The URL can be used to link to this page

Browse Search

Home My WebLink About000130.tiff � o County Technical Services, Inc. December 6, 1993 TO: Designated Correspondents FROM: Louella Casias, Technical Assistant RE: 1993/94 Policies • Enclosed you will find the following 1993/94 CAPP Policies: 1. EXCESS LIABILITY National Union Fire Insurance Company Policy #426 61 25 2. EXCESS PROPERTY St. Paul Policy #GF03400003 3. BOILER AND MACHINERY Policy #M5J-660-920J5922-TIL-93 These policies replace the 1992/93 policies in your CAPP Insuring Agreements binder. Please contact me if you have any questions regarding this matter. /lc 130 1177 Grant Street, Suite 200 • Denver, Colorado 80203 • (303) 861-0507 • Fax (303) 861-2832 POLICY NUMBER: 426 61 25 Renewal of: 426 51 93 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA 70 PINE STREET, NEW YORK, NEW YORK 10270 EXCESS LIABILITY POLICY DECLARATIONS Rem 1. NAMED INSURED AND MAILING ADDRESS: COLORADO COUNTIES CASUALTY AND PROPERTY POOL 1177 GRANT STREET DENVER, CO 80203 Item 2. POLICY PERIOD: July 1, 1993 To July 1, 1994 Item 3. PREMIUM: $479,000 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 Countersigned by: n (� . urn uthorized Representative - 1 - CHC30051 INSURED'S COPY POLICY NUMBER: 426 61 25 NATIONAL UNION FIRE INSURANCE 'Company) OF PITTSBURGH, PA t 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 COUNTY, in l respect of anyer contract or aCLAIM made during the POLICY reement to a I PARTICIPATING MEMBER PERIOD for: 1. PERSONAL INJURY, including death at any time resulting therefrom; or 2. PROPERTY I in the DECLA resulting from an RATIONS. ACCIDENT on or after the RETROACTIVE DATE 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. - 2 - CHC30051 mica iacnc rnav • 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, e 9ryrardless shall be treated as resultingr suffered ting from one ACCIDENTb more than one ividual person or individual 2. NAMED INSURED aor a PARTICIPATING MEMBER for monetary COUNT relief "CLAIM" - means orrcircumstances 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. or or 3. "CONTAunhealthful I condit on arising outATION" - means ofclean or the presence of POLLUTANTS injurious 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 owned, controlled,developed or occupied by a PARTICIPATING MEMBER CO but not limited to UNTY.of e above, -3 - CHC30051 Iola iocrve rnov 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 the COMPANY coverage and specifically additional y na counties ties must be requested in writing to (b) its elected and appointed officials, trustees, directors, officers, district attorneys and their assistants, employees; agents and volunteers, but only to the tent such individuals are acting within the with a PARTICIPATING MEMBER COUNTY; and, scope of their official duties (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 lCOUNTY with respect to the use of PARTICIPATING MEMBER COUNTY.non-owned automobiles in the business of 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; 4 6 - 4 - CHC30051 with ct to to the or lessee 3. other than a PARTICIPATING MEMBER COUNTY, nor a o 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 rights,ght or of assault and battery,erroneous disparagement of procivil perty; or violation of civil (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 PARTICIPATIemployment)N by any G MEMBER Cqualified OUNTY nand dlicen during the se emergency medical technicians, paramedics, nurses, and medical doctors (but with respect to medical actn g doctors limited to their duties as a behalf of a PARTICIPATING MEMBER COUNTY. by or but only while employed 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 insurance is PARTICIPATING available to M the NAMED O INSURED or UNTY but only to the 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: - 5 - CHC30051 (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 ED ooroa PARTICIPATING MEMBER COUNTY becomes obligated to pay by f 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 of COLORADO, INC. are specifically excluded and are to be paid by the NAMED INSURED in addition to its SELF-INSURED RETENTION. EXCLUSIONS THIS POLICY DOES NOT APPLY: 1. to any CLAIM or potential CLAIM or ACCIDENT or circumstances for which the NAMED INSURED or a PARTICIPATING MEMBER COUNTY has provided notice to any other insurance company before the POLICY PERIOD in the DECLARATIONS. 2. to any CLAIM resulting ACCIDENT Twhich 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 or purpose of preventing injury to persons or damage to property (ii) arising g out of corporal punishment. -6 - CHC30051 4. except with respect to operations performed by independent contractors, to liability o arising out of the over 25 feet in length. ownership, ii ac or use, including loading or unloading, of aircraft 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, by n r the o nationalization order any government ti a ior requisition or destruction of or damage to property or authority or public or local is at the time of and for the purpose of preventing spread offirerucon rder of civil authority 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 NAMED INSURED rorlla PARTICIPATINGcontact MEMBER Can OUNTY agent or official of the 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 COUNTYMEMBERIliability obigation or or an ooftheir insurers may r which the Ebe held liable under any D INSURED or a PARTICIPATING 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; - 7 - CHC30051 (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 ny or damage or 2) payment of any cost, fine or penalty or 3) payment 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) n payment a or related to of any the cost, fine non or defense of or penalty or ) payment of injury or damage or 2) payment Y 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. -8 - CHC30051 N MRS 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 TY in cover the NAMED INSURED and each been PARTICIPATING MEMBER each UN Y inWG same MEMBER the manner COUNTYS�Nothingaratel c contained herein shall operate to increase the COMPANYS LIMIT OF LIABILITY shall stated n o event excee d this amounn in respect of TIONS and the COMPANYS ACCIDENT. 2. NOTICE OF CLAIM: Notice must be given to the COMPANY c/o AON Insurance soon as practicablenwhenever the NAMED INSURED or e a PARTIICI CO BP0ATING as MEMBER practicable has reason to believe that a CLAIM will be forthcoming. s, Inc. 3. rNTICE OF PL eceives notificationJduring the POLICY PERIOD in the DECLARATIONS MS: If AON Insurance Management yore within 60 ((sixty) days thereafter, of an ACCIDENT which occurs or commences during the POLICY PERIOD in the DECLARATIONS, the COMPANY will treat any CLAIMs made against the NAMED INSURED or a PARTICIPATING MEMBERCOMPANY as made on the date on which the notification was received by theAON he a earlier. Insurance Mangemnt Services, Inc. or the expiration date of the POLICY PERIOD, authorized 4. INSPECTIONS AND AUDIT: The ateallC easonableMPANY otimes their durngrthesPOes uCYY PERIOD representatives shall inthirty-six b p months thereafter, to inspect the p ed by the NAMED d DINS INSURED Do ( ) o examine h their or records Dso far asR they lrelate to MEMBER coverage afforded by this e OLICY and any CLAIMS made hereunder. date by 5. CANCELLATION: This POLICY may be cancelled as of any anniversary rovided said notice is issued at least ninety (90) days prior to the sad either the COMPANY or the NAMED INSURED upon written notice to the other party, p anniversary.Notwithstanding the aforementioned to the contrary, in the event of non-payment of premium by the NAMED INSURED, the COMPANY may give ten (10)days notice of cancellation ci after mailing writinga o the suchnotice.e EDSURED and all coverage will terminate ten ) days (10) i 2 - 9 - CHC30051 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 cancellatio aby thef an COMPANY under CONDITION 5., the NAMED INSURED, upon payment L 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 in the DECLARATIONS and afterrthe r iod commenced, during the POLICY PERIOD 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 COMPANY shall cooperate to the fullest extent ED or IPATING MEMBER COUNTY and the possible. 9. LOSS PAYMENTS: When it has been determined that the COMPANY is liable under this POLICY, the COMPANY shall thereafter promptly reimburse the NAMED INSURED for its payments made in excess of the SELF-INSURED RETENTION in the DECLARATIONS. i - 10 - CHC30051 10. APPEAL: In the event the NAMED INSURED and the COredMPANY ANr this POable to o agree to the advisability of appealing any judgment disinterested and mutually agreed upon attorney shall be retained and directed to render a written recommendation concerning such apps COMPANY.ache fees l. uch written land a pe nses of this attorney shall INSURED be borne equally by both parties. ated 11. SUBROATIN: The the NAMEDG NSURED and/or a P PARTICIPATING bME to rights which MEMBER COUNTY may have against any person or other entity in respect to any claim or payment made under this POLICY, SURED COUNTY shall aexecute all papers lrand/or required by the COMPANY and shall cooperate to secure the tained or recovery by the ONAMED INSURED e and/or a PARTICIPATING reimbursement MEMBER bCOUNTY 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:IT OF LIABILITY(a) ramount of eimbursed to v here NAMED INSURED and/or aloss which exceeds the M shall PARTICIPATING MEMBER COUNTY. (b) to reduce the COMPANY'S O P s A SlossPOLICY until the COMPANY is fully reimbursed for any pa y th (c) to reduce the NAMED INSURED'S and/or PARTICIPATING MEMBER COUNTY'S loss within the SELF-INSURED RETENTION. ree allocation aof expenses in the cconnect on the parties h seeking rreimbursement or t recovery different and the distribution of any reimbursement or recovery, such agreement to be in writing. 12. WAIVER OF SUBROGATION: This POLICY shall not be invattented d if f the he agreement has D INSURED or a PARTICIPATING MEMBER COUNTY by wri a for to sgs or enmhas waived or shall waive its right of recovery from any party covered hereunder; provided;that any such waiver is made prior to the occurrence of said loss or damage. 13. CONFLICTING STATUTES: In the event that any provision of this POLICY is unenforceable under POLICY shall be the laws or statutes to comply withfanyy such laws or statute state of competent surisdiction, this - 11 - i CHC30051 - - 14. ASSIGNMENT: Assignment of interest under this POUCY 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 TECHNICAL SERVICES. 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. - 12 - CHC30051 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. c_3(ffeazari___ Secretary cyJ President National Union Fire Insuranceel National Union Fire Insurance Company of Pittsburgh, PA. Company of Pittsburgh, PA. - 13 - - CHC30051 NOV 01 'Sy.3 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 61 25 in the name of COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement nt is July 1, 1993. 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 CONEJOS LAKE ROUTT COSTILLA LA PLATA SAGUACHE CROWLEY LAS ANIMAS SAN JUAN DELTA LINCOLN SEDGWICK DOLORES LOGAN SUMMIT DOUGLAS MINERAL TELLER EAGLE MONTROSE WASHINGTON ELBERT MORGAN WELD FREMONT OTERO YUMA GARFIELD OURAY GILPIN All other terms and conditions remain unchanged. DATED: 4.o.....L ;ci i Ic19 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBU G , PA. By: \o(byA-La Its. Broker DATED: o a 2 M. COLORA COUNTIES CASUALTY AND P PER i Its: ' od/ '` /v 14 - 1 CHC30051 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 No.COUNTIES CASUALTY AND PROPERTY POOL.. The effective date of this61 25 in the name COLORADO endorsement is July 1, 1993. 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 POUCY 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. - 15 - CHC30051 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 33, t5i3 NATIONAL UNION FIRE INSURANCE CO ANY OF PI SB R H, PA. By: Its: Broker DATED: ©ci —29, /9995 COLO DO COUNTIES CASUALTY AND PR RTY PO By: Its: /w-s rc__ - 16 - CHC30051 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 61 25 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL The effective date of this endorsement is July 1, 1993. 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 perpon 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 of performance of contract by any insurer or plan administrator, including but not limited to the failure or insolvency of any EMPLOYEE BENEFIT PROGRAM; (d) to any claim based upon the failure to comply with any law concerning workers' compensation, unemployment insurance, social security or disability benefits; (e) to any claim based upon: (1) the failure of stock of 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; - 17 - CHC30051 (3) the investment or non-investment of funds; or (4) to claims based upon the Employee Retirement Income Security Act of 1974, Public Law 93-406 commonly referred to as the Pension Reform Act of 1974 and amendments thereto, or similar provisions of any federal, state or local statutory law or common law. DEFINITIONS: As used in this endorsement: (a) "EMPLOYEE BENEFIT PROGRAM" - means group life insurance, group health insurance, profit sharing plans, pension plans, employee stock subscription plans, workers' compensation, unemployment insurance, social security, disability benefits insurance and travel, savings or vacation plans. (b) "ADMINISTRATION" - means: (1) giving counsel to employees with respect to an EMPLOYEE BENEFIT PROGRAM; (2) interpreting an EMPLOYEE BENEFIT PROGRAM; (3) handling of records in connection with AN EMPLOYEE BENEFIT PROGRAM; (4) effecting enrollment, termination or cancellation f employees ts e authorized nder an EMPLOYEE BENEFIT PROGRAM; provided by the NAMED INSURED or a PARTICIPATING MEMBER COUNTY. All other terms and conditions remain unchanged. DATED: C Qr t n53 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG , P . B . It : Broker DATED: 479 1 9 9C COLORAD COUNTIES CASUALTY AND P RTY By. Pool Admi ' tor Its: a - 18 - CHC30051 NON-OWNED AIRCRAFT ENDORSEMENT (Endorsement 4.) In that this endorsement attaacchesto and forms of Policy No. 426 pls d6125in the erstood and gdname of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1993. It is understood and agreed that this POLICY applies to Aircraft used by and solelyon behalf NAMED on fI the NAMED INSURED or a PARTICIPATING NSURED or PARTICIPATING MEMBER COUNTY:MEMBER COUNTY, provided (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 the artcinftthe appointment or provision of personnel for the operation This Endorsement 4. does not apply: (a) to liability arising onISmanufactured, (PARTICIPATING handled MEMBER distributed by COUNTY. (b) to numberaladvised vt having the eCOMPANYcipriorcto coverage being excess 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 orreward.MED INSURED or a PARTICIPATING MEMBER COUNTY for All other terms and conditions remain unchanged. DATED: 30 (S.4-2, NATIONAL UNION COMPANY OF PITTSBU GH,pACE By Its: Broker DATED: S V07. /993 CO PPR ADO OUNTIES CASUALTY TY By: Its: Pool Administrator - 19 - CHC30051 WATERCRAFT LIABIUTY 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 61 25 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1993. 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 4 t 2) /923 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. By: Cyl.. . a_ _ 1-1u- 2e, Its:t Broker DATED: /1/O1i/c2c7 /991 COLORA COUNTIES CASUALTY AND PR TY POOL tts: Pool Adminis - 20 - CHC30051 REVISED NON-WAIVER OF IMMUNITY OR MAXIMUM AMOUNT RECOVERABLE UNDER THE COLORADO GOVERNMENTAL IMMUNITY ACT OR OTHER LAW (Endorsement 6.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of policy No. 426-61-25 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1993. It is hereby understood and agreed that nothing in this policy nor in any Participating Member County's coverage under this policy waives or is intended to waive pursuant to C.R.S. Section 24-10-114 any immunity granted to any Participating Member County in the Colorado Governmental Immunity Act, as amended from time to time, or granted in any other law, and nothing in this policy nor any Participating Member County's coverage under this policy increases or is intended to increase pursuant to C.R.S. Section 24-10-114 the maximum amount that may be recovered under the Colorado Governmental Immunity Act, as amended from time to time, or under any other law. Any Participating Member County's waiver of immunity or increase in the maximum amount that may be recovered must be approved in writing by the COMPANY and by the NAMED INSURED for coverage to attach to such waiver or increase under this policy. All other terms and conditions of this policy remain unchanged. 1 DATED: cfrp 1 15 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. BY Ci . 7SUa Broker DATED: l V/ v o2 9 /C"13 COLO COUNTIES CASUALTY AND PRO RTY POOL BY:L ITS: Pool Adminis rator -21- Ii C'I nrn+c nnnv 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 61 25 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1993. 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: S aJXu.t. -O r`t5;i NATIONAL UNION FIRE INSURANCE i CO ANY OF PITTSBUR H, PA. By: Its: Broker DATED: /4"Vc:q9 799 3 COL AD COUNTIES CASUALTY AND PR RTY P By: Its: Pool Adminis rator 22 - CHC30051 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 61 25 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL The effective date of this endorsement is July 1, 1993. 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:4,4w.,4w. t ( 99 CO NATIONAL UNION OF I PITTSRERG 1 PACE �� By: 6- �C Its Broker DATED: '►''✓a9 /99, COLO O COUNTIES CASUALTY AND PR RTY PO By: Its: Pool Adm rator - 23- CHC30051 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 61 25 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1993. It is hereby agreed that the COMPANY, upon the request of the NAMED INSURED and within thirty (30) days thereafter, shall supply sufficient information to the NAMED INSURED about closed or paid claims, claims for which the COMPANY has established reserves and claims for which the COMPANY has received notices of incidents which could give rise to claims. All other terms and conditions remain unchanged. DATED: >4-'nvn.Qrtn -;o, (dfi4 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. I s: Broker DATED: Al v-2? i0- COLORADO COUNTIES CASUALTY AND PROPE TY POOL By: CaticF �/. Its: Poo1 Administrator - 24 - CHC30051 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 61 25 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1993. 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. - 25 - CHC30051 wci URFn'R CnPV All other terms and conditions remain unchanged. DATED: So wvar k 3o ,ev°t3 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. By: Its: ,/ Broker DATED: /f() ;/, ,7, FY 13 COLORADO COUNTIES CASUALTY AND PR RTY P By: 111F Its: Pool Administrator - 26 - CHC30051 INSURED'S COPY HOST LIOUOR/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 61 25 in the name of COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement nt is July 1, 1993. 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 MEMBER omm law or statutory IES a/e the COMPANY. to the NAMED INSURED, PARTICIPATING All other terms and conditions remain unchanged. DATED:�I4 nnia-NADI NATIONAL UNION COMPANY OF PITTSBURGH,PA CE By: C-NaP—er", a . Its: Broker DATED: IL 24 ,q03 COLO AD COUNTIES CASUALTY AND P P RTY P By:, at Its: Pool Administrator - 27 - CHC30051 INCI IRFf'c rnPv 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 61 25 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL The effective date of this endorsement is July 1, 1993. 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: `-3e41_ o I �4`t NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. By: ( Broker Its: DATED: I(U✓cQ 9 /Q') 3 COLD COUNTIES CASUALTY AN 1:1-ear---9*--n--- Its: RTY POLL By: Pool Administrator - 28 - CHC30051 iticiiarntc rnov 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 - 29 - CHC30051 (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. -30 - CHC30051 (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. -31 - CHC30051 URIC'MCI^Or nlinv COLORADO COUNTIES AMENDATORY ENDORSEMENT DISCLOSURE FORM CLAIMS-MADE POLICY IMPORTANT NOTICE TO POLICYHOLDER (CLAIMS- MADE BODILY INJURY AND PROPERTY DAMAGE COVERAGE) THIS DISCLOSURE POLICY. 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 E PROVISIONS VIO OF YOUR POLICY DETERMINE THE SCOPE OF YOUR 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 ICY be RIOD on termination of this POLICY, an EXTENDED REPORTING PERIOD 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. , coverage is provided for liability because of PERSONAL INJURY andrence PROPERTYyDAMAGE 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 AON Insurance Management Services, Inc. Under most circumstances, a CLAIM is considered made when it is received and recorded by ROLLINS HUDIG HALL, 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. - 32 - CHC30051 wenRvn c rnov PRINCIPLE BENEFITS The Please readit e carefully enefits and consulnd tes yourre agenl about anyned in etail in questions youour im might claims-made 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 outline and Please dread them carefullllyNand conssult yyou in the DEFINITIS, CONDIONS agentbout any O NS sections of this POLICY. questions you mightha 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 NS, THERE IS NO you PERSONAL I INJUVE RY ORTE eP PROPERTY DAMAGEred in the 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. - 33 - CHC30051 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 POUCY 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 ,41.— 3111kiS3 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBUUR H, PA. By: an. Q . Its: RrokPr DATED: November 29, 1993 COLO AD COUNTIES CASUALTY AND, P P RTY By: Its: Pool istrator - 34 - CHC30051 TT/rm 06-29-93 COLORADO COUNTIES CASUALTY AND PROPERTY POOL (Endorsement 14.) (HEREIN REFERRED TO AS THE COMPANY) CRIME COVERAGE AGREEMENT 1. Participating County: See Endorsement#1 2. Policy Period: July 1, 1993 to July 1, 1994 3. Coverage, Limits of Insurance and Deductible: Coverage Forms Forming Limit of Deductible Part of this Policy Insurance Amount Coverage Form A $150,000 $500 Coverage Form B $150,000 $500 Coverage Form C $150,000 $500 Coverage Form D $150,000 $500 4. Forms and Endorsement Applicable to this Coverage Part: Coverage Form A Employee Dishonesty - Blanket Coverage Form B Forgery or Alteration Coverage Form C Theft, Disappearance & Destruction Coverage Form D Robbery and Safe Burglary -35- INCI IRFI�'C PnOv COMMERCIAL CRIME CRIME GENERAL PROVISIONS Various provisions in this policy restrict coverage.Read the entire policy carefully to determine rights,duties and what is or is not covered. Throughout this policy the words "you" and "your" tion, nuclear radiation or radioactive contami- refer to the Named Insured shown in the DECLARA- nation, or any related act or incident. TIONS. The words "we, "'s" and "our" refer to the 6. War and Similar Actions: Loss resulting from war, whether or not declared, warlike Company providing this insurance. a Words and phrases in quotation marks are defined in any related act c or incident. rebellion or revolution, or the policy. g B. GENERAL CONDITIONS Unless stated otherwise in any Crime Coverage 1. Consolidation—Merger: If through consol- Form, DECLARATIONS or endorsement, the follow- ing General Exclusions,General Conditions and Gen- of, on or merger with, or purchase of assets of, some other entity: eral Definitions apply to all Crime Coverage Forms a. Any additional persons become "employ- forming part of this policy. "employ- ees"; or bYou A. GENERAL EXCLUSIONS: We will not pay additional acquire and control of any "premises";for loss as specified below: 1. Acts commany insurance afforded for "employees" or Loss resulting committed by ny dishon or uroParcriminal Partners: "premises" also applies to those additional act committed by "employees"and "premises", but only if you: whether acting alne or in collusionuwr th other a.artners after;Give us andritten notice within 30 days there persons. b. Pay us an 2. Governmental Action: Loss resulting from 2. Co erage Extensions: 1 Unless stated other- seizure or destruction of property by order of wise in the Coverage Form, our liability under governmental authority. 3. Indirect Loss: Loss that is an indirect result any Coverage Extension is part of, not in of any act or "occurrence" addition to, the Limit of Insurance applying to covered by this the Coverage or Coverage Section. insurance including, but not limited to, loss 3. Discovery Perd for Loss: We will pay only resulting from: for a. Your inability to realize income that you year from he end loss discovered the policy later than one would have realized had there been no 4. Duties in the Event of Lou: y period. rryyou dis- loss of, or loss from damage to, Covered cover a loss or a situation that may result in Property. loss of, or loss from damage to, Covered b. Payment of damages of any type for which Property you must compensato you are legally liable. But, we will pay a. Notify us as soon as possible. f om a loss cryyvered unddamageser arising suireclye. b. Submit to examination under oath at our c. Payment of costs, fees or other expenses youreanswers you give us a signed statement of enceinor the amount cur In establishing to lossr under this the exist- c. Give us a detailed, sworn proof of loss insurance. within 120 days. 4. Legal Expanses Expenses d. Cooperate with us in the investigation and legal action. related to any settlement of any claim. 5. Joint Insured 5. Nuclear. Loss resulting from nuclear reac- a. If more than one Insured is named in the Form CR 10 00 07 88 Printed in U.S.A. Page 1 of 4 Copyright,Insurance Services Office. 1984. 1987 IMICI IOCn'C ninnw CRIME GENERAL PROVISIONS COMMERCIAL CRIME DECLARATIONS, the first named Insured will act for itself and for every other In- when the comcm mitted or or events causing th loss were c sured for all purposes of this insurance. If occurred. b. The insurance under this Cond the first named Insured ceases to be cov- ition is part ered, then the next named Insured will of, not in addition to, the Limits of Insur- ance applying to this insurance and is become the first named Insured. b. If any Insured or partner or officer of that limits to the lesser of the amount recov- Insured has knowledge of any information arable under: (1) This insurance as of its effective date; relevant to this insurance, that knowledge is considered knowledge of every Insured, or c. An "employee" of any Insured Is consid- (2) The prior insurance had it remained in ered to be an "employee" of every In- effect. sured. 9.Loss Covered Under This Insurance and d. If this insurance or any of its coverages is Prior insurance issued by Us or Any Affiliate cancelled or terminated as to any Insured, If any loss is covered: loss sustained by that Insured is covered a. Partly by this insurance; and only if discovered no later than one year b. Partly by from the date of that cancellation or termi- any prior canany affiliate or terminated nation. insurance that we or any had is- e• We will not pay more for loss sustained by sued to you or any predecessor in interest; more than one Insured than the amoun the most we rab pay is the larger insu of the we would pay if all the loss had been amount recoverable under this insurance or sustained by one Insured, the prior inherence. 6. Legal Action Against Us: You may not bring 10.Non-Cumulation of Limit of Insurance: Re- any legal action against us involving loss: ggardl erm ss of the number of years this insurance a. Unless you have complied with all the remains in force or the number of premiums paid, no Limit of Insurance cumulates from terms of this insurance; and b. Until 90 days after you have filedproof of Otheryear I year or periodThis period. loss with us; anda 11. Other Insurance: insurance does not c. Unless brought within 2 years from the other insu to rance orss vndemniity or r�wever under he date you discover the loss. limit of the other insurance or indemnity Is 7. Loss Covered Under More Than One Cover- insufficient to cover the entire amount of the age of This Insurance: If two or more cover- loss, this insurance will apply to that part of ages of this insurance apply to the same loss, we will pay the lesser of: the loss, other than that falling within any deductible amount, not recoverable or recov- a. The actual amount of loss; or ered under the other insurance or Indemnity, b. The sum of the limits of insurance applies- but not for more than the Limit of Insurance. ble to those coverages. 12.Ownership of Property; Interests Covered: 8. Loss Sustained During Prior Insurance The property covered under this insurance is a. If you,or any predecessor in interest, sus- limited to property: tamed loss during the period of any prior a. That you own or hold; or insurance that you or the predecessor in b. For which you are legally liable. interest could have recovered under that However, this insurance is for your benefit Insurance except that the time within only. It provides no rights or benefits to any which to discover loss had expired,we will other person or organization. pay for it under this Insurance, provided: 13.Policy Period (1) This Insurance became effective at the a. The Policy Period is shown in the DECLA- time of cancellation or termination of the prior Insurance; and RATIONS. (2) The loss would have been covered b b. Subject to the Loss Sustained During Prior Insurance condition, we will pay only for this Insurance had it been in effect loss that you sustain through acts commit- Page 2 of 4 Fonn CR 10 00 07 88 Printed In U.S.A. Copyright, Insurance Services Office, 1984, 1987 MCI IOCf'c nnn„ CRIME GENERAL PROVISIONS COMMERCIAL CRIME ted or events occurring during the Policy olicy rate of exchange on the day the 14.Records: You must keep records of all Coy- loss was discovered. ered Property so we can verify the amountof (2) Loss nf"securities" but o and including their value at thhe e close of 15.Recoveries business on the day the loss was dis- covered. We may, at our option: a. Any recoveries, less the cost of obtaining (a) Pay the value of such securities" them, made after settlement of loss cov- or replace them in kind, in which as follows: event you must assign to us all your ered by this insurance will be distributed rights, title and interest in and to (1) To you, until you are reimbursed for those "securities"; any loss that you sustain that exceeds (b) Pay the cost of any Lost Securities the Limit of Insurance and the Deduct- Bond required in connection with ible Amount, if any; issuing duplicates of the "secu- (2) Then to us, until we are reimbursed for rites". However, we will be liable the settlement made; only for the payment of so much of (3) Then to you, until you are reimbursed the cost of the bond as would be for that part of the loss equal to the charged for a bond having epee: ally not exceeding the lesser of the: Deductible Amount, if any. b. Recoveries do not include any recovery: I. Value of the "securities" at the close of business r (1) From insurance, suretyship, reinsur- loss was d sred;toedaythe ance, security or indemnity taken for ii. Limit of Insurance, our benefit; or (2) Of original"securities"after du licates (3) pro of, or loss from damage to, of them have been issued. P party other than money and secu- rities" or loss from damage to the 16.Territory: This insurance covers only acts "premises" for not more than the: committed or events occurring within the (a) Actual cash value of the property United States of America, U. S. Virgin Islands, on the day the loss was discovered; Puerto Rico, Canal Zone, or Canada. 17.Transfer of Your Rights of Recovery Against (b) Cost of repairing the property or "premises"; or Others to Us: You must transfer to us all (c) Cost of replacing the property with your rights of recovery against any person or property of like kind and quality. organization for any loss you sustained and We may, at our option, pay the actual for which we have paid or settled. You must cash value of the property or repair or also do everything necessary to secure those replace it. rights and do nothing after loss to impair If we cannot agree with you upon the them. actual cash value or the cost of repair a. Subject to the applicable Limit of Insur- be or replacement, the value or cost will 18.Valuation — Settlement determined by arbitration. b. We may, at our option, pay for loss of, or ance provision we will pay for: (1) Loss of "money" but only up to and loso from damage to, property other than "m o including its face value.We may,at our ney": option, pay for loss of"money"issued (1) In the "money" of the country in by any country other than the United which the loss occurred; or States of America: (2) In the United States of America (a) At face value in the "money" is- dollar equivalent of the "money"of sued by that country; or the country in which the loss oc- (b) In the United States of America curred determined by the rate of dollar equivalent determined by the exchange on the day the loss was discovered. Form CR 10 00 07 88 Printed in U.S.A. Page 3 of 4 Copyright, Insurance Services Office, 1984. 1987 !MCP IDcll'[` n CRIME GENERAL PROVISIONS COMMERCIAL CRIME c. Any property that we pay for or replace ing acts coming within the scope of the becomes our property, usual duties of an employee. C. GENERAL DEFINITIONS 2. "Money" means: 1. "Employee" means: a. Currency, coins and bank notes In current a. Any natural person: use and having a face value; and (1) While in your service (and for 30 days b. Travelers checks, register checks and after termination of service); and money orders held for sale to the public. (2) Whom you compensate directly by sal- 3. "Property Other Than Money and Securl- ary, wages or commissions; and ties" means any tangible property other than "money" and "securities" that has intrinsic (3) Whom you have the right to direct and control while performing services for value but does not Include any property listed you; or in any Coverage Form as Property Not Cov- b. Any natural person employed by an em- ered. ployment contractor while that person is 4. "Securities" means negotiable and non- subject to your direction and control and negotiable instruments or contracts repro stinting either "money" or other property and performing services for you excluding, however, any such person while having includes: care and custody of property outside the a. Tokens,tickets,revenue and other stamps "premises". (whether represented by actual stamps or But "employee" does not mean any: unused value in a meter) in current use; (1) Agent, broker, factor, commission mer- and chant, consignee, independent contractor . b. Evidences of debt issued in connection or representative of the same general with credit or charge cards, which cards character; or are not issued by you; (2) Director or trustee except while perform- but does not include "money". )Page 4 of 4 Form CR 10 00 07 88 Printed In U.S.A. Copyright,Insurance Services Office, 1984, 1987 MCI IDCfYC nnnv COMMERCIAL CRIME COVERAGE FORM A - BLANKET EMPLOYEE DISHONESTY COVERAGE FORM A. COVERAGE InventoWe will pay for loss of, and loss from damage to, b. hat art o any loss, the proof of which as Shortages: loss, or tto its exist Covered Property resulting directly from the Cov- fence or amount is dependent u ered Cause of Loss. pon: 1. Covered Pro a (1)An inventory computation;or p rty:"Money", "securities",and (2)A profit and loss computation. "property other than money and securities". 2. Covered Cause of Loss: "Employee dishon- 2. Additional Condition esty". Cancellation As To Any Employee:This insur- 3. Coverage Extension: ance is cancelled as to any "employee": e Coverage a. Immediately upon discovery by: Employees Temporarily Outside (1)You: or We will pay for loss caused by any "employee" (2)Any of your partners, officers or direc- while temporarily outside the territory specified tors not in collusion with the "em- ployee": not more than 90 days. of any dishonest act committed by that"em- B. LIMIT OF INSURANCE emploployee"yed whether before or after The most we will pay for loss in any one "occur- employed by you• becoming to rence" is the applicable Limit of Insurance shown b• yoO the date date will lfied in a notice days after in the Declarations. you. That be at least 30 days after C. DEDUCTIBLE the date of mailing. The mailing of notice 1. We will not pay for loss in any one "occur- �i g addrest the last mail- s known to us wlto you l be sufficient rence" unless the amount of loss exceeds the same as mailing. Deductible Amount shown in the Declarations. proof of notice. Delivery of notice is the We will then pay the amount of loss in excess of 3. Additional Definitions the Deductible Amount,up to the Limit of lnsur- a. "Employee Dishonesty" . paragraph A.2. ance. m 2. You must: means only dishonest acts committed by an a. Give us notice as soon as possible of any act- ing alone or in collllusion withther fother persons, loss of the type insured under this Coverage except you or a partner, with the manifest Form even though it falls entirely within the intent to: Deductible Amount. also b. Upon our request give us a statement de- (2)Obtain financial nanc al benefit(other than sal- scribing the loss. aries,commissions, fees,bonuses,pro- D. ADDITIONAL EXCLUSIONS, CONDITION motions, awards, AND DEFINITIONS: In addition to the provi- profit sharing, lions in the Crime General Provisions Form this pensions or other employee benefits Coverage Form is subject to the following: earned in the normal course of employ- ment)for. 1. Additional Exclusions:We will not pay for loss (a) The "employee or as specified below: • (b)Any person or organization intended a. Employee Cancelled Under Prior Insur- ance: by the "employee" to receive that loss caused by any benefit. "employee" for whom b. "Occurrence"means all loss caused by,or similar prior insurance has been cancelled involving, one or more "employees", and not reinstated since the last such can- acts. r the result ofa single act or series of cellation. acts. Form CR 00 01 01 86 Printed in U.S.A. L LMCI IDDM1'O ^., COMMERCIAL CRIME COVERAGE FORM B FORGERY OR ALTERATION COVERAGE FORM A. COVERAGE D. ADDITIONAL EXCLUSION, CONDITIONS We will pay for loss involving Covered Instruments AND DEFINITION resulting directly from the Covered Causes of Loss. In addition to the provisions in the Crime General 1. Covered Instruments: Checks, drafts, promis- Provisions Form, this Coverage Form is also sub- sory notes, or similar written promises, orders ject to the following: or directions to pay a sum certain in "money" 1. Additional Exclusion that are: a. Made or drawn by or drawn u y Acts of Employees, Directors, or Trustees: upon you; We will not pay for loss resulting from any b. Made or drawn by one acting as your agent; dishonest or criminal act committed by any of or that are purported to have been so made or your "employees", directors, or trustees: drawn. a. Whether acting alone or in collusion with 2. Covered Causes Of Loss: Forgery or alter- other persons; ation of, on or in any Covered Instrument. or 3. Coverage Extension b. Whether while performing services for you Legal Expenses:If you are sued for refusing to or otherwise. pay any Covered Instrument on the basis that it Additional Conditions me- has been forged or altered, and you have our a. Facsimile Signatures:reproduced f We will treat res written consent to defend against the suit, we t hasi same facsimile signatures will pay for any reasonable legal expenses that the as handwritten signatures. we will pay unyou incur andder this that extensionse. The in additionto b GeneralCoverage Form,Amendment:the words Cove ed Pro's the Limit of Insurance applicable to this insur- ance. erty in the Crime General Provisions Form mean Covered Instruments. C. Proof of Loss: You must include with your B. LIMIT OF INSURANCE The most we will pay for loss in any one "occur- proof of loss any instrument involved in that rence"is the applicable Limit of Insurance shown in loss, g forth the amountand or, if that is not possible, cause of loss.Declarations. setting d. Territory: We will cover loss you sustain C. DEDUCTIBLE anywhere in the world. We will not pay for loss in any one "occurrence" The Territory General Condition does not unless the amount of loss exceeds the Deductible apply to this Coverage Form. Amount shown in the Declarations. We will then 3• Additional Definition pay the amount of loss in excess of the Deductible "Occurrence" means all loss caused by any Amount,up to the Limit of Insurance.This provision does not apply to legal expenses paid under the person or in which that one or is involved. Coverage Extension. whether the loss involves one or more instru- ments. • Form CR 00 03 01 86 Printed in U.S.A. 'MCI lorry( nnn,. 1 COMMERCIAL CRIME Coverage Form C THEFT, DISAPPEARANCE AND DESTRUCTION COVERAGE FORM A. COVERAGE -We will pay for loss of Covered c.Property resulting directly from the Covered Coverage Extension Causes of Loss. Conveyance of Property By 1• Section 1. —Inside The Premises ed Motor Vehicle Company: We will pay rmoforloss of Covered Property resulting directly y" and from the Covered Causes of Loss while out- a. Covered Property: "Mona "securities" inside the "premises" or a side the"premises"in the care and custody "banking premises". of an armored motor vehicle company. But, we will pay only for the amount of loss b. Covered Causes of Loss (1) "Theft" that you cannot recover: (2) Disappearance (1) Under your contract with the armored motor vehicle company; and (3) Destruction c. Coverage Extensions (2) From any insurance or indemnity carried by,or for the benefit of customers of,the (1) Containersof Covered Pro a armored motor vehicle company. will pay for loss of, and ossyfrom B. LIMIT OF INSURANCE damage to, a locked safe, vault, cash The most we will pay for loss in any one "oc- register, cash box or cash drawer lo- currence" is the applicable Limit of Insurance cated in the "premises" resulting di- shown in the DECLARATIONS. rectly from an actual or attempted: (a) "Theft" of; or C. DEDUCTIBLE (b) Unlawful entry into We will not pay for loss in any one "occurrence" unless the amount of loss exceeds the Deductible those containers. Amount shown in the DECLARATIONS. We will then pay the of loss in excess of the De- (2) Premises Damage: We will pay for loss ductible Amountuptthe the Limit of Insurance. from damage to the "premises" or its D. ADDITIONAL EXCLUSIONS, CONDI- exterior resulting directly from an actual or attempted "theft" of Covered Prop- TIONS AND DEFINITIONS: erty if you are the owner of the In addition to the provisions in the Crime General "premises"or are liable for damage to it. Provisions form this Coverage form is subject to 2. Section 2.—Outside the Premises the following: a. Covered Property: "Money" and 1. Additional Exclusions:We will not pay for loss "securities" outside the "premises" in the as specified below: care and custody of a "messenger". a. Accounting or Arithmetical Errors or Omis- b. Covered Causes of Loss sions: Loss resulting from accounting or (1) "Theft" arithmetical errors or omissions. (2) Disappearance b. Acts of Employees,Directors,Trustees or Representatives: Loss resulting from any (3) Destructiondishonest or criminal act committed by any of your"employees",directors,trustees or authorized representatives: Form CR 00 04 02 87 Printed In U.S.A. Page 1 of 2 Copyright, Insurance Services Office, 1984, 1987 'MCI IQrrvc rnov ` THEFT, DISAPPEARANCE AND DESTRUCTION COVERAGE FORM (1) Acting alone or in collusion with other 9• Vandalism: Loss from damage to the persons; or "premises" or its exterior or to containers (2) While performing services for you or of Covered Property by vandalism or mali- (2) cious mischief. otherwise. C. Exchanges or Purchases: Loss resulting h. Voluntary Parting of Title to or Possession from c the es or or surrendering in soproperty of Property: Loss resulting from your, or in any exchanger purchase. nderi g anyone acting on your express or implied d. Fire: Loss from damage to the "premises" authority, being induced by any dishonest act to voluntarily part with title to or posses- resulting from fire, however caused. sion of any property. e. Money Operated Devices:Loss of property 2. Additional Condition contained in any money operated device Duties in the Event of Loss:If you have reason unless the amount of"money"deposited in to believe that any loss of,or loss from damage it is recorded by a continuous recording in- to,Covered Pro strument in the device. Property involves a violation of law, f. Transfer or Surrender of Property you tiont notify the police. 3. Additional Definitions (1) Loss of property after it has been trans- a. "Banking Premises" means the interior of ferred or surrendered to a person or that place outside the "premises" or "bank- portion ito any building r similarsafe occupied o a - ing premises": banking institution or safe depos- itory. (a) On the basis of unauthorized instruc- b. "Messengee'means you,any of your part- tions;or ners or any "employee" while having care (b) As a result of a threat to do: and custody of the property outside the i. Bodily harm to any person; or "premises". ii. Damage to any property. c. "Occurrence" means an: (2) But,this exclusion does not apply under (1) Act or series of related acts involving COVERAGE, Section 2. to loss of Coy- one or more persons;or ered Property while outside the one or more persons;or "premises" or "banking premises" in (2) Actor event,or series of related acts or the care and custody of a "messenger" events not involving any person. if you: d. "Premises" means the interior of that por- (a) Had no knowledge of any threat at tion of any building you occupy in conduct- the time the conveyance began; or ing your business. (b) Had knowledge of a threat at the time e. "Theft" means any act of stealing. the conveyance began, but the loss was not related to the threat. Page 2 of 2 Form CR 00 04 02 87 Printed In U.S.A. Copyright, Insurance Services Office, 1984, 1987 INCI IQCn't rnn,. COMMERCIAL CRIME Coverage Form D ROBBERY AND SAFE BURGLARY COVERAGE FORM A. COVERAGE -We will pay for loss of,and loss money and securities" outside the from damage to, Covered Property resulting di- "premises" in the care and custody of a rectly from the Covered Causes of Loss. "messenger". 1. Section 1.—Inside The Premises b. Property Not Covered:Motor vehicles,trail- s. Robbery Of A Custodian ers or semi-trailers or equipment and ac- cessories attached to them. (1) Covered Property:"Property other than c. Covered Cause of Loss: Actual or at- money and securities" inside the "premises" in the care and custody of a tempted "robbery". "custodian". d. Coverage Extension (2) Property Not Covered: Motor vehicles, Conveyance Of Property By Armored trailers, or semi-trailers or equipment Motor Vehicle Company: We will pay for and accessories attached to them. loss of, and loss from damage to, Covered (3) Covered Cause of Loss: Actual or at- Property resulting directly from the Covered tempted "robbery". Cause of Loss while outside the"premises" in the care and custody of an armored motor (4) Coverage Extension vehicle company. Premises Damage:We will pay for loss But, we will pay only for the amount of loss from damage to the "premises" or its you cannot recover: exterior resulting directly from the Cov- ered Cause of Loss,if you are the owner (1) Under your contract with the armored of the "premises" or are liable for motor vehicle company; and damage to it. (2) From any insurance or indemnity carried b. Safe Burglary by,or for the benefit of customers of,the armored motor vehicle company. (1) Covered Property: "Property other than B. LIMIT OF INSURANCE money and securities" inside the "premises" in a safe or vault. The most we will pay for loss in any one "occ- (2) Covered Cause of Loss: Actual or at- urrence" is the applicable Limit of Insurance tempted "safe burglary". shown in the DECLARATIONS. (3) Coverage Extension C. DEDUCTIBLE We will not pay for loss in any one "occurrence" Premises,Safe and Vault Damage:We will pay for loss from damage to: unless the amount of loss exceeds the Deductible Amount shown in the DECLARATIONS. We will (a) The"premises" or its exterior;or then pay the amount of loss in excess of the De- (b) A locked safe or vault located inside ductible Amount up to the Limit of Insurance. the"premises"; D. ADDITIONAL EXCLUSIONS, CONDI- resulting directly from the Covered TIONS AND DEFINITIONS: Cause of Loss, if you are the owner of In addition to the provisions in the Crime General the property or liable for damage to it. Provisions form,this Coverage Form is subject to 2. Section 2.—Outside The Premises the following: a. Covered Property: "Property other than 1. Additional Exclusions:We will not pay for loss as specified below: Form CR 00 05 02 87 Printed in U.S.A. Pag e Copyright, Insurance Services Office, 1984, 1987 iocn'c n,...., ROBBERY AND SAFE BURGLARY COVERAGE FORM a. Acts of Employees, Directors,Trustees or or partially completed articles made of or Representatives: Loss resulting from any containing such materials that constitute dishonest or criminal act committed by any the principal value of such articles;or of your"employees",directors,trustees or (2) Manuscripts, drawings, or records of authorized representatives: any kind or the cost of reconstructing (1) Acting alone or in collusion with other them or reproducing any information persons;or contained in them. (2) While performing services for you or 3. Additional Definitions otherwise. a. "Custodian" means you, any of your b. Fire: Loss resulting from fire, however partners or any "employee" while hav- caused,except loss from damage to a safe ing care and custody of the property in- or vault. side the "premises", excluding any person while acting as a"watchperson" c. Transfer or Surrender of Property (1) Loss of, or loss from damage to, prop- or janitor. erty after it has been transferred or sur- b. "Messenger means you, any of your rendered to a person or place outside partners or any "employee" while hay- the "premises": ing care and custody of the property out- (a) On the basis of unauthorized instruc- side the "premises." lions;or c. "Occurrence" means an: (b) As a result of a threat to do: (1) Act or series of related acts involving i. Bodily harm to any person;or one or more persons;or ii. Damage to any property. (2) Act or event, or a series of related (2) But,this exclusion does not apply under acts or events not involving any per- son. COVERAGE, Section 2. to loss of Cov- ered Property while outside the d. "Premises" means the interior of that "premises" in the care and custody of a portion of any building you occupy in "messenger" if you: conducting your business. (a) Had no knowledge of a threat at the e. "Robbery"means the taking of property time the conveyance began;or from the care and custody of a person by (b) Had knowledge of a threat at the time one who has: the conveyance began, but the loss (1) Caused or threatened to cause that was not related to the threat. person bodily harm;or d. Vandalism:Loss from damage to any prop- (2) Committed an obviously unlawful act erty by vandalism or malicious mischief. witnessed by that person. 2. Additional Conditions f. "Safe Burglary" means the taking of: a. Duties in the Event of Loss: If you have (1) Property from within a locked safe or reason to believe that any loss of, or loss vault by a person unlawfully entering from damage to,Covered Property involves the safe or vault as evidenced by a violation of law,you must notify the police. marks of forcible entry upon its exte- b. Special Limit of Insurance for Specified rior, or Property (2) A safe or vault from inside the We will only pay up to $1,000 for any one "premises". "occurrence" of loss of, and loss from g. "Watchperson" means any person you damage to: retain specifically to have care and cus- (1) Precious metals, precious or semi-pre- tody of property Inside the "premises" cious stones, pearls,furs,or completed and who has no other duties. Page 2 of 2 Form CR 00 05 02 87 Printed in U.S.A. Copyright, Insurance Services Office, 1984, 1987 !MCI IRFn'c rnov COVERAGE C. PREMISES MEDICAL PAYMENTS (Endorsement 15.) In consideration of the premium paid, it is understood and agreed that this endorsement attaches to and forms part of Policy No. 416-61-25 in the name of COLORADO COUNTIES CASUALTY AND PROPERTY POOL. The effective date of this endorsement is July 1, 1993. 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident in the amount of$5,000 each person, $100,000 each loss: (1) on your premises; (2) on the ways immediately adjoining your premises; or (3) because of your operations; provided that: (1) the accident takes place in the coverage territory and during the policy period; (2) the expenses are incurred and reported to us within one year of the date of the accident; and (3) the injured person submits to examination, at our expense, by physicians of our choice as often as we reasonable require. b. We will make these payments regardless of fault. We will pay reasonable expenses for: (1) first aid at the time of the accident; (2) necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury: a. to any insured. c. to a b. to a person hired to do work for or on behalf of any insured or a tenant of any insured. d• to a person,rson whetheured ro not n that an mpart of loyeoure of anysnssuured, ie f person normally occupies.injury are payable or must be provided under workers' compensation, disability benefits la , r a similar law. e. to a person injured while taking part in, supervising, or instructing any physical sport including: (1) physical training or practicing; (2) athletic activities or contests; and (3) recreational activities; whether such activities are organized or not, formal or informal. -36- - - !NCI Ton-re nnov f. included within the products-completed operations hazard. g. due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. h. inmate medical payments: "it is hereby understood and agreed that coverage for other than Automobile Medical Payments under this policy exludes payments to or for any person who is sentenced and imprisoned in, committed to, confined in, or detained for safekeeping in any county jail or other detention facility.: All other terms and conditions of this policy remain unchanged. DATED: ,,irL-0ti,„ ;,mot IetS3 NATIONAL UNION FIRE INSURANCE CO PANY OF PITTSBURGH, PA. BY: ITS: Broker DATED: November 29, 1993 COLORADO ()UNTIES CASUALTY AND PROPERTY P OL BY: ITS: Pool Admi ' ator -37- INSI IRFn'3 CnEw AUTO MEDICAL PAYMENTS COVERAGE (Endorsement 16.) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. COVERAGE We will pay reasonable expenses incurred for necessary medical and funeral services to or for any "Insured" who sustains "bodily injury" caused by "Accident". We will pay only those expenses incurred, for services rendered within three years from the date of the "accident". B. WHO IS AN INSURED "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. C. EXCLUSIONS This insurance does not apply to any of the following: 1. "Bodily injury" sustained by an "Insured" while "occupying" a vehicle located for use as a premises. 2. "Bodily injury" sustained by you or any "family member" while "occupying" or struck by any vehicle (other than a covered "Auto") owned by you or furnished or available for your regular use. 3. "Bodily injury" sustained by any "family member" while "occupying" or struck by any vehicle (other than a covered "auto") owned by or furnished or available for the regular use of any "family member". 4. "Bodily injury" to your employee arising out of and in the course of employment by you. However, we will cover "bodily injury" to your domestic employes if not entitled to workers' compensation benefits. 5. "Bodily injury" to an "Insured" while working in a business of selling, servicing, repairing or parking "autos" unless that business is yours. 6. "Bodily injury" caused by declared or undeclared war or insurrection or any of their consequences. 7. "Bodily injury" to anyone using a vehicle without a reasonable belief that the person is entitled to do so. D. LIMIT OF INSURANCE Regardless of the number of covered "autos", "Insured", premiums paid, claims made or vehicles involved in the "accident" the most we will pay for "bodily injury" for each "Insured" injured in any one accident" is the LIMIT OF INSURANCE for AUTO MEDICAL PAYMENTS COVERAGE, $5,000 each person/$100,000 each loss. -38- INSURED S rnov E. CHANGES IN CONDITIONS The CONDITIONS are changed for AUTO MEDICAL PAYMENTS COVERAGE as follows 1. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition does not apply. 2. The reference in OTHER INSURANCE to "other collectible insurance" applies only to other collectible auto medical payments insurance. F. ADDITIONAL DEFINITIONS The following are added to DEFINITIONS Section: 1. "Family members" means a person related to you by blood, marriage or adoption who is a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. All other terms and conditions of this policy remain unchanged. DATEDr�-40S 3 D (c1-,.S3 NATIONAL UNION FIRE INSURANCE VVVV CO Y OF PITTSBU H, P BY: ITS Broker DATED: November 29, 1993 COLORADO COUNTIES CASUALTY AND PRO Y POOL BY: ITS: Pool Administra -39- INSURED S COPY ENDORSEMENT #17 This endorsement effective 12 : 01 A.M. July 1, 1993 forms a part of Policy No. 426 61 25 issued to Colorado Counties and Property Pool by National Union Fire Insurance Company of Pittsburgh, PA. It is hereby understood and agreed that Item 1 . on the Declarations Page Named Insured is amended to read: Colorado Counties Casualty and Property Pool and Participating Member Counties All other terms and conditions of this policy remain unchanged. / Au horized Representative INSURED'S COPY Hello