HomeMy WebLinkAbout000124.tiff COLORADO COUNTIES INC .
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October 5, 1990
TO: CAPP Designated Correspondents
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FROM: Warren Behm, Pool Administrator
RE: CAPP 1990/91 Insuring Documents
All policies need to be placed in the Insuring Agreements binder (blue/white letters).
The Excess Property Renewal Certificate needs to be placed in front of the cutireent St Paul
Property Policy (RED TAB).
The National Union Fire Insuance Company Excess Liability Policy needs to be placed in
front of the Virginia Surety Policy (YELLOW TAB).
The Boiler & Machinery Policy should be kept in the binder as well. There is currently
no section designated for this policy. In order to distinguish this policy, you should add
this section to the binder.
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124
1177 Grant Street • Denver,Colorado 80203 • (303)861.4076 • Fax(303)861-2818
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COLORADO COUNTIES
CASUALTY & PROPERTY POOL
1990/91
LIABILITY POLICY
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American International Companies
1225 17th St. Cable Address
Suite 2770 'Amintersur
Denver, Colorado 80202 Telex •454425
303/295-7111
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,
C
2-LT)/iy c �
Gretchen Simone
Branch Manager
American Home - Excess Casualty
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cc: Bill Stankevitz, Rollins, Burdick, Hunter
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A CAPITAL STOCK COMPANY NATIONAL UNION
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I'•k #Ib FIRE INSURANCE COMPANY
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I3 '.1 ,�•=/ F4 Administrative Offices
I^ , tio`�o,i: 70 Pine Street
New York, N.Y. 10270
F POLICY NO. 426 27 90
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I_ The Company agrees with the Insured named below, in consideration of the pre—
t' 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
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issued by includin all renewals and rewrites thereof. r'
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NAMED INSURED: Colorado Counties Casualty and Property Pool
(See Endorsement #1) l
r ADDRESS: 1177 Grant Street
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Denver, Colorado 80203
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V POLICY PERIOD: July 1 , 1990 To July 1 , 1991 12:01 A.M. (M.D.T.) s'CI
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"j COVERAGE: Excess Liability I
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LIMIT OF LIABILITY: $750,000 Ultimate Net Loss each Accident excess of $250,000
Ultimate Net Loss each and every Accident
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PREMIUM: $475,000
e RATE:
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IN WITNESS WHEREOF, the Company has caused this policy to be signed by its
President and Secretary at New York, New York and countersigned by a duly authorized represen— :y
tative of the Company.
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SECRETARY l�G/ aH (•
1 Rollins Burdick Hunter
123 North Wacker Drive
Chicago, ILL 60606 , l' ;F
Countersigned by:�//^�--�`—'�-----_ S.--;kg O_,,,,-Q r!
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Authorized Representative
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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.
Regardless of the number of CLAIMS made against the NAMED
INSURED or a PARTICIPATING MEMBER COUNTY or number of
PARTICIPATING 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.
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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 Casualty and Property Pool, but limited only
to the counties listed in Endorsement 1. to this
POLICY, and coverage for additional counties must be
requested in writing to the COMPANY and specifically
endorsed hereon;
•
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(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 civil rights, assault and battery, and
disparagement of property; or
(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
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•
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.
8. "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 appeal bonds, interest, expenses for doctors,
lawyers, nurses and investigators, and for litigation,
settlement, adjustment and investigation of claims and suits
•
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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,
agent or official of the NAMED INSURED or a PARTICIPATING
MEMBER COUNTY.
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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 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
any cost, fine or penalty or 3) payment of any expense
involving a claim or suit related to any of the above.
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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
anniversary date by either the COMPANY or the NAMED INSURED
upon written notice to the other party, provided said notice
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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 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
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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
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 state of competent jurisdiction, this POLICY shall be
conformed to comply with any such laws or statutes.
•
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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 NAMED INSURED except
for any reduction thereof solely by payment for PERSONAL
INJURY or PROPERTY DAMAGE as defined and otherwise covered
by this POLICY. The failure of the NAMED INSURED to comply
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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.
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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 ,c4 J-7 ifTo NATIONAL UNION FIRE INSURANCE
/ COMPANY
/ .
-1'1431 .
-1'14 1 .
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-13-
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 further understood and agreed that the LIMIT OF LIABILITY
-14-
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:4f2 7 /940 NATIONAL UNION FIRE INSURANCE
COMPANY
BY:-----C"---71t-L2,- S, .K
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-15-
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.
4262790 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY
POOL. The effective date of this endorsement is July 1, 1990.
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
ADMINISTRATION 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
PARTICIPATING MEMBER COUNTY or their
representative to an employee to participate or
not to participate in stock subscription plans;
-16-
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.
462790 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY
POOL. The effective date of this endorsement is July 1, 1990.
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:4 ea /9`/6 NATIONAL UNION FIRE INSURANCE
/ COMPANY
By: /
Its: . q^ .
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-23-
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.
4262790 In the name of COLORADO COUNTIES CASUALTY AND PROPERTY
POOL. The effective date of this endorsement is July 1, 1990.
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
aforementioned date.
In consequence of the foregoing, the amount of ULTIMATE NET LOSS
afforded by this 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.
-24-
All other terms and conditions remain unchanged.
DATED:��af �7/9�0 NATIONAL UNION FIRE INSURANCE
COMPANY
By:1� - 7 � -7/3(
Its: 3' - T- r
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-25-
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.
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, subject to the terms,
CONDITIONS, EXCLUSIONS and LIMIT OF LIABILITY 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:-Qz25 /1 >. ` 7 /y90 NATIONAL UNION FIRE INSURANCE
/ COMPANY
By:
, GSrn
Its: t y'! . �Xr'
DATED: COLORADO COUNTIES CASUALTY AND
PROPERTY POOL
By:
Its:
-26-
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.
4262790 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY
POOL. The effective date of this endorsement is July 1, 1990.
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:.+1---2- o� 7 /qtO NATIONAL UNION FIRE INSURANCE
/ COMPANY
By: . ._f Srnuu `�
Its: . 9.1 •
DATED: COLORADO COUNTIES CASUALTY AND
PROPERTY POOL
By:
Its:
-27-
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 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
-28-
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.
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
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 or non-renewal, b)
an advanced RETROACTIVE DATE, or c) replacement with insurance
that is not on a "claims-made" basis for PERSONAL INJURY or
PROPERTY DAMAGE. In any of these circumstances, this POLICY
provides you with a basic EXTENDED REPORTING PERIOD that has two
provisions.
-29-
NUCLEAR ENERGY UASITTY EXCLUSION ENDORSEMENT
(Mead ILI
1. This policy does not apply: Dampen 13.)
A. Under any Liability Coverage, to bodily injury or property damage
(t) with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued
by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability UnGe,wnters or Nuclear
Insurance Association of Canada. Or would be an insured under any such policy Dut for its termination upon
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 organ'
talon 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 Slates of America.
or any agency thereof, with any person or organization;
B. Under any Medical Payments Coverage, or any Supplemental Payments provision relr;'ny hit aid.to expenses
incurred with respect to bodily injury resulting from the hazardous properties of nuclear ma•e•.of 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, matenals, parts or
equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility,
but if suchhecility is located within the United States of America, its territories or possessions or Canada. this
exclusion (3) applies only to property damage to such nuclear facility and any property thereat.
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 pacxaging 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.
29
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,D- and you must pay an additional premium.
DATED;. 44 <-c 7 /990 NATIONAL UNION FIRE INSURANCE
/ COMPANY
Its: �KC r . �x�
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
•
-30-
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.
4262790 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY
POOL. The effective date of this endorsement is July 1, 1990.
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
ADMINISTRATION 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
PARTICIPATING MEMBER COUNTY or their
representative to an employee to participate or
not to participate in stock subscription plans;
-16-
(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
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" - 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:.f4f -7 199.0 NATIONAL UNION FIRE INSURANCE
/ COMPANY
By:
Its: ' t `J� • fir.
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-17-
pON-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.
4626970 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY
POOL. The effective date of this endorsement is July 1, 1990.
It is understood and agreed that this POLICY applies to Aircraft
used by and solely on behalf of the NAMED INSURED or a
PARTICIPATING 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: 4 cafes k-7/0 NATIONAL UNION FIRE INSURANCE
By �f
Its: -RI • � 9" - �Xc�
DATED:_ COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-18-
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.
462790 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 what EXCLUSION 4 . does not
apply with respect to the ownership, maintenance or use,
including 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.
All other terms and conditions remain unchanged.
DATED:- of d 7 /??O NATIONAL UNION FIRE INSURANCE
/ COMPANY
B - i 2�G�a - �
By / nccn��
Its:
5"-t . ISCru
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-19-
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.
/`9 ?C NATIONAL UNION FIRE INSURANCE
COMPANY
G/^
Its: 2n . -'—'L 7—/ . EXc-L-4-o
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-20-
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.
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 the NAMED INSURED and all
PARTICIPATING MEMBER COUNTIES have agreed to reject any and all
uninsured motorists coverage (including underinsured motorists
coverage) .
All other JJJ terms and conditions remain unchanged.
DATED Z 7 [no NATIONAL UNION FIRE INSURANCE
/ COMPANY
By:
Its: -3-, .
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-21-
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.
462790 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY
POOL. The effective date of this endorsement is July 1, 1990.
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:_ /- o/ / (-57 / '?o NATIONAL UNION FIRE INSURANCE
COMPANY
Its: -1 . -1-1- ;? -4 .
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
-22-
i
COLORADO COUNTIES
CASUALTY & PROPERTY POOL
1990/91
PROPERTY POLICY
I
RENEWAL CERTIFICATE !Saul
Please insert this Renewal Certificate with the
rest of your policy.
In return for your premium, your policy is Important. Please refer to your Coverage
renewed to the date shown on this certificate. Summaries that are attached for any changes in
your policy. You will also receive the benefit
We, us, our and ours mean the insurance of any changes we've made in our standard
company named on the Introduction. policy forms that broaden or extend your
coverage without increasing your premium.
The words you, your and yours mean the
insured named here:
Policy Number: 102KA0060
Colorado Counties Casualty & Property Pool
(See Endorsement 1) Is Renewed From: 7/1/90
1177 Grant Street
Denver, CO 80203 To: 7/1/91
Premium: $128,149
Our authorized representative is: President Secretary
Rollins, Burdick, Hunter of Illinois
123 North Wacker Drive .� ��� �d vae-
Chicago, IL 60606 Authorized Representative Date
y4
40751 Ed.9-86 Printed in U.S.A. Renewal Certificate
cSt.Paul Fire and Marine Insurance Co.1986 Page 1 of 1
COLORADO COUNTIES
CASUALTY & PROPERTY POOL
1990/91
BOILER & MACHINERY POLICY
1
1heTravelersj DECLARATIONS COPY Page 01 of 02
NAME AND ADDRESS OF AGENCY INSURING COMPANY
ROLLINS-BURDICK & HUNTER/COLO THE TRAVELERS INDEMNITY COMPANY
P O BOX 180
DENVER CO 80202 ONE TOWER SQUARE
TEL 303-298-0099 AGENCY CODE HARTFORD CT 06183 i
000075154 I
NAME AND MAILING ADDRESS OF INSURED SYSTEM NUMBER (SEE BELOW FOR POLICY NUMBER)
COLORADO COUNTIES CASUALTY IN- BM-1016749-0/000
C/O COLORADO COUNTIES, INC. COVERAGE PERIOD (EFFECTIVE) (EXPIRATION)
1177 GRANT STREET 07-01-90 07-01-91
DENVER CO 80203
12:01 MI STANDARD TIME AT THE PLACE WHERE THE ACCIDENT OCCURS 1
1
1
POLICY NUMBER: BMEC-920J592-2-90-IND
OFFICE CODE: 052 DENVER, CO
THIS BOILER AND MACHINERY COVERAGE CONSISTS OF THESE DECLARATIONS, THE COVERAGE FORMS, SCHEDULES AND ENDORSEMENTS
I
STATED BELOW AND THE COMPANY STATEMENT AND COMMON POLICY CONDITIONS.
i
POLICY LEVEL COVERAGE INFORMATION
COMPLETE NAME OF INSURED
COLORADO COUNTIES CASUALTY AND PROPERTY POOL, ETAL
SEE ATTACHED FOR ADDITIONAL NAMED INSUREDS.
LIMIT OF INSURANCE (PD): UNLIMITED
DEDUCTIBLE (PD): $ 5,000 STD.-ALL OBJECTS
PROPERTY DAMAGE (PD) :
DEFINITION/SECTION No.--DESCRIPTION OR GROUP CODE SIZE
COMPREHENSIVE-ENERGY EQUIP
NUMBERS OF FORMS, SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE
BM 11 00 09 88 BM T1 10 09 87 8M T5 00 09 88 IL 02 28 10 87 '
SPECIAL LOCATION SCHEDULE - The following is being used on this policy instead of a specific schedule of
"locations" attached to the policy.
IAll "locations" owned, operated or IsNIer the care, custody or control of the Named Insured, that are located in
BM To 01 11 85 CON T I NUED
CP 564S New 9-85 Printed in U.S.A. SIGNATURE OF AUTHORIZED REPRESENTATIVE/DATE
•
1heTravelers'j'' DECLARATIONS COPY Pa•e 02 of 02
NAME AND ADDRESS OF AGENCY INSURING COMPANY
ROLLINS-BURDICK & HUNTER/COLA THE TRAVELERS INDEMNITY COMPANY
P O BOX 180
DENVER CO 80202 ONE TOWER SQUARE
TEL 303-298-0099 AGENCY CODE HARTFORD CT 06183
000075154
NAME AND MAILING ADDRESS OF INSURED SYSTEM NUMBER (SEE BELOW FOR POLICY NUMBER)
COLORADO COUNTIES CASUALTY IN- BM-1016749-0/000
C/O COLORADO COUNTIES, INC. COVERAGE PERIOD (EFFECTIVE) (EXPIRATION)
1177 GRANT STREET 07-01-90 07-01-91
DENVER CO 80203
12:01 AM STAIMARO TIME AT THE PLACE WHERE THE ACCIDENT OCCURS
the Continental United States, Alaska,or Hawaii and are on file with us, are considered as individually inserted
in any "location" entry area of any declarations or endorsement, unless specifically changed by endorsement.
At each anniversary of the policy:
1. You oust nbeit an updated list of all "Locations" to be covered under the policy for the upcoming year; and
2. The "autaoatic coverage" extension ceases to apply at any "locatiaf, acquired prior to that miversary date
and not on the most current list filed with us.
ENERGY EQUIPMENT FORM
LOCATION LEVEL COVERAGE INFORMATION
SEE ABOVE PARAGRAPH STATE: CO
BUSINESS INTERRUPTION
EXTRA EXPENSE
—mu ss.a.assaR—ssssa::—s:ssaas Deductible: 12 hours
PROPERTY DAMAGE (PD) :
Deductible: S 5,000 Limit of Insurance: S
UNLIMITED
•
4
i
BM TO 01 11 85 07.10-90 005 LAST PAGE OF DECLARATIONS
CP-6648 New 9.88 Printed in U.S.A. SIGNATURE OF AUTHORIZED REPRESENTATIVE/DATE
TheTravelersi
LOCATION ENDORSEMENT
ISSUE DATE: JULY 09,1990
POLICY NUMBER: BMEC-920J592.2
NAMED INSURED: COLORADO COUNTIES CASUALTY AND PROPERTY POOL, ETAL i{
1
a
POLICY PERIOD: 7.1-90 TO 7-1-91
PRODUCER: ROLLINS BURDICK 8 HUNTER
OFFICE: 052
{
ADDITIONAL NAMED INSUREDS
ALAMOSA COUNTY LA PLATA COUNTY
ARCHULETTA COUNTY LAKE COUNTY
BACA COUNTY LAS ANIMAS COUNTY
1
BENT COUNTY LINCOLN COUNTY 1
CHAFFEE COUNTY LOGAN COUNTY ff�
CHEYENNE COUNTY MINERAL COUNTY
CLEAR CREEK COUNTY MONTROSE COUNTY
CONEJOS COUNTY MORGAN COUNTY
COST ILLA COUNTY OTERO COUNTY
CROWLEY COUNTY OURAY COUNTY
DELTA COUNTY PARK COUNTY
DOLORES COUNTY PHILLIPS COUNTY
DOUGLAS COUNTY PITKIN COUNTY
EAGLE COUNTY ?ROWERS COUNTY
ELBERT COUNTY PUEBLO COUNTY
FREMONT COUNTY RIO BLANCO COUNTY
GARFIELD COUNTY RIO GRANDE COUNTY
GILPIN COUNTY ROUTT COUNTY
GRAND COUNTY SAGUACHE COUNTY
GUNNISON COUNTY SAN JAUN COUNTY
HINSDALE COUNTY SEDGWICK COUNTY
HUERFANO COUNTY SUMMIT COUNTY
JACKSON COUNTY TELLER COUNTY
KIOWA COUNTY WASHINGTON COUNTY
k:
KIT CARSON COUNTY WELD COUNTY
YUMA COUNTY C;
kA
+_Y
CP-5568 NEW 4-88 Printed in U.S.A.
BOILER AND MACHINERY
TheTravelers
The Travelers Insurance Companies
(Each n Stuck Insurance Company)
Hartford, CT 06183
COMMON POLICY CONDITIONS
AND COMPANY STATEMENT
COMPANY STATEMENT
In return for payment of the premium, The Travelers agrees with the Named Insured to provide the insurance
indicated. That insurance will be provided by the company indicated in the declarations. Reference in this policy to
"The Travelers", "we", "us", or "our" means that company.
The companies listed below(each a stock company) have executed this policy, but it is valid only if countersigned by
our authorized representative.
The Travelers Indemnity Company(IND) The Travelers Indemnity Company of Illinois(TIL)
The Phoenix Insurance Company(PH%) The Travelers Indemnity Company of Rhode Island(TRI)
The Charter Oak Fire Insurance Company(COF) The Travelers Indemnity Company of America(TIA)
ty '
Mn,
Secretary /'
The Travelers Insurance Company(INS) \t-.1.9-
- -Oc-'— President
Secretary
COMMON POLICY CONDITIONS 6. If notice is mailed, proof of mailing will be cuffA. CANCELLATION cient proof of notice.
1. The first Named Insured shown in the Declara- B. CHANGES
tions may cancel this policy by mailing or de- This policy contains all the agreements between
livering to us advance written notice of cancel- you and us concerning the insurance afforded. The
lation. first Named Insured shown in the Declarations is
2. We may cancel this policy by mailing or deliv- authorized to make changes in the terms of this
ering to the first Named Insured written notice policy with our consent. This policy's terms can be
of cancellation at least: amended or waived only by endorsement issued
a. 10 days before the effective date of can- by us as part of this policy.
cellation if we cancel for nonpayment of C. EXAMINATION OF YOUR BOOKS AND RECORDS
premium; or We may examine and audit your books and
b. 30 days before the effective date of can- records as they relate to this policy at any time
cellation if we cancel for any other reason. during the policy period and up to three years af-
ml 3. We will mail or deliver our notice to the first terward.
Named Insured's last mailing address known D. INSPECTIONS AND SURVEYS
to us.
4. Notice of cancellation will state the effective We have the right but are not obligated to:
date of cancellation. If the policy is cancelled, 1. Make inspections and surveys at any time;
that date will become the end of the policy 2. Give you reports on the conditions we find;
period. and
5. If this policy is cancelled, we will send the first 3, Recommend changes.
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first Any inspections, surveys, reports or recommenda-
Named Insured cancels, the refund may be tions relate only to insurability and the premiums
less than pro rata. The cancellation will be ef- to be charged. We do not make safety inspections.
fective even if we have not made or offered a We do not undertake to perform the duty of any
refund. person or organization to provide for the health or
BM T1 10 09 87 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2
Copyright, Insurance Services Office, Inc., 1983
CP-5263 New 9-87
BOILER AND MACHINERY
COMMON POLICY CONDITIONS
safety of workers or the public. And we do not mium shown in the Declarations was corn-
warrant that conditions: puted based on rates and rules in effect at the
1. Are safe or healthful; or time the policy was issued. On each renewals,
2. Comply with laws, regulations, codes or stan- continuation or anniversary of the effective
dards. date of this policy, we will compute the pre-
This condition applies not only to us, but also to mium In accordance with our rates and rules
any rating, advisory, rate service or similar organi- then in effect.
zation which makes insurance inspections, F. TRANSFER OF YOUR RIGHTS AND DUTIES UN-
surveys, reports or recommendations. DER THIS POLICY
E. PREMIUMS Your rights and duties under this policy may not be
1. The first Named Insured shown in the Declare- transferred without our written consent except in
tions: the case of death of an individual named insured.
a. Is responsible for the payment of all pre- If you die, your rights and duties will be transferred
miums; and to your legal representative but only while acting
b. Will be the payee for any return premiums within the scope of duties as your legal representa-
we pay. tive. Until your legal representative is appointed,
2. We compute all premiums for this policy in ac- anyone having proper temporary custody of your
cordance with our rules, rates, rating plans, property will have your rights and duties but only
premiums and minimum premiums. The pre- with respect to that property.
Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. BM T1 10 09 87
Copyright, Insurance Services Office, Inc., 1983
TABLE OF CONTENTS
The following indicates the contents of the principal Boiler and Machinery forms. Refer to the applicable
column for the form attached to your policy (See key at bottom). Declarations and Endorsements that may
also be attached to your policy are not included in this Table of Contents.
"' COVERAGE FORM "'
ITEM A B C D
COVERAGES Page No. Where Item Begins
Direct Damage to Covered Property 1 1 1 1
Causes of Loss 1 1 1 1
Expediting Expenses 1 1 1 1
Business Interruption/Extra Expense 3 E 1 1
Spoilage E E N/A 1
Automatic Coverage (New Locations) 1 1 N/A N/A
Defense 1 1 1 1
Supplementary Payments 1 1 1 1
EXCLUSIONS 0
d
Ordinance or Law 2 2 2 2 m
Nuclear Hazard 2 2 2 2 x
War and Military Action 2 2 2 2 Z
Other Exclusions 2 2 2 2 O
Business Interruption/Extra Expense 2 N/A 2 3 s
Spoilage N/A N/A N/A 3 0)
LIMITS OF INSURANCE x
Limit of Insurance N/A 2 2 3 m
Expediting Expenses N/A 2 3 3 <
Hazardous Substance Limitation 2 2 N/A 3 <)
Ammonia Contamination Limitation N/A 3 N/A 3
Water Damage Limitation N/A 3 3 3 m
mi
Business Interruption/Extra Expense 3 N/A 3 3 r•
Spoilage Limit N/A N/A N/A 3 m
DEDUCTIBLE Y
Property Damage 3 3 3 4
Business Interruption/Extra Expense 3 N/A N/A 4
Spoilage N/A N/A N/A 4
CONDITIONS
Loss Conditions 3 3 3 4
General Conditions 5 4 4 5
Business Interruption/Extra Expense 3 N/A 5 6
Spoilage N/A N/A N/A 6
DEFINITIONS 5 5 5 6
COVERAGE
FORM TITLE FORM NO.
A ENERGY EQUIPMENT COVERAGE FORM BM T1 00
B BOILER AND MACHINERY COVERAGE FORM BM 00 25
C SMALL BUSINESS BOILER AND MACHINERY COVERAGE FORM BM 00 40
D SMALL BUSINESS BOILER AND MACHINERY BROAD COVERAGE FORM BM 00 45
N/A = NOT APPLICABLE; ITEM NOT IN FORM.
E = AVAILABLE BY ENDORSEMENT.
CP-5175 New 3-86 Printed In U.S.A.
BOILER AND MACHINERY
ENERGY EQUIPMENT COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The
words "we", "us" and "our" refer to the Company providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to the DEFINITIONS section.
A. PROPERTY DAMAGE COVERAGE acquisition and throughout the period
We will pay for direct damage to Covered Property of automatic coverage and be of a
caused by a Covered Cause of Loss. type that would be included in any
1. Covered Property "Object" Group Description shown in
the Declarations;
Covered Property, as used in this Coverage (3) The Limit of Insurance and Deductible
Part, means any property that: amount will be the highest amounts
a. You own; or shown in the Declarations for the
b. Is in your care, custody or control and for same type of "object";
which you are legally liable. In addition to (4) We will not be liable under this cover-
paying for loss to this property, we will de- age for Consequential Damage, Busi-
fend you against any claim or "suit" alleg- ness Interruption, or any other indirect
ing liability for damage to this property, loss resulting from an "accident" to
subject to the Defense and Supplemen- an "object"; and
tary Payments provisions. (5) You agree to pay an additional pre-
2. Covered Causes of Loss mium as determined by us.
A Covered Cause of Loss is an "accident" to c. Defense
an "object" shown in the Declarations. An If a claim or "suit" is brought against you
"object" must be in use or connected ready alleging that you are liable for damage to
for use at the location specified for it at the property of another in your care, custody
time of the "accident." or control, that was directly caused by an
3. Coverage Extensions "accident" to an "object," we will either:
a. Expediting Expenses (1) Settle the claim or "suit;" or
With respect to your damaged Covered (2) Defend you against the claim or
Property, we will pay the reasonable extra "suit," but keep for ourselves the
cost to: right to settle it at any point.
(1) Make temporary repairs to; d. Supplementary Payments
(2) Expedite permanent repairs to; and We will pay, with respect to any claim or
(3) Expedite permanent replacement of "suit" we defend:
Covered Property damaged by an
"accident." (1) All expenses we incur;
(2) The cost of bonds to release attach-
b. Auqutomtomati tiired cationc Coverage for A Newly Ac- ments, but only for bond amounts
within the Limit of Insurance. We do
We will automatically cover an "accident" not have to furnish these bonds;
to an "object" at a newly acquired loca- (3) All reasonable expenses incurred by
tion. This automatic coverage begins at you at our request to assist us in the
the time you acquire the property and investigation or defense of the claim
continues for 90 days, under the following or "suit," including actual loss of
conditions: earnings up to $100 a day because of
(1) You must inform us, in writing, of the time off from work;
new acquired location within 90 days (4) All costs taxed against you in any
of the date you acquire it; "suit" we defend;
(2) The "object" must be in use or con- (5) Pre-judgement interest awarded
nected ready for use at the time of against you on that part of the judg-
BM T1 00 09 88 Page 1 of 7
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987
CP-5264 New 9-88 Printed in U.S.A.
ment we pay. If we make an offer to (2) Explosion inside gas turbines; or
pay the applicable Limit of Insurance, (3) Rupture or bursting of rotating or
we will not pay any pre-judgment in- moving parts of machinery caused by
terest based on that period of time af- centrifugal force or mechanical break-
ter the offer; and down.
(6) All interest on the full amount of any
judgment that accrues after entry of b. Fire or explosion that occurs at the same
the judgment and before we have time as an "accident" or that ensues from
paid, offered to pay, or deposited in an "accident." With respects to any elec-
court the part of the judgment that is trical equipment forming a part of an "ob-
within the applicable Limit of Insur- ject," this exclusion is changed to read:
ance. Fire or explosion outside the "object"
B. EXCLUSIONS that occurs at the same time as an "acci-
dent" or ensues from an "accident."
The following exclusions apply to all coverages c. Explosion of gas or unconsumed fuel
provided by this coverage form. within the furnace of any boiler or fired
We will not pay for: vessel or within the passages from that
1. Ordinance of Law furnace to the atmosphere, whether or
not such explosion is:
Any increase in loss caused by or resulting (1) contributed to or aggravated by an
from the enforcement of any ordinance, law,
regulation, rule or ruling regulating or restrict- that contains steam or water; or
"accident" to any part of that "ob-
ing repair, replacement, alteration, use, opera-
tion, construction or installation. As used (2) caused in whole or in part directly or
herein, increase in loss also includes expenses indirectly, by an "accident" to any
incurred beyond those for which we would "object" or part of an "object."
have paid if no substance declared to be haz- d. An "accident" that is the direct or indirect
ardous to health by a governmental agency result of an explosion or fire;
had been involved in the "accident". e. Water or other means used to extinguish a
2. Nuclear Hazard fire, even when the attempt is unsuccess-
Loss caused by or resulting from nuclear reac- ful;
tion or radiation, or radioactive contamination, f. Lightning, if coverage for that cause of
however caused. loss is provided by another policy of insur-
3. War and Military Action ance you have;
Loss caused by or resulting from: g. Flood. However, if an "accident" results
a. War, including undeclared or civil war; from a flood, we will pay for direct dam-
age to Covered Property caused by the
b. Warlike action by a military force, includ- "accident;"
ing action in hindering or defending h. An "accident" to any "object" while be-
against an actual or expected attack, by ing tested;
any government, sovereign or other au-
thority using military personnel or other I. An "accident" caused directly or indi-
agents; or rectly by earth movement, including but
c. Insurrection, rebellion, revolution, usurped not limited to earthquake, landslide, mud-
power or action taken by governmental slide, subsidence or volcanic eruption;
authority in hindering or defending against 5. Indirect Loss Exclusions
any of these. We will not pay, under property damage cover-
4. Other Exclusions age, for loss resulting from:
Loss caused by or resulting from: a. a delay in or interruption of any business,
a. An explosion. However, we will pay for manufacturing or process;
loss caused by or resulting from an explo- b. lack of power, light, heat, steam or refrig-
sion of a kind described below, but only to eration; or
"objects" owned by, leased by or oper-
ated under your control. c. any other indirect result of an "accident"
(1) Explosion of the parts of steam boil- to an "object."
ers, steam pipes, steam turbines or We will not pay for any loss excluded above even
steam engines that contain steam, though any other cause or event contributes con-
water or steam condensate; currently or in any sequence to the loss.
Page 2 of 7 BM T1 00 09 88
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987
C. LIMITS OF INSURANCE supply electrical power solely to your
1. Hazardous Substance Limitation premises.
The following applies despite the operation of The "accident" must occur during the Policy Pe-
the Ordinance or Law Exclusion. This limita- nod, but expiration of the policy does not limit our
tion does not apply to damage, contamination liability under this coverage.
or pollution caused by ammonia. 2. Additional Exclusions That Apply to Busi-
If Covered Property is damaged, contami- ness Interruption/Extra Expense Insur-
nated or polluted as a result of an "accident" ance
to an "object" by a substance declared to be This coverage does not apply:
hazardous to health by an authorized govern-
a. during the time when business would not
mental agency, the most we will pay for any or could not have been carried on if the
additional expenses incurred by you for clean "accident" had not occurred,
up, repair or replacement or disposal of that
property is $25,000. As used here, additional b. if you fail to use all reasonable means to
expenses mean expenses incurred beyond resume business as soon as possible,
those for which we would be liable if no sub-
c. for that part of any loss or expense which
stance hazardous to health had been involved. is due solely to suspension, lapse or can-
2. Any payment we would normally make will not cellation of a contract, lease, license or
increase if more than one insured is shown in order, or
the Declarations. d. to any additional loss incurred by you be-
3. The Limit of Insurance for use in the Supple- cause a substance declared to be hazard-
mentary Payments Coverage Extension and ous to health by an authorized govern-
Other Insurance Loss Condition will be the ac- mental agency was involved in the "acci-
tual amount of the total direct damage loss dent". As used here, additional loss
resulting from the "accident." means loss incurred beyond that for
which we would have been liable if no
D. PROPERTY DAMAGE DEDUCTIBLE substance hazardous to health had been
We will not pay for loss or damage resulting from involved.
any "one accident" until the amount of loss or 3. Business Interruption/Extra Expense
damage exceeds the Property Damage Deductible Limit.
shown in the Declarations. We will then pay for the
amount of loss or damage in excess of that De- This Business Interruption/Extra Expense
ductible. If more than one "object" is involved in coverage applies for up to one year for any
"one accident", only the highest deductible will "one accident." However, once your property
apply. has been repaired or replaced, any continuing
loss resulting from the "accident" will only be
E. BUSINESS INTERRUPTION/EXTRA EXPENSE
covered for 30 days from that point in time.
(BI/EE) INSURANCE
Any payment we would normally make will not
1. Coverage increase if more than one insured is shown in
If we indicate in the declarations that this cov- the Declarations.
erage applies, we will pay 4. Business Interruption/Extra Expense Con-
a. your "actual loss" from a total or partial ditions
interruption of business, but not the a. Notice of "Accident." At our expense,
charges and expenses which do not nec- you must immediately give notice of "ac-
essarily continue during the interruption of cident" to any of our offices. You must
business, and confirm that notice in writing.
b. the reasonable "extra expense" to con- b. Commencement of Liability For "Ac-
tinue your "normal business operations" tual Loss"
during the interruption,
(1) If a dollar deductible is entered in the
caused solely by an "accident" to declarations for this coverage our lia-
(1) a defined "object," or bility starts
(2) any transformer or electrical appara- (a) at the time of the "accident," or
tus which is located on or within 500 (b) twenty-four hours before we re-
feet of your premises, is owned by a ceive notice of "accident"
public utility company and is used to whichever is later.
BMT1000988 Page3of7
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987
(2) If a dollar deductible is not entered in We will first subtract the Spoilage Deductible
the declarations for this coverage amount shown in the declarations from the
our liability starts amount of spoilage loss we would otherwise
(a) twelve hours after the time of the pay. If more than one "object" is involved in
"accident," or "one accident", only one deductible amount
will be subtracted from the total of all spoilage
(b) twelve hours before we receive resulting from the "one accident".
notice of "accident,"
whichever is later. G. BOILER AND MACHINERY CONDITIONS
Liability for "Extra Expense" begins The following conditions apply in addition to the
at the time of the "accident." Common Policy Conditions:
c. BI/EE Dollar Deductible. If a BI/EE dol- 1. Loss Conditions
lar deductible is indicated in the declare- a. Duties in the Event of Loss or Damage
tions we will first deduct that amount from
the total amount of loss and expense that You must see that the following are done
we would pay for under this coverage. in the event of loss or damage:
d. Reducing Your Loss. You must reduce (1) Give us a prompt notice of the loss or
your loss, if possible, by damage. Include a description of the
(1) resuming business, in part or com- property involved;
pletely, (2) As soon as possible, give us a
(2) using merchandise or other property description of how, when and where
available to you, the loss or damage occurred;
(3) using the property or services of (3) Allow us a reasonable time and op-
others. portunity to examine the property and
F. SPOILAGE INSURANCE premises before repairs are under-
taken or physical evidence of the "ac-
1. Coverage cident" is removed. But you must
If we indicate in the declarations that this cov- take whatever measures are neces-
erage applies, we will pay for the actual cash sary for protection from further dam-
value of perishable goods that are lost due to age;
spoilage resulting from lack of power, light, (4) Permit us to inspect the property and
heat, steam or refrigeration caused solely by records;
an "accident" to: (5) If requested, permit us to question
a. A defined "object", or you under oath, at such times as may
b. Any transformer or electrical apparatus be reasonably required about any
that is: matter relating to this insurance or
(1) located on or within 500 feet of that your claim, including your books and
"location"; records. In such event, your answers
(2) owned by a public utility company; must be signed;
and (6) Send us a signed, sworn statement of
(3) used to supply electrical power solely loss containing the information we re-
to that "location"; quest to settle the claim. You must do
provided that the "accident" occurs during this within 60 days after our request;
the Policy Period. and
2. Spoilage Limit (7) Cooperate with us in the investigation
The limit of your insurance against loss under or settlement of the claim.
Spoilage Coverage, resulting from any "one b. Insurance Under Two or More Cover-
accident", is the Spoilage Limit shown in the ages
declarations for the "location" where the "ac-
cident" occurs. This limit is in addition to the If two or more of this Coverage Form's
limits provided for other coverages provided coverages apply to the same loss or dam-
by this policy. age, we will not pay more than the actual
Any payment we would normally make will not amount of that loss or damage.
increase if more than one insured is shown in c. Legal Action Against Us
the Declarations.
No one may bring a legal action against
3. Spoilage Deductible us under this Coverage Part unless:
Page 4 of 7 BM T1 00 09 88
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987
(1) There hen been full compliance with g. Transfer of Rights of Recovery Against
all the terms of this Coverage Part; Others To Us
and
If any person or organization to or for
(2) The action is brought within 2 years whom we make payment under this Cov-
after the date of the "accident;" or erage Part has rights to recover damages
(3) We agree in writing that you have an from another, those rights are transferred
obligation to pay for damage to Coy- to us to the extent of our payment. That
ered Property of others or until the person or organization must do everything
amount of that obligation has been necessary to secure our rights and must
determined by final judgment or arbi- do nothing after loss to impair them.
tration award. No one has the right h. Valuation
under this policy to bring us into an
action to determine your liability. (1) We will pay you the amount you
d. Loss Payable Clause spend to repair or replace your prop-
erty directly damaged by an "acci-
(1) We will pay you and any loss payee dent." Our payment will be the small-
shown in the Declarations for loss due est of:
to an "accident" to an "object," as (a) The cost at the time of the "acci-
interests may appear. The insurance dent" to repair the damaged
covers the interest of the loss payee
property with property of like
unless the loss results from conver- kind, capacity, size and quality;
sion, secretion or embezzlement on
your part. (b) The cost at the time of the "acci-
dent" to replace the damaged
(2) we may cancel the policy as allowed property on the same site with
by the Cancellation Condition. Can- other property:
cellation ends this agreement as to
the loss payee's interest. (i) Of like kind, capacity, size
If we cancel we will mail you and the and quality; and
loss payee the same advance notice. (H) Used for the same purpose;
or,
(3) If we make any payment to the loss
payee, we will obtain their rights (c) The amount you actually spend
against any other party. that is necessary to repair or re-
place the damaged property.
e. Minimum Premium
(2) If an "object" cannot be repaired dr
Any premium refund that may be due you the cost of repairing is more than the
under the provisions of the CANCELLA- cost to replace, and the damage to
TION Common Condition is subject to our the "object" equals or exceeds
currently filed and approved minimum 100% of the actual cash value of the
Boiler and Machinery premium in your "object" you may choose to apply
state. the following provision.
f. Other Insurance New Generation Coverage—If
(1) You may have other insurance subject you want to replace a damaged
to the same plan, terms, conditions "object" with a newer generation
and provisions as the insurance under "object" of the same capacity, we
this Coverage Part. If you do, we will will pay up to 25% more than an
pay our share of the covered loss or "object" of like kind, quality and
damage. Our share is the proportion capacity would have cost at the
that the applicable Limit of Insurance time of the "accident."
under this coverage Part bears to the (3) As respects
Limits of Insurance of all insurance p any replacing ac only if the part cost
of repairing or a of
covering on the same basis. the "object" is greater than:
(2) If there is other insurance covering the (a) The cost of repairing the "ob-
same loss or damage, other than that ject;" or
described in (1) above, we will pay
only the amount of covered loss or (b) The cost of replacing the entire
damage in excess of the amount due "object" on the same site;
from that other insurance, whether we will pay only the smaller of (a) or
you can collect on it or not. (b).
BM T1 00 09 88 Page 5 of 7
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987
The repair parts or replacement "ob- (3) Your interest in the covered property
ject" must be: e. Suspension
(c) Of like kind, capacity, size and Whenever an "object" is found to be in,
quality; and or exposed to, a dangerous condition,
(d) Used for the same purpose. any of our representatives may immedi-
(4) We will not pay you if the loss or dam- ately suspend the insurance against loss
age is to property that is obsolete or from
an
"accident"
to that
or mailing a
"object."
This
useless to you. can be done by
(5) Except for the New Generation Cover-
written notice of suspension to:
age you must pay the extra cost of (1) Your last known address; or
replacing damaged property with (2) The address where the "object" is lo-
property of a better kind or quality or Gated.
of larger capacity. Once suspended in this way, your insur-
(6) If you do not repair or replace the ance can be reinstated only by an en-
damaged property within 18 months dorsement for that "object."
after the date of the "accident," then If we suspend your insurance, you will get
we will pay only the smaller of the: a pro rata refund of premium for that "ob-
(a) Cost it would have taken to repair; ject." But the suspension will be effective
or even if we have not yet made or offered a
(b) Actual cash value; refund.
at the time of the "accident." f. Titles of Paragraphs and Pages
Paragraph (6) does not apply to any The titles of various paragraphs and
time period beyond the 18 months pages are included only to help you locate
that we agree to in writing. information within this policy. They are not
2. General Conditions intended to limit or otherwise affect the
provisions to which they relate.
a. Additional Insured
If a person or organization is designated in H. DEFINITIONS
this Coverage Part as an additional in- 1. "Accident" means a sudden and accidental
sured, we will consider them to be an in- breakdown of the "object" or a part of the
sured under this Coverage Part to the ex- "object." At the time the breakdown occurs,
tent of their interest. it must manifest itself by physical damage to
b. Bankruptcy the "object" that necessitates repair or re-
placement.
The bankruptcy or insolvency of you or
your estate will not relieve us of an oblige- None of the following is an "accident:"
tion under this Coverage Part. a. Depletion, deterioration, corrosion or ero-
c. Policy Period, Coverage Territory sion;
Under this Coverage Part: b. Wear and tear;
(1) The "accident" must occur: c. Leakage at any valve, fitting, shaft seal,
(a) During the Policy Period shown in
gland packing, joint or connection;
the the Declarations; and d. Breakdown of any vacuum tube, gas tube
(b) Within the coverage territory.
or brush;
(2) The coverage territory is: e. Breakdown of any electronic computer or
electronic data processing equipment
(a) The United States of America; that is not a defined "object";
and f. Breakdown of any structure or foundation
(b) Puerto Rico. supporting the "object" or any of its
d. Concealment, Misrepresentation or parts;
Fraud g. The functioning of any safety or protective
This coverage is void in any case of fraud device.
by you relating to it. It is also void if you If a strike, riot, civil commotion, act of sabo-
intentionally conceal or misrepresent a tage or vandalism results in an "accident,"
material fact concerning: this insurance applies. However, the War and
(1) The coverage provided herein; Military Action Exclusion and the conditions of
(2) The covered property; or this Coverage Part still apply.
BM T1 00 09 88
Page 6 of 7
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987
2. "Actual Loss" means the sum of: blower, including any shaft forming a part
of the "Object", together with any coup-
a. The net profits you fail to earn because of
business interruption resulting from an ling, clutch, wheel or bearing on that
shaft;
"accident;" and
b. whatever part of the following fixed f. any transformer or electrical distribution
charges and continuing expenses your equipment; and
business failed to earn but would have g. any other mechanical or electrical equip-
earned if there had been no "accident:" ment used for maintenance or service of
(1) Salaries and wages of officers, execu- your property or used in the conduct of
tives, employees under contract and your business.
other essential employees, as well as We will consider that the—connected ready
pensions and directors' fees; for use—requirement of this Coverage Form
(2) Necessary ordinary payroll; and and its endorsements has been met by any
(3) Manufacturing, selling, administrative
"object" if that "object" is:
expenses and any other items con- (1) Periodically filled, moved, emptied
tributing to your overhead expenses. and refilled in the course of its normal
In calculating the actual loss we will take into service; and
account the actual experience of your busi- (2) Used for storage of gas or liquid.
ness before the "accident" and the probable "Object" does not mean any:
experience you would have had without the h. oven, stove, furnace, incinerator, pot or
"accident." kiln;
3. "Extra Expense" means the additional cost i. boiler setting;
you incur to run your business during the inter-
j. insulating or refractory material;
ruption, over and above the cost that normally
would have been incurred to run the business k. electronic computer or electronic data
during the same period had no "accident" oc- processing equipment unless used solely
curred. to control or operate only one "object."
4. "Location" means the premises at the ad- I. equipment used for communication, light-
dress shown in the declarations. ing, advertising, display, testing, experi-
mental, research, diagnostic, therapeutic,
5. "Normal Business Operations" means the surgical, dental or pathological purposes;
condition of your business that would have ex- m. "object" manufactured by you unless the
isted had no "accident" occurred. "object" is in use or connected ready for
6. "Object" means any of the following equip- use;
ment owned or leased by you or operated un- n. vehicle, elevator, escalator, conveyor,
der your control: hoist or crane;
a. any boiler or fired vessel; o. buried vessel or piping; or
b. any unfired vessel subject to vacuum or p. part of a vessel that is not under:
internal pressure other than weight of (1) pressure of the contents of the vessel;
contents; or
c. any refrigerating or air conditioning sys- (2) internal vacuum.
tem, including all vessels, coils and piping
that contain refrigerant or other medium 7. "One Accident" means:
for cooling, humidifying or space heating; If an initial "accident" causes other "acci-
d. any piping and its accessory equipment, dents" all will be considered "one accident."
but not including: All "accidents" at any one location that mani-
(1) sewer piping fest themselves at the same time and are the
result of the same cause will be considered
(2) piping forming part of a fire protection
"one accident."
system; or
(3) water piping other than boiler feed- 8. "Suit" means a civil proceeding to which this
water piping, boiler condensate return insurance applies and that may include an ar-
piping or water piping forming part of bitration proceeding to which you must submit
a refrigerating or air conditioning sys- with our consent.
tem;
e. any compressor, pump, engine, turbine,
motor, generator, gear, gear set, fan or
BM T1 00 09 88 Page 7 of 7
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1983, 1984, 1985, 1987
BOILER AND MACHINERY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
LOSS ADJUSTMENT AGREEMENT
This endorsement modifies insurance provided by all of the forms and endorsements forming a part of our Boiler and
Machinery policy to which it is attached. Under certain circumstances it may increase or limit our initial payment to you
following a loss.
A. In the event of damage to property at a "location" 3. The Property Insurer(s) will pay you the amount of
that is covered by both the Property and Boiler and loss they accept as definitely covered by the Prop-
Machinery Coverage Parts, and there is disagreement erty Coverage Part(s) or Policies, plus one-half
between the insurance carriers as to whether the dam- (1/2) the amount of loss that is in disagreement.
age: However, the total they will pay will not be more
than they would have paid had there been no Boiler
1. was caused by an "accident" insured under the and Machinery Coverage Part in effect at the time
Boiler and Machinery Coverage Part; or of the occurrence.
2. was caused by a Cause of Loss insured under the 4. After payment of the loss under the terms of this
Property Coverage Part; or endorsement, the Property Insurer(s) and we agree
3. is partially covered by either, to submit our differences to arbitration within 90
days of our payments.
B. we will pay, after your written request, the amount of 5. You agree to cooperate with any arbitration proce-
loss that we accept as definitely covered by our Boiler dures. There will be three arbitrators. One will be
and Machinery Coverage, plus one-half (1/2) the appointed by us, one by the Property Insurer(s)and
amount of loss that is in disagreement. However, the the third by the mutual consent of the other two
total we will pay will not be more than we would have arbitrators. The arbitrators' decision shall be bind-
paid had there been no Property Coverage Part or ing on the insurers. Judgement on any award can
Policy in effect at the time of the occurrence. be entered in any court that has jurisdiction.
C. This agreement is subject to the following conditions: 6. The provisions of this endorsement will not apply
unless the Property Coverage Part or Policy is simi-
1. The total amount of loss shall be first agreed to by larly endorsed.
you, the Property Insurer(s) and us.
7. Acceptance by you of sums paid under the terms
2. Any payment made under the terms of this en- of this endorsement does not alter, waive or surren-
dorsement, for the amount of loss in disagreement, der any of your legal rights against us.
is limited to the smallest amount payable under ei-
ther the Boiler and Machinery or Property Coverage
Parts or Policies.
BMT5000988
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
Copyright, Insurance Services Office, Inc., 1986
CP-5623 New 9-88 Printed in U.S.A.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COLORADO CHANGES
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
BUSINESSOWNERS POLICY
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
it COMMERCIAL PROPERTY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Paragraph 2. of the CANCELLATION Common Policy (3) A substantial change in the exposure or
Condition is replaced by the following: risk other than that indicated in the ap-
2. If this policy has been in effect for less than 60 plication and underwritten as of the effec-
days, we may cancel this policy by mailing or tive date of the policy unless the first
delivering to the first Named Insured written no- Named Insured has notified us of the
tice of cancellation at least: change and we accept such change.
a. 10 days before the effective date of cancella- C. The following is added and supersedes any other pro-
tion if we cancel for nonpayment of premium; vision to the contrary:
or
b. 30 days before the effective date of cancella- NONRENEWAL
tion if we cancel for any other reason. If we decide not to renew this policy, we will mail
B. The following is added to the CANCELLATION Corn- through first-class mail to the first Named Insured
mon Policy Condition: shown in the Declarations written notice of the non-
7. Cancellation of Policies in Effect for 60 Days or renewal at least 45 days before the expiration date.
More If notice is mailed, proof of mailing will be sufficient
a. If this policy has been in effect for 60 days proof of notice.
or more, or is a renewal of a policy we issue,
we may cancel this policy by mailing through D. The following Condition is added:
first-class mail to the first Namedlnsuredwrit- INCREASE IN PREMIUM OR DECREASE IN
ten notice of cancellation: COVERAGE
(1) Including the actual reason, at least 10
days before the effective date of cancel- We will not increase the premium unilaterally or
lation, if we cancel for nonpayment of decrease the coverage benefits on renewal of this policy
premium; or unless we mail through first-class mail written notice
(2) At least 45 days before the effective date of our intention, including the actual reason,to the first
of cancellation if we cancel for any other Named Insured's last mailing address known to us, at
reason. least 45 days before the effective date.
We may only cancel this policy based on one Any decrease in coverage during the policy term must
or more of the following reasons: be based on one or more of the following reasons:
(1) Nonpayment of premium;
1. Nonpayment of premium;
(2) A false statement knowingly made by the
insured on the application for insurance; 2. A false statement knowingly made by the insured
or on the application for insurance; or
(over)
Copyright, Insurance Services Office, Inc., 1987
IL 02 28 10 87 Copyright, ISO Commercial Risk Services, Inc., 1987 Page 1 of 2
3. A substantial change in the exposure or risk other change and we accept such change.
than that indicated in the application and under-
written as of the effective date of the policy unless If notice is mailed, proof of mailing will be suffi-
the first Named Insured has notified us of the cient proof of notice.
Page 2 of 2 IL 02 28 10 87
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