HomeMy WebLinkAbout000133.tiff Colorado Counties Casualty and Property Pool
December 26, 1995
TO: CAPP Designated Correspondents
FROM: Louella Casias, Account Executive
RE: CAPP 1995/96 Excess Policy Update
Enclosed you will find the following UPDATES to the CAPP 95/96 excess liability policy:
1. ENDORSEMENT #15
2. PAGES 10 and 11 - REVISED Definition of PERSONAL INJURY
Incorporate these updates into the policy.
Please contact me if you have any questions regarding this mailing.
/lc
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County Technical Servlcas,Inc
133
1177 Grant Street. Suite 200 Denver, Colorado 802031 Phone 303.861.0507 I Fax 303,861.2832
ENDORSEMENT#15
THIS ENDORSEMENT, EFFECTIVE 12:01 A.M. JULY 01, 1995
FORMS A PART OF POLICY NO. CLM 773-90-71
ISSUED TO COLORADO COUNTIES CASUALTY& PROPERTY POOL ET AL
BY AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY
In consideration of the premium charged, it is hereby understood and agreed that except as
respects liability arising out of the operation of any Airport (as defined), this policy is extended to
cover the non-aviation operations of the Yampa Valley Regional Airport.
For any losses covered by this policy and also covered by an Airport Liability policy issued to the
County of Routt, this policy will be excess of the Airport Liability Policy.
For any losses covered by this policy and not covered by an Airport Liability policy issued to the
County of Routt, the Company's liability shall be only for the Ultimate Net Loss in excess of the
Insured's retained limit.
All other terms and conditions of this policy remain unchanged.
Endt. #15 A C� (-4: _9-9
(12/12/95)scm Authorized Representative
CO-ENDT.#16
INSURED'S COPY
(A) Operations in connection with the transportation of property unless the Personal
Injury or Property Damage arises out of a condition in or on a vehicle created by
the loading or unloading thereof;
(B) The existence of tools, uninstalled equipment or abandoned or unused materials.
"Damages" includes Damages for death and for care and loss of services resulting from personal
Injury and Damages for loss of use of property resulting from Property Damage, and damage
resulting from Public Officials Errors and Omissions.
"Defense Costs" means attorney's fees, costs and expenses and other fees, costs and expenses
incurred in connection with the investigation, adjustment, defense and appeal of a claim or suit
covered hereunder. However, "Defense Costs" do not include the office expenses of the
Company or the Insured nor the salaries of employees or officials of the Company's or the
Insured.
"Insured" means any person or organization qualifying as an Insured under the Persons or
Entities Insured section of this policy. The insurance afforded applies separately to each Insured
against whom claim is made or suit is brought.
"Occurrence" means an accident or event, including continuous or repeated exposure to
conditions, which result in Personal Injury, Property Damage, or Public Officials Errors and
Omissions, neither expected nor intended from the standpoint of the Insured. All such exposure
to substantially the same general conditions shall be deemed one "Occurrence."
"Personal Injury" means:
(A) Bodily injury, sickness, disease, disability, shock, mental anguish, humiliation,
mental injury, or death resulting from any of the foregoing;
(B) False arrest, false imprisonment, wrongful detention, malicious prosecution,
violation of civil rights or disparagement of Property;
(C) Wrongful entry into, or eviction of any person from, a room, dwelling, or premises
that a person occupies, or other invasion of the right of private occupancy,
including erroneous service of civil papers
(D) A publication or utterance that slanders or libels a person or organization or
disparages a person's or organization's goods, products, property or services, and
piracy and infringement of copyright or of property;
(E) A publication or utterance that violates a person's right of privacy;
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(F) Wrongful termination or discrimination based upon race, religion, nationality,
national origin, color, creed, sex or age;
(G) Assault and battery, not committed by at the direction of, or with the consent of
the Insured. However, this limitation does not apply i) if committed or directed for
the purpose of protecting persons from injury or death, or property from damage,
or ii)to liability arising out of corporal punishment
except (D) and (E) do not apply to advertising, publishing, broadcasting or
telecasting done by or for the Insured.
"Products Hazard" means Personal Injury and Property Damage arising out of the Insured's
products or reliance upon a representation or warranty with respect thereto, but only if the
Personal Injury or Property Damage occurs away from premises owned by or rented to the
Insured and after physical possession has been relinquished to others.
"Property Damage" means (1) physical injury to or destruction of tangible property which
occurs
during the policy period, including the loss of use thereof at any time resulting therefrom, or(2)
loss of use of tangible property which has not been physically injured or destroyed provided such
loss of use is caused by an Occurrence during the policy period.
"Public Officials Errors and Omissions" means any and all Wrongful Acts by an Insured
arising from negligent action or inaction, mistake, misstatement, error, neglect, in adventure, or
omission by the Insured in the discharge of duties with the Named Insured, except for the
following:
(A) Willful commission of crime or other dishonest, fraudulent or malicious act;
(B) Obtaining financial gain to which the Insured is not legally entitled;
(C) Faulty preparation of maps, plans, reports, surveys, designs, bid
documents, or specifications;but this exclusion does not apply to these services
when provided by an Insured for the Named Insured;
(D) Activities in a fiduciary capacity.
Notwithstanding the above exceptions, errors and omissions shall also mean(1)violations of
antitrust statutes and(2) negligent ministerial acts. Exclusions do not apply to a contingent
liability incurred by the board, relating to the actions of a public official for one of the above
referenced wrongful acts.
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