HomeMy WebLinkAbout000129.tiff //- 7H County Technical Services, Inc.
MEMORANDUM
Date: March 7, 1994
From: Louella Casias, Technical Asst
To: Designated Correspondents
Subject: CAPP Excess Policies 93/94 - REVISIONS
Enclosed you will find the following:
1. Property Exclusion - Endorsement Number 6 to the St. Paul Property Policy
This is a clarification of the exclusion and does not affect current coverage.
Note: THIS PAGE IS TO BE ADDED TO THE EXISTING ST. PAUL
PROPERTY POLICY
2. Revised Page 1 of the St. Paul Property Policy
This revision reflects a name change to AON Insurance Management Services,
Inc as the claims administrator.
Note: THIS PAGE REPLACES THE EXISTING PAGE 1 OF THE ST. PAUL
PROPERTY POLICY
3. Revised Page 6 of the St. Paul Property Policy
This revision reflects a name change to AON Insurance Management Services,
Inc as the claims administrator.
Note: THIS PAGE REPLACES THE EXISTING PAGE 6 OF THE ST. PAUL
PROPERTY POLICY
4. Revised Page 7 of the St. Paul Property Policy
This revision reflects a name change to AON Insurance Management Services,
Inc as the claims administrator.
Note: THIS PAGE REPLACES THE EXISTING PAGE 7 OF THE ST. PAUL
PROPERTY POLICY
129
1177 Grant Street, Suite 200 • Denver, Colorado 80203 • (303) 861-0507 • Fax (303) 861-2832
Memo to Designated Correspondents
RE: CAPP 93/94 Policy Revisions
March 7, 1994
5. Revised Page 6 of the National Union Excess Liability Policy
This revision reflects a name change to AON Insurance Management Services,
Inc as the claims administrator.
Note: THIS PAGE REPLACES THE EXISTING PAGE 12 OF THE NATIONAL
UNION EXCESS LIABILITY POLICY
4. Revised Page 12 of the National Union Excess Liability Policy
This revision reflects a name change to AON Insurance Management Services,
Inc as the claims administrator.
Note: THIS PAGE REPLACES THE EXISTING PAGE 12 OF THE NATIONAL
UNION EXCESS LIABILITY POLICY
Please add or replace these pages in your policy. Do not hesitate to contact me if
you have any questions regarding this matter.
/lc
REVISED PROPERTY EXCLUSION ENDORSEMENT
It is agreed that Section I, Property Insurance page 4,
Property Excluded from Coverage Hereunder: is amended as follows:
Animals, Aircraft, Standing Timber, Growing Grops, Currency,
Money, Notes, Securities, Bridges, Culverts, Roadways, Streets,
Walks or Other Paved Surfaces, Dams, Docks, Piers and Wharves.
All Other Tems And Conditions Remain Unchanged.
Subject Otherwise To All Terms, Clauses And Conditions As Heretofore.
ENDORSEMENT attaching to and forming part of Policy Number GF03400003 in the name
of Colorado Counties, Casualty and Property Pool.
Effective date of this endorsement is July 1 , 1993
St.Paul Fire & Marine Insurance Company
CC (7-93) Endorsement Number 6
I. 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, organization, 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 Aon Insurance Management Services, Inc. This Service
shall perform the following duties:
A. Discharge the Insured's obligation 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 (7-93) 1
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 canceled 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 Aon Insurance Management Services, Inc.
CC (7-93) 6
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.
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 Aon Insurance Management
Services, Inc. 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 payment 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 Aon
Insurance Management Services, Inc. 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.
CC (7-93) 7
(REVISED)
(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 property 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,
adjust dent 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 AON Insurance Management Services, Inc. are
specifically excluded and are to be paid by the NAMED INSURED in addition to its SELF-
INSURED RETENTION.
EXCLUSIONS
THIS POLICY DOES NOT APPLY:
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.
-6-
(REVISED)
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 provision, 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 service of AON
Insurance Management Services, Inc. This service organization shall perform the following
duties.
(a) administer claims in accordance with accepted industry standards once notice of a
loss has been made to AON Insurance Management Services, Inc., and perform the
notice and reporting requirements to the COMPANY under the terms of this POLICY.
(b) maintain accurate records of all reported claims and details incident to loss and
expense payments.
(c) furnish 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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