HomeMy WebLinkAbout000125_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
o. s. COLORADO COUNTIES INC .
August 27, 1991
TO: CAPP Designated Cotrespo � 4,4442
FROM: Louella Casias, Technical Assis `"`""'a-
RE: CAPP 1991/92 Policies
CAPP Operations Manual Update Sheets
Enclosed you will find the following policies for the policy year July 1, 1991 through June
30, 1992.
1. Excess Liability Policy #4265093
2. Excess Property Policy #102KA0495
3. Boiler and Machinery (Cover Sheet) #JBMEC920J592291T1L
These policies should be filed in the CAPP Insuring Agreements binder (blue/white letters).
Also, you will fmd update sheets for the CAPP Operations Manual (white/blue letters). All
pages are numbered. You should remove and discard the corresponding numbered sheets
and replace with the updates.
Please contact me if I can answer any questions pertaining to this matter.
/lc
125
1177 Grant Street • Denver,Colorado 80203 • (303)861.4076 • Fax(303)861-2818
® ST.PAUL FIRE AND MARINE INSURANCE COMPANY
❑ ST.PAUL MERCURY INSURANCE COMPANY
1 n2KAnn6n herein called the Company
FORMER POLICY NO. A Capital Stock Company
St.Paul,Minnesota
NAME AND ADDRESS OF INSURED
• •
Colorado Counties Casualty & Property Pool ~'
1177 Grant Street
Imo;
Denver, CO 80203
C
• •
CO
AGENT Cr
• •
Rollins Burdick Hunter —
1099 Eighteenth Street, Suite 950 AMU!
Denver, CO 80202
Propeny&Lebhry
Insurance
Policy Period:
From To I Amount Insured Rate Premium
07/01/91 107/01/92 $50,1)00,000. VRS $139,612.
Forms Attached:
Manusrript Fnrm CC/SP (7-91 )
•At 12:01 A.M.Standard Time at place of issuance as to each of said dates.
Unless physically deleted by the Company, the following clauses shall be paramount and shall supersede and nullify any
contrary provision of the Policy.
This Policy does not insure against loss or damage caused by or resulting from:
(1) Hostile or warlike action in time of peace or war,including action in hindering,combating or defending against an actual
impending or expected attack,(a)by any government or sovereign power(de jure or de facto),or by any authority main-
taining or using military, naval or air forces;or(b) by military,naval or air forces;or(c) by an agent of any such govern-
ment,power,authority or forces:
(2) Any weapon of war,employing atomic fission or radioactive force whether in time of peace or war;
(3) Insurrection, rebellion, revolution, civil war, usurped power. or action taken by governmental authority in hindering,
combating or defending against such an occurrence, seizure or destruction under quarantine or Customs regulations.
confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade.
It is agreed that if this Policy insures against the peril of Fire, Clause A below shall apply,but if this Policy does not insure
against the peril of Fire,Clause B below shall apply,as follows:
A. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all
whether controlled or uncontrolled. and whether such loss be direct or indirect,proximate or remote,or be in whole or
in part caused by,contributed to,or aggravated by the peril(s)insured against in this Policy:however,subject to the fore-
going and all provisions of this Policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radio-
active contamination is insured against by this Policy.
B. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or radioactive contamination, all
whether controlled or uncontrolled, and whether such loss be direct or indirect, proximate or remote,or be in whole or
in part caused by,contributed to,or aggravated by the peril(s) insured against in this Policy.
THIS POLICY IS MADE AND ACCEPTED SUBJECT TO THE FOREGOING STIPULATIONS AND CONDITIONS, together
with such other provisions, agreements or conditions as may be endorsed hereon or added hereto: and no officer, agent or
other representative of this Company shall have power to waive or be deemed to have waived any provision or condition of
• this Policy unless such waiver, if any,shall be written upon or attached hereto,nor shall any privilege or permission affecting
the insurance under this Policy exist or be claimed by the Insured unless so written or attached.
ST. PAUL FIRE AND MARINE INSURANCE COMPANY ONLY: I
Provisions Required by Law to be Stated in this Polict"—"This Policy is issued under and in pursuance of the laws of the State
of Minnesota,relating to Guaranty Surplus and Special Reserve Funds."Chapter 437. General Laws of 1909.
In Witness Whereof, this Company has executed and attested these presents;but this Policy shall not be valid unless counter-
signed by a duly authorized Agent of the Company.
stc tar.
President.
August 26, 1991 Denver, Colorado
Countersignature Date Countersigned At Agent
HI IHUrl runIVIJ htllt
CONDITIONS
MISREPRESENTATION OR FRAUD.
This Policy shall be void if the Insured has concealed or misrepresented any material fact or circumstances concerning this insurance or the
subject thereof or in case of any fraud, attempted fraud or false swearing by the Insured touching any matter relating to this insurance or the
subject thereof,whether before or after a loss.
NOTICE OF LOSS.
The Insured shall as soon as practicable report to this Company or its agent every loss or damage which may become a claim under this
Policy and shall also tile with the Company or its agent within ninety(90)days from date of loss a detailed sworn proof of loss. Failure by the
Insured to report the said loss or damage and to file such sworn proof of loss as hereinbefore provided shall invalidate any claim under this
Policy for such loss.
EXAMINATION UNDER OATH.
The Insured shall submit, and so far as is within his or their power shall cause all other persons interested in the property and members of
the household and employees to submit, to examinations under oath by any persons named by the Company.relative to any and all matters in
connection with a claim and subscribe the same: and shall produce for examination all books of account, bills,invoices,and other vouchers or
certified copies thereof if originals be lost, at such reasonable time and place as may be designated by the Company or its representatives,and
shall permit extracts and copies thereof to be made.
SETTLEMENT OF LOSS.
All adjusted claims shall be paid or made good to the Insured within sixty(60)days after presentation and acceptance of satisfactory proof
of interest and less at the office of this Company. No loss shall be paid hereunder if the Insured has collected the same from others.
NO BENEFIT TO BAILEE.
This insurance shall in no wise inure directly or indirectly to the benefit of any carrier or other bailee.
SUBROGATION.
In the event of any payment under this Policy the Company shall be subrogated to all the Insured's rights of recovery therefor against any
person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights.
The Insured shall do nothing after loss to prejudice such rights.
PAIR,SET OR PARTS.
It is understood and agreed that, in the event of loss of or damage to any article or articles which are a part of a set,the measure of loss of
or damage to such article or articles shall be a reasonable and fair proportion of the total value of the set,giving consideration to the import-
ance of said article or articles:but in no event shall such loss or damage be construed to mean total loss of set.
In case of loss or injury to any part of the insured property consisting, when complete for sale or use,of several parts,this Company shall
only be liable for the insured value of the part lost or damaged.
SUE AND LABOR.
In case of loss or damage. it shall be lawful and necessary for the Insured.his or their factors,servants and assigns, to sue,labor,and travel
for,in and about the defense,safeguard and recovery of the property insured hereunder, or any part thereof without prejudice to this insurance;
nor shall the acts of the Insured or this Company, in recovering, saving and preserving the property insured in case of loss or damage,be con-
sidered a waiver or an acceptance of abandonment: to the charge whereof this Company will contribute according to the rate and quantity of
the sum herein insured.
SUIT.
No suit, action or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless the
same be commenced within twelve (12) months next after discovery by the Insured of the occurrence which gives rise to the claim.Provided,
however, that if by the laws of the State within which this Policy is issued such limitation is invalid, then any such claims shall be void unless
such action,suit or proceeding be commenced within the shortest limit of time permitted by the laws of such State to be fixed herein.
APPRAISAL.
If the Insured and the Company fail to agree as to the amount of loss.each shall,on the written demand of either,made within sixty days
after receipt of proof of loss by the Company, select a competent and disinterested appraiser, and the appraisal shall be made at a reasonable
time and place. The appraisers shall first select a competent and disinterested umpire, and failing for fifteen days to agree upon such umpire.
then, on the request of the Insured or the Company. such umpire shall be selected by a judge of a court of record in the state in which such
appraisal is pending. The appraisers shall then appraise the loss, stating separately the actual cash value at the time of loss and the amount of
loss, and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the amount of loss. The
Insured and the Company shall each pay his or its chosen appraiser and shall bear equally the other expenses of the appraisal and umpire. The
Company shall not be held to have waived any of its rights by any act relating to appraisal.
CANCELLATION.
This Policy may be cancelled by the Insured by mailing to the Company written notice stating when thereafter such cancellation shall be
effective. This Policy may be cancelled by the Company by mailing to the Insured at the address shown in this Policy or last known address
written notice stating when not less than ten days thereafter such cancellation shall be effective- The mailing of notice as aforesaid shall be
sufficient proof of notice and the effective date of cancellation stated in the notice shall become the end of the policy period. Delivery of such
written notice either by the Insured or by the Company shall be equivalent to mailing.
If the Insured cancels, earned premiums shall be computed in accordance with the customary short rate table and procedure.If the Com-
pany cancels, earned premiums shall be computed pro rata. Premium adjustment may be made at the time cancellation is effected and,if not
then made, shall be made as soon as practicable after cancellation becomes effective. The Company's check or the check of its representative
mailed or delivered as aforesaid shall be a sufficient tender of any refund of premium due to the Insured.
13117 Rev. 7.78 Pr,nted in U.S.A. Page 2
DECLARATIONS
Named Insured: Colorado Counties Casualty & Property Pool
1 . This policy covers Blanket Real, Personal Property, Contractors Equipment,
Fine Arts, Glass, Valuable Papers, Data Processing Equipment and Media,
Extra Expense, Builders Risks and Installations, Transit, and Vehicle Damage.
2. Limit of Liability
The Insurer(s) shall not be liable hereunder in any one loss, casualty or disaster
for more than $50.000.000. per occurrence. For sublimits refer to page 1 of 8,
paragraph III.
3. In consideration of the provisions and stipulations herein, this policy shall apply
for a term of one (1) year commencing on the 1st day of July, 1991 at 12:01
a.m., and expiring the 1st day of July, 1992, at 12:01 a.m., except where
(statutory requirements) this policy must begin at noon, standard time at the
locations of property insured hereunder. The premium for this term is $139.612.
4. Each claim for loss or damage shall be adjusted separately and the Insurer's
liability shall be limited to that amount excess of $150.000.
Attached to and made part of policy number 102KA0495 of the St. Paul Fire and
Marine Insurance Company.
DATE: August 20. 1991
AGENT (,7-`1,L,,I,//:-Thz,,,
`9l
ENDORSEMENT attaching to and forming part of Policy Number 102KA049t5, in the name of
Colorado Counties, Casualty and Property Pool.
Effective date of this endorsement is July 1 , 1991. Endorsement Number 1 to Declarations Page
ENDORSEMENT 1 TO DECLARATIONS PAGE
It is hereby understood and agreed that the Named Insured is as follows:
NAMED INSURED:
Colorado Counties Casualty & Property Pool and each county member as endorsed herein as their
interest may appear:
County Membership
Member Counties Member Counties
Alamosa Las Animas
Archuleta Lincoln
Baca Logan
Bent Mineral
Chaffee Montrose
Cheyenne Morgan
Clear Creek Otero
Conejos Ouray
Costilla Park
Crowley Phillips
Delta Pitkin
Dolores Prowers
Douglas Pueblo
Eagle Rio Blanco
Elbert Rio Grande
Fremont Routt
Garfield Saguache
Gilpin San Juan
Grand Sedgwick
Gunnison Summit
Hinsdale Teller
Huerfano Washington
Jackson Weld
Kiowa Yuma
Kit Carson
Lake
La Plata
NAME OF INSURED
It is agreed that the unqualified word "Insured" wherever used in this insurance includes not
only the Named Insured but also -
any official, trustee or employee of the Named Insured while acting within the scope of
his duties as such, and any person, orgainization, trustee or estate to whom the
Named Insured is obligated by virtue of written contract or agreement to provide
insurance such as is offered by this Insurance, but only in respect to operations by or
on behalf of the Named Insured;
II. TERRITORY
This policy covers anywhere in the Continental United States of America and Canada.
III. ULTIMATE NET LOSS
In calculating the amount of Ultimate Net Loss, this insurance is deemed to have the
following maximum sublimits:
A. $50,000.000. in the aggregate annually as respects any Flood loss.
B. $50,000,000. in the aggregate annually as respects any Earthquake loss.
C. $ 1 .000.000. newly acquired property, per location, values in excess of
$1 ,000,000. are to be reported to this Company in sixty (60) days.
D. $ 1 ,000,000. builders risks, renovations, repairs made by the Insured at any
location (including new locations) within the territorial limits of the
policy, any one occurrence.
E. $ 500.000. at any unscheduled location, any one occurrence.
IV. SERVICE ORGANIZATION
This Insurance is issued to the Insured on the express condition that the Insured undertakes
to utilize at all times the services of Rollins Technical Services. This Service Organization
shall perform the following duties:
A. Discharge the Insured's obligations under the terms of this Agreement by
administering a complete claims handling program.
B. Maintain accurate records of all reported claims and details incident to loss and
expense payments.
C. Furnish monthly claims records on an approved form.
The acceptance of these services shall be a condition precedent to any liability which may
attach to the Underwriters in accordance with the terms and conditions of this Insurance.
CC/SP (7-91) 1
SECTION I - PROPERTY INSURANCE
SECTION I - INSURING AGREEMENTS
AGREEMENT A - BUILDING AND CONTENTS: Underwriters agree, subject to the
limitaitons, terms and conditions of this Insurance, to indemnify the Insured for risks of
physical loss or damage to All Real or Personal Property of every kind and description,
wherever located, occurring during the period of this Insurance.
AGREEMENT B - AUTOMOBILE: Underwriters agree, subject to the limitations, terms and
conditions of this Insurance, to indemnify the Insured for loss or damage to Automobiles
owned by the Insured or on which the Insured has an obligation to provide adequate
insurance, wherever located, against Risks of Direct Physical Loss, including Collision of the
Automobile with another object.
SECTION I - DEFINITIONS
1 . PROPERTY OF THE INSURED: The term "Insured's Property" shall mean All Real and
Personal Property, including leasehold improvements or betterments which the
Insured owns, property which the Insured holds on consignments or agrees to insure
by any contractual agreement normal to its operations.
2. AUTOMOBILE: The term "Automobile" shall mean any motor vehicle, trailer or semi-
trailer, including its equipment and any other equipment permanently attached thereto.
The word "Trailer" shall include semi-trailer.
3. ULTIMATE NET LOSS: The words "Ultimate Net Loss" in respect of this section shall
be understood to mean the loss sustained by the Insured after making deductions for
all recoveries and salvages.
4. EARTHQUAKE: If more than one earthquake shock shall occur within any period of
seventy-two (72) hours during the term of this Insurance, such earthquake shock shall
be deemed to be a single earthquake within the meaning thereof.
5. VALUABLE PAPERS: The term Valuable Papers shall mean:
Written, printed or otherwise inscribed documents and records, including books, maps,
films, drawings, abstracts, deeds, mortgages and manuscripts, but does not mean
money and securities, but includes additional costs to research or restore damaged
documents, drawings or records.
6. ACCOUNTS RECEIVABLE: The term "Accounts Receivable" shall mean:
a) All sums due the Insured from customers provided the Insured is unable to
effect collection thereof as the result of covered loss or damage to records of
accounts receivable;
b) Interest charges on any loan to offset impaired collections pending repayment
of such sums made uncollectible by such loss or damage;
CC/SP (7-91) 2
c) Collection expense in excess of normal collection caused and made necessary
because of such loss or damage;
d) Other expenses when reasonably incurred by the Insured in re-establishing
records of accounts receivable following such loss and/or damage.
The following special exclusions apply to Accounts Receivable Coverage; this policy
does not insure against:
1) Loss due to bookkeeping, accounting or billing errors or omissions;
2) Loss, the proof of which as to factual existence, is dependent upon an audit of
records or an inventory computation, but this shall not preclude the use of such
procedures in support of claim for loss which the Insured can prove, through
evidence wholly apart therefrom, is due solely to a risk of loss to records of
accounts receivable not otherwise excluded hereunder;
3) Loss due to alteration, falsification, manipulation, concealment, destruction or
disposal of records of accounts receivable committed to conceal the wrongful
giving, taking, obtaining or withholding of money, securities or other property
but only to the extent of such wrongful giving, taking, obtaining or withholding.
7. OCCURRENCE: "Occurrence" means all covered loss, damage, or a sequence of
losses or damage, casualties or disasters, arising from a single event or catastrophe.
So far as loss involving in whole or in part, the perils of wind, (including hurricanes,
tornadoes, cyclone), snow, rain, or hail is concerned a single event shall mean one
single atmospheric disturbance during a continuous period of seventy-two (72) hours
(not limited by the date on which coverage under this policy ceases).
SECTION I - EXCLUSIONS
WITH aEGAEunaLL, PROPERTY. THIS INSURANCE DOES NOT INSURE AGAINST:
1 . Loss by moth, vermin, termites or other insects; wear, tear or gradual deterioration; rust, wet
or dry rot, or mold.
2. Loss or damage caused by:
a) Radioactive or fissionable material.
b) Contamination, other than by (a) above, unless directly resulting from Fire or Extended
Coverage perils.
3. Loss resulting from loss of use, delay or loss of markets.
4. Breakdown of machinery and/or boiler explosion but not excluding loss resulting therefrom.
This exclusion shall not apply as respects to EDP equipment and media.
5. Loss resulting from dampness of atmosphere or variation in temperature unless caused by
the perils of Fire and Extended Coverage. This exclusion shall not be deemed to exclude
loss resulting from freezing.
CC/SP (7-91) 3
6. Loss of electrical appliances or devices of any kind, including wiring, arising from electrical
injury or disturbance to the said electrical appliances or devices or wiring from artificial
causes unless fire or explosion ensues, and then only for direct loss or damage caused by
fire or explosion.
WITH REGARD TO ALL REAL PROPERTY, THIS INSURANCE DOES NOT INSURF AGAINST'
Loss by normal settling, normal shrinkage or normal expansion in foundations, walls, floors or
ceilings.
WITH REGARD TO PERSONAL PROPERTY, THIS INSURANCE DOFS NOT INSURE AGAINST:
1 . Loss by mechanical derangement, inherent vice or latent defect.
2. Loss resulting from processing or faulty workmanship, unless fire and/or explosion ensues,
and then only for direct loss or damage caused by such ensuing fire or explosion.
3. Loss resulting from shrinkage, evaporation, loss of weight or leakage, unless such loss is
caused directly by fire or the combating thereof, lightning, windstorm, hail explosion, strike,
riot or civil commotion, aircraft, vehicles, breakage of pipes or apparatus, sprinkler leakage,
vandalism and malicious mischief, theft or attempted theft.
4. Inventory shortage, mysterious disappearances or loss resulting from any kind of infidelity or
dishonesty on the part of the Insured or any of his employees.
PROPERTY EXCLUDED FROM COVERAGE HEREUNDER:
Animals, aircraft, standing timber, growing crops, currency, money, notes and securities.
SECTION I - CONDITIONS
1. VALUATION: The Underwriters shall not be liable for loss or damage in excess of:
A. (Real and Personal Property - other than automobile) - the cost to repair, rebuild or
replace the destroyed or damaged property in a condition equal to but not superior to
or more extensive than its condition when new. If the Insured decides to replace
destroyed or damaged propety on another site, cost of such site is not included
hereunder.
It is a requirement that if the Insured does not repair, replace or rebuild the property
within two years from the date of loss, this property shall be valued at ACV.
B. (Automobile) - the actual cash value of the automobile at the time of loss.
2. DEBRIS REMOVAL: This Insurance covers the expense of removal from the premises
containing the property insured hereunder of debris remaining after any loss hereby insured
against, except that there shall be no liability assumed for the expense of removal of any
•
foundations.
CC/SP (7-91) 4
3. REMOVAL CLAUSE: This Insurance covers the expense and damage occasioned by
removal from the premises endangered by the perils insured against wherever such property
is located or removed for preservation.
4. ARCHITECTS FEES: This Insurance covers the additional assessement involving architects'
fees for consultations arising from losses resulting from an insured peril. Fees are limited to
seven (7%) percent of replacement cost.
5. APPRAISAL: In the event the Insured and Underwriters are unable to agree as to the amount
necessary to rebuild, repair or replace the damaged or destroyed property or the actual
amount of reimbursement to be paid, each party shall name a competent and disinterested
umpire. The appraisers together shall obtain reconstruction estimates, and calculate the
amounts of reimbursement due, and failing to agree, shall submit their differences to the
umpire.
The award, in writing, duly verified by any two shall determine the points in question. Both
parties shall pay the cost of their own appraisers and equally pro rate the cost of the umpire.
6. CIVIL AUTHORITY CLAUSE: Notwithstanding anything contained in this Insurance, property
which is insured under this Insurance is also covered against the risk of damage or
destruction by civil authority during a conflagration and for the purpose of retarding the same;
provided that neither such conflagration nor such damage or destruction is caused or
contributed to by war, invasion, revolution, rebellion, insurrection or other hostilities or warlike
operations.
7. ORDINANCE DEFICIENCY CLAUSE: Notwithstanding anything contained herein to the
contrary, the Underwriters shall be liable also for the loss occasioned by the enforcement of
any state or municipal law, ordinance or code, which necessitates, in repairing or rebuilding,
replacement of material to meet such requirements. If demolition is required to comply with
such enforcement, Underwriters shall also be liable for such additional costs.
8. EXPENSE TO REDUCE OR PREVENT LOSS: This Insurance also covers such expenses as
are necessarily incurred for the purpose of reducing or preventing any loss under this
Insurance not exceeding, however, the amount by which the loss under this Insurance is
thereby reduced.
CC/SP (7-91) 5
SECTION II - GENERAL CONDITIONS
1. PREMIUM PROVISION:
See Declarations Page.
2. SALVAGE AND RECOVERY CLAUSE:
All salvages, recoveries and payments recovered or received subsequent to a loss
settlement under this Insurance shall be applied as if recovered or received prior to the said
settlement and all necessary adjustments shall be made by the parties hereto.
3. INSPECTIONS, AUDIT AND VERIFICATION OF VALUES:
The Underwriters or their duly authorized representatives shall be permitted at all reasonable
times during continuance of this Insurance to inspect the premises used by the Insured and to
examine the Insured's books or records so far as they relate to coverage afforded by this
Insurance.
4. RECORDS:
It is hereby understood and agreed that the records and books as kept by the Insured shall
be acceptable to Underwriters in determining the amount of loss or damage covered
hereunder.
5. DUE DILIGENCE CLAUSE:
The Insured shall use due diligence and do and concur in doing all things reasonably
practicable to avoid or diminish any loss of or damage to the property herein insured.
6. CANCELLATION:
This Insurance may be cancelled as of any anniversary date by either of the parties upon
written notice to the other party, provided said notice is issued at least ninety (90) days prior
to the said anniversary.
If the period of limitation relating to the giving of notice is prohibited or made void by any law
controlling the construction thereof, such period shall be deemed to be amended so as to be
equal to the minimum period of limitation permitted by such law.
7. CURRENCY:
The premium and losses under this Insurance are payable in United States currency.
Payment of premium shall be made to Rollins Burdick Hunter of Colorado.
8. BANKRUPTCY AND INSOLVENCY:
In the event of the bankruptcy or insolvency of the Insured or any entity comprising the
Insured, the Underwriters shall not be relieved of the payment of any claims hereunder
because of such bankruptcy or insolvency.
CC/SP (7-91) 6
9. OTHER INSURANCE:
If the Insured has other Insurance against loss covered by this Insurance the Underwriters
shall be liable, under the terms of this Insurance, only as excess of coverage provided by
such other Insurance and no monies payable or collectable from such other insurance shall
accrue in the aggregate loss fund of this Insurance.
10. MORTGAGE CLAUSE:
The interest of any mortgagor on property covered hereunder is included as if a separate
endorsement were attached hereto to the extent of the amount of mortgage as of the date of
loss subject to the limits of liability set forth in this Insurance.
11 . CLAIMS:
The Insured shall immediately notify Underwriters through Rollins Technical Services by
registered mail, of any occurrence, the cost of which is likely to result in payment by
Underwriters under this Insurance. Underwriters shall have the opportunity to be associated
with the Insured in defense of any claims, suits, or proceedings relative to an occurrence
wherein the opinion of the Underwriters, their liability under this Insurance is likely to be
involved, in which case the Insured and Underwriters shall cooperate to the mutual
advantage of both.
12. LOSS PAYMENTS:
When it has been determined that Underwriters are liable under this Insurance, Underwriters
shall thereafter promptly reimburse the Insured for all payments made in excess of the
amounts stated in the Limits Agreement. All adjusted claims shall be paid or made good to
the Insured within thirty days after their presentation to Rollins Technical Services and
acceptance by Underwriters of satisfactory proof of interest and loss.
13. APPEAL:
In the event the Insured and Underwriters are unable to agree to the advisability of appealing
a judgment, a disinterested attorney, mutually agreeable to the Underwriters and the Insured,
shall be retained and directed to render a written opinion as to his recommendation
concerning such appeal. Such written recommendation shall be binding on both the Insured
and Underwriters. Fees of such retained attorney shall be borne equally by both parties for
the services of rendering his recommendation only. The Insured's portion of such fee shall
not accrue in the aggregate loss fund.
14. LITIGATION PROCEEDINGS:
No suit to recover on account of loss under this Insurance shall be brought until ninety days
after the proof of loss shall have been furnished, nor at all unless commenced within twenty-
seven months from the date upon which loss occurred, if such loss is within the knowledge of
the Insured; if not, the twenty-seven months shall begin upon notice to the Insured to such
loss or claim.
CC/SP (7-91) 7
15. SUBROGATION:
the Underwriters shall be subrogated to all rights which the Insured may have against any
person or other entity in respect to any claim or payment made under this Insurance, and the
Insured shall execute all papers required by the Underwriters and shall cooperate with the
Underwriters to secure Underwriter's rights. In case any reimbursement obtained or recovery
made by the Insured or the Underwriters on account of any loss covered by this Insurance,
the net amount of such reimbursement or recovery, after deducting the actual cost of
obtaining or making the same, shall be first applied in the following order:
a) Amount of loss which exceeds the applicable limit of liability.
b) To reduce the Underwriters' loss until the Underwriters are fully reimbursed.
c) To reduce the Insured's loss because of the application of the aggregate loss fund.
16. WAIVER OF SUBROGATION:
This Insurance shall not be invalidated if the Insured 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.
17. CONFLICTING STATUTES:
In the event that any provision of this Insurance is unenforceable by the Insured under the
laws of any state or other jurisdiction wherein it is claimed that the Insured is liable for any
injury covered hereby because of non-compliance with any statute thereof, then this policy
shall be enforceable for the Insured with the same effect as if it complied with such statutes.
18. ASSIGNMENT:
Assignment of interest under this Insurance shall not bind the Underwriters until the
Underwriters' consent is endorsed hereon.
19. CHANGES:
By acceptance of this Insurance, the Insured agrees that it embodies all agreements existing
between the Insured and Underwriters or any of its agents relating to this Insurance. None of
the provisions, conditions or other terms of this Insurance shall be waived or altered except
by endorsement; nor shall notice to any agent or knowledge possessed by any agent or by
any other person be held to effect a waiver or change in any part of this Insurance.
20. WAR CLAUSE:
Coverage does not apply under this Insurance for loss or damage directly or indirectly
occasiorad 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 declared or not), civil war, rebellion, revolution,
insurrection, military or usurped power, confiscation or nationalization or requisition or
CC/SP (7-91) 8
directly from that fire shall (subject to the provisions of this Policy) be covered excluding,
however, all loss or damage caused by nuclear reaction, nuclear radiation or radioactive
contamination arising directly or indirectly from that fire.
7. Loss or damage caused by breakdown or derangement of refrigerating units.
DEDUCTIBLE(S)
Each loss or series of losses arising out of one event shall be adjusted separately and from the
amount of each such adjusted loss the sum(s) stated shall be deducted.
PROPERTY EXCLUDED
This Extension does not cover:
1 . a. Aircraft, watercraft, vehicles designed for highway use, animals, jewelry, precious
stones and furs or garments trimmed with fur.
b. Currency, money, notes, securities, deeds, and evidences of debt
2. Property in due course of ocean marine transit.
3. Shipments by mail after delivery into the custody of the Post Office Department.
4. Samples whilst in the care, custody or control of salesmen.
CONDITIONS
1 . The Insured may accept without prejudice to this insurance the ordinary bills of lading or
receipts issued by carriers including those containing released and/or partially released
value provisions, but the Insured shall not enter into any special agreement with carriers
releasing them from their common law or statutory liability.
2. Property insured hereunder shall be valued as follows:
A. Sold property at the actual net invoice price of the Insured.
B. Unsold property at the actual cash value of the property at the time any loss or damage
occurs with property deduction for depreciation and in no event to exceed what it
would cost to repair or replace the property with material of like kind and quality.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: August 20. 1991
St. Paul Fire and Marine Insurance Company
By St. Paul Fire and Marine Insurance
Company
J
2 of 2
ENDORSEMENT attaching to and forming part of Policy Number 102KA0495 in the name of
Colorado Counties, Casualty and Property Pool.
Effective date of this endorsement is July 1 , 1991 . Endorsement Number 1 to CC/SP (7-91)
TRANSIT EXTENSION
INSURING CLAUSE
In consideration of the premium paid and subject to the terms, limits and conditions of the policy to
which this Extension is attached and to the following conditions and exclusions, this insurance is
hereby extended to cover:
Personal property of the Insured or property held by the Insured in trust or on
commission or on consignment for which the Insured may be held legally liable while
in due course of transit within the limits of the Continental United States of America
(excluding Hawaii) and Canada, against All Risks of Direct Physical Loss or Damage
to the property insured occurring during the period of this policy (including general
average and salvage charges on shipments covered while waterborne).
PERILS EXCLUDED
This extension does not insure against:
1 . Loss or damage to personal property resulting from:
shrinkage, evaporation, loss of weight, leakage, breakage of glass or other fragile articles,
marring, scratching, exposure to light, or change in color, texture or flavor, unless such loss is
caused directly by fire or the combating thereof, lightning, windstorm, hail, explosion, strike,
riot or civil commotion, aircraft, vehicles, breakage of pipes or apparatus, sprinkler leakage,
vandalism and malicious mischief, theft or attempted theft.
2. Loss of use, delay or loss of markets.
3. Loss or damage caused by or resulting from moth, vermin, termites, or other insects, inherent
vice, latent defect, wear, tear or gradual deterioration; contamination; rust, wet or dry rot,
mold, dampness of atmosphere, smog or extremes of temperature.
4. Loss or damage caused by or resulting from misappropriation, conversion, infidelity or any
dishonest act on the part of the Insured or other party of interest, his or their employees or
agents to others to whom the property may be delivered or entrusted (carriers for hire
excepted).
5. Loss or damage to the property insured occasioned by war, invasion, hostilities, acts of
foreign enemies, civil war, rebellion, insurrection, military or usurped power or martial law or
confiscation by order of any government or public authority.
6. Loss or damage arising directly or indirectly from nuclear reaction, nuclear radiation or
radioactive contamination however such nuclear reaction, nuclear radiation or radioactive
contamination may have been caused. Nevertheless, if a fire arises directly or indirectly from
nuclear reaction, nuclear radiation or radioactive contamination, any loss or damage arising
1 of 2
directly from that fire shall (subject to the provisions of this Policy) be covered excluding,
however, all loss or damage caused by nuclear reaction, nuclear radiation or radioactive
contamination arising directly or indirectly from that fire.
7. Loss or damage caused by breakdown or derangement of refrigerating units.
DEDUCTIBLE(S)
Each loss or series of losses arising out of one event shall be adjusted separately and from the
amount of each such adjusted loss the sum(s) stated shall be deducted.
PROPERTY EXCLUDED
This Extension does not cover:
1 . a. Aircraft, watercraft, vehicles designed for highway use, animals, jewelry, precious
stones and furs or garments trimmed with fur.
b. Accounts, bills currency, money, notes, securities, deeds, evidences of debt and
valuable papers.
2. Property in due course of ocean marine transit.
3. Shipments by mail after delivery into the custody of the Post Office Department.
4. Samples whilst in the care, custody or control of salesmen.
CONDITIONS
1 . The Insured may accept without prejudice to this insurance the ordinary bills of lading or
receipts issued by carriers including those containing released and/or partially released
value provisions, but the Insured shall not enter into any special agreement with carriers
releasing them from their common law or statutory liability.
2. Property insured hereunder shall be valued as follows:
A. Sold property at the actual net invoice price of the Insured.
B. Unsold property at the actual cash value of the property at the time any loss or damage
occurs with property deduction for depreciation and in no event to exceed what it
would cost to repair or replace the property with material of like kind and quality.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: August 20, 1991
St. Paul Fire and Marine Insurance Company
St. Paul Fire aria Marine Insurance Company
By
2of2
ENDORSEMENT attaching to and forming part of Policy Number 102KA0495 in the name of
Colorado Counties, Casualty and Property Pool.
Effective date of this endorsement is July 1 , 1991 . Endorsement Number 2 to CC/SP (7-91)
EXTRA EXPENSE
40/80/100% OF LIMIT
It is agreed that if the property insured by Insuring Agreement A of Section I is damaged or
destroyed by perils insured against in said Insuring Agreement A during the period of this Insurance
so as to necessitate the incurrence of Extra Expense (as defined below) the Underwriters shall be
liable for the Extra Expense so incurred, not exceeding the actual loss sustained, for not exceeding
such length of time, hereinafter referred to as the "period of restoration".
It is further agreed that this extension of coverage shall not operate to increase the Underwriters
limits of liability hereunder.
Underwriters shall be liable for no greater percentage of the amount of this Policy than is stated
below for the determined period of restoration.
40% if period of restoration is not in excess of one month;
80% if period of restoration exceeds one month but does not exceed two months;
100% if period of restoration exceeds two months.
DEFINITIONS
a. Extra Expense: The term "Extra Expense" means the excess (if any) of the total cost incurred
during the period of restoration chargeable to the operation of the Insured's business, over
and above the total cost that would normally have been incurred to conduct the business
during the same period had no damage or destruction occurred.
b. Normal: The term "Normal wherever used herein shall mean; the condition that would have
existed had no loss occurred.
c. Month; The word "month" wherever used herein means 30 consecutive days.
d. Period of Restoration: The term "period of restoration" means such length of time
commencing with the date of damage and not limited by the date of expiration of this policy,
as would be required with the exercise of due diligence and dispatch to repair, rebuild or
replace such part of the Insured's property as has been damaged or destroyed.
CONDITIONS
a. Resumption of Operations: It is a condition of this Insurance that as soon as practicable, the
Insured shall resume normal operations of the business and shall dispense with such extra
expense.
1 of 2
b. Interruption by Civil Authority: Liability hereunder is extended to include actual loss as
covered hereunder, sustained during the period of time, not exceeding two weeks, when as a
direct result of a peril insured against, access to the premises in which the property described
is located is prohibited by order of civil authority.
EXCLUSIONS
In addition to the General Exclusions of this Insurance, Underwriters shall not be liable for Extra
Expense resulting from:
a. The suspension, lapse or cancellation of any lease, license, contract or order beyond the
period of restoration;
b. Interference at premises by strikers or other persons with rebuilding, repairing or replacing
the property damaged or destroyed or with the resumption or continuation of business;
c. Enforcement of any local or state ordinance or law regulating construction, repair or
demolition of buildings or structures;
Further, Underwriters shall not be liable for:
a. more than the amount set forth in the limits of liability for each premises;
b. loss of income;
c. the cost of repairing or replacing any of the real or personal property covered hereunder, or
the cost of research or other expense necessary to replace or restore damage or destroyed
books of account, abstracts, drawings, card index systems or other records (including film,
tape, disc, drum, cell or other magnetic recording or storage media for electronic data
processing), that have been damaged or destroyed by the perils insured against, except cost
in excess of the normal cost of such repair, replacement or restoration necessarily incurred
for the purpose of reducing loss under this policy. In no event shall such excess cost exceed
the amount by which the total extra expense loss otherwise payable under this policy is
thereby reduced;
d. loss resulting from theft of any property which at the time of loss is not an integral part of a
building or structure (except direct loss by pillage and looting occurring during and at the
immediate place of a riot or civil commotion), unless loss by a peril not excluded in this policy
ensues from theft or attempted theft, and then the Underwriters shall be liable for only such
ensuing loss;
e. any other consequential or remote loss.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: August 20. 1991
St. PauL,F,ig ppd,Marine.lile �Insu Insurance Company
p`ny
By
2 of 2
ENDORSEMENT attaching to and forming part of Policy Number 102KA0495 in the name of
Colorado Counties, Casualty and Property Pool.
Effective date of this endorsement is July 1 , 1991. Endorsement Number 3 to CC/SP (7-91)
CANCELLATION:
This Insurance may be cancelled as of any anniversary date of either of the parties upon written
notice to the other party stating when, not less than ninety (90) days thereafter cancellation shall be
effected.
If this Insurance shall be cancelled by the Insured, the Underwriters shall retain the customary short
rate proportion of the premium hereon, except that if this Insurance is on an adjustable basis the
Underwriters shall receive the earned premium hereon or the customary short rate proportion of any
minimum premium stipulated herein whichever is the greater.
If this Insurance shall be cancelled by or on behalf of the Underwriters, the Underwriters shall retain
the pro rata proportion of the premium hereon; except that if this Insurance is on an adjustable
basis, the Underwriters shall receive the earned premium hereon or the pro rata proportion of any
minimum premium stipulated herein whichever is the greater.
Payment or tender of any unearned premium by the Underwriters shall not be a condition precedent
to the effectiveness of Cancellation by such payment shall be made as soon as practicable.
If the period of limitation relating to the giving of notice is prohibited or made void by any law
controlling the construction thereof, such period shall be deemed to be amended so as to be equal
to the minimum period of limitation permitted by such law.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: August 20. 1991
St. PaulsFtrei a rtadoMeijneitsurap meCompany
By .
ENDORSEMENT attaching to and forming part of Policy Number 102KA0495 in the name of
Colorado Counties, Casualty and Property Pool.
Effective date of this endorsement is July 1 , 1991 . Endorsement Number 4 to CC/SP (7-91)
POLLUTION EXCLUSION ENDORSEMENT
In consideration of the premium charged, it is understood that the following exclusion is added to
Section I, Exclusions:
Pollution caused directly or indirectly by the release, discharge, dispersal, seepage,
migration, or escape of pollutants or contaminants unless the release, discharge, dispersal,
seepage, migration, or escape is caused by fire, lightning, explosion, windstorm, hail,
leakage from fire protection equipment, smoke, vehicles and aircraft, riot, civil commotion,
vandalism, sinkhole collapse, volcanic action, falling objects, weight of snow, ice or sleet, or
water damage. However, this policy does not cover the costs arising out of the enforcement
of any law, ordinance, regulation or order by civil or judicial authority requiring the removal,
disposal, replacement, cleanup, restoration or containment of insured property or for costs to
monitor or test for the existence or effects of pollutants.
This exclusion applies regardless of any other cause or event that contributes concurrently or
in any sequence to the loss.
All other terms and conditions remain unchanged.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: August 21 . 1991
St. Pauli.FFiraraild 'Mfjng0jnsu a ce.Company
By
COMPREHENSIVE ENERGY EQUIPMENT
DECLARATIONS
NAME AND ADDRESS OF AGENCY INSURANCE COMPANY
ROLLINS-BURDICK & HUNTER/COLO THE TRAVELERS INSURANCE COMPANIES
ONE TOWER SQUARE
TEL HARTFORD CT 06183
AGENCY CODE- 00075154
NAME AND MAILING ADDRESS OF INSURED
COLORADO COUNTIES CASUALTY
C/O COLORADO COUNTIES, INC. POLICY PERIOD
1177 GRANT STREET FROM: 07-01-91 TO: 07-01-92
DENVER CO 80203
12:01 A.M. STANDARD TIME AT THE PLACE WHERE ACCIDENT OCCURS.
POLICY NUMBER: J-BMEC-920J592-2-91-TIL
This Boiler and Machinery coverage consists of these Declarations, the coverage forms, schedules and endorsments stated
below and the conpany statement and common policy conditions.
COVERAGE LIMITS DEDUCTIBLES
PROPERTY DAMAGE (PD) $ $ 5, 000
UNLIMITED
BUSINESS INTERRUPTION/ (BI/EE) $
EXTRA EXPENSE UNLIMITED 12 HOURS
FORMS AND ENDORSEMENTS:
BM T1 10 09 87 BM T1 00 09 88 BM T5 00 09 88 IL 02 28 10 89
PREMIUM :$ 60,113
FEES($) : TOTAL FEES :$
GRAND TOTAL:$ 60,113
OFFICE CODE: 052-DENVER, CO (IN-EN-0102357)
COPY
BM TO 01 11 85 Page 01 of 03
CP-5810 NFW 1.co Printed in LISA SIGNATURE OF AUTHORIZED REPRESENTATIVE/DATE
COLORADO COUNTIES CASUALTY
1
POLICY NUMBER: J-BMEC-920J592-2-91-TIL
The full and complete Name of Insured is as follows:
COLORADO COUNTIES CASUALTY AND PROPERTY POOL, ETAL
OBJECT SCHEDULE
DESCRIPTION DESCRIPTION
COMPREHENSIVE-ENERGY EQUIP
•
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COPY
BM TO 01 11 85 Page 02 of 03
ra_Snin Naw Lon o.mton m i i s A SIGNATURE OF AUTHORIZED REPRESENTATIVE/DATE
COLORADO COUNTIES CASUALTY
POLICY NUMBER: J-BMEC-920J592-2-91-TIL
Manuscript paragraph(s) which form a part of this policy is/are as follows:
SEE ATTACHED LIST FOR ADDITIONAL NAMED INSUREDS
SPECIAL LOCATION SCHEDULE - The following is being used on this policy instead of a specific schedule of
"locations" attached to the policy.
All "Locations" owned, operated or under the care, custody or control of the Named Insured, that are located in
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 must submit an updated list of all "locations" to be covered under the policy for the upcoming year; and ,
i
2. The "automatic coverage" extension ceases to apply at any "location" acquired prior to that anniversary date 7
and not on the most current list filed with us.
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COPY
BM TO 01 11 85 07-09-91 009 Page 03 of 03
casein "cw i-"n ".;menin i;c A SIGNATURE OF AUTHORIZED REPRESENTATIVE/DATE
NAMED INSURED: COLORADO COUNTIES CASUALTY AND PROPERTY POOL
POLICY NUMBER: J-BMEC-920J592-2
ISSUE DATE: 07/10/91
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ADDITIONAL NAMED INSUREDS t
f
ALAMOSA COUNTY LA PLATA COUNTY
ARCHULETTA COUNTY LAKE COUNTY
BACA COUNTY LAS ANIMAS COUNTY
BENT COUNTY LINCOLN COUNTY
CHAFFEE COUNTY LOGAN COUNTY
CHEYENNE COUNTY MINERAL COUNTY 4
CLEAR CREEK COUNTY MONTROSE COUNTY •
CONEJOS COUNTY MORGAN COUNTY
COSTILLA COUNTY OTERO COUNTY
CROWLEY COUNTY OURAY COUNTY '
DELTA COUNTY PARK COUNTY
DOLORES COUNTY PHILLIPS COUNTY %
DOUGLAS COUNTY PITKIN COUNTY ;
EAGLE COUNTY PROWERS COUNTY
ELBERT COUNTY PUEBLO COUNTY 4
FREMONT COUNTY RIO BLANCO COUNTY 3
GARFIELD COUNTY RIO GRANDE COUNTY }
GILPIN COUNTY ROUTT COUNTY '
GRAND COUNTY SAGUACHE COUNTY
GUNNISON COUNTY SAN JAUN COUNTY
HINSDALE COUNTY SEDGWICK COUNTY t
HUERFANO COUNTY SUMMIT COUNTY
JACKSON COUNTY TELLER COUNTY #
KIOWA COUNTY WASHINGTON COUNTY
KIT CARSON COUNTY WELD COUNTY
YUMA COUNTY *
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CP-5810 NEW 1-90 Printed in U.S.A. SIGNATURE OF AUTHORIZED REPRESENTATIVE/DATE
-COLORADO COUNTIES CASUALTY AND PROPERLY POOL
1991192 BOARD OF DIRECTORS
•
•
ry'
PRESIDENT
Peter Kenney
Commissioner
Clear Creek County
P.O. Box 2000
Georgetown, CO 80444
(303) 534-5777
VICE PRESIDENT/COMPTROLLER SECRETARY
Don Warden James Spaccamontl
Director of Finance and Administration County Manager
Weld County Pueblo County
P.O. Box 758 10th & Main Sts.
Greeley, CO 80632 Pueblo, CO 81003
(303) 356-4000 (719) 543-3550
DIRECTOR DIRECTOR
Elmer "Buckey" Arbaney James McFarland
Commissioner Commissioner
Garfield County Chaffee County
109 8th St., Ste 300 P.O. Box 699
Glenwood Springs, CO 81601 Salida, CO 81201
(303) 945-9150 (719) 539-2218
DIRECTOR DIRECTOR
Bob Watson Charlie McCall
Commissioner Commissioner
Delta County Fremont County
501 Palmer P.O. Box 1007
Delta, CO 81416 Canon City, CO 81212
(303) 674-7595 (719) 275-1515
•
8/91 A-3
*ESSIIFOOLORAD(XICOUNTIESICASUALTYASe'PROPERTMOURENEF
DESCRIPTION OE COVERAGES ammtpSWINftmagmameRKimommommoommominppromplOmioggi
gingstomignag// 199 ..192 POLXC C MAC , ;;
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VigagagaingSMOSSMObsagmanatlionnEgagnouggewsossesag
MOR / i is / ..,: g :, .;o ..
The following is an outline of the insurance coverage extended to members of the Colorado
Counties Casualty and Property Pool. This summary is intended for your ease in reference and
should not be considered a policy of insurance.
The coverages extended to members of CAPP are subject to the terms and conditions of the
insurance policies issued to CAPP. Each member county has received certified copies of the actual
policies. Should you wish to review the original policies, they are available at the office of the
Administrator, CCI Pool Management Services, 1177 Grant St., Denver, CO 80203, 303/861.4076.
The Agent of Record for the marketing of all excess insurance required by CAPP is Rollins
Burdick Hunter, 1099 Eighteenth Street / Suite 950, Denver CO 80202, 303/298-0099.
Company Coverage Policy Number
American International Group Liability 4265093
St. Paul Insurance Company Property 1021{A0495
Travelers Boiler JBMEC920J592291TIL
8/91 D-1
COLD ADD _COUNTIES
CASUALTY AND PROPERTY POOL
COLORADO COUNTIES CASUALTY AND PROPERTY POOL (HEREIN CALLED CAPP) HEREBY CERTIFIES THAT MEMBER
COUNTY IS A PARTICIPATING MEMBER OF CAPP FOR THE PERIOD BEGINNING JULY 1, 1991 THROUGH JUNE 30, 1992.
THE COVERAGES, CONDITIONS OF MEMBERSHIP AND OTHER PROVISIONS APPLICABLE TO MEMBERS OF CAPP ARE DESCRIBED
IN CAPP's BYLAWS AND IN THE EXCESS POLICIES OBTAINED BY CAPP, A CURRENT COPY OF WHICH IS PROVIDED TO THE
COUNTY.
IN ADDITION TO OTHER LIMBS, THE COVERAGES PROVIDED TO MEMBER COUNTY THROUGH MEMBERSHIP IN CAPP AND
IN CONSIDERATION OF THE PAYMENT OF ITS ANNUAL CONTRIBUTION ARE LIMITED TO:
PROPERTY (INCLUDES EDP, MOBILE EQUIPMENT, AUTO PHYSICAL DAMAGE):
$50,000,000 EACH OCCURRENCE
*ALL RISK BASIS WITH susoors OF $1,000,000 NEWLY ACQUIRED PROPERTY AND
$1,000,000 NEW CONSTRUCTION EACH OCCURRENCE. $500,000 UNSCHEDULED LOCATIONS.
"GENERAL LIABILITY:
BODILY INJURY/PROPERTY DAMAGE $ 400,000 EACH CLAM
"AUTOMOBILE LIABILITY: 400,000 EACH CLAIM
' BODILY INJURY/PROPERTY DAMAGE
PERSONAL INJURY PROTECTION STATUTORY
"ERRORS & OMISSIONS: $ 400,000 EACH CLAIM
$1,000,000 AGGREGATE
CRIME COVERAGES: (UNLESS OTHERWISE STATED) 150,000 EACH Loss
MONIES & SECURITIES (INSIDE): $
MONIES & SECURITIES (OUTSIDE): $ 150,000 EACH Loss
EMPLOYEE FIDELITY: $ 150,000 EACH LOSS
"EXCESS LIABILITY (FEDERAL AND OUT OF STATE ONLY):
$ 600,000 EACH CLAIM
BOLER & MACHINERY:
REPAIR OR REPLACEMENT ACTUAL Loss SUSTAINED
MAINTENANCE DEDUCTIBLE: $ 500 EACH CLAIM
APPLYING ONLY TO PROPERTY, AUTO PHYSICAL DAMAGE, CRIME & BOILER LOSSES
• NEWLY ACQUIRED PROPERTY MUST BE REPORTED WITHIN 60 DAYS
** CLAIMS MADE COVERAGE FORM
CAPP RETAINS $150,000 EACH CLAIM/LOSS FOR PROPERTY AND $250,000 EACH LIABILITY CLAIM/Ws-S.
BY: DATE: JULY 1, 1991
WARREN G. BEHM, ADMINISTRATOR
CCI POOL MANAGEMENT SERVICES
891 D-2
COLORADO COUNI.'IES;CASUALTY % :,!
AM) .PROPERTY'POOL
1991192
TABLE OE',COVERAGES AND LI TS
PROPERTY COVERAGES CASUALTY COVERAGES
St. Paul Insurance Co. American International Group
$50,000,000 limit $750,000 Limit
- All risk type form Special manuscript form
Including flood and earthquake
Includes public officials and sheriff's
Subject to sublimity: liability
- $1,000,000 - Newly acquired property Other extensions of coverage as defined
in coverage form
- $1;000,000 - Builders risk
General, Auto and Errors & Omissions
- $500,000 - Unscheduled locations total liability is statutory of $1,000,000
whichever is less
Coverage is excess of $150,000 per loss
retention Coverage is excess of $250,000 per loss
retention
SELF INSURED FUND
CAPP Pool Loss Fund
First $150,000 on any one property or crime loss
First $250,000 on any one liability claim
Member
$500 maintenance deductible applicable on property, boiler & machinery & crime
coverage
8/91 D-3
1991/92
LIMITS, COVERAGES, RETENTIONS
Property $50,000,000 Each Occurrence
Includes, EDP, inland marine, All Risk Basis
auto physical damage
*General Liability
Personal injury/Property damage $1,000,000 Each Claim
Premises medical payments $ 5,000 Each Person/
$ 100,000 Each Loss
*Automobile Liability
Personal injury/Property damage $1,000,000 Each Claim
Auto medical payments $ 5,000 Each Person/
$ 100,000 Each Loss
*Errors & Omissions $1,000,000 Annual Aggregate
Crime Coverages
Monies and securities (inside) $ 150,000 Each Loss
Monies and securities (outside) $ 150,000 Each Loss
Employee fidelity $ 150,000 Each Loss
Boiler & Machinery
Repair or replacement Actual Loss Sustained
• Claims Made Coverage Form - Retro-Active Date is July 1, 1986 for all counties except:
Weld County 1/15/86
Cheyenne County 2/16/87
Lake County 4/1/87
Fremont County 7/1/87
Grand County 7/1/87
Montrose County 7/1/87
Delta County 1/1/89
Pool Retentions
Specific - Property $ 150,000 Each Loss
Boiler & Machinery $ 5,000 Each Loss
Third Party Liability $ 250,000 Each Claim
Crime $ 150,000 Each Loss
Aggregate (Loss Fund) $3,000,000 Annually
Members Maintenance Deductible $ 500
Applying only to property, auto physical damage, boiler and machinery, and crime losses.
Each individual county is responsible for its losses within the maintenance deductible
1) Limits are inclusive of the assured's retention.
2) This is summary information only. Refer to the individual policies for exact terms and
conditions
8/91 D-7
COLORADO COUNTIES CASUALTY AND PROPERTY POOL
CERTIFICATE OF INSURANCE REQUEST FORM
All information must be provided in order to process this request.
COUNTY
Date of Request Date Needed
Coverage requested
(Le, property. general liability. automobile liability, automobile physical damage)
Special provisions to be shown on certificate
(i.e. property address, description of vehicle or mobile equipment, fair)
r
Loss Payee_ Additional Insured_ Mortgagee_
(Check One)
Requested by
Name Phone Number
Return form to:
Trisha Sands
Rollins Burdick Hunter
1099 Eighteenth Street, Suite 950
Denver, CO 80202
(303)-298-0099
sNl H-3
COLORADO COUNTIES CASUALTY AND PROPERTY POOL
BUILDING AND/OR CONTENTS CHANGE FORM
All information must be included to process this form. Use separate form for each building.
COUNTY DATE
ADD DELETE UNDER CONSTRUCTION
Location Address
Type of Building
(primary use)
Construction of building
(i.e., frame, masonry, brick metal, concrete, etc.)
Square footage
Average, Height
Number of Stories
Year built
Heating/Cooling
Sprinkler system Yes No
Elevators Yes No
Other protective safeguards
Value of Contents
Mortgagee Loss Payee
(Check One)
Return form to:
Louella Casias
CCI Casualty & Property Pool
1177 Grant Street
Denver, CO 80203
(303) 861-4076
8, I H-4
COLORADO COUNTIES CASUALTY AND PROPERTY POOL
VEHICLE OR MOBILE EQUIPMENT CHANGE FORM
All information must be included to process this form. Use separate form for each unit.
COUNTY DATE
ADD DELETE
Vehicle Mobile Equipment
Description of unit
(Le. heavy tuck automobile, bus, van,
motor grader, compressor, etc.)
Year
Make
Model
Serial Number/VIN
Actual Cash Value
Loss Payee Additional Insured
Return Form to:
Trisha Sands
Rollins Burdick Hunter
1099 Eighteenth Street, Suite 950
Denver, CO 80202
(303) 298-0099
8/91 H-5
POLICY NUMBER: 426 50 93
Renewal of: 426 27 90
NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURGH, PA
70 PINE STREET, NEW YORK, NEW YORK 10270
EXCESS LIABILITY POLICY
DECLARATIONS
Item 1. NAMED INSURED AND MAILING ADDRESS:
COLORADO COUNTIES CASUALTY AND PROPERTY POOL
1177 GRANT STREET
DENVER, CO 80203
Item 2. POLICY PERIOD: July 1, 1991 To July 1, 1992
Item 3. PREMIUM: $460,000 Minimum and Deposit
Item 4. SELF-INSURED RETENTION: $250,000 ULTIMATE NET LOSS
each and every ACCIDENT
Item 5. LIMIT OF LIABILITY: $750,000 ultimate net loss each accident
excess of the Self-Insured Retention as
stated in Item 4 of the Declarations;
Item 6. RETROACTIVE DATE: July 1, 1986 unless endorsed otherwise.
Item 7. FORMS ATTACHED AT INCEPTION: Manuscript Form, Endorsements
ti
Countersigned by: e
Authorized Representative
- 1 -
0193008M
POLICY NUMBER: 426 50 93
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
(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.
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0193008M
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.
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.
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0193008M
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;
(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 PARTICIPATING 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;
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0193008M
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 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 of a PARTICIPATING MEMBER
COUNTY or any person or organization acting on their behalf, the
following:
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0193008M
(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 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.
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0193008/
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.
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;
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01930084
(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.
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.
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0193008M
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 is issued at least ninety (90) days
prior to the said anniversary.
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0193008M
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, CO 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.
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0193008M
9. LOSS PAYMENTS: When it has been determined that the COMPANY is
liable under this POLICY, the COMPANY shall thereafter promptly
reimburse the NAMED INSURED for its payments made in excess of the
SELF-INSURED RETENTION in the DECLARATIONS.
10. APPEAL: In the event the NAMED INSURED and the COMPANY are
unable to agree to the advisability of appealing any 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
MEMBER COUNTY'S loss within the l SELF-INSURED G
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.
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0193008M
13. CONFLICTING STATUTES: In the event that any provision of this
POLICY is unenforceable under the laws or statutes of any state of
competent jurisdiction, this POLICY shall be conformed to comply with any
such laws or statutes.
14. ASSIGNMENT: Assignment of interest under this POLICY shall not bind
the COMPANY unless its consent is obtained in writing.
15. CHANGES: By acceptance of this POLICY the NAMED INSURED agrees
that it embodies all agreements existing between the NAMED INSURED
and the COMPANY or any of its agents relating to this POLICY. None of
the provisions, conditions or other terms of this POLICY shall be waived or
altered except by endorsement; nor shall notice to any agent or knowledge
possessed by any agent or by any other person be held to effect a waiver
or change in any part of this POLICY.
16. TERRITORY: This POLICY applies to suits brought in the United States of
America and its territories.
17. SERVICE ORGANIZATION: This POLICY is issued to the NAMED
INSURED on the express condition that the NAMED INSURED undertakes
to utilize at all times the services of ROLLINS BURDOCK 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.
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0193008M
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 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.
In witness hereof, we have caused this Policy to be executed and attested, but
this Policy shall not be valid unless countersigned by one of our duly authorized
representatives.
Secretary President
National Union Fire Insurance National Union Fire Insurance
Company of Pittsburgh, PA. Company of Pittsburgh, PA.
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0193008&
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
It is also understood and agreed that the PARTICIPATING MEMBER COUNTIES
hereunder are as follows:
ALAMOSA GRAND PARK
ARCHULETA GUNNISON PHILLIPS
BACA HINSDALE PITKIN
BENT HUERFANO PROWERS
CHAFFEE JACKSON PUEBLO
CHEYENNE KIOWA RIO BLANCO
CLEAR CREEK KIT CARSON RIO GRANDE
CONEJO LAKE ROUTT
COSTILLA LA PLATA SAGUACHE
CROWLEY LAS ANIMAS SAN JUAN
DOLORES LINCOLN SEDGWICK
DOUGLAS LOGAN SUMMIT
EAGLE MINERAL TELLER
ELBERT MONTROSE WASHINGTON
FREMONT MORGAN WELD
GARFIELD OTERO YUMA
GILPIN OURAY
All other terms and conditions remain unchanged.
DATED: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
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.
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0193008■
It is further understood and agreed that the LIMIT OF LIABILITY 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: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
In further consideration of the premium paid and subject to the terms, exclusions
and definitions hereafter 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 a 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 or 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;
(3) the investment or non-investment of funds; or
- 17 -
0193008+
(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: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
NON-OWNED AIRCRAFT ENDORSEMENT
(Endorsement 4.)
In consideration of the premium paid, it is understood and agreed that this
endorsement attaches to and forms part of Policy No. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
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: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008$
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
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: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
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.
Notwithstanding 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.
DATED: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
It is hereby understood and agreed that the NAMED INSURED and all
PARTICIPATING MEMBER COUNTIES have agreed to reject any and all
uninsured motorists coverage (including underinsured motorists coverage).
All other terms and conditions remain unchanged.
DATED: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
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
(g) July 1, 1988 Delta County
All other terms and conditions remain unchanged.
DATED: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
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: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008-
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
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.
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0193008M
All other terms and conditions remain unchanged.
DATED: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
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: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
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. 426 50 93 in the name of
COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date
of this endorsement is July 1, 1991.
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: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
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 "CLAIMS(S)" means any information that may give rise to damages
covered by this POLICY, including suit(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 the EXTENDED REPORTING
PERIOD as described in this disclosure statement.
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0193008(
PRINCIPLE BENEFITS
The principle benefits and coverages are explained in detail in your claims-made
policy. Please read it carefully and consult your agent about any questions you
might have.
EXCEPTIONS, REDUCTIONS AND LIMITATIONS
Your claims-made policy contains certain exceptions, reductions and limitations.
As an example, the time period for reporting potential claims is limited - See
CONDITIONS (3.), NOTICE OF POTENTIAL CLAIMS.
The majority of the limitations, exceptions or reductions within the policy form are
outlined in the DEFINITIONS, CONDITIONS and EXCLUSIONS sections of this
POLICY. Please read them carefully and consult your agent about any questions
you might have.
RENEWALS, TAILS AND EXTENDED REPORTING PERIODS
Your claims-made policy has some unique features relating to renewal,
EXTENDED REPORTING PERIODS, and coverage of occurrences with long
periods of exposure. These special claims-made 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.
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0193008M
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.
The first provides a 60 Day Period beyond policy termination to report claims for
PERSONAL INJURY or PROPERTY DAMAGE occurring during the POLICY
PERIOD. The PERSONAL INJURY or PROPERTY DAMAGE must have occurred
before the end of the POLICY PERIOD, but not before the RETROACTIVE DATE.
Claims first made during this EXTENDED REPORTING PERIOD will be considered
to have been made during the POLICY PERIOD and will be subject to the policy's
LIMIT OF LIABILITY. There is no additional charge for this "tail", but it applies only
if you have no other insurance for the claim.
The second is the EXTENDED REPORTING PERIOD AMENDMENT - This
POLICY also guarantees under certain circumstances that you may purchase an
amendment providing an EXTENDED REPORTING PERIOD for 24 months. With
this amendment, claims made during the EXTENDED REPORTING PERIOD and
after the expiration of the POLICY PERIOD will be considered first made during
the POLICY PERIOD, again, provided that the PERSONAL INJURY or PROPERTY
DAMAGE occurred before the end of the POLICY PERIOD, but not before the
policy's RETROACTIVE DATE. Claims made, under this EXTENDED REPORTING
PERIOD, are subject to a LIMIT OF LIABILITY which is equal to the limits of your
original policy. To obtain this "tail", you must request the amendment in writing
immediately after the end of the POLICY PERIOD, and you must pay an additional
premium.
DATED: NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA.
By:
Its:
DATED: COLORADO COUNTIES CASUALTY
AND PROPERTY POOL
By:
Its:
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0193008M
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT
(BROAD FORM)
(Endorsement 13.)
1. This policy does not apply:
A. Under any Liability Coverage, to bodily injury or property damage
(1) with respect to which an insured under this policy is also an
insured under a nuclear energy liability policy issued by
Nuclear Energy Liability Insurance Association, Mutual
Atomic Energy Liability Underwriters or Nuclear Insurance
Association of Canada, or would be an insured under any
such policy but 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 organization is
required to maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law amendatory thereof,
or (b) the insured is, or had its policy not been issued would
be, entitled to indemnity from the United States of America, or
any agency thereof, under any agreement entered into by the
United States of America, or any agency thereof, with any
person or organization;
B. Under any Medical Payments Coverage, or any Supplemental
Payments provision relating to first aid, to expenses incurred with
respect to bodily injury resulting from the hazardous properties of
nuclear material 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
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0193008O
(3) the bodily injury or property damage arises out of the
furnishing by an insured of services, materials, parts or
equipment in connection with the planning, construction,
maintenance, operation or use of any nuclear facility, but if
such facility 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 packaging waste;
(c) any equipment or device used for processing, fabricating or alloying
of special nuclear material if at any time the total amount of such
material in the custody of the insured at the premises where such
equipment or device is located consists of or contains more than 25
grams of plutonium or uranium 233 or any combination thereof, or
more than 250 grams of uranium 235.
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0193008M
(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.
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0193008M
ENDORSEMENT #14
This endorsement, effective 12:01 A.M. July 1, 1991 forms a part of
policy No. 426 50 93 issued to COLORADO
CASUALTY
PROPERTY POOL AND
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
IT IS AGREED THAT ITEM 2. OF CONDITIONS IS AMENDED TO READ AS
FOLLOWS:
2. NOTICE OF CLAIM: Notice must be given to the COMPANY c/o
SELF INSURERS SERVICES, INC., 1177 Grant Street, Denver, CO
80203, as soon as practicable whenever the NAMED INSURED or a
PARTICIPATING MEMBER COUNTY has reason to believe that a
CLAIM will be forthcoming.
IT IS ALSO AGREED THAT ITEM 3. OF CONDITIONS IS AMENDED TO READ AS
FOLLOWS:
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 SELF INSURERS SERVICES,
INC. or the expiration date of the POLICY PERIOD, whichever is
earlier.
ENDORSEMENT #14
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0193008M
BB/rm
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