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Home My WebLink About000122.tiff J COLORADO COUNTIES CASUALTY & PROPERTY POOL 1990/91 LIABILITY POLICY 122 American International Companies 1225 17th St. Cable Address Suite 2770 'Amintersur' Denver, Colorado 80202 303/295-7111 Telex -45-4425 September 27, 1990 Colorado Counties Casualty and Property Pool 1177 Grant Street Denver, CO 80203 Re: Policy No. 426 27 90 Excess Liability Dear Policyholder, Thank you for placing your business with American International Companies and for choosing Rollins, Burdick, Hunter as your insurance representative. Your choice has reflected your confidence in us, and we will strive to uphold that trust. Sincerely yours, Gretchen Simone Branch Manacer American Home - Excess Casualty GS 'is cc: Bi!I Stankevitz, Rollins, Burdick. Hunter •A CAPITAL STOCK COMPANY NATIONAL UNION I ��(j� �`� FIRE INSURANCE COMPANY ' ___ G OF PITTSBURGH PA. h1C Administrative Offices t %Ot ECr'o., 70 Pine Street New York, N.Y. 10270 POLICY NO. 426 27 90 SI The Company agrees with the Insured named below, in consideration of the pre— H mium paid and subject to all the terms and conditions set forth below that the insurance afforded . by this policy shall follow all the terms and conditions of Policy Number N/A issued by including all renewals and rewrites thereof. -' Self Insured Fund L� NAMED INSURED. Colorado Coracles Casualty and Property Pool OI (See Endorsement #1 ) ?-'4I 0 ADDRESS: 1177 Grant Street r?! Denver, Colorado 80203 '=' a: POLICY PERIOD. July 1 , 1990 To July 1 , 1991 12:01 A.M. (M.D.T.) a mg COVERAGE: Excess Liability : ,' LIMIT OF LIABILITY: S750,000 Ultimate Net Loss each Accident excess of $250,000 i3, Ultimate Net Loss each and every Accident sn, Cjj PREMIUM. $75,000 I ti, /al RATE: 0.1 IN WITNESS ',•,-HEr,Er2F, the Company has causes this policy to be signed by its } i President and Secretary at Ne',% York. New York and countersi-red 3 du!y authorized represen— r�l tative of the Company. I i�' -' r F ,_, 4 ------- . ,..•,i6r.my 12.3 `,Crtn ,.dc.ccr 11'-ivoo ,t. Chic 3O, ?J.. COQ., _ 1_ POLICY NUMBER: 4262790 NATIONAL UNION FIRE INSURANCE COMPANY (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 . Recardless of the number of CLAIMS made against the NAMED INSURED or a PARTICIPATING MEMBER COUNTY or number of P =TICIPATING MEMBER COUNTIES against which CLAIMS are made , the COMPANY ' S LIMIT CF LIABILITY in respect of each ACCIDENT shall not exceed the LIMIT OF LIABILITY stated in the DEFINITIONS 1. "ACCIDENT" - means an event or occurrence, including continuous 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 commenced 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 individual entity, shall be treated as resulting from one ACCIDENT. 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 Casualtyand Property Pool , but limited only .. - pro to the counties listed in Endorsement 1 . to this POLICY , mustand coverage for additional counties must be roguoted in -citing to the COMPANY and specifically e: (b) its elected and appointed officials, trustees, directors, officers, district attorneys and their assistants , 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 PARTICI- PATING MEMBER COUNTY injured in the course of such employment in an accident arising out of the maintenance 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 , violation of cavil rights , assault and battery, and disparagement of property ; or (b) bodily injury arising out of the rendering of or medical services or attnticn to ( ot.her than employe ; of a PARTICIPATING MEMBER COUNTY injured during the course of their employment) by any duly qualified and licensed emergency 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 . 10 . "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 parties , and shall also include hospital , medical , and funeral charges , and all sums paid as salaries , wages , compensation, fees , charges and all legal costs , premiums on attachment or apceal bends , interest , expenses for doctors , ,vest_,at - and for 1 _t = sim n an - t _cn of claim: and • covered hereunder, excluding only the salaries of the NAMED INSURED ' s or a PARTICIPATING MEMBER COUNTY ' s employees . The fees, charges and expenses for ROLLINS BURDICK HUNTER CO. 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 aircraft 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 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 . 6 . to any liability or expenses arising out of sexual or physical abuse or molestation or allegations of sexual or physical abuse or molestation of any person involving physical contact or alleged physical contact by an employee , MED INSURED acent or official of the N?,..-� or a PARTICIPATING u l'2-R COUNT? . -6- 7 . to liability arising out of the rendering or failure to render HEALTH PROFESSIONAL SERVICES: a) which results from any surgical procedures; b) at any hospital 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 , including, 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 cr goods cr products containing asbestos ; or (e) the payment of sums related to the 1) investigation cr loss , 2 ) Went cf defe.n.so of any injury or damage or , . any cost , fine or ce.^.a: or 3 ) _ 7en7_ of any expense invoi . _n a c _,' or sui , rc _._ . od to an of th abcv�_ . 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 13 . to liability arising out of any injury to volunteer firemen. CONDITIONS 1. CROSS LIABILITY : In the event of claims being made by reason 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 ROLLINS BURDICK HUNTER CO . , 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 DECLARATIONS 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 ROLLINS BURDICK HUNTER CO . 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 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 the: the CM Ii or the NAME:th NAME: INSUE2 other party , _ cvldei said notice • is issued at least ninety (90) days prior to the said anniversary. 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 construction of this policy, such period shall be deemed to be amended so as to be equal to the minimum period of limitation 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 proceedings relative to an ACCIDENT covered under this POLICY and the NAMED INSURED cr PARTICIPATING MEMBER COUNTY and the COMPANY shall cooperate to the fullest extent possible . PAYMENTS :s When t h..s been det nea that th._ C0,.,o ;'_ �.��.) C:11. .�\� .`J 111.�.. � been L�'_��. � that _.� ' L ..._ _ u:. ± _ th _ PI.i .:l. _ , t::e CC:MPi Y shall thereafter promptly reimburse the NAMED INSURED for its payments made in excess of the SELF-INSURED RETENTION in the DECLARATIONS. 1O . APPEAL: In the event the NAMED INSURED and the COMPANY are unable to agree to the advisability of appealing any judgment 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 reimbursement 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 reimbursement 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 LIABILITY 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 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 . 13 . CONFLICTING STATUTES : In the event that any provision of this POLICY is unenforceable under the laws or statutes of any s _ .� c c� c this POLICY shall b.e_^t ;n_ _� iction , c arc__- _.. to concly with any such laws cc 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 ROLLINS BURDICK HUNTER CO. 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 ROLLINS BURDICK HUNTER CO. , 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 prevention 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, 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 NA_MED INSURED except for any reduction thereof solely by payment for PERSONAL INJURY_ _ , _ a: def : ,,,'_ and other- ise covered ty t.. of the ;1% E. INSURED to o :ply 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. 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. 4262790 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1990. 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: I. a7L Cw .-='7 /'79c) NATIONAL UNION FIRE INSURANCE COMPANY By:%�J.c�,-c __ tx. c\---):—._ Its : .7),I . �"''t -f-'1 . C-Nib C.L.- ;_ —; I 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. 426790 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1990 . 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 PARTICIPATING MEMBER COUNTY by law or otherwise agreed upon resulting from any CLAIM made during the POLICY PERIOD by reason of an act, error or omission, committed or alleged to have been committed by a lawfully elected or appointed official , trustee, director 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 aggregate 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 , directors and council members . It_ is .u_ ..h _ ur.drstccd and agreed that the r.I".I . CF 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:QLz7 � 7 /990 NATIONAL UNION FIRE INSURANCE COMPANY Its: DATED: COLORADO COUNTIES CASUALTY AND PROPERTY POOL By: Its : - 15- 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. 4262790 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1990. 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. Not- withstanding any such waiver of the Colorado Governmental Immunity Act, as amended from time to time, must be approved by the COMPANY for coverage to attach in excess of the applicable immunity limits . All other terms and conditions remain unchanged. f/ DATED • r / /‘;'9C NATIONAL UNION FIRE INSURANCE COMPANY By: l �i '� � - -- Its : d el . 7-r . X c-"--a 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 written notice of same to ROLLINS BURDICK HUNTER CO. Under most circumstances , a CLAIM is considered made when it is received and recorded by ROLLINS BURDICK HUNTER CO . ; 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 benefit and coverages are explained in detail in ycur policy . Plei9e read it c:re u _ ly anJ consult ycur acint aecu ,_. y c...,istions you 7117zi .a :e . . _.. _. 2,2;i _ IXI7 . __C S 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 provisions 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 . FETROACTIVE DAT$ 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 coverage . Some people call these EXTENDED REPORTING PERIODS "tails . " This ensures that no PERSONAL INJURY or PROPERTY DAMAGE need go uncovered because of a) cancellation er non-renewal , b) an advanced RETROACTIVE DATE , or c) replacement with insurance that is not on a "claims-made" basis for PERSONAL INJURE or D;Y.Aci _ . _ of these circumstances , th_s FOLIC:" two _ . .dos you with a aDLJ EXTENDED RDPoR_I J- . E IOD that has I 9 ENDORSEMENT attaching to and forming part of Policy No. ISL 3798 in the name of COLORADO COUNTIES CASUALTY _AND PROPERTY POOL Effective date of this endorsement is ,TUT.y 1 . 1987 Endorsement No. 32 IT IS HEREBY NOTED AND AGREED EFFECTIVE 1st JULY, 1987 , THAT THE UNQUALIFIED WORD "ASSURED" WHENEVER USED IN THE POLICY WORDING SHALL ALSO INCLUDE DISTRICT ATTORNEYS, THEIR ASSISTANTS, AGENTS, AND EMPLOYEES BUT ONLY WHILE ACTING WITHIN THE SCOPE OF THEIR DUTIES TO THE EXTENT THAT ANY CLAIM IS ASSERTED AGAINST THEM IN CONNECTION WITH FACTS ARISING IN AI PARTICIPATING COUNTY OR WITH RESPECT TO OPERATIONS DIRECTLY RELATED TO OR SPECIFICALLY UNDERTAKEN ON BEHALF OF A PARTICIPATING COUNTY. • Subject otherwise to all terms, clauses and conditions as heretofore. DATED: OCTOBER 27 , 1987 INTERNATIONAL SPECIAL RISK SERVICES, INC. /:LL c i, (./j r CASUALTY SUALTY AKD PROP FRTY POOL 1L ©G) ]tuC1l4@ ° 0 a ODE COLORADO COUNTIES CASUALTY AND PROPERTY POOL (HEREIN CALLED CAPP) HEREBY CERTIFIES THAT WELD COUNTY IS A PARTICIPATING MEMBER OF CAPP FOR THE PERIOD BEGINNING JULY 1, 1991 THROUGH JUNE 30, 1992. THE COVERAGES, CONDITIONS OF MEMBERSHIP AND OTHER PROVISIONS APPLICABLE TO MEMBERS OF CAPP ARE DESCRIBED IN CAPP's BYLAWS AND IN THE EXCESS POLICIES OBTAINED BY CAPP, A CURRENT COPY OF WHICH IS PROVIDED TO THE COUNTY. IN ADDITION TO OTHER LIMITS, THE COVERAGES PROVIDED TO WELD COUNTY THROUGH MEMBERSHIP IN CAPP AND IN CONSIDERATION OF THE PAYMENT OF ITS ANNUAL CONTRIBUTION ARE LIMITED TO: _ PROPERTY (INCLUDES EDP, MOBILE EQUIPMENT, AUTO PHYSICAL DAMAGE): $50,000,000 EACH OCCURRENCE "ALL RISK" BASIS WITH SUBLIMITS OF $1,000,000 NEWLY ACQUIRED PROPERTY AND $1,000,000 NEW CONSTRUCTION EACH OCCURRENCE. $500,000 UNSCHEDULED LOCATIONS. ••GENERAL LIABILITY: BODILY INJURY/PROPERTY DAMAGE $ 400,000 EACH CLAIM "AUTOMOBILE LIABILITY: BODILY INJURY/PROPERTY DAMAGE $ 400,000 EACH CLAIM PERSONAL INJURY PROTECTION STATUTORY "ERRORS & OMISSIONS: $ 400,000 EACH CLAIM $1 ,000,000 AGGREGATE CRIME COVERAGES: (UNLESS OTHERWISE STATED) MONIES & SECURITIES (INSIDE): $ 150,000 EACH Loss MONIES & SECURITIES (OUTSIDE): $ 150,000 EACH Loss EMPLOYEE FIDELITY: $ 150,000 EACH Loss EXCESS LIABILITY (FEDERAL AND OUT OF STATE ONLY): $ 600,000 EACH CLAIM BOILER & MACHINERY: REPAIR OR REPLACEMENT ACTUAL Loss SUSTAINED MAINTENANCE DEDUCTIBLE: $ 500 EACH CLAIM APPLYING ONLY TO PROPERTY, AUTO PHYSICAL DAMAGE, CRIME & BOILER LOSSES • NEWLY ACQUIRED PROPERTY MUST BE REPORTED WITHIN 60 DAYS I" CLAIMS MADE COVERAGE FORM CAPP RETAINS $150,000 EACH CLAIM/LOSS FOR PROPERTY AND $250,000 EACH LIABILITY CLAIM/LOSS. By: G/v C �/A� ... }�� DATE: JULY 1 . 1991 WARREN G. BEHM, AL4Mit.:±ISTRA5,bR COI POOL MANAGEMENT SERVICES Hello