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HomeMy WebLinkAbout000172.tiff ZLl Znk WSW SaIDIrlOcl £661/Z661 OQ/?IOrIOD AINIlOD ARTHUR J. GALLAGHER & CO.-DENVER March 8, 1993 Mr. Don Warden Weld County, Colorado P.O. Box 758 Greeley, CO 80631 Re: Specific Excess Workers' Compensation Policy # 415-3409 - 12/31/92-93 Term Dear Don: I am happy to enclose your Specific Excess Workers'Compensation policy for the term above. I have requested that two changes be made to this policy, effective 12/31/92: • The first change, is on endorsement No. 4 Broad Form All States Endorsement, it should read (on the second line) Compensation Law of a state not designated in Item (1) of the declarations; in lieu of a state designated in Item (1) of the declarations. • The second change, is adding the Volunteer and Board Members Endorsement at no additional charge. Don, these changes will follow shortly. Please review your policy carefully for all terms, conditions, limitations, and exclusions. In particular, please review endorsement No. 3, Claim Reporting Endorsement. If after reviewing your policy you have any questions or changes, please feel free to give me a call. I have also forwarded a copy of this policy to Sue Leidolph • at OHMS. We thank you for the opportunity to continue this policy and look forward to working with you for another year. Sincerely, ARTH R J. GALLAGHER & CO.-DENVER Karen Graham, Acc unt Assistant cc: John P. McLaughlin, Vice President - Risk Management Services :kg/enclosure KmY:tWR D.M Q/apot& TRU,tp,a0, Denver, CO 80237-2753 • P.O. Box 24809, Denver, 00 80224 303/773-9999 • Fax 303/773-9776 ARTHUR J. GALLAGHER & CO.-DENVER MEMORANDUM TO: Don Warden Weld County, Colorado FROM: Karen Graham DATE: March 8, 1993 RE: Policy Notebook r-• Don: I made a section for your Self-Insurers Workers' Compensation Bond, so you can move it to this policy notebook. Regards. :kg r 7800 E. Union Ave., Suite 220, Denver, CO 80237-2753 O. Box 24509, Denver, CO 80224 303/773-9999 • Fax 303/773-9776 • NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. A CAPITAL STOCK COMPANY 70 Pine Street, New York,N.Y. 10270 (Herein called the Company JC=C . NAMED WELD COUNTY, COLORADO INSURED P.O. BOX 758 P AND GREELEY, CO 80632 POST OFFICE P ?`� N Agrees with the Insured, named in the Declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the Declarations and subject to the Limits of Liability, Exclusions, Conditions and other terms of this policy: EXCESS WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY POLICY DECLARATIONS RENEWAL OF: 415-3175 POLICY NUMBER: 415-3409 STATE(S) COLORADO ITEM (to which 1 Coverage is to apply) ITEM POLICY From: DECEMBER 31, 1992 To: DECEMBER 31, 1993 12:01 A.M.Standard Time at the 2 PERIOD Post Office Address shown herein ITEM LIMIT OF STATUTORY WORKERS' COMPENSATION ACT 3 LIABILITY $1,000,000 EMPLOYERS LIABILITY ITEM RETENTION $300,000 WORKERS' COMPENSATION ACT 4 (each accident) $500,000 USL&H ESTIMATED TOTAL RATES PER POLICY PREMIUM ANNUAL $100.00 OF PREMIUM ITEM AND REMUNERATION REMUNERATON 5 PREMIUM MINIMUM & DEPOSIT COMPUTATION $36,000 $23,742,146 . 1516 MINIMUM EARNED PREMIUM S 9.000 Unless otherwise stated herein, the policy premium as shown above shall also be the minimum premium. ARTHUR J. GALLAGHER & COMPANY P.O. BOX 24809 DENVER, CO 80224 DATE OF ISSUE: COUNTERSIGNED BY: thiadett n I December 15, 1992 \\\ (AUTHORIZED EP NTATIVE) 3/81 1704(8-76) INSURED ENDORSEMENT#1 This endorsement,effective 12:01 A.M. 12/31/92 forms a part of Policy No. 415-34.09 issued to Weld County,Colorado By National Union Fire Insurance Company of Pittsburgh,Pa. In consideration of the premium charged,it is agreed that Item#2 of the conditions is amended as follows: (2) Premium. The Premium for this policy shall be based upon the entire remuneration earned, during the policy period, by all employees of the insured engaged in the operations described in the declarations together with all operations necessary, incidental or appurtenant thereto, or connected therewith, whether conducted at such work place or elsewhere in connection therewith or in relation thereto, subject with respect to each executive officer to maximum and minimum remuneration of$1.050.00.00 and $350.00 per week, and the insured agrees to pay a premium thereon, at the time of the final adjustment of the premium at rates to be determined. If the policy is for more than one year,then upon expiration of each annual period of the policy, or its termination during the policy period,the actual amount of the remuneration earned by the employees during such policy shall be exhibited to the company,as provided in Conditions 3 thereof, and the earned premium adjusted in accordance therewith at the rates and under the conditions herein specified. If the insured is liable under any of the said Workers'Compensation Laws for compensation to employees of any contractor or sub-contractor and does not maintain satisfactory evidence that any such contractor or sub-contractor •—" has secured his compensation obligation to his employees, then the remuneration of all employees of any such contractor or sub-contractor shall be included in the return of remuneration upon which the premium for this policy is computed,provided, however that if the insured does not furnish record of such remuneration, the entire contract price of the sub-contracted work shall be included as remuneration. Upon delivery of this policy, the insured shall pay the deposit premium shown in the declarations and the expiration of each annual period, the earned premium shall be computed thereon and shall be paid to the company except that the deposit premium shown in the declarations and at the expiration of each annual period, shall be credited against the premium found to be due the company for the last twelve(12) months of the policy period. The company shall,in any event,retain the annual minimum premium stated in the declarations for twelve(12) month period. CC CLACI Endt.#1 Au Representative (12/16/92)Is A000289 ENDORSEMENT#2 This endorsement,effective 12:01 A.M. 12/31/92 forms a part of Policy No. 415.34-09 issued to Weld County,Colorado By National Union Fire Insurance Company of Pittsburgh,Pa. It is hereby agreed that Insuring Agreement (2) (Employers Liability) of the policy does not apply to the following: (A) bodily injury to an employee while employed in violation of the law; (B) bodily injury intentionally caused or aggravated by or at the direction of the Insured; (C) bodily injury caused by the serious and willful misconduct of the Insured. It is further agreed that Insuring Agreement (1) of the policy does not apply to payments in excess of those regularly required by the Workers Compensation laws if such excess payments are required because of(A) or (C) above. e ) Endt. #2 A d Representative (12/16/92)Is A002689 ENDORSEMENT#3 n This endorsement,effective 12:01 A.M. 12/31/92 forms a part of Policy No. 415-34-09 issued to Weld County,Colorado By National Union Fire Insurance Company of Pittsburgh,Pa. CLAIM REPORTING ENDORSEMENT In consideration of the premium charged, and notwithstanding anything in the policy to the contrary it is agreed that the Insured shall notify the company as soon as practicable after the corporate insurance department is made aware of the claim, either paid or reserved, for 50% or more of the self-insured retention stated in Item No.4 of the policy declarations. It is further agreed that the Insured shall give the company written notice as soon as practicable after the corporate insurance department is made aware, of any injury involving the following type of accident: 1. A fatality. 2. Amputation of a major extremity, 3. Any serious head injury(including skull fracture or loss of sight of either or both eyes), 4. Any injury to the spinal cord, 5. Any severe burn case, 6. Any accident which caused serious injury to two or more employees, or 7. Any disability of more than one year or where it appears reasonable likely that there will be disability of more than one year. agArgi Endt. #3 t n ed Representative (12/16/92)ls r A000489 ENDORSEMENT#4 This endorsement,effective 12:01 a.m. 12/31/92 forms a part of Policy No. 415-34-09 issued to Weld County,Colorado By National Union Fire Insurance Company of Pittsburgh,Pa. BROAD FORM ALL STATES ENDORSEMENT It is hereby agreed that this policy is amended to include the following: (3) For compensation and other benefits required to be paid by the Insured under the Workers' Compensation Law of a state designated in Item (1) of the declarations; provided said designated state is the state of the injured employees'normal employment. • Endt.#4 eket444 (12/16/92)Is Aut iz d epresentative A000689 ENDORSEMENT#5 r� This endorsement,effective 12:01 A.M. 12/31/92 forms a part of Policy No. 415-34-09 issued to Weld County,Colorado By National Union Fire Insurance Company of Pittsburgh,Pa. It is agreed and understood that item 4(Ultimate Net Loss) is amended as follows: Ultimate Net Loss. The term "Ultimate Net Loss" as used in this policy shall mean the sum actually paid in cash in the settlement or satisfaction of losses for which the Insured is liable, either by adjudication or compromise, with the written consent of the Company. The term shall include court costs, interest upon awards and judgments and allocated investigation, adjustment and legal expenses pertaining to losses, but shall exclude all salaries paid to employees,service company fees and claim administrator fees. Nothing herein contained shall be construed to mean that the Insured shall be required to enforce by legal action any rights of subrogation before the Company shall pay any losses for which it may be liable hereunder. All other terms and conditions of this policy remain unchanged. Endt. #5 th r ed Representative (12/16/92)Is A005992 ENDORSEMENT#6 r This endorsement,effective 12:01 a.m. 12/31/92 forms a part of Policy No. 415-34.09 issued to Weld County,Colorado By National Union Fire Insurance Company of Pittsburgh,Pa. It is agreed that Item 7. Conditions is amended as follows: LEGAL COST Should any claim or claims arise appearing likely to exceed the retention, no costs shall be incurred on behalf of the Company without it consent being first obtained. Should such claim or claims be adjusted prior to trial court judgement for a sum or aggregate sum of not more than the retention,then no costs shall be payable by the Company, if it consents to trial court proceedings continuing, shall contribute to the costs as defined in Definitions,Item 4.Ultimate Loss. All other terms and conditions of this policy remain unchanged. Endt.#6 Auth iz epresentative (12/16/92)Is A006892 ENDORSEMENT#7 This endorsement,effective 12:01 A.M. 12/31/92 forms a part of Policy No. 415-34-09 issued to Weld County,Colorado By National Union Fire Insurance Company of Pittsburgh,Pa. UNITED STATES LONGSHOREMENS'AND HARBOR WORKERS'COMPENSATION ACT ENDORSEMENT (Incidental Operations Endorsement) It is agreed with respects to operations in the State(s) designated in Item (1) of the Declarations, the unqualified term "Workers' Compensation Law" includes the United States Longshoremens' and Harbor Workers' Act., U.S. Code (1946) Title 33, Section 901-49 and definition (1) is amended accordingly. This endorsement does not apply to work subject to the Defense Base Act,the Outer Continental Shelf Lands Act or the Non-appropriated Fund Instrumentalities Act. This endorsement is provided hereunder due to the Company's reliance upon the Insured's warranty of no known US L&H exposure. All other terms and conditions of this policy remain unchanged. Endt. #7 A h ' d Representative (12/16/92)1s A005892 • ENDORSEMENT#8 This endorsement,effective 12:01 A.M. 12/31/92 forms a part of Policy No. 415-34-09 issued to Weld County,Colorado By National Union Fire Insurance Company of Pittsburgh,Pa. COLORADO AMENDATORY ENDORSEMENT It is hereby agreed with respect to cancellation by the Company, Ninety (90) days Notice of cancellation will be provided except with respect to non-payment of premium in which case ten (10)days of Notice will be provided. It is also agreed that Notice of Cancellation will be sent by registered or certified mail to both the Insured and the authority listed below: Executive Director of Labor and Employment Division of Workers'Compensation Insurance Compliance Unit 1120 Lincoln Street,12th Floor Denver,CO 80203 All other terms and conditions of this policy remain unchanged. Endt.#8 A o Representative (12/16/92)1s ENDORSEMENT#9 This endorsement,effective 12:01 A.M. 12/31/92 forms a part of Policy No. 415-34-09 issued to Weld County,Colorado By National Union Fire Insurance Company of Pittsburgh,Pa. In consideration of the premium charged, it is hereby agreed that Exclusion (2) is deleted in its entirety. All other terms and conditions of this policy remain unchanged. (-"Leati1/4 Endt.#9 Aut r' Representative (12/16/92)Is 22304-A NATIONAL UNION FIRE INSURANCE COMPANY 70 PINE STREET NEW YORK,N.Y.10270 OF PITTSBURGH, PA. n the event the Insured should at'any lime while this contract is in force ter- •its qualifications as a self-insurer or if such qualifications should be can- or ✓.�=Cr- revoked,this contract shall automatically terminate at the same time. of Injury. When an injury occurs that appears reasonably likely to involve r on the part of the Company,written notice shall be given by or on behalf of ( ;ured to the Company or any of its authorized agents as soon as practicable. �• %,� iotice shall contain particulars sufficient to identify the Insured and also the information obtainable at the time. The Insured shall give like notice,with lei 'firll tic nt anti ri,im made nn vrrmml 174 eurh inuvo If thnmefbr cnit nr EXCESS WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE POLICY The Company hereby agrees to indemnify the Insured against excess loss, subject to his/her employment by the Insured either in operations in a state designated the limitations, conditions and other terms of this policy, which the Insured may in Item 1 of the Declarations or in operations necessary or incidental thereto, sustain by reason of the liability imposed upon the Insured by law: or (1) For compensation and other benefits as are specifically provided by the worker's (b) sustained while temporarily outside the United States of America, its compensation or occupational disease laws of any state(s)named in Item 1 of the territories or possessions,or Canada by any employee of the Insured who is a Declarations,and citizen or resident of the United States or Canada arising out of and in the (2) For damages because of bodily injury by accident or disease including death at course of his employment by the Insured in connection with operations in a r time resulting b because therefrom, state designated in Item 1 of the Declarations;but this insurance does not ap- any ply to any suit brought in or any judgment rendered by any court outside the (a) sustained in the United States of America, its territories or possessions, or United Sates of America,Its territories or possessions,or Canada or to an ac- Canada by any employee of the Insured arising out of and in the course of tion on such judgment wherever brought. DEFINITIONS (1) Worker's Compensation Law. The unqualified term "worker's compensation mean the sum actually paid in cash in the settlement or satisfaction of losses for law"means the worker's compensation law and any occupational disease law of a which the Insured is liable,either by adjudication or compromise with the written state designated in Item 1 of the Declarations, but does not include those consent of the Company, after making proper deductions for all recoveries, but provisions of any such law which provide non-occupational disability benefits. shall exclude all salaries of employees and office expenses of the Insured incurred (2) State. The word "state" means any State or Territory of the United States of in investigation,adjustment and litigation. Nothing herein contained shall be con- America and the District of Columbia. strued to mean that the Insured shall be required to enforce by legal action any (3) Assault and Battery. Under Insuring Agreement(2), assault and battery shall be rights of subrogation before the Company shall pay any loss for which It may be an accidentunless nd committed n greby ratthe2i,direction of andthe Insured.r liable hereundor. Other loss and legal expenses (including court costs and in- deemedterest on any judgment or award)incurred with the consent of the Company shall (4) Ultimate Net Loss. The term "ultimate net loss", as used in this policy, shall be apportioned in proportion to the respective interests as finally determined. APPLICATION OF POLICY (1) This policy applies only to injury(i)by accident occurring during the policy period, last exposure,in the employment of the Insured,to conditions causing the disease or(ii) by disease caused or aggravated by exposure of which the last day of the occurs during the policy period. EXCLUSIONS This policy does not apply: therefrom; (1) Under Insuring Agreement 2, to liability assumed by the Insured under any con- (3) under Insuring Agreement 2,to any obligation for which the Insured or any carrier tract or agreement,but this exclusion does not apply to a warranty that work per- as his/her insurer may be held liable under the worker's compensation or oc- formed by or on behalf of the Insured will be done in a workerlike manner. cupational disease law of a state designated in Item 1 of the Declarations, any (2) under Insuring Agreement 2, to bodily injury by disease unless prior to thirty-six other worker's compensation or occupational disease law, any unemployment months atter the end of the policy period written claim is is made or suit is brought compensation or disability benefits law,or under any similar law. against the Insured for damages because of such injury or death resulting (4) to fines,penalties,punitive or exemplary damages. CONDITIONS • (1) Limit of Liability— Retained Limit. The Comapny's limit of liability shall be only premium adjusted in accordance therewith at the rates and under the conditions for the ultimate net loss,as defined herein, in excess of the amount stated in Item herein specified. If the Insured is liable under any of the said worker's com- 4 of the Declarations (hereinafter called the "retention") and then only up to a pensation laws for compensation to employees of any contractor or sub-contractor further amount not exceeding the amount stated in Item 3 of the Declarations, and does not maintain satisfactory evidence that any such contractor or sub- provided that the retention and the Company's limit shall apply separately under contractor has secured his compensation obligations to his employees, then the Insuring Agreement 1 and 2 to each accident,involving one or more employees. remuneration of all employees of any such contractor or sub-contractor shall be in- Anything contained in this policy to the contrary notwithstanding, with respect to cluded in the return of remuneration upon which the premium for this policy is each employee, injury by disease shall be considered a separate accident and be computed, provided, however that if the Insured does not furnish record of such subject to a separate retention for each accident; and the maximum limit of the remuneration, the entire contract price of the sub-contracted work shall be in- Company's liability, during the policy period, for all injuries by disease shall be cluded as remuneration. Upon delivery of this policy, the Insured shall pay the the amount stated in Item 3 of the Declarations. deposit premium shown in the Declarations and at the expiration of each annual period, the earned premium shall be computed thereon and shall be paid to the (2) Premium.The premium for this policy shall be based upon the entire remuneration Company except that the deposit premium shown in the Declarations shall be earned,during the policy period, by all employees of the Insured engaged in the credited against the premium found to be due the Company for the last twelve(12) zperations described in the Declarations together with all operations necessary, months of the policy period. The Company shall, in any event, retain the annual • incidental or appurtenant thereto, or connected therewith, whether conducted at minimum premium stated in the Declarations for a twelve(12)month period. such work place or elsewhere in connection therewith or in relation thereto, sub- (3) Inspection and Audit.The Company and any rating authority having jurisdiction by ject with respect to each executive officer to a maximum and minimum law shall each be permitted but not obligated to inspect at any reasonable time, remuneration of$300.00 and $1.00 per week, and the Insured agrees to pay a the workplaces, operations, machinery and equipment covered by this policy. premium thereon,at the time of the final adjustment of the premium at rates to be Neither the right to make inspections nor the making thereof nor any report determined. If the policy period is for more than one year, then upon expiration of thereon, shall constitute an undertaking on behalf of or for the benefit of the In- each annual period of the policy, or its termination during the policy period, the sured or others, to determine or warrant that such workplaces, operations, actual amount of the remuneration earned by employees during such period shall machinery or equipment are safe or healthful, or are in compliance with any law, be exhibited to the Company, as provided in Condition 3 hereof, and the earned rule or regulation. 1701'7/76! The Company and any rating authority having jurisdiction by law shall each be pense,and shall be liable for the taxable costs and disbursements and interest in- permitted to examine and audit the Insured's payroll records, general ledger, cidental thereto, but in no event shall the liability of the Company for ultimate net disbursements,vouchers, contracts, tax reports and all other books, documents loss exceed the amount set forth in for any one occurrence plus the cost and ex- and records of any and every kind at any reasonable time during the policy period pense of such appeal. Item 3 of the Declaration. and any extension thereof and within three years after termination of this policy, as far as they show or tend to show or verify the amount of remuneration or other (10)Action Against Company. No action shall lie against the Company unless, as a r^nremium basis,or relate to the subject matter of this insurance. condition precedent thereto, the Insured shall have fully complied with all the I- .ualified Self-Insurer. The Insured, by the acceptance of this contract,warrants terms of this policy. that it has qualified as a self-insurer as provided in the worker's compensation (11)Other Insurance. It the Insured carries other valid and collectible insurance law and will continue to maintain such qualifications during the period of this con- covering a loss also covered by this contract(other than insurance that is pur- tract. In the event the Insured should at any time while this contract is in force ter- chased to apply in excess of the sum of the retention and the limit of liability minate its qualifications as a self-insurer or it such qualifications should be can- hereunder of policies of coinsurance within the limits of this policy),the insurance celled or revoked,this contract shall automatically terminate at the same time. afforded by this contract shall aptly in excess of and shall not contribute with such (5) Notice of Injury. When an injury occurs that appears reasonably likely to involve other insurance or reinsurance. liability on the part of the Company,written notice shall be given by or on behalf of (12)Subrogation. In the event of any payment under this policy,the Company shall be the Insured to the Company or any of its authorized agents as soon as practicable. subrogated to all rights of recovery therefor of the Insured and any person entitled Such notice shall contain particulars sufficient to identify the Insured and also the to the benefits of this policy against any person or organization,and the Insured fullest information obtainable at the time.The Insured shall give like notice,with shall execute and deliver instruments and papers and do whatever else is full particulars, of any claim made on account of such injury. If thereafter suit or necessary to secure such rights. The Insured shall do nothing after loss to other proceeding is instituted against the Insured to enforce such claim, the In- prejudice such rights. sured shall, when requested by the Company, forward to the Company every (13)Changes. Notice to any agent or knowledge possessed by any agent or by any demand, notice, summons, or other process or true copies thereof, received by other person shall not effect a waiver or a change in any part of this policy or estop the Insured or the Insured's representatives,together with copies of reports of in- the Company from asserting any right under the terms of this policy;nor shall the vestigations made by the Insured with respect to such claim,suit or proceeding. terms of this policy be waived or changed,except by endorsement issued to form (6) Cooperation of the Insured. The Company snail not be called upon to assume a part of this policy,signed by a duly authorized representative of the Company. charge of the settlement or defense of any claim made or suit or proceedings in- (14)Assignment. Assignment of interest under this policy shall not bind the Company stituted against the Insured, but shall have the right and shall be given the op- until its consent is endorsed hereon. If, however, during the policy period the In- portunity to associate with the Insured in the defense and control of any claim, sured shall die,and written notice is given to the Company within thirty days after suit or proceeding where the claim or suit involves,or appears reasonably likely to the date of such death,this policy shall cover the Insured's legal representative as involve the Company,in which event the Insured and the Company shall cooperate insured; provided, that notice of cancellation addressed to the Insured named in in all things in the defense of such claim,suit or proceeding. the Declarations and mailed or delivered,after such death, to the address shown (7) Legal Costs.Should any claim or claims arise appearing likely to exceed the reten- in this policy shall be sufficient notice to effect cancellation of this policy. tion, no costs shall be incurred on behalf of the Company without its consent (15)Cancellation. This policy may be cancelled by the Insured by surrender thereof to being first obtained. Should such claim or claims be adjusted prior to trial court the Company or any of its authorized agents or by mailing to the Company written judgment for a sum or aggregate sum of not more than the retention,then no costs notice stating when thereafter the cancellation shall be effective. This policy may shall be payable by the Company.Should,however,the sum or aggregate sum for be cancelled by the Company by mailing to the Insured at the address shown in which such claim or claims are adjustable prior to the rendering of trial court this policy written notice stating when not less than ten days thereafter such can- judgment or judgments exceed the retention, then the Company, if it consents to cellation shall be effective. The mailing of notice as aforesaid shall be sufficient trial court proceedings continuing,shall contribute to the costs in the ratio that its proof of notice. The time of the surrender or the effective date and hour of can- proportion of the liability for the judgments rendered,or settlement or settlements cellation stated in the notice shall become the end of the policy period. Delivery of made bears to the whole amount of said judgment or settlement or judgments or such written notice,either by the Insured or by the Company,shall be equivalent settlements, to mailing, (al_Loss Payable. The Company shall pay any loss for which it may be liable under If the Insured cancels,earned premium shall be(1)computed in accordance with ris policy in the following manner: the customary short rate table and procedure and(2)not less than the minimum (a) if one of the said worker's compensation laws is applicable,payment therefor premium stated in the declarations. If the Company cancels, earned premium shall first be made by the Insured in accordance with the provisions of the shall be computed pro rata. Premium adjustment may be made at the time can- law,and the Company shall reimburse the Insured for such loss periodically, cellation is effected and,if not then made,shall be made as soon as practicable af- at intervals of not less than one month, upon receipt from the Insured of ter cancellation becomes effective. The Company's check or the check of its proper proofs of payment.No voluntary commutation of compensation awards representative mailed or delivered as aforesaid,shall be a sufficient tender of any to a lump sum basis shall be made by the Insured without the consent of the refund of premium due to the Insured. Company. (16)Conformity to Statute.Terms of this policy which are inconflict with the provisions (b) if none of the said worker's compensation laws is applicable and damages of the worker's compensation law are hereby amended to conform to such law. are recovered against the Insured, payment therefor shall be made by the (17)Declarations. By acceptance of this policy,the Insured agrees that the statements Company within thirty(30) days after proper proofs of payment by Insured in the Declarations are his agreements and representations, that this policy is shall have been received by the Company. issued in reliance upon the truth of such representations and that this policy em- (9) Appeals. In the event the Insured elects not to appeal a judgment in excess of the bodies all agreements existing between himself and the Company or any of its retained limit,the Company may elect to take such appeal at its own cost and ex- agents relating to this insurance. IN WITNESS WHEREOF the Company has caused this policy to be si@ned by its President and Secretary but this policy shall not be valid unless completed by the attachment hereto of a Declarations page designated as Part Two and countersigned on the aforesaid Declarations page by a duly authorized representative of the Company. ++, Secretary President Hello