest, fraudulent or criminal act by the Assured, a partner
therein or an officer, director or trustee thereof, whether acting alone
or in collusion with others;
1. Damage due to mechanical failure, faulty construction, error in design
unless fire or explosion ensues, and then only for loss, damage, or
expense caused by such ensuing fire or explosion;
J. Short circuit, blow-out, or other electrical disturbance, other than
lightning, within electrical apparatus, unless fire or explosion ensues and
then only for loss, damage or expense caused by such ensuing fire or
explosion;
K. Delay or loss of market; -' - -
L. War risks or nuclear risks as excluded in the Policy to which this
Extension is attached.
-5 tine 3 Page 2 of 3
1 CC r/ )cc-tom Zk
5. RESUMPTION OF OPERATIONS: As soon as practicable after any loss the Assured
shall resume complete or partial business operations of the insured property and, in
so far as practicable, reduce or dispense with such additional charges and expenses
as are being incurred.
6. - INTERRUPTION BY CIVIL AUTHORITY: This Policy is extended to include
necessary Extra Expense incurred by the Assured as covered hereunder, during the
length of time, not exceeding two consecutive weeks, 'when as a direct result of
damage to or destruction of property adjacent to the premises herein described by
the perils) insured against, access to such described premises is specifically
prohibited by order of civil authority.
7. DEFINITIONS: The term "Normal" wherever used in this Extension shall mean: The
condition that would have existed had no loss occurred.
8. DEDUCTIBLE: Each and every loss occurring hereunder shall be adjusted separately
and from the amount of each such loss when so adjusted the amount indicated in
PART I (AGGREGATE AGREEMENT) 2) shall be deducted.
All other terms and conditions of this Policy not in conflict herewith remain unchanged.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
5003/Jane 83 Page 3 of 3
1 CC7/Jc '- ZL
•
ENDORSEM .Z$ attaching to and forming part of Policy No.
•
in the name of
•
Effective date of this endorsement is • Endorsement No.
DATA PROCESSING MEDIA EXTENSION -
1. PROPERTY INSURED: Active data processing Media, being property of the Assured
or property of others for which the Assured may be liable.
2. PROPERTY EXCLUDED: This Policy does not insure accounts, bills, evidences of
debt, valuable papers, records, abstracts, deeds, manuscripts or other documents
except as they may be converted to data processing media form, and then only in
that form, or any data processing media which cannot be replaced with other of like
kind and quality.
3. PERILS INSURED: This Extension insures against all risks of direct physical loss or
damage to the property covered, except as hereinafter provided.
4. PERILS EXCLUDED: This Extension does not insure against loss, damage, or
expense resulting from or caused directly or indirectly by:
A. Any interruption in electric power supply by power surge or brown out
originating more than one hundred (100) feet away from the building
containing the property insured;
B. Dryness or dampness of atmosphere, extremes of temperature, corrosion,
rust unless directly resulting from physical damage to the data proces-
sing system's air conditioning facilities caused by a peril not excluded by
the provisions of this Extension;
C. Delay or loss of market;
D. Inherent vice, wear, tear, gradual deterioration, depreciation or vermin;
E. Any dishonest, fraudulent or criminal act by an Assured, a partner
therein or an officer, director or trustee thereof, whether acting alone
or in collusion with others;
F. War risk or nuclear risks as excluded in the Policy to which this
Extension is attached. -
%G2/SepL 83 Page 1 of 2
,ccc7/5c. ,- Y6
5. VALUATION: The Underwriters shall not be liable beyond the actual reproduction
cost of the property; if not replaced or reproduced, blank value of media; all subject
to the applicable limit of liability stated in the "Declarations."
6. DEFINITIONS: The term "active data processing media" wherever used In this
policy shall mean all forms of converted data and/or program and/or instruction
vehicles employed in the Assured's data processing operation, except all such -
UNUSED property.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
•
FS3 Page 2 of 2
r
•
ENDORSEMENT attaching to and forming part of Policy No. ..
in the name of `
Effective date of this endorsement is Endorsement No.
• DATA PROCESSING SYSTEM EQUIPMENT EXTENSION
I. PROPERTY COVERED: Data processing system including equipment and compo-
nent parts thereof owned by the Assured or leased, rented or under the control of
• the Assured.
2. PROPERTY EXCLUDED:
A. Active data processing media which is hereby defined as meaning all
forms of converted data and/or program and/or instruction vehicles
employed in the Assureds data processing operation;
B. Accounts, bills, evidences of debt, valuable papers, records, abstracts,
deeds, manuscripts, or other documents;
C. Property rented or leased to others while away from the premises of the
Assured.
3. PERILS INSURED: Insures against all risks of direct physical loss or damage to the
property covered, except as hereinafter provided.
4. PERILS EXCLUDED: This Extension does not insure against loss, damage, or
expense caused directly or indirectly by:
A. Inherent vice, wear, tear, gradual deterioration, depreciation or vermin;
B. Any dishonest, fraudulent or criminal act by an Assured, a partner
therein or an officer, director or trustee thereof, whether acting alone
or in collusion with others;
C. Dryness or dampness of atmosphere, extremes of temperature, corrosion,
rust unless directly resulting from physical damage to the data proces-
sing system's air conditioning facilities caused by a peril not excluded by
the provisions of this Extension;
D. Any interruption in electric power supply by power surge or brown out
originating more than one hundred (100) feet away from the building
containing the property covered.
E. Delay or loss of market;
lc lc/ elk"
-311GT7S—e71-8-3. Page 1 of 2
•
F. War risk or nuclear risks as excluded in the Policy to which this
Extension is attached.
5. VALUATION: Replacement Cost - The Underwriters shall not be liable beyond the
actual retail replacement cost of the property at the time any loss or damage occurs
- and the loss or damage shall be ascertained or estimated on the basis of the actual
cash retail replacement cost of property similar in kind to that insured at the place
of and immediately preceding the time of such loss or damage, but in no event to
exceed the limit of liability stipulated in the "Declarations."
6. DIFFERENCE IN CONDITIONS: It is a condition of this Insurance that the Assured
shall file with Arthur 1 Gallagher & Co. a copy of any lease or rental agreement
pertaining to the property insured hereunder insofar as concerns the lessors' liability
for loss or damage to said property, and coverage afforded hereunder shall be only
for the difference in conditions between those contained in said lease or rental
agreement and the terms of this Extension. The Assured agrees to give the
Underwriters thirty days notice of any alteration, cancellation or termination of the
above mentioned lease or rental agreement pertaining to the lessors' liability.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
,c I L ` •4-r-Z L
'co 1/Se pt 83 Page 2 of 2
•
ENDORSEMENT attaching to and forming part of Policy/Certificate No
In the name of
Effective Date of this endorsement is Endorsement No.
In consideration of the premium charged this Policy is extended to include
coverage for Depositors Forgery in accordance with the applicable Insuring
Agreement(s) (including all terms , clauses, exclusions and conditions relating
thereto) of the Comprehensive Crime Form MLB-300 in current use at the
inception date of this Policy.
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
BY:
IC'l! Jcc ) ek
-
•
ENDORSEMENT attaching to and forming part of Policy No.
' in the name of
Effective date of this endorsement is Endorsement No.
EMPLOYEE BENEFIT LIABILITY •
THIS IS A CLAIMS MADE ENDORSEMENT
In consideration of the premium charged and subject to the terms, exclusions and
definitions hereinafter mentioned Underwriters agree to pay on behalf of the Assured all
sums which the Assured shall become legally obligated to pay as a result of damages
sustained by an employee, prospective employee, former employee or the beneficiaries or
legal representatives thereof in the administration of the Assured's Employee Benefit
Programs as defined herein and caused by any negligent act, error or omission of the
Assured or any other person for whose acts the Assured is legally liable, occurring during
the policy period and then only if claim is made or suit is brought during the policy period
or within one year after the end of the policy period.
EXCLUSIONS:
This insurance does not apply:
(a) to any dishonest, fraudulent, criminal or malicious act, libel, slander, discrimination
or humiliation;
(b) to bodily injury to, or sickness, disease, or death, of any person, or to injury to or
destruction of any tangible property, including the loss of use thereof;
(c) to any claim for failure of performance of contract by any Insurer, including failure
of any Employee Benefit Program;
(d) to any claim based upon the Assured's failure to comply with any law concerning
Workers' Compensation, Unemployment Insurance, Social Security or Disability
Benefits;
(e) to any claim based upon:
(1) failure of stock to perform as represented by an Assured;
(2) advice given by an Assured to an employee to participate or not to participate
in stock subscription plans;
(3) the investment or non-investment of funds;
une Page 1 of 2
•
•
(f) to claims based upon the Employee Retirement Income Security Act of 1974, Public
Law 93-406 commonly referred to as the Pension Reform Act of 1974 and
amendments thereto, or similar provisions of any Federal, State or Local Statutory
Law or Common Law.
DEnNJTIONS:
Y
(a) "Employee Benefit Programs" - The term " Employee Bepefit Programs" shall mean
group life insurance, group health insurance, profit sharing plans, pension plans,
employee stock subscription plans, workers' compensation, unemployment insurance,
social security, disability benefits insurance and travel, savings or vacation plans.
(b) "Administration" - The unqualified word "Administration" wherever used, shall
mean:
(I) giving counsel to employees with respect to the Employee Benefit Programs;
(2) interpreting the Employee Benefit Programs;
(3) handling of records in connection with the Employee Benefit Programs;
(4) effecting enrollment, termination or cancellation of employees under the
Employee Benefit Programs;
provided all such acts are authorized by the Named Assured.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
139333/tJUre-8 C
Page 2 of 2
•
•ENDORSEMENT attaching to and forming part of Policy No.
in the name of
• Effective date of this endorsement is Endorsement No.'
ERRORS AND OMISSIONS
THIS IS A CLAIMS MADE ENDORSEMENT
.'
•
IT IS AGREED that Section II Agreement C is amended to include the following:
The Underwriters agree, subject to the terms and conditions hereof, to indemnify the
Assured (as herein defined) against any claims or claims made against them individually or
collectively during the period of this Insurance, by reason of a wrongful act, error or
omission, whenever or wherever committed or alleged to have been committed while
acting in their capacity as an official, trustee, director or council member.
IT IS FURTHER agreed: •
(1) There shall be no liability hereunder for any claim made against the Assured for any
wrongful act a ror or omission committed or alleged to have been committed prior
to 7- / G (hereinafter referred to-as the "Retroactive Date").
(2) In the event of non-renewal or termination of this Insurance, then this Insurance
shall extend to apply to claims made against the Assured during the twelve (12)
calendar months following immediately upon such expiration or termination, but
only for wrongful act, error or omission, committed or alleged to have been
committed between the Retroactive Date and such expiration or termination.
For the purposes of this Endorsement the unqualified word "Assured" shall mean the
Assured named in the Declarations and as further defined in General Insurance Agreement
II including all persons who were, now or shall be lawfully elected or lawfully appointed
officials, trustees, directors or council members of the Assured in the regular service of
the Assured during the existence of this Insurance, and any heir, executor, administrator,
assign or legal representative of said persons in the event of their death or incapacity.
Underwriters shall not be liable to make payment for loss in connection with any claim
made against the Assured if a judgment or final adjudication in any action brought against
the Assured shall be based on a determination that acts of fraud or dishonesty were
committed by the Assured.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
4000:1/June 83
ENDORSEMENT attaching to and forming part of Policy No.
in the name of
Effective date of this endorsement is Endorsement No.
EXTRA EXPENSE t'l
40/80/100% of Limit
It is agreed that if the property insured by Insuring Agreement A of Section 1 is damaged
or destroyed by perils insured against in said Insuring Agreement A during the period of
this Insurance so as to necessitate the incurrence of Extra Expense (as defined below) the
Underwriters shall be liable for the Extra Expense so incurred, not exceeding the actual
loss sustained, for not exceeding such length of time, hereinafter referred to as the '
"period of restoration".
It is further agreed that this extension in coverage shall not operate to increase the
Underwriters limits of liability hereunder.
Underwriters shall be liable for no greater percentage of the amount of this Policy than is
stated below for the determined period of restoration.
40% if period of restoration is not in excess of one month;
80% if period of restoration exceeds one month but does not exceed two months;
100% if period of restoration exceeds two months.
DEFINITIONS
(a) Extra Expense: The term "Extra Expense" means the excess (if any) of the total
cost incurred during the period of restoration chargeable to the operation of the
Assured's business, over and above the total cost that would normally have been
incurred to conduct the business during the same period had no damage or
destruction occurred.
Any salvage value of property obtained for temporary use during the period of
restoration which remains after the resumption of normal operations, shall be taken
into consideration in the adjustment of any loss hereunder.
(b) Normal: The term "Normal" wherever used herein shall mean; the condition that
would have existed had no loss occurred.
une 3 Page 1 of 3
(c) Month: The word "month" wherever used herein means 30 consecutive days
(d) Period of Restoration: The term "period of restoration" means such length of time
commencing with the date of damage and not limited by the date of expiration-of -
this policy, as would be required with the exercise of due diligence and dispatch to
repair, rebuild or replace such part of the Assured's property as has been damaged or
destroyed.
CONDITIONS
(a) Resumption of Operations: It is a condition of this Insurance that as soon as
practicable, the Assured shall resume normal operations of the business and shall
• dispense with such extra expense. •
(b) Interruption by Civil Authority: Liability hereunder is extended to include actual
loss as covered hereunder, sustained during the period of time, not exceeding two
weeks, when as a direct result of a peril insured against, access to the premises in
which the property described is located is prohibited by order of civil authority.
EXCLUSIONS
In addition to the General Exclusions of this Insurance, Underwriters shall not be liable for
Extra Expense resulting from: -
(a) The suspension, lapse or cancellation of any lease, license, contract or order
beyond the period of restoration;
(b) Interference at premises by strikers or other persons with rebuilding, repairing
or replacing the property damaged or destroyed or with the resumption or
continuation of business;
(c) Enforcement of any local or state ordinance or law regulating construction,
repair or demolition of buildings or structures;
Further, Underwriters shall not be liable for:
(a) more than the amount set forth in the limits of liability for each premises;
(b) loss of income;
(c) the cost of repairing or replacing any of the real or personal property covered
hereunder, or the cost of research or other expense necessary to replace or
restore damaged or destroyed books of account, abstracts, drawings, card
index systems or other records (including film, tape, disc, drum, cell or other
magnetic recording or storage media for electronic data processing), that have
been damaged or destroyed by the perils insured against, except cost in excess
of the normal cost of such repair, replacement or restoration necessarily
incurred for the purpose of reducing loss under this policy. In no event shall
such excess cost exceed the amount by which the total extra expense loss
otherwise payable under this policy is thereby reduced;
l00₹{3tme-&3. Page 2 of 3
IC' is/:3 .r 'L
(d) loss resulting from theft of any property which at the time of loss is not an
integral part of a building or structure (except direct loss by pillage and
looting occurring during and at the immediate place of a riot or civil
commotion), unless loss by a peril not excluded in this policy ensues from theft
• or attempted theft, and then the Underwriters shall be liable for only such
ensuing loss;
(e) any other consequential or remote loss.
•
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
Joe- ?owe S3 Page 3 of 3
e S/3<< rL�
ENDORSEMENT attaching to and forming part of Policy/Certificate No
in the name of
Effective Date of this endorsement is
Endorsement No.
ri
In consideration of the premium charged it is hereby understood and agreed that
the following Insuring Agreement J - Faithful Performance is incorporated in
SECTION III - CRIME INSURANCE:-
AGREEMENT J - FAITHFUL PERFORMANCE: Underwriters agree, subject to the terms
and conditions set forth herein, to indemnify the Assured for loss caused to
the Assured through failure of any of the Assured' s employees' as defined,
acting alone or in collusion with others, to perform faithfully his duties or
to account properly for all monies and property received by virtue of his
position of employment.
Subject otherwise to all terms, clauses and conditions as heretofore.
INTERNATIONAL SPECIAL RISK SERVICES, INC.
DATED: p
ICI �ic-,- irh BY:
ENDORSEMENT attaching to and forming part of Policy/Certificate No
-in the name of
Effective Date of this endorsement is Endorsement No.
In consideration of the premium charged this Policy is extended to include
coverage for GARAGE KEEPERS ' LEGAL LIABILITY in accordance with the applicable
Insuring Agreement(s) (including all terms, clauses, exclusions and conditions
relating thereto) of the Comprehensive Crime Form MLB-lBi in current use at
the inception date of this Policy.
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
BY:
ENDORSEMENT attaching to and forming part of Policy No.
in the name of
Effective date of this endorsement is Endorsement No.
INVERSE CONDEMNATION EXCLUSION CLAUSE •
This policy does not cover claims for loss or damage or any liability of any and all the
Assureds arising out of or in any way connected with the operation of the principles of
eminent domain, condemnation by whatever name called regardless of whether such
claims are made directly against the Assured or by virtue of any agreement entered into
by or on behalf of the Assured.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
83
ENDORSEMENT attaching to and forming part of Policy No.
in the name of
Effective date of this endorsement is • Endorsement No.
JOINT LOSS ENDORSEMENT
In the event of damage to or destruction of property, at a location designated in
this policy and also designated in a boiler & machinery insurance policy and there is
a disagreement between the insurers with respect to: •
(1) whether such damage or destruction was caused by a Peril insured
against by this policy or by an Accident insured against by such boiler &
• machinery insurance policy
or, ` . .. .
(2) the extent of participation of this policy and of such boiler & machinery
insurance policy in a loss which is insured against, partially or wholly,
by any or all of said policies, •
The Underwriters shall upon written request of the Insured, pay to the Insured one-
half of the amount of the loss which is in disagreement, but in no event more than
the Underwriters would have paid if there had been no boiler & machinery
insurance policy in effect, subject to the following conditions:
(1) The amount of the loss which is in disagreement after making provisions
for any undisputed claims payable under the said policies and after the
amount of the loss is agreed upon by the insured and the insurers, is
limited to the minimum a-mount re:naining payable under either the
boiler & machinery or fire policy(ies);
(2) The boiler 3: machinery insured shall simultaneously pay to the Insured
one-half of said amount which is in disagreement;
(3) The payments by the insurers hereunder and acceptance of the same by
the insured signify the agreement of the insurers to submit to and
proceed with arbitration within 93 days of such payments;
The arbitrators shall be three in number, one of whom shall be
appointed by the boiler & machinery insurer and one of whom shall be
appointed by the fire insurer(s) and the third appointed by consent of
the other two, and the decision by the arbitrators shall he binding on
the insurers and hat judgment upon such award may be entered in any
court of competent jurisdiction;
(4) The insured agrees to cooperate in connection with such arbitration but
not to intervene therein;
(5) The provisions of this endorsement shall not apply unless such other
policy issued by the boiler & machinery insurance company is similarly
endorsed;
and
(6) Acceptance by the Insured of sums paid pursuant to the provisions of
this endorsement, including an arbitration award, shall not operate to
alter, waive, surrender or in any way affect the rights of the Insured
against any of the insurers.
Subje_t otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By:
1'1.14i3snaarp-495 5
ENDORSEMENT attaching to and forming part of Policy No.
in the name of
Effective date of this endorsement is Endorsement No.
It is hereby understood and agreed that this Policy shall not apply to liability arising out
of Hospital/Clinic Malpractice.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
ENDORSEMENT attaching to and forming part of Policy/Certificate No
in the name of
Effective Date of this endorsement is r Endorsement No.
NON-OWNED AIRCRAFT ENDORSEMENT
In consideration of the premium paid, it is understood and agreed that cover granted under
this policy applies to Aircraft used by the Named Assured, always provided the Named
Assured:
I. Has no interest in the Aircraft as owner in whole or in part.
2. Exercises no part in the servicing or maintenance of the Aircraft.
3. Exercises no part in the appointment or provision of personnel for the
operation of the Aircraft.
This endorsement does not apply:
(a) To liability arising out of any product manufactured, sold, handled or
distributed by the Named Assured.
(b) To any Aircraft having a seating capacity, including crew, in excess of to be
advised to underwriters prior to coverage being afforded.
(c) To liability for loss of or damage to the Aircraft or any consequential loss
arising therefrom
(d) When the Aircraft is used by the Named Assured for hire and reward.
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES , INC.
/1 BY:
ENDORSEMENT attaching to and forming part of Policy/Certificate No •
In the name of
Effective Date of this endorsement is Endorsement No. •
•
PARAMEDIC LIABILITY
MOBILE INTENSIVE CARE PERSONNEL ENDORSEMENT
"Notwithstanding any provision to the contrary contained in the policy to which this
endorsement is attached or any other endorsement attached to said policy, in consider-
ation of premium charged, it is agreed that mobile intensive care personnel as defined in
Chapter 111::•, O404 (commonly referred to as the "Emergency Medical Services Act") of
the Illinois Statutes are covered for personal injury arising out of any of the services they
are authorized to do arising from said Emergency Medical Services Act and for which
liability is incurred under the same."
"Insurance coverage provided under this endorsement shall be excess over any other
collectible insurance covering the same damages covered by this endorsement,"
This endorsement modifies such insurance as is afforded by the provisions of the policy
relating to Comprehensive General Liability all other terms and conditions remain the
same.
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
[ i'7/ )C: T- Le BY:
ENDORSEMENT attaching to and forming part of Policy No.'
in the name of
- Effective date of this endorsement is Endorsement No.
IT IS AGREED that the first period of insurance instalment premium is
$ / 17C.5 , and future premium instalments will be based upon the full
updated information given to the Underwriters by the Assured O
days prior to each anniversary, being 7-/-e7 at which time the
premium to be charged for the forthcoming period of insurance will be adjusted
accordingly by Underwriters.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
,- C
une
ENDORSEMENT attaching to and forming part of Policy/Certificate No -�
In the name of
Effective Date of this endorsement is Endorsement No. -
SEEPAGE - POLLUTION EXCLUSION
This policy shall not apply to bodily injury or personal injury or
loss of, damage to or loss of use of property directly or indirectly
caused by seepage into or onto and/or pollution of and/or
contamination of air, land , water and/or any other property, however
caused and whenever happening:
The words ' loss of, damage to or loss of use of property' as used in
this exclusion include, but shall not be United to:-
•
A) The cost of evaluating and/or monitoring and/or controlling and/or
removing and/or nullifying and/or cleaning-up seeping and/or
polluting and/or contaminating substances:
B) Loss of, damage to or loss of use of property directly or
indirectly resulting from sub-surface operations of the insured:
C) Removal of, loss of or damage to sub-surface oil , gas or any
other substance:
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
l BY:
IC-3= /. It
ENDORSEMENT attaching to and forming part of Policy/Certificate No
in the name of ' .
Effective Date of this endorsement is Endorsement No. .,
SEXUAL MISCONDUCT EXCLUSION
•
Sexual or physical abuse or molestation of any person by the Assured,
any employee of the Assured or any volunteer worker does not constitute
personal injury within the terms of this policy and as such any claim
arising, directly or indirectly, from the aforementioned is excluded .
•
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
Ic 1/ 3‘. BY:
ENDORSEMENT attaching to and forming part of Policy No.
in the name of
Effective date of this endorsement is Endorsement No.
TRANSIT EXTENSION '
INSURING CLAUSE •
•
In consideration of the premium paid and subject to the terms, limits and conditions of the
policy to which this Extension is attached and to the following conditions and exclusions,
this insurance is hereby extended to cover:
Personal property of the Assured or property held by the Assured in trust or on
commission or on consignment for which the Assured may be held legally liable
while in due course of transit within the limits of the Continental United States of
America (excluding Hawaii) and Canada, against All Risks of Direct Physical Loss or
Damage to the property insured occurring during the period of this policy (including
general average and salvage charges on shipments covered while waterborne).
PERILS EXCLUDED
This extension does not insure against:
1) Loss or damage to personal property resulting from:
shrinkage, evaporation, loss of weight, leakage, breakage of glass or other fragile
articles, marring, scratching, exposure to light, or change in colour, texture or
flavour, unless such loss is caused directly by fire or the combating thereof,
lightning, windstorm, hail, explosion, strike, riot or civil commotion, aircraft,
vehicles, breakage of pipes or apparatus, sprinkler leakage, vandalism and malicious
mischief, theft or attempted theft.
2) Loss of use, delay or loss or markets.
3) Loss or damage caused by or resulting from moth, vermin, termites, or other
insects, inherent vice, latent defect, wear, tear or gradual deterioration; contamina-
tion; rust, wet or dry rot, mould, dampness of atmosphere, smog or extremes of
temperature. .. _ .
4) Loss or damage caused by or resulting from misappropriation, conversion, infidelity
or any dishonest act on the part of the Assured or other party of interest, his or
their employees or agents or others to whom the property may be delivered or
entrusted (carriers for hire excepted).
,c :3y
3 Page 1 of 3
5) Loss or damage to the property insured occasioned by war, invasion, hostilities, acts +
of foreign enemies, civil war, rebellion, insurrection, military or usurped power or
martial law or confiscation by order of any Government or public authority.
6) Loss or damage arising directly or indirectly from nuclear reaction, nuclear
radiation or radioactive contamination however such nuclear reaction, nuclear
radiation or radioactive contamination may have been caused. Nevertheless if a fire
arises directly or indirectly from nuclear reaction, nuclear radiation or radioactive
contamination any loss or damage arising directly frontthat fire shall (subject to the
provisions of this Policy) be covered excluding however all loss or damage caused by
nuclear reaction, nuclear radiation or radioactive contamination arising directly or
indirectly from that fire,
7) Loss or damage caused by breakdown or derangement of refrigerating units.
DEDUCTIBLE(S)
Each loss or series of losses arising out of one event shall be adjusted separately and from
the amount of each such adjusted loss the sum(s) stated in PART I (AGGREGATE
AGREEMENT) 2) shall be deducted.
PROPERTY EXCLUDED
This Extension does not cover:
1) a. Aircraft, watercraft, vehicles designed for highway use, animals, jewelry,
precious stones and furs or garments trimmed with fur.
b. Accounts, bills, currency, money. notes, securities, deeds, evidences of debt
and valuable papers.
c. Data processing equipment and media, including but not limited to film, tape,
disc, drum, cell and other recording or storage media for data processing.
2) Property in due course of ocean marine transit.
3) Shipments by mail after delivery into the custody of the Post Office Department.
4) Samples whilst in the care, custody or control of salesmen.
CONDITIONS
1) The Assured may accept without prejudice to this insurance the ordinary bills of
lading or receipts issued by carriers including those containing released and/or
partially released value provisions, but the Assured shall not enter into any special
agreement with carriers releasing them from their common law or statutory
liability.
IC �,/ =-.-LE
1-005f3 one-83 Page 2 of 3
2) Property insured hereunder shall be valued as follows:
A. Sold property at the actual net invoice price of the Assured.
B. Unsold property at the actual cash value of the property at the time any loss
or damage occurs with proper deduction for depreciation and in no event to
exceed what it would cost to repair or replace the property with material of
like kind and quality.
•
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
y J.z.n-7.L
1005-/3tme 83 Page 3 of 3
•
ENDORSEMENT attaching to and forming part of Policy No.
in the name of
Effective date of this endorsement is . Endorsement No. ,
VALUABLE PAPERS AND RECORDS EX.T,ENSION
1. PROPERTY COVERED: Underwriters agree to pay in respect of loss or damage to
valuable papers and records, (hereinafter referred to as 'property').
2. THIS EXTENSION INSURES AGAINST: All risks of direct Physical Loss of or
damage to the property covered, except as hereinafter provided, occurring during
the period of the Policy to which this Extension is attached.
3. PROTECTION OF VALUABLE PAPERS AND RECORDS: Insurance under this
Extension shall apply only while the property is contained in the premises of the
Assured, and shall be kept in protective receptacle(s) at all times when the premises
are not open for business, except while such property is in actual use.
4. AUTOMATIC EXTENSION: Such insurance as is afforded by this Extension applies
while the property is being conveyed outside the premises and while temporarily
within other premises, except for storage, provided Underwriters liability for such
loss or damage shall not exceed ten percent of the combined limits of Insurance
stated in the Declarations, nor Fifty Thousand Dollars, whichever is less.
S. REMOVAL: Such insurance as is afforded by this Extension applies while the
property is being removed to and while at a place of safety because of imminent
danger of loss and while being returned from such place, provided the Assured g'ves
written notice to Underwriters of such removal within ten days thereafter.
EXCLUSIONS
THIS EXTENSION DOES NOT APPLY;
1. to loss or damage due to wear and tear, gradual deterioration, vermin or inherent
vice;
2. to loss or- damage due to any dishonest, fraudulent or criminal act by any Assured, a
Partner therein or an Officer, director or Trustee thereof, whether acting alone or
in collusion with others; -
3. to loss of or damage to property, if such property cannot be replaced with other of
like kind or quality;
4. to loss of or damage to property held as samples or for sale or delivery after sale;
i-003 a.23._ Page 1 of 3
S. to loss due to electrical or magnetic injury, disturbance or erasure of electronic
recordings, except by lightning;
' 6. to war risks or nuclear risks as excluded in the Policy to which this Extension is
attached.
SPECIAL CONDITIONS
1. Definitions: 'Property' means written, printed or others/ise inscribed documents and
records, including books, maps, films, drawings, abstracts, deeds, mortgages and
manuscripts, but does not mean money or securities.
'Premises' means the interior of that portion of the building which is occupied
by the Assured for business operations.
'Money' means currency, coins, bank notes and bullion; and travellers checks,
register checks and money orders held for sale to the public.
'Securities' means all negotiable and non-negotiable instruments or contracts
representing either money or other property and includes revenue and other stamps
in current use, tokens and tickets, but does not include money.
2. Ownership of Property: Interests Covered
The insured property may be owned by the Assured or held by him in any capacity;
provided, the Insurance applies only to the interest of the Assured in such property,
including the Assured's liability to others, and does not apply to the interests of any
other person or organization in any of said property unless included in the Assured's
proof of loss.
3. Limits of Liability; Valuation; Settlement Option
The limit of Underwriters liability for loss shall not exceed the actual cash value of
the property at time of less nor what it would then cost to repair or replace the
property with other of like kind and quality, nor the applicable limit of Insurance.
The Underwriters may pay for the loss in money or may repair or replace the
property and may settle any claim for loss of the property either with the Assured
or the Owner thereof. -
Application of the Insurance to property of more than one person shall not operate
to increase the applicable limit of Insurance.
4. Assured's Duties When Loss Occurs
Upon knowledge of loss or of an occurrence which may give rise to a claim for loss,
the Assured shall:
(a) give notice thereof as soon as practicable to the Underwriters or any of its
authorized Agents and, if the loss is due to a violation of law, also to the
Police;
j C ?(/. .z-r— C c
10037Jirrie--83 Page 2 of 3
•
(b) file detailed proof of loss, duly sworn to, with the Underwriters promptly upon
the expiration of ninety days after the discovery of loss.
Upon the Underwriters request, the Assured shall submit to examination by the
Underwriters, subscribe the same, under oath if required, and produce for the
Underwriters' examination all pertinent records, all at such reasonable times and
places as the Underwriters shall designate, and shall cooperate with the Under-
writers in all matters pertaining to loss or claims with respect thereto.
'Underwriters shall, in addition to the applicable limit'Cif liability of this Extension, -
reimburse the Assured for all reasonable expenses, other than loss of earnings,
incurred at Underwriters' written request'.
5. Changes
Notice to any representative or knowledge possessed by any representative or by any
other person shall not effect a waiver or a change in any part of this Extension or
estop Underwriters from asserting any right under the terms of this Extension nor
shall the terms of this Extension be waived or changed, except by endorsement
issued to form a part of this Extension.
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
l-003/June 43 Page 3 of 3
ENDORSEMENT ` _ •
Attaching to and forming part of Policy No.
•
in the name of
•
Effective date of this endorsement is Endorsement No.
•
WAREHOUSEMEN'S LEGAL LIABILITY
•
INSURING CLAUSE
Subject to the Limit of Liability, Deductible, Exclusions and Conditions hereinafter
contained, Underwriters hereby agree to pay to the Assured such amounts as the Assured
shall become legally liable to pay by reason of direct physical loss or damage occurring
during the period of this policy to property of others stored in the warehouse or
warehouses operated by the Assured.
The Underwriters will defend in the name of and on behalf of the Assured any suit or
other proceedings (whether groundless or not) brought against the Assured in connection
with loss or damage arising out of the Assured's operations as covered by this Extension,
but the Underwriters reserve the right to settle any such suit or proceedings as they may
deem expedient.
The Underwriters will pay all costs taxed against the Assured in any legal proceedings
defended by the Underwriters, all interest accruing after entry of judgment upon such
part thereof as shall not be in excess of the Underwriters' liability as stated herein,
except that if the claim be successfully resisted by the Assured, Underwriters will pay all
costs, charges and expenses incurred by the Assured in connection therewith up to but not
exceeding Underwriters Limits of Liability.
LIMIT OF LIABILITY
Underwriters Limit of Liability under this Extension shall not exceed the amount stated in
the Declarations.
EXCLUSIONS
This Extension does not insure against: -
1. loss or damage caused by rust, wear or tear, gradual deterioration, moths, vermin,
inherent vice or damage sustained due to or resulting from any repairing, restoration -
or retouching process,
2. loss, damage or destruction of accounts, bills, currency, deeds, evidences of debt,
money or securities,
c3 '[ " G b
Page 1 of 3
2007/3une-g3
•
3. loss caused by the infidelity of the Assured's employees or persons to whom the
insured property is entrusted,
4. claims for wilful illegal sale of property by the Assured, .
5. loss by wilful conversion and/or wilful or wrongful secretion,
6. loss due to forged warehouse receipts,
7. liability to others assumed by the Assured under any agreement, oral or written,
8. loss or damage caused by change of temperature resulting from the total or partial
destruction of any refrigerating or cooling apparatus from any cause.
CONDITIONS
I. Reinstatement
Every claim paid hereunder reduces the amount of insurance by the sum so paid, but
it is a condition of this Extension that in the event of loss, the Assured agrees to
reinstate the full limit of liability of this Extension by payment to Underwriters of
pro rata additional premium on the amount of such loss from the date of the
occurrence to expiry of this policy.
2. Notice of Loss
If any claim or claims, whether groundless or not, be made against the Assured on
account of loss or damage to property, the Assured shall notify Underwriters or
their representatives as soon as practicable and if suit is filed against the Assured to
enforce any claim or claims, the Assured shall forward to the Underwriters or their
representatives all summons or other notices served upon the Assured. All
established claims shall be paid or made good to the Assured within sixty (60) days
after presentation and acceptance of satisfactory proof of interest and loss.
3. Cooperation
The Assured shall cooperate with Underwriters in the defence of suits and in
prosecuting appeals and upon Underwriters request shall attend hearings and trials,
and shall assist in effecting settlements, securing and giving evidence, obtaining the
attendance of witnesses, and in the conduct of suits. The Assured shall not, except
at his own cost, voluntarily make any payment, assume any obligation, nor incur any
expense.
4. Non-Contribution
This Extension does not cover any loss which, at the time of the happening of such
loss, is insured by any other policy or policies except in respect of any excess beyond
the amount which would have been payable under such other policy or policies had
this Extension not been effected.
ic 3/ 4` Page 2 of 3
2007/June 83
•
5. Refrigerated or Air Conditioned Warehouses
It is understood that where coverage afforded by this Extension is in respect of
Refrigerated, Cold Storage or Air Conditioned Warehouses, Exclusion No. 6 is
deemed to be deleted and the following additional exclusions and warranties shall
apply to such warehouses: -
Exclusions
•
This Extension does not insure against: -
1. loss or damage emanating from loss of power from outside sources,
2. loss of use, delay or loss of market.
Warranties
It is warranted by the Assured that during the period of this policy, the
refrigeration or air conditioning system will be: -
a) inspected and serviced at regular intervals by a reputable engineering
company and in the event of loss proof of such inspection and servicing
to be made available to Underwriters hereon.
b) covered by a direct damage machinery breakdown Policy of Insurance.
6. Grain Warehouses
It is understood that where coverage afforded by this Extension is in respect of
Grain and/or Rice warehouses the following additional exclusion shall apply to such
warehouses: -
Exdusions
This Extension does not insure against: -
1. loss caused by the natural shrinkage of or moisture content of grain
and/or rice,
2. delay or loss of markets,
3. loss arising from the commingling of grain and/or rice.
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By:
Page 3 of 3
2007/June 83---
2
•
•
ENDORSEMENT attaching to and forming part of Policy No.
in the name of •
Effective date of this endorsement is Endorsement No.
WATERCRAFT LIABILITY
Notwithstanding Section II - Exclusion (B) contained herein to the contrary, it is hereby
understood and agreed that said exclusion does not apply with respect to the ownership,
maintenance or use, including loading and unloading of any watercraft by the Named
Assured, but, the insurance with respect to said watercraft does not apply while said
watercraft is used to carry persons for a charge or is rented to others.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
2002/3uoe_.83
t
ENDORSEMENT attaching to and forming part of Policy No.
in the name of
Effective date of this endorsement is ' • Endorsement No:
•
Notwithstanding anything contained herein to the contrary, it is understood
and agreed that this policy does not afford Yorkers' Compensation and/or
Employers' Liability and/or Occupational Disease coverage. In consequence
of the foregoing all reference to the aforementioned coverage shall be
deemed to be deleted.
•
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
3000/August-1983
Hello