HomeMy WebLinkAbout000120.tiff VIRGINIA SURETY COMPANY, INC.
123 NORTH WACKER DRIVE
CHICAGO, ILLINOIS 60606
VSC200
120
POLICY NUMBER: EXL 21353
VIRGINIA SURETY COMPANY, INC.
123 NORTH WACKER DRIVE
CHICAGO, ILLINOIS 60606
EXCESS LIABILITY POLICY
THIS IS A CLAIMS MADE POLICY
DECLARATIONS
Item 1. NAMED INSURED AND MAILING ADDRESS:
Colorado Counties Casualty and Property Pool (see
Endorsement 1. )
1177 Grant Street
Denver, Colorado 80203
Item 2. POLICY PERIOD: July 1, 1988 to July 1, 1989
12: 01 A.M. (M.D.T. )
Item 3. PREMIUM: $500, 000 .
Item 4. SELF-INSURED RETENTION: $250,000 ULTIMATE NET LOSS
each and every ACCIDENT
Item 5. LIMIT OF LIABILITY: $750,000 ULTIMATE NET LOSS each
ACCIDENT
Item 6. RETROACTIVE DATE: July 1, 1986 (See Endorsement 8. )
Item 7. FORMS ATTACHED AT INCEPTION:
Manuscript Form, Endorsements 1-12 inclusive and
Amendatory Endorsement Disclosure Form (Claims-Made
Policy)
Countersigned by:
Authorized Representative
POLICY NUMBER: EXL 21353
VIRGINIA SURETY COMPANY, INC.
123 NORTH WACKER DRIVE
CHICAGO, ILLINOIS 60606
(herein the "COMPANY" )
EXCESS LIABILITY POLICY
THIS IS A CLAIMS MADE POLICY
THIS POLICY IS NOT SUBJECT TO THE TERMS
AND CONDITIONS OF ANY OTHER POLICIES
IT SHOULD BE READ CAREFULLY
In consideration of the payment of premium and in reliance upon
the statements in the DECLARATIONS made a part hereof and subject
to the LIMIT OF LIABILITY, EXCLUSIONS, CONDITIONS, and other
terms of this POLICY, the COMPANY agrees with the NAMED INSURED,
named in the DECLARATIONS, to provide coverage as follows:
INSURING AGREEMENTS
I . COVERAGE
The COMPANY agrees to indemnify the NAMED INSURED for
ULTIMATE NET LOSS for liability imposed by law or otherwise as
agreed herein, or as assumed by the NAMED INSURED under contract
or agreement to a PARTICIPATING MEMBER COUNTY, in respect of any
CLAIM made during the POLICY PERIOD for:
1. PERSONAL INJURY, including death at any time resulting
therefrom; or
2. PROPERTY DAMAGE,
resulting from an ACCIDENT on or after the RETROACTIVE DATE in
the DECLARATIONS.
II. LIMIT OF LIABILITY
The COMPANY shall only be liable for ULTIMATE NET LOSS in
excess of the SELF-INSURED RETENTION stated in the DECLARATIONS
and in no event for ULTIMATE NET LOSS in excess of the LIMIT OF
LIABILITY stated in the DECLARATIONS.
Regardless of the number of CLAIMS made against the NAMED
INSURED or a PARTICIPATING MEMBER COUNTY or number of PARTICI-
PATING MEMBER COUNTIES against which CLAIMS are made, the
COMPANY' s LIMIT OF LIABILITY in respect of each ACCIDENT shall
not exceed the LIMIT OF LIABILITY stated in the DECLARATIONS.
DEFINITIONS
1. "ACCIDENT" - means an event or occurrence, including contin-
uous or repeated exposure to the same general conditions,
which commences on or after the RETROACTIVE DATE in the
DECLARATIONS and which results in PERSONAL INJURY and/or
PROPERTY DAMAGE as those terms are defined herein. In the
event the same general conditions give rise to more than one
CLAIM, the date upon which the same general conditions com-
menced shall be considered the date of loss, in which case
the PERSONAL INJURY and/or PROPERTY DAMAGE, regardless of
whether suffered by more than one individual person or indi-
vidual entity, shall be treated as resulting from one ACCI-
DENT.
2. "CLAIM" - means any formal or written demand for monetary
relief against the NAMED INSURED or a PARTICIPATING MEMBER
COUNTY, or circumstances from which the NAMED INSURED or a
PARTICIPATING MEMBER COUNTY reasonably believes a formal or
written demand for monetary relief will be forthcoming, but
only if the NAMED INSURED or a PARTICIPATING MEMBER COUNTY
becomes aware of such during the POLICY PERIOD and written
notice is provided to the COMPANY during the POLICY PERIOD
or no later than sixty ( 60 ) days following non-renewal or
cancellation.
3 . "CONTAMINATION" - means any unclean or unsafe or damaging or
injurious or unhealthful condition arising out of the
presence of POLLUTANTS, whether permanent or transient in
any ENVIRONMENT.
4. "ENVIRONMENT" - means any person, any manmade object or
feature, animals, crops and vegetation, land, bodies of
water, underground water or water table supplies, air and
any other feature of the earth or its atmosphere, whether or
not altered, developed or cultivated, including, but not
limited to any of the above, owned, controlled, or occupied
by a PARTICIPATING MEMBER COUNTY.
5. "NAMED INSURED" - means the entity stated in Item 1. of the
DECLARATIONS and its elected and appointed officials,
trustees, directors , officers, employees, agents and
volunteers, but only to the extent such individuals are
acting within the scope of their official duties with the
NAMED INSURED.
6. "PARTICIPATING MEMBER COUNTY" - means:
(a) a legal public entity participating in the Colorado
Counties Casualty and Property Pool, but limited only
to the counties listed in Endorsement 1. to this
-2-
POLICY, and coverage for additional counties must be
requested in writing to the COMPANY and specifically
endorsed hereon;
(b) its elected and appointed officials, trustees,
directors, officers, district attorneys and their as-
sistants, employees, agents and volunteers, but only to
the extent such individuals are acting within the scope
of their official duties with a PARTICIPATING MEMBER
COUNTY; and,
(c) any person while using an automobile owned or hired by
a PARTICIPATING MEMBER COUNTY and any person or
organization legally responsible for the use thereof,
provided the actual use of the automobile is for or on
behalf of a PARTICIPATING MEMBER COUNTY and within the
scope and permission thereof, and to include any
official, trustee or employee of a PARTICIPATING MEMBER
COUNTY with respect to the use of non-owned automobiles
in the business of a PARTICIPATING MEMBER COUNTY.
This POLICY with respect to any person or organization
other than a PARTICIPATING MEMBER COUNTY does not
apply:
1 . 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;
2. to any employee of a PARTICIPATING MEMBER COUNTY
with respect to injury to or sickness, disease or
death of another employee of the same PARTICIPA-
TING MEMBER COUNTY injured in the course of such
employment in an accident arising out of the main-
tenance or use of an automobile in the business of
such employer;
3 . with respect to any hired automobile, to the owner
or a lessee thereof, other than a PARTICIPATING
MEMBER COUNTY, nor to any agent or employee of
such owner or lessee; or ,
7. "PERSONAL INJURY" - means :
(a) bodily injury, mental injury, mental anguish, shock ,
sickness, disease, disability, false arrest, false
imprisonment, wrongful eviction, detention, malicious
prosecution, discrimination, humiliation, invasion of
the right of privacy, libel, slander, defamation of
character , piracy and any infringement of copyright or
of property, erroneous service of civil papers, viola-
tion of civil rights, assault and battery, and dispar-
agement of property; or
-3-
(b) bodily injury arising out of the rendering of or
failure to render medical services or attention to any
person or persons (other than employees of a PARTICI-
PATING MEMBER COUNTY injured during the course of their
employment) by any duly qualified and licensed emer-
gency medical technicians, paramedics, nurses, and
medical doctors (but with respect to medical doctors
limited to their duties as a coroner ) , but only while
employed by or acting on behalf of a PARTICIPATING
MEMBER COUNTY.
S. "POLLUTANTS" - means smoke, vapors, soot, fumes, acids,
sounds, alkalies, chemicals, liquids, solids, gases, thermal
pollutants, and all other irritants or contaminants.
9 . "PROPERTY DAMAGE" - means:
(a) physical injury to or destruction of tangible property,
including the loss of use resulting therefrom; or
(b) loss of use of tangible property which has not been
physically injured or destroyed,
but excluding damage to property owned by the NAMED INSURED
or by a PARTICIPATING MEMBER COUNTY, except for damage to
the property of others in the care, custody or control of
the NAMED INSURED or a PARTICIPATING MEMBER COUNTY, but only
to the extent no other insurance is available to the NAMED
INSURED or a PARTICIPATING MEMBER COUNTY.010 "HEALTH PROFESSIONAL SERVICES" - means the rendering or
failure to render by the NAMED INSURED or a PARTICIPATING
MEMBER COUNTY or any person or organization acting on their
behalf, the following:
(a) medical, surgical, dental or nursing treatment,
including the furnishing of food or beverages in
connection therewith;
(b) furnishing or dispensing of drugs or medical, dental or
surgical supplies or appliances ;
(c) service by any person or committee or entity as part of
a formal accreditation or similar professional board or
committee or as a person or committee or entity charged
with the duty of executing directives of any such board
or committee;
11. "ULTIMATE NET LOSS" - means the total sums which the NAMED
INSURED or a PARTICIPATING MEMBER COUNTY becomes obligated
to pay by reason of PERSONAL INJURY and/or PROPERTY DAMAGE,
either through adjudication or compromise, after making
proper deductions for all recoveries and salvages from other
-4-
parties, and shall also include hospital , medical, and
funeral charges, and all sums paid as salaries, wages , com-
pensation, fees, charges and all legal costs, premiums on
attachment or appeal bonds , interest, expenses for doctors ,
lawyers, nurses and investigators, and for litigation, set-
tlement, adjustment and investigation of claims and suits
covered hereunder , excluding only the salaries of the NAMED
INSURED' s or a PARTICIPATING MEMBER COUNTY' s employees. The
fees, charges and expenses for SELF INSURERS SERVICES, INC.
are specifically excluded and are to be paid by the NAMED
INSURED in addition to its SELF-INSURED RETENTION.
EXCLUSIONS
THIS POLICY DOES NOT APPLY:
1 . to any CLAIM or potential CLAIM or ACCIDENT or circumstances
for which the NAMED INSURED or a PARTICIPATING MEMBER COUNTY
has provided notice to any other insurance company before
the POLICY PERIOD in the DECLARATIONS.
2 . to any CLAIM resulting from an ACCIDENT which occurred or
commenced prior to the RETROACTIVE DATE in the DECLARATIONS .
3 . to liability of the NAMED INSURED or a PARTICIPATING MEMBER
COUNTY for assault and battery committed by or at the
direction of the NAMED INSURED or a PARTICIPATING MEMBER
COUNTY except ( i ) liability for PERSONAL INJURY resulting
from any act alleged to be assault and battery but committed
for the purpose of preventing injury to persons or damage to
property or ( ii ) liability arising out of corporal
punishment.
4. except with respect to operations performed by independent
contractors, to liability arising out of the ownership,
maintenance or use, including loading or unloading, of air-
craft or watercraft over 25 feet in length.
5. to 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 fis-
sion 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.
6 . to any liability or expenses arising out of sexual or physi-
cal abuse or molestation or allegations of sexual or physi-
cal abuse or molestation of any person involving physical
-5-
contact or alleged physical contact by an employee, agent or
official of the NAMED INSURED or a PARTICIPATING MEMBER
COUNTY.
7 . to liability arising out of the rendering or failure to
render HEALTH PROFESSIONAL SERVICES at any hospital or
medical clinic.
8 . to any obligation or liability for which the NAMED INSURED
or a PARTICIPATING MEMBER COUNTY or any of their insurers
may be held liable under any workers or unemployment
compensation, occupational disease, disability benefits or
similar law, provided however that this exclusion does not
apply to the liability of others assumed by the NAMED
INSURED or a PARTICIPATING MEMBER COUNTY under contract .
9 . to any liability of the NAMED INSURED or a PARTICIPATING
MEMBER COUNTY arising out of the operation of an airport or
similar facility, whether owned or non-owned, except with
respect to the maintenance of any buildings, premises or
grounds incidental thereto.
10 . to liability arising out of or in any way related to:
(a) the CONTAMINATION of any ENVIRONMENT by POLLUTANTS that
are introduced at any time, anywhere, in any way;
(b) any PERSONAL INJURY, PROPERTY DAMAGE, costs or other
loss or damage arising out of such CONTAMINATION, in-
cluding, but not limited to, cleaning, remedying or
detoxifying such CONTAMINATION; or
(c) payment of sums related to the 1) investigation or
defense of any loss, injury or damage or 2) payment of
any cost, fine or penalty or 3) payment of any expense
involving a claim or suit related to any of the above.
11. to PERSONAL INJURY or PROPERTY DAMAGE arising out of or in
any way related to:
(a) inhaling, ingesting or prolonged physical exposure to
asbestos or goods or products containing asbestos ;
(b) the use of asbestos in constructing or manufacturing
any good, product or structure;
(c) the removal of asbestos from any good, product or
structure;
(d) the manufacture, transportation, storage or disposal of
asbestos or goods or products containing asbestos; or
(e) the payment of sums related to the 1) investigation or
defense of any loss, injury or damage or 2) payment of
-6-
any cost, fine or penalty or 3 ) payment of any expense
involving a claim or suit related to any of the above.
12 . to liability arising out of or in any way related to:
(a) the auditing of accounts or records of others;
(b) the operation of an investment or real estate
department or committee; or
(c) any capacity as a fiduciary or trustee for mutual
funds, pension or welfare funds, or similar activities.
CONDITIONS
1. CROSS LIABILITY: In the event of claims being made by rea-
son of PERSONAL INJURY and/or PROPERTY DAMAGE suffered by
any employee of the NAMED INSURED or a PARTICIPATING MEMBER
COUNTY herein for which another PARTICIPATING MEMBER COUNTY
is or may be liable, then this POLICY shall cover the NAMED
INSURED and each PARTICIPATING MEMBER COUNTY in the same
manner as if separate policies had been issued to each
PARTICIPATING MEMBER COUNTY. Nothing contained herein shall
operate to increase the COMPANY ' s LIMIT OF LIABILITY stated
in the DECLARATIONS and the COMPANY ' S LIMIT OF LIABILITY
shall in no event exceed this amount in respect of each
ACCIDENT.
2. NOTICE OF CLAIM: Notice must be given to the COMPANY c/o
SELF INSURERS SERVICES, INC. , 1177 Grant Street, Denver, CO
80203, as soon as practicable whenever the NAMED INSURED or
a PARTICIPATING MEMBER COUNTY has reason to believe that a
CLAIM will be forthcoming.
3 . NOTICE OF POTENTIAL CLAIMS: If SELF INSURERS SERVICES, INC.
receives notification during the POLICY PERIOD in the DECLA-
RATIONS or within 60 (sixty) days thereafter, of an ACCIDENT
which occurs or commences during the POLICY PERIOD in the
DECLARATIONS, the COMPANY will treat any CLAIM made against
the NAMED INSURED or a PARTICIPATING MEMBER COUNTY as made
on the date on which the notification was received by the
COMPANY c/o SELF INSURERS SERVICES, INC. or the expiration
date of the POLICY PERIOD, whichever is earlier .
4. INSPECTIONS AND AUDIT: The COMPANY or their duly authorized
representatives shall be permitted at all reasonable times
during the POLICY PERIOD and within thirty-six ( 36) months
thereafter , to inspect the premises used by the NAMED
INSURED or a PARTICIPATING MEMBER COUNTY and to examine
-7-
their books or records so far as they relate to coverage
afforded by this POLICY and any CLAIMS made hereunder .
5 . CANCELLATION: This POLICY may be cancelled as of any anni-
versary date by either the COMPANY or the NAMED INSURED upon
written notice to the other party, provided said notice is
issued at least ninety ( 90) days prior to the said anniver-
sary.
Notwithstanding the aforementioned to the contrary, in the
event of non-payment of premium by the NAMED INSURED, the
COMPANY may give ten ( 10) days notice of cancellation in
writing to the NAMED INSURED and all coverage will terminate
ten (10 ) days after the mailing of such notice.
If the period of limitation relating to the giving of notice
is prohibited or made void by any law controlling the con-
struction of this policy, such period shall be deemed to be
amended so as to be equal to the minimum period of limita-
tion permitted by such law and all other provisions of this
CONDITION 5 . shall remain valid and in effect .
No cancellation or termination of this POLICY whether by or
at the request of the NAMED INSURED or by the COMPANY, shall
take effect prior to the expiration of ninety ( 90 ) days
after written notice of such cancellation or termination is
sent by registered mail to the Commissioner of Insurance,
State of Colorado, First Western Plaza, 303 W. Colfax
Avenue, Suite 500 , Denver , Colorado 80204, unless an earlier
date of such cancellation or termination is approved by said
Commissioner of Insurance, State of Colorado.
6 . EXTENDED REPORTING PERIOD: In the event of cancellation by
the COMPANY under CONDITION 5 . , the NAMED INSURED, upon
payment of an ADDITIONAL PREMIUM of not more than 100% of
the total expiring premium shall have the right to extend
the period whereby a CLAIM is treated by the COMPANY as made
on the expiration date of this POLICY for a period of
twenty-four ( 24) months, but any such CLAIM must arise from
an ACCIDENT occurring and commencing prior to the date on
which the extended reporting period commenced, during the
POLICY PERIOD in the DECLARATIONS and after the RETROACTIVE
DATE.
7 . OTHER INSURANCE: If the NAMED INSURED or a PARTICIPATING
MEMBER COUNTY has other insurance against loss covered by
this POLICY, the COMPANY shall be liable under the terms of
this POLICY only as excess of the coverage provided by such
other insurance.
8. CLAIMS HANDLING AND DEFENSE OF LITIGATION: The COMPANY
shall have the right and opportunity but not the obligation
to be associated with the NAMED INSURED or a PARTICIPATING
MEMBER COUNTY in the defense of any claims, suits or
-8-
proceedings relative to an ACCIDENT covered under this
POLICY and the NAMED INSURED or PARTICIPATING MEMBER COUNTY
and the COMPANY shall cooperate to the fullest extent
possible.
9 . LOSS PAYMENTS: When it has been determined that the COMPANY
is liable under this POLICY, the COMPANY shall thereafter
promptly reimburse the NAMED INSURED for its payments made
in excess of the SELF-INSURED RETENTION in the DECLARATIONS.
10 . APPEAL: In the event the NAMED INSURED and the COMPANY are
unable to agree to the advisability of appealing any judg-
ment covered under this POLICY, a disinterested and mutually
agreed upon attorney shall be retained and directed to
render a written recommendation concerning such appeal .
Such written recommendation shall be binding on both the
NAMED INSURED and the COMPANY. The fees and expenses of
this attorney shall be borne equally by both parties.
11. SUBROGATION: The COMPANY shall be subrogated to all rights
which the NAMED INSURED and/or a PARTICIPATING MEMBER COUNTY
may have against any person or other entity in respect to
any claim or payment made under this POLICY, and the NAMED
INSURED and/or a PARTICIPATING MEMBER COUNTY shall execute
all papers required by the COMPANY and shall cooperate to
secure the COMPANY' s rights. In the event of any reimburse-
ment obtained or recovery by the NAMED INSURED and/or a
PARTICIPATING MEMBER COUNTY or the COMPANY on account of any
loss covered by this POLICY, the net amount of such reim-
bursement or recovery, after deducting the actual cost of
obtaining or making the same, shall be first applied in the
following order :
(a) amount of covered loss which exceeds the LIMIT OF LIA-
BILITY shall be reimbursed to the NAMED INSURED and/or
a PARTICIPATING MEMBER COUNTY.
(b) to reduce the COMPANY ' s loss until the COMPANY is fully
reimbursed for any payments under this POLICY.
(c) to reduce the NAMED INSURED' s and/or PARTICIPATING
MEMBER COUNTY' s loss within the SELF-INSURED RETENTION.
Notwithstanding the foregoing, the parties can otherwise
agree to a different allocation of expenses in connection
with seeking reimbursement or recovery and the distribution
of any reimbursement or recovery, such agreement to be in
writing.
12 . WAIVER OF SUBROGATION: This POLICY shall not be invalidated
if the NAMED INSURED or a PARTICIPATING MEMBER COUNTY by
written agreement has waived or shall waive its right of
-9-
recovery from any party for loss or damage covered here-
under ; provided, that any such waiver is made prior to the
occurrence of said loss or damage.
13 . CONFLICTING STATUTES: In the event that any provision of
this POLICY is unenforceable under the laws or statutes of
any state of competent jurisdiction, this POLICY shall be
conformed to comply with any such laws or statutes .
14. ASSIGNMENT: Assignment of interest under this POLICY shall
not bind the COMPANY unless its consent is obtained in
writing.
15 . CHANGES: By acceptance of this POLICY the NAMED INSURED
agrees that it embodies all agreements existing between the
NAMED INSURED and the COMPANY or any of its agents relating
to this POLICY. None of the provisions , conditions or other
terms of this POLICY 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 POLICY.
16 . TERRITORY: This POLICY applies to suits brought in the
United States of America and its territories .
17 . SERVICE ORGANIZATION: This POLICY is issued to the NAMED
INSURED on the express condition that the NAMED INSURED
undertakes to utilize at all times the services of SELF
INSURERS SERVICES, INC. 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 SELF
INSURERS SERVICES, INC. , and perform the notice and
reporting requirements to the COMPANY under the terms
of this POLICY.
(b) maintain accurate records of all reported claims and
details incident to loss and expense payments.
(c) furnish loss prevention and consulting services, and
recommend and implement controls and monitor loss pre-
vention programs .
(d) furnish monthly claims records on an approved form.
The utilization of these services shall be a condition
precedent to any liability which may attach to the COMPANY
in accordance with the terms and CONDITIONS of this POLICY.
18 . BANKRUPTCY AND INSOLVENCY: In the event of the bankruptcy
or insolvency of the NAMED INSURED, the COMPANY shall not be
relieved of the payment of any claims otherwise covered
hereunder because of such bankruptcy or insolvency,
-10-
including but not limited to any obligations of the NAMED
INSURED to a PARTICIPATING MEMBER COUNTY.
19 . MAINTENANCE OF SELF-INSURED RETENTION: The amount stated in
Item 4 . of the DECLARATIONS as the SELF-INSURED RETENTION
applicable to each and every CLAIM shall be maintained
intact and be the responsibility of the NAMED INSURED except
for any reduction thereof solely by payment for PERSONAL
INJURY or PROPERTY DAMAGE as definedd and otherwise covered
by this POLICY. The failure of the NAMED INSURED to comply
with this CONDITION 19 . will not render the COMPANY liable
for a greater amount than it would have been liable had the
NAMED INSURED complied herewith.
The failure of the NAMED INSURED to maintain the SELF-
INSURED RETENTION, including but not limited to the
insolvency, bankruptcy, liquidation or failure of an
underlying insurer to pay on behalf of the NAMED INSURED or
a PARTICIPATING MEMBER COUNTY, will not impose any
liability, contractually or otherwise, upon the COMPANY to
assume the defense or incur any expenses on behalf of the
NAMED INSURED or any PARTICIPATING MEMBER COUNTY under this
POLICY.
-11-
PARTICIPATING MEMBER COUNTIES ENDORSEMENT
(Endorsement 1 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy
No. EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PRO-
PERTY POOL. The effective date of this endorsement is July 1,
1988 .
It is also understood and agreed that the PARTICIPATING MEMBER
COUNTIES hereunder are as follows:
ALAMOSA ELBERT LAS ANIMAS RIO BLANCO
ARCHULETA FREMONT LINCOLN RIO GRANDE
BACA GARFIELD LOGAN ROUTT
BENT GILPIN MINERAL SAGUACHE
CHAFFEE GRAND MONTROSE SAN JUAN
CHEYENNE GUNNISON MORGAN SEDGWICK
CLEAR CREEK HINSDALE OTERO SUMMIT
CONEJO HUERFANO OURAY TELLER
COSTILLA JACKSON PARK WASHINGTON
CROWLEY KIOWA PHILLIPS WELD
DOLORES KIT CARSON PITKIN YUMA
DOUGLAS LAKE PROWERS
EAGLE LA PLATA PUEBLO
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
ERRORS AND OMISSIONS ENDORSEMENT
(Endorsement 2 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy No.
EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY
POOL. The effective date of this endorsement is July 1, 1988 .
The COMPANY agrees, subject to the terms and conditions herein,
to indemnify the NAMED INSURED for liability imposed upon the
NAMED INSURED or for the liability of the NAMED INSURED to a PAR-
TICIPATING MEMBER COUNTY by law or otherwise agreed upon result-
ing from any CLAIM made during the POLICY PERIOD by reason of an
act, error or omission, committed or alleged to have been commit-
ted by a lawfully elected or appointed official, trustee, direc-
tor or council member of a PARTICIPATING MEMBER COUNTIES, but
only while acting in that capacity.
IT IS FURTHER agreed:
( 1) There shall be no coverage hereunder for any CLAIM made for
any act, error or omission committed or alleged to have been
committed prior to the RETROACTIVE DATE.
( 2) In the event of non-renewal or termination of this POLICY,
then this POLICY shall extend to apply to claims made during
the twelve ( 12 ) calendar months immediately following such
non-renewal or termination, but only for any act, error or
omission, committed or alleged to have been committed after
July 1, 1986 and prior to such non-renewal or termination
date.
( 3) The COMPANY shall not be liable to make payment for loss in
connection with any CLAIM made against the NAMED INSURED or
a PARTICIPATING MEMBER COUNTY or any of their officials ,
trustees, directors or council members, if a judgment or
final adjudication in any such CLAIM brought shall be based
on a determination that acts of fraud or dishonesty were
committed by its officials, trustees, directors or council
members.
LIMIT OF LIABILITY
Notwithstanding anything in this POLICY to the contrary, it
is understood and agreed that the LIMIT OF LIABILITY for the
coverage provided by this Endorsement 2. is limited to $750,000
for each CLAIM but in no event more than $750,000 in the aggre-
gate for any and all such claims brought against the NAMED
INSURED or for any and all such claims brought against each
PARTICIPATING MEMBER COUNTY and its officials, trustees, direc-
tors and council members .
It is further understood and agreed that the LIMIT OF LIA-
BILITY of the COMPANY under this Endorsement 2 . shall in no event
exceed $750 , 000 in the aggregate for each PARTICIPATING MEMBER
COUNTY and NAMED INSURED regardless of the number of CLAIMS, and
shall in no event exceed $750, 000 regardless of the number of
PARTICIPATING MEMBER COUNTIES and/or NAMED INSUREDS in the event
more than one CLAIM arises from a series of related acts , errors
or omissions .
The coverage hereunder will only apply in excess of the
SELF-INSURED RETENTION stated in the DECLARATIONS.
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its :
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its :
-2-
EMPLOYEE BENEFITS LIABILITY ENDORSEMENT
(Endorsement 3 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy
No. EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PRO-
PERTY POOL. The effective date of this endorsement is July 1 ,
1988 .
In further consideration of the premium paid and subject to the
terms , exclusions and definitions hereinafter mentioned, the
COMPANY agrees to indemnify the NAMED INSURED for all sums which
the NAMED INSURED shall become obligated to pay on its behalf or
to pay a PARTICIPATING MEMBER COUNTY as a result of the ADMIN-
ISTRATION of an EMPLOYEE BENEFITS PROGRAM as defined herein and
caused by any act, error or omission of the NAMED INSURED or a
PARTICIPATING MEMBER COUNTY or any other person for whose acts
the NAMED INSURED or an PARTICIPATING MEMBER COUNTY is legally
liable, provided such act, error or omission occurs during the
POLICY PERIOD and then only if CLAIM is made and reported to the
COMPANY during the POLICY PERIOD or within one year after the end
of the POLICY PERIOD.
EXCLUSIONS:
This POLICY does not apply under this endorsement :
(a) to any dishonest, fraudulent, criminal or malicious
act, libel, slander, discrimination or humiliation;
(b) to PERSONAL INJURY or PROPERTY DAMAGE ( including the
loss of use thereof) ;
(c) to any claim for failure of performance of contract by
any insurer or plan administrator, including but not
limited to the failure or insolvency of any EMPLOYEE
BENEFIT PROGRAM;
(d) to any claim based upon the failure to comply with any
law concerning workers ' compensation, unemployment
insurance, social security or disability benefits ;
(e) to any claim based upon:
( 1) the failure of stock or other securities or
investments to perform as represented by the NAMED
INSURED or a PARTICIPATING MEMBER COUNTY or their
representative;
( 2) advice given by the NAMED INSURED or a PARTICIPAT-
ING MEMBER COUNTY or their representative to an
employee to participate or not to participate in
stock subscription plans;
( 3 ) the investment or non-investment of funds; or
( 4 ) 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.
DEFINITIONS:
As used in this endorsement :
(a) "EMPLOYEE BENEFIT PROGRAM" - means group life insur-
ance, 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" - means :
( 1) giving counsel to employees with respect to an
EMPLOYEE BENEFIT PROGRAM;
( 2) interpreting an EMPLOYEE BENEFIT PROGRAM;
( 3) handling of records in connection with AN EMPLOYEE
BENEFIT PROGRAM;
( 4) effecting enrollment, termination or cancellation
of employees under an EMPLOYEE BENEFIT PROGRAM;
provided all such acts are authorized by the NAMED
INSURED or a PARTICIPATING MEMBER COUNTY.
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its :
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its :
-2-
NON-OWNED AIRCRAFT ENDORSEMENT
(Endorsement 4 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy
No. EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PRO-
PERTY POOL. The effective date of this endorsement is July 1,
1988 .
It is understood and agreed that this POLICY applies to Aircraft
used by and solely on behalf of the NAMED INSURED or a PARTICI-
PATING MEMBER COUNTY, provided the NAMED INSURED or PARTICIPATING
MEMBER COUNTY:
(a) has no ownership interest in the aircraft as owner in
whole or in part.
(b) exercises no part in the servicing or maintenance of
the aircraft.
(c) exercises no part in the appointment or provision of
personnel for the operation of the aircraft.
This Endorsement 4. does not apply:
(a) to liability arising out of any product manufactured,
sold, handled or distributed by the NAMED INSURED or a
PARTICIPATING MEMBER COUNTY.
(b) to any aircraft having a seating capacity, including
crew, in excess of the number advised to the COMPANY
prior to coverage being afforded hereunder .
(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 INSURED or a
PARTICIPATING MEMBER COUNTY for hire or reward.
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its :
WATERCRAFT LIABILITY ENDORSEMENT
(Endorsement 5 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy
No. EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PRO-
PERTY POOL. The effective date of this endorsement is July 1,
1988 .
It is hereby understood and agreed what EXCLUSION 4 . does not
apply with respect to the ownership, maintenance or use, includ-
ing loading and unloading of any watercraft by the NAMED INSURED
or a PARTICIPATING MEMBER COUNTY, but the insurance with respect
to said watercraft does not apply while said watercraft is used
to carry persons for hire or is rented to others .
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its :
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
COLORADO GOVERNMENTAL IMMUNITY ACT ENDORSEMENT
(Endorsement 6 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy
No. EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PRO-
PERTY POOL. The effective date of this endorsement is July 1,
1988 .
It is hereby understood and agreed that coverage will apply to
claims and actions for which immunity is not available under , or
is waived by the NAMED INSURED or by a PARTICIPATING MEMBER
COUNTY, the Colorado Governmental Immunity Act, as amended from
time to time, and to defense and supplementary payments only, as
defined in this POLICY, for such claims and actions . Notwith-
standing any such waiver of the Colorado Governmental Immunity
Act, as amended from time to time, must be approved by the COM-
PANY for coverage to attach in excess of the applicable immunity
limits.
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its :
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
UNINSURED/UNDERINSURED MOTORISTS COVERAGE
(Endorsement 7 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy
No. EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PRO-
PERTY POOL. The effective date of this endorsement is July 1,
1988 .
It is hereby understood and agreed that the NAMED INSURED and all
PARTICIPATING MEMBER COUNTIES have agreed to reject any and all
uninsured motorists coverage ( including underinsured motorists
coverage) .
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its :
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
RETROACTIVE DATE ENDORSEMENT
(Endorsement 8 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy
No. EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PRO-
PERTY POOL. The effective date of this endorsement is July 1,
1988 .
It is understood and agreed that Item 6 . RETROACTIVE DATE of the
DECLARATIONS with respect to the following PARTICIPATING MEMBER
COUNTIES shall be as follows :
RETROACTIVE DATE PARTICIPATING MEMBER COUNTY
(a) January 15, 1986 Weld County
(b) February 16 , 1987 Cheyenne County
(c) April 1, 1987 Lake County
(d) July 1, 1987 Grand County
(e) July 1, 1987 Montrose County
( f) July 1, 1987 Fremont County
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its :
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its :
COLORADO - SPECIAL AMENDATORY ENDORSEMENT (per H.B, 1204 )
(Endorsement 9 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy
No. EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PRO-
PERTY POOL. The effective date of this endorsement is July 1 ,
1988.
It is hereby agreed that the COMPANY, upon the request of the
NAMED INSURED and within thirty ( 30 ) days thereafter, shall
supply sufficient information to the NAMED INSURED about closed
or paid claims, claims for which the COMPANY has established
reserves and claims for which the COMPANY has received notices of
incidents which could give rise to claims .
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its :
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its :
PERSONAL INJURY PROTECTION ENDORSEMENT
(Endorsement 10 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy
No. EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PRO-
PERTY POOL. The effective date of this endorsement is July 1,
1988.
In consideration for the premium charged, it is hereby understood
and agreed that this POLICY is extended to afford Personal Injury
Protection coverage in accordance with the standard Endorsement
CA2203 (01-87) (or as may be amended in accordance with the
Colorado Automobile Reparations Act) in current use on the afore-
mentioned date.
In consequence of the foregoing, the amount of ULTIMATE NET LOSS
afforded by this POLICY policy is deemed to have the following
maximum limits which will apply for all purposes.
Benefits Limit Per Person
Medical Expenses Up to $50 ,000
Rehabilitation expenses Up to $50 , 000
Essential Services Expenses Up to $25 per day for 52 weeks
Death Compensation $1, 000
Work Loss Up to $400 per week calculated
as follows :
100% of the first $125 of loss
of gross income per week ; plus
70% of the next $125 of loss
of gross income per week; plus
60% of any loss of gross
income in excess of $250.
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its :
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
HOST LIQUOR/DRAMSHOP ACT COVERAGE
(Endorsement 11 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy No.
EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY
POOL. The effective date of this endorsement is July 1, 1988 .
It is hereby understood and agreed, subject to the terms,
CONDITIONS, EXCLUSIONS and LIMIT OF LIABIILTY contained within
this POLICY, that coverage is afforded hereunder for PERSONAL
INJURY and PROPERTY DAMAGE for any claim arising out of Host
Liquor Liability or Dramshop Act Liability.
It is further understood and agreed that this Endorsement 11. is
neither intended nor should it be construed to waive any
immunities or limitations, including but not limited to common
law or statutory defenses, available to the NAMED INSURED,
PARTICIPATING MEMBER COUNTIES and/or the COMPANY.
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY AND
PROPERTY POOL
By:
Its :
FAILURE TO SUPPLY EXCLUSION-UTILITIES
(Endorsement 12 . )
In consideration of the premium paid, it is understood and agreed
that this endorsement attaches to and forms part of Policy No.
EXL 21353 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY
POOL. The effective date of this endorsement is July 1, 1988 .
This insurance does not apply to any liability arising out of the
failure of a PARTICIPATING MEMBER COUNTY to adequately supply
gas, water, electricity, steam or solar power , or telephone
service.
All other terms and conditions remain unchanged.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its :
DATED: COLORADO COUNTIES CASUALTY AND
PROPERTY POOL
By:
Its:
COLORADO COUNTIES AMENDATORY ENDORSEMENT
DISCLOSURE FORM
CLAIMS- MADE POLICY
IMPORTANT NOTICE TO POLICYHOLDER
(CLAIMS-MADE BODILY INJURY AND PROPERTY DAMAGE COVERAGE)
THIS DISCLOSURE FORM IS NOT YOUR POLICY. IT MERELY DESCRIBES
SOME OF THE MAJOR FEATURES OF OUR CLAIMS MADE POLICY FORM. READ
YOUR POLICY CAREFULLY TO DETERMINE RIGHTS, DUTIES, AND WHAT IS
AND IS NOT COVERED. ONLY THE PROVISIONS OF YOUR POLICY DETERMINE
THE SCOPE OF YOUR INSURANCE PROTECTION.
Your policy is a claims-made policy. It applies only to PERSONAL
INJURY or PROPERTY DAMAGE that occurs after the RETROACTIVE DATE
and before the end of the POLICY PERIOD. It applies only to
claims made after the inception date and before the end of the
POLICY PERIOD. Upon termination of this POLICY, an EXTENDED
REPORTING PERIOD may be available.
OCCURRENCE VS. CLAIMS-MADE
There is no difference in the kinds of PERSONAL INJURY and
PROPERTY DAMAGE covered by either an "occurrence" policy or a
"claims-made" policy. Claims for damages may be assigned to
different policies, however, depending on which policy you have
purchased.
In an "occurrence" policy, coverage is provided for liability
because of PERSONAL INJURY 'and PROPERTY DAMAGE that OCCURS DURING
THE POLICY PERIOD, no matter when the claim is made.
In your "claims-made" policy, coverage is provided for liability
because of PERSONAL INJURY and PROPERTY DAMAGE if the claim for
damages is FIRST MADE DURING THE POLICY PERIOD.
The term "CLAIM(S) " means any information that may give rise to
damages covered by this POLICY, including suits(s) brought in
connection therewith, which you become aware of and provide writ-
ten notice of same to SELF INSURERS SERVICES, INC.
Under most circumstances, a CLAIM is considered made when it is
received and recorded by SELF INSURERS SERVICES, INC. ; but
sometimes, a CLAIM may be deemed made at an earlier time. This
can happen when another CLAIM for the same PERSONAL INJURY or
PERSONAL DAMAGE has already been made, or when the CLAIM is
received and recorded during an EXTENDED REPORTING PERIOD as
described in this disclosure statement.
PRINCIPLE BENEFITS
The principle benefits and coverages are explained in detail in
your claims-made policy. Please read it carefully and consult _
your agent about any questions you might have.
EXCEPTIONS, REDUCTIONS AND LIMITATIONS
Your claims-made policy contains certain exceptions, reductions
and limitations . As an example, the time period for reporting
potential claims is limited - see CONDITIONS ( 3. ) , NOTICE OF
POTENTIAL CLAIMS.
The majority of the limitations, exceptions or reductions within
the policy form are outlined in the DEFINITIONS, CONDITIONS and
EXCLUSIONS sections of this POLICY. Please read them carefully
and consult your agent about any questions you might have.
RENEWALS, TAILS AND EXTENDED REPORTING PERIODS
Your claims-made policy has some unique features relating to
renewal, EXTENDED REPORTING PERIODS, and coverage of occurrences
with long periods of exposure. These special claims-made provi-
sions are described below:
Special "Claims-Made" Provisions
Two concepts relating to continuity of coverage under the
"claims-made" policy - and the pertinent policy provisions - are
especially important to understand.
These involve the RETROACTIVE DATE and the EXTENDED REPORTING
PERIODS.
RETROACTIVE DATE
When you have a RETROACTIVE DATE entered in the DECLARATIONS,
THERE IS NO COVERAGE FOR PERSONAL INJURY OR PROPERTY DAMAGE THAT
OCCURRED BEFORE THE RETROACTIVE DATE, EVEN IF THE CLAIM IS FIRST
MADE DURING THE POLICY PERIOD.
If there is no RETROACTIVE DATE entered in the DECLARATIONS, this
POLICY will respond only to claims first made during the POLICY
PERIOD for covered PERSONAL INJURY or PROPERTY DAMAGE, no matter
when the PERSONAL INJURY or PROPERTY DAMAGE occurred. But if
previous "occurrence" type insurance also applied to the PERSONAL
INJURY or PROPERTY DAMAGE, your "claims-made" policy' s EXTENDED
REPORTING PERIODS guarantee continuity of coverage if you are
offered a renewal or replacement policy with a later RETROACTIVE
DATE than the one in your current policy.
EXTENDED REPORTING PERIODS OF "TAILS"
When applicable, the EXTENDED REPORTING PERIODS will increase the
time within which a CLAIM may be eligible for the policy' s cover-
age. Some people call these EXTENDED REPORTING PERIODS
"tails. " This ensures that no PERSONAL INJURY or PROPERTY DAMAGE
need go uncovered because of a) cancellation or non-renewal, b)
an advanced RETROACTIVE DATE, or c) replacement with insurance
-2-
that is not on a "claims-made" basis for PERSONAL INJURY or PRO-
PERTY DAMAGE. In any of these circumstances , this POLICY pro-
vides you with a basic EXTENDED REPORTING PERIOD that has two
provisions.
The first provides a 60 Day Period beyond policy termination to
report claims for PERSONAL INJURY or PROPERTY DAMAGE occurring
during the POLICY PERIOD. The PERSONAL INJURY or PROPERTY DAMAGE
must have occurred before the end of the POLICY PERIOD, but not
before the RETROACTIVE DATE. Claims first made during this
EXTENDED REPORTING PERIOD will be considered to have been made
during the POLICY PERIOD and will be subject to the policy' s
LIMIT OF LIABILITY. There is no additional charge for this
"tail, " but it applies only if you have no other insurance for
the claim.
The second is the EXTENDED REPORTING PERIOD AMENDMENT - This
POLICY also guarantees under certain circumstances that you may
purchase an amendment providing an EXTENDED REPORTING PERIOD for
24 months . With this amendment, claims made during the EXTENDED
REPORTING PERIOD and after the expiration of the POLICY PERIOD
will be considered first made during the POLICY PERIOD, again,
provided that the PERSONAL INJURY or PROPERTY DAMAGE occurred
before the end of the POLICY PERIOD, but not before the policy ' s
RETROACTIVE DATE. Claims made, under this EXTENDED REPORTING
PERIOD, are subject to a LIMIT OF LIABILITY which is equal to the
limits of your original policy. To obtain this "tail" , you must
request the amendment in writing immediately after the end of the
POLICY PERIOD, and you must pay an additional premium.
DATED: VIRGINIA SURETY COMPANY, INC.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-3-
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(Broad Form)
1. This policy does not apply:
A. Under any Liability Coverage, to bodily injury or property damage
(1) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued
Insurance bl Association aofI'ty Canadaaor would be nce anninsured undetual r any such
ic ypoabylitby ttforr its termination upon Nuclear exhaustion of its limit of liability; or
(2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organi-
zation is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory
thereof, or (b) the insured is, or had its policy not been issued would be, entitled to indemnity from the United
States of America, or any agency thereof, under any agreement entered into by the United States of America.
or any agency thereof, with any person or organization;
B. Under any Medical Payments Coverage, or any Supplemental Payments provision rela.•i„g to tint aid, to expenses
incurred with respect to bodily injury resulting from the hazardous properties of nuclear ma:enal and arising out
of the operation of a nuclear facility by any person or organization.
C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear
material, if:
(1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (b)
has been discharged or dispersed therefrom;
(2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed,stored,
transported or disposed of by or on behalf of an insured; or
(3) the bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or
equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility,but if ritories exclusionh(3) applies)only to property damage States of
such nuclear afacilityr or possessions
facility is and any property thereat.Canada, this
2. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or by-product material;
"source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic
Energy Act of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation
in a nuclear reactor;
"waste" means any waste material (1) containing by-product material and (2) resulting from the operation by any person
or organization of any nuclear facility within the definition of nuclear facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for(1)separating the isotopes of uranium or plutonium, (2)processing
or utilizing spent fuel, or (3) handling, processing or packaging waste;
(c) any equipment or device used for processing, fabricating or alloying of special nuclear material if at any time
the total amount of such material in the custody of the insured at the premises where such equipment or device
is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof,
or more than 250 grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste,
and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises
used for such operations;
"nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction
or to contain a critical mass of fissionable material;
"property damage" includes all forms of radioactive contamination of property.
IN WITNESS WHEREOF, the Company has caused this policy to be signed by its president and secretary but this policy
shall not be valid unless countersigned by a duly authorized representative of the Company.
Secretary President
Hello