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THIS DECLARATION PAGE IS ATTACHED TO AND FORMS PART OF COVERNOTE PROVISIONS (FOIRM CN-t)
•M NUMBER IS 3 3030
t.T S7
•
Name of Assured
Weld County, Colorado, including any officer, servant or •
employee of the named insured,any member of the governing
1 body of the named Insured,any member of t'te Board of Com-
missions of named insured.
915 10th Street, Greeley, Colorado 306312
EFFECTIVE ] 12:01 AM BOTH DAYS AT January 1.5, 1983 January 15, 1986
FROM ,0: 12:0Q;•NOON STANDARD TIME TO
I NAME OF INSURERS AMOUNT OWPERCENT
Acting upon your:in.tructiorr, we have
effected the insurance with: . UNDERWRITERS AT LLOYD'S, LONDON, 713.73%
3
•
•
•
AMOUNT COVERAGE RATE PREMIUM
Hereon 78.7396 Part of .100 'b
S 4001000 each and every loss and/or Excess_All_ irks Annual $90:,000A0.
occurrence of Physical Letts- Hereon* $S4.811' ,00.
$ 400,000 in the aggregate annually or Damage, as per
4 in respect of the Assured's forms attached.
retention
EXCESS OF:
100,000 each and every loss and/or occurrence
300,000 in the aggregate annually
AUDIT 1*OTAL CHARGED
SPECIAL CONDITIONS
As per attached forms and endorsements
MMA 1685
5 NMA 172
6 Service of Suit Clause
Lord, Bissell . Brook, 115 South LaSalle Street, Chicago, IL 60603
or Mendes & Mtn nt, 3 Park Avenue, New York, NY 10016
In witness whereof this covernote has been signed_at._-.„..,,•RG ng`MeadoWS,.IL this day of
bale 9pe
JAN 1 6 1984 .11
141
I
GRIi6L6.Yr GGt`0t By
Eason Printing Co.Chicago / /7 F /gy
ENDORSEMENT attaching to and forming part of Policy No. ISL 3030
in the name of Weld County, Colorado, et al
Effective date of this endorsement is January 15, 1983 Endorsement No. 10
In consideration of the premium charged it is hereby understood and agreed
that the following Insuring Agreement J - Faithful Performance is
incorporated in SECTION III - CRIME INSURANCE: -
AGREEMENT J - FAITHFUL PERFORMANCE: Underwriters agree, subject
to the terms and conditions set forth herein, to indemnify the Assured for
loss caused to the Assured through failure of any of the Assured's employees'
as defined, acting alone or in collusion with others, to perform faithfully his
duties or to account properly for all monies and property received by virtue
of his position of employment.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: May 26, 1983 INTERNATIONAL� IA SPECIAL RISK
SERVICES, INC.
By ��� Za- -Cps l� 1st✓ w 1-= T
ENDORSEMENT attaching to and forming part of Policy No. ISL 3030
in the name of Weld County, Colorado, et al
Effective date of this endorsement is January 15, 1983 Endorsement No. 9
It is hereby understood and agreed that coverage under this policy is
extended to include Weld County Housing Authority.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: May 26, 1983 INTERNATIONAL SPECIAL RISK SERVICES, INC.
By C2 &n o- C De &�-�-,-
ENDORSEMENT attaching to and forming part of Policy No. ISL 3030
in the name of Weld County, Colorado, et al
Effective date of this endorsement is January 15, 1983 Endorsement No. 8
INVERSE CONDEMNATION EXCLUSION CLAUSE
This policy does not cover claims for loss or damage or any liability of any and all the
Assureds arising out of or in any way connected with the operation of the principles of
eminent domain, condemnation by whatever name called regardless of whether such
claims are made directly against the Assured or by virtue of any agreement entered into
by or on behalf of the Assured.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: May 26, 1983 INTERNATIONAL SPECIAL RISK SERVICES, INC.
By �� f p✓1 C � C
LW(10)W May 26, 1983
2001/Dec. 82
ENDORSEMENT attaching to and forming part of Policy No. ISL 3030
in the name of Weld County, Colorado, et al
Effective date of this endorsement is January 15, 1983 Endorsement No. 7
INCIDENTAL MALPRACTICE ENDORSEMENT
It is hereby understood and agreed that the definition of Personal Injury is amended to
include injury arising out of the rendering of or failure to render, during the policy period,
the following services:
(A) medical, surgical, dental, x-ray or nursing service or treatment or the furnishing of
food or beverages in connection therewith; or
(B) the furnishing or dispensing of drugs or medical, dental or surgical supplies or
appliances.
This coverage does not apply to:
(1) expenses incurred by the Assured for first-aid to others at the time of an
accident, notwithstanding anything contained herein to the contrary,
(2) any Assured engaged in the business or occupation of providing any of the
services described under (A) and (B) above,
(3) injury caused by any indemnitee if such indemnitee is engaged in the business
or occupation of providing any of the services described under (A) and (B)
above.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: May 26, 1983 INTERNATIONAL SPECIAL RISK SERVICES, INC.
C
gy P\-Ovr n a €1,K4-"�)e-
C.
LW(10)W May 26, 1983
4001/Dec. 82
ENDORSEMENT attaching to and forming part of Policy No. ISL 3030
in the name of Weld County, Colorado, et al
Effective date of this endorsement is January 15, 1983 Endorsement No. 6
In consideration of the premium charged it is hereby understood and agreed effective
inception date hereof that this Policy is extended to afford Uninsured Motorists Liability
coverage in accordance with the standard form(s) in the applicable States) in current use
at the inception date of this Policy. Said coverage shall be for the applicable limits of
liability required by the States) within Underwriters limits of liability stated herein.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: May 26, 1983 INTERNATIONAL SPECIAL RISK SERVICES,/�� INC.
By (,�' e- C DR r.l.4-C.t
LW(10)W May 26, 1983
6001/Dec. 82
ENDORSEMENT attaching to and forming part of Policy No. ISL 3030
in the name of Weld County, Colorado, et al
Effective date of this endorsement is January 15, 1983 Endorsement No. 5
It is hereby understood and agreed that this Policy shall not apply to liability
arising out of Hospital Malpractice.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: May 26, 1983 INTERNATIONAL SPECIAL RISK SERVICES, INC.
By o�- e� C
LW(10)W May 26, 1983
ENDORSEMENT attaching to and forming part of Policy No. ISL 3030
in the name of Weld County, Colorado, et al
Effective date of this endorsement is January 15, 1983 Endorsement No. 4
It is hereby understood and agreed that the following SECTION III
CONDITION 2 (d) is incorporated herein:
It is hereby understood and agreed that within the terrn
"Employees" are various public officials of the city who by law
are required to be separately bonded. It is further agreed that
this Bond shall apply as excess insurance and then only after such
legally required other insurance and the Assured's own retention
hereunder has been exhausted.
Subject otherwise to all terms, clauses and conditions as heretofore.
DATED: May 26, 1983 INTERNATIONAL SPECIAL RISK SERVICES, INC.
By C D°
ENDORSEMENT attaching to and forming part of Policy No. ISL 3030
in the name of Weld County, Colorado, et al
Effective date of this endorsement is January 15, 1983 Endorsement No. 3
It is hereby understood and agreed that the definition of "personal injury" is
amended to include injury arising out of the rendering of or failure to render
incidental emergency professional services by any physician, dentist,
psychologist, audiologist or nurse whilst acting for the named Assured to
provide such services.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: May 26, 1983 INTERNATIONAL� SPECIAL RISK SERVICES, INC.
By cY\-(: C f Z
ENDORSEMENT attaching to and forming part of Policy No. ISL 3030
in the name of Weld County, Colorado, et al
Effective date of this endorsement is January 15, 1983 Endorsement No. 2
IT IS AGREED that the first annual installment premium is $90,000 based on
total values of $28,579,417 and future annual installments will be based on
anniversary date values calculated as follows:
Going In Values
plus (a) Additions
less (b) Deletions
plus (c) the reconstruction cost variation
as provided by Gallagher Bassett
Insurance Service
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: May 26, 1983 INTERNATIONAL SPECIAL RISK SERVICES, INC.
By
C� o� e�� C @n-tc&_f"
ENDORSEMENT attaching to and forming part of Policy No. ISL 3030
in the name of Weld County, Colorado, et al
Effective date of this endorsement is January 15, 1983 Endorsement No. 1
ERRORS AND OMISSIONS
THIS IS A CLAIMS MADE ENDORSEMENT
IT IS AGREED that Section II Agreement C is amended to include the following:
The Underwriters agree, subject to the terms and conditions hereof, to indemnify the
Assured (as herein defined) against any claims or claims made against them individually or
collectively during the period of this Insurance, by reason of a wrongful act, error or
omission, whenever or wherever committed or alleged to have been committed while
acting in their capacity as an official, trustee, director or council member.
IT IS FURTHER agreed:
(1) There shall be no liability hereunder for any claim made against the Assured for any
wrongful act, error or omission committed or alleged to have been committed prior
to January [5, 1980, (hereinafter referred to as the "Retroactive Date").
(2) In the event of non-renewal or termination of this Insurance, then this Insurance
shall extend to apply to claims made against the Assured during the twelve (12)
calendar months following immediately upon such expiration or termination, but
only for wrongful act, error or omission, committed or alleged to have been
committed between the Retroactive Date and such expiration or termination.
For the purposes of this Endorsement the unqualified word "Assured" shall mean the
Assured named in the Declarations and as further defined in General Insurance Agreement
II including all persons who were, now or shall be lawfully elected or lawfully appointed
officials, trustees, directors or council members of the Assured connected entity in the
regular service of the Assured during the existence of this Insurance, and any heir,
executor, administrator, assign or legal representative of said persons in the event of
their death or incapacity.
Underwriters shall not be liable to make payment for loss in connection with any claim
made against the Assured if a judgment or final adjudication in any action brought against
the Assured shall be based on a determination that acts of fraud or dishonesty were
committed by the Assured.
Subject otherwise to all terms, clauses and conditions as heretofore.
Dated: May 26, 1983 INTERNATIONAL SPECIAL RISK SERVICES, INC.
By �-�Y�-Ovr eta C l/� arC.c-Q¢T
LW(10)W May 26, 1983
4000.1/Dec. 82
DATE ISSUED CONTRACT NO. PREVIOUS NO.
r: ay t ; ._,elf ?lop:=1 3!„ , ST'
THIS DECLARATION PACE IS ATTACI4Et3 TO AND FOR3:4S PAR? t4CCTE PROVISIONS (FORM SL/COS/CN)
EM NUMBER IC 0 A 065
•
Name of Assured Weld County, Colorado, including arty officer, !servant or
employee of the named insured, any member of the governing
1 body of the named insured, Inv member of the Board of CoIL1-
missions of named insured.
915 10th Street, sreeley, Colorado g063]
•
EFFECTIVE ] 12:01 A.M. BOTH DAYS AT
2 IarluarV 1 t�R{ 3c1?1ts�Y�, 15, I n �+
FROM ❑ 12:00 NOON STANDARD TIME TO
I NAME OF INSURERS AMOUNT OR PERCENT
Acting upon your instruction.we have .
effected the insurance with: • Excess Ins. Co. Ltd. .?!
• t ritish National Insurance Co. '.tr'. v.21 .;
. Terra \\ova Ins. Co. Ltd. x.11 :",
3 • Yasuda. Fire ..Iarine Ins. Co.
(►J.K.) Ltd. 1.44
•
•
AMOUNT COVERAGE RATE PREMIUM
Hereon: 21.21% Part of 10096 of: 'rnu:,l $9n,n:.I).on
-?erer,n: SF:4, 143.170
:'13.ff+1
Subject to the same forms, terms,
conditions and endorsements as more
4 na.rticularly set forth in Cover
Note No. NI. 3030.
AUDIT TOTAL CHARGED .
SPECIAL CONDITIONS
5
6
Laternational Special Risk Services, Inc.
By
Eason Priming Co Chrrxgo
•
SEQVICE OF SUIT CLAUSE (U.SA.)
(Wines by Unit' Udnwriten' fie ad Nw-Moriae Armocieliea.)
It is agreed that in the event of the failure of Underwriters hereon to pay any amount
will due
jurisdiction of anyters Court of competent
c mpetent jreon. at the urisdiction within uest of the r the Unreinsured),
ted States
&risi will ng l with shall all requirements
termi ineaccordance give
such Court
uaand practice ofurisdiction niuchoCouratllers
It is further agreed that service of process in such suit may be made upon S Salle t , IL orrMendess& MounBt,o3k Park 5Avenue, New 5York,cNYo y0603
10016
anyag ,and
that
final suit eisioon of such Court or any Appellate f them pCourt in n this contract,
of an appeal.
will abide
The above-named are authorized and directed to accept service of process on behalf
pof
written undertaking such suit and/or upon the to a insured (or reinsured) that theyt of twill he center a general Iappearance give a
n
Underwriters' behalf in the event such a suit shall be instituted.
Further, pursuant to any statute of any state, territory or district of the United States
which makes provision therefor, Underwriters hereon hereby designate the Supers don orom-
missioner or Director of Insurance
or ofir errni officerd specified
ci ed for
that
tupon purpose whom i may be served any
lawful his
successor successors ayin office,
lawful processorin any crn, re or r arising proceeding Issf thin ot whom the officer la authorisedrari ).
andy or on behalf of the insured (or
reinsured) or any beneficiary heabove-namedhereunder asUthe per of totoo Path of idinsurance (or hnrnce).
mm�il such D orocess or•t W cpy thereof. the parson
EARON PRINTINGCOMPANY
N.M.A. 772
INDUSTRIES, SEEPAGE, POLLUTION AND CONTAMINATION CLAUSE Na. 3
(Approved by Lloyd's Underwriters' Non-Marina Association)
This Insurance does not cover any liability for:
(1) Personal Injury or Bodily Injury or loss of, damage to, or loss of use of property directly
or indirectly caused by seepage, pollution or contamination, provided always that this
Paragraph (1) shall not apply to liability for Personal Injury or Bodily Injury or loss of or
physical damage to or destruction of tangible property, or loss of use of such property
damaged or destroyed,where such seepage,pollution or contamination is caused by a sudden,
unintended and unexpected happening during the period of this Insurance.
(2) The cost of removing, nullifying or cleaning-up seeping, polluting or contaminating sub-
stances unless the seepage, pollution or contamination is caused by a sudden, unintended
and unexpected happening during the period of this Insurance.
(3) Fines,penalties,punitive or exemplary damages.
This pause shall not extend this Insurance to cover any liability which would not have
been covered under this Insurance had this Clause not been attached.
22/1./70.
N.M,.A. 1685. WON^urea corm
COMBINED PROPERTY, CASUALTY AND CRIME INSURANCE
SECTION I - PROPERTY INSURANCE
Agreement A - Building & Contents
Agreement B - Automobile
SECTION II - CASUALTY INSURANCE
Agreement C - General Liability
Agreement D - Host and/or Liquor Liability
Agreement E - Automobile Liability
Agreement F - Workers' Compensation and/or Employer's Liability
and/or Occupational Disease
SECTION III - CRIME COVERAGE
Agreement G - Money and Securities (within premises)
Agreement H - Money and Securities (outside premises)
Agreement I - Commercial Blanket Bond
DECLARATIONS
ASSURED:
Weld County, Colorado, including any officers, servant or employee
of the named insured, any member of the governing body of the
named insured, any member of the boards of commissions of named
insured.
ADDRESS:
915 10th Street
Greeley, Colorado 80631
LIMITS OF
LIABILITY:
See Part I for Aggregate Agreement;
Part II for Specific Excess Agreement.
PREMIUM:
Annual Premium SEE ENDORSEMENT #2 ATTACHED
TERM OF Effective from January 15, 1983 to January 15, 1986
INSURANCE BOTH DAYS at 12:01 A.M. Standard Time
at Assured's Address shown above.
LW(10)W May 26, 1983
0011/Dec. 82 Page 1
PART I (AGGREGATE AGREEMENT)
LIMITS OF LIABILITY: The Underwriters' Limits of Liability under this Agreement shall
be only for the Excess of Loss over
An aggregate Loss Fund of $300,000, ultimate net loss (hereinafter referred to as
"Assured's Loss Fund"). As respects any one loss and/or occurrence the Assured's
Loss Fund shall not be charged with
1. any amount in excess of $100,000 Ultimate Net Loss as respects any one loss
and/or occurrence under Sections 1, II or III or any combination thereof, or
2. the first $100 of any loss arising under Section I (except Automobile
Comprehensive Perils) and Section III
and then in excess of the above amounts up to $400,000 ultimate net loss in the aggregate
in any one period of insurance in respect of the Assured's Loss Fund.
LOSS FUND ADJUSTMENT: The amount of the Assured's Loss Fund applies to the first
period of insurance of this policy and is subject to review and change for each period of
insurance thereafter.
PART II (SPECIFIC EXCESS AGREEMENT)
LIMITS OF LIABILITY: The Underwriters' Limits of Liability under this Agreement shall
be only for the excess of loss over $100,000 ultimate net loss each and every loss and/or
occurrence up to a further $400,000 ultimate net loss each and every loss and/or
occurrence, under Section I, II or III or any combination thereof.
GENERAL INSURANCE AGREEMENTS
I. PERIOD OF INSURANCE
The words "period of insurance" shall be understood to mean any one of the
following periods:
Period I - January 15, 1983 to January 15, 1984
Period II - January 15, 1984 to January 15, 1985
Period III - January 15, 1985 to January 15, 1986
LW(10)W May 26, 1983
0011/Dec. 82 Page 2
II. NAME OF ASSURED
It is agreed that the unqualified word "Assured" wherever used in this Insurance
includes not only the Named Assured but also -
1. any official, trustee or employee of the Named Assured while acting within
the scope of his duties as such, and any person, organization, trustee or estate
to whom the Named Assured 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 Assured;
2. under Section II Agreement E, any person while using an owned automobile or
a hired automobile and any person or organization legally responsible for the
use thereof, provided the actual use of the automobile is by the Named
Assured or with his permission, and any official of the Named Assured with
respect to the use of non-owned automobile in the business of the Named
Assured. This Insurance with respect to any person or organization other than
the Named Assured does not apply;
(a) to any person or organization, or to any agent or employee thereof,
operating an automobile sales agency, repair shop, service station,
storage garage or public parking place, with respect to any accident
arising out of the operation thereof;
(b) to any employee with respect to injury to or sickness, disease or death of
another employee of the same employer injured in the course of such
employment in an accident arising out of the maintenance or use of the
automobile in the business of such employer;
(c) with respect to any hired automobile, to the owner or a lessee thereof,
other than the Named Assured, nor to any agent or employee of such
owner or lessee;
(d) with respect to any non-owned automobile, to any official or employee if
such automobile is owned by him or a member of the same household.
The inclusion hereunder of more than one Assured shall not operate to increase
Underwriters' Limits of Liability.
III. TERRITORY
This Insurance applies Worldwide.
IV. In calculating the amount of Ultimate Net Loss under Part I (Aggregate Agreement)
and Part II (Specific Excess Agreement) this Insurance is deemed to have the
following maximum limits which will apply for all purposes to the Assured's Loss
Fund and to the Specific Excess Agreement:
LW(10)W May 26, 1983
0011/Dec. 82 Page 3
(a) $ 250,C00 in the aggregate annually as respects any Flood loss under
Section 1.
(b) N/A in the aggregate annually as respects any Earthquake loss
under Section I.
(c) See limits any one claim Extra Expense as defined.
per attached
N/A
(d) $ 250,000 any one occurrence Combined Single Limit Public Liability/Property
Damage under Section II Agreements C, D and E, but in the aggregate
annually as respects Errors and Omissions and School Board Liability
provided by Endorsement No. 1 attached.
$ 200,000 as respects Errors 6c Omissions provided in Endorsement No. 1.
(e) See End //6 Uninsured Motorists.
(f) N/A any one person as respects other than Automobile Medical
Payments under Section II Agreement C. (Coverages exclude
payments to or for students).
(g) N/A any one person as respects Automobile Medical Payments
under Section II Agreement E.
(h) $ 200,000 any one occurrence Combined Single Limit under Section II,
Agreement F, Workers' Compensation and/or Employer's
Liability and/or Occupational Disease.
(i) $ 100,000 each and every loss under Section III Agreement G.
(j) $ 100,000 each and every loss under Section III Agreement H.
(k) $ 100,000 each and every loss under Section III Agreement L.
V. SERVICE ORGANIZATION
This Insurance is issued to the Assured on the express condition that the Assured
undertakes to utilize at all times the services of Gallagher Bassett Insurance
Service, 60 Gould Center, Rolling Meadows, IL 60008. This Service Organization
shall perform the following duties:
(a) Discharge the Assured's obligations under the terms of this Agreement by
administering a complete claims handling program.
(b) Maintain accurate records of all reported claims and details incident to loss
and expense payments.
LW(10)W May 26, 1983
0011/Dec. 82 Page 4
(c) Furnish loss prevention and consulting services. Recommend and implement
controls and monitor loss prevention programs.
(d) 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.
SECTION I - PROPERTY INSURANCE
INSURING AGREEMENTS
AGREEMENT A - BUILDING AND CONTENTS: Underwriters agree, subject to the lim-
itations, terms and conditions of this Insurance, to indemnify the Assured for all 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 Assured for loss or damage to
Automobiles owned by the Assured or on which the Assured has an obligation to provide
adequate insurance, wherever located, against All Risks of Direct Physical Loss, including
Collision of the Automobile with another object.
SECTION I - DEFINITIONS
1. PROPERTY OF THE ASSURED: The term "Assured's Property" shall mean All
Real and Personal Property, including leasehold improvements or betterments
which the Assured owns, property which the Assured holds on consignments or
agrees to insure by any contractual agreement normal to its operations.
2. AUTOMOBILE: The term "Automobile" shall mean any motor vehicle, trailer
or semi-trailer, including its equipment and any other equipment permanently
attached thereto. The word "Trailer" shall include semi-trailer.
3. ULTIMATE NET LOSS: The words "Ultimate Net Loss" in respect of this
Section shall be understood to mean the loss sustained by the Assured after
making deductions for all recoveries and salvages.
4. EARTHQUAKE: If more than one earthquake shock shall occur within any
perioc 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 hereof.
LW(10)W May 26, 1983
0011/Dec. 82 Page 5
SECTION I - 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 mould.
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 (except such loss of use coverage as is afforded
under a Standard Automobile Policy in respect of Agreement B above), delay
or loss of markets.
4. Breakdown of machinery and/or boiler explosion, but not excluding loss
resulting therefrom.
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 de-
vices or wiring from artificial causes unless fire or explosion ensues, and then
only for direct loss or damage caused by such ensuing 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, wind-
storm, hail, explosion, strike, riot or civil commotion, aircraft, vehicles,
breakage of pipes or apparatus, sprinkler leakage, vandalism and malicious
mischief, theft or attempted theft.
LW(10)W May 26, 1983
0011/Dec. 82 Page 6
4. Inventory shortage, mysterious disappearances or loss resulting from any kind
of infidelity or dishonesty on the part of the Assured or any of his employees,
except from the perils covered in Section III (Money and Securities - Broad
Form) of this Insurance.
PROPERTY EXCLUDED FROM COVERAGE HEREUNDER:
Animals, aircraft, standing timber, growing crops, accounts, bills, currency,
money, notes, securities, deeds, evidences of debt, and valuable papers.
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 Assured decides to replace destroyed or
damaged property on another site, cost of such site is not included
hereunder.
It is not a requirement hereunder that the Assured repair, rebuild or
replace the destroyed or damaged property in order to collect for loss or
damage covered by this Insurance.
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 occa-
sioned 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 involv-
ing 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 Assured 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 appraiser and the two so
chosen shall, before proceeding further, appoint a competent and disinterested
LW(10)W May 26, 1983
0011/Dec. 82 Page 7
umpire. The appraisers together shall obtain reconstruction estimates, and
calculate the amounts of reimbursement due, and failing to agree,! shall submit
their differences to the umpire.
The award, in writing, duly verified by any two shall determine the points in
question. Both parties shall pay the cost of their own appraisers and equally
pro rate the cost of the umpire.
6. CIVIL AUTHORITY CLAUSE: Notwithstanding anything contained in this
Insurance, property which is insured under this Insurance is also covered
against the risk of damage or destruction by civil authority during a conflagra-
tion 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.
SECTION II - CASUALTY INSURANCE
INSURING AGREEMENTS
AGREEMENT C - GENERAL LIABILITY: Underwriters hereby agree, subject to the
limitations, terms and conditions hereunder mentioned, to indemnify the Assured for all
sums which the Assured shall be obligated to pay by reason of the liability imposed upon
the Assured by law or assumed by the Named Assured under contract or agreement, for
damages direct ar consequential, and expenses, all as more fully defined by the term
"ultimate net loss", on account of personal injuries, including death at any time resulting
therefrom, suffered or alleged to have been suffered by any person or persons (excepting
employees of the Assured injured in the course of their employment); and/or damage to or
destruction of property or the loss of use thereof; arising out of any occurrence happening
during the period of Insurance.
AGREEMENT D - HOST AND/OR LIQUOR LIABILITY: In accordance with 1 h provisions
of the above Agreement C, the Underwriters agree that indemnity for the Assured
extends to liability for the sale or distribution of alcoholic beverages by reason of any
LW(10)W May 26, 1983
0011/Dec. 82 Page 8
local, state or Federal Liquor control laws now in force and all laws amendatory thereto;
and that such extension includes indemnity for loss of means of support.
AGREEMENT E - AUTOMOBILE LIABILITY: Underwriters hereby agree, subject to the
limitations, terms and conditions hereunder mentioned, to indemnify the Assured for all
sums which the Assured shall be obligated to pay by reason of the liability imposed upon
the Assured by law or assumed by the Named Assured under contract or agreement, for
damages direct or consequential, and expenses, all as more fully defined by the term
"ultimate net loss", on account of personal injury including death at any time resulting
therefrom, suffered or alleged to have been suffered by any person or persons (excepting
employees of the Assured injured in the course of their employment); and/or damage to or
destruction of property or the loss of use thereof, arising out of the ownership,
maintenance or use of any automobile and occurring during the period of this Insurance.
AGREEMENT F .. WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND OCCU-
PATIONAL DISEASE -
Coverage A - Workers' Compensation - The Underwriters hereby agree to pay promptly
when due all compensation and other benefits required of the Assured by the workers'
compensation law as a result of injury (1) by disease caused or aggravated by exposure of
which the last day of the last exposure, in the employment of the Assured, to conditions
causing the disease occurs during the period of this Insurance.
Coverage B - Employer's Liability - The Underwriters hereby agree to pay on behalf of the
Assured all sums which the Assured shall become legally obligated to pay as damages
because of personal injury by accident or disease, including death at any time resulting
therefrom,
(a) sustained in the United States of America, its territories or possessions, or
Canada by any employee of the Assured arising out of and in the course of
his/her employment by the Assured, or
(b) sustained while temporarily outside the United States of America, its terri-
tories or possessions, or Canada by any employee of the Assured who is a
citizen or resident of the United States or Canada arising out of and in the
course of his/her employment by the Assured; but this insurance does not apply
to any suit brought in or any judgment rendered by any court outside the
United States of America, its territories or possessions, or Canada or to an
actior on such judgment wherever brought,
as a result of injury (1) by accident occurring during the period of this Insurance, or (2) by
disease caused or aggravated by exposure of which the last day of the last exposure, in the
employment of the Assured, to conditions causing the disease occurs during the period of
this Insurance.
LW(10)W May 26, 1983
0011/Dec. 82 Page 9
SELF-INSURERS STATUS: The Assured agrees to duly qualify as a self-insurer by
compliance with the provisions of the Workers' Compensation and/or Occupational Disease
Law respecting self-insurance in the State of Colorado and shall continue to maintain said
status throughout the period of this Insurance provided, however, Underwriters shall not
be relieved of their obligations hereunder because of a breach of this condition until (1)
the Assured becomes insured with respect to his Workers' Compensation and/or
Occupational Disease Liability or (2) the expiration of a period of thirty days after date of
the notice served upon the Assured by the Industrial Commission terminating his status as
a self-insurer, which ever occurs first.
If any employee is injured while engaged in the business operations of the Assured outside
the State of Colorado this Insurance shall apply to the Assured on account of such
injuries irrespective of whether such liability is greater than it would have been had the
injuries been sustained within the State of Colorado.
SECTION II - DEFINITIONS
1. PERSONAL INJURIES - The term "personal injuries" wherever used herein,
shall mean:
(a) Bodily Injury, Mental Injury, Mental Anguish, Shock, Sickness, Disease,
Disability, False Arrest, False Imprisonment, Wrongful Eviction, Deten-
tion, Malicious Prosecution, Discrimination, Humiliation, Invasion of
Right of Privacy, Libel, Slander or Defamation of Character; also Piracy
and any Infringement of Copyright or of Property, Erroneous Service of
Civil Papers, Violation of Civil Rights, Assault and Battery, and Dispar-
agement of Property.
(b) lnjury(ies) arising out of the rendering of or failure to render Profes-
sional medical services to any person or persons (other than employees of
the Assured injured during the course of their employment) by any duly
qualified medical practitioner, or nurse, or technician employed by or
acting on behalf of the Assured, provided such liability is based solely
upon error, negligence or mistake committed during the period of this
insurance.
2. PROPERTY DAMAGE - The term "property damage" wherever used herein
shall mean damage to or destruction or loss of property, excluding, however,
damage to property owned by the Named Assured, but including damage to
property of others in the care, custody or control of the Named Assured or
property which is purchased by the Named Assured under a contract which
provides that the title remain with the sellers until payments have been
completed, the liability of Underwriters being limited to the amount of
payments outstanding.
3. OCCURRENCE - The term "occurrence" wherever used herein shall mean an
accident or a happening or event or a continuous or repeated exposure to
conditions which unexpectedly and unintentionally results in personal injury, or
LW(10)W May 26, 1983
0011/Dec. 82 Page 10
damage to property during the policy period. All such exposure to substantial-
ly the same general conditions existing at or emanating from one location shall
be deemed one occurrence.
4. ULTIMATE NET LOSS - The term "ultimate net loss" shall mean the total sum
which the Assured becomes obligated to pay by reason of personal injury or
property damage claims, either through adjudication or compromise, after
making proper deductions for all recoveries and salvages, and shall also include
hospital, medical and funeral charges and all sums paid as salaries, wages,
compensation, fees, charges and law costs, premiums on attachment or appeal
bonds, interest, expenses for doctors, lawyers, nurses and investigators and
other persons and for litigation, settlement, adjustment and investigation of
claims and suits which are paid as a consequence of any occurrence covered
hereunder, excluding only the salaries of the Named Assured's permanent
employees. Fees, charges and expenses for Gallagher Bassett Insurance
Service are specifically excluded, and are to he paid by the Assured.
5. (a) WORKERS' COMPENSATION LAW - Applicable to Insuring Agreement F -
The unqualified term "workers' compensation law" means the workers' compen-
sation law and any occupational disease law of the state designated in the
'SELF-INSURERS STATUS', but does not include those provisions of any such
law which provide non-occupational disability benefits.
(b) STATE - The word "state" means any State or Territory of the United
States of America and the District of Columbia.
(c) PERSONAL INJURY BY ACCIDENT; PERSONAL INJURY BY DISEASE -
The contraction of disease is not an accident within the meaning of the word
"accident" in the term "personal injury by accident" and only such disease as
results directly from a personal injury by accident is included within the term
"personal injury by accident". The term "personal injury by disease" includes
only such disease as is not included within the term "personal injury by
accident".
(d) ASSAULT AND BATTERY - Under Coverage B, assault and battery shall
be deemed an accident unless committed by or at the direction of the Assured.
SECTION II - EXCLUSIONS
THIS INSURANCE DOES NOT APPLY -
(a) to liability of any Assured for assault and battery committed by or at the
direction of such Assured except liability for Personal Injury or Death
resulting from any act alleged to be assault and battery for the purpose
of preventing injury to persons or damage to property;
(b) except with respect to operations performed by independent contractors,
to the ownership, maintenance or use, including loading or unloading of
aircraft and watercraft over 25 feet in length;
LW(10)W May 26, 1983
0011/Dec. 82 Page 11
(c) to damage or destruction of property owned by the Assured.
(d) Applicable to Insuring Agreement F -
(i} under Coverage B, to liability assumed by the Assured under
any contract or agreement, but this exclusion does riot apply to
a warranty that work performed by or on behalf of the Assured
will be done in a workmanlike manner;
(ii) under Coverage B, with respect to any employee employed in
violation of law with the knowledge or acquiescence of the
Assured or any executive officer thereof;
(iii) under Coverage B, to personal injury by disease unless prior to
thirty-six months after the end of the policy period written
claim is made or suit is brought against the Assured for
damages because of such injury or death resulting therefrom;
(iv) under Coverage B, to any obligation for which the Assured or
any carrier as his insurer may be held liable under the workers.'
compensation or occupational disease law of the state desig-
nated in the 'SELF-INSURERS STATUS', any other workers
compensation or liability benefits law, or under any similar law.
SECTION II - CONDITIONS
1. CROSS LIABILITY: In the event of claims being made by reason of personal
injuries and/or property damage suffered by any employee of one Assured
herein for which another Assured herein is or may be liable, then this
Insurance shall cover such Assured against whom a claim is made or may be
made in the same manner as if separate policies had been issued to each
Assured herein. Nothing contained herein shall operate to increase the
Underwriters' Limit of Liability as set forth herein. The Underwriters agree
to wave all rights of subrogation against all or any of the corporations or
individuals comprising the Assured.
2. NOTICE OF OCCURRENCE: Whenever the Assured has information from
which the Assured may reasonably conclude that an occurrence covered under
Section II of this Insurance involves injuries or damages, notice shall be given
to Gallagher Bassett Insurance Service, 60 Gould Center, Rolling Meadows,
Illinois 60008 as soon as practicable. Claims shall not be prejudiced if the
Assured, through clerical oversight or error, fails to notify the above firm of
any occurrence.
3. TERMS OF POLICY CONFORMED TO STATUTE: Applicable to Insuring
Agreement F - Under Coverage A the terms of this Policy which are in
conflict with the provisions of the workers' compensation law are hereby
amended to conform to such law.
LW(10)W May 26, 1983
0011/Dec. 82 Page 12
4. COMMUTATION: Applicable to Insuring Agreement F - Coverage A - Claims
hereunder, not finally settled, for weekly or periodical payment for compensa-
tion to employees (or their dependents) as a result of death or injury shall be
notified with full particulars by the Assured to the Underwriters within two
years from the expiration date of this Insurance and the Underwriters may, if
they so elect, then or at any time thereafter submit one or more of such
claims to an Actuary or Appraiser, to be mutually appointed by the Assured
and the Underwriters, and the Underwriters shall at their option pay a lump
sum to be fixed by the Actuary or Appraiser, which payment shall constitute a
full and final release of the Underwriters' liability for such claim or claims,
provided however that such lump sum payment shall not constitute a full and
final release of Underwriters' liability if subsequent to such lump sum payment
any supplemental award is made increasing the amount of compensation
benefits payable to the employee or his/her dependents and that any additional
claim may then be recommuted at Underwriters' option and Underwriters may
discharge any additional liability by another lump sum payment.
SECTION III - CRIME INSURANCE
INSURING AGREEMENTS
AGREEMENT G - MONEY AND SECURITIES (COVERAGE WITHIN PREMISES):
Underwriters agree, subject to the limitations, terms and conditions of this Insurance, to
indemnify the Assured for all loss caused by reason of theft, burglary, robbery,
kidnapping, disappearance or destruction of any money or securities which may at any
time be or believed by the Assured to be in or upon any premises occupied or used by the
Assured or by arty bank, trust company or safe deposit company. Such Insurance as is
afforded by this Insurance also applies to deposits within a night depository safe provided
by a bank or trust company on its premises for the use of its customers.
AGREEMENT H - MONEY AND SECURITIES (COVERAGE OUTSIDE PREMISES):
Underwriters agree, subject to the limitations, terms and conditions of this Insurance, to
indemnify the Assured for all loss caused by reason of the theft, robbery, kidnapping,
disappearance or destruction of any money or securities (other than by fraud or
connivance of the Assured's officers or employees) while in transit in the custody of the
Assured's officers or employees anywhere, the liability of the Underwriters to commence
at the moment when the person into whose hands the property may be delivered on behalf
of the Assured receives the same and to continue until delivery thereof at the final
destination.
AGREEMENT I - COMMERCIAL BLANKET BOND:
Underwriters (hereinafter called "the Surety") agree, subject to the terms and conditions
set forth herein, to indemnify the Assured (hereinafter called "the Employer") against any
LW(10)W May 26, 1983
0011/Dec. 82 Page 13
loss of Money or other property real or personal (including that part of any inventory
shortage which the Employer shall conclusively prove is caused by the dishonesty of any
Employee or Employees) belonging to the Employer or in which the Employer has a
pecuniary interest or for which the Employer is legally liable or held by the Employer in
any capacity, whether the Employer is legally liable therefor or not, which the Employer
shall during the term of this Insurance sustain or discover that they have sustained
through larceny, theft, embezzlement, forgery, misappropriation, wrongful abstraction,
willful misapplication or other fraudulent or dishonest act or acts committed by any one
or more of the Employees as defined, acting alone or in collusion with others.
SECTION III - DEFINITIONS
INSURING AGREEMENTS G AND H
1. MONEY: The term "Money" as used in this Insurance shall be deemed to mean
currency, coin, bank notes, uncancelled and precancelled postage and unused
postage in postage meters.
2. SECURITIES: The term "Securities" shall be deemed to mean Federal Food
Stamps, express, postal and bank money orders, postal notes, debentures, scrip,
checks, warrants, transfers, coupons, demand and time drafts, bills of ex-
change, acceptances, promissory notes, certificates of deposits, certificates of
stock, bonds, car trust certificates, interim receipts and certificates, ware-
house receipts, bills of lading and all other instruments of a similar nature
including mortgages upon real estate or upon chattels and upon interests
therein, and assignments of such mortgages and instruments.
3. It is understood and agreed that this Insurance covers money and securities of
the Assured or as respects which the Assured is legally liable or held by it in
any capacity, whether or not the Assured is liable for the loss thereof. If legal
proceedings are taken against the Assured to enforce a claim for money and
securi:ies so held, the Assured shall immediately notify the Underwriters in
writing.
4. EMPLOYEES: The term "Employees" shall mean not only persons compensated
by the Assured but also those directed by the Assured, and including those
independent contractors and/or services which may be considered as usually
performed by employees of the Assured.
5. THEFT: The term "Theft" shall include "trick and device".
6. ULTIMATE NET LOSS: The words "ultimate net loss" in respect of this
Section shall be understood to mean the actual loss sustained by the Assured
after making deductions for all recoveries and salvages.
LW(l0)W May 26, 1983
0011/Dec. 82 Page 14
INSURING AGREEMENT I
I. EMPLOYER: The term "Employer" as used in this Insuring Agreement shall
mean the Assured named in the Declarations and as further defined in General
Insurance Agreement II.
2. EMPLOYEE OR EMPLOYEES: The terms "Employee" or "Employees" as used
in this Insuring Agreement shall be deemed to mean respectively one or more
of the natural persons who on the effective date of this Insurance or at any
other time during the term of this Insurance are in the regular service of the
Employer in the ordinary course of the Employer's business and who are
compensated by salary, wages and/or commission, and whom the Employer has
the right to govern and direct at all times in the performance of such service,
but net to mean brokers, factors, commission merchants, consignees, contrac-
tors or other agents or representatives of the same general character.
SECTION III - EXCLUSIONS
THIS INSURANCE DOES NOT APPLY UNDER INSURING AGREEMENTS G AND H
(a) to any fraudulent, dishonest or criminal act other than robbery or safe
burglary or attempt thereat, committed by the Assured or by any
officer, employee (except Brinks or Armored Car Employees): trustee or
authorized representative of the Assured, whether acting alone or in
collusion with others.
(b) to forgery by whomsoever committed.
SECTION III - CONDITIONS
1. under INSURING AGREEMENTS G, H AND I
Warranted free of all claims for losses not discovered within the term of this
Insurance and for losses sustained and/or acts committed prior to January 15,
1980, (hereinafter called the "Retroactive Date") but with the understanding
that in the event of (a) the expiration of this Insurance by reason of non-
renewal, or (b) the termination of this Insurance as an entirety, as provided in
General Condition 5, the Assured shall have twelve calendar months following
the date of such expiration or termination in which to discover losses sustained
between the Retroactive Date and the date of such expiration or termination.
Notwithstanding anything to the contrary contained herein it is understood and
agreed that in the event of this Insurance being immediately succeeded by a
similar Insurance with Underwriters at Lloyd's on which the Retroactive Date
is January 15, 1980, the said succeeding insurance shall be deemed to be a
renewal hereof and in consequence the discovery period provided herein shall
not be operative.
LW(10)W May 26, 1983
0011/Dec. 82 Page 15
2. under INSURING AGREEMENT I
(a) Upon the discovery of any loss under this Insuring Agreement shall be
treated as reinstated so as at all times to continue in force for the sum
set forth herein notwithstanding any previous loss for which the Surety
may have paid or be liable to pay hereunder provided however that in no
event shall the Surety be liable under this Insurance for an amount
greater than the limits of liability stated on account of any one loss or
series of losses caused by the fraudulent or dishonest acts of any
Employee or in which such Employee is concerned or implicated.
(b) In case any reimbursement be obtained or recovery be made by the
Employer or by the Surety on account of any loss covered under this
]nsurance, the net amount of such reimbursement or recovery, after
deducting the actual cost of obtaining or making the same, shall be
applied to reimburse the Employer in full for that part if any, of such
loss in excess of this Insurance, and the balance, if any, or the entire net
reimbursement or recovery if there be no such excess loss, shall be
applied to that part of such loss covered by this Insurance or, if payment
shall have been made by the Surety, to its reimbursement therefor. The
Employer shall execute all necessary papers and render all assistance not
pecuniary to secure unto the Surety the rights provided for in this
paragraph. The following shall not be reimbursement or recovery within
the meaning of this paragraph: suretyship, insurance or reinsurance; also
security or indemnity taken from any source by or for the benefit of the
surety.
(c) This Insurance shall be deemed cancelled as to any Employee immed-
iately upon discovery by the Employer, of any fraudulent or dishonest act
on the part of such Employee; or at 12:01 A.M. Standard Time as
aforesaid upon the effective date specified in a written notice served
upon the Employer or sent by registered mail. Such date if the notice be
served shall be not less than fifteen days after such service, or if sent by
registered mail, not less than twenty days after the date borne by the
sender's registry receipt.
(d) It is agreed that within the term "Employees" are various public officials
of the Named Assured who by law are required to be separately bonded.
]a is further agreed that this Insurance shall apply as excess insurance
and then only after such legally required other insurance has been
exhausted.
SECTION IV - GENERAL CONDITIONS
1. PREMIUM PROVISION:
See Endorsement #2 Attached
LW(10)W May 26, 1983
0011/Dec. 82 Page 16
2. SALVAGE AND RECOVERY CLAUSE:
All sa;'.vages, 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 Assured and to examine the Assured'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
Assured shall be acceptable to Underwriters in determining the amount of loss
or damage covered hereunder.
5. DUE DILIGENCE CLAUSE:
The Assured shall use due diligence and do and concur in doing all things
reasonably practicable to avoid or diminish any loss of or damage to the
property herein insured.
6. CANCELLATION:
This Insurance may be cancelled as of any anniversary date by either of the
parties upon written notice to the other party, provided said notice is issued at
least (60) sixty 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 Arthur J. Gallagher & Co.,
10 Gould Center, Rolling Meadows, IL 60008.
8. BANKRUPTCY AND INSOLVENCY:
In the event of the bankruptcy or insolvency of the Assured or any entity
comprising the Assured, the Underwriters shall not be relieved of the payment
of any claims hereunder because of such bankruptcy or insolvency.
LW(10)W May 26, 1983
0011/Dec. 82 Page 17
9. OTHER INSURANCE:
If the Assured 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
collectible from such other Insurance shall accrue in the aggregate loss fund of
this Insurance.
10. MORTGAGE CLAUSE:
The interest of any mortgagor on property covered hereunder is included as if
a separate endorsement were attached hereto to the extent of the amount of
mortgage as of the date of loss subject to the limits of liability set forth in
this Insurance.
11. CLAIMS:
The Assured shall immediately notify Underwriters through Arthur J.
Gallagher & Co., 10 Gould Center, Rolling Meadows, IL 60008 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 Assured 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 Assured
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 Assured for all payments
made in excess of the amounts stated in PART I (AGGREGATE AGREEMENT)
and PART II (SPECIFIC EXCESS AGREEMENT) of the Limits Agreement. All
adjusted claims shall be paid or made good to the Assured within thirty days
after their presentation to Arthur J. Gallagher & Co., and acceptance by
Underwriters of satisfactory proof of interest and loss.
13. APPEAL:
In the event the Assured and Underwriters are unable to agree to the
advisability of appealing a judgment, a disinterested attorney, mutually
agreeable to the Underwriters and the Assured, 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 Assured and
Underwriters. Fees of such retained attorney shall be borne equally by both
parties for the services of rendering his recommendation only. The Assured's
portion of such fee shall not accrue in the aggregate loss fund.
14. LITIGATION PROCEEDINGS:
No suit to recover on account of loss under this Insurance shall be brought
until ninety days after the proof of loss shall have been furnished, nor at all
unless commenced within twenty seven months from the date upon which loss
LW(10)W May 26, 1983
0011/Dec. 82 Page 18
occurred, if such loss is within the knowledge of the Assured; if not, the
twenty seven months shall begin upon notice to the Assured to such loss or
claim.
15. SUBROGATION:
The Underwriters shall be subrogated to all rights which the Assured may have
against any person or other entity in respect to any claim or payment made
under this Insurance, and the Assured shall execute all papers required by the
Underwriters and shall cooperate with the Underwriters to secure Under-
writer's rights. In case any reimbursement obtained or recovery made by the
Assured 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 Assured's loss because of the application of the aggregate
oss fund.
16. WAIVER OF SUBROGATION:
This Insurance shall not be invalidated if the Assured 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
Assured under the laws of any State or other jurisdiction wherein it is claimed
that .:he Assured is liable for any injury covered hereby because of non-
compliance with any statute thereof, then this policy shall be enforceable for
the Assured with the same effect as if it complied with such statutes.
18. ASSIGNMENT:
Assignment of interest under this Insurance shall not bind the Underwriters
until the Underwriters' consent is endorsed hereon.
19. CHANGES:
By acceptance of this Insurance the Assured agrees that it embodies all
agreements existing between the Assured and Underwriters or any of its
agent; relating to this Insurance. None of the provisions, conditions or other
terms of this Insurance shall be waived or altered except by endorsement; nor
LW(10)W May 26, 1983
0011/Dec. 82 Page 19
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, inva-
sion, acts of foreign enemies, any weapon of war employing atomic fission or
radioactive force whether in time of peace or war, hostilities (whether war be
declared or not), civil war, rebellion, revolution, insurrection, military or
usurped power, confiscation or nationalization or requisition or destruction of
or damage to property by or under the order of any government or public or
local authority unless such acts of destruction by order of civil authority is at
the time of and for the purpose of preventing spread of fire; or claims or
liabilil:y arising directly or indirectly from nuclear fission, nuclear fusion or
radioactive contamination.
21. FRAUDULENT CLAIMS:
If the Assured 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 100% OF LIMITS AND PREMIUM
ATTACHING TO AND FORMING PART OF COVER NOTE NO. ISL 3030.
DATED: May 26, 1983 INTERNATIONAL CV-O_,i--22—O_SPECIAL RISK IS SER�VICE•S, INC.
By C l�c- Vh ' ice
LW(10)W May 26, 1983
0011/Dec. 82 Page 20
DATE ISSUED PREVIOUS NO.
May �6, l9R_3 C-isi 230/28,3 SL 362.9..9
.�.,
THIS DECLARATION PAGE IS ATTACHED TO AND FORMS PART OF COVERNOTE PROVISIONS (FOIIM CN•1)
NUM IS
IER .w..r 3 u
Name of Assured •
Weld County, Colorado, including any officer, servant or
employee of the named insured, any member of the governing
1 body of the named insured, any member of the 3oard of Cop-
missions of named insured.
915 10th Street, Greeley, Colorado 80611. •
•
2 EFFECTIVE ® 12:01 A M. 1OTH DAYS AT FROM ❑ 12:00 NOON STANDARD TIME January 15, 19.33 January TO y -S, 198r,
L NAME Of INSURERS __ AMOUNT OR PERCENT
Acting upon your instruction, we have
effected the insurance with: OPP' UNDERWRITERS AT LLOYD'S, LONDON
3
•
•
•
AMOUNT COVERAGE RATE PREMIUM
Hereon 91.27% Part of 100% of:
Annual: t 5,500.00
Excess All Risk Including Hereon: $ 5,019,85
Casualty and Crime as
4 per attached forms
AUDIT TOTAL CHARGED
SPECIAL CONDITIONS
Per attached forms and endorsements
5 11DT-1 and #T1O-2
N`0A 772
Service of Suit Clause
6 Lord, Bissell fr. Brook, 115 South LaSalle Street, Chicago, IL. 60603
or Mendes & \Ao1Ent, Park Avenue, New York, '!Y 10016
In witness whereof this covernote 'ias been signed at..... '.oiLin .M1A,e~s3CIQ'N�e.I� this 2.6 .... .day of _-... May. ..... .
' 71r-IL
1/ I International Special. Risk Services, line.
JAN I G• _.,e;. `\ I ;.
C_
By � t•; _ _ t
F icon Co Chicago :.;
GATE ISSUED
• "t PRI VIOUS NO.
• :IIMay 26,..X9' 3 233 SL :46.29
. ,. . . . .
. .
. • . . . .
„,,, •
• • . • •
THIS DECLARATION PAGE IS ATTACHED TO AND FORMS PART Of COV'ERNOTE PROVISIONS (FORM CN-11
i
lame of Assured Weld County, Colorado,Indus:lino assy officer, servant or
employee of the named Ere ' :member of the gvtg
1 body of tip named Insured,any Member of the Board of Cop-
riliSSIOVIS of weed insured- .
915 10th Stt ,Greeley, Colorado 30.631 .
° EEfE TkkE IS 12:OT A.M. 11OTkfit DAYS AT ri,
_ •
tt[!Q [�7• 12:00 NOON ST.;::•-/1kE1 TIME i0113 }y��, , 3anua�.r'y 159 19'86
+.' NAME'Of INS&JRER*i_. 5,``•;;; AMOUNT OR Pt CENT
Acting upon your instruction, we fray ... t% --
effected the insurance with: .. UNDERWRITERS AT LLOYD S,LONDON gi.
•
' �.
AMOUNT COWtAGE : RREMMMit
Ipl .9t, Pa .ttt _ r` t?
$ • : - .
Excess An Risk Including $..3p019.10 r
Casualty and Crime as .
per attached forms
t; ?
•
AUDIT TOTAL CHARGED i..
_.`
• S►ECIAL. CONDITIONS
Per atteeited forms and endorsements
•rte:% " .••,
r
•
Serve of Se4t.Clause •
6 Lard, Bigot**gook„ 115 Seca LaSalle Street,Chipailly,li 6O '
or M ea.& Mount,.3 t'aTk Alta , New 'York, NY Wad 1
In witness whereof this covernote has been *tied at R .M W$..i this... .2b day of._...Aim
WrI,7t r-....
..,_ hateciasikaaat Special l Sire, .pi. .i ,ii JAN-. 1 6 -• . C k:6.,,,,,,,M.- .,..
Eason Pnntrng Co. Ch.rago orarmO1C4,&,9.18•••
.
SERVICE OF SUIT CLAUSE (USA.)
(Ayrard h IJgd'r Uelwvnirwt ha ad Nw-Nwwe Arscate .)
It is agreed that in the event of the failure of Underwriters hereon to pay any amount
claimed to be due hereunder. Underwriters hereon, at the request of the insured (or reinsured),
will submit to the jurisdiction of any Court of competent jurisdiction within the United States
and will !comply with all requirements necessary to give such Court jurisdiction and all matters
arising hereunder shall be determined in accordance with the law and practice of such Court.
It Le further agreed that service of process in such suit may be made upon
Lord, Bissell & Brook 115 S LaSalle St Chicago, IL 60603
or Me-Ides & Mount, 3 Park Avenue New York N Y 10016
that in any suit Instituted against any one of them upon this contract, Underwriters will abide
by the fins decision of such Court or of any Appellate Court in the event of an appeal.
The above-named are authorised and directed to accept service of process on behalf of
Underwriters in any such suit and/or upon the request of the insured (or reinsured) to give •
written undertaking to the insured (or reinsured) that they will enter a general appearance upon
Underwriters' behalf In the event such a suit shall be Instituted.
Further, pursuant to any statute of any state, territory or district of the United States
which makes provision therefor, Underwriters hereon hereby designate the Superintendent. Com-
missioner or Director of Insurance or other officer specified for that purpose in the statute, or his
successor or successors in office, as their true and lawful attorney upon whom may be served any
lawful process In any action, suit or proceeding instituted by or on behalf of the insured (or
reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance).
and hereby designate the above-named as the person to whom the said (Aker Is authorised to
mall such process or a true cony thereof.
N.M.A. 172 yaw RIMING COMPANY
WHEREAS THE Assured has (1) All Risks of Physical Loss or Damage
Coverage I:excluding Casualty and Crime) Cover with International Insurance
Company for limits of $2,500,000 ultimate net loss any one loss any one
location excess of $500,000 ultimate net loss any one loss and (2) Underlying
insurance with Lloyd's and Companies for $400,000 ultimate net loss each
and every loss and/or occurrence excess of $100,000 ultimate net loss each
and every loss and/or occurrence covering All Risks of Physical Loss or
Damage, Casualty and Crime. (Both of which are warranted that they will
be maintained throughout the currency of this Policy).
Now this policy is to pay up to $500,000 ultimate net loss each and every
loss and/or occurrence, but only if the same loss and/or occurrence includes
a Casualty and/or Crime loss in addition to physical Damage loss and then
only if the combined loss exceeds $500,000 ultimate net loss.
THIS POLICY is only to pay the difference between the Primary ultimate
net loss (Physical Damage or combined Physical Damage and Casualty Loss)
and the actual combined loss and/or occurrence (up to a further limit of
$500,000 ultimate net loss).
The Underlying Combined Policy contains the following sub limits:
All Third Party: $ 250,000 Any one occurrence C.S.L.
$ 200,000 Any one occurrence
Money & Securities: $ 100,000 Each and every loss each location
Employee Fidelity: $ 100,000 Any one loss.
IT IS UNDERSTOOD AND AGREED that Claims and Servicing will be by
Gallagher Bassett Insurance Service.
ULTIMATE NET LOSS
The words "ultimate net loss" in respect of Physical Loss or Damage shall
mean the .loss sustained by the Assured as a result of the happening of the
risks covered by this insurance after making deductions for all recoveries
and other valid and collectible insurance, excepting however, the Policy/ies
of the Primary Insurers, and in respect of Liability Coverage hereon
ultimate net loss shall be as defined in the Primary Policy.
CANCELLATION
This insurance may be cancelled as of any anniversary date by either of the
parties upon written notice to the other party, provided said notice is issued
at least (60) sixty days prior to the said anniversary.
LW(10)W May 26, 1983
D-1
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.
Attaching to and forming part of ISL 3031.
DATED: May 26;, 1983 INTERNATIONAL SPECIAL RISK SERVICES, INC.
By CRC Do . ltlt om(
LW(10)W May 26, 1983
13-2
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