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Public Sector Services
COLORADO COUNT I E S
CASUALTY & PROPERTY
POOL
131
INTRODUCTION BMW
This policy protects against a variety of losses.
There are also some restrictions. We've
written the policy in plain, easy-to-understand Policy Number: GF03400003
English. We encourage you to read it carefully
to determine what is and is not covered, as well
as the rights and duties of those protected.
The words you, your and yours mean the one or more Coverage Summaries, and one or
insured named here: more Insuring Agreements explaining your
coverage. It may also include one or more
Colorado Counties casualty & Property Pool endorsements. Endorsements are documents
1177 Grant Street that change your policy. The agreements and
Denver, CO 80203 endorsements included when this policy begins
are listed below. One of our authorized
representatives must also countersign the
Which is a: Government Entity policy before it is valid.
o corporation O individual
partnership 0 joint venture This policy will begin on 7-1-93
O other ❑ condominium and continue until 7-1-94
Your former policy, number 107KA0661
We, us, our and ours mean the St. Paul Fire and is automatically cancelled on the date this
Marine Insurance Company. We're a capital stock policy begins.
company located in St. Paul, Minnesota.
In return for your premium, we'll provide the
Your policy is composed of General Rules, an protection stated in this policy.
explanation of What To Do If You Have A Loss, Your premium is $179,854.
y
Forms Included When This Policy Begins
Form number and edition date
Manuscript Form CC (7-93)
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Our authorized representative is: President Secretary
126059-3 Rollins Hudig Hall (Q ,
,a��,..._0` zz t /kv�j ii7
123 North Wacker Drive �"
Chicago, IL 60606 Authorized Representative Date
40700 Ed.5-84 Printed in U.S.A. Introduction
@St.Paul Fire and Marine Insurance Co.1984 Page 1 of 1
ENDORSEMENT 1 TO INTRODUCTION PAGE
It is hereby understood and agreed that the Named Insured is as follows:
NAMED INSURED:
Colorado Counties Casualty & Property Pool and each county member as endorsed herein as
their interest may appear:
County Membership
Member Counties Member Counties
Alamosa Las Animas
Archuleta Lincoln
Baca Logan
Bent Mineral
Chaffee Montrose
Cheyenne Morgan
Clear Creek Otero
Conejos Ouray
Costilla Park
Crowley Phillips
Delta Pitkin
Dolores Prowers
Douglas Pueblo
Eagle Rio Blanco
Elbert Rio Grande
Fremont Routt
Garfield Saguache
Gilpin San Juan
Grand Sedgwick
Gunnison Summit
Hinsdale Teller
Huerfano Washington
Jackson Weld
Kiowa Yuma
Kit Carson
La Plata
Lake
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
CC (7-93)
COVERAGE SUMMARY
Named Insured: Colorado Counties Casualty & Property Pool
1 . This policy covers Blanket Real, Personal Property, Contractors Equipment, Fine Arts,
Glass, Valuable Papers, Data Processing Equipment and Media, Extra Expense, Builders
Risks and Installations, Transit, and Vehicle Damage.
2. Limit of Liability
The insurer(s) shall not be liable hereunder in any one loss, casualty or disaster for more
than $50,000,000. per occurrence. For sublimits refer to page 1 of 8, paragraph III.
3. Each claim for loss or damage shall be adjusted separately and the Insurer's liability shall
be limited to that amount excess of $150,000.
Attached to and made part of policy number GF03400003 of the St.Paul Fire and Marine
"''Insurance Company.
DATE: 10 - 06 - 93
AGENT
CC (7-93)
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 Rollins Technical Services. This Service Organization
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 I - PROPERTY INSURANCE
SECTION I - INSURING AGREEMENTS
AGREEMENT A - BUILDING AND CONTENTS: Underwriters agree, subject to the limitations,
terms and conditions of this Insurance, to indemnify the Insured for risks of physical loss or
damage to All Real or Personal Property of every kind and description, wherever located,
occurring during the period of this Insurance.
AGREEMENT B - AUTOMOBILE: Underwriters agree, subject to the limitations, terms and
conditions of this Insurance, to indemnify the Insured for loss or damage to Automobiles
owned by the Insured or on which the Insured has an obligation to provide adequate
insurance, wherever located, against Risks of Direct Physical Loss, including Collision of the
Automobile with another object.
SECTION I - DEFINITIONS
1 . PROPERTY OF THE INSURED: The term "Insured's Property" shall mean All Real and
Personal Property, including leasehold improvements or betterments which the Insured
owns, property which the Insured holds on consignments or agrees to insure by any
contractual agreement normal to its operations.
2. AUTOMOBILE: The term "Automobile" shall mean any motor vehicle, trailer or semi-
trailer, including its equipment and any other equipment permanently attached thereto.
d
The word "Trailer" shall include semi-trailer.
3. ULTIMATE NET LOSS: The words "Ultimate Net Loss" in respect of this section shall be
understood to mean the loss sustained by the Insured after making deductions for all
recoveries and salvages.
4. EARTHQUAKE: If more than one earthquake shock shall occur within any period of
seventy-two (72) hours during the term of this Insurance, such earthquake shock shall
be deemed to be a single earthquake within the meaning thereof.
5. VALUABLE PAPERS: The term Valuable Papers shall mean:
Written, printed or otherwise inscribed documents and records, including books, maps,
films, drawings, abstracts, deeds, mortgages and manuscripts, but does not mean
money and securities, but includes additional costs to research or restore damaged
documents, drawings or records.
6. ACCOUNTS RECEIVABLE: The term "Accounts Receivable" shall mean:
a) All sums due the Insured from customers provided the Insured is unable to effect
collection thereof as the result of covered loss or damage to records of accounts
receivable;
CC (7-93) 2
b) Interest charges on any loan to offset impaired collections pending repayment of
such sums made uncollectible by such loss or damage:
c) Collection expense in excess of normal collection caused and made necessary
because of such loss or damage;
d) Other expenses when reasonably incurred by the Insured in re-establishing records
of accounts receivable following such loss and/or damage.
The following special exclusions apply to Accounts Receivable Coverage; this policy does
not insure against:
1 ► Loss due to bookkeeping, accounting or billing errors or omissions;
2) Loss, the proof of which as to factual existence, is dependent upon an audit of
records or an inventory computation, but this shall not preclude the use of such
procedures in support of claim for loss which the Insured can prove, through
evidence wholly apart therefrom, is due solely to a risk of loss to records of
accounts receivable not otherwise excluded hereunder;
3. Loss due to alteration, falsification, manipulation, concealment, destruction or
disposal of records of accounts receivable committed to conceal the wrongful
giving, taking, obtaining or withholding of money, securities or other property but
only to the extent of such wrongful giving, taking, obtaining or withholding.
7. OCCURRENCE: "Occurrence" means all covered loss, damage, or a sequence of losses
or damage, casualties or disasters, arising from a single event or catastrophe. So far as
loss involving in whole or in part, the perils of wind, (including hurricanes, tornadoes,
cyclone), snow, rain, or hail is concerned a single event shall mean one single
atmospheric disturbance during a continuous period of seventy-two (72) hours (not
limited by the date on which coverage under this policy ceases).
SECTION 1 - EXCLUSIONS
WITH REGARD TO ALL PROPERTY, THIS INSURANCE DOES NOT INSURE AGAINST:
1 . Loss by moth, vermin, termites or other insects; wear, tear or gradual deterioration; rust,
wet or dry rot, or mold.
2. Loss or damage caused by:
a) Radioactive or fissionable material.
b) Contamination, other than by (a) above, unless directly resulting from Fire or
Extended Coverage perils.
3. Loss resulting from loss of use, delay or loss of markets.
CC (7-93) 3
4. Breakdown of machinery and/or boiler explosion but not excluding loss resulting
therefrom. This exclusion shall not apply as respects to EDP equipment and media.
5. Loss resulting from dampness of atmosphere or variation in temperature unless caused
by the perils of Fire and Extended Coverage. This exclusion shall not be deemed to
exclude loss resulting from freezing.
6. Loss of electrical appliances or devices of any kind, including wiring, arising from
electrical injury or disturbance to the said electrical appliances or devices or wiring from
artificial causes unless fire or explosion ensues, and then only for direct loss or damage
caused by fire or explosion.
WITH REGARD TO ALL REAL PROPERTY, THIS INSURANCE DOES NOT INSURE AGAINST:
Loss by normal settling, normal shrinkage or normal expansion in foundations, walls, floors
or ceilings.
WITH REGARD TO PERSONAL PROPERTY, THIS INSURANCE DOES NOT INSURE AGAINST:
1 . Loss by mechanical derangement, inherent vice or latent defect.
2. Loss resulting from processing or faulty workmanship, unless fire and/or explosion
ensues, and then only for direct loss or damage caused by such ensuing fire or
explosion.
3. Loss resulting from shrinkage, evaporation, loss of weight or leakage, unless such loss is
caused directly by fire or the combating thereof, lightning, windstorm, hail explosion,
strike, riot or civil commotion, aircraft, vehicles, breakage of pipes or apparatus, sprinkler
leakage, vandalism and malicious mischief, theft or attempted theft.
4. Inventory shortage, mysterious disappearances or loss resulting from any kind of
infidelity or dishonesty on the part of the Insured or any of his employees.
PROPERTY EXCLUDED FROM COVERAGE HEREUNDER:
Animals, aircraft, standing timber, growing crops, currency, money, notes and securities.
SECTION I - CONDITIONS
•
1 . VALUATION: The Underwriters shall not be liable for loss or damage in excess of:
A. (Real and Personal Property - other than automobile) - the cost to repair, rebuild or
replace the destroyed or damaged property in a condition equal to but not superior
to or more extensive than its condition when new. If the Insured decides to replace
destroyed or damaged property on another site, cost of such site is not included
hereunder.
It is a requirement that if the Insured does not repair, replace or rebuild the
property within two years from the date of loss, this property shall be valued at ACV.
CC (7-93) 4
B. (Automobile) - the actual cash value of the automobile at the time of loss.
2. DEBRIS REMOVAL: This Insurance covers the expense of removal from the premises
containing the property insured hereunder of debris remaining after any loss hereby
insured against, except that there shall be no liability assumed for the expense of
removal of any foundations.
3. REMOVAL CLAUSE: This Insurance covers the expense and damage occasioned by
removal from the premises endangered by the perils insured against wherever such
property is located or removed for preservation.
4. ARCHITECTS FEES: This Insurance covers the additional assessment involving
architects' fees for consultations arising from losses resulting from an insured peril. Fees
are limited to seven (7%) percent of replacement cost.
5. APPRAISAL: In the event the Insured and Underwriters are unable to agree as to the
amount necessary to rebuild, repair or replace the damaged or destroyed property or the
actual amount of reimbursement to be paid, each party shall name a competent and
disinterested umpire. The appraisers together shall obtain reconstruction estimates, and
calculated the amounts of reimbursement due, and failing to agree, shall submit their
differences to the umpire.
The award, in writing, duly verified by any two shall determine the point in question.
Both parties shall pay the cost of their own appraisers and equally pro rate the cost of
the umpire.
6. CIVIL AUTHORITY CLAUSE: Notwithstanding anything contained in this Insurance,
property which is insured under this Insurance is also covered against the risk of damage
or destruction by civil authority during a conflagration and for the purpose of retarding
the same; provided that neither such conflagration nor such damage or destruction is
caused or contributed to by war, invasion, revolution, rebellion, insurrection or other
hostilities or warlike operations.
7. ORDINANCE DEFICIENCY CLAUSE: Notwithstanding anything contained herein to the
contrary, the Underwriters shall be liable also for the loss occasioned by the
enforcement of any state or municipal law, ordinance or code, which necessitates, in
repairing or rebuilding, replacement of material to meet such requirements. If demolition
is required to comply with such enforcement, Underwriters shall also be liable for such
additional costs.
8. EXPENSE TO REDUCE OR PREVENT LOSS: This Insurance also covers such expenses as
are necessarily incurred for the purpose of reducing or preventing any loss under this
Insurance not exceeding, however, the amount by which the loss under this Insurance is
thereby reduced.
CC (7-93) 5
SECTION II - GENERAL CONDITIONS
1 . PREMIUM PROVISION:
See Declarations Page.
2. SALVAGE AND RECOVERY CLAUSE:
All salvages, recoveries and payments recovered or received subsequent to a loss
settlement under this Insurance shall be applied as if recovered or received prior to the
said settlement and all necessary adjustments shall be made by the parties hereto.
3. INSPECTIONS, AUDIT AND VERIFICATION OF VALUES:
The Underwriters or their duly authorized representatives shall be permitted at all
reasonable times during continuance of this Insurance to inspect the premises used by
the Insured and to examine the Insured's books or records so far as they relate to
coverage afforded by this Insurance.
4. RECORDS:
It is hereby understood and agreed that the records and books as kept by the Insured
shall be acceptable to Underwriters in determining the amount of loss or damage covered
hereunder.
5. DUE DILIGENCE CLAUSE:
The Insured shall use due diligence and do and concur in doing all things reasonably
practicable to avoid or diminish any loss of or damage to the property herein insured.
6. CANCELLATION:
This Insurance may be 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 Rollins Burdick Hunter of Colorado.
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 hereundi
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.
1O. MORTGAGE CLAUSE:
The interest of any mortgagor on property covered hereunder is included as if a
separate endorsement were attached hereto to the extent of the amount of mortgage
as of the date of loss subject to the limits of liability set forth in this Insurance.
11 . CLAIMS:
The Insured shall immediately notify Underwriters through Rollins Technical Services by
registered mail, of any occurrence, the cost of which is likely to result in payment by
Underwriters under this Insurance. Underwriters shall have the opportunity to be
associated with the Insured in defense of any claims, suits, or proceedings relative to
an occurrence wherein the opinion of the Underwriters, their liability under this
Insurance is likely to be involved, in which case the Insured and Underwriters shall
cooperate to the mutual advantage of both.
12. LOSS PAYMENTS:
When it has been determined that Underwriters are liable under this Insurance,
Underwriters shall thereafter promptly reimburse the Insured for all 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 Rollins
Technical Services and acceptance by Underwriters of satisfactory proof of interest and
loss.
13. APPEAL:
In the event the Insured and Underwriters are unable to agree to the advisability of
appealing a judgment, a disinterested attorney, mutually agreeable to the Underwriters
and the Insured, shall be retained and directed to render a written opinion as to his
recommendation concerning such appeal. Such written recommendation shall be
binding on both the Insured and Underwriters. Fees of such retained attorney shall be
:tk.j 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
14. LITIGATION PROCEEDINGS:
No suit to recover on account of loss under this Insurance shall be brought until ninety
days after the proof of loss shall have been furnished, nor at all unless commenced
within twenty-seven months from the date upon which loss occurred, if such loss is
within the knowledge of the Insured; if not, the twenty-seven months shall begin
upon notice to the Insured to such loss or claim.
15. SUBROGATION:
The Underwriters shall be subrogated to all rights which the Insured may have against
any person or other entity in respect to any claim or payment made under this
Insurance, and the Insured shall execute all papers required by the Underwriters and
shall cooperate with the Underwriters to secure Underwriter's rights. In case any
reimbursement obtained or recovery made by the Insured or the Underwriters on
account of any loss covered by this Insurance, the net amount of such reimbursement
or recovery, after deducting the actual cost of obtaining or making the same, shall be
first applied in the following order:
a) Amount of loss which exceeds the applicable limit of liability.
b) To reduce the Underwriters' loss until the Underwriters are fully reimbursed.
c) To reduce the Insured's loss because of the application of the aggregate loss fund.
16. WAIVER OF SUBROGATION:
This Insurance shall not be invalidated if the Insured by written agreement has waived
or shall waive its right of recovery from any party for loss or damage covered
hereunder; provided, that any such waiver is made prior to the occurrence of said loss
or damage.
17. CONFLICTING STATUTES:
In the event that any provision of this Insurance is unenforceable by the Insured under
the laws of any state or other jurisdiction wherein it is claimed that the Insured is liable
for any injury covered hereby because of non-compliance with any statute thereof, then
this policy shall be enforceable for the Insured with the same effect as if it complied
with such statutes.
18. ASSIGNMENT:
Assignment of interest under this Insurance shall not bind the Underwriters until the
Underwriters' consent is endorsed hereon.
CC (7-93) 8
19. CHANGES:
By acceptance of this Insurance, the Insured agrees that it embodies all agreements
existing between the Insured and Underwriters or any of its agents relating to this
Insurance. None of the provisions, conditions or other terms of this Insurance shall be
waived or altered except by endorsement; nor shall notice to any agent or knowledge
possessed by any agent or by any other person be held to effect a waiver or change in
any part of this Insurance.
20. WAR CLAUSE:
Coverage does not apply under this Insurance for loss or damage directly or indirectly
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 declared or not), civil war, rebellion,
revolution, insurrection, military or usurped power, confiscation or nationalization or
requisition or destruction of or damage to property by or under the order of any
government or public or local authority unless such acts of destruction by order of civil
authority is at the time of and for the purpose of preventing spread of fire, or claims or
liability arising directly or indirectly from nuclear fission, nuclear fusion or radioactive
contamination.
21 . FRAUDULENT CLAIMS:
O
If the Insured shall make any claim knowing the same to be false or fraudulent, as
regards amount or otherwise, this Insurance shall become void and all claim hereunder
shall be forfeited.
HEREON: 100% OF LIMITS AND PREMIUM
ATTACHING TO AN FORMING PART OF POLICY NUMBER GF03400003, ST PAUL FIRE
AND MARINE INSURANCE COMPANY.
DATED: 07-01-93 ST. PAUL FIRE & MARINE INSURANCE CO.
U
CC (7-93) 9
TRANSIT EXTENSION INSURING CLAUSE
In consideration of the premium paid and subject to the terms, limits and conditions of the
policy to which this Extension is attached and to the following conditions and exclusions,
this insurance is hereby extended to cover:
Personal property of the Insured or property held by the Insured in trust or on
commission or on consignment for which the Insured may be held legally liable while in
due course of transit within the limits of the Continental United States of America
(excluding Hawaii) and Canada, against All Risks of Direct Physical Loss or Damage to
the property insured occurring during the period of this policy (including general
average and salvage charges on shipments covered while waterborne).
PERILS EXCLUDED
This extension does not insure against:
1 . Loss or damage to personal property resulting from:
shrinkage, evaporation, loss of weight, leakage of glass or other fragile articles,
marring, scratching, exposure to light, or change in color, texture or flavor, unless such
loss is caused directly by fire or the combating thereof, lightning, windstorm, hail,
explosion, strike, riot or civil commotion, aircraft, vehicles, breakage of pipes or
apparatus, sprinkler leakage, vandalism and malicious mischief, theft or attempted
theft.
2. Loss of use, delay or loss of markets.
3. Loss or damage caused by or resulting from moth, vermin, termites, or other insects,
inherent vice, latent defect, wear, tear or gradual deterioration; contamination; rust,
wet or dry rot, mold, dampness of atmosphere, smog or extremes of temperature.
4. Loss or damage caused by or resulting from misappropriation, conversion, infidelity or
any dishonest act on the part of the Insured or other party of interest, his or their
employees or agents to others to whom the property may be delivered or entrusted
(carriers for hire excepted).
5. Loss or damage to the property insured occasioned by war, invasion, hostilities, acts of
foreign enemies, civil war, rebellion, insurrection, military or usurped power or martial
law or confiscation by order of any government or public authority.
6. Loss or damage arising directly or indirectly from nuclear reaction, nuclear radiation or
radioactive contamination however such nuclear reaction, nuclear radiation or
radioactive contamination may have been caused. Nevertheless, if a fire arises directly
or indirectly from nuclear reaction, nuclear radiation or radioactive contamination, any
loss or damage arising directly from that fire shall (subject to the provisions of this
Policy) be covered excluding, however, all loss or damage caused by nuclear reaction,
nuclear radiation or radioactive contamination arising directly or indirectly from that fire,
CC (7-93) 1 of 2
7. Loss or damage caused by breakdown or derangement of refrigerating units.
DEDUCTIBLE(S)
Each loss or series of losses arising out of one event shall be adjusted separately and from
the amount of each such adjusted loss the sum(s) stated shall be deducted.
PROPERTY EXCLUDED
This Extension does not cover:
1 . a. Aircraft, watercraft, vehicles designed for highway use, animals, jewelry, precious
stones and furs or garments trimmed with fur.
b. Currency, money, notes, securities, deeds, and evidences of debt
2. Property in due course of ocean marine transit.
3. Shipments by mail after delivery into the custody of the Post Office Department.
4. Samples while in the care, custody or control of salesmen.
CONDITIONS
1 . The Insured may accept without prejudice to this insurance the ordinary bills of lading
or receipts issued by carriers including those containing released and/or partially
released value provisions, but the Insured shall not enter into any special agreement
with carriers releasing them from their common law or statutory liability.
2. Property insured hereunder shall be valued as follows:
A. Sold property at the actual net invoice price of the Insured.
B. Unsold property at the actual cash value of the property at the time any loss or
damage occurs with property deduction for depreciation and in no event to exceed
what it would cost to repair or replace the property with material of like kind and
quality.
Subject otherwise to all terms, clauses and conditions as heretofore.
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
Endorsement Number 1
CC (7-93) 2 of 2
EXTRA EXPENSE
40/80/100% OF LIMIT
It is agreed that if the property insured by Insuring Agreement A of Section I is damaged or
destroyed by perils insured against in said Insuring Agreement A during the period of this
Insurance so as to necessitate the incurrence of Extra Expense (as defined below) the
Underwriters shall be liable for the Extra Expense so incurred, not exceeding the actual loss
sustained, for not exceeding such length of time, hereinafter referred to as the "period of
restoration".
It is further agreed that this extension of coverage shall not operate to increase the
Underwriters limits of liability hereunder.
Underwriters shall be liable for no greater percentage of the amount of this Policy than is
stated below for the determined period of restoration.
40% if period of restoration is not in excess of one month;
80% if period of restoration exceeds one month but does not exceed two months;
100% if period of restoration exceeds two months.
DEFINITIONS
a. Extra Expense: The term "Extra Expense" means the excess (if any) of the total cost
-) incurred during the period of restoration chargeable to the operation of the Insured's
business, over and above the total cost that would normally have been incurred to
conduct the business during the same period had no damage or destruction occurred.
b. Normal: The term "Normal" wherever used herein shall mean; the condition that would
have existed had no loss occurred.
c. Month: The word "month" wherever used herein means 30 consecutive days.
d. Period of Restoration: The term "period of restoration" means such length of time
commencing with the date of damage and not limited by the date of expiration of
this policy, as would be required with the exercise of due diligence and dispatch to
repair, rebuild or replace such part of the Insured's property as has been damaged or
destroyed.
CONDITIONS
a. Resumption of Operations: It is a condition of this Insurance that as soon as.
practicable, the Insured shall resume normal operations of the business and shall
dispense with such extra expense.
) b. Interruption by Civil Authority: Liability hereunder is extended to include actual loss as
covered hereunder, sustained during the period of time, not exceeding two weeks,
when as a direct result of a peril insured against, access to the premises in which the
property described is located is prohibited by order of civil authority.
CC (7-93) 1 of 2
EXCLUSIONS
In addition to the General Exclusions of this Insurance, Underwriters shall not be liable for
Extra Expense resulting from:
a. The suspension, lapse or cancellation of any lease, license, contract or order beyond
the period of restoration;
b. Interference at premises by strikers or other persons with rebuilding, repairing or
replacing the property damaged or destroyed or with the resumption or continuation of
business;
c. Enforcement of any local or state ordinance or law regulating construction, repair or
demolition of buildings or structures;
Further, Underwriters shall not be liable for:
a. more than the amount set forth in the limits of liability for each premises;
b. loss of income;
c. the cost of repairing or replacing any of the real or personal property covered
hereunder, or the cost of research or other expense necessary to replace or restore
damage or destroyed books of account, abstracts, drawings, card index systems or
other records (including film, tape, disc, drum, cell or other magnetic recording or
storage media for electronic data processing), that have been damaged or destroyed by
the perils insured against, except cost in excess of the normal cost of such repair,
replacement or restoration necessarily incurred for the purpose of reducing loss under
this policy. In no event shall such excess cost exceed the amount by which the total
extra expense loss otherwise payable under this policy is thereby reduced;
d. loss resulting from theft of any property which at the time of loss is not an integral part
of a building or structure (except direct loss by pillage and looting occurring during and
at the immediate place of a riot or civil commotion), unless loss by a peril not excluded
in this policy ensues from theft or attempted theft, and then the Underwriters shall be
liable for only such ensuing loss;
e. any other consequential or remote loss.
Subject otherwise to all terms, clauses and conditions as heretofore,
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
Endorsement Number 2
CC (7-93) 2 of 2
CANCELLATION:
This Insurance may be cancelled as of any anniversary date of either of the parties upon
written notice to the other party stating when, not less than ninety (90) days thereafter
cancellation shall be effected.
If this Insurance shall be cancelled by the Insured, the Underwriters shall retain the
customary short rate proportion of the premium hereon, except that if this Insurance is on
an adjustable basis the Underwriters shall receive the earned premium hereon or the
customary short rate proportion of any minimum premium stipulated herein whichever is the
greater.
If this Insurance shall be cancelled by or on behalf of the Underwriters, the Underwriters
shall retain the pro rata proportion of the premium hereon; except that if this Insurance is on
an adjustable basis, the Underwriters shall receive the earned premium hereon or the pro
rata proportion of any minimum premium stipulated herein whichever is the greater.
Payment or tender of any unearned premium by the Underwriters shall not be a condition
precedent to the effectiveness of Cancellation by such payment shall be made as soon as
practicable.
If the period of limitation relating to the giving of notice is prohibited or made void by any
law controlling the construction thereof, such period shall be deemed to be amended so as
to be equal to the minimum period of limitation permitted by such law.
Subject otherwise to all terms, clauses and conditions as heretofore.
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
Endorsement Number 3
)
CC (7-93)
POLLUTION EXCLUSION ENDORSEMENT
In consideration of the premium charged, it is understood that the following exclusion is
added to Section I, Exclusions:
Pollution caused directly or indirectly by the release, discharge, dispersal, seepage,
migration, or escape of pollutants or contaminants unless the release, discharge,
dispersal, seepage, migration, or escape is caused by fire, lightning, explosion,
windstorm, hail, leakage from fire protection equipment, smoke, vehicles and aircraft,
riot, civil commotion, vandalism, sinkhole collapse, volcanic action, falling objects,
weight of snow, ice or sleet, or water damage. However, this policy does not cover
the costs arising out of the enforcement of any law, ordinance, regulation or order by
civil or judicial authority requiring the removal, disposal, replacement, cleanup,
restoration or containment of insured property or for costs to monitor or test for the
existence or effects of pollutants.
This exclusion applies regardless of any other cause or event that contributes
concurrently or in any sequence to the loss.
All other terms and conditions remain unchanged.
)
Subject otherwise to all terms, clauses and conditions as heretofore.
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
Endorsement Number 4
CC17-93)
EXTENSION OF COVERAGE ENDORSEMENT
Pollution Cleanup and Removal
In consideration of the premium charge, the following extension of coverage is added.
Notwithstanding any conditions or terms contained elsewhere in this policy, coverage is
extended for a limit of $25,000 any one occurrence to cover the cost to clean up and
remove pollutants that are:
1 . in the land or water at an insured location provided the discharge, seepage, migration,
release, escape or dispersal is due to fire, lightning, explosion, windstorm, hail, leakage
from fire protection equipment, smoke, vehicles and aircraft, riot, civil commotion,
vandalism, sinkhole collapse, volcanic action, falling objects, weight of snow, ice or
sleet, or water damage.
For example: a fire at an insured location causes chemicals to run onto the ground and
into a nearby river. This policy will pay to clean up the pollution that is in the land and
water at the insured premises up to the limit of liability of this extension. This policy
will not pay to clean up land or water away from an insured premises;
2. in the land or water away from an insured premises but only when pollution or
contamination is caused by the collision, upset or overturn of a transporting vehicle
which is owned, operated, rented, leased or borrowed by the Insured.
Coverage is provided under this extension only if the following conditions are met:
a. the cause of loss occurs during the policy period;
b. the pollution must occur at an insured location except as provided for in clause
2. above.
c. the clean-up and removal costs must be incurred and reported to the company
within one hundred eighty (180) days of either the date of direct physical loss or
damage or the end of the policy period, whichever is earlier.
Liability for loss under this extension shall not exceed $25,000 in any one occurrence or
$25,000 in the aggregate for all such losses in any one policy year.
All other terms and conditions remain unchanged.
Subject otherwise to all terms, clauses and conditions as heretofore.
St.Paul Fire & Marine Insurance Company
ENDORSEMENT attaching to and forming part of Policy Number 0F03400003 in the name
of Colorado Counties, Casualty and Property Pool.
J Effective date of this endorsement is July 1 , 1993
St.Paul Fire & Marine Insurance Company
CC (7-93) Endorsement Number 5
The StPaul
OTHER TERMS AND CONDITIONS
Unless physically deleted by the Company, the following clauses shall be paramount and shall
supersede and nullify any contrary provision of the Policy.
This Policy does not insure against loss or damage caused by or resulting from:
(1 ) Hostile or warlike action in time of peace or war, including action in hindering, combating
or defending against an actual impending or expected attack, (a) by any government or
sovereign power (de jure or de facto), or by any authority maintaining or using military,
naval or air forces; or (b) by military, naval or air forces; or (c) by an agent of any such
government, power, authority or forces;
(2) Any weapon of war, employing atomic fission or radioactive force whether in time of
peace or war;
(3) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by govern-
mental authority in hindering, combating or defending against such an occurrence, seizure
or destruction under quarantine or Customs regulations, confiscation by order of any
government or public authority, or risks of contraband or illegal transportation or trade.
It is agreed that if this Policy insures against the peril of Fire, Clause A below shall apply, but if
this Policy does not insure against the peril of Fire, Clause B below shall apply, as follows:
A. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or
radioactive contamination, all whether controlled or uncontrolled, and whether such loss
be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed
to, or aggravated by the peril(s) insured against in this Policy; however, subject to the
foregoing and all provisions of this Policy, direct loss by fire resulting from nuclear reaction
or nuclear radiation or radioactive contamination is insured against by this Policy.
B. This Company shall not be liable for loss by nuclear reaction or nuclear radiation or
radioactive contamination, all whether controlled or uncontrolled, and whether such loss
be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed
to, or aggravated by the peril(s) insured against in this Policy.
THIS POLICY IS MADE AND ACCEPTED SUBJECT TO THE FOREGOING STIPULATIONS AND
CONDITIONS, together with such other provisions, agreements or conditions as may be
endorsed hereon or added hereto; and no officer, agent or other representative of this
Company shall have power to waive or be deemed to have waived any provision or condition of
this Policy unless such waiver, if any, shall be written upon or attached hereto, nor shall any
privilege or permission affecting the insurance under this Policy exist or be claimed by the
islJnsured unless so written or attached.
CC (7-93) Page 1 of 2
ST.PAUL FIRE AND MARINE INSURANCE COMPANY ONLY:
Provisions Required by Law to be Stated in this Policy: - "This Policy is issued under and in
pursuance of the laws of the State of Minnesota, relating to Guaranty Surplus and Special
Reserve Funds. " Chapter 437, General Laws of 1909.
In Witness Whereof, this Company has executed and attested these presents; but this Policy
shall not be valid unless countersigned by a duly authorized Agent of the Company.
�r Qouzzi 1553 s t? )rt'. UTA•t a a -r-t,_ .ri
Countersignature Date Countersigned At Agent
Name of Insured Effective Date Policy Number
COLORADO COUNTIES CASUALTY& 07/01/93 GF03400003
PROPERTY POOL
O40502 Ed.1-80 Endorsement
St.Paul Fire and Marine Insurance Co.I980 Page 2 of 2
CC (7-93)
ONE TOWER SQUARE
HARTFORD, CT. 06183
TheTraveIen'j
COMMON POLICY DECLARATIONS
ISSUE DATE : 07/21 /93
POLICY NUMBER : M5J-660-920J5922-TIL-93
1 . NAMED INSURED AND MAILING ADDRESS :
COLORADO COUNTIES CASUALTY
& PROPERTY POOL
C/O COUNTY TECHNICAL SERVICES
1177 GRANT STREET, SUITE 200
DENVER, CO 80203
2 . POLICY PERIOD: From 07/01 /93 to 07/01 /94 12 :01 A .M. Standard Time at
your mailing address .
3 . LOCATIONS
Premises Bldg.
Loc . No. No. Occupancy Address
1 1 COUNTIES SEE SPECIAL LOCATION SCHEDULE
DENVER, CO 80203
4 . COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES :
BOILER AND MACHINERY COV PART DECLARATIONS BM TO 01 11 85 TIL
5 . NUMBERS OF INTERLINE FORMS AND ENDORSEMENTS
FORMING A PART OF THIS POLICY: SEE IL T8 01 07 93
6 . SUPPLEMENTAL POLICIES : Each of the following is a separate policy
— - containing its complete provisions :
Policy Policy No. Insuring Company
zrzrz
erm
*AMS BINDER BILLED #
MET 7 . PREMIUM SUMMARY:
Provisional Premium *$ 65,327
Due at Inception $
0:Wm Due at Each $
NAME AND ADDRESS OF AGENT OR BROKER : COUNTERSIGNED Y:
ROLLINS HUDIG HALL OF UT (EC815) ( (/
„b� 2180 SOUTH 1300 EAST SUITE 500 _ �. AL‘-'t
SALT LAKE , UT 84152-625 Au orized Repr gentativP
DA E : c f i
IL TO 02 11 89 PAGE 1 OF 1 \' -'OFFICE : SALT LAKE CITY
COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions:
A. CANCELLATION
1. The first Named Insured shown in the Decla- 2. Give you reports on the conditions we fli.d,
rations may cancel this policy by mailing or and
delivering to us advance written notice of 3. Recommend changes.
cancellation. Any inspections, surveys, reports or recorr,-
2. We may cancel this policy or any Coverage mendations relate only to insurability and *fie
Part by mailing or delivering to the first premiums to be charged. We do not make
Named Insured written notice of cancellation safety inspections. We do not undertake to
at least: perform the duty of any person or organize-
a. 10 days before the effective date of can- tion to provide for the health or safety of
cellation if we cancel for nonpayment of workers or the public. And we do not warrant
premium; or that conditions:
b. 30 days before the effective date of can- 1. Are safe or healthful; or
cellation if we cancel for any other 2. Comply with laws, regulations, codes or
reason. standards.
3. We will mail or deliver our notice to the first This condition applies not only to us, but
Named Insured's last mailing address known also to any rating, advisory, rate service or
to us. similar organization which makes insurance
4. Notice of cancellation will state the effective inspections, surveys, reports or recommen-
date of cancellation. If the policy is can- dations.
celled, that date will become the end of the
policy period. If a Coverage Part is can- E. PREMIUMS
celled, that date will become the end of the 1. The first Named Insured shown in the Dente-
policy period as respects that Coverage Part rations:
only. a. Is responsible for the payment of all
5. If this policy or any Coverage Part is can- premiums; and
b.
C celled, we will send the first Named Insured Will be the payee for any return pre-
any premium refund due. If we cancel, the miums we pay.
refund will be pro rata. If the first Named 2. We compute all premiums for this policy in
e Insured cancels, the refund may be less than accordance with our rules, rates, rating
pro rata. The cancellation will be effective plans, premiums and minimum prerni ms.
even if we have not made or offered a refund. The premium shown in the Declaratinrs was
6. If notice is mailed, proof of mailing will be computed based on rates and rules u. ehp�t
sufficient proof of notice. at the time the policy was issued. On each
renewal continuation or anniversary of the
B. CHANGES effective date of this policy, we will s:omaute
' This policy contains all the agreements between the premium in accordance with 0W ;Ptee
you and us concerning the insurance afforded. and rules then in effect.
The first Named Insured shown in the Declar-
-
ations is authorized to make changes in the F. TRANSFER OF YOUR RIGHTS AN'; DUTIES
terms of this policy with our consent. This poi- UNDER THIS POLICY
icy's terms can be amended or waived only by Your rights and duties under this policy may not
endorsement issued by us as part of this policy. be transferred without our written consent ex; pt
in the case of death of an individus' named
C. EXAMINATION OF YOUR BOOKS AND RE- insured.
CORDS If you die, your rights and duties will be
We may examine and audit your books and transferred to your legal representative but only
Italie-
records as they relate to this policy at any time while acting within the scope of duties as your
'— during the policy period and up to three years legal representative. Until your legal represen-
afterward. tative is appointed, anyone having proper
temporary custody of your property wi'I have
D. INSPECTIONS AND SURVEYS rights and duties but only with respect to *hat
t' We have the right but are not obligated to: property.
1. Make inspections and surveys at any time;
IL TO 01 11 89 Includes copyrighted material of Insurance Services Office, Page 1 ref 2
with its permission. Copyright, Insurance Services Office, 1989
This policy consists of the Common Policy Declara- company indicated as insuring company in the .ora-
tions and the Coverage Parts and endorsements mon Policy Declarations by the abbreviation cm* :ts
listed in that declarations form. name opposite that Coverage Part.
In return for payment of the premium, The Travelers The companies listed below (each a stock company)
agrees with the Named Insured to provide the in- have executed this policy, but it is valid only if
surance afforded by a Coverage Part forming part of countersigned on the Common Policy Declarations
this policy. That insurance will be provided by the by our authorized representative.
The Travelers Indemnity Company (IND)
The Phoenix Insurance Company (PI-IX)
The Charter Oak Fire Insurance Company (COF)
The Travelers Indemnity Company of Illinois (TIL)
The Travelers Indemnity Company of Rhode Island (TRI)
The Travelers Indemnity Company of America (TIA)
.44, /ear_
Secretary President
The Travelers Insurance Company (INS)
o
Secretary rP esident
ILT0011189
Page 2 of 2
Th.eltaveleni
POLICY NUMBER: M5J-660-920J59;2- riL-93
EFFECTIVE DATE : 07/01 /93
ISSUE DATE : 07/21 /93
LISTING OF FORMS, ENDORSEMENT & SCHEDULE NUMBERS
THIS LISTING SHOWS THE NUMBER OF INTERLINE FORMS, ENDORSEMENTS AND OTHER
SCHEDULES .
IL TO 01 11 89 Common Policy Conditions
IL 01 69 02 93 CO Changes - Concealment , Misrepresentation, Fraud
IL 02 28 10 89 Colorado Changes - Cancellation and Nonrenewal
awa
aaa
SSLA
Gs
SYMBOL NO. IL TS 01 07 93
OFFICE : SALT LAKE CITY 187
PRODUCER NAME : ROLLINS HUDIG HALL OF UT EC815
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COLORADO CHANGES -
CONCEALMENT, MISREPRESENTATION OR FRAUD
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
BUSINESSOWNERS POLICY
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
FARM COVERAGE PART-FARM PROPERTY COVERAGE FORM
FARM COVERAGE PART-MOBILE AGRICULTURAL MACHINERY
AND EQUIPMENT COVERAGE FORM
FARM COVERAGE PART-LIVESTOCK COVERAGE FORM
The CONCEALMENT, MISREPRESENTATION OR FRAUD Condition is replaced by the following:
CONCEALMENT, MISREPRESENTATION OR FRAUD
We will not pay for any loss or damage in any case of:
1. Concealment or misrepresentation of a material fact; or
2. Fraud
committed by you or any other insured ("insured") at any time and relating to coverage under this policy.
flan
n.-
4
IL 01 69 02 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 if 1
Copyright, ISO Commercial Risk Services, Inc., 1992
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COLORADO CHANGES-CANCELLATION
AND NONRENEWAL
This endorsement modifies insurance provided under the following:
BOILER AND MACHINERY COVERAGE PART
BUSINESSOWNERS POLICY
COMMERCIAL AUTO COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL PROPERTY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A. Paragraph 2. of the CANCELLATION Common (1) Nonpayment of premium;
Policy Condition is replaced by the following: (2) A false statement knowingly made by
2. If this policy has been in effect for less than the insured on the application for in-
60 days, we may cancel this policy by mail- surance; or
ing or delivering to the first Named Insured (3) A substantial change in the exposure
written notice of cancellation at least: or risk other than that indicated in
a. 10 days before the effective date of can- the application and underwritten as ,
cellation if we cancel for nonpayment of of the effective date of the policy un- ,
premium; or less the first Named Insured has
notified us of the change and ws ac-
b. 30 days before the effective date of can- cept such change.
cellation if we cancel for any other
reason. C. The following is added and supersedes any other
provision to the contrary:
B. The following is added to the CANCELLATION
Common Policy Condition: NONRENEWAL
7. Cancellation of Policies in Effect for 60 Days If we decide not to renew this policy, we will trail
or More through first-class mail to the first Named
a. If this policy has been in effect for 60 Insured shown in the Declarations written notice
of the nonrenewal at least 45 days before the
days or more, or is a renewal of a policy
expiration date or its anniversary date if It is a
we issued, we may cancel this policy by
mailing through first-class mall to the first policy written for a term of more than one ver or
with no fixed expiration date.
Named Insured written notice of cancel-
lation: If notice is mailed, proof of mailing will be
sufficient proof of notice.
(1) Including the actual reason, at least
10 days before the effective date of D. The following Condition is added:
cancellation, if we cancel for nonpay- INCREASE IN PREMIUM OR DECREA6E IN
ment of premium; or COVERAGE
(2) At least 45 days before the effective We will not increase the premium uni:atara!V or
date of cancellation if we cancel for decrease the coverage benefits on renewal of
any other reason. this policy unless we mail through first-class mail
We may only cancel this policy based on written notice of our Intention, including the
one or more of the following reasons: actual reason, to the first Named Insurec"i last
IL 02 28 10 89 Copyright, Insurance Services Office, Inc., 1989 Page I of 2
Copyright, ISO Commercial Risk Services, Inc., 1989
mailing address known to us, at least 45 days 3. A substantial change in the exposure or risk
before the effective date. other than that indicated in the application
Any decrease in coverage during the policy term and underwritten as of the effective date of
must be based on one or more of the following the policy unless the first Named insured has
reasons: notified us of the change and we accept
such change.
1. Nonpayment of premium;
If notice is mailed, proof of mailing will be
2. A false statement knowingly made by the in-
sufficient proof of notice.
sured on the application for insurance; or
rta
gars
Page 2 of 2 Copyright, Insurance Services Office, Inc., 1989 IL 02 28 1(' 89
Copyright, ISO Commercial Risk Services, Inc., 1989
COMPREHENSIVE EQUIPMENT COVERAGE FORM TABLE OF CONTENT'S
Declarations and Endorsements that may also be attached to your policy are not included in this Table of
Contents.
ITEM PAGE NUMBER
COVERAGE 1
Covered Property 1
Covered Cause of Loss 1
Defense and Supplementary Payments 1
COVERAGE EXTENSIONS 1
Expediting Expenses 1
Business Income 1
Extended Business Income 2
Extra Expense 2
Spoilage 2
Off Premises Service Interruption 2
Ammonia Contamination 3
Water Damage 3
Hazardous Substances 3
Ordinance or Law (Including Demolition
and Increase Cost of Construction) 3
"Media" 3
s Brands and Labels 3
Newly Acquired Locations 3
Error in Description 4
EXCLUSIONS
='— Ordinance or Law 4
Nuclear Hazard 4
War and Military Action 4
Earth Movement 4
Other Exclusions 4
LIMITS OF INSURANCE
Limit Per Accident
Coverage Extension Limits 6
DEDUCTIBLE b
Damage to Covered Property
Business Income 5
Extra Expense . E
Spoilage
Off Premises Service Interruption
Ammonia Contamination . . . y
BM T1 52 01 93 Pag€? 1 of 2
COMPREHENSIVE EQUIPMENT COVERAGE FORM TABLE OF CONTENTS
(Continued)
ITEM PAGE N1.1M3EP
LOSS CONDITIONS 7
Abandonment 7
Appraisal 7
Duties in the Event of Loss or Damage 8
Reducing Your Loss 8
Loss Payment 8
Valuation 9
Spoilage Coverage Valuation 9
"Media"Valuation 9
Business Income Report of Values 9
Business Income Coinsurance 10
Conditional Suspension of Coinsurance 10
Joint Loss
11
ADDITIONAL CONDITIONS 11
Cancellation 11
Concealment, Misrepresentation and Fraud 11
Legal Action Against Us 11 r
Adjustment of Premium 11
Liberalization 4,1
11
Other Insurance 12
Policy Period, Coverage Territory 12
Transfer of Rights of Recovery Against Others to Us
Additional Insured 12
12
Bankruptcy 12
Suspension 12
Mortgage Holders
13
DEFINITIONS
BM 11 !2n193
Page 2 of 2
TheTraveleis
BOILER AND MACHINERY
COVERAGE PART DECLARATIONS
POLICY NUMBER :M5J-660-920J5922-TIL-93
LISTING OF FORMS, SCHEDULES & ENDORSEMENT NUMBERS
THIS LISTING SHOWS THE NUMBERS OF FORMS, SCHEDULES AND ENDORSEMENTS
WHICH FORM PART OF THE COVERAGE PART SHOWN ABOVE .
BM T1 50 01 93 COMP EQUIPMENT COVERAGE FORM
BM T1 52 01 93 TABLE OF CONTENTS
BM T8 00 07 93 GENERAL PURPOSE ENDORSEMENT
BM T8 69 04 91 SPECIAL LOCATION SCHEDULE
reBM
ArA
rAM
N
J=
BM TO 01 11 85
zai
PRODUCER ROLLINS HUDIG HALL OF UT EC815 OFFICE SALT LAKE CITY 18?
The-Iravelers j
BOILER AND MACHINERY POLICY NUMBER: M5J-660-920J5922-TIL-93
COVERAGE PART DECLARATIONS ISSUE DATE: 07-21 -93
COMPREHENSIVE EQUIPMENT COVERAGE
EFFECTIVE DATE: Same as policy unless otherwise specified:
COVERAGES, LIMITS OF INSURANCE AND OPTIONS- Insurance applies only to a coverage for which a 'imit
or "Included" is shown. An "X" indicates an applicable coverage option.
1. THESE DECLARATION APPLY TO ALL LOCATIONS COVERED BY THIS POLICY
EXCEPTIONS:
2. DEFINITION OF"OBJECT":
INCLUDES PRODUCTION MACHINES: X
EXCLUDES PRODUCTION MACHINES:
3. COVERAGES AND LIMITS:
COVERAGES LIMITS
Limit Per Accident: $100,000,000
Expediting Expenses: POLICY LIMIT
Business Income: POLICY LIMIT
Extra Expense: POLICY LIMIT
Spoilage: $25,000
\...�. Off Premises Service Interruption: POLICY LIMIT
Ammonia Contamination: POLICY LIMIT
Water Damage: POLICY LIMIT
Hazardous Substances: $25,000
Ordinance or Law: $1 ,000,000
"Media": $25,000
Brands and Labels: POLICY LIMIT
Newly Acquired Locations: POLICY LIMIT
Error in Description: POLICY LIMIT
4. DEDUCTIBLES
Damage to Covered Property: $5,000
Business Income: 12 HOURS
Extra Expense: COMBINED WITH BI
0-
Spoilage: $5,000
Off Premises Service Interruption: COMBINED WITH BI
Ammonia Contamination: COMBINED WITH PD
rata 5. OTHER CONDITIONS
Notice of Cancellation: 60 Days
Newly Acquired Locations: Up to a Maximum of 365 Days
6. NUMBERS OF FORMS, SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE
PART ARE ATTACHED AS A SEPARATE LISTING.
PRODUCER: ROLLINS HUDIG HALL OF UT EC815 OFFICE: SALT LAKE CITY 187
BM TO 01 11 85
BOILER AND hdMCHI.JPY
COMPREHENSIVE EQUIPMENT COVERAGE FORM
Various previsions in this policy restrict coverage. Read the entire policy carefully to determine rignts, dutes
and what is and is not covered.
Throughout this policy, the words "you" and "your' refer to the Named Insured shown in the Declarations. The
words "we," 'us" and "our' refer to the Company identified on the Declarations which is providing this insurance.
Other words and phrases that appear in quotation marks have special meaning. Refer to Section G—DEFINI-
TIONS.
A. COVERAGE "suit" we defend;
We will pay for direct damage to Covered (5) Pre-judgment interest awarded a-
Property caused by a Covered Cause of Loss. gainst you on that part of the judg-
1. Covered Property ment we pay. If we make an offer to
pay the applicable limits, we will not
Covered Property, as used in this Coverage pay any pre-judgment interest based
Part, means any property that: on that period of time after the offer;
a. You own; or and
b. Is in your care, custody or control and (6) All interest on the full amount of any
for which you are liable judgment that accrues after entry of
while at a location described in the Declara- the judgment and before we `rare
tions. paid, offered to pay, or depos ted1 .n
court the part of the judgment that is
2. Covered Cause of Loss within the applicable limits
A Covered Cause of Loss is an "accident" to 4. Coverage Extensions
an "object."
You may extend the insurance provided by
1 3. Defense and Supplementary Payments thin Coverage Part as follows:
a. If a claim or "suit" is brought agars' you a. Expediting Expenses
alleging that you are liable for damage in
property of another in your cart., rustuc'y With respect to your damaged Covered
•'— or control, that was directly caused by Property, we will pay the reasonable
an "accident" to an "object," we will extra ;�st to:
either: (1) Make temporary repairs; and
(1) Settle the claim or"suit," or (2) Expedite permanent repairs or re-
(2) Defend you against the claim or placement.
"suit" but keep for ourselves the right b. Business Income
to settle it at any point. (1) We will pay your actual !css of "tusi-
b. We will pay, with respect to any claim or ness income" from a torsi o partial
_ any"suit" we defend: Interruption of business caused sole-
_ (1) All expenses we incur; ly by an "accident" to an 'c iecr as
described in (3) below.
(2) The cost of bonds to release attach-
= ments. We do not have to furnish (2) We will also pay any necessary ax-
- these bonds; penses you incur to reduce .he
r- amount of loss under this Coverage
_ (3) All reasonable expenses incurred by Extension. We will pay for such ex-
you at our request to assist us in the penses to the extent that they do riot
' Investigation or defense of the claim exceed the amount of loss that cthar
or "suit," including actual loss of wise would have been payable under
earnings up to $250 a day because this Coverage Extension.
of time off from work;
r (3) The "object' must either be Covered
(4) All costs taxed against you in any Property or be property of others
BM T1 50 01 93 Page 1 of 15
BOILER AND MACHINERY
that is: (3) The "accident" must occur during the
Policy Period, but expiration of the
(a) located on or within 500 feet of a policy does not limit our liability
location insured under this Cov- under this coverage.
erage Part; and
(b) Used to supply electrical power, e. Spoilage
communications services, air con- (1) We will pay for your loss of perish-
ditioning, heating, gas, water or able goods due to spoilage resulting
steam to the described premises. from lack of power, light, heat, steam
or refrigeration caused solely by an
(4) The "accident" must occur during the "accident"to an "object" as described
Policy Period, but expiration of the in (3) below.
policy does not limit our liability
under this coverage. (2) We will also pay any necessary c. Extended Business Income ex-
penses you incur to reduce the
amount of loss under this Coverage
We will pay your actual loss of "business Extension. We will pay for such ex-
income" from a total or partial interrup- penses to the extent that they do not
tion of business caused solely by an "ac- exceed the amount of loss that other-
cident" to an "object" and incurred wise would have been payable under
during the period that: this Coverage Extension.
(1) Begins on the date property is ac- (3) The "object" must either be Co"e•ed
tually repaired, rebuilt or replaced Property or be property of ctPers
and operations are resumed; and that is:
(2) Ends on the earlier of: (a) located on or within 500 fee' of a
(a)The date you could restore your location insured under this av-
operations with reasonable speed, erage Part; and imws,,,
to the condition that would have (b) Used to supply electrical power, . '
existed if no direct physical loss or communications services, ai- ;on-
damage had occurred; or ditioning, heating, gas, wait% or
(b) Unless otherwise stated in the steam to the described premke3.
Declarations, 30 consecutive days (4) The "accident" must occur during the
after the date determined in (1) Policy Period, but expiration of the
above. policy does not limit our liahility
d. Extra Expense under this coverage.
(1) We will pay the reasonable "extra ex- f. Off Premises Service Interruption
pense" to operate your business (1) You may extend the insurance
during a total or partial interruption provided by the Coverage Exien-
of business caused solely by an "ac- sions—Business Income, Extra Ex-
cident" to an "object' as described in pense and Spoilage to loss .:aused
(2) below. solely by an "accident" to an "tdijert"
(2) The "object' must either be Covered as described in (2) below.
Property or be property of others (2) The"object" must be:
that is: (a) Located more than 500 feet from a
(a) located on or within 500 feet of a location insured under this
location insured under this Coy- Coverage Part; and
erage Part; and (b) Used to supply electrical power,
(b) Used to supply electrical power, communications services, air eon-
communications services, air con- ditioning, heating, gas, water or
ditioning, heating, gas, water or steam to the described premises.
steam to the described premises. (3) The "accident" must occur during the
Page2of15 BMT1500Ig3
BOILER AND MASH NEHY
Policy Period, but expiration of the enforcement of building zming or
policy does not limit our liability land use ordinance or law. If the
under this coverage. property is repaired or rebuilt, it
must be intended for similar use or
g. Ammonia Contamination
occupancy as the current property,
We will pay for direct damage to Covered unless otherwise required by zoning
Property contaminated by ammonia as a or land use ordinance or law.
result of an "accident"to an "object."
(3) The cost to demolish and clear the
h. Water Damage site of undamaged parts of the prop-
We will pay for direct damage to Covered erty caused by enforcement of the
Property by water as a result of an "acci- building, zoning, or land use ordi-
dent" to an "object" that is part of an air nance or law.
conditioning system. This extension of coverage does not
i. Hazardous Substances apply to any increase in loss due to a
We will pay for direct damage to build- substance declared to be hazardous to
ings and personal property that are health by a governmental agency.
Covered Property and are contaminated We will not pay for increased construc-
by a Hazardous Substance as a result of tion costs until the property is actually
an "accident"to an "object." repaired or replaced.
If applicable, we will also pay for loss k. "Media"
under the Coverage Extensions—Busi- We will pay for "media" directly damaged
ness Income and Extra Expense caused by an "accident"to an "object."
by such contamination. I. Brands and Labels
As used above, Hazardous Substance If branded or labeled merchandise that is
shall mean any substance other than Covered P or erty is merchandise
d isy " is
C- ammonia that has been declared to be cident" to an "object," but retains a sal-
vage ac-
hazardous to health by a governmental
agency. value, you may, at your expen n.
j. Ordinance or Law (Including Demoli- (1) Stamp the word SALVAGE oa the
- ..5-...;
tion and Increased Cost of Construc- merchandise or its containers if the
tion) stamp will not physically damage the
merchandise; or
The following applies despite the opera- (2) Remove the brands or labels, if
tion of the Ordinance or Law Exclusion.
--- doing so will not physically damage
= If an "accident" to an "object" damages a the merchandise. You must rr;iaael
building that is Covered Property, we will the merchandise or its container to
pay: comply with the law.
(1) For loss or damage caused by enfor- We will pay for any reduction in va1'6 of
cement of any ordinance or law that: the salvage merchandise resut nr, turn
r
(a) Requires the demolition of parts of either of these two actions.
ira. the same property not damaged m. Newly Acquired Locations
by the "accident";
ry -- You may extend the insurance pruvded
- _ (b) Regulates the construction or by this Coverage Part to a newly ac-
repair of buildings, or establishes quired location that you have I+urG! aged
"_ zoning or land use requirements or leased. This automatic envarage
at the described premises; and begins at the time you acouiro the
(c) Is in force at the time of the "acci- property and is subject to the toile)wing
dent." conditions:
(2) The increased cost to repair, rebuild (1) You agree to pay ar, a+'ci+icnal
or construct the property caused by premium as determined ;iv us Such
BM T1 50 01 93 Fans 3 O, 15
BOILER AND MACHINERY
additional premium will be computed b. Nuclear Hazard
from the date of acquisition. Loss caused by or resulting from nuclear
(2) Insurance under this Coverage Ex- reaction or radiation, or radioactive con-
tension for each newly acquired tamination, however caused.
location will end when any of the fol- c. War and Military Action
lowing first occurs: (1) War, including undeclared or civil
(a) This Policy expires; war;
(b)The number of days specified in (2) Warlike action by a military force, in-
the Declarations for this coverage cluding action in hindering or
expire after you acquire the loca- defending against an actual or ex-
tion; pected attack, by any government,
(c) You report the location to us; or sovereign or other authority using
(d)The location is more specifically military personnel or other agents; or
insured. (3) Insurrection, rebellion, revolution, u-
surped power or action taken by
(3) Insurance under this Coverage Partgovernmental authority in hindering
for such locations will subject to or defending against any of these.
the same conditions, exclusions and
limitations as other insured locations. d. Earth Movement
If deductibles vary by location, the Earth movement, including but not
highest deductibles will apply. limited to earthquake, mine subsidence,
n. Error in Description landslide, mudslide or volcanic eruption.
We will pay your loss covered by this 2. We will not pay for loss or damage caused
Coverage Part if such loss is otherwise by or resulting from any of the following:
not payable solely because of any unin- a. An explosion. However, we will pay for fir-
tentional error or omission in the descrip- loss caused by or resulting from an ex-
tion of a location as Insured under this plosion of an "object" of a kind described
Coverage Part. below:
You agree to give us prompt notice of Explosion of any:
any correction or addition to the descrip-
tion of a location insured under this
Coverage Part. (2) Electric steam generator;
B. EXCLUSIONS (3) Steam piping;
1. We will not pay for loss or damage caused (4) Steam turbine;
directly or indirectly by any of the following. (5) Steam engine;
Such loss or damage is excluded regardless (6) Gas turbine; or
of any other cause or event that contributes
concurrently or in any sequence to the loss. (7) Moving or rotating machinery Nnen
a. Ordinance or Law such explosion is caused by centri-
fugal force or mechanical break-
Any increase in loss caused by or result- down;
ing from enforcement of any ordinance, b. Fire or explosion that occurs al the same
law, regulation, rule or ruling regulating time as an "accident" or that ensues from
or restricting repair, replacement, alters- an "accident." With respect to any eiectri-
tion, use, operation, construction or in- cal equipment forming a part n: an "ob-
stallation, except as provided under the ject,"this exclusion is changed to react
Coverage Extensions—Ordinance or Law
(Including Demolition and Increased Fire or explosion outside the "object"that
Cost of Construction) and Hazardous occurs at the same time as an 'ac:ic+ent"
Substances. or ensues from an "accident."
c. Explosion of gas or unconsi!mna fuel
Page4of15 BM T1 ill S193
BOILER AND MACHTIkRY
within the furnace of any boiler or fired a. The interruption of business that wouid
vessel or within the gas passages from not or could not have been carried on if
that furnace to the atmosphere; the"accident" had not occurred;
d. An "accident" that is the direct or indirect b. Your failure to use due diligence ar'd dis-
result of an explosion or fire; patch and all reasonable means to
e. An "accident" that is the direct or indirect resume business at the descr1Led
result of the following, if such loss is premises;
covered by another policy of insurance c. That part of any loss or expense tnat is
in force at the time of the loss: due solely to the suspension, lapse or
(1) Lightning; cancellation of a contract following an
"accident" extending beyond the time
(2) Wind, Hail, Weight of Snow, Ice or
business could have resumed if the con-
Sleet, Riot, Civil Commotion, Van- tract had not lapsed, been suspended or
dalism, Vehicles, Falling Objects, Air- cancelled;
craft, Smoke, Collapse, Water
Damage, Rising Water or Flood; d. Delay in rebuilding, repairing or repl,ic•
ing the property or resuming operations
(3) Freeze arising from weather condi- due to interference at the location of the
tions; rebuilding, repair or replacement by
f. Water or other means used to extinguish strikers or other persons;
a fire, even when such an attempt is un- e. Delay in resuming operations due to the
successful; need to reconstruct or reinput data cr
g. Lack of power, light, heat, steam or programs on "media"; or
refrigeration, except as provided in the f. Any continuing loss extending beyond
Coverage Extensions—Business Income, the date the damaged property is
Extra Expense, Off Premises Service In- repaired or replaced, except as provited
terruption and Spoilage; in the Coverage Extension—Extentted
h. Damage to property contaminated by Business Income.
Ammonia, except as provided in the 4. With respect to the Coverage Extension—
Coverage Extension—Ammonia Contam- Spoilage, we will not pay for loss or damage
ination; as a result of your failure to use all
i. Damage to property by water as a result reasonable means to protect the perishaoie
R of an "accident" to an an "object" that is goods from damage following an "accident."
part of an air conditioning system, ex- 5. With respect to the Coverage Extension—Off
cept as provided in the Coverage Exten- Premises Service Interruption, we will rot
sion—Water Damage; pay for loss caused by or resulting from:
j. Loss to "media," however caused, except a. An "accident" caused by Lightning, Ward,
as provided in the Coverage Extension— Hail, Weight of Snow, Ice or Sleet, Piot,
"Media"; Civil Commotion, Vandalism, Vehiolas,
k. Any of the following tests: Falling Objects, Aircraft, Smoke Cot.
(1) A hydrostatic, pneumatic or gas lapse, Water Damage, Rising Water or
pressure test of any boiler, fired ves- Flood;
sel or electrical steam generator; or b. Any interruption of service lasting Less
(2) An insulation breakdown test of any than 8 hours; or
type of electrical or electronic "ob- c. A deliberate act or acts by a suop'ying
.- ject." utility to shed load to maintain Sys*em
3. With respect to the Coverage Extensions— integrity.
Business Income, Extra Expense and Off C. LIMITS OF INSURANCE
Premises Service Interruption, we will not Any payment made under this Coverage Part *Ili
pay for: not be increased if more than one insured is
BMT1500193 Page 5rn15
BOILER AND MACHINERY
shown in the Declarations. shown in the Declarations, we will nut be li-
able for any loss of"business income" occur-
1. Limit Per Accident ring during the specified number of hours
The most we will pay for loss and expense immediately following the "accident."
arising from any "one accident" is the If a Business Income dollar deductible is
amount shown as the Limit Per Accident in shown in the Declarations, we will first sub-
the ragesrunder This Coveragelim applies to all tract that amount from the amount of "bi:si-
ing Coverage ove under this i n . However,Part,costs wenclud- ness income" we would otherwise pay arising
inc rderExtensions. and Supplemental we from any "one accident." We will then pay the
incur Payments ser ove Defense and ucethe
amount of loss or expense in excess cf the
b coverage shall not reduce the Deductible, up to the applicable Limit of available Limit Per Accident. In-
surance shown in the Declarations.
2. Coverage Extension Limits If the Business Income dollar deductible is
The limit of your insurance under each of the expressed as a number times ADV, that
Coverage Extensions from loss or expense amount will be calculated as follows:
arising from any "one accident" is the The ADV will be the "business income"
amount shown in the Declarations for that for the entire location that would have
Coverage Extension. If an amount of time is been earned had no "accident" occurred
shown, coverage under that Coverage Exten- during the period of interruption of busl-
sion will continue for that amount of time im- dur dthe p byio the number of working
mediately following the "accident." days in that period. No reduction shall
If two or more limits apply to the same por- be made for the "business income" not
tion of a loss, we will only pay the smaller being earned, or in the number of work-
limit. ing days, because of the "accident' or
D. DEDUCTIBLE any other scheduled or unscheduled
shutdowns during the period of interr ip- -4r,
Unless otherwise indicated in the Declarations, tion.
these deductibles apply separately for each ap-
coverage. The number indicated in the Declaralons
will be multiplied by the ADV as deter-
1. Damage to Covered Property mined above. The result will be usea as a
We will not pay for loss or damage resulting Business Income dollar deductible
from any "one accident' until the amount of EXAMPLE
loss or damage exceeds the Damage to
Covered Property Deductible shown in the Business is interrupted for 10 days. If there
Declarations. We will then pay the amount of had
bee for nno
t 10 days d
"accident,"
accehe total
"business
been in
loss or damage in excess of the Damage to
Covered Property Deductible, up to the ap- $5,000.
The Business Income Deductible is 3
plicable Limit of Insurance shown in the Dec-
ADV.
larations, $5,000/ 10 = $500 ADV
This Deductible applies to all coverages, in- 3 X $500 = $1,500 Business Income Deduct-
cluding Coverage Extensions, except as ible
otherwise specified in the Deductible provi- 3. Extra Expense
sions for Business Income, Extra Expense, If an Extra Expense dollar dad;ictl!ila is
Spoilage and Off Premises Service Interrup- shown in the Declarations, we will first sub-
tion. tract that amount from the amount of loss or
2. Business Income expense we would otherwise pay with retard
The Business Income Deductible applies to to insurance under the Coverage Exten-
any loss of "business income," except as sion—Extra Expense arising from any 'one
provided in the Coverage Extension—Off accident." We will then pay the wniount of
Premises Service Interruption. loss or expense in excess of the '_lord Ex-
If a Business Income hour deductible is
pense Deductible, up to the apphuaoie '-imit
BM '71 5C U r 93
Page 6 of 15
BOILER AND MACHINERY
of Insurance shown in the Declarations. Extension—Ammonia Contamination, we will
If an Extra Expense dollar deductible is ex- not pay for loss or damage resulting from
pressed as a number times ADV, that any "one accident" until the amount of loss or
amount will be calculated as described in damage exceeds the Ammonia Contamina-
D.2. above. tion Deductible shown in the Declarations.
We will then pay the amount of loss or
If an Extra Expense hour deductible is shown damage in excess of the Ammonia Con-
in the Declarations, we will not be liable for tamination Deductible, up to the applicable
any loss or expense with regard to insurance Limit of Insurance shown in the Declarations.
under the Coverage Extension—Extra Ex- If an Ammonia Contamination Deductible is
pense occurring during the specified number
of hours immediately following the "acci- expressed as a percentage of Loss, we will
dent." not be liable for the indicated percentage of
the loss or damage insured under the
4. Spoilage Coverage Extension—Ammonia Contamina-
With regard to insurance under the Coverage tion. If the dollar amount of such percentage
Extension—Spoilage, we will not pay for loss is less than the indicated Minimum Deduct
or damage resulting from any "one accident" ible, the Minimum Deductible will be 'he Am-
until the amount of loss or damage exceeds monia Contamination Deductible.
the Spoilage Deductible shown in the Decla- E. LOSS CONDITIONS
rations. We will then pay the amount of loss
or damage in excess of the Spoilage Deduct- The following conditions apply in addition to the
ible, up to the applicable Limit of Insurance Common Policy Conditions:
shown in the Declarations. 1. Abandonment
5. Off Premises Service Interruption There can be no abandonment 3 any
If an Off Premises Service Interruption dollar property to us.
deductible is shown in the Declarations, we 2. Appraisal
will first subtract that amount from the If we and you disagree on the wJua o' the
amount of loss or expense we would other- property, the amount of "business income" or
wise pay with regard to insurance under the the amount of loss, either may make wri ten
Coverage Extension—Off Premises Service demand for an appraisal of the loss. in this
Interruption arising from any "one accident." event, each party will select a competent and
We will then pay the amount of loss or ex- impartial appraiser. The two app aisFrs will
pense in excess of the Off Premises Service select an umpire. If they cannot agree, 9itner
Interruption Deductible, up to the applicable may request that selection be mane vv a
Limit of Insurance shown in the Declarations, judge of a court having jurisdiction+. The ap-
._ If an Off Premises Service Interruption dollar praisers will state separately the valor of Me
deductible is expressed as a number times property, the amount of"business inco.r a" or
ADV. that amount will be calculated as amount of loss. If they fall to agree, they will
described in D.2. above. submit their differences to the umpire. A
If an Off Premises Service Interruption hour decision agreed to by any two will he bir.d•
deductible is shown in the Declarations, we ing. Each party will:
will r,ot be liable for any loss or expense with a. Pay its chosen appraiser; and
regard to insurance under the Coverage Ex- b. Bear the other expenses of the :f prelsal
tension—Off Premises Service Interruption and umpire equally.
'— occurring during the specified number of
hours immediately following the "accident." If there is an appraisal, we will still ,Erai , our
right to deny the claim.
Exc!us'on B.5.b. applies without regard to
the Off Premises Service Interruption Deduct- 3. Duties In the Event of Loss or Dart,ege
ible. You must see that the following are done in
6. Ammonia Contamination the event of loss or damage:
With regard to insurance under the Coverage a. Give us prompt notice of the loss or
BM T1 50 01 93 Page i of 15
BOILER AND MACHINERY
damage. Include a description of the a. Resuming business, partially or oom-
property involved; pletely;
b. As soon as possible, give us a descrip- b. Using merchandise or other pr»erty
tion of how, when and where the loss or available to you; or
damage occurred; c. Using the property or services of others.
c. Allow us a reasonable time and oppor- 5. Loss Payment
tunity to examine the property and prem- a. In the event of loss or damage covered
ises before repairs are undertaken or by this Coverage Form, at our option, we
physical evidence of the "accident" is re- will either:
moved. But you must take whatever
measures are necessary for protection (1) Pay the value of lost or damaged
from further damage; property;
d. Permit us to inspect the property and (2) Pay the cost of repairing or replacing
records. Also permit us to take samples the lost or damaged property;
of damaged and undamaged property (3) Take all or any part of the property at
for inspection, testing and analysis. an agreed or appraised value: o,
e. If requested, permit us to question you (4) Repair, rebuild, or replace the
under oath, at such times as may be property with other property of Joke
reasonably required about any matter kind and quality.
relating to this insurance or your claim b. We will give notice of our intentions
including your books and records. In within 30 days after we receive the proof
such event, your answers must be of loss.
signed;
c. We will not pay you more than ,,cuur
f. Send us a signed, sworn statement financial interest in the Covered Proper-
loss containing the information we re-e-
quest to settle the claim. You must do ty. 441
this within 60 days after our request; d. We may adjust losses with the owners of
lost or damaged property if other 'Han
g. Cooperate with us in the investigation you. If we pay the owners, such and settlement of the claim; pay-
ments will satisfy your claims against us
h. Promptly send us any legal papers or for the owner's property. We will not pay
notices received concerning the loss or the owners more than their financial :n-
damage; and terest in the Covered Property.
i. Make no statement that will assume any e. We will pay for covered loss or damage
obligation or admit any liability, for any within 30 days after we receive the s'niorn
loss or damage for which we may be proof of loss, if:
liable, without our consent. (1) You have complied with all of the
We may examine any insured under oath, terms of this Coverage Part; and
while not in the presence of any other in- (2) We have reached agreement with
sured and at such times as may be you on the amount of loss or an with
reasonably required, about any matter relat- praisal award has been ma a and
ing to this insurance or the claim, Including we have not denied the claim.
an Insured's books and records. In the event
of an examination, an insured's answers 6. Valuation
must be signed. a. We will pay you the amount you spend
4. Reducing Your Loss to repair or replace Covered Fruperty
directly damaged by an "accident" t, an
With respect , Coverage Expense,
Off
Premises s "object." Our payment will be the sr-ilest
Hess Income, Extra Expense, Off of:
Service Interruption and Spoilage, you must
reduce your loss, if possible, by: (1) The cost to repair the damaged
property;
Page 8 of 15 BM 11 50 )1 93
BOILER AND M,=C'?'NERY
(2) The cost to replace the damaged otherwise would have Ilan,
property; or 8. "Media"Valuation
(3) The amount you actually spend that With regard to insurance under the Coverage
is necessary to repair or replace the Extension-"Media," we will pay for "media"
damaged property. on the following basis:
b. If the cost of repairing or replacing a part a. For "media" that are mass-produced and
of an "object" is greater than: commercially available, at the replace-
(1) The cost of repairing the entire "ob- ment cost.
ject"; or b. For all other"media," at the cost of:
(2) The cost of replacing the entire "ob- (1) Blank material for reproducing the
ject"; records; and
We will pay only the smallest amount. (2) Labor to transcribe or copy the
c. If an "object" cannot be repaired or the records when there is a duplicate.
cost of repairing is more than the cost to 9, Business Income Report of Values
replace, and the damage to the "object"
equals or exceeds 100% of the actual You must report to us each year the "busi-
cash value of the "object," you may ness income annual value" for all locations to
choose to apply the following provision. which the Coverage Extension-Business In-
come applies.
New Generation Coverage-If you want
to replace a damaged "object" with a 10. Business Income Coinsurance
newer generation "object" of the same We will not pay the full amount of any "busi-
capacity, we will pay up to 25% more ness income" loss if the "business income
than an "object" of like kind, quality and actual annual value" is greater than the"busi-
capacity would have cost at the time of ness income estimated annual value" shown
the"accident." in your latest report. Instead, we will deter-
d. Except for New Generation Coverage, mine the most we will pay using the following
you must pay the extra cost of replacing steps:
damaged property with property of a a. Divide the "business income estimated
better kind or quality or of a larger annual value" last reported to us by the
K== capacity. "business income actual annual value" at
e. We will not pay you if the loss or damage the time of the "accident";
is to property that is obsolete or useless b. Multiply the total amount of the covered
to you. loss of "business income" by the figure
^.-= f. If you do not repair or replace the dam- determined in paragraph a. above;
- -
- aged property within 18 months after the c. Subtract the applicable Deductible from
date of the "accident," then we will pay the amount determined in paragraph h.
only the smaller of the: above;
(1) Cost it would have taken to repair; or The resulting amount, or the the Business
(2) Actual cash value; Income Limit, whichever is less, is the most
at the time of the "accident." we will pay. We will not pay for the remainder
of the loss.
7. Spoilage Coverage Valuation This provision applies seoarately to ee:r in-
With regard to insurance under the Coverage sured location.
srux
na Extension—Spoilage, we will pay for perish- EXAMPLE 1 (Underinsurance)
—' able goods on the basis of:
When:
a. The selling price at the time of the "acci-
dent" as if no loss or damage had oc- The "business income actual annual value' at
curved; and the location of loss at the time of VII "arrci-
dent" is $400,000.
b. Less any discounts and expenses you
BM T1 50 01 9S °ag 3 9 of 15
BOILER AND MACHINERY
The "business income estimated annual Policy, and there is a disagreement be-
value" in your latest report for the location of tween the insurers with respect to:
loss is $200,000. (1) Whether such damage or destruction
The actual loss of "business income" result- was caused by an "accident" insured
ing from the"accident" is $80,000. against by this Coverage Part or by a
The Business Income Limit is $1,000,000. peril insured against by such Corn-
The Business Income Deductible is $5,000. mercial Property Policy(ies) or
Step 1: $200,000 / $400,000 = .5 Coverage Part(s); or
Step 2: $80,000 x .5 = $40,000 (2) The extent of participation of this
Step 3: $40,000 - $5,000 = $35,000 Coverage Part and of such Commer-
The total "business income" loss recovery, cial Property Policy(ies) or Coverage
after deductible, would be $35,000. For the Part(s) in a loss which is insured
remainder, you will either have to rely on against, partially or wholly, by any or
other insurance or absorb the loss yourself. all of said Policies or Coverage Parts.
EXAMPLE 2 (Adequate insurance) b. We shall, upon written request from you,
pay to you one-half of the amount of the
When: loss which is in disagreement, but in no
The "business income actual annual value" at event more than we would have paid if
the location of loss at the time of the "acci- there had been no Commercial Property
dent" is $400,000. Policy(les) or Coverage Part(s) in effect,
The "business income estimated annual subject to the following conditions:
value" in your latest report for the location of (1) The amount of the loss which is in
loss is $400,000. disagreement, after making provi-
The actual loss of "business income" result- sions for any undisputed claims pay-
ing from the"accident" is $80,000. able under the Policies or Coverage ,,.r
The Business Income Limit is $1,000,000. Parts and after the amount of the
The Business Income Deductible is $5,000. loss is agreed upon by you, us, and aryl
the provider of Commercial Prcparty
Step 1: $400,000 / $400,000 = 1 insurance, is limited to the minimum
Step 2: $80,000 x 1 = $80,000 amount remaining payable under
Step 3: $80,000 - $5,000 = $75,000 either this Coverage Part or the eroin-
The total "business income" loss recovery, mercial Property Policy(ies) or
after deductible, would be $75,000. Coverage Part(s);
11. Conditional Suspension of Coinsurance (2) The Commercial Property insure:(s)
The Business Income Coinsurance provision shall simultaneously pay to ylii one-
is suspended ifwe have received from you a half of the amount which is is dis-
Business Income Report of Values as follows: agreement;
a. The report must provide a "business in- (3) The payments by us and the Com-
come estimated annual value" for the mercial Property Insurer(s) rere-
location or locations affected by the "ac- under and acceptance of these sums
cident"; and by you signify the agreement of us
and the agreement of us and the
b. The "business income estimated annual commercial property with arbitration
value" must apply to an annual period within 90 days of such payment;
ending no later than 90 days before the
date of the"accident." The arbitrators shall be three !❑ r.um-
ber, one of whom shall be appointed
12. Joint Loss by us and one of whom shall he ap-
a. In the event of loss or damage insured pointed by the commercial property
under this Coverage Part and also under insurer(s) and the third appoin?ed by
a Commercial Property Policy(ies) or consent of the other two, and the
Coverage Part(s) that is not part of this decision by the arbitrators shall be
Page 10of15 BMT1500193
BOILER AND MACH,NifY
binding on us and the Commercial 3. Legal Action Against Us
Property insurer(s) and that judg- No one may bring a legal action egai ist us
ment upon such award may be under this Policy unless:
entered in any court of competent
jurisdiction: a. There has been full compliance wan all
the terms of this Policy; and
(4) You agree to cooperate in connec-
tion with such arbitration but not to b. The action is brought within two re rs
intervene therein; and one day next after the date of fhe
"accident; or
(5) The provisions of this condition shall
not apply unless such other Poi- c. We agree in writing that you have an
icy(ies) or Coverage Part(s) issued obligation to pay for damage to Covered
by the Commercial Property in- Property of others or until the arnou It of
surer(s) is similarly endorsed; and that obligation has been determma1 by
final judgment or arbitration award. No
(6) Acceptance by you of any payment one has the right under this Policy to
pursuant to the provisions of this bring us into an action to determine your
condition, including any arbitration liability.
award, shall not operate to alter,
waive or surrender or in any way af- 4. Adjustment of Premium
fect the rights you have against us or a. The premium charged at the inception of
the commercial property insurer(s). each policy year is an advance premium.
F. ADDITIONAL CONDITIONS We will determine an adjusted premium
for this insurance based on your reports
The following conditions apply in addition to the of value.
Common Policy Conditions:
b. If the adjusted premium is less than the
1. Canr:eUation advance premium, we will retL.m the ex-
1 As respects this Coverage Part, part 2 of the cess premium to you. Such ex.ess
"Cancellation" Condition of this Policy is re- premium will not exceed 75% of the ad-
placed by the following: vance premium.
We may cancel this Coverage Part by mail- c. If the adjusted premium is greater Man
ing or delivering to the first Named Insured the advance premium, we will charge the
„ written notice of cancellation at least: additional premium.
— a. 10 days before the effective date of can- 5. Liberalization
cellation if we cancel for nonpayment of"mate If we adopt any revision that would broaden
premium; or the coverage under this Coverage Part
b. The number of days indicated in the without additional premium within 45 days
Declarations for Notice of Cancellation prior to or during the policy period, the
,.a, before the effective date of cancellation broadened coverage will immediately apply
for any other reason. to this Coverage Part.
2. Concealment, Misrepresentation or Fraud 6. Other Insurance
This Coverage Part is void in any case of (a) You may have other insurance subjee rn
°_ fraud by you relating to it. It is also void if the same plan, terms, conditions and
you of any other Named Insured at any time provisions as the insurance under this
intentionally conceal or misrepresent a Coverage Part. If you do, we will pay our
:=.., material fact concerning: share of the covered loss or damage.
(1) Th°s Coverage Part; Our share is the proportion that the p-
-- 'tit
(2) 'he Covered Property; bear to the Limits of Insurance or n!' ii-
(3) Your interest in the Covered Property; or surance covering on the same basis
(4) A claim under this Coverage Part. (b) If there is other insurance covering the
same loss or damage, other than that
BM T1 50 01 93 Page i i o, 15
BOILER AND MACHINERY
described in (a) above, we will pay only 10. Bankruptcy
the amount of covered loss or damaged The bankruptcy or Insolvency of you or your
in excess of the amount due from that estate will not relieve us of any obligation
other insurance, whether you can collect under this Coverage Part.
on it or not. 11. Suspension
In no case will we pay more than the ap-
plicable limits. Whenever an "object' is found to he in, or
exposed to, a dangerous condition, any of
7. Policy Period, Coverage Territory our representatives may immediately s is-
Under this Coverage Part: pend the insurance against loss from an "ac-
s. The"accident" must occur: cident" to that "object." This can be done by
delivering or mailing a written notice of
(1) During the Policy Period shown in
suspension to:
the Declarations; and
a. Your last known address; or
(2) Within the Coverage Territory.
b. The address where the "object" is lo-
b. The Coverage Territory is: cated.
(1) The United States of America (includ- Once suspended in this way, your insvraiice
ing its territories and possessions); can be reinstated only by an endorsement
(2) Puerto Rico; and for that"object."
(3) Canada. 12. Mortgage Holders
8. Transfer of Rights of Recovery Against a. The term mortgage holder includes 'tits-
Others to Us tee.
If any person or organization to or for whom b. We will pay for direct damage to Covered
we make payment under this Coverage Part Property due to an "accident" to an "ob-
has rights to recover damages from another, ject" to each mortgage holder stiov in in ^,,
those rights are transferred to us to the ex- the Declarations in their order of prece dej
-
tent of our payment. That person or organi- dence, as interests may appear
zation must do everything necessary to c. The mortgage holder has the right to re-
secure our rights and must do nothing after ceive loss payment even if the mortgage
loss to impair them. But you may waive your holder has started foreclosure ur similar
rights against another party in writing: action on the Covered Property.
a. Prior to a loss to your Covered Property. d. If we deny your claim because of your
b. After a loss to your Covered Property acts or because you have failed to comp-
only if, at time of loss, that party is one of ly with the terms of this Coverage l'art,
the following: the mortgage holder will still have the
(1) Someone Insured by this insurance; right to receive loss payment if the
mortgage holder:
(2) A business firm:
(a) Owned or controlled by you; or (1) Pays any premium due under this
Coverage Part at our request if you
(b)That owns or controls you; or have failed to do so;
(3) Your tenant. (2) Submits a signed, sworn proof of
This will not restrict your insurance. loss within 60 days after rece:wing
9. Additional Insured notice from us of your failure. 'o do
so; and
If a person or organization is designated in (3) Has notified us of any cha,iye in
this Coverage Part as an additional insured, ownership or occupancy or subs*an-
we will consider them to be an insured under tial change in risk known to the
this Coverage Part only to the extent of their mortgage holder.
interest.
All of the terms of this Coverage Pert will
Page 12 of 15 BM T1 50 01 93
BOILER AND MAtrih'IEEY
then apply directly to the mortgage 2. "Business Income" means the sum or:
holder. a. The Net Income (net profit or loss before
e. If we pay the mortgage holder for any income taxes) that would have been
loss and deny payment to you because earned or incurred; and
of your acts or because you have failed b. Continuing normal operating expenses
to comply with the terms of this incurred, including payroll.
Coverage Part:
(1) The mortgage holder's right under 3. "Business Income Actual Annual Value"
the mortgage will be transferred to us means the "business income' for the current
fiscal year that would have been earned had
to the extent of the amount we pay; no "accident' occurred.
and
(2) The mortgage holder's right to In calculating the "business income actual
annual value," we will take into account the
recover the full amount of the mort- actual experience of your business before
gage holder's claim will not be im- the 'accident' and the probable experience
paired. you would have had without the "accident."
At our option, we may pay to the mort- 4. "Business Income Estimated Annual
gage holder the whole principal on the Value" means the "business income" as es-
mortgage plus any accrued interest. In timated by you in the most recent Business
this event, your mortgage and note will Income Report of Values we have on file.
be transferred to us and you will pay
your remaining mortgage debt to us. 5. "Extra Expense" means:
f. If we cancel this policy, we will give writ- The additional cost you incur to operate your
ten notice to the mortgage holder at business during the interruption over and
least: above the cost that normally would have
(1) 10 days before the effective date of been incurred to operate the business during
C the same period had no "accident" occurred.
cancellation if we cancel for your
nonpayment of premium; or 6. "Media" means all forms of electronic and
before the effective date of magnetic tapes and discs, converted data,
(2) 30 days y program or instruction for use in any elec-
cancellation if we cancel for any tronic computer or electronic data process-
other reason. ing equipment.
g. If we elect not to renew this policy, we 7, "Object" means:
will give written notice to the mortgage
holder at least 10 days before the expira- a. Any of the following, unless otherwise e
tion date of this policy. eluded:
G. DEFINITIONS (1) Boller, fired vessel, unfired vessel
1. "Accident" means a sudden and accidental normally pressure subject other vacuumwe htor inter-
N=
breakdown of the "object' or part of the "ob- nal than we uht or =.n-
ect." At the time the breakdown occurs, it contents, refrigerating and ai. con-
= 1 ditioning vessels, and any mall
_= must become apparent by physical damage piping and its accessory eq aipmer t;
that requires repair or replacement of the
0 "object" or part of the "object." (2) Mechanical or electrical macnine or
_= apparatus used for the generat`'on,
= None of the following is an "accident": transmission or utilization or each-
a. Depletion, deterioration, corrosion, ero- anical or electrical power
slon, or wear and tear, unless a sudden (3) Any of the following vessa,r lis!nd
-- and accidental breakdown ensues; below are included within the pro-
b. The breakdown of any structure or foun- visions of this section when lied
dation; or with an "object":
c. The functioning of any safety or protec- (a) Condensate return tank;
tive device.
3M T1 50 01 93 Page 13 or 15
BOILER AND MACHINERY
(b) Cushion or expansion tank used (13) Machine or apparatus that is used
with a hot water heating boiler. for research, medical, diagnostic,
(4) Fiber optic cable. surgical, dental or pathological „ur-
poses;
b. "Object" does not mean any: (14) Felt, wire, screen, die, extrusion
(1) Part of a boiler, fired vessel or elec- plate, swing hammer, grinding dist,
tric steam generator that does not cutting blade, cable, chain, belt,
contain steam or water; rope, clutch plate, brake pad, non-
(2) Insulating or refractory material; metallic part or any part or tool sub-
ject to frequent, periodic replace-
(3) Non-metallic vessel, unless it is con- ment;
strutted and used in accordance
with the American Society of Mech- (15) "Object" manufactured by you for
anical Engineers Code; (A.S.M.E.) sale.
(4) Catalyst; c. For any boiler or fired vessel, the furnace
(5) Buried vessel or piping; of the "object" and the gas passages
from there to the atmosphere will be
(6) Sewer piping, piping forming a part considered as outside the "object."
of a fire protection system or water d. When a vessel uses a heat transfer
piping other than: medium other than water or steam, we
(a) Feed water piping between any will consider the medium or its vapor as
boiler and its feed pump or injec- substitutes for the words-water or steam.
tor; or e. For any gas turbine, "accident" does not
(b) Boiler condensate return piping; include the cracking of any part of the
or object exposed to the products of corn-
(c) Water piping forming a part of bustion. -
refrigerating and air conditioning f. If Production Machines are shown as Ex 44,
-
vessels and piping used for cool- eluded in the Declarations, "object di'es
ing, humidifying or space heating not mean any production or process
purposes; machine or apparatus that process' s,
(7) Part of a vessel that is not under; forms, cuts, shapes, grinds, or conveys
(a) Pressure of the contents of the raw materials, materials in process or
vessel; or finished products. But "object" does
mean any:
(b) Internal vacuum; (1) Pressure vessel or vacuum vessel,
(8) Oven, stove, furnace, incinerator, pot described in Paragraph a. above,
or kiln; other than any cylinder containing a
(9) Structure, foundation, cabinet or movable plunger or piston;
compartment containing the object; (2) Pump, compressor, fan, or blower
(10) Power shovel, dragline, excavator, that conveys raw materials, materials
vehicle, aircraft, floating vessel or in process or finished products;
structure, penstock, draft tube or (3) Separate enclosed gear set ,:cn-
well-casing; netted by a coupling, clutch or Felt;
(11) Conveyor, crane, elevator, escalator or
or hoist, but not excluding any (4) Separate driving electrical or me:h
electrical machine or electrical ap- anical machine connected by a :r,u-
paratus mounted on or used with piing clutch or belt.
this equipment; 8. "One Accident" means:
(12) "Media" used with any electronic If an initial "accident" causes other "ac:Ci-
computer or electronic data process- dents," all will be considered "one acci in."ing equipment;
Page 14 of 15 BM T1 5u 61 93
BOILER AND MACH NSRY
All "accidents" at any one location that ages are claimed and to which you must
manifest themselves at the same time and submit or do submit with our consent, or
are the result of the same cause will be con- b. Any other alternative dispute resolution
sidered "one accident." proceeding in which damages a'e
9. "Suit" means a civil proceeding to which this claimed and to which you submit with
insurance applies and includes: our consent.
a. An arbitration proceeding in which dam-
C
cnna
BM T1 50 01 93 Page 15 of 15
GENERAL PURPOSE ENDORSEMENT POLICY NUMBER: M5J-660-920J5922-TIL-93
BOILER AND MACHINERY
THE FULL AND COMPLETE NAME OF INSURED IS AS FOLLOWS:
COLORADO COUNTIES CASUALTY AND PROPERTY POOL, ETAL
ADDITIONAL NAMED INSUREDS
ALAMOSA COUNTY LA PLATA COUNTY
ARCHULETTA COUNTY LAKE COUNTY
BACA COUNTY LAS ANIMAS COUNTY
BENT COUNTY LINCOLN COUNTY
CHAFFEE COUNTY LOGAN COUNTY
CHEYENNE COUNTY MINERAL COUNTY
CLEAR CREEK COUNTY MONTROSE COUNTY
CONEJOS COUNTY MORGAN COUNTY
COSTILLA COUNTY OTERO COUNTY
CROWLEY COUNTY OURAY COUNTY
DELTA COUNTY PARK COUNTY
DOLORES COUNTY PHILLIPS COUNTY
DOUGLAS COUNTY PITKIN COUNTY
EAGLE COUNTY PROWERS COUNTY
ELBERT COUNTY PUEBLO COUNTY
FREMONT COUNTY RIO BLANCO COUNTY
GARFIELD COUNTY RIO GRANDE COUNTY
GILPIN COUNTY ROUTT COUNTY
GRAND COUNTY SAGUACHE COUNTY
GUNNISON COUNTY SAN JUAN COUNTY
HINSDALE COUNTY SEDGWICK COUNTY
HUERFANO COUNTY SUMMIT COUNTY
JACKSON COUNTY TELLER COUNTY
KIOWA COUNTY WASHINGTON COUNTY
KIT CARSON COUNTY WELD COUNTY
YUMA COUNTY
BM T8 00 07 93 PAGE 01 (END,
BOILER AND MACH.NERY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SPECIAL LOCATION SCHEDULE
The following is being used on this policy instead of a specific schedule of"locations' attached to the policy.
All "locations" owned, operated or under the 1. You must submit an updated list of all "ioca-
care, custody or control of the Named Insured, tions" to be covered under the policy for the
that are located in the continental United States, upcoming policy year; and
Alaska, Hawaii or Puerto Rico, and are on file 2. The "Automatic Coverage" extension ceases
with us, are considered as individually inserted in to apply at any "location" acquired prior to
any "location" entry area of any Declarations or that anniversary date and not on the most
Endorsement, unless specifically changed by current list filed with us.
endorsement.
At each anniversary of the policy:
oiriag
Ta
BM T8 69 04 91 Page 1 of 1
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